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HomeMy WebLinkAboutEMC Planning Group - North Gilroy USA Amendment - Amendment No. 2SECOND AMENDMENT TO EMC PLANNING GROUP, INC NGND USA EIR AND LAFCO SERVICES AGREEMENT WHEREAS, the City of Gilroy, a municipal corporation ( "City "), and EMC Planning Group, Inc. entered into that certain agreement entitled Staff Support USA Amendment Application Services Agreement, effective on 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: I. Article I Term of Agreement of the Original Agreement shall be amended to read as follows: This Agreement will become effective on December 1, 2014 and will continue in effect through September 30, 2016 unless terminated in accordance with the provisions of Article 7 of this Agreement. 2. The additional scope and fees identified in the September 3, 2015 letter to Kristi Abrams, Community Development Director from Richard James, Principal Planner for EMC Planning Group, Inc. to be included as part of the Original Agreement. 3. This Amendment shall be effective on September 5, 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 dates set forth besides their signatures below. C IT UA Thomas J. Haglund [employee name] City Administrator [title /department] Date: i 0 A (c/ 1S 4845 - 8215 -55400 MDOLINGER104706083 v1C PLANNING GROUP, INC. wgt�-M 4ZLall [si gndtu e Teri Wissler Adam Date: [name] Vice President/Senior Principal / [title] —/S/ Approved as to Form City Attorney 4845- 8215- 5540v1 _2_ MDOLINGER104706083 F. M C Planning for Success. September 3, 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 #3 Dear Kristi: This is a request to amend our North Gilroy Neighborhood Districts Urban Service Area Amendment project services contract with the City. Tasks have come to light that require additional scope and budget for two of our sub - consultants as outlined below, and summarized in a table. These requests were originally submitted in letters dated June 4, 2015 and July 6, 2015. This letter supersedes those letters. In addition, the original term of the contract needs to be extended. Fiscal Report Additions. The City has requested a more detailed analysis of a potential Community Facilities District (CFD) to mitigate fiscal impacts of the project on the City. In addition, the City has requested further detail on potential mitigation for impacts to County services and specifically to County health services. The full scope of work is presented in Attachment 1. Traffic Report Additions. The City requested analysis of two intersections at U.S. Highway 101 be added to the scope of work for the traffic impact analysis. The full scope of work is presented in Attachment 2. Extension of Term. We request that the termination date for the contract be extended to September 30, 2016 to accommodate the project schedule. Knsti Abrams, PE Gilroy Community Development Department September 3, 2015, Page 2 The following table summarizes the costs associated with the requested amendments. Original Contract Amount $532,697.40 Contract Amendment 1 Schaaf and Wheeler $3,000.00 (completed) Hexagon Transportation Consultants $16,500.00 EMC Planning Group Overhead (10 %) $1,950.00 Total Contract Amendment 1 $21,450.00 Contract Amendment 2 Extension of term to September 30, 2016 $0.00 Applied Development Economics $6,100.00 Hexagon Transportation Consultants $3,500.00 EMC Planning Group Overhead (10 %) $960.00 Current Request Amount $10,560.00 Total Contract Amount $564,707.40 Sincerely, Richard James, AICP Principal Planner Cc: Stephanie Gutowski Attachments: ADE Scope of Work Hexagon Scope of Work APPLIED DEVELOPMENT ECONOMICS May 18, 2015 Mr. Richard James, AICP, Principal Planner EMC Planning Group 301 Lighthouse Avenue, Suite C Monterey, CA 93940 Subject: Contract Amendment for North Gilroy Neighborhood District Fiscal Analysis Dear Richard: The City of Gilroy has requested several additions to the scope of work for our fiscal analysis of the North Gilroy Neighborhood District proposal, partly in response to the peer review conducted by PMC. Specifically, the City has requested a more detailed analysis of a potential Community Facilities District (CFD) to mitigate fiscal impacts of the project on the City. In addition, the City has requested further detail on potential mitigation measures for impacts to County services and specifically to County health services. We estimate the additional budget needed to comply with these requests as follows: 1. CFD Analysis - $4,000 2. County Mitigation Analysis - $1,400 3. County Health Services Analysis - $700 We understand the completed fiscal analysis will be needed for the LAFCo application process, anticipated for July of this year. Please do not hesitate to contact me with any questions regarding this budget amendment request. Sincerely, Doug Svensson, AICP President 255 Ygnacio Valley Road, Suite 200, Walnut Creek, CA 94596 ■ Tel 925.934.8712 99 Pacific Street, #200 J, Monterey, CA 93940 ■ 831.324.4896 www.adeusa.com HRAW TRANSPORTATION CONSULTANTS, INC. July 6, 2015 Mr. Richard James EMC Planning Group 310 Lighthouse Ave, Suite C Monterey, CA 93940 Re: Additional Services for the North Central Gilroy USA Amendment Traffic Analysis Dear Mr. James: This proposal outlines the additional services that have been requested by the City for the traffic study work associated with the North Central Gilroy Urban Services Area amendment project. Additional Study Intersections and Interchange Analysis — In response to the peer review letter on the traffic study for this project, we evaluated the assignment of project trips at the additional freeway interchanges requested to be studied by Caltrans using the City's travel