HomeMy WebLinkAbout2010 CON BRG Consulting - Amendment #1 Downtown Specific PlanFIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE
CITY OF NATIONAL CITY AND BRG CONSULTING, INC.
THIS FIRST AMENDMENT TO AGREEMENT is entered into on March 2, 2010 by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and BRG CONSULTING,
INC., a California corporation (the "CONSULTANT").
RECITALS
WHEREAS, on February 17, 2009, the CITY and the CONSULTANT entered into an
agreement for consultant services for the preparation of an environmental impact report and related
technical studies for an amendment to the Downtown Specific Plan; and
WHEREAS, the required traffic study was contingent on the outcomes of traffic modeling
in the adjacent Westside Specific Plan environmental impact report; and
WHERERAS, the completion of the traffic study was delayed due to the additional time
required to complete the adjacent traffic study for the Westside Specific Plan; and
WHEREAS, the CONSULTANT has completed the traffic study and refined the project
schedule to reflect a revised timeline.
NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
1. To adopt the revised Length of Agreement as described in Exhibit A.
With the forgoing exceptions, each and every provision of the AGREEMENT entered into on February 17,
2009 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the
date and year first above written.
CITY OF NATIONAL CITY
BRG CONSULTING, INC
(Corporation — signatures of two corporate officers required)
By: By:
Ron Morrison (Name)
Mayor
APPROVED AS TO FORM:
By:
George H. Eiser, III
City Attorney
Erich R. Lathers
(Print)
President
(Title)
Tim Gnibus
(Print)
Vice President
(Title)
February 10, 2010
BRG Task -by -Task Work Schedule
Environmental Review/Determination
Kickoff Meeting
Data Collection & Analysis
Draft Project Description
City Review Project Description
Final Project Description
Technical Reports
Screencheck Initial Study
City Review
Finalize Initial Study
Environmental Determination
Negative Declaration
Screencheck Draft Neg Dec
City Review
Public Review Draft Neg Dec
30-day Public Review
Responses
Draft MMRP
City Review
Finalize ND, MMRP
Environmental Impact Report
Draft Notice of Preparation
City Review
NOP Review Period
Scoping Meeting
Screencheck Draft EIR
City Review
Draft EIR
Public Review
Response to Comments
City Review
Screencheck Final EIR
Draft MMRP
Draft CEQA Findings
City Review
Final MMRP
Final CEQA Findings
Final EIR
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35
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45
14
7
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7
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7
Week 1 (2/23/09)
Week 3 (3/9/09)
Week 3 (3/9/09)
Week 4 (3/16/09)
Week 5 (3/23/09)
Week 1 through Week49 (2/23/09-1/19/10)
Week 5 through Week 50 (3/23/09-2/5/10)
Week 51 (2/12/10)
Week 52 (2/19/10)
Week 52 (2/19/10)
Week 54 (3/5/10)
Week 56 (3/19/10)
Week 57 (3/26/ 10)
Week61 (4/23/10)
Week 62 (4/30/10)
Week 63 (5/7/10)
Week 64 (5/14/10)
Week 65 (5/21 /10)
Week 54 (3/5/10)
Week 54 (3/5/10)
Week 55 through Week 59 (3/ 12/ 10-4/ 19/ 10)
(during NOP 30-day)
Week 60 (4/16/10)
Week 62 (5/1/10)
Week 63 (5/7/10)
Week 63 through Week 70 (5/7/10-6/25/10)
Week 72 (7/9/10)
Week 73 (7/16/10)
Week 74 (7/23/10)
Week 75 (7/30/10)
Week 75 (7/30/10)
Week 76 (8/6/10)
Week 77 (8/13/10)
Week 77 (8/13/10)
Week 77 (8/13/10)
AcSrini? ® CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Marrs Maddocks & Associates
Insurance Svcs, Inc. #0818269
1903 Wright Place, #280
Carlsbad CA 92008
Phone:760-804-0402 Pax:760-804-0942
OPIO VA
BRGCO-1 01/25/10
DATE DAIMON YYY)
THIS CERTIFICATE IS ISSUED AS A MATTE OF INFORMATIOP
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
90G Consulting, Inc.
