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HomeMy WebLinkAboutEMC Planning Group - Country Estates Phase IV EIR - Amendment No. 1FIRST AMENDMENT TO COUNTRY ESTATES PHASE IV AGREEMENT FOR SERVICES WHEREAS, the City of Gilroy, a municipal corporation ( "City "), and EMC Planning Group, Inc. entered into that certain agreement entitled Country Estates Phase IV Agreement for Services, effective on August 13, 2013, hereinafter referred to as "Original Agreement "; and WHEREAS, City and EMC Planning Group, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Exhibit B, "Scope of Services," of the Original Agreement shall be amended to include the attached "Country Estates Phase IV CEQA Compliance Contract Amendment I" scope of work. 2. Exhibit C, "Payment Schedule," of the Original Agreement shall be amended to increase the total contract amount to $143,010.30. 3. This Amendment shall be effective on October 14, 2014. 4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CI �FLR OY By: L [sig&furej Thomas J. Haglund [employee name] City Administrator [title/departmentl Date: I on ( 4 4845 - 8215 -55400 MDOLINGER104706083 EMC PLANNING GROUT, INC. By: U/144 .v [signature] Teri Wissler Adam [name] Senior Principal [title] Date: /q % 7- h V Approved as to Form City Attorney , 14 ��� Val 4845 - 8215 -55400 MDOLINGER104706083 -2 ATTES City Clerk ( &ha,&Il r M c Planning, for Success. October 9, 2014 Melissa Durkin, Planner II City of Gilroy Planning Division 7351 Rosanna Street Gilroy, CA 95020 Re: Country Estates Phase IV CEQA Compliance Contract Amendment 1 Dear Melissa: The proposed project has changed from 95 residential units to 61 residential units, and our scope of work has change from preparation of an EIR, to preparation of an initial study and mitigated negative delcaration. Per our previous conversations, this is a contract amendment request to update the technical analyses including the traffic, study, greenhouse gas analysis, and noise analysis. Additionally, the revised tentative map will be reviewed to determine if there are any changes to potential effects on cultural resources. Attached is a budget spreadsheet reflecting the effort and costs required to update the aforementioned reports /analyses, process subconsultant contract amendments, and process the contract amendment for EMC Planning Group with the City. The additional scope of work for the additional analysis is presented in the attached documentation. EMC Planning Group's remaining budget can absorb the majority of these costs. Therefore, this request for a contract amendment is for $5,536.00, as summarized below. Professional Services Agreement Original Budget $137,474.30 Amendment No. 1 $5,536.00 Total $143,010.30 Melissa Durkin, Plannerll City of Gilroy Planning Division October 9, 2014, Page 2 We will begin working on these additional tasks upon receipt of an executed contract amendment. If you have any questions, please feel free to contact Gina at ext. 217 or Teri at ext. 203. Sincerely, e Gina Hamilton Senior Planner Enc. enc: budget spreadsheet, subconsultants scope of work Teri Wissler Adam Senior Principal Counta Estates Phase IV CEQA Compliance - Contract Amendment #1 Oct 2014 Task EMC Planning Group Inc, Staff Sr. Principal, Principal Planner Senior Planner Total Hours Total Cost Billing Rate Per Hour g ( ) $1.95.00 $17500 : . $15000 ! " Project Management/Consultation 2 0 4 6 _ $990A0 Greenhouse Gas Modeling and Memo (update) 14 2 16 $2,750.00 Subtotal Hours 2 14 6 Total Hours i otaFCosf Subtotal (Cost) $390.00 $2,450.00 $900.00 22 $3,740.00 Subconsultant Fees Archaeological Consulting cultural resources $300.00 Hexagon Transportation Consultants traffic analysis) $9,280.00 Illin worth & Rodkin noise anal" sis $1,480.00 Subconsultant Overhead 10% - $1,106.00 Tota , $12,166.001 TotafCostsl $15,906.00 Of this $15,906, we can cover $10,370 within our existing budget, which was originally for an EIR. Therefore, the additional budget necessary for this contract amendment is only $5,536.00. ka .