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HomeMy WebLinkAboutReso 2013-088RESOLUTION NO.2013-088 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 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 DepartrnenYS 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 preparation 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 Resolution No. 2013-088 Page No. 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 prepazation of environrental documents and coordination and oversight of the prepazation 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 necessary to extend the duration of consultant services related to the prepazation of environmental documents and coordination and oversight of the prepazation 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 aze still required for continued prepazation of environmental documents and coordination and oversight of the prepazation 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 azea 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 prepazation 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. Resolution No. 2013-088 Page No. 3 NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find that based upon Consultant's experience and expertise in managing the prepazation 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 authorize the Mayor to execute the same. Presented by Approved as to form by ~_ Gaz alb t, P.E., AICP len R. G ogins Assistant ity Manager/Director of ity Att ey Develop ent Services Resolution No. 2013-088 Page No. 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 21st day of May 2013 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Salas ~~ Cheryl Cox, M or ATTEST: Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2013-088 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 21st day of May 2013. Executed this 21st day of May 2013. Donna R. Norris, C, City Clerk