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January 25, 2022
ITEM TITLE
Contract Amendment and Appropriation: Approve an Amendment to the Agreement with Fehr & Peers to Provide Professional Services Related to Transportation Project Cost Estimating and the Implementation of Senate Bill (SB) 743 and Appropriate Funds
Report Number: 22-0030
Location: No specific geographic location
Department: Development Services
Environmental Notice : The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Adopt a resolution waiving the competitive bid process pursuant to Chula Vista Municipal Code Section
2.56.070B.3 approving the contract amendment , and appropriating funds for that purpose . (4/5 Vote Required)
SUMMARY
Amendment to Consultant Services A greement with Fehr & Peers to Provide Professional Services Supporting City of Chula Vista Implementation of Senate Bill (SB) 743 to accommodate additional professional services for transportation project cost estimating.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity 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 the proposed activity consists of the creation of a governmental fiscal/funding mechanism which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
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Not applicable.
DISCUSSION
On December 10, 2019, Council adopted Resolution 2019 -236, which approved a consultant services agreement (the “Original Agreement ”) betwe en the City of Chula Vista and Fehr & Peers to provide professional services to support the City’s implementation of Senate Bill 743 (SB 743). SB 743 replaces Level of Service with Vehicle Miles Traveled (VMT) as the metric for determining the significance of transportation impacts under CEQA. The Original Agreement had a not -to-exceed budget of $515,363.00, including a contingency of $46,851. Authorized services included the development of tools and procedures to complete CEQA transportation impact analysis in the City of Chula Vista, development of a fee program under the Mitigation Fee Act to minimize VMT effects, and an update to the City’s existing Transportation Development Impact Fee (TDIF) programs.
The first phase of the services was completed in June 2020 in support of the City Council adopted Resolution 2020-140, approving the Transportation Study Guidelines (TSG). The TSG was completed prior to the July 1, 2020 implementation deadline established b y the California Office of Planning and Research. The consultant team completed this phase approximately $28,000 below the established budget and with all the contingency intact. The TSG was the first formally adopted VMT implementation document in San Die go County, and one of only three documents approved in the region prior to the statewide Senate Bill 743 implementation deadline of July 1, 2020.
Three contract amendments have been previously executed for the project. The first amendment (March 3, 2020) corrected an inconsistency between the Original Agreement and the staff report regarding the allocation of the contingency budget. The second amend ment removed a consultant from the Original Agreement who subsequently determined they would not participate in the project. The third amendment reallocated unused budget and contingencies to prepare a multi -modal master plan, including a Neighborhood Elec tric Vehicle network, which is planned as a Development Impact Fee funded VMT mitigation measure. None of the previous change orders have increased the total budget from the Original Agreement.
The current contract amendment will fund civil engineering se rvices to update the cost estimates for approximately 50 uncompleted roadway and active transportation facilities that are currently included in the Eastern TDIF and Western TDIF nexus studies, both of which were completed in 2014. The 2014 cost estimates were prepared by various consultants over time and several of them were originally done in previous editions of the nexus studies, with costs being escalated to 2014 using published indices. The proposed cost estimates wou ld be developed based on uniform methods and assumptions, including unit costs and prevailing wage for relevant trades. The updated cost estimates will provide an accurate and reliable basis to calculate the TDIF rates, which will be documented in the updated nexus studies.
Competitive Bid Waiver
Over the course of the project, the consultant team has developed a unique understanding of City processes, procedures, and objectives with respect to SB 743 implementation. As such, staff believes that a competitive P a g e | 3
bid selection would result in additional costs and delays to select a new consultant and to bring them up to speed before commencing the additional services. Therefore, staff proposes that the City Council waive the competitive bidding process in accordance with Chula Vista Municipal Code Section 2.56.070B.3.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
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.
CURRENT-YEAR FISCAL IMPACT
Adoption of the resolution would have no impact on the General fund. The original contract and the proposed amendment is entirely funded by the TDIF programs. The proposed contract amendment with Fehr & Peers involves a budget increase of $96,310, which would increase the combined not-to-exceed authorization from $515,363 to $611,673.
The additional services will be funded fr om the available balances of the Eastern and Western TDIF funds. The cost allocation between the Eastern and Western TDIF funds is based on the remaining fee program obligation as of the most recent nexus study for each TDIF, 86% and 14%, respectively. Appropriations by fund are summarized in the table below.
Funding Source Appropriation
Eastern TDIF Fund $ 82,827
Western TDIF Fund $ 13,483
Total Appropriation $ 96,310
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund or the Development Services Fund with this action.
ATTACHMENTS
1. Competitive Bid Waiver City Council Resolution
2. Fehr & Peers Contract Amendment No. 4
Staff Contact: Scott Barker, Transportation Engineer, Development Services Tiffany Allen, Director of Development Services