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HomeMy Public PortalAbout2013.034 (03-05-13) RESOLUTION NO. 2013.034 A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL AUTHORIZING GANNETT FLEMING TO USE THE STATE WATER RESOURCES CONTROL BOARD (SWRCB), EMERGENCY, ABANDONED, & RECALCITRANT (EAR) PROGRAM PHASE II FUNDS IN THE AMOUNT OF $349,109 TO CONTINUE CONDUCTING CORRECTIVE ACTION AT THE PETROLEUM UST SITE LOCATED AT 11600 LONG BEACH BOULEVARD AND AMEND CURRENT AGREEMENT TO REFLECT A TOTAL CONTRACT AMOUNT OF $1,327,438 WHEREAS, the State Water Board, Emergency, Abandoned & Recalcitrant (EAR) Account Program provides funds to approved regulatory agencies to investigate and remediate contamination caused by leaking petroleum underground storage tanks (USTs); and WHEREAS, on January 18, 2011, the City approved award funds for a first phase budget in the amount of $999,983 from the EAR program; and WHEREAS, on May, 22, 2011, Gannett Fleming entered into an Agreement with the City to conduct corrective remediation action at said location using $978,329 of the City's awarded EAR Program funds and has worked diligently to stay on schedule making substantial progress in remediating the site; and WHEREAS, on January 15, 2013, the City received notice that the second phase of funding was now available and has been authorized to receive an additional $352,883 for continued remediation efforts; and WHEREAS, the Phase I EAR funds must be expended by September 14, 2013 and the Phase II funds must be expended by December 31, 2013; and WHEREAS, in order to continue progress and not delay the remediation project, an amended contract with Gannett Fleming for use of the second phase of EAR funding is needed in order for the funds to be used; and WHEREAS, pursuant to Section 2 ("Term of Agreement") of said Agreement, City Manager or City Council may extend the original Agreement if additional EAR funds are awarded the City; and WHEREAS, the amendment will allow Gannett Fleming to continue conducting corrective action at the petroleum UST site located at 11600 Long Beach Boulevard; and WHEREAS, the amended contract will combine the Phase I allocation of $978,329, and a Phase II allocation of$349,109 totaling a sum of $1,327,438. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. That the City Council hereby approves the amendment of Gannett Fleming's original Agreement approved by this Council and in a form to be approved by the City Attorney to continue conducting corrective remediation action at the petroleum UST site located at 11600 Long Beach Boulevard. Section 2. The City Council directs the Finance Department to make the appropriate adjustment to the budget to reflect the additional $349,109 in EAR funds in Gannett Fleming's contract. Section 3. The City Manager or his designee is hereby authorized to take necessary steps, including the execution of amendments and agreements with Gannett Fleming to undertake duties outlined in the scope of work under the SWRCB Agreement No. 2, subject to the amount appropriated for this purpose of $349,109 and reflect a total amount awarded to date of $1,327,438. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this Stn day of March, 2013. tit Salvador Alatorre, Mayor ATTEST: Ala Maria Quinonez, City Clerk Roger L. Hale ''ity Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: l/ t t Fred Galante, City Attorney SaYa_101.g:"nz ithers, Director Community Development STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 5th day of March, 2013. AYES: COUNCIL MEMBERS CASTRO, SANTILLAN-BEAS, MORTON, AND RODRIGUEZ NOES: NONE ABSENT: NONE ABSTAIN: COUNCIL MEMBER ALATORRE L '.,_: �1 Maria Quinonez, City lerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2013.034 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 5th day of March, 2013. Maria Quinonez, City Jerk