Loading...
HomeMy WebLinkAbout2013 CON SA E2 ManageTech - Public Works Yard Site (WI-TOD) - Amendment #1FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONALCITY REDEVELOPMENT AGENCY AND E2 MANAGETECH, INC This Amendment to Agreement is entered into this 261h day of March, 2013, by and between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, a California public entity ("the SA"), and E2 Managetech, Inc (the "CONSULTANT"). RECITALS A. The former Community Development Commission — Redevelopment Agency (CDC) and now known as the SA and the CONSULTANT entered into an agreement, to provide environmental engineering services including program management and remediation services to implement a Property Mitigation Plan (PMP) for the Westside Infill Transit Oriented Development (WI-TOD) Project; B. On January 10, 2012, the City Council adopted Resolution No. 2012-15, pursuant to Part 1.85 of the California Health and Safety Code, electing for the City to serve as the successor agency to the CDC upon the dissolution of the Redevelopment Agency. C. On February 1, 2012, all California redevelopment agencies were dissolved, successor agencies were established as successor agencies to the former redevelopment agencies pursuant to Health and Safety Code Section 34173, and successor agencies are tasked with paying, performing and enforcing the enforceable obligations of the former redevelopment agencies. D. This First Amendment will require the approval of the Oversight Board to the Successor Agency prior to being effective. 0 -1fre. nve_ E. Environmental remediation is a requirement of the Disposition and Development Agreement entered into by the Community Development Commission (now known as the SA) regarding the WI-TOD Project; F. Additional environmental remediation compliance requirements are being required by the County Department of Environmental Health (DEH) with the first deadline of April 28, 2013, for a site assessment of an unauthorized release; G. This amendment is requested for additional work that will consist of program management and remediation services as required by the DEH, which requires in an increase to the compensation and an extension to the length of the original agreement; H. Whereas, the current agreement expires on March 30, 2013. AGREEMENT NOW, THEREFORE, the parties hereto agree that the Agreement entered into on September 6, 2011, shall be amended by increasing the not to exceed amount by $20,000, for a total contract amount to $118,000.00, and by extending the contract expiration date to March 30, 2014. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated September 6, 2011, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. SUCCESSOR AGENCY By:�1 Leslie Deese, Executive Director PROVED AS TO FORM: Succ Silva gency Counsel E2 MANAGETECH, INC B By: ief Financial Officer enior Vice Preside RESOLUTION NO. 2013 — 34 RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY RATIFYING THE FIRST AMENDMENT TO THE AGREEMENT WITH E2 MANAGETECH, INC., INCREASING THE NOT TO EXCEED AMOUNT BY $20,000, AND EXTENDING THE TERM OF THE AGREEMENT UNTIL MARCH 30, 2014, TO PROVIDE ADDITIONAL ENVIRONMENTAL REMEDIATION AND ENVIRONMENTAL ENGINEERING SERVICES FOR THE WESTSIDE INFILL TRANSIT -ORIENTED DEVELOPMENT, AS REQUIRED BY THE SAN DIEGO COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH WHEREAS, the California Department of Finance has reviewed and approved a Recognized Obligation Payment Schedule for the period January 1, 2013 through June 30, 2013 ("ROPS 3"), including but not limited to various items related to the Westside Infill Transit Oriented Development ("WI-TOD") Project; and WHEREAS, the WI-TOD Project is to be implemented in accordance with the terms of a Disposition and Development Agreement dated June 21, 2011 between the Community Development Commission and a developer (DDA), which DDA provides for a significant project, including but not limited to 201 affordable housing units; and WHEREAS, the City of National City ("City") is contractually obligated to carry out the WI-TOD Project in cooperation with the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") (formerly, the Community Development Commission of the City of National City), and various third party agreements have been executed in relation to this obligation; and WHEREAS, environmental remediation is a requirement of the DDA, and the Successor Agency has a contract with E2 Managetech, whereby E2 Managetech provides environmental engineering services, including program