T&B Planning, Inc.-2019-26 2019-26
AMENDMENT NO. 2
TO AGREEMENT FOR CONSULTANT SERVICES
This AMENDMENT NO. 2 TO AGREEMENT FOR CONSULTANT SERVICES
("Amendment No. 2") by and between the CITY OF GRAND TERRACE, a municipal
corporation ("City") and T&B PLANNING, INC., a California corporation ("Consultant") is
effective as of the 23rd day of July 2019.
RECITALS
A. City and Consultant entered into that certain Agreement for Consultant Services
dated September 12, 2017 ("Agreement") whereby Consultant agreed to provide environmental
planning services for the City relating to an application for a development by Lewis Land
Developer,LLC which may include,but is not limited to,a general plan amendment,specific plan,
master plan, zone change, and development agreement to provide for a mixture of land uses on
approximately 100 acres of land generally located along I-215 and north of West Main Street in
the City("Project").
B. The term of the Agreement was for six months with a maximum compensation due
to Consultant of$41,595.00.
C. On December 11, 2018,Amendment No. 1 was approved to extend the term of the
Agreement, to enhance the scope of services to provide additional technical services, and to
increase the total maximum compensation to $45,495.00.
D. Since the approval of Amendment No. 1, Lewis Land Developer, LLC
("Developer")has restarted the environmental review process for the Project. Due to Developer's
restarting of the environmental process, Consultant is now required to re-do certain portions of the
Services provided in the Agreement in order to adequately conduct peer review of Developer's
environmental review and, therefore, the total maximum compensation approved under the
Agreement and Amendment No. 1 must be accordingly increased.
E. As of June 30, 2019, the City has already paid a total of$10,082.07 to Consultant
for the Services.
F. By this Amendment No. 2, the City and Consultant desire to increase the total
maximum compensation by an additional $10,082.07 for a new total maximum compensation of
$55,577.07 to cover additional peer review costs necessitated by changes in the Project.
G. Except as amended hereby,the terms and conditions of the Agreement shall remain
unchanged.
TERMS
1. Contract Amendments. The Agreement is amended as provided herein.
1.1 Section 4, "Payment for Services", of the Agreement as amended by
Amendment No. 1 shall be further amended to read as follows:
01247.0005/564192.2
"4. PAYMENT FOR SERVICES. City shall pay for the services
performed by Consultant pursuant to the terms of this Agreement,
in accordance with the compensation set forth in the "Schedule of
Compensation" included in Exhibit"B" attached hereto.The fees for
the services shall not exceed Fifty-Five Thousand Five Hundred
Seventy-Seven Dollars and Seven Cents ($55,577.07), as set forth
in Exhibit `B." The City and Consultant acknowledge that, as of
June 30, 2019, the City has already paid Contractor Ten Thousand
Eighty-Two Dollars and Seven Cents ($10,082.07)."
1.2 Exhibit"A" of the Agreement, as amended by Amendment No. 1, shall
be further amended such that the "Project Budget" included in Exhibit "A" of the
Agreement shall be replaced with the "New Project Budget and Billing Rates" include in
Exhibit"A" of this Amendment No. 2.
1.3 Section I of Exhibit"B" of the Agreement, as amended by Amendment
No. 1, shall be further amended to read as follows:
"I. AMOUNT OF COMPENSATION. For performing and
completing all services pursuant to Exhibit "A" Scope of Services,
is a total amount not to exceed Fifty-Five Thousand Five Hundred
Seventy-Seven Dollars and Seven Cents ($55,577.07), plus
reimbursable expenses which will be charged at cost. The City and
Consultant acknowledge that, as of June 30, 2019, the City has
already paid Contractor Ten Thousand Eighty-Two Dollars and
Seven Cents ($10,082.07)."
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2,
all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it
shall mean the Agreement, as amended by Amendment No. 2.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective,valid,and binding
obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 2,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 2,
Consultant is not in default of any material term of the Agreement and that there have been no
01247.0005/564192.2
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 2.
5. Authority. The persons executing this Amendment No. 2 on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this
Amendment No. 2, such parry is formally bound to the provisions of the Agreement, as amended
and (iv) the entering into this Amendment No. 2 does not violate any provision of any other
agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01247.0005/564192.2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on
the date and year first-above written.
CITY:
CIT OF Grand Terrace
G. Half 4ger
Duffey
City
nEST:
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
ALESHIRE &W ER, LL
J�
Adrian R. Guerra
City Attorney CONSULTANT:
T&B Planni In-
By:
Name- J el Morse
Title: e President
Address: 17542 East 17'h Street, Suite 100
Tustin, CA 92780
NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY
THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY.
01247.0005/564192.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CAS�O�IA
COUNTY OF ES
On 2019 before me, �A-VG-7_QD rsonally appeared
roved to me on the basis of satisfactory evide the person(j) w se names is/ -
p rY p (j) ( )
subscribed to the within instrument and acknowledged to me that he/sley executed the same
in his/h@B4heir authorized capacity(ieo),and that by his/hoir signature()on the instrument the
person(, or the entity upon behalf of which the person(f) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
,�,.wr� NAVEED JATTALA
WITNESS my hand and official seal @ Comm.#2185774 r^
N = $ NOTARY PUBLIC-CALIFORNIA
N
> ~ ORANGE COUNTY
Signature: 0
°kno.�� MY Comm.Exp.MAR.15,2021�
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OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S)❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
SIGNER(S) OTHER THAN NAMED
ABOVE
01247.0005/564192.2
EXHIBIT A
NEW PROJECT BUDGET AND BILLING RATES
Task/DescrlphonBudget
A
RRRIVr'
Phase 1: �
Task 1 Project Initiation,Work Program Refinement and Project Management $6,697.50
Phase 2:
Task 2 Data Collection,Review, and Evaluation $2,971.25
Phase 3:
Task 3 Peer Review of Technical Studies $10,052.50
Phase 4:
Task 4 Draft Initial Study/Notice of Preparation-Review(Initial Study Omitted) $2,170.00
Phase 5:
Task 5 Screencheck/Draft EIR Review(w/out Initial Study) $10,863.75
Phase 6
Task 6 Review of Final EIR,Responses to Comments, and MMRP $5,500.00
Phase 7
Task 7 Attend Public Meeting and Hearing $3,035.00
Phase 8
Task 8 Staff Augmentation—CEQA $9,150.00
Task 8A Staff Augmentation—Specific Plan $4,883.75
Reimbursable Expenses $253.32
Total Costs $55,577.07
Consultant's Billing Rates
Consultant Sa`ffIourly Rate
Tracy Zinn,Principal $185.00
01247.0005/564192.2