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Home My WebLink AboutEMC Planning Group - North Gilroy USA Amendment - Amendment No. 1[Use for amendments to existing agreements. Consult City Attorney for amendments to recorded agreements.] First AMENDMENT TO NGND USA EIR and LAFCO WHEREAS, the City of Gilroy, a municipal corporation (`City "), and EMC Planning Group Inc. entered into that certain agreement entitled NGND USA EIR and LAFCO, effective December 1, 2014, 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. The additional scope identified in the March 25, 2015 letter to Kristi Abrams, Community Development Director from Richard James, Principle Planner for EMC Planning Group Inc. is included as part of the Original Agreement.[ 2. This Amendment shall be effective on March 26, 2015. 3. 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. 4. 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. Cl OF Y By: [signet Thomas J. Haglund [employee name] City Administrator [title /department] Date: Approved as to Form }pity Attorney 4845 -8215 -55400 MDOLINGER104706083 EMC Planning Group Inc. By: 4d�� [signature [name] [title] Date: J A% F N,, L Planning for Success. March 25, 2015 Kristi Abrams, PE Community Development Director City of Gilroy Community Development Department 7351 Rosanna Street Gilroy, CA 95020 Re: NGND USA EIR and LAFCO -Contract Amendment Request #1 Dear Kristi: This is a request to amend our CEQA and LAFCO services contract with the City for the North Gilroy Neighborhood Districts Urban Service Area Amendment project. Tasks have come to light that require additional scope and budget for two of our sub - consultants. Each of these is outlined below, and summarized in a table. Hydro - modification. In a telephone call with RJA and Schaaf and Wheeler it was decided that hydro - modification work would be necessary to satisfy Regional Water Quality Control Board Requirements. Schaaf & Wheeler will develop rational method model(s) to analyze and size HMP measures that meet the Permit requirements. The full scope of work is presented in Attachment 1. Transportation Conceptual Design. Several additional tasks are required for completion of the traffic impact analysis. Because the project description was revised after initiation of the analysis, additional time is required to update the report to reflect the changed description. In response to comments on the NOP, several new intersections have been added to the analysis. The City's engineering department has requested that the traffic consultant evaluate the proposed Buena Vista Avenue /U.S. Highway interchange and grade separation of the intersections of Fitzgerald Avenue and Buena Vista Avenue at Monterey Road and the railroad. The full scope of work is presented in Attachment 2. James R. Schaaf, Ph. D, PE Kirk R Wheeler, PE Peder C. Jorgensen, PE Charles D. Anderson, PE Daniel J. Schaaf, PE Richard James Principal Planner EMC Planning Group 310 Lighthouse Avenue, Suite C Monterey, CA, 93940 Schaaf & Wheeler CONSULTNG CIVIL ENGINEERS 870 Market Street, Suite 1278 M. Eliza McNulty, PE Benjamin L. Shick, PE San Francisco, CA 94102 -2906 Leif M. Coponen, PE 415 - 433 -4848 Principal Emeritus Fax 415- 433 -1029 David A. Foote, PE March 25, 2015 Subject: North Gilroy Contract Amendment for Hydromodification Analysis Dear Mr. James: The following scope of services is to be an amendment to the agreement between Schaaf & Wheeler and EMC. This scope is for sizing of HMP /stormwater treatment basins for the North Gilroy Neighborhood District site to meet E.12 Post Construction Stormwater Management Program requirements of the State Small Municipal Separate Storm Sewer Systems (MS4s) General Permit, Order No. 2013-0001 - DWQ. The purpose of this project is to determine the approximate semi - regional pond sizes required to meet the HMP development requirements. Schaaf & Wheeler will perform the following scope of work for a not -to- exceed amount of $3,000. Geotechnical surveys and topographical surveys are not included under this scope of work. Services Provided by Consultant Task 1 HM Modeling Schaaf & Wheeler will develop rational method model(s) to analyze and size HMP measures that meet the Permit requirements. Where feasible, HMP measures will be designed and analyzed to combine flow duration and water quality treatment into combined semi - regional facilities that reduce the overall land requirements for stormwater management in the North Gilroy Neighborhood District. Water quality treatment requirements will be based on the 0.2 inch per hour design intensity per section E.12.e(c)(2)(a). The models will meet or exceed the hydromodification standard of reducing post - project runoff to the