[I I L A 11, _ 1 " P.O. BOX 3377 SAUNAS, CA 93912 (831) 422 -4912 Fax: (831) 422 -4913 October 3, 2014 Gina Hamilton EMC Planning Group Via email: hamilton@emcplaning.com Dear Gina: At your request we are providing a proposal to complete a plan change review and letter report for the Country Estates Phase IV project in the City of Gilroy Santa Clara County, California. The scope of work includes a review of the revised plans relative to the identified culturally sensitive areas and a summary letter with updated recommendations based on the findings of our plan review. The cost for this service, based on information provided by you, is estimated not to exceed $300.00 for a report to be completed in approximately one week from the date of authorization. If you wish us to proceed with the plan change review and letter report, please sign and return the enclosed authorization form, or provide us with your standard contract for execution. We will invoice you for the project fee upon completion of the report. These terms will be in effect for 60 days. If we have not heard from you in that time, we will assume that you do not need our services and any materials we may have regarding this project will be discarded. If you have any questions about this proposal, please contact me directly. SF144Y. incerely, Ma ry Doane Project Manager /LUI1 GWrORTH8irRODKIN,/1VC Ill // Acoustics • Air Quality 1Ill/ I Willowbrook Court, Suite 120 Petaluma, California 94954 Tel: 707 - 794 -0400 www.illingworthrodkin.com October 2, 2014 Gina Hamilton Senior Planner EMC Planning Group 301 Lighthouse Avenue, Suite C Monterey, California 93940 VIA E -Mail: hamilton@emcplanning.com Fax: 707 - 794 -0405 illro@illingworthrodkin.com SUBJECT: Country Estates Phase IV, Gilroy, CA — Budget Augment to Re- Evaluate Site Plan and Traffic Analysis Dear Gina: Based on our e -mail correspondence, we understand that the Country Estates IV project in Gilroy has a revised site plan and revised traffic analysis. Please budget an additional $1,480 assuming that up to 8 hours would be required to update our noise analysis and report. The additional work could be completed within one week of your authorization and receipt of the necessary project materials (i.e., revised site plan and traffic analysis). Sincerely yours, Michael S. Thill Senior Consultant, Principal ILLINGWORTH & RODKIN, INC. PRAW TRANSPORTATION CONSULTANTS, INC. October 2, 2014 Mrs. Gina Hamilton EMC Planning Group Inc. 301 Lighthouse Avenue, Suite C 302 Monterey, CA 93940 Re: Scope and Budget Amendment for the Country Estates Development Traffic Study Dear Gina: This letter is being provided as a scope and budget amendment for the proposed Country Estates residential development traffic study. This requested budget amendment will cover costs associated with the revision of the completed traffic study dated February 3, 2014 for the development to reflect a change in project description. The project as included in the completed study was to include 70 single - family detached lots and 25 single - family detached clustered units, for a total of 95 single family residential units. The project now proposes a reduction in single - family detached lots and elimination of the cl ustered/town home lots. A total additional budget of $9,280 will be needed to cover costs associated with the revision of the completed analysis and traffic study to include the revised project as described above. Please review and provide authorization. We appreciate the opportunity to continue to be of assistance on this project. If you have any questions, please feel free to call. Sincerely, HEXAGON TRANSPORTATION CONSULTANTS, INC. e Z Robert Del Rio, T.E. Vice President & Principal Associate 8070 Santa Teresa Boulevard, Suite 230 • Gilroy, California 95020 phone 408.846.7410 • fax 408.846.7418 • www.hextrans.com ';� °® CERTIFICATE OF LIABILITY INSURANCE 5iii oia ' 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 Cannel Insurance Agency San Carlos 2 NW of 8th P.O. BOX 6117 Carmel CA 93921 -6117 CONTACT Monique Thanos, CIC E: - - - -- .PHONE:- 831.) 