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HomeMy WebLinkAbout2008 CON CDC Rick Engineering Company - 1st AmendmentFIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND RICK ENGINEERING COMPANY This First Amendment to Agreement is entered into on February 5, 2008, by and between the Community Development Commission of the City of National City, a community development commission, and Rick Engineering Company. RECITALS WHEREAS, on March 6, 2007, the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and RICK ENGINEERING COMPANY (the "CONTRACTOR") entered into an AGREEMENT for engineering services related to improvements on Bay Marina Drive and any additional "as -needed" engineering services. WHEREAS, the CONTRACTOR has performed services for the CDC related to Bay Marina Drive improvements and Marina gateway Hotel project; and WHEREAS, Caltrans right-of-way extends westerly on Bay Marina Drive and denies access to the Marina Gateway Hotel from Bay Marina Drive; and WHEREAS, a decertification of Caltrans right-of-way is necessary to gain access rights to the Marina Gateway Hotel from Bay Marina Drive; and WHEREAS, the cost for fees and services to complete the decertification documents and exhibits is $7,500; and WHEREAS, authorized contingency amount of $44,850 with the CONTRACTOR will be surpassed, bringing total amount for services rendered to $52,350. NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS: 1. Increase the CONTRACTOR'S authorized not to exceed amount by $7,500 to pay for fees and services necessary to complete the Caltrans decertification process. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Ron Morrison, Chairman APPROVED AS TO FORM: ;:z. George H. Eiser, III, CDC/City Attorney RICK ENGINEERING COMPANY (Corporation — signature of two corporate officers) (Partnership — one signature) (Sole Proprietorship — one signature) A)(Zt-14-' Title) ame) 55 I54u"'f (Title) 'x'k5,6 C 12 C. i !ilri Al RESOLUTION NO. 2008 — 29 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE THE FIRST AMENDMENT TO AGREEMENT WITH RICK ENGINEERING COMPANY TO PROVIDE ADDITIONAL SERVICES RELATED TO BAY MARINA DRIVE IMPROVEMENTS FOR AN AMOUNT OF $7,500 WHEREAS, the Community Development Commission of the City of National City (CDC) is implementing the National City Redevelopment Plan, including the improvements to Bay Marina Drive; and WHEREAS, on March 6, 2007, the City Council adopted Resolution No. 2007- 38, which approved an agreement with Rick Engineering Company for engineering services related to improvements to Bay Marina Drive; and WHEREAS, it has been determined that Caltrans right-of-way extends westerly on Bay Marina Drive, which denies access rights to the proposed driveway to the Marina Gateway Hotel from Bay Marina Drive; and WHEREAS, to meet the deadline of the hotel grand opening, a decertification of the State right-of-way is required by Caltrans to gain access to the Marina Gateway Hotel from Bay Marina Drive; and WHEREAS, additional engineering services will be required to create decertification documents and exhibits to reopen approximately 45 feet of access controlled right-of-way adjacent to the main hotel driveway on Bay Marina Drive; and WHEREAS, the cost for fees and services for Rick Engineerig to complete the decertification documents and exhibits is $7,500; and WHEREAS, the authorized contingency amount of $44,850 with Rick Engineering Company will be surpassed, bringing total amount for services rendered to $52,350. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute the First Amendment to Agreement with Rick Engineering Company to create decertification documents and exhibits for decertification of Caltrans right-of-way on Bay Marina Drive in the amount of $7,500. Said Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of Feb ry, 7008. Ron frison, Chairman ATTEST:- APPROVED AS TO FORM: Secretary George Eiser, III, Legal Counsel Passed and adopted by the Community Development Commission of the City of National City, Califomia, on February 5, 2008, by the following vote, to -wit: Ayes: Commissioners Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Morrison. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission Secretary, development Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-29 of the Community Development Commission of the City of National City, Califomia, passed and adopted on February 5, 2008. Secretary, Community Development Commission By: Deputy Caoo6- a5 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE February 5, 2008 AGENDA ITEM NO. 41 (-ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE FIRST AMENDMENT TO AGREEMENT WITH RICK ENGINEERING COMPANY TO PROVIDE ADDITIONAL SERVICES RELATED TO BAY MARINA DRIVE IMPROVEMENTS FOR AN AMOUNT OF $7,500 Colby Young PREPARED BY DEPARTMENT k(e4‘ Redevelopment Project Manager (Ext. 7) EXPLANATION Rick Engineering Company is the primary engineer for all work related to the Bay Marina Drive improvements and the design of the Marina Gateway Hotel. Rick Engineering has been working closely with Caltrans to obtain all permits necessary to complete the Bay Marina Drive improvements and the Marina Gateway Hotel. Rick Engineering Company has an extensive knowledge of the project history and requirements for both aforementioned projects. The decertification process could take approximately one year to complete but will likely be shorter (Meeting Notes, Attachment 1). Rick Engineering has agreed to complete all documents required by Caltrans for the decertification process. Rick Engineering's fee for completing the decertification process is $7,500 (Contract Addendum, Attachment 2) Environmental Review N/A Financial Statement Authorized contingency amount is $44,850. Total amount after approval of Amendment is $52,350. Approved By: Finance Director Account No. 900821 STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 'Ie."' ay 1. Rick Engineering & Caltrans Meeting Notes 2. Rick Engineering Contract addendum 3. Agreement A-200 (9/99) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 February 14, 2008 Mr. John Goddard Assistant Vice President Rick Engineering Company 5620 Friars Road San Diego, CA 92110-2596 Dear Mr. Goddard, On February 5th, 2008 Resolution No. 2008-29 was passed and adopted by the Community Development Commission of the City of National City, authorizing execution of first amendment to agreement with Rick Engineering Company. We are forwarding for your records a certified copy of the above Resolution and a fully executed original agreement. Michael R. Dalla, CMC City Clerk Enclosure cc: Community Development Commission ® Recycled Paper