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HomeMy Public PortalAbout2022.251 (08-16-22) RESOLUTION NO. 2022.251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING THE THIRD AMENDMENT TO A PROFESSIONAL SERVICE AGREEMENT WITH RAMBOLL TO EXTEND THE TERM OF THE AGREEMENT AND INCREASE THE ALLOCATION TO A NOT TO EXCEED AMOUNT OF $4,387,4920 FOR ENVIRONMENTAL SERVICES RELATED TO THE SCOPE OF WORK OUTLINED IN THE DEPARTMENT OF TOXIC SUBSTANCE CONTROL — EQUITABLE COMMUNITY REVITALIZATION GRANT (DTSC-ECRG) AT PROPERTY LOCATED AT AND AROUND 11600 LONG BEACH BOULEVARD BASED ON THE AWARD AND CONTRACT OF THE DTSC-ECRG GRANT; AND, ALLOCATE AN APPROPRIATION FROM THE 11600 LONG BEACH DTSC-ECRG ACCOUNT TO COVER COST OF SAID PROFESSIONAL SERVICE AGREEMENT WHEREAS, the City of Lynwood ("City") has been notified by the Regional Water Quality Control Board, Los Angeles Region ("RWQCB"),that corrective action must be taken by responsible parties to ensure protection of human health, safety, and the environment due to unauthorized releases of hazardous material into the groundwater and soil in the vicinity of 11600 Long Beach Boulevard ("Site"); and WHEREAS, in 2014, the City reached a settlement with responsible parties and the property owner of 11600 Long Beach Boulevard for purposes of addressing the contamination and acquired funds from said settlement necessary to undertake some of the costs of remediation required and City has expended the fund; and WHEREAS, on November 6, 2018 the City approved a Professional Services Agreements ("Agreement") with Ramboll ("Consultant") to provide environmental remediation services to the City including but not limited to advisory services, the design of pilot soil vapor extraction (SVE) system, which is necessary to determine the efficacy of an SVE system for remediation and will inform the Interim Remedial Action Plan ([RAP); and WHEREAS, the total amount of the for these Agreements were allocated from the 11600 Long Beach Boulevard Settlement account; and WHEREAS, on June 16, 2020, the City Council approved a First Amendment to the Agreement, which provided the first time extension; and WHEREAS, due to a number of issues including vandalism, insurance reimbursement for the damaged equipment, the project tasks were not completed by the expiration date; and 1 WHEREAS, on August 17, 2021 a Second Amendment was approved and ongoing environmental research and site review continued while the Consultant worked through a number of impediments as related to the permitting and startup activities of the system and the ongoing COVID-19 pandemic; and WHEREAS, the City in its efforts to remediate the site for future development initiated bi-weekly meetings with the RWQCB, DTSC, and Consultant commencing in Spring of 2020; and WHEREAS, in March 2022, the City, RWQCB, DTSC and Consultant developed and achieved conceptual agreement and direction on an outline for an interim remedial action plan for the non-source portion of the overall development site; and WHEREAS, in June, 2022 the City was awarded a Department of Toxic Substance Control — Equitable Community Revitalization Grant (DTSC-ECRG) in the amount of $4,874,991 to remediate the development site for the proposed market; and WHEREAS, the DTSC-ECRG grant has a twenty-four-month expenditure and completion schedule which commenced in June 2022; and WHEREAS, the City is required to act immediately and move forward, based on the DTSC-ECRG funding source to enter into a Third Amendment to the Agreement; and WHEREAS, the City desires to get back on track with the remediation activities; and WHEREAS, the Scope of Work described by the City in its DTSC-ECRG Grant includes services that Ramboll will perform, under the DTSC-ECRG contract grant requirements, on behalf of the City as the grant awardee which includes the cleanup portion of the awarded grant amount in the amount of approximately $4,387,991; and WHEREAS, Ramboll will follow the requirements of the DTSC-ECRG contract entered into by the City for the grant; and WHEREAS, in an effort to continue with the completion of the cleanup, development of the Site and to proceed with the tasks outlined in the Agreement's Scope of Work, it is critical for the continuance of the remediation at the Site and the furtherance of development activities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Lynwood hereby authorizes the appropriation of $4,387,492 of the $4,874,991 from the DTSC-ECRG Grant for 11600 Long Beach Boulevard for environmental remediation services as approved by and under the terms of the DTSC-ECRG Grant award to the City. 2 Section 2. The City Council of the City of Lynwood hereby authorizes the City Manager, or his designee, to take necessary steps, including the execution of the Third Amendment to the Agreement and other related documents with the Consultant to undertake the implementation of all related services under the Agreement's Scope of Work. Section 3. The City Council of the City of Lynwood authorizes, in a form approved by the City Attorney, a Third Amendment to the Agreement with Ramboll for a not to exceed amount of $4,387,492 for the period of June 22, 2022 to June 21, 2024, unless brought back to Council for an amendment and or extension. Section 4. The Fiscal Year 2022-23 Budget will be amended by appropriating funds from the appropriate DTSC-ECRG Fund for the Site. Section 5. This resolution shall become effective immediately upon its adoption. Section 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED, APPROVED and ADOPTED this 16rd day of August 2022. Jor ayor ATTEST: 7 Maria Quinonez, Cify Clerk APPROVED AS TO FORM APPROVED AS TO CONTENT Noel Tapia, City Attor y Ernie er andez, City Manager 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, Maria Quinonez, 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 meeting held on the 16t" day of AUGUST, 2022. AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM SOLACHE AND MAYOR CASANOVA NOES: NONE ABSENT : NONE ABSTAIN : NONE I Maria Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, Maria Quinonez, 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. 2022.251 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 16th day of AUGUST, 2022. (IL11-7 Maria Quinonez, City Clerk 4