ISan Diego CA 92101-2030
INSURERA: Rookhill Insurance Company
INSURERG: American Economy Ins Co,
INSURERG Oak River Insurance Co.
INSURER D:
28053
19690
34630
ENSURER E:
COVERAGES
THE
ANY
MAY
POUCIES.
INSAADDI
LTR
POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSRC
TYPEOF INSURANCE
--1523067EFFEL'i✓VEl17fLR
POLICY NUMBER
OAATE(MMIODfYYYr
A1TOW
DATE (MMIOD/YYYY)
LIMITS
A
X
GENERAL
X
LIAGIUTY
COMMERCIAL GENERAL LIABILITY
ICLAIMS MADE I] OCCUR
RPX0E00152601
01/20/10
01/20/11
EACH OCCURRENCE
$ 2000000
DAIG RENIED --
PREWSES(Eaowumnce)
S50000
MED EXP (AN( ow Person)
$5000
PERSONAL &AOV INJURY
$ 2000000
X
Professional
ocNCRALACCRCOArc
s 4000000
GENL AGGRE�GATE LINO APPLIES PER:
JI POLICY 1 2n LOC
PRODUCTS -COMiP/OP AGO
54000000
B
X
AUTOMOBR.E
X
_
X
X
J
LIAOILRY
ANYAUTo
ALL OWNED AUTOS
SCNEOlAE0AUT05
F* EL) AUTOS
NO)1-0WNEO AUTOS
02CD11526190
07/26/09
07/26/10
COMBINED SINGLE LIMIT
(Ea accident)
$1000000
BOOBY INJURY
(Per person)
DOOLLY INJURY
fPer accMor)
$
$
PROPERTY DAMAGE
(Par xc84 .)
S
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY. EAACCIOEHT
$
OTHER THAN EA ACC
AUTO OILY: A6C
5___^__
S
B
EXCESS I UMBRELLA LIABILITY
J OCCUR LJ CLNMSMADE
DEDUCTIBLE
RETENTION $
01XS14825340
07/26/09
07/26/10
EACH OCCURRENCE
51000000
AGGREGATE
$ 1000000
$
$
C
WORKER
AND EMPLOYERS'
ANYPROPRIETOR'PARTNERIEXECUTW
OFFID(Mang lory
{Male
SPYeEaA SPROV(n
SPECfAi PROVISONS
COMPENSATION
LIABILITY
2210001867-091
12/01/09
12/01/10
W[: SIAf U- OIH.
X TORY LIMITS 1 ER
E.L. EACH ACCIDENT
$ 1000000
M HI FXCLUDE07 _.1
b NHI
O* bebW
EL DODGE -EA EMPLOYEES
1000000
E.L. DISEASE•POLICY LIMIT
$ 1000000
A
OTHER
Professional
Claims Made
RPKGE00152601
01/20/10
01/20/11
Limit 2000000
Aggregate 4000000
DESCRIPTION
The
employees
CG2503(03/97).
*10
OF
City
OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
of National City its elected officials, officers, agents &
are named additional insured including Per Project Aggregate
Additional insured inn/ on Auto CA7110(3/07).
notice of cancellation for nonpayment of premium
day
CERTIFICATE HOLDER
City of National City
c/o City Attorney's Office
1243 National City Blvd.
National City CA 91950-4301
ACORD 25 (2009101)
NATCITY
SHOULD ANY OF THE ABOVE DESORteEO POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE WSUINO INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED YO T)IE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED a PaFAF�Ir
0 8 - 09 ACORD COR ORATION. All rights reserved.
The ACORD name and logo are registered marks o1 ACORD
POLICY NUMBER: RP1GE00152601 COMMERCIAL GENERAL LIABILITY
CO 25 03 03 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Designated Construction Projects: SCHEDULE
City of National City
c/o City Attorney's Office
1243 National City Blvd
National City, CA 91950
(If no entry appears above. Information required to complete thls endorsement will be shown In the Declarations as
applcabte to this endorsement.)
