T & B Planning-2018-55 AMENDMENT NO. 1
TO AGREEMENT FOR CONSULTANT SERVICES
This AMENDMENT NO. 1 TO AGREEMENT FOR CONSULTANT SERVICES
("Amendment No. 1") by and between the CITY OF GRAND. TERRACE, a municipal
corporation ("City") and T&B PLANNING, a California corporation ("Consultant") is effective
as of the 1 lth day of December 2018.
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.
B. The term of the Agreement was for six months with a maximum compensation
due to Consultant of$41,595.00.
C. By this Amendment No. 1, the City and Consultant desire to extend the term of
the Agreement, enhance the scope of services to provide additional technical services, and
increase the total maximum compensation by an additional $3,900.00 for a new total maximum
compensation of$45,495.00.
D. 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.
a. Section 2, "Term of the Agreement", shall be amended to read as
follows:
662. TERM OF THE AGREEMENT. The tenn of this Agreement shall ,
be from the effective date pursuant to Paragraph "38" of this
Agreement and shall tenninate when the work is completed in
accordance with the terns of this Agreement, as determined by the
City."
b. Section 4, "Payment for Services", shall be amended to read as
follows:
664. PAYMENT FOR SERVICES. City shall pay for the services
performed by Consultant pursuant to the terns of this Agreement,
in accordance with the compensation set forth in the "Schedule of
Compensation" included in Exhibit "B" attached hereto. The fees
01247.0005/523497.2
for the services shall not exceed Forty Five Thousand Four
Hundred Ninety Five Dollars and No Cents ($45,495.00), as set
forth in Exhibit "B."
C. Task 8 of Exhibit"A" is hereby amended to add the following
language:
"In accordance with Consultant's letter dated November 13, 2018 to the
City, Consultant shall provide additional augmentation to City to provide
technical review related to the potential phasing of traffic mitigation and
methodologies for its analysis under CEQA related to traffic and other
topics as part of the Specific Plan and EIR preparation."
d. Task 8 in the Project Budget included in Exhibit"A" shall be
amended to reflect that the budget for Task 8 is increased by
$3,900.00, from$6,735.00 to $10,635.00.
e. Section I of Exhibit"B" shall be 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 Forty Five Thousand Four Hundred Ninety Five Dollars and
No Cents ($45,495.00), plus reimbursable expenses which will be
charged at cost."
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1,
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. 1.
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. 1,
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. 1,
Consultant 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.
01247.0005/523497.2
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. 1.
5. Authority. The persons executing this Amendment No. 1 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. 1 on behalf of said party, (iii) by so executing this
Amendment No. 1, such party is formally bound to the provisions of the Agreement, as amended
and (iv) the entering into this Amendment No. 1 does not violate any provision of any other
agreement to which said party is bound.
'[SIGNATURES ON FOLLOWING PAGE]
01247.0005/523497.2
IN WITNESS WHEREOF,the parties hereto have executed this Amendment No. 1 on
the date and year first-above written.
CITY:
CITY OF Grand Terrace
/� /o/
G. ka'r6 uffey
City Ma Der
i ST:
e ra L. Thomas
City Clerk
APPROVED AS TO FORM:
ALESHIRE 7DER, LLP
Adrian R. Guerra
City Attorney CONSULTANT:
T&B Planning
Name: Tracy i
Title: President
Address: 17542 East 171h 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.
01247.0005/523497.2
4 1
4
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 CALIFORNIA
j COUNTY OF- EL S 04,V •
On 0 2018 before the CyA1-?-r/ p y pp r
ersotiall a eared l/2:A e f
proved to ]me on the basis of satisfactory evidence to be the -person whose names(s� Ware-
subscribed
to the within instrument and acknowledged t e that he! lie/ lie executed the same
� g y
in his ier eir authorized eapaciiy s), and that by-hi ler heir signature(,-}-on the instrument
the p6rson(s),'or the entity upon liellaif of which the per$On(s)--acted, executed the instrument.
4
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNES hand a o- Z al seal. <� R)MAN JATT—AILA`
oCOW1.0 2242165 r-N^
N9r"YARIC=CA(IFORNIA.