management and remediation services to implement a Property Mitigation Plan ("PMP") for the WI-TOD Project; and WHEREAS the E2 Managetech contract was reflected and approved on the ROPS 3 as Item No. 12; and WHEREAS, the San Diego County Department of Environmental Health ("DEH") has recently required additional environmental remediation compliance work relating to the WI-TOD Project and to the environmental engineering services that E2 Managetech provides per its Agreement with respect thereto, and necessitating an extension of the term of that Agreement through March 30, 2014; and WHEREAS, time being of the essence as to this DEH-mandated environmental remediation compliance, and to advance the protection of the public health, safety, and welfare in the implementation of the WI-TOD Project, the Executive Director executed the First Amendment to the Agreement with E2 Managetech increasing the not to exceed amount by $20,000, and extending the term of the Agreement until March 30, 2014; and Resolution 2013 — 34 Page Two WHEREAS, that DDA has been recognized by the California Department of Finance as an enforceable obligation. NOW, THEREFORE, BE IT RESOLVED that the Successor Agency to the Community Development Commission as the National City Redevelopment Agency hereby ratifies the First Amendment to the Agreement with E2 ManageTech, Inc., increasing the not to exceed amount by $20,000, and extending the term of the Agreement until March 30, 2014, to provide additional environmental remediation and environmental engineering services for the Westside Infill Transit Oriented Development ("WI-TOD") Project, as required by the San Diego County Department of Environmental Health. PASSED and ADOPTED this 16th day of A rh?2013. ATTEST: on Morrison, Chairman Mi ael R. Dalla,/ ity Clerk as Secretary to the Successor Agency ROVED AS TO FORM: Silva Counsel Passed and adopted by the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, on April 16, 2013 by the following vote, to -wit: Ayes: Boardmembers Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: Boardmember Cano. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California City Clerk Servin�s Secretary to the Succes or Agency By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-34 of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, passed and adopted on April 16, 2013. City Clerk Serving as Secretary to the Successor Agency By: Deputy SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AGENDA STATEMENT MEETING DATE: April 16, 2013 AGENDA ITEM NO. 2 ITEM TITLE: Resolution of the Successor Agency, ratifying the First Amendment to the Agreement between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency and E2 Managetech, Inc. extending the agreement until March 30, 2014, and increasing the not to exceed amount by $20,000 for a total amount of $118,000. PREPARED BY: Barby Tipton , °'D� t DEPARTMENT: Engineering PHONE: 336-4385 EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. APPROVED BY: APPROVED: APPROVED: Funds are available in account 722-409-500-598-3934 in the amount of $20,000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution G . Explanation: The Community Development Commission and E2 Managetech entered into an agreement to provide environmental engineering services including program management and remediation services to implement a Property Mitigation Plan (PMP) for the Westside Infill Transit Oriented Development (WI-TOD) Project. The City is obligated pursuant to the Cooperation Agreement between the CITY and the former Community Development Commission acting as the Redevelopment Agency, now known as the Successor Agency (SA), to carry out the WI-TOD Project. Environmental remediation is a requirement of the Disposition and Development Agreement, entered into by the Community Development Commission regarding the WI-TOD Project. Additional environmental remediation compliance requirements are being required by the County Department of Environmental Health (DEH) after an "Unauthorized Release" was discovered with the removal of the underground storage tank on the property. The DEH has given the SA until April 28, 2013, to prepare a site assessment plan. Accordingly, time is of the essence. There will be additional requirements and deadlines after the site assessment is reviewed by the DEH. This amendment was requested for additional work that will consist of program management including planning and remediation services required by the DEH and will extend the current agreement until