A. For all sums which the insured becomes Legally
obligated to pay as damages caused by
"occurrences" under COVERAGE A (SECTION
I), and for all medical expenses caused by
accidents under COVERAGE C (SECTION 1),
which can be attributed only to ongoing operations
at a single designated construction protect shown
in the Schedule above:
1. A separate Designated Construction Project
General Aggregate Limit applies to each
designated construction project, and that limit
is equal to the amount of the General
Aggregate Limit shown in the Declarations.
2. The Designated Construction Project General
Aggregate Limit is the most we will pay for the
sum of all damages under COVERAGE A,
except damages because of "bodily injury" or
"property damage" included in the
"products -completed operations hazard", and
for medical expenses under COVERAGE C
regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suite.
3. Any payments made under COVERAGE A
for damages or under COVERAGE C for
medical expenses shall reduce the
Designated Construction Project General
Aggregate Umit for that designated
construction project. Such payments shall
not reduce the general Aggregate Limit
shown in the Declarations nor shall they
reduce any other Designated Construction
Project General Aggregate Urnit for any
other designated construction project shown
in the Schedule above.
4. The limits shown in the Declarations for Each
Occurrence, Fire Damage and Medical
Expense continue to apply. However, instead
of being subject to the General Aggregate
Limit shown in the Declarations, such limits
will be subject to the applicable Designated
Construction Project General Aggregate
Limit.
B. For all sums which the Insured becomes legally
obligated to pay as damages caused by
"occurrences" under COVERAGE A (SECTION
I),and for all medical expenses caused by
accidents under COVERAGE C (SECTION 1),
which cannot be attributed only to ongoing
operations at a single designated construction
project shown in the Schedule above:
CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2
`rco
insurance
COMMERCIAL AUTO
CA71100307
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE FIEAD IT CAREFULLY.
AUTO PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following;
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement; the provisions of the Coverage Form apply unless
modified by the endorsement.
EXTENDED CANCELLATION CONDITION BLANKET ADDITIONAL INSURED
Paragraph 2.b. of the CANCELLATION Common
Policy Condition is replaced by the following:
b. 60 days before the effective date of cancellation
if we cancel for any other reason.
TEMPORARY SUBSTITUTE AUTO — PHYSICAL
DAMAGE COVERAGE
Under paragraph C. — CERTAIN TRAILERS, MO-
BILE EQUIPMENT AND TEMPORARY SUBSTffUTE
AUTOS of SECTION 1 — COVERED AUTOS, the
following is added:
If Physical Damage coverage is provided by this Cov-
erage Form, then you have coverage for:
Any "auto" you do not own while used with the per-
mission of its owner as a temporary substitute for a
covered "auto' you own that is out of service be-
cause of its breakdown, repair, servicing, 'loss" or
destruction,
BROAD FORM NAMED INSURED
SECTION 11 — LIABILITY COVERAGE — A.1. WHO
IS AN INSURED provision is amended by the addition
of the following:
d. Any business entity newly acquired or formed by
you during the policy period provided you own
50% or more of the business entity and the
business entity is not separately insured for
Business Auto Coverage. Coverage is extended
up to a maximum of 180 days following acquisi-
tion or formation of the business entity. Coverage
under this provision is afforded only until the end
of the policy period.
SECTION 11 — LIABILITY COVERAGE — A.1. WHO
IS AN INSURED provision is amended by the addition
of the following:
e. Any person or organization for whom you are re-
quired by an insured contract" to provide insur-
ance is an "insured", subject to the following
additional provisions:
(1) The 9osurecl contract" must be in effect
during the policy period shown in the Decla-
rations, and must have been executed prior
to the "bodily injury" or "property damage".
(2) This person or organization is an insured"
only to the extent you are liable due to your
ongoing operations for that insured, whether
the work is performed by you or for you, and
only to the extent you are held liable for an
"accident" occurring while a covered "auto"
is being driven by you or one of your em-
ployees.