Signature ORANGE'6o 0y
ature , l .. I,Ir CU..EXP.JUNE
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
TITLES) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S)❑ LIMITED
GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S) NUMBER OF PAGES
❑ GUARDIAN/CONSERVATOR
❑ OTHER-
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
SIGNER(S) OTHER THAN NAMED
ABOVE
01247.0005/523497.2
_1
R
� L
Tustin, CA Sari Diego, CA Murrysville, PA
P L AN I 17542 East 17th Street, Suite 100 Tustin, CA 92780 p714.505.6360 f714.505.636.1
CONTRACT AMENDMENT REQUEST
This FIRST AMENDMENT TO CONTRACT is requested pertaining to a consulting Agreement between T&B
Planning, Inc. (f&B Planning) and CLIENT herein named as:
CLIENTNAME: CITY OF GRAND TERRACE
JOB NUMBER: 1038-001
PROJECT NAME: GRAND TERRACE SPECIFIC PLAN EIR PEER REVIEW
DATE: November 13, 2018
All provisions of the original Agreement(Agreement) dated September 12, 2017, shall remain in force and in
effect except as modified herein.
DETAILS/COMMENTS: This request for a First Amendment to Contract provides additional budget to support
ongoing and future work efforts that were not anticipated under the original Agreement.
As requested by the City of Grand Terrace, T&B Planning will provide additional technical review and input,
into the specific plan currently under preparation related to the potential phasing of traffic mitigation. These
work efforts were not anticipated for the specific plan EIR peer review under the original Agreement.
Accordingly, a contract augment is required to accommodate these work efforts.
This First Amendment to Contract is requested to revise and augment the budget as follows:
1. The budget for Task 8, Staff Augmentation, requires augmentation to provide additional technical
review and input into the Specific Plan, and methodologies for its analysis under CEQA related to
traffic and other topics. The budget for Task 6 requires an increase of$3,900.00 from $6,735.00 to
$10,635.00.
Thus, in total, the contract augment request is $3,900.00, which shall increase the total Agreement's budget
from $41,595.00 to $45,495.00.
CLIENT hereby authorizes T&B Planning to proceed with the work herein described and T&B Planning agrees it
shall provide such services in a timely and efficient manner. If the job is canceled prior to completion, CLIENT
agrees to pay for that portion of work performed prior to cancellation.
IN WITNESS WHEREOF, the parties to this Agreement have executed this agreement effective as of the
date and the year first above written.
/
www.tbplaiining.com
PLANNING I DESIGN I ENVIRONMENTAL GRAPHICS
Revised 2009-01-12
First Amendment to Contract
Grand Terrace Specific Plan EIR Peer Review
P L A N N I N G November 13,2018
TO PLANNING, INC. CITY OF JURUPA VALLEY
a California Corporation
By: By:
Tracy Zinn
Its: Its:
President
Dated: Dated:
November 13, 2018
www.tbplanning.com
PLANNING DESIGN I ENVIRONMENTAL I GRAPHICS
Revised 2009-01-12
• i
2017 - 33 :-
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT ("Agreement") is made as of this A day of September,
2017 by and between'the CITY OF GRAND TERRACE("City") and T&B PLANNING,
INC.,a Chapter"S" Corporation ("Consultant"
). : .
. 1. CONSULTANT':S SERVICES. Consultant agrees to_perform during the-term of
this Agreement, the tasks, obligations, and services set forth-in the "Scope of
Services" attached to and incorporated into this Agreement as Exhibit A(the
"Services"}.
2. TERM:OF AGREEMENT. The tern of this:Agreement shall:be from the effective:
date pursuant.to Paragraph "38" of this Agreement.and shall end on:March 30,
2018, or when the work is.satisfactorily completed,.whichever occurs first, unless
extended by the City Manager.
3. FAMILIARITY WITH WORK. By execution of this Agreement, Consultant
warrants that
(.1) It has thoroughly investigated and considered the work to be
performed, based on all available information.
(2) It carefully considered how the work should be preformed, and
(3) It fully understands the difficulties and restrictions attending the
performance of the work under this Agreement.:
(4) It has the professional and technical competency to perform the
work and.the production capacity to complete the work in a timely
manner with respect to the schedule included in the scope of
services.
4. PAYMENT FOR SERVICES. City shall pay for the services performed by
Consultant pursuant to the terms of this Agreement, the compensation set forth
in the "Schedule of Compensation" included in Exhibit"A" attached hereto. The
fees for services shall not exceed the authorized amount of$41,595.00 (Forty-
one Thousand and Five Hundred and Ninety Five Dollars),'as set forth in Exhibit
"B," unless the CITY has given specific advance approval in writing..
5. TIME FOR PERFORMANCE. Consultant shall not perform any work under this
Agreement until (a) Consultant furnishes proof of insurance as required under
Paragraph "8" of this Agreement. All services required by Consultant.under this
Agreement shall-be completed on or before the end of the term of the
Agreement.
