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HomeMy WebLinkAboutEMC Planning Group - Harvest Park Apartments - Amendment No. 1P First AMENDMENT TO HARVEST PARK MND ADDENDUM 43 WHEREAS, the City of Gilroy, a municipal corporation ( "City "), and EMC Planning Group, Inc. entered into that certain agreement entitled Harvest Park MND Addendum #3, effective on June 9, 2015, 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. Article 4, "Compensation," section A, "Consideration," of the Original Agreement shall be amended to read as follows: In no event however shall the total compensation paid to CONSULTANT exceed $6639.50 $15,590.50 2. Exhibit B, "Scope of Services," of the Original Agreement shall be amended to include the attached scope of work for a noise and vibration analysis. 3. This Amendment shall be effective on August 10, 2015. 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 set fo'Ah besides their signatures below. CITY OVGILROY LM Thomas J. Haglund [employee name] City Administrator [title /department] Date: 4845 -8215 -55400 MOOLINGER104706083 EMC Planning Group, ,Inc , By: -,f C I [signature] f Teri Wissler Adam [name] Senior Principal [title r Date: 9 -1 f — 1 S Approved as to F City Attorney 4845 -8215- 5540v1 MDOLINGER104706083 -2- P1a;111! ➢10 fIl' S!!CC'r:sc. July 16, 2015 Melissa Durkin, Planner H City of Gilroy Planning Division 7351 Rosanna Street Gilroy, CA 95020 Re: Harvest Park MND Addendum Agreement for Services Amendment I (Revised) Dear Melissa: As identified in our previous conversations, since the proposed site plan for the multi- family portion of the Harvest Park project no longer includes separation of residential units by commercial uses or parking, and the conclusions in the initial study were not based upon facts provided in the initial study, it is not clear to us that the noise levels would meet the City's exteri or standard of 60 dBA, or the interior standard of 45 dBA. Therefore, this is a request amend our agreement for services to prepare a noise and vibration analysis for the multi- family parcels. The analysis also includes exposure to future high -speed rail noise /vibration, consistent with other recent analyses prepared for the City (NGND USA Amendment EIR, the Hampton Inn, and included in the scope for the senior housing project on Monterey Road in the southern portion of the Downtown Specific Plan area). The scope of work for the noise and vibration analysis is attached. It has been revised to eliminate analysis of construction impacts,-because that issue was adequately addressed in the previous MND. Attached is a budget spreadsheet reflecting the effort and costs required to conduct the noise and vibration analysis. It does not include the cost associated with preparation of an initial study and supplemental MND or an EIR, should one or the other be required. The request for a contract amendment is summarized on the following page. Melissa Durkin, Plannerll City of Gilroy Planning Division July 16, 2015 Page 2 Agreement for Services Original Budget $6,639.50 Amendment No. 1 (Noise and Vibration Analysis) $8,951.00 Total $15,590.50 We will begin working on this additional task upon receipt of an executed agreement for services amendment. If you have any questions, please feel free to contact me at ext. 203. Sincerely, ef04�'& Teri Wissler Adam Senior Principal Enc. budget spreadsheet, subconsultant scope of work (revised) Harvest Park MND Addendum - Agreement for Services Amendment #1 (July 2015 - Revised Task EMC Planning Group 'Inc. Staff Sr. Principal Sr. Planner - Admin /Production , Total' Hours Total Cost Billing: Rate, (PeriHour) $205.00 $150.00 $95.00; j_ =_ Project Mana ement/Consultation /Sub Coordination 1 2 0 3 $505.00 Noise Analysis iMND,Addendum (update) 1' 4 11 ! 6 $900.00 Subtotal Hours 2 6 :' - 1, Total Hours Total Cost, Subtotal (Cost) $410.001 $900.001; $95.001 9 $1,405.00 Subconsultant Fees Illin worth & Rodkin $6;860.00 Subconsultant Overhead. 