March 30, 2014 in order to complete the requirements. This increase in the contract amount is within the Executive Director's authority, thus the Executive Director of the SA executed the agreement. The obligation is listed on the ROPS III under line item 12 and this amendment will not exceed the approved monetary amount. The First Amendment to the Agreement was executed with a typographical error on Recital "D" and will be corrected to read ..."and the Department of Finance" Staff recommends that the resolution to ratify the amendment to the Agreement increasing the agreement by $20,000 and extending the expiration date to March 30, 2014, be approved. FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONALCITY REDEVELOPMENT AGENCY AND E2 MANAGETECH, INC This Amendment to Agreement is entered into this 26th day of March, 2013, by and between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, a California public entity ("the SA"), and E2 Managetech, Inc (the "CONSULTANT"). RECITALS A. The former Community Development Commission — Redevelopment Agency (CDC) and now known as the SA and the CONSULTANT entered into an agreement, to provide environmental engineering services including program management and remediation services to implement a Property Mitigation Plan (PMP) for the Westside Infill Transit Oriented Development (WI-TOD) Project; B. On January 10, 2012, the City Council adopted Resolution No. 20.1.2-15, pursuant to Part 1.85 of the California Health and Safety Code, electing for the City to serve as the successor agency to the CDC upon the dissolution of the Redevelopment Agency. C. On February 1, 2012, all California redevelopment agencies were dissolved, successor agencies were established as successor agencies to the former redevelopment agencies pursuant to Health and Safety Code Section 34173, and successor agencies are tasked with paying, performing and enforcing the enforceable obligations of the former redevelopment agencies. D. This First Amendment will require the approval of the Oversight Board to the Successor Agency prior to being effective 0/0 %e. Ae rne/i+ ergr Ft name, E. Environmental remediation is a requirement of the Disposition and Development Agreement entered into by the Community Development Commission (now known as the SA) regarding the WI-TOD Project; F. Additional environmental remediation compliance requirements are being required by the County Department of Environmental Health (DEH) with the first deadline of April 28, 2013, for a site assessment of an unauthorized release; G. This amendment is requested for additional work that will consist of program management and remediation services as required by the DEH, which requires in an increase to the compensation and an extension to the length of the original agreement; H. Whereas, the current agreement expires on March 30, 2013. AGREEMENT NOW, THEREFORE, the parties hereto agree that the Agreement entered into on September 6, 2011, shall be amended by increasing the not to exceed amount by $20,000, for a total contract amount to $118,000.00, and by extending the contract expiration date to March 30, 2014. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated September 6, 2011, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. SUCCESSOR AGENCY Leslie Deese, Executive Director AP ROVED AS TO FORM: C Succ iva gency Counsel E2 MANAGE CH, INC By: ief FinancWal Officer Senior Vice President E2MANA1 OP ID: AO A�R�. CERTIFICATE OF LIABILITY INSURANCE UATE(MM/DD/YYYY) OBl01/72 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 poiicy(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 858-452-2200 Wateridge Insurance Services 858-452.8004 10717 Sorrento Valley Rd. San Diego, CA 92121 NJE Insurance Services, Inc, CC ACT Kelly Maggard (Nu u , IA/C, No 858-412-8188 ; 858a112-8165 in ADDRESS; kmaggard@wateridge.com INBURER(8) AFFORDING COVERAGE NAIL d INSURER A;Hudson Insurance Company INSURED E2 ManageTeoh, Inc 5000 E Spring St #720 Long Beach, CA 90815 INSURER ll: INSURER C INSURER 0: INSURER El INSURER F I 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. ILTR TYPE OF INSURANCE ADDL INSR SUER two POLICY NUMBER POLICY EFF IMMIDD/YYYY1 POLICY EXP IMMIDD/YYYY) LIMITS A aENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X ESB 1778.13-12.04 06/07/12 06/07/13 EACH OCCURRENCE 5 2,000,000 pR ES E( aEMooaruence) $ 50,000 CLAIMB•MAOE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL BADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 OEN'LAGGREGATE LIMIT APP'�LIESPER : 7 POLICY n JEC7 I ( I LOC PRODUCTS - COMP/OP A00 $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS — X SCHEDULED AUTOS AUT SWNE0 ESB1770-13-12.04 06/07/12 06/07/13 COMBINED ISINGLE LIMIT $ 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per occident) $ PROPERTY � DAMAGI= il $ $ A J UMBRELLA LIAR EXCESS UAB X OCCUR CLAIMS -MADE ESB 1778-20-12-04 06/07/12 06/07/13 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED I RETENT ONE $ WORKERS COMPENSATION AND EMPLOYERS* LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED'? (Mandatory In NH) Byyees describe under DESCRIPTION OF OPERATIONS below Y / N N / A 1 WC BTATU• l TORY LIMITS OTH• ER E.L. EACH ACCIDENT $ E.L. DISEASE • EA EMPLOYEE $ E.L. DISEASE • POLICY LIMIT $ A A Professlonal Pollution ESB 1776-13.12.04 ESB 1776-13-12-04 06/07/12 06/07/12 06(07/13 06107/13 Per Claim 2,000,000 Per Cond z,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101 Additional Remarks Sch.dule PROFESSIONAL LIAB RETRO ACTIVE DATE: 8/7/02. THE ADDITIONAL INSUREDS LISTED PER THE ATTACHED "NOTE PAGE" WITH RESPECTS TO GENERAL LIABILITY, ONLY WITH RESPECTS TO LIABILITY ARMS NO OUT OF OPERATIONS OF THE INSURED PERFORMED ON BEHALF OF THE CERTIFICATE HOLDER. lime apace le required) ARE BUT NAMED CERTIFICATE HOLDER CANCELLATION CITYATT CITY OF NATIONAL CITY C/O CITY ATTORNEYS OFFICE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 AUTHORIZED REPRESENTATIVE ‘'-24.:1 L g , . ACORD 25 (2010/06) ®1968.2010 ACORD CORPORATION. Ail 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: AO PAGE 2 DATE 08/01/12 w 61�CHsgYED DT a 2-8A�rTI AO HUDSON SPECIALTY INSURANCE COMPANY (A New Vol* Dofamloticd Corporation) t" CO-PAIK Additioinel Itsuired Owners, Lessees or Contracto Autormitic.Assignment Endorsement In ova>eidwwdon of the ptendutaa 0,4, it is hereby understood and weed that the following shalt i' Nuzabart. ESB 1776-13-12-04 Negative Dt June 7, 2012 This endoxseaceaat modifies inaturt ice provided wader the applicable Policy coverage part(s) SCHEDULE Name of Person or Orgaolzadose Any person(s) or oxgsnMatton(a) weom dm NAMED INSU RE1 agrees, in a written contact, to senor as sit additional insured, sludi be deemed an INSURED, Howavea this states exists only for the project specified In that contract but only with taped to tint person'e tut organisation's vtaardoue liability catalog out of ongoing operations performed for that additional Inured. TM. oudorsetaeaat done not apply to the Environmental Paofeasional X.fsb4Tfty amuse part Ali aria !paler tom eta. l oandldene the gawk thee senor. ESb.COM.tt0$4/79 Pyo 1 of 1 AC Oe CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDO/YYYY) 0312112013 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 cosi r NOM PHONE lNo.Ext): 888.826.8365 A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC NSURER-A: ACE American Insurance Co 22667 INSURED Insperity, Inc. L/CIF E2 MANAGETECH, INC. 19001 Crescent Springs Drive Kingwood, TX 77339 NSURER-9: NSURER•C: NSURER-D: NSURER.E: NSURER•F: IFICATE • 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 LT R TYPE OF INSURANCE ADDL INSR SUB AND POLICY NUMBER POLICY EFF MMIDD/YYYY) POLICY EXP (MMIDO/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS MADE n OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ ---jOLICV GEN'L AGGREGATE LIMIT APPLIES JECOT- PER: LOC PRODUCTS - COMP/OP AGG $ PROFESSIONAL LIABILITY $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ _ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR — CLAIMS MADE AGGREGATE $ DED I I RETENT ON Y. WORKERS COMPENSATION ANDA EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN NIA X C47231292 10/01/2012 10/01/2013 X WC STATU- TORY LIMITS OTH- ER OFFICERJMEMBER EXCLUDED? I E.L. EACH ACCIDENT $ 1,000,000 (MANDATORY IN NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES (Attach Acord 101, Additional remarks Schedule, If more space Is required) WANER OF SUBROGATION IN FAVOR OF CITY OF NATIONAL CITY IS INCLUDED WHEN REQUIRED BY WRITTEN CONTRACT. LATION CITY OF NATIONAL CITY ATTN: RISK MANAGER 140 EAST 12TH ST SUITE A NATIONAL CITY, CA 91960.4301 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) Acct#: 1170926 01988-2010 ACORD CORPORATION. All Rights Reserved. The ACORD name and logo are registered marks of ACORD Workers' Compensation and Employers' Liability Policy Named Insured Insperity, Inc. LICIF E2 MANAGETECH, INC. 19001 Crescent Springs Drive, Kingwood, TX 77339 Policy Period 10/01/2012 TO 10/01/2013 Issued By (Name of the Insurance Company) Ace American Insurance Co. Endorsement Number Policy Number Symbol: RWC Number: C47231292 Effective Date of Endorsement 03/21/2013 Insert the policy number. The remainder of the information is to be completed only when this endorsement Is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. () Specific Waiver Name of person or organization: CITY OF NATIONAL CITY 140 EAST 12TH ST SUITE A NATIONAL CITY, CA 91950-4301 (0) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: WHEN REQUIRED BY WRITTEN CONTRACT. 