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HomeMy WebLinkAboutCC RESO 2014-161RESOLUTION NO. 2014 — 161 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH E2 MANAGETECH, INC. TO INCREASE THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $300,000 AND EXTEND THE TERM OF THE AGREEMENT ONE YEAR TO DECEMBER 2, 2015 FOR ENVIRONMENTAL REMEDIATION OF THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT PROJECT SITE LOCATED AT 2100 AND 2020 HOOVER AVENUE, PURSUANT TO THE CITY'S OBLIGATION TO THE FORMER REDEVELOPMENT AGENCY TO CARRY OUT THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND PARADISE CREEK HOUSING PARTNERS, LP WHEREAS, the Community Development Commission of the City of National City ("CDC") selected E2 ManageTech through a competitive Request for Qualifications process to provide environmental engineering services and project management for remediation of the Westside Infill Transit Oriented Development Project ("WI-TOD") site located at 2100 and 2020 Hoover Avenue; and WHEREAS, through their agreement with the CDC, which was executed on September 6, 2011, E2 ManageTech prepared a comprehensive Property Mitigation Plan (PMP) for environmental remediation of the project site; and WHEREAS, on December 3, 2013, the City Council adopted Resolution No. 2013-185, authorizing the Mayor to execute an Agreement with E2 ManageTech in the amount of $120,000 to assist staff with obtaining regulatory approvals and implementation of the PMP for the WI-TOD Project in order to meet the City's obligation to the former redevelopment agency to carry out the Disposition and Development Agreement by and between the Community Development Commission of the City of National City and Paradise Creek Housing Partners, LP; and WHEREAS, the original Agreement and scope of work focused on obtaining separate environmental closures for the east side of Paradise Creek by November 2014, in order to meet the developer's schedule, which E2 ManageTech was able to achieve; and WHEREAS, due to the following conditions that occurred throughout the project, an additional $102,303 was required to meet the developer's aggressive schedule: • Unforeseen site conditions (for example, abandoned infrastructure for hydraulic lifts beneath the mechanic's shop were discovered which required additional excavation, testing, analysis and reporting); • Coordination with and reporting requirements imposed by three separate and distinct environmental regulatory agencies — California Department of Toxic Substances Control (DTSC), County of San Diego Department of Environmental Health (DEH) and Regional Water Quality Control Board (RWQCB); --- Signature Page to Follow --- Resolution No. 2014 — 161 Page Two • Additional excavation, sampling, soil characterization, testing, analysis, and reporting required by DTSC; • Increased costs associated with expedited turnaround times for laboratory analysis, testing and report preparation; and WHEREAS, remaining costs associated with the east side closure (above and beyond the original contract amount), based on additional requirements from the regulatory agencies, are estimated at approximately $48,000; and WHEREAS, the cost estimates to obtain individual closures for the west side of Paradise Creek, total approximately $138,000; and WHEREAS, this First Amendment to the Agreement provides for change order work, remaining east side work, proposal to obtain west side closures, and contingency, for the not to exceed amount of $300,000, which would result in a total Agreement not to exceed amount of $420,000, and extends the Agreement by one year to December 2, 2015; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a First Amendment to the Agreement with E2 ManageTech, Inc., to increase the not to exceed amount of the Agreement by $300,000 and extend the term one year to December 2, 2015 for environmental remediation of the Westside Infill Transit Oriented Development Project site located at 2100 and 2020 Hoover Avenue, pursuant to the City's obligation to the former redevelopment agency to carry out the Disposition and Development Agreement by and between the Community Development Commission of the City of National City and Paradise Creek Housing Partners, LP. The First Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of November, 2014. Ron Morrison, Mayor ATTEST: Michael R. DallCity Clerk PROVED AS. O FORM: dia acitu : Silva City Attor Passed and adopted by the Council of the City of National City, California, on November 18, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-161 of the City of National City, California, passed and adopted by the Council of said City on November 18, 2014. City Clerk of the City of National City, California By: Deputy