HomeMy WebLinkAbout2009 CON CDC Pacific Municipal Consultants - Amendment #1 EIR Enterprise Zone1
FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AND PACIFIC MUNICIPAL CONSULTANTS
THIS FIRST AMENDMENT (this "Amendment") is entered into as of the
Seventeenth (17) day of March, 2009, by and between the COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY (the "CDC"), and PACIFIC
MUNICIPAL CONSULTANTS (the "Consultant").
RECITALS
WHEREAS, the CDC and the Consultant entered into a certain Agreement dated as of
7TH day of September, 2006 (the "Agreement") pursuant to which the CDC employed the
Consultant to provide the Environmental Impact Report required by the State of California for
the final designation of the San Diego Regional Enterprise Zone (SDREZ); and
WHEREAS, the City of San Diego had previously agreed via a separate agreement to
fund 80% of the cost of the Environmental Impact Report, which amount has been paid; and
WHEREAS, due to extra staff work by Consultant to respond to City of San Diego
related written comments concerning the Environmental Impact Report, the costs increased by
$12.200; and
WHEREAS, the City of San Diego has agreed by separate agreement to pay for the
additional $12,200 cost; and,
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING PREMISES
AND OTHER VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY
OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO, FOR
THEMSELVES AND THEIR SUCCESSORS AND ASSIGNS, DO MUTUALLY AGREE
AS FOLLOWS:
1. Scope of Services. Section 2 of the contract with Consultant dated September 7, 2006
specifies the scope of services. This Amendment specifies additional work to be performed by
Consultant for CDC at specified hourly rates, which work and rates are detailed in Exhibit B,
attached hereto and incorporated by reference.
2. Consultant's Compensation. Section 4 of the contract with Consultant dated September
7, 2006, addresses compensation. This Amendment authorizes the payment of an amount not to
exceed $12,200, increasing the "not to exceed" amount from ninety-one thousand ($91,000) to
one -hundred three thousand two hundred dollars ($103,200) for all services, including the
services which are the subject of this Amendment. Payment from the CDC to the Consultant for
this additional work shall not be due prior to thirty (30) days from the time payment is made to
CDC from the City of San Diego for this same amount.
3. The parties agree that with the foregoing exception, each and every term of the
Agreement shall remain in full force and effect. In the event of any conflict between the
1
provisions of this Amendment and the provisions of the Agreement as amended by the
Amendment, the provisions of this Amendment shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Agreement as of the date and year first above written.
COMMUNITY DEVELOPMENT COMMISSION PACIFIC MUNICIPAL
OF THE CITY OF NATIONAL CITY
By:
Chairman
APPROVED AS TO FORM:
George H. Eiser, III, Legal Counsel
CONSULTANTS
By:
Name:
?r eS ;
Title
WITNESS/ATTEST:
By:
421uti-G 1, L
2
San Diego Regional Enterprize Zone EIR
Budget Augmentation for Preparation of Final EIR
September 8, 2008
EXIIIBIT B
Task
Description
PROJECT
DIRECTOR
K.Grant
$130
PROJECT
MANAGER
L.Davison
$115
ENV.
