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)
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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
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