There is no coverage provided to this person
or organization for "bodily injury" to its em-
ployees, nor for "property damage" to its
property.
(A) Coverage for this person or organization
shall be lirnited to the extent of your negli-
gence or fault according to the applicable
principles of comparative negligence or fault.
The defense of any claim or "suit" must be
tendered by this person or organization as
soon as practicable to all other insurers
which potentially provide insurance for such
claim or "suit".
(3)
(5)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 1997
Saino and ire Saba by au: r0yltoed vadv"mt: er $0°o ✓.rmraM r
CA 71 10 03 07 Page t of 0 EP
(6) The coverage provided will not exceed the
lesser of:
(a) The coverage and/or limits of this policy;
or
(b) The coverage and/or limits required by
the insured contract".
(7) A person's or organization's status as an
Insured" under this subparagraph d ends
when your operations for that 'Snsured" are
completed.
EMPLOYEE AS INSURED
Under Paragraph A. of Section H — LIABILITY COV-
ERAGE item f. is added as follows:
Your "employee" while using his owned "auto", or an
"auto" owned by a member of his or her household,
in your business or your personal affairs, provided you
do not own, hire or borrow that "auto". This coverage
is excess to any other collectible insurance coverage.
FELLOW EMPLOYEE COVERAGE
Fxr•.h,sinn 5. FFI I OW FMPI OYFF of SECTION II —
LIABILITY COVERAGE — B. EXCLUSIONS is
amended by the addition of the following:
However, this exclusion does not apply if the "bodily
injury" results from the use of a covered "auto" you
own or hire, and provided that any coverage under
this provision only applies in excess over any other
collectible insurance.
BLANKET WAIVER OF SUBROGATION
We waive the right of recovery we may have for pay-
ments made for "bodily injury" or "property damage"
on behalf of the persons or organizations added as
"insureds" under Section II --- LIABILITY COVERAGE
— A.1.D. BROAD FORM NAMED INSURED and
A.1.e. BLANKET ADDITIONAL INSURED.
PHYSICAL DAMAGE — ADDITIONAL TRANS-
PORTATION EXPENSE COVERAGE
The first sentence of paragraph A.4. of SECTION 111
— PHYSICAL DAMAGE COVERAGE is amended as
follows:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense incurred
by you because of the total theft of a covered "auto"
of the private passenger type.
PERSONAL EFFECTS COVERAGE
A. SECTION Ill — PHYSICAL DAMAGE COVER-
AGE, A.4. COVERAGE EXTENSIONS, is
amended by adding the following:
c. Personal Effects Coverage
For any Owned "auto" that is involved in a
covered "loss", we will pay up to $500 for
"personal effects" that are lost or damaged
as a result of the covered "toss", without
applying a deductible.
EXTRA EXPENSE — BROADENED COVERAGE
Paragraph A. — COVERAGE of SECTION III —
PHYSICAL DAMAGE COVERAGE is amended to
add:
5, We will pay for the expense of returning a stolen
covered "auto" to you.
AIRBAG COVERAGE
Under paragraph B. — EXCLUSIONS of SECTION 1I1
— PHYSICAL DAMAGE COVERAGE, the loliowing is
added:
The exclusion relating to mechanical breakdown does
not apply to the accidental discharge of an airbag.
NEW VEHICLE REPLACEMENT COST
Under Paragraph C — LIMIT OF INSURANCE of
Section III -- PHYSICAL DAMAGE COVERAGE sec-
tion 2 is amended as follows:
2. An adjustment for depreciation and physical con-
dition will be made in determining actual cash
value in the event of a totat Toss. However, in the
event of a total loss to your "new vehicle" to
which this coverage applies, as shown in the
declarations, we will pay at your option:
a. The verifiable "new vehicle" purchase price
you paid for your damaged vehicle, not in-
cluding any insurance or warranties pur-
chased;
b. The purchase price, as negotiated by us, of
a new vehicle of the same make, model and
equipment, not including any furnishings,
parts or equipment not installed by the
manufacturer or manufacturer's dealership.
