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HomeMy WebLinkAbout2019 CON Ensafe - Westside Transit Oriented Development WI-TOD Mitigation Plan / Paradise CreekFIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AND ENSAFE INC This First Amendment to the Agreement is entered into this 7th day of May, 2019 by and between THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a public body, corporate and politic, (the "SUCCESSOR AGENCY") and ENSAFE, INC., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the SUCCESSOR AGENCY and the CONSULTANT entered into an Agreement on June 20, 2017, (the "Agreement") through the adoption of Successor Agency Resolution No. 2017-90, wherein the CONSULTANT agreed to provide environmental engineering, site investigations and remediation support services to assist staff with obtaining final regulatory approvals and implementation of the Property Mitigation Plan for environmental remediation of the Westside Infill Transit Oriented Development (WITOD) / Paradise Creek Park redevelopment area in National City, 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; and WHEREAS, the Agreement had a not -to -exceed amount of $200,000 and a term of two years, with the option to extend for an additional period of up to one year; and WHEREAS, the SUCCESSOR AGENCY desires to have the CONSULTANT continue providing environmental remediation oversight support services through project construction, including preparation of deliverables required by the State of California Department of Toxic Substances Control, and the CONSULTANT is willing to perform such services; and WHEREAS, the environmental remediation oversight support services to be provided by the CONSULTANT for the project have been approved on the Recognized Obligation Payment Schedule ("ROPS") for Fiscal Years 2019 and 2020 by the State of California Housing and Community Development Department as Line Item No. 12. /// /// AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on June 20, 2017, as follows: 1. Increase the not -to -exceed amount by $300,000, for a total Agreement amount of $500,000. 2. Extend the term of the Agreement to June 19, 2020. 3. The parties further agree that other than the foregoing amendment, each and every term and provision of the Agreement dated June 20, 2017, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first above written. SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE ONAL CITY REDEVELOP T ENCY By: Al ands: '.• air lis APPROVED AS TO FORM: P. Morris ones uccessor Agency Counc ENSAFE INC. By: 1 �1- Don Bradfor President and CEO By: Sharon E. Hooper Vice President ENSAINCO Client#: 25298 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)3/14/2019 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 have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 NAMEACT Carly Underwood PHONEFAX (A/C, No, Ext): (NC770.552.4225 (NC , No): 866.550.4082 E-MAIL Underwood re IIn ADDRESS: carl y• @9 Y gcom INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Greenwich Insurance Company 22322 INSURED EnSafe Inc. 5724 Summer Trees Dr. Memphis, TN 38134 INSURER B : Firemans Fund Insurance Co. 21873 INSURER C : Indian Harbor Insurance Co 36940 INSURER D: XL Specialty Insurance Co. 37885 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 18-19 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. LTR TYPE OF INSURANCE NSR w VD POLICY NUMBER POLICY EFF {MM/DD/YYYY) POLICY EXP (MM/DD/YYYI) LIMITS A X COMMERCIAL GENERAL LIABILITY GEC300059004 12/01/2018 12/01/2019 EACH OCCURRENCE $1,000,000 E PREMISES (Ea occurrence) $ 500,000 CLAIMS -MADE , X OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE X LIMIT APPLIES ECOT PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ D AUTOMOBILE X _ X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY AEC004489104 12/01/2018 12/01/2019 FEO aBIcNdEeD SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X 1 I OCCUR CLAIMS -MADE SU000015384811 12/01/2018 12/01/2019 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 $ DED X RETENT ON $0 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A WEC004489204 12/01/2018 12/01/2019 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 12/01/2018 12/01/2019 Per Claim $5,000,000 Aggregate $5,000,000 C Professional Liab incl. Contractors Pollution Liab PEC004489304 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Westside Infill Transit Oriented Development (WI-TOD) / Paradise Creek Park project. The City of National City, its elected officials, officers, agents, and employees are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Blvd National City, CA 91950-4301 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 ACORD 25 (2016/03) 1 of 2 #S1455074/M1285490 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CUND1 DESCRIPTIONS (Continued from Page 1) Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder. SAGITTA 25.3 (2016/03) 2 of 2 #S1455074/M1285490 POLICY NUMBER: GEC300059004 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization where required by written contract provided that such contract was executed prior to the date of loss. All Locations as required per written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does rot apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG20100413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: GEC300059004 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization where required by written contract provided that such contract was executed prior to the date of loss. All Locations as required per written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" couccd, in v.'ho,c or in pu "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreernent, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: AE0004489104 ENDORSEMENT #004 This endorsement, effective 12:01 a.m., 12/01/2018 ENSAFE, INC. by XL Specialty Insurance Company. XIC 411 1013 forms a part of Policy No. AEc004489104 issued to THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM A. