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HomeMy WebLinkAboutReso 2002-295 RESOLUTION NO. 2002-295 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS AND APPROVING A FOUR-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; HELIX ENVIRONMENTAL PLANNING, INC., CONSULTANT; AND OTAY PROJECT, LP AND MCMILLIN OTAY RANCH, LLC, APPLICANTS, FOR MITIGATION MONITORING SERVICES TO BE RENDERED FOR OLYMPIC PARKWAY BETWEEN BRANDYWINE AVENUE AND STATE ROUTE 125, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on April 13, 1999, the City Council of the City of Chula Vista certified Mitigated Negative Declaration No. IS-99-20 and adopted the accompanying Mitigation Monitoring and Reporting Program (MMRP) for the Olympic Parkway Extension; and WHEREAS, on April 20, 1999, the City Council approved the "Agreement for Financing and Construction of Olympic Parkway and Related Roadway Improvements (Agreement)", by and among the City of Chula Vista, McMillin Otay Ranch, LLC, and Otay Project, I_J? for the segment of Olympic Parkway within the master planned community commonly known as Otay Ranch Sectional Planning Area One and Sectional Planning Area One West; and WHEREAS, the implementation of the MMRP and agreement necessitates the expertise of an Environmental Monitor Specialist (Biologist) and requires the hiring of a consultant; and WHEREAS, it was determined by the Director of Planning and Building that staff has neither the available time nor the expertise to perform the subject work; and WHEREAS, the applicant has deposited or will deposit funds necessary for the mitigation monitoring services; and WHEREAS, the City solicited request for proposals from three qualified consulting firms, and three proposals were received by the City that were responsive to the request; and WHEREAS, waiving the City's formal bidding process for this professional service contract, is in the City's best interest because the City is in immediate need of an experienced Environmental Monitor Specialist (Biologist) that is familiar with the policies and procedures of the City, the State of California and federal resource agencies, and with the California Environmental Quality Act to ensure successful wetland, upland, and aquatic habitat creation following the City's acceptance of plant installation, which is anticipated to be granted shortly, at which time a biologist will be needed to commence the five-year maintenance and monitoring program pursuant to the City's obligations under permits issued by the U.S. Army Corps of Engineers, California Department of Fish and Game, and California Regional Water Quality Control Board for the project; and WHEREAS, the consultant is uniquely qualified to serve as the Environmental Monitor Specialist (Biologist) for this project based on their work on projects of a similar nature, their experience with the resource agencies, their grasp of the project's complexities, and the firm's project experience within the City of Chula Vista and the region; and Resolution 2002-295 Page 2 WHEREAS, the Environmental Review Coordinator has negotiated the details of this agreement in accordance with procedures set forth in the Environmental Review Procedures. WHEREAS, the proposed contract with Helix Environmental Planning, Inc. to provide mitigation monitoring services would be in an amount not to exceed $97,400. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the City's formal bidding process and does hereby approve the four-party agreement between the City of Chula Vista; Helix Environmental Planning, Inc., Otay Project LP, and McMillin Otay Ranch, LLC to conduct mitigation monitoring services for Olympic Parkway between Brandywine Avenue and State Route 125. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Robert A. Leiter ~ M. Kaheny , 7 Planning and Building Director ~/City Attorney Resolution 2002-295 Page 3 - PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of August, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: Horton ATTEST: Susan Bigelow, City Cler~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-295 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of August, 2002. Executed this 13th day of August, 2002. Susan Bigelow, City Clerk