TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:June 20, 2023
SUBJECT: Dudek Environmental Consulting Services
RECOMMENDATION:
1. Approve First Amendment to Task Order No. 3 (On-Call Contract No. 12520- 2020) with Dudek Consulting of Santa Barbara, CA, to complete environmental documents for the Los Robles Comprehensive Cancer Center Project at 400 East Rolling Oaks Drive, in the amount of $169,527, increasing the total not-to- exceed amount to $294,527.
2. Authorize staff to waive formal Request for Proposal/Qualifications (RFP/Q) process and amend the task order to allow a not-to-exceed amount above the $125,000 task order threshold, pursuant to Thousand Oaks Municipal Code (TOMC) Section 3-10.501.
3. Authorize expenditure in an amount of $169,527 from A/C #001-4210-641- 5947 (Contracted Services, Reimbursable).
4. Find that the approval of a professional services agreement is not a project under California Environmental Quality Act (CEQA) Guideline Section 15378(b)(5) (CCR, Title 14, Chapter 3, Article 20).
FINANCIAL IMPACT:
No Additional Funding Requested. $169,527 for the task order amendment for the preparation of an Environmental Impact Report (EIR) is included in the Adopted FY 2022-23 General Fund Budget. The costs will be reimbursed by the applicant at the completion of the project. Other costs are limited to staff time to prepare the report, assist in the preparation of the EIR, and are also offset by application fees paid by the applicant.
Dudek Environmental Consulting Services
June 20, 2023
BACKGROUND:
Los Robles Regional Medical Center, the project applicant, proposes to construct a new 58,412 square foot comprehensive cancer center and medical facility on an approximately 4.7 gross acre parcel located at 400 East Rolling Oaks Drive in the City (the “Project”). The one to two-story Project ranges from 27 to 43 feet in height with mansard roofing and fully screened mechanical equipment. The Project is designed to consolidate various cancer services including radiation, oncology, medical oncology, surgical oncology, imaging, and patient service-related functions (navigation, geneticist, appearance center, library, and other support services) within a single comprehensive cancer treatment facility.
On June 23, 2020, City Council approved on-call professional services agreements with firms for various services. Included in these firms was an agreement between the City and Dudek Consulting (Dudek) to provide the City as-needed environmental consulting services up to $125,000 per task order and not-to- exceed $500,000 annually.
On July 26, 2022, the City informally solicited proposals from 11 pre-qualified environmental consultants from the City’s on-call consultant list. The City received three competitive proposals and the proposal review process was initiated. After a thorough evaluation of all proposals, Community Development Department staff selected Dudek as the most qualified for the CEQA consulting project based on their prior experience with the City and similar projects, availability, timelines, and proposed scope of work and schedule. Dudek has previously served as an environmental consultant who prepared several environmental documents implemented by the City and has provided consulting services for other public agencies. The City has been satisfied with Dudek's services and deliverables on previous projects.
On September 27, 2022, the City Council approved Task Order No. 3 (Attachment #1) with Dudek for $116,030 and additional services of $8,970 for a total not-to- exceed amount of $125,000 to provide professional services in connection with preparation of the EIR for the Los Robles Comprehensive Cancer Center.
DISCUSSION/ANALYSIS:
Task Order No. 3 was approved for $116,030 and additional services of $8,970 1 for a total not-to-exceed amount of $125,000 based on an estimate to complete an EIR for environmental clearance. However, during the CEQA required investigation, several additional requirements arose. These requirements include significantly more analysis and background technical document preparation beyond those included in the underlying scope, including a Fire Protection Plan, 1 The amounts stated in the Task Order No. 3 to Contract 12520-2020, included as Attachment #1 states the contingency amount as $21,240, due to a mathematical error.
Dudek Environmental Consulting Services
June 20, 2023
Air Quality Technical Study, Phase I Environmental Site Assessment, and Aesthetics Analysis with Photo Simulations. In addition, labor costs have been incurred in order to complete revisions to the draft EIR due to an evolving Project Description and to conduct additional analysis in response to comments received during the Notice of Preparation review period. Due to the extent of public engagement received to date, additional resources and staffing to prepare timely responses to comments; more robust alternatives analysis, and attendance of technical experts at the public hearings are being requested as part of this amendment. The current task order amount will not cover the expected total expenditure based on the need for additional services. Therefore, staff is requesting an amendment to fulfill the contractual obligation to the consultant for delivering the environmental document and associated tasks.
First Amendment to Task Order No. 3 (Attachment #2) is requested for $169,527 to finalize the environmental documents, prepare additional analysis and technical studies, provide adequate resources and staffing to provide robust response to comments anticipated; and allow for additional technical experts to be available at public hearings. The applicant will be required to pay an additional deposit fee so the City will fully recover its costs from the applicant’s deposit fund. The Draft EIR is expected to be released for public comment in August 2023. Based on the status of the project, the final tasks of the EIR process are anticipated for completion by Fall 2023.
As the total not-to-exceed amount will exceed $125,000, the upper limit for a task order for an on-call contract, a waiver of this limit by the City Council is required.
The City’s purchasing requirements for a proposal that could exceed $125,000 in value is to prepare and publish a separate formal RFP/Q for the project rather than use an On Call Agreement. TOMC Section 3-10.501, however, provides authority for City Council to waive a standard RFP/Q process under certain circumstances.
Due to the current project’s ongoing status, the unexpected and voluminous growth of the EIR requirements, and the consultant’s extensive work on this project to date, staff is requesting City Council to waive the City’s formal RFP/Q requirements and authorize City staff to amend the task order to allow a not-to- exceed amount above the $125,000 task order threshold so that the current consultant can complete the work commenced. City Council approval of Amendment No. 1 to Task Order No. 3 (Contract No. 12520-2020) with Dudek in the amount of $169,527, increasing the total not-to-exceed amount to $294,527 is recommended.
Dudek Environmental Consulting Services
June 20, 2023
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
PREPARED BY: Justine Kendall, Associate Planner
Attachments:
Attachment #1 – Task Order No. 3 to Contract No. 12520-2020 Attachment #2 – First Amendment to Task Order No. 3 to Contract No. 12520-2020
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