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HomeMy WebLinkAbout2013/05/21 Item 03CITY COUNCIL AGENDA STATEMENT r j \~(// CITY OF ~` CHULA VISTA Item No.: 3 Meeting Date: 05/Z1/13 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND APPROVING A SECOND AMENDMENT TO AN EXISTING TWO- PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, AND MARION B. BORG ENVIRONMENTAL CONSULTING SERVICES, RELATED TO THE PREPARATION, COORDINATION AND OVERSIGHT OF ENVIRONMENTAL DOCUMENTS, ON BEHALF OF THE CITY OF CHULA VISTA SUBMITTED BY: ASSISTANT CIT MANAGER/DEVELOPMENT SERVICES DIItECTOR REVIEWED BY: CITY MANAGER ~ Noy 4/STHS VOTE: YES NO X SUMMARY The item before the City Council is a request to approve a second amendment to the previously approved (October 27, 2009 and January 25, 2011) two-party agreement with Marion B. Borg Environmental Consulting for environmental consulting services for anineteen-month period. The proposed second amendment is for an amount not to exceed $168,000. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed contract approval for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review of contract approval is required. 3-1 Date, Item No.• 3 Meeting Date: 05/21/13 Page 2 of 4 RECOMMENDATION That the City Council adopt the Resolution. BOARDS/COMMISSION RECOMMENDATION N/A DISCUSSION Back rg ound The continuing services of Marion B. Borg Environmental Consulting are needed for the processing of environmental impact reports for the Sectional Planning Area (SPA) Plans related to the University Land Offer Agreements (LOAs). The City is in the process of reviewing and processing four environmental impact reports with regazd to these projects. For the past several years, Ms. Borg has been working as an extension of staff on these applications under the terms of the two-party agreement originally approved by City Council on October 27, 2009 and amended on January 25, 2011. This proposed second amendment extends the duration of the contract to coincide with the current project-processing schedule and expands the contract amount to be in alignment with both the extended project timeline and work effort involved. Ms. Borg has worked as an extension of staff for the City of Chula Vista since May of 2000. During her time with the City of Chula Vista, Ms. Borg has proved herself to be a very efficient and competent professional. Ms. Borg has established herself as an integral part of the Development Services Department, and the City wishes to maintain this working partnership. In her time with the City, Ms. Borg has successfully processed EIRs for the Eastern Urban Center, Otay Ranch Villages Two, Three and a Portion of Four, Otay Ranch Village Seven, and East Lake Seniors projects. Ms. Borg is uniquely familiar with the City's planning and environmental processes and will continue to bring her extensive experience and expertise in Otay Ranch environmental review to the Environmental Impacts Reports for the SPA Plans related to the University Land Offer Agreements (LOAs). Pursuant to LOAs between the City and Otay Ranch Property owners, entitlements for these projects must be processed within an expedited timeframe. Ms. Borg's familiarity with Otay Ranch will help to ensure that the project EIRs will be processed within the timeframes specified in the subject LOAs. 3-2 Date, Item No.• .. Meeting Date: 05/21/13 Page 3 of 4 Consultant Selection Process Marion B. Borg Consulting is a sole proprietorship, and Ms. Borg has worked exclusively on City projects since the inception of the original contract with the City in 2000. Ms. Borg has performed as an extension of staff in a highly professional and exemplary manner. Due to her familiarity with the City and its processes, and due to the absence of the need to train Ms. Borg in these processes, the City would be materially better served by waiving the formal consultant selection process. Therefore, pursuant to Chula Vista Municipal Code Section 2.56.070.B. 3 & 4., staff is recommending that the Council waive the formal bidding process and continue with the hiring of Mazion B. Borg to perform the subject environmental work. Scope of Work Marion B. Borg Environmental Consulting will continue to function as the Environmental Consultant/extension of staff to the City of Chula Vista under atwo-party agreement with the City and under the supervision of the City's Director of Development Services. The responsibilities of the Environmental Consultant will include but not be limited to the following: • Environmental project management over the preparation of EIRs. • Preparation of environmental documents such as mitigated negative declazations, addendums, notices of prepazation, notices of completion, and notices of determination. • Other duties as assigned by the Director of Development Services. Contract Payment The total cost of the contract for consulting services related to this contract amendment will not exceed $168,000. The Consultant will continue to be paid at the current hourly rate of $120.00 which includes all Consultant costs, including