HomeMy WebLinkAboutAgreementAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
E2 MANAGETECH, INC.
THIS AGREEMENT is entered into this 3rd day of December, 2013, by and between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and E2 Managetech, Inc., a
corporation (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide environmental
engineering services to implement a Property Mitigation Plan for development of the Westside
Infill Transit -Oriented Development, pursuant to 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 CITY has determined that the CONSULTANT is an environmental
engineering firm and is qualified by experience and ability to perform the services desired by the
CITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PAR'11ES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the
CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in
accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services shall be performed directly by the
CONSULTANT or under direct supervision of the CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT will perform services as set
forth in the attached Exhibit "A".
The CONSULTANT shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
"A" to keep staff and City Council advised of the progress on the Project.
The CITY may unilaterally, or upon request from the CONSULTANT, from time
to time reduce or increase the Scope of Services to be performed by the CONSULTANT under
this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services, not to exceed a factor of 25% from the
base amount.
1 City's Standard Agreement -201 1 revision
3. PROTECT COORDINATION AND SUPERVISION. Stephen Manganiello,
City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the
progress and execution of this Agreement. The CONSULTANT shall assign a single Project
Director to provide supervision and have overall responsibility for the progress and execution of
this Agreement for the CONSULTANT. Daryl Hernandez, P.E. thereby is designated as the
Project Director for the CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any. The
total cost for all work described in Exhibit "A" shall not exceed $120,000 (the Base amount)
without prior written authorization from the Project Coordinator. Monthly invoices will be
processed for payment and remitted within thirty (30) days from receipt of invoice, provided that
work is accomplished consistent with Exhibit "A", as determined by the CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONSULTANT in this
Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10)
business days, the CONSULTANT and the City shall each prepare a report which supports their
position and file the same with the other party. The City shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONSULTANT.
6. Efik,CTIVE DATE AND LENGTH OF AGREEMENT. This Agreement
will become effective on December 3, 2013. The duration of this Agreement is for the period of
December 3, 2013 through December 2, 2014.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY upon completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY'S prior authorization regarding
2 City's Standard Agreement -2011 revision
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S
written work product for the CITY'S purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section
14, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than what
was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT' S
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT'S employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONSULTANT and its employees, Neither this Agreement nor any
interest herein may be assigned by the CONSULTANT without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or
hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to
adhere to the applicable terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have
any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees,
except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or
employees are not in any manner agents, servants, or employees of the CITY, it being understood
that the CONSULTANT its agents, servants, and employees are as to the CITY wholly
independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely
such as are prescribed by this Agreement.
14. COMPLIANCE WITH APPLICABLE LAW. The C(JNSULI'ANT, in the
performance of the services to be provided herein, shall comply with all applicable state and
federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT and each
3 City's Standard Agreement —20 I. I revision
of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. The CONSULTANT represents and covenants that the
CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of
this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the CONSULTANT'S trade or profession currently practicing under similar
conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT'S employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this Agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONSULTANT'S professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONSULTANT has been retained to perform, within the time requirements of the CITY, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products,
materials, processes or treatments identified in the project documents prepared for the CITY are
reasonably commercially available. Any failure by the CONSULTANT to use due diligence
under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased
costs that result from the CITY'S later inability to obtain the specified items or any reasonable
substitute within a price range that allows for project completion in the time frame specified or,
when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition, The CQNSUL.TANT will take positive action to insure that applicants are
employee/ without regard to their age, race, rnlnr, ancestry, reii on, Rex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONSULTANT agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
4 City's Standard Agreement —Z41 t revision
14. CONFIDENTIAL INFORMATION. The C11 Y may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 14, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONSULTANT without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been
or is rightfully authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees
to defend, indemnify, and hold harmless the City of National City, its officers and employees,
against and from any and all liability, loss, damages to property, injuries to, or death of any
person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys'
fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by
anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent
performance of this Agreement.
The indemnity, defense and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act, or negligence
under this Agreement that occurred during the term of this Agreement.
16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of
the provisions of the Workers' Compensation insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar State or federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings, and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
5 City's Standard Agreement —2611 revision
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase
and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and
maintain throughout the term of this Agreement, the following checked insurance policies:
A. If checked, Professional Liability Insurance (errors and
omissions) with minimum limits of $1,000,000 per occurrence.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and
employees as additional insureds, and a separate additional insured endorsement shall be
provided.