II the same model is not available pay the
purchase price of the most similar model
available;
Page 2d5
c. The market value of your damaged vehicle,
not including any furnishings, parts or equip-
ment not installed by the manufacturer or
manufacturer's dealership.
This coverage applies only to a covered "auto"
of the private passenger, light truck or medium
truck type (20,000 lbs or less gross vehicle
weight) and does not apply to initiation or set up
costs associated with loans or leases.
TWO OR MORE DEDUCTIBLES
Under SECTION III -- PHYSICAL DAMAGE COV-
ERAGE, if two or more "company" policies or cover-
age forms apply to the same accident, the following
applies to paragraph D. Deductible:
a. If the applicable Business Auto deduct-
ible is the smaller (or smallest) deduct-
ible it will be waived; or
b. If the applicable Business Auto deduct-
ible is not the smaller (or smallest) de-
ductible it will be reduced by the amount
of the smaller (or smallest) deductible;
or
c. If the loss involves two or more Busi-
ness Auto coverage forms or policies
the smaller (or smallest) deductible will
be waived.
For the purpose of this endorsement
"company" means:
a. Safeco Insurance Company of America
b. American States Insurance Company
c. General Insurance Company of America
d. American Economy Insurance Company
e. First National Insurance Company of
America
f. American States Insurance Company of
Texas
g. American States Preferred Insurance
Company
h. Safeco Insurance Company of Illinois
LOAN/LEASE GAP COVERAGE
Under paragraph C — LIMIT OF INSURANCE of
SECTION 111 — PHYSICAL DAMAGE COVERAGE,
the following is added:
4. The most we will pay for a total loss" in anyone
"accident" is the greater of the following, subject
to a $1,500 maximum limit:
(5)
(6)
a. Actual cash value of the darnaged or stolen
property as of the time of the "loss", less an
adjustment for depreciation and physical
condition; or
b. Balance due under the terms of the loan or
lease that the damaged covered "auto" is
subject to at the time of the "loss", less any
one or all of the following adjustments:
(1)
(2)
(3)
Overdue payment and financial
penalties associated with those
payments as of the date of the
"loss".
Financial penalties imposed under a
lease due to high mileage, exces•
sive use or abnormal wear and tear,
Costs for extended warranties, Cre-
dit Life Insurance, Health, Accident
or Disability Insurance purchased
with the loan or lease.
(4) Transfer or rollover balances from
previous loans or leases.
Final payment due under a "Balloon
Loan" -
The dollar amount of any
un-repaired damage that occurred
prior to the "total loss" of a covered
"auto".
(7) Security deposits not refunded by a
lessor.
All refunds payable or paid to you
as a result of the early termination
of a lease agreement or any war -
rarity or extended service agree-
ment on a covered "auto".
(81
(9)
Any amnrint representing taxes.
(10) Loan or lease termination fees
GLASS REPAIR — WAIVER OF DEDUCTIBLE
Under paragraph D. — DEDUCTIBLE of SECTION III
— PHYSICAL DAMAGE COVERAGE, the following is
added:
No deductible applies to glass damage if the glass is
repaired rather than replaced.
AMENDED DUTIES IN THE EVENT OF ACCI-
DENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITION 2.a. —
DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
SUIT OR LOSS — of SECTION IV — BUSINESS
AUTO CONDITION$ that you must notify us of an
CA 71 10 03 07 Page 3 of 5 - EP
"accident" applies only when the "accident" is known
to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
{3) An executive officer or insurance manager, if you
are a corporation.
UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
SECTION IV — BUSINESS AUTO CONDITIONS —
13,2. is amended by the addition of the following:
If you unintentionally fail to disclose any hazards ex-
isting at the inception date of your policy, we will not
deny coverage under this Coverage Form because of
such failure. However, this provision does not affect
our right to collect additional premium or exercise our
right of cancellation or non -renewal.
HIRED AUTO — LIMITED WORLD WIDE COVER-
AGE
Under Section IV — Business Conditions, Paragraph
B.7.b.e(1) is replaced by the following:
(1) The "accident" or "loss" results
from the use of an "auto" hired for
30 days or Less.