10% $686.00 Total_ 7,546.00 Total osts 8;951.00 L L/ N H& R O D! ON, /1 V m 11110 Acoustics Air Quality HIP 1 Willowbrook Court, Suite 120 Petaluma, California 94954 Tel: 707 - 794 -0400 Fax: 707-794-0405. www.illingworthrodkin.com illro @illingworthrodkin.com July 16, 2015 Polaris Kinison Brown Senior Planner EMC PLANNING GROUP INC. 301 Lighthouse Avenue, Suite C Monterey, California 93940 VIA E -Mail: kinisonbrown(d�emcylanning.com SUBJECT: Harvest Park Apartments, Gilroy, CA — Proposal for Acoustical Consulting Services Dear Polaris:. Thank you for inviting our firm to submit this proposal to prepare the noise assessment for the Harvest Park Apartments project proposed in Gilroy, California. The following scope of work and cost estimate is based on our previous experience with projects in the site vicinity and the information you provided. SCOPE OF WORK The primary noise - related issues are the compatibility of the proposed project with respect to the guidelines set forth in the General Plan and the potential for permanent increases in noise occurring as a result of project - generated traffic. We understand that impacts related to temporary construction noise and groundborne vibration have already been addressed. The noise study would include the following tasks: • Establish existing conditions. Long -term noise data collected as part of the North Gilroy Neighborhood Districts (NGND) Urban Service Area (USA) Amendment project's noise assessment will be used to establish the daily trend in noise levels at each of the sites. These data will be supplemented'with 5 to 6 site specific short-term noise measurements. Summarize regulatory requirements._ Applicable noise - related plans, policies, and standards would be summarized in the regulatory background section of the report. • Establish significance thresholds. We will establish significance thresholds to assess project impacts utilizing the information from the regulatory background section and other appropriate speech, sleep, and activity interference thresholds. • Assessment of impacts. Noise impacts that could result from the operation of the project would be assessed. The future noise environment at proposed residential land uses would be calculated and compared to the noise and land use compatibility guidelines set forth in the General Plan. If levels Polaris Kinison Brown July 16, 2015 Page 2 exceed those considered normally acceptable for residential land uses, measures to mitigate noise in exterior and interior spaces would be recommended. Other noise - related issues identified during the analysis, such as increased traffic noise in the surrounding community would also be evaluated. If significant noise impacts would result from the operation of the project, mitigation would be recommended. Similarly, the future vibration environment would be calculated and compared to the Federal Transit Administration's standards for acceptable vibration levels. Mitigation would be recommended for potentially significant vibration impacts expected at the easternmost site. • Deliverables. I &R would prepare a draft noise study report for your review. We estimate that we could complete this scope of work with four weeks of receiving all necessary project information, including but not limited to, plans, project description, construction information, and traffic information. • Optional Task. If necessary, 2 Senior Consultant and 2 Staff Consultant hours are budgeted to respond to comments on the draft noise study report. FEE ESTIMATE Our fees are based on the following schedule of hourly rates: Principal $210/hour Senior Consultant $185/hour Staff Consultant $135/hour Technical Support $85/hour Reimbursable travel expenses are billed in addition. Work not included in this cost estimate, such as our attendance at meetings or hearings would be billed in addition at our standard rates plus travel expenses. Attachment A lists our insurance coverage. Our fee to prepare this work is as follows: Task Senior Consultant $185 /hour Staff Consultant $135/hour Expenses Cost Prepare Technical Report 10 36 $150 $6,860 Respond to Comments (Optional) 2 2 -- $640 TOTAL including Optional Task 12 38 $150 $7,500 ♦ ♦ s Thank you for the opportunity to submit this proposal. We look forward to working with you again. Sincerely yours, Michael S. Thill Principal Consultant ILLINGWORTH & RODKIN, INC. Polaris Kinison Brown July 16 Page 3 ' 2015 ®LV &ROMMiAm 11111 Acoustics • Air Quality HIP I Willowbrook Court, Suite 120 Petaluma, California 94954 Tel: 707 - 794 -0400 Fax: 707- 794 -0405 www.illingworthrodkin.com illro@illingworthrodkin.com ATTACHMENT A HOURLY BILLING RATES Our fees are based on the following schedule -of hourly rates: Principal $210/hour Senior Consultant $185/hour Consultant $155/hour Staff Consultant $135/hour Technical Support $85/hour ATTACHMENT A INSURANCE COVERAGE GENERAL LIABILITY in the amount of $2,000,000 per occurrence/ $4,000,000 aggregate. WORKERS. COMPENSATION covering our own employees in the amount of $1,000,000 per occurrence. AUTO (OWNED & NON OWNED) covering personal injury or death and property damage in the amount of $1,000,000 per claim. PROFESSIONAL LIABILITY in the amount of $1,000,000 per claim and $2,000,000 annual aggregate. Limitation of Liability. To the maximum extent permitted by law, Illingworth & Rodkin, Inc. requests that the Client agrees to limit Illingworth & Rodkin, Inc.'s liability for Client damages to the sum of $250;000 or our fee, whichever is greater. This limitation shall apply regardless of the cause or legal theory asserted. Certificates of insurance will be issued upon request. AC<>RO® CERTIFICATE OF LIABILITY INSURANCE `� DATE (MM/DD/YYYY) 6/10/2015 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 Carmel Insurance Agency San Carlos 2 NW Of 8th P.O. BOX 6117 Carmel CA 93921 -6117 CONTACT NAM Monique ThanOS CIC PHONE (831) 624 -1234 F (831) 626 -4605 AD DRESS :moniquet @carmelinsurance.com INSU S AFFORDING COVERAGE NAIC p INSURERA-Colony Insurance Company LIMITS INSURED EMC Planning Group, Inc. 301 Lighthouse Avenue Suite C Monterey CA 93940 INSURER B Nationwide Mutual INSURER C: INSURER D: INSURER E $ 1,000,000 INSURER F: X COMMERCIAL GENERAL LIABILITY COVERAGES CERTIFICATE NUMBER-GL Prof- Auto 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. INTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY 1 NTE n SES (Ea $ 50, OQO A CLAIMS -MADE 7 OCCUR EPK302184 /1/2015 /1/2016 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 X Aggregate Limits Include Errors &Omissions GENERAL AGGREGATE $ 3,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 3,000,000 X, POLICY PRO LOC DEDUCTIBLE PER OCCURR $ 10,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMB 1,0001000 B % ANY AUTO CP3047177663 /1/2015 /1/2016 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS H PROPERTY DAMAGE Per accident) $ $ --­ - -- UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESSfJAB CLAIMS -MADE DED_ I RETENTION $- $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS LIABILITY Y / N TORY "M E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER. EXCLUDED? ❑ N /A E.L. DISEASE - EA EMPLOYE $ (Mandatary in NH) If yyes, describe under E DISEASE - POLICY LIMIT 1 $ ,DESCRIP_TION OF OPERATIONS below A Errors 6 Omissions Epr,302184 /1/2015 /1/2016 EACH CLAIM LIMIT 1,000,000 Retroactive Date 8/22/02 DEDUCTIBLE EACH CLAIM 10,000 DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES _(Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: Harvest Park bM Addendum #3, 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. The City of Gilroy Planning Division Melissa Durkin 7351 Rosanna Street Gilroy, CA 95020 25 (201 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 Little, CIC /MRT ©1988 -2010 ACORD CORPORATION_ All rights rP9PrvPA INS025 rgmnnss m Tho Arr1Rr1 namn nnA Innn aro ronieforoA mnrlrc of Arnpil EMC Planning Group, Inc. Policy #: ACP3047177663 Policy Term: 5101/15 to 5/01116 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 II of the Coverage Form. Copyright, Insurance Services Office, Inc., 1998 CA 20 48 (02 -99) EMC PLANNING GROUP, INC. Policy #EPK302184 5/1/15 - 5/1/16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 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 Ill — Who Is An Insured within the Common Policy Provisions is amended to include as an additional insured the person(s) or organizations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising irquryP caused, in whole or in part, by: 1. Your acts or omissions; or 2. The ads 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. I. 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.