C. Commercial General Liability Insurance, with minimum limits of
$2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property
damage arising out of its operations under this Agreement. The policy shall name the CITY and
its officers, agents and employees as additional insureds, and a separate additional insured
endorsement shall be provided. The general aggregate limit must apply solely to this "project" or
"location".
D. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If CONSULTANT has no employees subject to the California Workers'
Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said
Declaration shall be provided to CONSULTANT by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
G. Insurance shall_ be written with only California admitted companies that
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines insurers (LESLI list) and otherwise meet rating requirements.
H. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
6 City's Standard Agreement —2011 revision
I. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute
by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of
the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of
mediation shall be borne equally by the parties. Any controversy or claim arising out of, or
relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled
by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of
the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject matter of the
controversy. The expenses of the arbitration shall be borne equally by the parties to the
arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence
and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof
against a specified party as part of the arbitration award.
20. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day's written notice to the
CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
7 City's Standard ent -2011 revision
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said
written material shall vest in the CITY all rights set forth in Section 7.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a
reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONSULTANT.
21. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail, the business day following its deposit in such overnight mail facility, (iii) if
mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or
other like facility regularly maintained by the United States Postal Service, (iv) if given by
telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given
by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other
communication delivered or sent as specified above shall be directed to the following persons:
To CITY: Stephen Ivianganiello
City Engineer
Engineering Department
City of National City
1243 National City Boulevard
National City, CA 91950-4301
To CONSULTANT:
Daryl Hernandez, P.E.
Principal
12396 World Trade Dr., Suite 314
San Diego, California 92128
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
8 City's Standard Agreement —2011 revision
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONSULTANT has a financial interest as defined in Government Code Section 87103. The
CONSULTANT represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CII.Y for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the
CONSULTANT.
23. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wages rates apply to all public works contracts
as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3,
1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates
apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and
regulations.
24. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state, or legal holiday,
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
9 City's Standard Agreement —2011 revisior.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
1. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), ttie
parties shall be subject to the examination and audit of the State Auditor for a period of three (3)
years after final payment under the Agreement, per Government Code Section 8546.7.
J. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof, No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
K. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
L. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
10
City's standard Agreement —2011 revision
CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
E2 MANAGETECH, INC.
(Corporation — signatures of two corporate officers)
By:
Julie Moe -Reynolds
CFO and Principal
By:
Daryl Hernandez, P.E.
Vice President and Principal
11
City's Standard Agreement —2011 revision
EXHIBIT "A"
Scope of Work Outline
Property Mitigation Plan Approval & Implementation
Westside Infill Transit Oriented Development (WI-TOD) Project
2100 Hoover Avenue and 2020 Hoover Avenue
National City, CA
The following Tasks pertain to work associated with Areas of Concern (ADCs) located within Parcels 1
and 2 as defined by the developer (i.e., 2100 and 2020 Hoover Avenue). The goal! of this outlined
approach is to prioritize completion of Task 1— Case Closures for Underground Storage Tanks (UST) such
that the property mitigation plan (PMP) can be approved as soon as possible to allow for the removal
actions to be completed during March 2014 demolition/site preparation activities.
Task 1— Case Closures for USTs
2100 Hoover Avenue (AOC-02)
o Prepare Low Threat Closure Policy (LTCP) Checklist
(includes Conceptual Site Model [CSM])
o Regional Water Quality Control Board (RWQCB) to review and approve checklist
o RWQCB issue case closure letter
2020 Hoover Avenue (AOC-04)
o Prepare a Technical Memorandum Work Plan for AOC-04 describing the proposed field
procedures. Field procedures will be based on conference call with DTSC and RWQCB
held on October 30, 2013.
o Address five data gaps identified in LTCP letter.
Install three temporary monitoring wells in the vicinity of the former UST
• Collect three groundwater samples and analyze each for the presence of total
petroleum hydrocarbons (TPH) as gasoline and diesel, benzene, toluene,
ethylbenzene and xylene (BTEX), and oxygenates.
