HomeMy WebLinkAbout2011/01/25 Item 4CITY COUNCIL
AGENDA STATEMENT
,~~ y ,~r ~- ~lfl/
,~,~~ ~;~ CITY OF
CHULA VISTA
Item No.:
Meeting Date: 01-25-11
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE FORMAL BIDDING PROCESS AND
APPROVING THE FIRST 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.
SUBMITTED BY: ASSISTANT CITY MANAGEId9DIRECTOR OF DEVELOPMENT
SERVICES
REVIEWED BY: CITY MANAGER
4/5TH VOTE REQUIRED YES NO X
SUMMARY
The item before the City Council is a request to approve the first amendment to the previously
approved (October 27, 2009) two-party agreement with Marion B. Borg Environmental
Consulting for environmental consulting services for an eighteen-month period. The First
Amendment is for an additional amount not to exceed $ 288,000.
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.
RECOMMENDATION:.
That the City Council adopt the Resolution.
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Page 2, Item No.: T
Meeting Date: 01-25-11
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
The continuing services of Marion B. Borg Environmental Consulting are needed for the
processing of environmental impact reports associated with the University Villages Sectional
Planning Area plans. The City is in the process of reviewing and processing an environmental
impact report and will, in the near future, be processing at least two additional environmental
impact reports with regard to this project. For the past year, Ms. Borg has been working as an
extension of staff on the processing of the environmental impact report related to the University
Villages Sectional Planning areas under the terms of the two-party agreement approved by City
Council on October 27, 2009. This amendment to the previously approved two-party agreement
essentially extends the duration of the contract to coincide with the expanded project-processing
schedule and expands the contract amount to be in alignment with both the expanded project
timeline and work effort involved. The amendment represents an additional $ 288,000 of
services to accommodate approximately 30 hours of work effort per week for an additional 18
months (February 1, 2011 through July 31, 2012).
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 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 into the future. In
her time with the City, Ms. Borg has successfully processed EIRs for the Eastern Urban Center,
Otay Ranch Villages Two and Three, 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 University Villages Sectional Planning Area plans. Pursuant to Land Offer Agreements
(LOAs) between the City and Otay Ranch Property owners, entitlements for these projects must
be processed within a two year 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.
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 &
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Page 3, Item No.:
Meeting Date: Ol-ZS-ll
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.
• Prepazation of environmental documents such as mitigated negative declarations,
addendums, notices of preparation, 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 $288,000, bringing the total contract amount to $388,000. The Consultant will be paid at
an hourly rate of $120.00 (as needed). This amended hourly rate now 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 members and has found no property
holdings within 500 feet of the boundaries of the property, which is subject to this action.
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
costs associated with the City providing office space, supplies and equipment for the consultant.
The contract amount for consulting services for this contract amendment is $288,000.
ON-GOING 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.
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Page 4, Item No.: 7
Meeting Date: 01-25-11
Attachments:
1. Two-Party Agreement Amendment
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RESOLUTION NO.2011-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE FORMAL BIDDING
PROCESS AND APPROVING THE FIRST 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 envirorunental 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
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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, for the past year Consultant has been working as an extension of staff on the
processing of the environmental impact report related to the University Villages Sectional
Planning azeas under the terms of the Original Agreement; and
WHEREAS, it has become necessary 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 aze still required for continued preparation of
environmental documents and coordination and oversight of the prepazation of environmental
documents related to the entirety of the University Villages 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 University Villages 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 Environmental Review Coordinator 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 & A of the Municipal Code of the City of Chula
Vista.
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 fox 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
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Resolution
Page 3
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 First Amendment to the agreement with Marion B. Borg Environmental
Consulting and authorizes the Mayor to execute the same.
Presented by
Gary Halbert, AICP, PE ~~
Assistant City Manager/
Development Services Director
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Approved as to form by
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
Dated: ~~ 2 U
FIRST AMENDMENT TO
THE TWO PARTY AGREEMENT BETWEEN
THE CITY OF CHULA VISTA, AND
MARION B. BORG, ENVIRONMENTAL CONSULTING
FOR ENVIRONMENTAL CONSULTING SERVICES
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FIRST AMENDMENT
To the Two Party Agreement
Between the City of Chula Vista
And
Marion B. Borg, Environmental Consulting, and
For Environmental Consulting Services
This First Amendment is effective as of January 25, 2011 (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 prepazation 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, for the past year Consultant has been working as an extension of staff on
the processing of the environmental impact report related to the University Villages
Sectional Planning areas under the terms of the Original Agreement; and
WHEREAS, Consultant and City estimate a continued effort of approximately 30
hours a week dedicated on the University Villages Sectional Planning areas for the next
eighteen 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 University Villages Sectional Planning areas over the last year and working on said
project 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. Recitals, are hereby amended to include the following:
WHEREAS, City will apply a fifteen percent (15%) overhead rate to Consultant's
invoices to cover City's provision of office space, equipment and supplies to Consultant;
and
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WHEREAS, City and Consultant warrant that time on this project, including the
City's 15% overhead, will be billed at no more than the hourly rate the Ciry bills for an
equivalent City staff member.
2. Exhibit A, Section 8. D., is hereby amended to read as follows:
Date for completion of all Consultant services:
July 31, 2012
3. 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 $288,000
including all Materials, and other "reimburseables" ("Maximum Compensation").
Rate Schedule; Hourly Rate $ 120.00
4. Exhibit A, Section 10, is hereby amended to include Subsection D., as follows:
D. Overhead Rate
City will apply a fifteen percent (15%) overhead rate to Consultant's invoices to
cover City's provision of office space, equipment and supplies to Consultant. City
and Consultant warrant that time on this project, including the City's IS%
overhead, will be billed at no more than the hourly rate the City bills for an
equivalent City staff member.
5. Exhibit A, Section 11, is hereby amended to read as follows:
For the cost of out of pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set forth
below:
(X) None, the compensation includes all costs.
Cost or Rate
O Reports Actual
O Copies Actual
O Travel Actual
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O Printing
O Postage
O Delivery
O Long Distance Telephone Charges
O Other Actual Identifiable Direct Costs:
Mileage charged at $0.49 per mile
O Reports
Actual
Actual
Actual
Actual
Actual
Actual
6. All other terms and conditions of the Original Agreement, not specifically modified
by this First Amendment shall remain in full force and effect.
[Remainder of page intentionally left blank]
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Jan 20 11 10:44a rfarni Horg 858.646.0646 p.l
Signature Page
'fn the hirst Amendment to the Two Pprty Agreement
13rfwren the Cily of Chula Vista atld
. M:u•iun B. Rorg, EnvirmimctiUWl Consulting
For Environmental Consulting Services
1N Wl'fNL•'SS W1IGRGO.F, City and Consultant have executed this I'irsl
Amendment to the Original Ae+rrement as of the El'Iccfive Date first W~rittcn above
lhrreby indicating that they have i•cad and undersload same, and indicatlc their full and
complete consent m its terms:
Daled: __,..........._._ Dated: U ~;?7 v.11
Cily uFChula Vista Consultant: Marion I3. Borg,
L-nv;ronmcntal Consultinv~
liy;
C:hcryl Cox, Mayor
A t lest:
Donna Norris, City Clerk '
RY~ ~Z.GL~..crryL ._/~__._1:~~.
Marion R, Borg
Approved as to Pomi:
Glen R. Googins, City Auumey ~ --
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