Page 1 of 11
6. DESIGNATED REPRESENTATIVE. Consultant-hereby.designates Shawn Nevill,
Senior.Project Manager;as the Consultant Representative:.and said
Representative shall be responsible for job performance;'negotiations;
contractual matters; and coordination with the City.,Consultant's professional
services shall be actually performed by, or shall be immediately supervised by,
the Consultant Representative.
7., HOLD HARMLESS; INDEMNIFICATION. Consultant hereby agrees to protect,
indemnify and hold City and its employees,'officers and servants free and
harmless-from.any and all.losses, claims, liens, demands and causes of action of
every kind and character including, but not limited to, the amounts of judgment,
interests, courtcosts,:legal fees and other expenses incurred by the City arising
in favor of any party,Including claims :liens, debts, personal injuries, including .
employees of the City, death or damages to property (including property of the
City) and without limitation by-enumeration, all other claims or demands of every
character occurring or arising directly out:of the.negligent acts;, recklessness or
willful misconduct of Consultant in the performance of its services under this
Agreement. This provision is not intended to create-any cause of action in favor
of any third party against Consultant,or the City or to enlarge in any way the .
Consultant's liability but is intended solely to provide for indemnification of the
City for liability for damages or injuries to third persons or property arising from
Consultant's negligent performance hereunder.
8. INSURANCE. Consultant shall procure and maintain at all times.during the term
Of this Agreement insurance as set forth in Exhibit"C" attached hereto: Proof of
insurance shall consist of a Certificate of Insurance provided,on IOS-CGL form
No. CG 0001 1185 or 88 executed by Consultant's insurer and. in a form approved .
'by, the City's City Attorney and-,City's Legal Counsel.
9. LICENSES, PERMITS;AND FEES-. Consultant shall obtain a:City of Grand
Terrace Business License.and any and all other permits and licenses required for
the services to be performed under this Agreement.
10. INDEPENDENT CONTRACTOR STATUS.-City and Consultant agree that
Consultant,.in performing the Services herein specified, shall act as an
independent Contractor and shall have control of all work and the manner in
which it is performed. Consultant shall be free to contract for.similar services to
be performed for other entities while under contract with City:.Consultant is not-
an agent or employee of City, and is not entitled to participate in any pension
plan, insurance, bonus or similar benefits City provides for its employees.
Consultant shall be responsible to pay and hold City harmless from any and all .
payroll and other taxes and interest thereon and penalties, therefore, which may
become due as:a result of services performed hereunder.
11: ASSIGNMENT. This.Agreement is for the specific services with Consultant as set
forth herein. Any attempt by Consultant to assign the benefits or burdens of this
Page 2 of 11
Agreement without written approval of City is prohibited.and shall be null and -
void; except that Consultant may assign:payments due under-this Agreement;to=
a financial institution.
12. STANDARD. Consultant agrees that the services to be rendered pursuant to'this
Agreement shall be.performed in accordance with the standards customarily
provided by,an experienced and competent professional organization rendering
the same or similar services. Consultant shall-re=perform,any of said services,
which.are not in conformity with standards as determined by.the City.
13: . CONFIDENTIALITY. Consultant covenants that all data, documents, discussion,
or other information developed or received by Consultant or provided for
performance of this Agreement are deemed confidential and:shall not be
disclosed by:Consultant without written authorization by City. City shall grant
such authorization if disclosure is required by law.All City data shall be returned
to City upon the termination of this Agreement. Consultant's covenant under this
Section shall.survive the termination of this Agreement. .
14. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate
records with respect to all services and matters covered under this Agreement. .
City shall have free access at all reasonable times to such records, and the right
to examine.and=audit the same and to make transcripts therefrom, and to inspect
all program data;documents, proceedings and activities. Consultant shall
maintain an up-to-date list of.key personnel and telephone numbers for
emergency contact after normal business hours.
15. OWNERSHIP OF CONSULTANT'S WORK PRODUCT. All.reports, documents',
all analysis,:computations,.plans,.correspondence, data, information, computer
media, including,disks or other written material developed'and/or gathered by
Consultant in the performance of this Agreement shall be and remain the
property of City without restriction or limitation.upon_ its use or dissemination by
City. Such Material shall not.be:the subject of a copyright application by
Consultant. Any re-use by City of any such materials on any project other than
the project for which they were prepared:shall be at the sole risk of City unless
City compensate Consultant for_such use. Such work product-shall be
transmitted to City within ten (10) days after a' written request therefore.
Consultant may retain copies of such products.
16. NOTICES. All notices given or required to be given pursuant to this Agreement
shall be in writing and may be given by personal delivery or by mail. Notice sent
by mail shall be addressed as follows:
City: G. Harold Duffey, City Manager.
City of Grand Terrace.
