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RESOLUTION NO. 2014-076 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CERTAIN ADDITIONAL SERVICES IN ACCORDANCE WITH ARTICLE I OF THE EXISTING AGREEMENT DATED NOVEMBER 9, 2010, APPROVED IN ACCORDANCE WITH COUNCIL RESOLUTION NO. 2010-263, BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY IN THE AMOUNT OF $121,000 FOR PREPARING AND PERMITTING THE ENVIRONMENTAL MITIGATION FOR BONITA CANYON EMERGENCY REPAIR PROJECT (DR189) (This item was continued from the May 13, 2014 meeting.)
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
On December 31, 2012, the US Army Corps of Engineer (ACOE) granted the City of Chula Vista a Regional General Permit (RGP63) for the Bonita Canyon Emergency Repair project to address the impending failure of the gabion structure due to the onset of rains. On January 25, 2013, the repair work was completed by Cass Construction, Inc. As a condition of the RGP63, mitigation of the project impacts is negotiated after the emergency work has been done. The requested action will allow the City to prepare and permit the environmental mitigation for the emergency repair.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 6 categorical exemption pursuant to Section 15306 [Information Collection] of the State CEQA Guidelines because the activity consists of basic data collection through regulatory agency negotiations and the preparation of drawings and environmental documentation for future project mitigation implementation related to the Bonita Canyon Repair project. The evaluation and documentation is part of a study leading to an action that the City of Chula Vista has not yet approved or adopted. Thus, no further environmental review is required at this time. Although environmental review is not required at this time, once the scope of potential actions are defined, environmental review will be required and the appropriate environmental determination will be made.
BOARD/COMMISSION RECOMMENDATION
Not applicable
DISCUSSION
On November 9, 2010, in accordance with Resolution 2010-263, City Council approved a contract agreement with Rick Engineering Company and Helix Environmental Planning (RH Team) that included capital improvement project DR189 "Bonita Canyon Repairs".
Since the canyon has sensitive wetland areas, the work within the canyon was permitted by ACOE after review and consultation with the Resource Agencies Team. The Resource Agencies Team includes Army Corps of Engineers (ACOE), Regional Water Quality Control Board (RWQCB), US Fish and Wildlife Service (USFWS), and California Department of Fish and Wildlife (CDFW).
On June 5, 2012, the City and the RH Team met with the Resource Agencies Team and presented the originally proposed project which focused on repairing, reinforcing and stabilizing the existing gabion structure. The Resource Agencies Team rejected the concept of repairing the gabion and recommended a channel restoration project instead.
In subsequent meetings with the Resource Agencies Team, City staff expressed their concerns with the timing and cost of the recommended restoration project and proposed an alternative design which was acceptable to the Resource Agencies Team. The modifications to the plans, specifications and environmental documents as well as the processing of the proposed project increased the level of effort and work required by the RH Team, therefore additional project work was awarded to the RH Team per Resolutions No. 2012-234, and 2012-04 (Attachment No.1).
During the Fall of 2012, after the City experienced several significant storm events, staff became increasingly concerned about the urgency of the project, the current condition of Bonita Canyon, and the possibility that future rain events might destroy or further damage the gabion structure and release large amounts of silt downstream. Upon further evaluating these concerns and with the assistance of the RH Team, staff requested an emergency Regional General Permit No. 63 permit (RGP63) from the ACOE to place rip-rap on the downstream side of the gabion structure in order to reinforce the gabion structure and provide sediment containment.
On December 31, 2012, after further negotiations, the ACOE granted the City of Chula Vista a permit, RGP63, which is typically issued for "Repair and Protection Activities in Emergency Situations". The proposed project included reinforcing the gabion with ½ ton rock/riprap that would permanently stabilize the existing gabion structure and fulfill the original purpose of the Bonita Canyon Repairs CIP. Staff informed the other Resource Agencies including RWQCB, USFWS, and CDFW of the action taken by the ACOE.
Subsequently, in accordance with provisions in Section 1009 of the City Charter, on January 4, 2013, upon obtaining approval from the Resource Agencies Team, Chula Vista staff solicited three informal bids from contractors and retained Cass Construction, Inc. (Contractor License No. 298336) to perform the repair work. On March 27, 2013, Cass Construction, Inc. completed the repair work, and the potential threat of injury and property damage has been averted due to the combined efforts of RH Team, City staff and the Resource Agencies Team.
Since the completion of the construction, the RH Team and Staff have been persistently contacting the Resource Agencies Team and requesting review and approval for the project mitigation. However, the negotiations with the ACOE have been prolonged due to federal budget issues and disagreement between the City and ACOE over the proposed mitigation in the Habitat Mitigation and Monitoring Plan (HMMP). Additional effort is required to approve this phase of the project. This Resolution will authorize City staff to augment the current contract with RH Team to assist in the continued negotiations with ACOE and the preparation of the construction documents for the mitigation.
Since the RH Team is already familiar with the project conditions and was already under contract with the City for doing the original repair work, the RH Team is uniquely qualified to provide the additional services; accordingly, staff recommends that City Council waive the standard competitive selection process as impractical under Chula Vista Municipal Code Section 2.56.070.B.3; and, on sole source basis augment the current contract with the RH Team for an additional $121,000 to continue negotiations and to produce the construction drawings and documentation for the environmental mitigation phase. RH Team's cost estimate to complete the environmental work for the RGP63 is dependent on ACOE making their final decisions on the required mitigation for this project. The amount in this resolution is based on staff and the RH Team's best estimate at this time.
As of today, the City has compensated the RH Team $287,373 for their services:
Once the ACOE issues their approval for the environmental mitigation, staff will proceed with Request for Proposals process and return to Council to award contracts for the construction and implementation of the environmental mitigation and biological monitoring for this project.
DECISION-MAKER CONFLICT
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, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
This project will support the City's Strategic Plan as it seeks to enhance the City's Strategic Goals of Healthy Community by controlling the erosion and creating safe environment within Bonita Canyon Channel.
CURRENT YEAR FISCAL IMPACT
Staff recommends funding the consultant services for processing and preparing the environmental mitigation documentations for Bonita Canyon emergency repair project from the remaining balance of $654,861 that was budgeted from the General Fund in CIP DR189. To date, the City has spent a total of $489,433 for the RH Team services and for construction of the repair from the General Fund in construction costs associated with CIP DR189.
ONGOING FISCAL IMPACT
After completion of the project, an annual on-going maintenance expenditure will be required. The amount of this expenditure will depend on mitigation negotiations with the Resource Agencies described earlier in this report.
ATTACHMENTS
1. Resolutions (No. 2013-095, 2012-234, 2012-041, 2010-263 , 2010-212)
2. RH Team Scope of Work