RESULTANT MENTAL ANGUISH COVERAGE
SECTION V — DEFINITIONS — C. is replaced by the
following:
"Bodily injury" means bodily injury, sickness or dis-
ease sustained by a person including mental anguish
or death resulting from any of these.
HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability cov-
erage and if Comprehensive, Specified Causes of
Loss or Collision coverages are provided under this
Coverage Form for any "auto" you own, then the
Physical Damage Coverages provided are extended
to "autos" you hire or borrow.
The most we will pay for loss to any hired "auto" is
$50,000 or Actual Cash Value or Cost of Repair,
whichever is smallest, minus a deductible. The de-
ductible will be equal to the largest deductible appli-
cable to any owned "auto" of the private passenger
or light truck type for that coverage. Hired Auto Phy-
sical Damage coverage is excess over any other col-
lectible insurance. Subject to the above limit,
deductible and excess provisions, we wil provide
coverage equal to the broadest coverage applicable
to any covered "auto" you own.
HIRED AUTO PHYSICAL DAMAGE COVERAGE —
LOSS OF USE
SECTION III — PHYSICAL DAMAGE A.4.b. Form
does not apply.
Subject to a maximum of $1,000 per accident, we will
cover loss of use of a hired "auto" if it results from
an accident, you are legally liable and the lessor in-
curs an actual financial loss.
RENTAL REIMBURSEMENT COVERAGE
A. We will pay for rental reimbursement expenses
incurred by you for the rental of an "auto" be-
cause of a covered "loss" to a covered "auto".
Payment applies in addition to the otherwise ap-
plicable amount of each coverage you have on a
covered "auto". No deductibles apply to this
coverage.
B. We will pay only for those expenses incurred
during the policy period beginning 24 hours after
the "loss" and ending, regardless of the policy's
expiration, with the lesser of the following number
of days:
1. The number of days reasonably required to
repair or replace the covered "auto". If
"loss" is caused by theft, this number of
days is added to the number of days it takes
to locate the covered "auto" and return it to
you.
2. 30 days.
C. Our payment is limited to the lesser of the fol-
lowing amounts:
1. Necessary and actual expenses incurred.
2. $50 per day.
D. This coverage does not apply while there are
spare or reserve "autos" available to you for your
operations.
E. If "loss" results from the total theft of a covered
"auto" of the private passenger type, we will pay
under this coverage only that amount of your
rental reimbursement expenses which is not al-
ready provided for under the PHYSICAL DAM-
AGE COVERAGE Coverage Extension.
F. The Rental Reimbursement Coverage described
above does not apply to a covered "auto" that is
described or designated as a covered "auto" on
Pape 4 of 6
Rental Reimbursement Coverage Form
CA 99 23.
AUDIO, VISUAL AND DATA ELECTRONIC
EQUIPMENT COVERAGE
A. Coverage
1. We will pay with respect to a covered "auto"
for "loss" to any electronic equipment that
receives or transmits audio, visual or data
signals and that is not designed solely for the
reproduction of sound. This coverage applies
only if the equipment is permanently installed
in the covered "auto" at the time of the
"loss" or the equipment is removable from a
housing unit which is permanently installed
in the covered "auto" at the lime of the
"toss", and such equipment is designed to
be solely operated by use of the power from
the 'auto's" electrical system, in or upon the
covered "auto".
2. We will pay with respect to a covered "auto"
for "loss" to any accessories used with the
electronic equipment described in paragraph
A.1. above.
However, this does not include tapes,
records or discs.
3. If Audio, Visual and Data Electronic Equip-
ment Coverage form CA 99 60 or CA 99 94
is attached to this policy, then the Audio, Vi-
sual and Data Electronic Equipment Cover-
age described above does not apply.
