09-07-2004 CC RPT 10 - Laserfiche WebLink

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People Serving People CITY OF RIVERSIDE AGENCY MEMORANDUM ILiverside ~lI-America Cit~ HONORABLE MAYOR AND AGENCY MEMBERS DATE: September 7, 2004 ITEM NO: 10 SUBJECT: APPROVAL OF A WAIVER OF THE PROFESSIONAL CONSULTANT SELECTION PROVISIONS AND A PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC EDGF ENGINEERING INC. TO COMPLETE THE PHASE II ENVIRONMENTAL ASSESSMENT FOR THE PROPERTY AT 2871 UNIVERSITY AVENUE - UNIVERSITY CORRIDOR/SYCAMORE CANYON REDEVELOPMENT PROJECT AREA BACKGROUND: In January 2004, the Agency Board reviewed the benefits of utilizing the Polanco Redevelopment Act (Polanco) to render Brownfield sites developable and adopted a resolution authorizing its use within redevelopment areas. Through the Polanco Act, the Agency may compel a property owner to perform site assessment, prepare a remediation plan, and complete any required site clean up. In the event the owner is unwilling or otherwise unable to complete the work, the Agency may then complete the work at the owner's expense. The Polanco Act is enforced in circumstances in which the responsible party does not comply with the Agency's notice, and it is reasonably believed that environmental contamination exists at the property that is impeding development. In March 2004, the Agency authorized action under the Polanco Act for property at 2871 University Avenue, at the corner of Park Avenue, formerly known as Ken's Arco. The underground fuel tanks had been removed by a former owner, but the remediation was r~ever completed. The current owner, Mr. Hernandez, was found to be the responsible party and was notified to initiate additional site assessment. CURRENT ISSUE: In July 2004, the owner contracted with Pacific Edge Engineering, Inc., (Consultant) to conduct a soil investigation. The investigation confirmed subsurface contamination at the property to a depth of 104 feet, and recommended further investigation to determine its full extent. The Regional Water Quality Control Board supervised the work and believes that there is a strong likelihood of ground water contamination. The estimate for the additional testing is $49,750, and Mr. Hernandez is not able to move forward. In recognition of this and the Agency's authority under Polanco, staff recommends that the Agency step in to complete the Phase II site assessment. Due to the Consultant's particular expertise, familiarity with the property and the Water Board's requirements, staff requests that the Agency waive the professional consultant selection provisions (policy number 11-4) and approve the attached Professional Services Agreement with the Consultant on a sole source basis to complete the investigation. The sole source selection is a savings in time and expenses that are in the best interest of the community. Agency staff has confirmed that costs for monitoring well installation and engineer's wages are typical of the industry. The cost of the investigation is $49,750, and can be recovered through a recorded lien against the property. Work to be completed by the Consultant as part of the agreement includes the following: · Preparation of a Subsurface Investigation Work Plan; · Soil Sampling and Well Installation; · Groundwater Well Development and Sampling; · Data Analysis; · Preparation of a Subsurface Investigation Report that details the results of the Phase II Site 10-1