HomeMy Public PortalAbout2014.055 (04-01-14)RESOLUTION NO. 2014.055
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 FUNDS IN THE AMOUNT OF $195,000 AND REIMBURSEMENTS IN
THE AMOUNT OF $66,900 FROM THE UNAPPROPRIATED BROWNFIELD FUNDS
FOR WORK PERFORMED DIRECTLY RELATED TO TARGETED LYNWOOD
BROWNFIELD SITES AND TO CONTINUE CONDUCTING CORRECTIVE ACTION
AT THE PETROLEUM UST SITE LOCATED AT 11600 LONG BEACH BOULEVARD
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 May, 22, 2011, Gannett Fleming, entered into an Agreement with
the City to conduct corrective remediation action at said location using the City's
awarded EAR Program funds and has worked diligently to stay on schedule making
substantial progress in remediating the site; 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, on February 27, 2014, the City received notice that Lynwood was
preauthorized to receive $197,994 for continued remediation efforts and on March 18,
2014, the `City adopted a resolution approving the award and authorized the use of the
funds at said location. This accounts for the $195,000 for Consultant to continue
remediation and $2,994 for City to monitor and administration; and
WHEREAS, in order to continue progress and not delay the remediation project,
an amended contract with Gannett Fleming for use of the EAR fund allocation is
required in order for the funds to be used; 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, Gannett Fleming has also provided support data and technical
assistance to our litigation team and prepared critical remediation data for the City
outside their original scope of work that will allow the City to move forward with
remediation efforts at other highly contaminated project sites to make it possible to
recover funds for remediation; and
WHEREAS, the additional sampling reports and work performed by Gannett
Fleming that fell outside of the agreed upon scope of services was imperative in order to
secure the needed data which identifies contamination, its magnitude and most
importantly, the source; and
WHEREAS, the total to be reimbursed for assisting in the asset recovery efforts
from responsible parties at 11600 Long Beach Boulevard and additional remediation
data for the Alameda Triangle Area is $66,866.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the City Council hereby approves the second amendment of
Gannett Fleming's original Agreement approved by this Council 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 $195,000 in EAR funds for
Gannett Fleming's contract.
Section 3. The City Council hereby approves and direct finance to execute a
fund transfer in the amount of $66,866 from the unappropriated fund balance of
Brownfield revenue account # 3561.75.32151 to Brownfield expenditure account #
3561.75.831.62015 to reimburse Gannett Fleming for the additional reports and work
performed that fell outside of the intended agreed upon scope of services at 11600
Long Beach Boulevard and the Alameda Triangle Area.
Section 4. The City Manager or his designee is hereby authorized to take
necessary steps, including the execution of amendments and or agreements with
Gannett Fleming to undertake duties outlined in the scope of work under the SWRCB
Agreement No. 3, subject to the amount appropriated for this purpose of $195,000.
Section 5. This Resolution shall become effective immediately upon its
adoption.
PASSED, APPROVED and ADOPTED this 1St day of April, 2014.
Aide C stro, Mayo
ATTEST:
d
Maria Quinonez, City ClerE
APPROVED AS TO FORM: APPROVE A TO CONTENT:
David A. Garcia, City Attorney Sarah M. W' ity Manager
aulls,\Pxaj6-ct Manager
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 1St day of April, 2014.
AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE,
HERNANDEZ AND CASTRO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
C f"
Maria Quinonez, City Clerk
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. 2014.055 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 1St day of April, 2014.
Maria Quinonez, City Clerk