624 -1234 .PAX . (831) 624 -4605 (AIr No -MAIL ADDRESS: moniquet@ carmelnsurance . com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:COlOnV Insurance Company LIMITS INSURED EMC Planning Group, Inc. 301 Lighthouse Avenue Suite C Monterey CA 93940 .INSURER B :Nationwide Mutual M Little, CIC /MRT INSURER C: INSURERD: INSURER E $ 1,000,000 INSURER F X COMMERCIAL GENERAL. LIABILITY r,nvFRe(2FIC CFRTImrATF NIIMRFR -GL It Prof 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 P_ OLIC_IES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I R LT _ TYPE OF INSURANCE The City of Gilroy POLICY NUMBER POLICY MIDD EFF POLICY D EXP LIMITS GENERAL LIABILITY M Little, CIC /MRT EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL. LIABILITY DAMAGE 70 RENTED PREMISES E r nce $ 50., -000 A CLAIMS -MADE a OCCUR FPK302184 /1 /2014 /1/2015 MED EXP (Any one person) $ 5, 000 PERSONAL& ADV. INJURY $:. 1,000,000 X Aggregate Limits Include Professional Liability GENERAL AGGREGATE $ 3,000,000 HGENI. AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 3 , 000 , 000 DEDUCTIBLE PER OCCURR $ 10 , 000 POLICY PRO- LOC AUTOMOBILE LIABILITY (Ea COMBINED SINGLELIMIT 11000,000 BODILYINJURY (Per person) S B $ ANY AUTO _ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS CP7834920791 /15/2014 /15/2015 BODILY INJURY (Per accident) $ Pe ROPERTY DAMAGE $ $ UMBRELLA LIAR EACH OCCURRENCE 'I HOCCUR AGGREGATE $. EXCESS LIAB CLAIMS -MADE DIED I I RETENTION $ $ WORKERS COMPENSATION I WC STATU= OTH= - AND EMPLOYERS'.LIABILITV ANY PROPRIETOR/PARTNER/EXECUTIVE Y /❑N E.L. EACH ACCIDENT OFFICER/MEMBER.EXCLUDED? (Mandatory In NH) N / A E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT . $ f yes, describe under _DESCRIPTION.OF-OPERATIONS below A Errors b Ommisslon5 EPPC302184 /1/2014 /1/2015 EACH CLAIM LIMIT 1,000,000 DEDUCTIBLE EACH CLAIM 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Country Estates Phase IV EIR Subject to a Signed, Written Agreement: The City of Gilroy, its officers and employees are named as Additional Insured under the General Liability per attached endorsement EV242 -0312 and under the Auto Liability per attached endorsement CA2048 02/99. 10 Days Notice of Cancellation for Non - Payment of Premium. CFRTIFICATF HOLDER CANCELLATION ACORD 25 (2010105) INS025 oninnsi n1 ©1988 -2010 ACORD CORPORATION. All rights reserved. Tho ACARII nama and Innn ara rani0arari marke of ACORn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Gilroy Planning Divison AUTHORIZED REPRESENTATIVE Melissa Durkin 7351 Rosanna Street Gilroy, CA 95020 M Little, CIC /MRT ACORD 25 (2010105) INS025 oninnsi n1 ©1988 -2010 ACORD CORPORATION. All rights reserved. Tho ACARII nama and Innn ara rani0arari marke of ACORn ` EMC PLANNING GROUP, INC. Policy #EPK302184 5/1/14 to 5/1/15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Iff i; _117 Z112 All This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Marne Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations: Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III — Who Is An Insured within the Common Policy Provisions 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) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not 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 addi- tional 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. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EV242 -0312 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission. EMC Planning Group, Inc. Policy #: ACP7834920791 Policy Term: 3/15/14 to 3/15115 CA 20 48 (02 -99) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): The City of Gilroy, Its Officers and Employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. Copyright, Insurance Services Office, Inc., 1998 CA 20 48 (02 -99)