B. Exclusions
The exclusions that apply to PHYSICAL DAM-
AGE COVERAGE, except for the exclusion relat-
ing to Audio, Visual and Data Electronic
Fquipment, akn apply to this coverage. In addi-
tion, the following exclusions apply:
We will not pay for either any electronic equip-
ment or accessories used with such electronic
equipment that is:
1. Necessary for the normal operation of the
covered "auto" for the monitoring of the
covered "auto's" operating system; or
2. Both:
a, an integral part of the same unit housing
any sound reproducing equipment de-
signed solely for the reproduction of
sound if the sound reproducing
equipment is permanently installed in
the covered "auto"; and
b. permanently installed in the opening of
the dash or console normally used by
the manufacturer for the installation of a
radio.
C. Limit of Insurance
With respect to this coverage, the LIMIT OF IN-
SURANCE provision of PHYSICAL DAMAGE
COVERAGE is replaced by the following.
1. The most we will pay for "loss" to audio, vi-
sual or data electronic equipment and any
accessories used with this equipment as a
result of any one "accident" is the lesser of:
a. The actual cash value of the damaged
or stolen property as of the lime of the
loss"; or
b. The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality.
c. $1,000.
2. An adjustment for depreciation and physical
condition will be made in determining actual
cash value at the time of the "loss".
3. if a repair or replacement results in better
than Like kind or quality, we will not pay for
the amount of the betterment.
D. Deductible
1. If "loss" to the audio, visual or data elec-
tronic equipment or accessories used with
this equipment is the result of a loss" to the
covered "auto" under the Business Auto
Coverage Fonn's Comprehensive or Colli-
sion Coverage, then for each covered "auto"
our obligation to pay for, repair, return or re-
place damaged or stolen property will be re-
duced by the applicable deductible shown in
the Declarations. Any Comprehensive Cov-
erage deductible shown in the Declarations
does not apply to "loss" to audio, visual or
data electronic equipment caused by fire or
lightning.
2. If "loss" to the audio, visual or data elec-
tronic equipment or accessories used with
this equipment is the result of a loss" to the
covered "auto" under the Business Auto
Coverage Form's Specified Causes of Loss
Coverage, then for each covered "auto" our
obligation to pay for, repair, return or replace
damaged or stolen property will be reduced
by a $100 deductible.
3. If loss" occurs solely to the audio, visual or
data electronic equipment or accessories
used with this equipment, then for each cov-
ered "auto" our obligation to pay for, repair,
CA 71 10 CG 37 Page 5 of 6 EP
return or replace damaged or stolen properly
will be reduced by a $100 deductible.
4. In the event that there is more than one ap-
plicable deductible, only the highest deduct-
ible will apply. In no event will more than one
deductible apply.
SECTION V — DEFINITIONS is amended by adding
the following:
Pao U of 6
R.
R.
Personal effects" means your tangible
property that is worn or carried by you, ex-
cept for tools, jewelry, money, or securities,
"New vehicle" means any "auto" of which
you are the original owner and the "auto"
has not been previously fitted and is less
than 365 days past the purchase date.
Oak River Insurance Company
PO Box 881236, San Francisco, CA 94188 Phone: (888) 495-8949 Fax: (866) 228-4613
Marrs Maddocks & Associates Insurance Services, Inc.
Marrs Maddocks & Associates Ins. Services, Inc. (Carlsb
1903 Wright Place Suite 280
Carlsbad, CA 92008
ATTACHED ARE DOCUMENTS FOR THE FOLLOWING NAMED INSURED:
BRG CONSULTING, INC.
DBAs: See extension page On policy
304 IVY STREET
SAN DIEGO, CA 92101
The following documents provide details for the following endorsement:
Subro Waiver Endorsement (Blanket)
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10A (Ed 07-07)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA
BLANKET BASIS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
The additional premium for this endorsement shall be 2.00 % of the total policy premium otherwise due on such
remuneration.
The minimum premium for this endorsement is $ lsn nn
Schedule
Person or Organization
ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS
ISSUED
Job Description
ALL CALIFORNIA OPERATIONS
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is Issued subsequent to preparation of the policy.)
