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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> 1 e 8 8 ;888888888 8 gg gg g8 g 88 88 88 8 888 "888 888 8888 NNON "WTI rg8N88888 S 088888888888888888888888888888 lYP Umts/Hrs Coa� U4taIHrs Cost[ UnitsIHrs Cost Unka/Hrs Cost 88888888 = 8 000000081881888g 2100 Hoover Ave. AOC-02 08888888888888888888888888888 88888888 8 0880888818818888 2020 Hoover Ave. AOC-04 12K UST Unks/Hrs Cost $2,592 $11,942 888808888880088888880080808 88888888 0 08888888888880880 AOC-01, 02, 6 8 Excavation Air Mo Morin Units/Hrs Cost 8688888888888888888888888888 88888888 _ = $ 88 oo 08888888888888d8 EastSlde Site -Wide Closure Report A Risk Assessment Unks/Hrs Coat 00888888888888888888888888888 S88888888 00 0 00 008iE888888888880 AOC-05 Closure Report UnitsiHrs Cost] ..Zoo§g88gszatt8go8E888i8g88818� ttt N9NN 01 88881858 80.0 $10,720 Units/Hrs Cost 6 00�o���s$s8o8o8 AOC-06 Site Investigation Units/Hrs Cost 88 .1uNoBm8nmg8ffi8BS8N88s§8s888ffiffi 88 PPP!!! 8 « n« 00805s 0 80.0 610,720 Units/Hrs Cost «« 000000000000008H AOC.07 Investigation Units/Hrs Cos[ 8 80 000000 0 n88gg gggg8888888888888g888 o�:. 0 o o 88881858 u o 8 0 o88888888g888888g AOC-06 Remediation Oversight Units/Hrs Cost' $12,636 $22,226 8 888888 m 88ggggdg8888888888888g8880 UnItslHrs Cost - 8881858 76.0 88,340. UMtslHrs Cost & 0888888888888888g AOC-07 Rem dlatlon Oversight Unit /Hrs Cost 808888888o00000000000000000002:-88888888 .'_ s2 IIs0O HR1WU 4 092615 O'2Lt o 0 00 0888 888888888898 Reporting 3 AOC Closure for West Side UnkslHrs Cost NV4tNNNNti000N0........... 8888 r 0888888088888 88 8 8 �088888888 888888888888888888888888888 000000000oo 88888 88888888 oRiW0000Noon bbbbbbbObbb . PP8 88 8588g8888§88§00 88888888888888888 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 I:ru (g2= 3m V.E 5 9 y �� Lq 3% 2e 3 f' 30 r R z o “ m ' �°4 RNmba SaWe Expenses Cost Subtotal SCONTRACTORS ... _ RATE uRsod la a wee W.4M4H IS.4Pe7,74;aO WM 4 AosIS uolNnpoldaM pwunso0 aanoH ul NM alsaM Snop�eZtH aad wag lad 401 PN!d (oi lad) puosmd aeeauw eue <.n.w. 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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