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for "bodily injury" or "property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of: 1 You, while using a covered "auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto" with your permission; Provided that: a. The written contract is in effect during the policy period of this policy; b. The written contract was signed by you and executed prior to the "accident" causing "bodily injury" or "property damage" for which liability coverage is sought; and c. Such person or organization is an "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract. C. General Conditions, Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this policy be primary. All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. XIC 411 1013 ©2013 X.L. America, Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. BVIE 01/04/2017 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Where required by written agreement signed prior to loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/01/2018 Policy No, WEC004489204 Endorsement No. Insured ENSAFE, INC. Insurance Company Countersigned by Greenwich Insurance Company WC 00 03 13 (Ed. 4-84) © 1983 National Council on Compensation Insurance. RESOLUTION NO. 2019 — 102 RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AUTHORIZING THE CHAIRMAN TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH ENSAFE, INC., INCREASING THE NOT -TO -EXCEED AMOUNT BY $300,000 FOR A TOTAL AGREEMENT AMOUNT OF $500,000, AND EXTENDING THE TERM OF THE AGREEMENT TO JUNE 19, 2020, TO PROVIDE ENVIRONMENTAL REMEDIATION OVERSIGHT SUPPORT SERVICES FOR THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT (WI-TOD) / PARADISE CREEK PARK PROJECT WHEREAS, EnSafe, Inc. has previously provided environmental remediation oversight support services for the Westside Infill Transit Oriented Development (WI-TOD) / Paradise Creek Park project ("Project") as part of an Enforceable Obligation of the Successor Agency of the Community Development Commission as the National City Redevelopment Agency ("Successor Agency"); and WHEREAS, EnSafe, Inc. has intimate knowledge and experience with the project, including regulatory requirements for site remediation; and WHEREAS, staff recommends approving a First Amendment to the Agreement with EnSafe, Inc. increasing the not -to -exceed amount by $300,000 for a total agreement amount of $500,000 and extending the term of the Agreement to June 19, 2020 to provide environmental remediation oversight support services through completion of the park site remediation, which is currently under construction. NOW, THEREFORE, BE IT RESOLVED that the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") hereby authorizes the Chair to execute a First Amendment to the Agreement with EnSafe, Inc., increasing the not -to -exceed amount by $300,000, for a total Agreement amount of $500,000 and extend the term of the Agreement to June 19, 2020 to provide - ' .nmental remediation oversight support services through completion of the park site rem PASSED and ADOPTED this 7th day of May, 2019 s, Chairwoman ATTEST: Michael.iba1ta, City Clerk as Secretary to the Successor Agency APPROVED AS TO FORM: rris-Jones, ssor Agency 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 May 7, 2019 by the following vote, to -wit: Ayes: Boardmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Chairwoman of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California MICHAEL R. DALLA City Clerk Serving as Secretary to the Successor Agency By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-102 of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, passed and adopted on May 7, 2019. City Clerk Serving as Secretary to the Successor Agency By: SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AGENDA STATEMENT MEETING DATE: May 7, 2019 y069 - I a- AGENDA ITEM NO. 2 ITEM TITLE: Resolution of the Board of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency authorizing the Chairman to execute a First Amendment to the Agreement with EnSafe, Inc., increasing the not -to -exceed amount by $300,000 for a total Agreement amount $500,000, and extending the term of the Agreement to June 19, 2020, to provide environmental remediation oversight support services for the Westside Infill Transit Oriented Development (WI-TOD) / Paradise Creek Park project. PREPARED BY: Roberto Yano DEPARTMENT: PHONE: 1619-336-43831 APPROVED BY: EXPLANATION: EnSafe, Inc. has previously provided environmental remediation oversight support services for the Westside Infill Transit Oriented Development (WI-TOD) / Paradise Creek Park project ("Project") as part of an Enforceable Obligation of the Successor Agency of the Community Development Commission as the National City Redevelopment Agency ("Successor Agency"). Based on their intimate knowledge and experience with the Project, including regulatory requirements for site remediation, staff recommends approving a First Amendment to the Agreement with EnSafe, Inc. to provide environmental remediation oversight support services through completion of the park site remediation, which is currently under construction. Final reporting to obtain regulatory closure for the park site is included as part of their scope of services. EnSafe's proposed services for the Project have been approved on the Recognized Obligation Payment Schedule ("ROPS") for Fiscal Years 2019 and 2020 by the State of California Housing and Community Development Department as Line Item No. 12. Engining/.Public Works FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 711-409-000-213-0000' APPROVED: MIS ROPS funding of $173,200 is authorized for FY 2019 with an additional $120,000 programmed for FY 2020. The remaining $6,800 could be included in the ROPS for FY 2021, if necessary. ENVIRONMENTAL REVIEW: %N/P ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution executing a First Amendment to the Agreement with EnSafe, Inc., increasing the not -to -exceed amount by $300,000, and extending the term of the Agreement to June 19, 2020. BOARD / COMMISSION RECOMMENDATION: N/A .