items such as travel, mileage and printing costs. All costs will be reimbursed through deposit fees paid by project applicants. The City will also charge applicants a 15% overhead rate on the consultant's invoices to cover the costs associated with providing office space, supplies and equipment for the consultant. The overhead costs will also be paid from the project's deposit accounts. DECISION-MAKER CONFLICTS: Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for adecision-maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT There will be no resulting impact to the General Fund. Project applicants will fully compensate the consultant, and will pay the City a 15% overhead rate on the consultant's invoices to cover 3-3 Date, Item No.: ~ Meeting Date: 05/21/13 Page 4 of 4 costs associated with the City providing office space, supplies and equipment for the consultant. The contract amount for consulting services for this second contract amendment is $168,000. ONGOING FISCAL IMPACT Approval of the two-party agreement will not result in on-going fiscal impacts since the contract will terminate once all required work is completed by the consultant. ATTACHMENTS 1. Two-Party Agreement Amendment 2. Two-Party Agreement Amendment Resolution Prepared by: Scott D. Donaghe, Principal Planner, Development Services Department H:\DSD\Agendas and Resos, most up to date version\2013\5-14-2013\Borg 2nd Amendment\Borg 2nd Amendment Agenda Statement - Drafr.docx 3-4 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL /~ G ~~` City Attorney Dated: ~// ~i/r3 SECOND AMENDMENT TO THE TWO PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG, ENVIRONMENTAL CONSULTING FOR ENVIRONMENTAL CONSULTING SERVICES 3-5 Attachment 1 SECOND AMENDMENT To the Two Party Agreement Between the City of Chula Vista And Marion B. Borg, Environmental Consulting For Environmental Consulting Services This Second Amendment is effective as of May 21, 2013 ("Effective Date") by and between the City of Chula Vista ("City") and Marion B. Borg Environmental Consulting ("Consultant"), with reference to the following facts: Recitals WHEREAS, City and Consultant previously entered into an agreement effective October 27, 2009 whereby Consultant was to manage the preparation and processing of environmental documents and provide coordination and oversight of the preparation of environmental documents on behalf of the City ("Original Agreement"); and WHEREAS, the City approved the First Amendment to the Two Party Agreement between the City and Consultant on January 25, 2011; and WHEREAS, for the past several years Consultant has been working as an extension of staff on the processing of the environmental impact reports for the Sectional Planning Areas (SPA) Plans related to the University Land Offer Agreements (LOAs) under the terms of the amended Agreement; and WHEREAS, Consultant and City estimate a continued effort of approximately 25 hours a week dedicated on the Environmental Impact Reports (EIRs) for the SPA Plans for the next nineteen months to complete the entitlement process; and WHEREAS, Consultant is uniquely qualified due to work experience in the City of Chula Vista and experience acting as an extension of the Development Services staff on the EIRs for the LOA related SPA Plans for the last several years and working on said projects while in the employ of the City; and WHEREAS, all work performed by the Consultant has been performed to the satisfaction of the City's Development Services Director. NOW, THEREFORE, in consideration of the Recitals and the mutual obligation of the parties set forth herein, City and Consultant agree to amend the Original Agreement as follows: 1. Exhibit A, Section 8. D., is hereby amended to read as follows: Date for completion of all Consultant services: December 31, 2014 3-6 Attachment 1 2. Exhibit A, Section 10.C., is hereby amended to read as follows: (X) Not-to-Exceed Limitation on Time and materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $168,000 including all Materials, and other "reimburseables" ("Maximum Compensation"). Rate Schedule; Hourly Rate $ 120.00 [Remainder ofpage intentionally Zeft blank] 3-7 Attachment 1 Signature Page To the Second Amendment to the Two Party Agreement Between the City of Chula Vista and Marion B. Borg, Environmental Consulting For Environmental Consulting Services IN WITNESS WHEREOF, City and Consultant have executed this Second Amendment to the Original Agreement as of the Effective Date first written above thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: City of Chula Vista By: Cheryl Cox, Mayor Attest: By: Donna Noms, City Clerk Consultant: Marion B. Borg, Environmental Consulting BY~D~!? -!x.