• Collect three soil samples from the Bioattenuation Zone and analyze these
samples for the presence of TPH-g, TPH-d, BTEX, and polycyclic aromatic
hydrocarbon PAH compounds.
o Develop a CSM for AOC-04 based on the results of the field investigation
o Prepare a Summary Report Memorandum forAOC-04 to describe the field activities and
observations and summarize the analytical results. The Summary Report Memorandum
will also include a revised 1TCP checklist,
Task 1 - Assumptions
o 2100 Hoover Ave
• Sufficient data exists for closing the case via LTCP
(i,e., no additional field data is needed or required by RWQCB).
• Results from the draft Supplemental Soil Vapor Survey (dated March 23, 2013)
will be incorporated into the LTCP checklist.
Proposed Scope of Work
Westside Infill Transit Oriented Development
November 8, 2013
o 2020 Hoover Ave
• RWQCB is currently reviewing the 29 August 2013 LTCP letter.
RWQCB has not closed the case file as was previously reported.
• Scope of work assumes that the recommended sampling strategy described in
the 29 August 2013 letter will be approved by RWQCB and as discussed during a
conference call held on October30, 2013.
RWQCB will accept a limited Work Plan Technical Memorandum rather than a
more traditional detailed Work Pian Document.
• If RWQCB requests for additional well and/or soil samples, a revised cost
estimate will be provided.
= Cost estimate includes one round of review comments from RWQCB.
® Field effort is based on the scope of work described in the 29 August 2013
letter, If RWQCB requests for additional data, the costs may change.
Task 2 — Supplemental Investigations
• AOC-08
o Revise Draft Supplemental Soil Vapor Survey report for submittal to the Department of
Toxic Substances Control (DTSC).
o Revised report will not include investigation efforts associated with AOC-02.
o The draft report will be submitted to DTSC for review.
o Cost includes addressing one round of comments from DTSC.
o Final report will incorporate DTSC's comments.
• AOC-03 Former 1,000-Gallon UST at 2020 Hoover Avenue
o Prepare Work Plan Technical Memorandum for AOC-03 per PMP agreement
o Soil Vapor Sampling Approach Described in PMP (i.e., 7 Probe Locations)
o Prepare and submit a Summary Memorandum to report findings of vapor survey
AOC-04 Former Oil Water Separator
o Incorporate with AOC-03 field investigation activities.
o Collect two soil samples at a depth below the invert of the former oil/water separator
(OWS)
o Incorporate findings in Summary Memorandum Report for AOC-03
• Task 2 Assumptions
o Field work associated with AOC-03 and -04 will be completed concurrently (Le.,
separate mobilizations will not be required).
o Soil samples associated with AOC-04 will be analyzed under standard turnaround time.
Task 3 — Groundwater Well Abandonment
• AOC-02 and -03 (i.e., 5 wells at AOC-02 and 4 wells at AOC-03)
o Prepare and obtain well abandonment permit from Department of Environmental
Health (DEH)
Page 2 of 5
Proposed Scope of Work
Westside Infill Transit Oriented Development
November 8, 2013
o City will waive any encroachment permits for wells located in sidewalk or Hoover
Avenue.
o Three field days will be needed to abandon all 9 wells.
o Total well footage totals 180 feet.
o Hot -patch asphalt repair is not included. If necessary, fees will be incurred at $750 per
location.
Task 4 — Develop Removal Action P`an/Specitication for AOC-08
• At AOC-08 two Hot Spot Areas Resulting from Supplemental Soil Vapor Survey
o Prepare Removal Action Technical Memorandum or Addendum to the PMP for DTSC to
review and approve.
o Two hot spot areas exist for AOC-08.
o Assist Project Professionals Corporation PPC with preparing bid specification to
implement Removal Action Technical Memorandum
o Removal Action Plan (RAP) will be completed by City's demolition or grading contractor
• Task 4 Assumptions
o DTSC will not require additional delineation sampling at the two Hot Spot areas
associated with AOC-08.
Task 5 — Coordinate Final Approval of PMP
® Finalize Categorical Exemption (for California Environmental Quality Act [CEQA] compliance). If
a public notice is warranted, cost estimate does not include expenses associated with
advertising the Categorical Exemption in local newspapers.
® Coordinate Public Review of PMP
o Assume limited public noticing (i.e., 2 newspapers).
o Mailers will not be required.
e Limited modification to the PMP per Public Comments (if warranted) is included.
Task 6 — Provide Technical Support During Remediation Bid Process
o Incorporate summary of PMP in bid specifications per PPC direction.
e Develop bid schedule of values for removal action -related activities to be included in bid
package
• Review relevant sections (i.e., sections related to PMP or removal actions) of the Bid Package
Prepared by PPC.
