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HomeMy WebLinkAboutEMC Planning Group - North Gilroy USA Amendment - Amendment No. 36--,- THIRD 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: 1. The additional scope and fees identified in the November 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. 2. This Amendment shall be effective on November 3, 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. CITY OF GILROY By: [signature] J. Edward Tewes [employee name] Interim City Administrator [title /department] Date: l i 12-y 1 2-015 4845- 8215 -55400 MOOLINGER104706083 EMC PLANNING GROUP, G� RjOUP, INC. By: ---f& li & / &— _ ' [signature] Teri Wissler Adam [name] Vice President/Senior Principal J 22 J [title] / Date: / — r /S Approved as to Form � "ity Attorney 4845 - 8215- 5540v1 MDOLINGER104706083 -�J Planning for Success. November 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. The City has requested that four of our sub - consultants be available to attend the Planning Commission and City Council hearings; these sub - consultants do not have hearing attendance included in their existing contracts. Additionally, one of the sub - consultants has already attended an out -of -scope hearing, and that is included in this amendment as well. The following sub - consultants will be available for attendance at hearings: ■ AKEL Engineering Group (3 hearings) ■ Hexagon Transportation Consultants (2 hearings) ■ Illingworth and Rodkin (2 hearings) ■ Schaaf and Wheeler (2 hearings). The original contract, prior amendments, and this amendment request are summarized in the table below. Kristi Abrams, PE Gilroy Community Development Department November 4, 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 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 Contract Amendment 3 AKEL Engineering Group $2,160.00 Hexagon Transportation Consultants $1,600.00 Illingworth and Rodkin $4,550.00 Schaaf and Wheeler $3,200.00 EMC Planning Group Overhead (10 %) $1,151.00 Total Contract Amendment 3 $12,661.00 Total Contract Amount $598,818.40 Sincerely, Richard James, AICP Principal Planner Cc: Stephanie Gutowski ACG2090 CERTIFICATE OF LIABILITY INSURANCE 4D /30/ )DD/Yl'Y1� �./ ./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 BELOVV. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED SENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. L_.. SFZTANT: If the certificate holder is an ADDITIONAL,.INSURED, the policy(iss) must be endorsed. if SUBROGATION IS WAIVED, subject to the termsand 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., Mon_igue Thanos, CIC Carmel. Insurance Agency, PHONE ($31) 624-1234 FAX (831) 626 -4605 San Carlos 2 NW of 8th E-MAIL moniquet@ carmelinsurance . com ApOgEssm P.O. $o8 611.7 INSURERS AFFORDING COVERAGE NAIC f) Carmel CA 93921 -6117 INSURERA:Colony Insurance Company INSURED INSURERB:Nationwide Mutual EMC Planning Group, Inc. INSURER C: 301 LiLghthouse Avenue INSURER D: Suite C INSURER E : Monteir2X CA 93940 INSURER F: envFDAGES CFRTIFICATF NIIMRFR -GL - Prof- Auto DrVicinm NI IsaCCD. 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, EXCLUS IONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TN _SR TYPE OF INSURANCE POLICY NUMBER POLICY JEFF POLICY EXP p LIMITS GENERALLIABILITY EACH OCCURRENCE 1 $ 1,000, 000 A X COWERCIAL GENERAL LIABILITY CLAIMS -MADE 'a OCCUR EPK302184 /1/2015 /1/2016 TO RF-:NTEff- DAMAGE PREMISES cau n $ 50,000 MEDEXP An y one person $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 X Aiggrregate Limits Include Errors 6 Omissions GENERAL AGGREGATE $ 3,000,000 GEN -L AGGREGATE LIMIT APPLIES PER: PRODUCTS . COMP /OPAGG $ 3,000,000 $ pOLICY PRO LOC DEDUCTIBLE _PER OCCURR $ 10,000 j7OMOSILE E �_ LIABILITY ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS P3047177663 /1/2015 /1/2016 COMBINED SINGLE LIMIT c dent 1 000 000 BODILYINJURY(Perperson) $ BODILY IWURY (Per accident) $ PROPERTY' DAMAGE Per ac iden $ $ UMBRELLA LIAR HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS UAB DED RETENTION $ $ kANY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PROPRIETOR/ PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? Li (Mandatory In IN If yes describe under DESCRIPTION OF OPERATIONS below N f A WE STATU- OTH LIMITS E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ Azrrors 6 Omissions cPK302194 /1/2015 /1/2016 EACH CLAIM LIMIT 1,000,000 Retroactive Date 8/22/02 i DEDUCTIBLE EACH CLAIM 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is requiredl 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 DE_ LIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Little, CIC /MRT ©1988 =2010 ACORD CORPORATION. All riahts reserved. IMCfl961IMM�' M 'r6_ Af`f%nr%....__ --A I....w w... �.....wM....1 ...w.I... -8 ANAOn r EMC PLANNING GROUr, INC. Policy #EPK302184 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE iREAD.IT CAREFULLY. �. lirC11 101ZEK-010 o e - 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 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., Pagel 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) ACOR 7 a � CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 7/e/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 Monique Than03, CIC PHONE (831) 624 -1234 1 (F9, No; (831) 624 -4605 -MAIL ADDRESS.mon:Lquet@carinelinsutance.com INSURER(S) AFFORDING COVERAGE NAIL # INSURER ARe ublic Indemnity 9999 INSURED EMC Planning Group, Inc. 301 Lighthouse Avenue Suite C Monterey CA 93940 INSURER B : INSURER C: INSURER D : $ INSURER E: PREMI T Ea Noccurrence) I 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 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. INSR LTR TYPE OF INSURANCE ADDL UBR POLICY NUMBER POLICY EFF " POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FI OCCUR EACH OCCURRENCE $ PREMI T Ea Noccurrence) $ MED EXP (Any one person) $ PERSONAL S ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER POLICY 1-1 PRO- JECT ❑ LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP /OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS 0 .d.n IN LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA UAB EXCESS UAS OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROMEMBER EXCLUDEDCUTIVE � (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 18205505 7/10/2015 1 7/10/2016 S SEATUTE ORH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1'000'000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) 10 Days Notice of Cancellation Applies for non payment of premium The City of Gilroy Planning Division 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. AUTHORIZED REPRESENTATIVE Little, CIC /AAL M 19RR -201A ACORD CORPORATION_ All riahts reserved ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 onunnr