Endorsement Effective 12/01/2009 Policy No. 2200001867-091
Insured BRG CONSULTING, INC.
insurance Company
Oak River Insurance Company
WC 99 0410A
(Ed 07-07)
Endorsement No. 1
Premium $
Countersigned by
RESOLUTION NO. 2010 — 29
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING THE FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF NATIONAL CITY AND BRG CONSULTING, INC., FOR
THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT
AND RELATED TECHNICAL STUDIES FOR AN AMENDMENT
TO THE DOWNTOWN SPECIFIC PLAN
(Case No. SP-2005-3) (Applicant: Library Village South, Inc.)
WHEREAS, on February 17, 2009, the City and BRG Consulting, Inc., entered
into an agreement for consultant services for the preparation of an environmental impact report
and related technical studies for an amendment to the Downtown Specific Plan; and
WHEREAS, the required traffic study was contingent on the outcome of traffic
modeling in the adjacent Westside Specific Plan Environmental Impact Report; and
WHEREAS, the completion of the traffic study was delayed due to the additional
time required to complete the adjacent traffic study for the Westside Specific Plan; and
WHEREAS, the BRG Consulting, Inc., has completed the traffic study and refined
the project schedule to reflect a revised timeline.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the First Amendment to Agreement
between the City and BRG Consulting, Inc., to prepare an environmental impact report and
related technical studies for an amendment to the Downtown Specific Plan. Said First
Amendment is on file in the office of the City Clerk.
PASSED and ADOPTED this 2nd day of March, 2110.
on Morrison,
ATTEST:
MiEheel R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
ayor
Passed and adopted by the Council of the City of National City, California, on March 2,
2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City lerk of the Ci of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-29 of the City of National City, California, passed and adopted
by the Council of said City on March 2, 2010.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
cOOS-
MEETING DATE: March 2, 2010
AGENDA ITEM NO. 10
TEM TITLE:
A Resolution of the City Council of the City of National City Approving the First Amendment to the
Agreement Between the City and BRG Consulting, Inc. to Revise the Length of the Agreement for the
Preparation of an Environmental Impact Report and Related Technical Studies for an Amendment to
the Downtown Specific Plan (Case No. SP-2005-3) (Library Village South, Inc.)
PREPARED BY: Raymond Pe, DEPARTMENT: Comm evelopment
PHONE: 336-4421 APPROVED
EXPLANATION:
On February 17, 2009, the City Council authorized the Mayor to execute an agreement with BRG
Consulting, Inc. for consultant services for the preparation of an environmental impact report or negative
declaration related to an amendment of the Downtown Specific Plan. The proposed specific plan
amendment would add three half -blocks east of Roosevelt Avenue, south of Civic Center Drive, and
north of 16th Street to the Downtown Specific Plan. The agreement scope of services includes the
preparation of a traffic study, which was contingent on the traffic model for the adjacent Westside
Specific Plan EIR. The work on the traffic study was unavoidably delayed due to the additional time
required to complete the adjacent traffic study for the Westside Specific Plan. The consultant has
completed the traffic study and refined the project schedule to reflect a revised timeline.
The proposed resolution would authorize the Mayor to execute the amended agreement with BRG
onsulting, Inc. to revise the length of the agreement to reflect the revised project timeline.
FINANCIAL STATEMENT:
ACCOUNT NO. Not applicable.
ENVIRONMENTAL REVIEW:
Not applicable.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the resolution.
BOARD / COMMISSION RECOMMENDATION:
Not applicable.
ATTACHMENTS: rEso�k.)-\\oN No. raos,o-aq
1. Resolution
2. Agreement
Hilcorti.ciRATto
March 10, 2010
Mr. Tim Gnibus
BRG Consulting, Inc.
304 Ivy Street
San Diego, CA 92101
Dear Mr. Gnibus,
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone • 619-336-4229 fax
On March 2nd, 2010, Resolution No. 2010-29 was passed and adopted by the
City Council of the City of National City, approving execution of first amendment
to an agreement with BRG Consulting, Inc.
We are enclosing for your records a certified copy of the above Resolution and a
fully executed original amendment.
Michael R. Dalla, CMC
City Clerk
Enclosures
cc: Community Development Commission