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HomeMy WebLinkAboutEMC Planning Group - North Gilroy USA Amendment - Amendment No. 4FO U RT H A M E N D M ENT 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 30, 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 December 1, 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. CITY OF GILROY By: [signature] J. Edward Tewes [employee name] Interim City Administrator [title /department] Date: ZI 151 2j--) I S 4845- 8215 -55400 MDOLINGER104706083 EMC PLANN ING GROUPJNC. By: [signature Teri Wissler Adam [name] Vice President/Senior Principal [title] Date: Approved as to � I City Attorney 4845 - 8215- 5540v1 _2_ MDOLINGER104706083 F M C Planning for Success. November 30, 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 #4 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 Applied Development Economics be available to attend the City Council hearing on December 7. Applied Development Economics does not have hearing attendance included in its existing contract. EMC Planning Group has expended its original budget and requests additional funds to cover costs for the remainder of the project (completion of LAFCO application, City Council hearing attendance, LAFCO hearing attendance). Kristi Abrams, PE Gilroy Community Development Department Rovember 30, 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 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 Mingworth and Rodkin $4,550.00 Schaaf and Wheeler $3,200.00 EMC Planning Group Overhead (10 %) $1,151.00 Contract Amendment 4 Applied Development Economics $1,500.00 EMC Planning Group Overhead (10 %) $150.00 EMC Planning Group Additional Budget $18,200.00 Total Contract Amendment 4 $19,850.00 Total Contract Amount $618,668.40 Sincerely, Richard James, AICP Principal Planner Cc: Stephanie Gutowski CERTIFICATE OF LIABILITY INSURANCE DATE (MM1DDIYYI'1) 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 .r "IRESENTATiVE OR PRODUCER, AND THE CERTIFICATE HOLDER. If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject'to the terrnsand conditions of the policy, certain policies may require an endorsement. A statement on this certificate does hot confer rights to the certif c; ate holder In lieu of such endorsement(sl- --M --- monsqu e Thanos, CIC Carmel Insurance Agency PH ONE (831) 624 -1234 FAx San Carlos 2 NW of 8th EnAAIL (831) 62 P.O. Bo= 6117 .moniquet @carmelinsurance.com INSURERS AFFORDING COVERAGE Carmel. CA 93921 -6117 INSURERA:C010n Insurance Com an INSURED INsuRERs :Nationwide Mutual EMC Planning Group, Inc. INSURERC: 301 Lighthouse Avenue INSURER D: Suite C INSURER E: MonterqY CA 93940 OVERAvro 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 HER IS SUBJECT TO ALL THI TFlirnc CYr l i ICICN.4 ANn r`.nNrIITWINQ ne el Irru Drll Ir•Irc 1 ua �......r ....... ___...___. -_ ... ILTR _ D - - - ---•-. ...-•.• •.• �.+v� o r_rnlU L.LHIMA. TYPE OF INSURANCE POLICY NUMBER POLICY EFF M IDDMLM POLICY EXP nwiMmoNyyyj - WAITS - GENEFLALUABILITY $ 1,000,000 EACHOCCURRENCE X COMMERCIAL GENERAL LIABILITY DAMA aM PREMISES nce $ 50, 000 A CLAIMS -MADE a OCCUR P8302184 /1/2015 /1/2026 �[ Aggregate Limits include MED EXP � ale arson $ 5,000, PERSONAL & ADV INJURY $ 1,000,000 Errors S Omissions GENERAL AGGREGATE $ 3,000,0001 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOPAGG $ 3,000,0001 X POLICY PRO- LOC DEDUCTIBLE PER OCCURR $ 10,00 ITOMOSILE LIABILITY COMBINED SINGLE LIMIT _ = ANY AUTO $ CP3047177663 /1/2015 /1/2016 dent' 1 000 000 BODILY IWURY (Per person) $ SCHEDULED AUTOS AUTOS NON-OWNED D BODILY INJURY (Per acddent) $ HIRED AUTOS AUU`TOS PROPERTY DAMAGE $ (Per acc t UMBRELLA LIAR OCCUR $ EXCESSLJA13 CLAIMS -MADE EACH OCCURRENCE AGGREGATE $ OED RETENTION $ WORXERS COMPENSATION $ —" AND EMPLOYERS LIABILITY Y f N WC STATU OTH ANY PROPRIETORfPARTNERIEXECUTNE O E EXCLUDED? 0 NIA E.L. EACH ACCIDENT dataY m $___ E.L. DISEASE - EA EMPLOYE S yyeess pEgORIPTION under OPERATIONS below E.L DISEASE - POLICY LIMIT $— - A Errors 6 Omissions 8302184 /1/2015 /1/2016 Retroactive Date 8/22/02 EACH CLAIMLIMir 1,000,000 DEDUCTIBLE EACH CLAIM 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space 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 attached per endorsement EV242 -0312 and under the Auto Liability per attached endorsement CA2048 02/99. 10 Days notice of Cancellation for Non - Payment of Premium. - coTicirATI= urll n=o ,The City of Gilroy _./Planning Division 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. AUTHORIZED Little, CIC /tRtT ACORD 25 (2010/05) ©1988-2010 ACORD rights reserved. '`�`R V CERTIFICATE OF LIABILITY INSURANCE ° 7Je/2o1"s ' -- - - 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(Wit) must tie endopsed. If'SUBROGATION IS WAIVED, suoject 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 COM NTACT Monique ThanoS CIC r Carmel Insurance Agency PHONE (831) 624-1234 FAX :N : (831) 624 -4605 DDRES ,moniquet @carmelinsurance. c_om_ San Carlos 2 NW of 8th INSURERS AFFORDING COVERAGE NAIC tt P.O. Box 6117 INSURER ARe ublic Indemnity 9999 Carmel CA 93921 -6117 INSURED INSURER B: MED EXP (Any one person), INSURER C EMC Planning Group, Inc • INSURER D: $ 301 Lighthouse Avenue INSURER E: $ Suite C INSURER F: Monterey CA 93940 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. INSR TR I TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY.EFF IMMIDDNYYYI .POLICY EXP (MMtDOIYYYY1 LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑'OCCUR EACH OCCURRENCE $ DA MAGE T RENT MI E rt n $ MED EXP (Any one person), $ PERSONAL & ADV INJURY $ GENT AGGREGATE' LIMIT APPLIES PER RPOLICY F1 JET 7 LOC OTHER., GENERAL AGGREGATE $ PRODUCTS a COMP /OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Ea ccident $ BODILY INJURY (Per person) $ BODILY INJURY Per accident) $ PROPERTY DAMAGE Per ca d nt $ $ UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED 11 1 RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTiVE OFFICER/MEMBER EXCLUDED? '.� (Mandatory In NH) 0 es• describe,under DESCRIPTION OF OPERATIONS below NIA 18205505 7/10/2015 7/10/2016 % STA E ERH- T T E.L. EACH. ACCIDENT $ 1,000,000 E.L DISEASE = EA EMPLOYEE $ 1,600,000. E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / 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 r-m I Ii-nom r r- nvL-ucr% The City of Gilroy Planning Divison 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 /AAL7JC ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01). The ACORD name and logo are registered marks of ACORD INS(125 ontenll EMC PLANNING GROGr, 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 Q 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.