HomeMy WebLinkAbout2014 CON E2 ManageTech - Westside Infill Transit Oriented Development (WI-TOD) - Mitigation Plan - Amendment #1FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
E2 MANAGETECH, INC.
This First Amendment to the Agreement is entered into this 18th day of
November 2014 by and between the City of National City, a municipal corporation
("CITY"), and E2 Manage Tech, Inc., a corporation (the "CONSULTANT").
RECITALS
WHEREAS, the CITY and the CONSULTANT entered into an agreement on
December 3, 2013, ("the Agreement") through the adoption of City of National City
Council Resolution No. 2013-185, wherein the CONSULTANT agreed to provide
environmental engineering services and project management for remediation of the
WI-TOD site located at 2100 and 2020 Hoover Avenue.
WHEREAS, the original Agreement had a not to exceed amount of $120,000
and an expiration date of December 2, 2014; and
WHEREAS, the parties desire to increase the not -to -exceed amount by
$300,000, consistent with the scope of services and costs summarized in Exhibit A-1
to this Amendment, for a total Agreement amount of $420,000; and
WHEREAS, the parties also desire to extend the expiration date of the
Agreement one year to December 2, 2015.
AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement
entered into on December 3, 2013 as follows:
1. Increase the not -to -exceed amount by $300,000, for a total Agreement amount
of $420,000.
2. Extend the expiration date of the Agreement one year to December 2, 2015.
3. The parties further agree that each and every term and provision of the
Agreement dated December 3, 2013, shall remain in full force and effect.
<signatures on next page>
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY E2 MANAGETECH
B
Ron Morrison, Mayor
PPROVED AS TO FORM:
audia, Ga itua Silva
City Attorney
By:
2
J Moe -Reynolds
C O and Principal
ryl He ndez, P.E.
ice President and Principal
FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
E2 MANAGETECH, INC.
This First Amendment to the Agreement is entered into this 18th day of
November 2014 by and between the City of National City, a municipal corporation
("CITY"), and E2 Manage Tech, Inc., a corporation (the "CONSULTANT").
RECITALS
WHEREAS, the CITY and the CONSULTANT entered into an agreement on
December 3, 2013, ("the Agreement") through the adoption of City of National City
Council Resolution No. 2013-185, wherein the CONSULTANT agreed to provide
environmental engineering services and project management for remediation of the
WI-TOD site located at 2100 and 2020 Hoover Avenue.
WHEREAS, the original Agreement had a not to exceed amount of $120,000
and an expiration date of December 2, 2014; and
WHEREAS, the parties desire to increase the not -to -exceed amount by
$300,000, consistent with the scope of services and costs summarized in Exhibit A-1
to this Amendment, for a total Agreement amount of $420,000; and
WHEREAS, the parties also desire to extend the expiration date of the
Agreement one year to December 2, 2015.
AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement
entered into on December 3, 2013 as follows:
1. Increase the not -to -exceed amount by $300,000, for a total Agreement amount
of $420,000.
2. Extend the expiration date of the Agreement one year to December 2, 2015.
3. The parties further agree that each and every term and provision of the
Agreement dated December 3, 2013, shall remain in full force and effect.
<signatures on next page>
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RESOLUTION 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 !NF!LL 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. Dall , City Clerk
PROVED AS. O FORM:
I. dia acltu: 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
� N a
Clerk of the City f
Nat
ional City, California
By:
Deputy
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
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
C 90\ 0 -'9 6
MEETING DATE: November 18, 2014
AGENDA ITEM NO. 18
ITEM TITLE:
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. Services are required to assist staff with obtaining
regulatory approvals and implementation of the Property Mitigation Plan for environmental remediation of the
Westside Infll Transit Oriented Development (WI-TOD) 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
PREPARED BY: Stephen Manganiello
PHONE: 336-4382
EXPLANATION:
See attached
DEPARTMENT: Engineering
APPROVED BY:
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
Funds available in account #001-409-500-598-1596 (WI-TOD Site Remediation)
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Adopt resolution
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. First Amendment to Agreement w/ Exhibit A-1
3. Resolution
QUICA
Explanation:
The Community Development Commission (CDC) of the City of National City selected
E2 ManageTech through a competitive Request for Qualifications process to provide
environmental engineering services and project management for remediation of the WI-
TOD site located at 2100 and 2020 Hoover Avenue. 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.
On December 3, 2013, per City Council resolution No. 2013-185, City Council
authorized 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. The decision to contract with E2 ManageTech
was based on their qualifications, competitive billing rates, intimate knowledge of the
project, and involvement in preparing the PMP.
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. E2 ManageTech was able to achieve conditional closures for the
east side by the deadline. However, 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);
• 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.
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. See Exhibit A-1 to the attached Amendment for a
detailed summary of project tasks and associated costs.
Exhibit A-1 to the attached Amendment also includes cost estimates to obtain individual
closures for the west side of Paradise Creek, which total approximately $138,000.
The total amount requested as part of Amendment No. 1, including change order work,
remaining east side work, proposal to obtain west side closures, and contingency, is
$300,000, which would result in a total Agreement amount of $420,000.
Based on E2 ManageTech's performance to date, competitive billing rates (which have
not been increased in over 7 years dating back to preliminary project work with the
CDC), familiarity with the project, and importance of providing consistent reporting and
open lines of communication with the City, developer and environmental regulatory
agencies, staff recommends 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 expiration date of the Agreement one year to
December 2, 2015.
FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
E2 MANAGETECH, INC.
This First Amendment to the Agreement is entered into this 18th day of
November 2014 by and between the City of National City, a municipal corporation
("CITY"), and E2 Manage Tech, Inc., a corporation (the "CONSULTANT").
RECITALS
WHEREAS, the C.ITY and the CONSULTANT entered into an agreement on
December 3, 2013, ("the Agreement") through the adoption of City of National City
Council Resolution No. 2013-185, wherein the CONSULTANT agreed to provide
environmental engineering services and project management for remediation of the
WI-TOD site located at 2100 and 2020 Hoover Avenue.
WHEREAS, the original Agreement had a not to exceed amount of $120,000
and an expiration date of December 2, 2014; and
WHEREAS, the parties desire to increase the not -to -exceed amount by
$300,000, consistent with the scope of services and costs summarized in Exhibit A-1
to this Amendment, for a total Agreement amount of $420,000; and
WHEREAS, the parties also desire to extend the expiration date of the
Agreement one year to December 2, 2015.
AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement
entered into on December 3, 2013 as follows:
1. Increase the not -to -exceed amount by $300,000, for a total Agreement amount
of $420,000.
2. Extend the expiration date of the Agreement one year to December 2, 2015.
3. The parties further agree that each and every term and provision of the
Agreement dated December 3, 2013, shall remain in full force and effect.
<signatures on next page>
-1-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
E2 MANAGETECH
By:
-2-
ie Moe -Reynolds
CFO and Principal
aryl Hernandez, P.E.
Vice President and Principal
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RESOLUTION NO. 2014 —
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 —
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.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
Ron Morrison, Mayor
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950
619-336-4228 phone / 619-336-4229 fax
Michael R. Dalla, CMC - City Clerk
E2 MANAGETECH, INC.
Amendment #1
Property Mitigation Plan — WI-TOD Project Site
Judy Hernandez (Engineering) Forwarded Copy of
Amendment to E2 ManageTech