• Review and respond to requests for information submitted by potential bidders.
• Aliow one E2 representative (Daryl Hernandez) to attend 4-hour pre -bad meeting.
• For the purpose of this cost estimate, we have assumed a 40-hour level of effort for Daryl
Hernandez (Project Principal) to support PPC as required. As the required support services are
further defined by PPC, the level of effort may be adjusted accordingly.
Page 3 of 5
Proposed Scope of Work
Westside Infill Transit Oriented Development
November 8, 2013
Task 7— Removal Action Field Oversight
• AOC-01 Former Hydraulic Fluid Release Area
a Provide field rnonitor to oversee removal action by City Contractor (this includes
collecting and analyzing confirmation soil samples)
o Prepare AOC Closure Technical Memorandum.
• AOC-08 Hot Spot Areas
o Provide field monitor to oversee removal action by City Contractor (this includes
collecting and analyzing confirmation soil samples)
o Prepare AOC Closure Technical Memorandum.
• Task 7 Assumptions
o E2 will provide a qualified representative to monitor the removal action activities
conducted by the City's contractor,
o The E2 field monitor will only be on site while removal actions are being conducted
o The E2 field monitor will be responsible for collecting confirmation soil samples and
documenting the removal action activities.
o The E2 field monitor will be responsible for ensuring the removal action activities are
completed in accordance with the PMP or appropriate Removal Action Technical
Memoranda.
a For budgetary purposes it is assumed that the removal action activities would be
completed within 10 working days for 10 work hours each day.
o Based on the PMP and prior environmental studies, it is estimated that up to 14
confirmation soil samples will be collected during the removal action activities. Each
confirmation soil sample will be analyzed for TPH-carbon chain and volatile organic
compounds (VOC).
a Waste characterization samples will be collected in accordance with the receiving
facility Waste Discharge Requirements. For the purpose of this estimate, it is assumed
that four waste characterization soil samples will be collected. Each sample will be
analyzed for Total Metals (TTLCTest), TPH, VOCs, and polychlorinated biphenyls (PCB).
If additional analysis is required it will be billed at cost plus 8 percent markup.
Task 8— Reporting and AOC Closure
• Prepare Closure Report for AOCs-01, -02, -03, and -04
• Closure report will incorporate all data associated with the above listed AOCs.
The cost estimate does not include costs for E2's toxicologist (Dr. Heriberto Robles) to conduct a
site specific risk assessment. If the DTSC requires a site specific risk assessment rather than
comparing confirmation sample results with published risk threshold values, approximately 32
labor hours at $150 per hour will be required for Dr. Robles to complete site specific risk
assessment (total cost $4,800).
One electronic draft version of the Closure Report will be provided to DTSC and PPC for review
and comment.
Page 4 of 5
Proposed Scope of Work
Westside Infill Transit Oriented Development
November 8, 2013
• Costs allow for one round of comments from each DTSC and PPC to be incorporated into the
final document.
• One electronic and two hard copies of the final Closure Report will be provided to each DTSC
and PPC.
Page 5 of 5
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E2MANA1
OP ID: AG
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"�D CERTIFICATE OF LIABILITY INSURANCE
LMNUDENYVYY)
DAT06/0613
aa/os/13
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLIER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEO BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE HOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the palicy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on thls certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER 85B-452-2200
07Wat171Sor►entoe ►Valley Rd.ICes 658-462-6004
San Diego, CA 92121
WE insurance Services, Inc.
MAMEACT
218.144, Erl: {NC,iVoJ:
E-FRAIL
ADDRESS:
INSURER(8)AFFORDING COVERAGE
NAIL W
INSURER A: Hudson insurance Company
INSURED E2 ManageTech, inc
5000 E Spring St. #720
Long Beach, CA 90815
INSURER B :
INSURER
INSURER D :
INSURER is :
INSURER F :
COVERAGES.
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT
CERTIFICATE MAY BE ISSUED DR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY
THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
PAID CLAIMS.
INSR
LTR
TYPE
AODL
INe1Z,IQND
BUBl.