PLANNERS
P. Rosier
$75 _
GIS
STAFF
$80
ADMIN
STAFF
$65
OUTSIDE
DIRECT
COSTS
Totals
I. Prepare Addendum
Project
Totals
Incorporate remaining
comments for F IR
1
20
4
1
4
0
30
$130
$2,300
$300
$80
S260
$50
$3,120
Preparation of Notices
Findings & Resolutions
0
4
4
0
2
0
10
$0
$460
$300
$0
S130
$20
$910
Project Hours
1
24
8
1
6
(1
40
Total Level of Effort -
$130
$2,760
$600
$80
$390
$70
$4,030
Contract Modification Request 3/10/08
Contract Modification Request to incorporate remaining edits to FEIR
Contract Modification Request 6/19/08
Printing Charges for 26 copies of Final EIR on 7/11/08
Contract Modification Request 9/8/08 Total of all Contract Mod Requests
$6,906
$4,030
$10,936
$1,264
$12,200
RESOLUTION NO. 2009 — 59
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CHAIRMAN TO EXECUTE A FIRST
AMENDMENT TO AGREEMENT WITH PACIFIC MUNICIPAL
CONSULTANTS IN THE NOT -TO -EXCEED AMOUNT OF $12,200
FOR ADDITIONAL STAFF TIME TO COMPLETE THE EIR PROCESS
WHEREAS, in August 2006, the City of Chula Vista, the City of San Diego, and
the City of National City, (collectively the "Partners" or "Partnership"), entered into a
Memorandum of Understanding ("MOU") to identify the Partnership and its intended goals, and
to allocate financial responsibility for those consulting services necessary for the submittal of the
application ("Application") to the California Housing and Community Development Department
("HCD") for designation of a San Diego Regional Enterprise Zone ("SDREZ"); and
WHEREAS, on June 19, 2007, the Community Development Commission of the
City of National City ("CDC") adopted Resolution No. 2007-139, approving an Agreement with
Pacific Municipal Consultants in the amount of $91,000, of which CDC was responsible for
paying 20% of the costs (not -to -exceed $18,200), and the City of San Diego was responsible for
paying 80% of the costs (not -to -exceed $72,800), for professional services to prepare and
submit an Environmental Impact Report (EIR) to the California Housing and Community
Development Department; and
WHEREAS, an amendment to the original agreement in the not -to -exceed
amount of $12,200 is necessary due to the additional time needed to respond to the City of San
Diego's related public comments concerning the EIR, and the City of San Diego has agreed to
pay for the additional $12,200.
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 between the Community Development Commission of the City of
National City and Pacific Municipal Consultants in the not -to -exceed amount of $12,200, to be
paid by the City of San Diego, for a total agreement cost of $103,200.
PASSED and ADOPTED this 17th day of March, 2
R. Morrison, Chairman
ATTES
Brad on, Secretary
APPROVED AS TO FORM:
George H. riser, III
City Attorney
Passed and adopted by the Community Development Commission of the City of
National City, California, on March 17, 2009, by the following vote, to -wit:
Ayes: Commissioners Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secret
nity Development Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-59 of the Community Development Commission of the City of
National City, California, passed and adopted on March 17, 2009.
Secretary, Community Development Commission
By:
Deputy
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
23
Now MEETING DATE March 17, 7009 AGENDA ITEM NO.
/�EM TITLE
/ Resolution of the Community Development Commission (CDC) of the City of National City Authorizing the
Executive Director to execute the First Amendment to Agreement by and between the Community Development
Commission of the City of National City and Pacific Municipal Consultants (PMC) increasing the original
agreement by $12,200 from $91,000 to $103,200 for additional staff time to complete the EIR process
PREPARED BY
Alfredo Ybarra (ext. 4279
Community Development Manager
DEPARTMENT
Community Development, Housing and Grants Division
EXPLANATION
On June 19, 2007, the CDC of National City approved a contract with PMC for $91,000 to provide the
Environmental Impact Report (EIR) required by the State for the final designation of the San Diego Regional
Enterprise Zone (SDREZ). The City of San Diego had agreed to fund 80% of the cost, not to exceed $72,800, and
the CDC of National City had agreed to fund 20% of the cost, not to exceed $18,200. To date, the City of San Diego
has reimbursed the City of National City for the actual contract cost of $72,799.73.
Due to extra staff work by PMC to respond to City of San Diego related written comments concerning the EIR, the
costs increased by $12,200 for a total cost of $103,200. As a result, the City of San Diego has agreed to pay for the
additional costs of $12,200 (see related item).
This amendment to agreement between the CDC and PMC increases the total contract amount to $103,200 for the
DREZ EIR process. There are no additional costs to the CDC in relation to this . ended agree ent.
1
Environmental Review N/A Approved By:
nance ' 'rector
Financial Statement There is no fiscal impact associated with this request.
STAFF RECOMMENDATION Adopt resolution
rATTACHMENTS
7 1. Background Report
2. Agreement
3. Resolution
Resolution No.
A-200 (9/80)
40. RNIA..''" "
q,.1887 �
INCORP'OR Ar
Office of the City Clerk
Pacific Municipal Consultants
Amendment #1
Economic Impact Report Process
Alfredo Ybarra (Housing & Grants)
Forwarded Copy of Change Order to Consultant
1243 National City Blvd., National City, CA 91950
619-336-4228 phone • 619-336-4229 fax