-(:A iv) 710- U /, - /0z ATTACHMENTS: 1. First Amendment to Agreement 2. Resolution FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AND ENSAFE INC This First Amendment to the Agreement is entered into this 7th day of May, 2019 by and between THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a public body, corporate and politic, (the "SUCCESSOR AGENCY") and ENSAFE, INC., a corporation (the "CONSULTANT'). RECITALS WHEREAS, the SUCCESSOR AGENCY and the CONSULTANT entered into an Agreement on June 20, 2017, (the "Agreement") through the adoption of Successor Agency Resolution No. 2017-90, wherein the CONSULTANT agreed to provide environmental engineering, site investigations and remediation support services to assist staff with obtaining final regulatory approvals and implementation of the Property Mitigation Plan for environmental remediation of the Westside Infill Transit Oriented Development (WITOD) / Paradise Creek Park redevelopment area in National City, 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; and WHEREAS, the Agreement had a not -to -exceed amount of $200,000 and a term of two years, with the option to extend for an additional period of up to one year; and WHEREAS, the SUCCESSOR AGENCY desires to have the CONSULTANT continue providing environmental remediation oversight support services through project construction, including preparation of deliverables required by the State of California Department of Toxic Substances Control, and the CONSULTANT is willing to perform such services; and WHEREAS, the environmental remediation oversight support services to be provided by the CONSULTANT for the project have been approved on the Recognized Obligation Payment Schedule (DROPS") for Fiscal Years 2019 and 2020 by the State of Califorhia Housing and Community Development Department as Line Item No. 12. 111 111 -1- AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on June 20, 2017, as follows: 1. Increase the not -to -exceed amount by $300,000, for a total Agreement amount of $500,000. 2. Extend the term of the Agreement to June 19, 2020. 3. The parties further agree that other than the foregoing amendment, each and every term and provision of the Agreement dated June 20, 2017, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first above written. SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY By: Alejandra Sotelo-Solis Chairman APPROVED AS TO FORM: Angil P. Morris -Jones Successor Agency Council ENSAFE INC. By: D n Brad o`rd- President and CEO Sharon E. Hooper Vice President -2- RESOLUTION NO. 2019 — RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AUTHORIZING THE CHAIRMAN TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH ENSAFE, INC., INCREASING THE NOT -TO -EXCEED AMOUNT BY $300,000 FOR A TOTAL AGREEMENT AMOUNT OF $500,000, AND EXTENDING THE TERM OF THE AGREEMENT TO JUNE 19, 2020, TO PROVIDE ENVIRONMENTAL REMEDIATION OVERSIGHT SUPPORT SERVICES FOR THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT (WI-TOD) / PARADISE CREEK PARK PROJECT WHEREAS, EnSafe, Inc. has previously provided environmental remediation oversight support services for the Westside Infill Transit Oriented Development (WI-TOD) / Paradise Creek Park project ("Project") as part of an Enforceable Obligation of the Successor Agency of the Community Development Commission as the National City Redevelopment Agency ("Successor Agency"); and WHEREAS, EnSafe, Inc. has intimate knowledge and experience with the project, including regulatory requirements for site remediation; and WHEREAS, staff recommends approving a First Amendment to the Agreement with EnSafe, Inc. increasing the not -to -exceed amount by $300,000 for a total agreement amount of $500,000 and extending the term of the Agreement to June 19, 2020 to provide environmental remediation oversight support services through completion of the park site remediation, which is currently under construction. NOW, THEREFORE, BE IT RESOLVED that the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") hereby authorizes the Chair to execute a First Amendment to the Agreement with EnSafe, Inc., increasing the not -to -exceed amount by $300,000, for a total Agreement amount of $500,000 and extend the term of the Agreement to June 19, 2020 to provide environmental remediation oversight support services through completion of the park site remediation. PASSED and ADOPTED this 19th day of March, 2019. Alejandra Sotelo-Solis, Chairwoman ATTEST: Michael R. Dalla, City Clerk as Secretary to the Successor Agency APPROVED AS TO FORM: Angil P. Morris -Jones, Successor Agency Counsel CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk May 9, 2019 Mr. Don Bradford President & CEO Ensafe, Inc. 5724 Summer Trees Drive Memphis, TN 38134 Dear Mr. Bradford, On May 7th, 2019, an Agreement was entered into between the City of National City and Ensafe, Inc.. We are enclosing a fully executed original Agreement for your records. Sine •ly, Michael R. Dlalla, CMC City Clerk Enclosure