POLICY NUMBER
POLICY EFF
{MM/DDIYYYYI
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A
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIABILITY
X
ES81776-13.13-06
06/07/13
06/07/14
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EACH OCCURRENCE
$ 2,000,000
DAMAGE TO RENTED
PREM]SEB iEe oocunenrel
60 000
$ r
MEDEXP(Any oneperson)
$ 5,000
CLAIMS -MADE n OCCUR
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$ 2,000,000
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$ 2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,0001
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$
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LIABILITY
ANY AUTO
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NON OWNED
AUTOS
ESB1776-13-13.05
06/07/13
06/07/14
COMBINED BIf10LF LIMIT
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2 004 400
. $ r
BODILY INJURY PBrprari)
$
BODILY INJURY /Perecddent)
6
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(Pet accident}
$
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A
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UMBRELLA LIAB
EXCESS LAB
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CLAIMS -MADE
ESB 1776-20-13-06
06/07/13
06/07/14
EACH OCCURRENCE
$ 4,000,000
AGGREGATE
$ 4,000,00D
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! REMNTLON $
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AND EMPLOYERS' LIABILITYANY ' J N
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ESB1776-13-12.Th
ESB 1776-13-12-05
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06/07/13
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Per Claim 2,040,000
Per Cond 2,000,000
DESCRIPTION OF OPERATIONS f LOCATIONS J VEH ICLESSAtlnch ACORD 101_Additional Remarks Schedule If mere.mace ace is required)
riCLsrtbbKJr+NAL LIA13 Ku:ttU Mt; I kirt LOA i tr: 65762. k lie ALJilii IUNML ii'iil`ttij'i[,=US H m
LISTED PER THE ATTACHED "NOTE PAGE" WITH RESPECTS 70 GENERAL LIABILITY, BUT
ONLY WITN RESPECTS TO LIABBILITYARlSi>4G OIJT OF C 'ERAT:GI S OF THE NAMED
INSURED PERFORMED ON BEHALF OF THE CERT:FICATL HOLDER,
CANCELLATION
CMTYA T T
CITY OF NATIONAL CITY
C/O CITY ATTORNEYS OFFICE
1243 NATIONAL CITY BLVD
NATIONAL CITY, CA 91950
1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
/ 'ee"
ACORD 25 (2010/06)
0 7 985.2010 ACORD CORPORATION.. All rights reserved.
The ACORD name and logo are registered marks of ACORD
NOTEPAD:
HOLDER CODE CITYATT
INSURED'S NAME E2 ManageTech, Inc
E2MANA1
OP ID: AG
PAGE 2
DATE 06108/13
F_ 1T19LVAC C' IT1IONAL JNS REEDIWITH I E SWEV RAT O �TF E M � Y�D UT
E. 0R hEH LF OF IE DE TIFICATE HOLDER.
HUDSON CIALINSURANCE COMPANY
(A New Yo k i' D aaic 1 d
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Additional Insured (Amens, Lessees or Contractors
Automatic ament Endorsement
doe of the plug d, t baby wed n4:mod t the fallowing R ell
Paley IaTat ES 1776-13-13-05
Motto 0401 06/07/13
Ibis endorsement modifies ICISIIIIMCC provided e'er the applicable Policy coverage part(e)
Nat= of Person or Orgataitatiom
:hay paarse * ex ► + at (s) maxim the NAMED INSURED agreca, in a write COMMA, to
flak as &IXaddiriun intend, sb bodeemed+I INSURED, HOWCIA this ok4Lus oasts way [O
the project specified In that cocattact beat etniy via c t to that pay 1's Isar o nization'a
vicadom Bobby arising gut of ongoing eons performed for ibat additional ionized.
This endearment net apply tia the Enivizonmeneal Plawnioni LIMO dove. agc plot
Alf oq, name and coadMiaae she math theaasr.
Aislyst
ORIZED 1&141.13SENTATIVE
B B-QoM4109-27Q raga 1 of 1
ACC £
CERTIFICATE OF LIABILITY INSURANCE
DATE (M!NDDrYYYY)
09.1z-zo13
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),
AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,
subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not
confer rights to the certificate holder in lieu of such endorsement(s).
Lockton Companies, LLC
6847 San Felipe, Suite 320
Houston, TX 77057
'
L'ONTPRODUCER NAME: T
NAME:
PHONE
!Arc
E: 888-828-8365
AX
rA/C, No):
E-MAILIL
ADDRESS:
INSURER{S►AFFORDING COVERAGE
NAIC
NSURER-A: Ace American Insurance Co.
22887
INSURED
INSPERITY, INC. LICIF
E2 MANAGETECH, INC.