pre - project peak rate for the 2 -year, 24 -hour storm per section E.121(ii)(a). All model documentation required for the EIR will be provided to EMC. Sincerely, Schaaf & Wheeler Charles D. Anderson, PE President Santa Clara . San Francisco . Santa Rosa . Salinas Mr. Richard James March 25, 2015 Page 2 of 2 intersections on each interchange. Additionally, we will evaluate the turning movements and intersection operations at each location to identify if there is a preferred quadrant for placing the two -way loop ramp to minimize the size of each interchange. The cost of this additional task will be $4,000. We estimate an additional overall budget of $16,500 is needed to cover the costs required for the additional work described above. Staff time and out -of- pocket expenses will be billed in accordance with our existing contract agreement for this project. Similarly, the other provisions of that agreement remain in effect. Please authorize us to proceed with this extra work by sending Hexagon a signed copy of this letter or by issuing a new Purchase Order or contract amendment at your earliest convenience. We look forward to continuing our work on this assignment. If you have any questions or would like to discuss the project, please do not hesitate to call. Sincerely, HEXAGON TRANSPORTATION CONSULTANTS, INC. 1pa f�— Jeffrey A. Elia Principal APPROVED AND ACCEPTED BY: (Signature) (Printed Name and Title) (Date) Authorized to Execute Agreements for: EMC Planning Group ,acoR>o CERTIFICATE OF LIABILITY INSURANCE DATE(MMfDD/YYY1� TYPE OF; INSURANCE 7/3/2014 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 REPRESENTATNE OR.PRODUCF,R,_AND THE CERTIFICATE HOLDER IMPORTANT-- If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 1S WANED, 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 endorsemen s PRODUCER Carmel Insurance Agency San Carlos.2 NW of 8th . Monique Thanos, CIC PHONE. FAX - FAX (031),624 -4605 - .moniquet @carmelinsnrance.«�n P.O. Box 6117 Carmel. CA 93921 -6117 INSUREP S AFFORDING COVERAGE NAIC N udSUaERA. liC Indemnit 025 INSURED ENC Planning Group, Inc. 301 Lighthouse Avenue. Suite C 'Monterey CA 93940 rnvooer_ee nrswe.wa�.=- ::.-r::r.ax._,:; INSURER s - S ' INSURERC: S iNSUReRo PERSONAL a ADV %JURY INSURER E wWOMF. GENERAL AGGREGATE -- - - - ° -- -- •• RCYIJIVIY IYUMI3tK: 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 60hbITI614 60 ANY CONTRACTOR 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 TEi;ma' EXCLUSIONS:ANID CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. T R TYPE OF; INSURANCE D POLICY NUMBER LICY EFF LIMITS GENERAL uABIUTY COMMERCIAL GENERAL LIASIUTY CLAUaA3 AMDE .a OCCUR EACH OCCIiRRETtCE S ' TO RENTS) MEMEXP Oro arson S $ PERSONAL a ADV %JURY s GENERAL AGGREGATE s GEN'L AGGREGATE LA11TAPPIJES PER. POLICY m LOC PRODUCTS - COI�lOP AGG $ S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS Aug . COMB{, :SI BODLY INJURY (Per pamm) S BCDLY INJURY (Per aeddant) S PROPERTY DAMAGE S . S A . UM13 1iELLA LLAB EXCESS UAS I OCCUR CLAWS-WOE S -WOE MIA 8205504 /10/2013 /10/2015 EACH OCCURRENCE ; AGGREGATE S DED ° RETENTION S +aoRleRS COMPENSATION AND E>MPLDYERZ UAMUTY YIN ANY PROPRIETOR/PARTNERfDCECUTlVE OFFICEWMEMBER EXCLUDED? � (Mandi6ft In NH) - - u.yes, deealCe under DESCRIPTION DEOPFR0.T70NS below wcsTAru- orH- E EL EACH ACCO84T S 3 000 000 - EL DISEASE - EA EMPLOY S 1 000 ,000 E.L. DISEASE: - POUCY Umrr s ], D.O.O. :0-0 D DESCRIPTION OF OPERATIONS I LACAl10N§ / VEHICLES (Attach ACORD 101. AddlBOnai Remarks Schad ute, N ntwa apaee:Fi required) 10 Days Notice of Cancellation Applies for non payment of premium r, CERTIFICATE HOLDER CANCELLATION - The City of Gilroy Planning Divison Melissa Durkin 7351 Rosanna Street Gilroy, CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE .WILL BE DELIVERED IN ACCORDANCE WITH THE. POLICY PROVISIONS. ITHORIZED REPRESENTA,*E Little,, CIC /mRt ACORD 25 (2010105) a "''• ®198 &2010 ACORD CORPORATION. All rights reserved. EMC PLANNING GROUP, INC. Policy #E.PK302184 5/1/14 to 5/1/15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. S f) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL, LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anizatio s : Locations Of Covered Operations: Where Required By Written Contract Where Required By Writen 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:indude 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 insureds) at the location(s) desig- nated above. B_ With respect to the insurance afforded to these additional insureds, the fbeowing 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 famished 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: 3115/14 to 3115/15 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)