3. Premium: The premium charge for this endorsement shall be 2% percent of the Califomia premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: $0 fkipb Authorized Agent WC 99 03 22 Acct#: 1170926 RESOLUTION NO. 2013 — RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY RATIFYING THE FIRST AMENDMENT TO THE AGREEMENT WITH E2 MANAGETECH, INC., INCREASING THE NOT TO EXCEED AMOUNT BY $20,000, AND EXTENDING THE TERM OF THE AGREEMENT UNTIL MARCH 30, 2014, TO PROVIDE ADDITIONAL ENVIRONMENTAL REMEDIATION AND ENVIRONMENTAL ENGINEERING SERVICES FOR THE WESTSIDE INFILL TRANSIT -ORIENTED DEVELOPMENT, AS REQUIRED BY THE SAN DIEGO COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH WHEREAS, the California Department of Finance has reviewed and approved a Recognized Obligation Payment Schedule for the period January 1, 2013 through June 30, 2013 ("ROPS 3"), including but not limited to various items related to the Westside Infill Transit Oriented Development ("WI-TOD") Project; and WHEREAS, the WI-TOD Project is to be implemented in accordance with the terms of a Disposition and Development Agreement dated June 21, 2011 between the Community Development Commission and a developer (DDA), which DDA provides for a significant project, including but not limited to 201 affordable housing units; and WHEREAS, the City of National City ("City") is contractually obligated to carry out the WI-TOD Project in cooperation with the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") (formerly, the Community Development Commission of the City of National City), and various third party agreements have been executed in relation to this obligation; and WHEREAS, environmental remediation is a requirement of the DDA, and the Successor Agency has a contract with E2 Managetech, whereby E2 Managetech provides environmental engineering services, including program management and remediation services to implement a Property Mitigation Plan ("PMP") for the WI-TOD Project; and WHEREAS the E2 Managetech contract was reflected and approved on the ROPS 3 as Item No. 12; and WHEREAS, the San Diego County Department of Environmental Health ("DEH") has recently required additional environmental remediation compliance work relating to the WI-TOD Project and to the environmental engineering services that E2 Managetech provides per its Agreement with respect thereto, and necessitating an extension of the term of that Agreement through March 30, 2014; and WHEREAS, time being of the essence as to this DEH-mandated environmental remediation compliance, and to advance the protection of the public health, safety, and welfare in the implementation of the WI-TOD Project, the Executive Director executed the First Amendment to the Agreement with E2 Managetech increasing the not to exceed amount by $20,000, and extending the term of the Agreement until March 30, 2014; and Resolution 2013 — Page Two WHEREAS, that DDA has been recognized by the California Department of Finance as an enforceable obligation. NOW, THEREFORE, BE IT RESOLVED that the Successor Agency to the Community Development Commission as the National City Redevelopment Agency hereby ratifies the First Amendment to the Agreement with E2 ManageTech, Inc., increasing the not to exceed amount by $20,000, and extending the term of the Agreement until March 30, 2014, to provide additional environmental remediation and environmental engineering services for the Westside Infill Transit Oriented Development ("WI-TOD") Project, as required by the San Diego County Department of Environmental Health. PASSED and ADOPTED this 16th day of April, 2013. Ron Morrison, Chairman ATTEST: Michael R. Della, City Clerk as Secretary to the Successor Agency APPROVED AS TO FORM: Claudia Gacitua Silva Successor Agency Counsel CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk E2 MANAGETECH, INC. Amendment #1 Environmental Remediation & Environmental Engineering Services for the Public Works Yard Site Lynn Cole (Engineering) Forwarded Copy of Amendment to E2 Managetech, Inc.