19001 CRESCENT SPRINGS DRIVE
!0NGWOOD, TX 77338
NSURER-B:
NSURER-C:
NSURER-D:
NSURER-E:
NSURER-F:
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN
S
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LT
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TYPE OF INSURANCE
Awx
INSR
sue
R
WV
0
POLICY NUMBER
POLICY EFF
(MMIDDJYYYY)
'OUCY EXP
(MM!DDIYYYY)
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GENERAL UABIUTY
EACH OCCL.RRENCE
$
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$
;OMMERCIAL GENERAL LIABILITY
r'LAIMS
MADEOCCUR
MEDEXP{Any one person)
$
PERSONAL &ADV INJURY
$
GENERAL AGGREGATE
$
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$
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PROFESSIONALLIA31LrTY
$
j
'POLICY
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COMBINED SINGLE UMIT
(Ea accident)
$
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$
ANY AUTO
BODILY INJURY (Per accident)
$
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AUTOS
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(Per accident)
$
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$
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YIN
NIA
C4791422A
1010112013
1010112014
STATU-
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I
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E.L. EACH ACCIDENT
$ 1,000,06(1
OFFICERlMEMBER EXCLUDED? i
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
(MANDATORY IN NH)
If yes, describe under
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
pESCRIPTIONOFOPERATIONS below
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES (Attach Acord 1e1, Addtdonal remarks Schedule, If more space Is required)
RE: Consulting Services
CERTIFICATE HOLDER
CANCELLATION
City of National City
CIO City Attorneys Office
1243 National City Blvd
National City, CA 91150
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS
AUTHORIZED REPRESENTATIVE
26 (2010/05) The ACORD name and logo are registered marks of ACORD
Acct#: 1170926
AC�RQ�
CERTIFICATE OF LIABILITY INSURANCE
DATE(MMMDDtYYYY)
09.12-2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),
AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies} must be endorsed. If SUBROGATION IS WAIVED,
subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not
confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Lockton Companies, LLC
5847 San Felipe, Suite 320
Houston, TX 77057
CONTACT
TAME:
PHONE
'NC
888-826-8365
FAX
AIC, No);
E-MAIL.
ADDRESS:
I:vSUREIIId2 AFFORDING COVERAGE
NAIC
INSURER -A: Ace American Insurance Co.
22657
INSURED
INSPERITY, INC. L/C/F
E2 MANAGETECH, INC.
19001 CRESCENT SPRINGS DRIVE
KINGWIOOD, TX 77339
INSURER-0:
INSURER-C:
INSURER -II:
INSURER-E:
INSURER-F:
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO LIMICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOUVN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN
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TYPE OF INSURANCE
APOL
INSR
SUB
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POLICY NUMBER
POLICY EFF
(MrAIDDiyYYY)
POLICY EXP
(MM/DDtYYYY1
LIMITS
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EACH OCCURRENCE
$
DAMAGE TO RENTED
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
MED EXP (Any one person)
$
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MADE
n
OCCUR
PERSONAL & ADV INJURY
$
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$
PRODUCTS — COMP/CP AGG
$
GEN'L AGGREGATE LIMIT APPLIES PER:
PROFESSIONAL LLAEILITY
$
PRO-
IPOLICY In JECT n LCC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
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$
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$
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$
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NON -OWNED
AUTOS
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$
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EACH OCCURRENCE
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$
EXCESS LIAR
CLAMS MADE
DEO I I RETENTION 3
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPSIETOR)PARTI€R/EXECUTIVE
Y/M
NIA
:
C4791422A
10I01I2013
10101I2014
X
SAC STATU- I
DRY LIMITS
I
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ER
E.L EACH AcIDENT
$ 1,000,000
OFFICER/MEMBER EXCLUDED? 1
EL DISEASE — EA EMPLOYEE
_
$ 1 006,000
?MANDATORY IN NH)
.1' yes. describe under
E.L DISEASE— POLICY '_IMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS/LOCAT1ONSA1EHICLES (Attach Acord 101, Additional remarks Schedule, if move space is required)
Waiver of Subrogation in Favor of City of National City Environmental Consulting In San Diego
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE.
THE EXPEiATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS
AUTHORIZED REPRESENTATIVE
City of National City CIO City Attorneys
Office
1243 National City Blvd.
National City, CA 91950
25 (2010105}
Acct#: 1170S26
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