~/a-/~LI Marion B. Borg ~C Approved as to Form: Glen R. Googins, City Attorney 3-8 RESOLUTION NO. 2013- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND APPROVING A SECOND AMENDMENT TO AN EXISITING TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG ENVIRONMENTAL CONSULTING SERVICES, RELATED TO THE PREPARATION OF ENVIRONMENTAL DOCUMENTS AND THE COORDINATION AND OVERSIGHT OF THE PREPARATION OF ENVIRONMENTAL DOCUMENTS, ON BEHALF OF THE CITY OF CHULA VISTA WHEREAS, implementation of the Development Services Department's work plan necessitates the expertise of an environmental consultant and requires the hiring of an environmental consultant; and WHEREAS, the Consultant is currently on the City's list of certified environmental consultants; and WHEREAS, the Consultant has demonstrated the ability to manage the preparation of environmental documents while working as an extension of staff for the City of Chula Vista; and WHEREAS, the Consultant is uniquely familiar with the City's environmental process and procedures; and WHEREAS, it is in the City's best interest to waive the City's formal bidding process as impractical, in that the City is in immediate and continued need of an experienced environmental consultant who is uniquely familiar with the City's environmental process and procedures; and WHEREAS, the Consultant, is uniquely qualified to serve as the Consultant for this contract based on the firm's experience and expertise in managing the prepazation of environmental impact reports within the City of Chula Vista; and WHEREAS, the Director of Development Services has negotiated the details of this agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review Procedures; and WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the timeframes herein provided all in accordance with the terms and conditions of this Agreement; and 3-9 Resolution Page 2 WHEREAS, on October 27, 2009 the City Council approved atwo-party agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting for services related to the preparation of environmental documents and coordination and oversight of the preparation of environmental documents on behalf of the City of Chula; and WHEREAS, ON January 25, 2011 the City Council approved the First Amendment to the two-party agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting; and WHEREAS, for the past several years Consultant has been working as an extension of staff on the processing of the environmental impact reports for the Sectional Planning Area (SPA) Plans related to the University Land Offer Agreements (LOAs) under the terms of the Original Agreement; and WHEREAS, it has become necessazy to extend the duration of consultant services related to the preparation of environmental documents and coordination and oversight of the preparation of environmental documents since the complex nature of current environmental work has necessitated an extension to the project's overall processing schedule; and WHEREAS, Consultant's services are still required for continued prepazation of environmental documents and coordination and oversight of the preparation of environmental documents related to the entirety of the LOA related projects; and WHEREAS, the City will fund said Consultant services through revenue reimbursements from developer deposits through the revenue budget of the Development Services Department; and WHEREAS, Consultant's prior work experience with the City, intimate knowledge of the Otay Ranch project area including the LOA related projects, and extensive work performed on the Otay Ranch project make her uniquely qualified to continue as the Environmental Consultant for the preparation of environmental documents and coordination and oversight of the preparation of environmental documents; and WHEREAS, the Development Services Director has reviewed the proposed contract approval for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under section 15378 of the State CEQA Guidelines because it involves only the approval of a contract for consulting services; therefore, pursuant to Section 15060(c)(3) of the State Guidelines the activity is not subject to CEQA and thus, no environmental review is required; and WHEREAS, City recommends waiving the formal consultant selection process as impractical, as described in Section 2.56.070 B.3 & 4 of the Municipal Code of the City of Chula Vista. 3-10 Resolution Page 3 NOW, THEREFORE, BE IT RESOLVED the City Council does hereby find that based upon Consultant's experience and expertise in managing the preparation of environmental impact reports within the City's eastern territories that Consultant is uniquely qualified to perform environmental work for the City and that it is in the best interest of the City to waive the City's formal bidding process as the City is in immediate and continued need of an experienced environmental consultant who is uniquely familiar with the City's environmental process and procedures and who is immediately available to begin work. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the Second Amendment to the agreement with Marion B. Borg Environmental Consulting and authorizes the Mayor to execute the same. Submitted by Approved as to form by Gary Halbert, AICP, PE Assistant City Manager/ Development Services Director /~ i,~le t2iCity Attorney J:\Attorney\FINAL RESOS\2013\05 21 13\BorgK2ndAmendReso-5 14 13-FINAL.doc 5/14/2013 11:37 AM 3-11