demand model. The model volume projections show that the assignment of project trips at US 101/Tennant Avenue and US 101 /Monterey Road is relatively low and would not justify adding those interchanges to the analysis. However, the assignment of project trips at the US 101/10"' Street interchange includes a noticeable amount of traffic, which could justify studying that interchange. Therefore, we will add the following intersections to the traffic analysis: 1. US 101 SB Ramps and 10"' Street 2. US 101 NB Off -Ramp and Pacheco Pass Highway These locations will be added to the intersection level of service analysis included in the traffic stud 9- Additionally, we will conduct an analysis of freeway ramp operations and queuing at the US 101/10 Street interchange, per Caltrans requirements, and will document that in the traffic study. We will update the report tables and figures accordingly and will revise the report write -up to include the expanded study area. We estimate an additional budget of $3,500 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. Jeffrey A. Elia Principal APPROVED AND ACCEPTED BY: (Signature) (Printed Name and Title) (Date) Authorized to Execute Agreements for: EMC Planning Group 8070 Santa Teresa Boulevard, Suite 230 • Gilroy, California 95020 • phone 408.846.7410 • fax 408.846.7418 • www.hextrans.com CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D °"YYY' �� 4/30/2015 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 - "?,RESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER. �.... OF; TANT- if the certificate holder is an ADDITIONAL INSURED, the policy((es) 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 NAME: ' Monique Thanos, CIC Carmel Insurance Agency PHONE (031) 624 -1234 Fax (031) 1594-4605 San Carlos 2 NW of 8th E-MAIL ADDRES_& p . O . $oX 6117 INSURERS AFFORDING COVERAGE NAIC A Carmel CA 93921 -6117 INSURERAColony Insurance Company INSURED INSURER a.-Nationwide Mutual EMC P]Laaning Group, Inc. 301 L1ghthouse Avenue Suite C �MontereY CA 93940 1 INSURER F: rnvcoAGES CERTIFICATE NUMRER!GL - Prof- Auto RFVISinN NIIMBER- 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 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR LTR TYPE OF INSURANCE O POLICY NUMBER POLICY EFF POLICY EXP LIMITS GENERALUABILITY EACH OCCURRENCE $ 1,000,000 A X COMLIERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EPK302184 /1/2015 /1/2016 EMI E ocda n $ 50,000 MEDEXP (Any one person) $ 5,000 PERSONAL BADVINJURY $ 1,000,000 X _Aggregate Limits Include Errors 6 Omissions GENERAL AGGREGATE $ 3,000,000 GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMFIOP AGG $ 3,000,000 X POLICY PRO LOC DEDUCTIBLE PEROCCURR $ 10,000 '.ITOMOBILE LIABILITY � ! ANY AUTO B ALL OWNED SCHEDULED AUTOS AUTOS P3047177663 /1/2015 /1/2016 COMBINED SINGLE LIMIT acdden 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ NON -OWNED HIREDAUTOS AUTOS PROPERTY DAMAGE $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ F,(CESS LUU3 DED RETENTION $ $ WORKERS COMPENSATION WC STATU- I OTH-, TORY I IMITS EEL AND EMPLOYERS LIABILnY YIN ANY PROPRIETOR/PARTNERIEXECUTNE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) NIA, E.L. EACH ACCIDENT $ E.L..DISEASE - EA EMPLOYE $- If yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Errors & Omissions UDK302184 /1/2015 /1/2016 EACH CLAIMUMT 1,000,000 Retroactive Date 8/22/02 DEDUCTIBLE EACH CLAIM 10,000 DESCPjIMON OF OPERATIONS l LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) RE: Rancho 101 USA Amendment 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. ,The City of Gilroy Planning Divison Melissa Durkin 7351 Rosanna Street Gilroy, CA 95020 ACORD 25 (2010105) 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 rlahts reserved. IMCA9G,�-nN n4 Tr.., Annnn ......... ­I rte... ..._..........a......+.— .,.r... —a Annon EMC PLANNING GROUr, INC. Policy #EPK302184 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 111— 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 #: ACP3047177663 Policy Term: 5/01/15 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) ® A�coRO CERTIFICATE OF LIABILITY INSURANCE DATE(MNUDD/YYYY) 7/8/2015 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) most be endorsed. If SUBROGATION IS 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 endorsement(s). PRODUCER Carmel Insurance Agency San Carlos 2 NW Of 8th P.O. BOX 6117 Carmel CA 93921 -6117 CT Monique Thanos, CIC PHONE (831) 624 -1234 A"C No); (831) 624 -4605 LAIC No E4 ESS :mOn].Quet@CarmellnSUranCe.COm INSURERS AFFORDING COVERAGE NAIC 0 INSURER ARe ublic Indemnity 9999 INSURED EMC Planning Group, Inc. 301 Lighthouse Avenue Suite C Monterey CA 93940 INSURER B: INSURERC: INSURER 0: $ INSURER E: PREMISES (Ea occurrence ) 1 INSURER F: COVERAGES CERTIFICATE NUMBER:15 /16 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 B POLICY NUMBER POLICY EFF D POLICY EXP MMIDD LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE F7 OCCUR EACH OCCURRENCE $ PREMISES (Ea occurrence ) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 1:1 j PRO- F LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP /OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE scold Per PERT nt $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below ,NIA 18205505 7/10/2015 7/10/2016 X STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) 10 Days Notice of Cancellation Applies for non payment.of premium The City of Gilroy Planning Divison Melissa Durkin 7351 Rosanna Street Gilroy, CA 95020 ACORD 25 (2014/01) INCn9F ron +erne 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 /AAL U 19SS -2014 AGUKU1 GUIiPUKA I JUN. All rlgnis reservea. The ACORD name and logo are registered marks of ACORD