22796 Barton Road
Grand Terrace, Ca 92313
Page 3 of 11 ,
Consultant: Tracy.Zinn, AICP
President
17542 East 1:7th Street, Suite,100
Tustin, CA 92780
If the name of the principal representative designated to receive the_notices,
demands or communications, or the address of such person, is changed, written
notice shall be given within five (5) working days of said changes
17. TAXPAYER.IDENTIFICATION NUMBER. Consultant shall provide.City with a
complete Request for Taxpayer Identification Number.and Certification, Form_ W_ .-
9,.:as_issued by the Internal Revenue Service.
18. APPLICABLE LAWS,-CODES AND REGULATIONS. Consultant shall perform all
services described in accordance with all applicable laws, codes and regulations
required by all authorities having jurisdiction over the Services. Consultant
agrees to comply with prevailing wage requirements as specified in the California
Labor Code, Sections_1770, et seq.
19. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform
work similar to the Services provided.hereunder.
-20. . BENEFITS. Consultant will not be eligible for any.paid benefits for federal , social
security, state workers' compensation, unemployment insurance, professional
insurance, medical/dental, retirement PERS or fringe benefits offered by the City
of Grand Terrace.
21. PERS ELIGIBILITY INDEMNITY..In the event that.Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement -
claims or is determined by a court of competent jurisdiction or the California
Public Employees Retirement System ("PERS")to be eligible for enrollment in
PERS as an employee of the City; Consultant shall indemnify; defend, and-hold
harmless City for the payment of any employee and/or employer contributions for
PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors;,as well as for the payment of anypenalties and interest on such
contributions, which would otherwise be the responsibility of.City.
Notwithstanding any other agency, state or federal policy, rule, regulation,- law or
ordinance to the-contrary,Consultant and any of its employees, agents, and
subcontractors providing.;service under this Agreement shall.not qualify for or
become entitled to, and hereby agree to waive any claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to
eligibility to enroll in PERS as an employee of City and entitlement to any
contribution to be paid by City for employer contribution and/or employee
contributiions�for PERS benefits.
Page 4 of 11
22. TRAVEL EXPENSES.:Any reimbursement expenses must be.pre-authorized:and
shall be based upon-the approved rates of the San-Bernardino;County Auditor-
Controller.
23. CONFLICT OF INTEREST. Consultant-agrees that any conflict or potential:.
- conflict of interest shall be fully disclosed prior to execution of contract and
Consultant shall comply with all applicable federal, state and county laws and
regulations governing conflict of interest:
24. - ECONOMIC:INTEREST STATEMENT. Consultanthereby acknowledges that
pursuant to Government Code Section 8,7300'-and the:Conflict of Interest Code
adopted by City,hereunder, Consultant is designated in said Conflict of Interest
Code and is therefore required to file an Economic Interest Statement (Farm 700)
with the City Clerk, for each employee providing advise under this Agreement,
prior to the commencement of work.
25. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Consultant may.not
conduct any activity, including any payment to any person,:officer, or employee
of any governmental agency or body or member of Congress in connection.with
the awarding of any federal contract, grant, loan, intended to influence legislation,
administrative rulemaking or the.election of candidates for public office during
time compensated under the representation that suchactivity is being performed
as a part of this Agreement.
26. NON-DISCRIMINATION.. In the performance of this Agreement, Consultant shall
not discriminate against any employee,.sub_contractor, or applicant for
employment because of race, color, creed, religion; sex, marital status, national
origin, ancestry; age physical or mental handicap;medical condition- or sexual
orientation. Consultant will take affirmative action to ensure that subcontractors
and applicants are employed., and that employees are treated during
employment; without regard to their race, color, creed, religion, sex,:marital
status, national origin,.ancestry, age, physical or mental handicap-, medical
condition, or sexual orientation.
27. AUDIT OR EXAMINATION. Consultant shall keep-all records of funds received
from City, and make them accessible for audit or examination for a period of three
years after final payments.are issued and other pending matters._
28. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor
may any of the terms, provisions or conditions be modified or waived or
otherwise affected, except by a written amendment signed by all parties.
29. WAIVER. If at any time.one party shall waive any term, provision or condition of
this Agreement, either before or after any breach thereof, no party shall
Page 5 of 11
thereafter be deemed to,have consented to any future failure of full performance-
hereunder.
30 COVENANTS.AND CONDITIONS. Each term and each provision of this
Agreement to be performed by Consultant;shall be construed to be both:a
covenant and a condition.
-31. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or
without cause, in its sale'discretion, with:thirty (30) days written notice.
32.. EFFECT OF TERMINATION. Upon termination,as-stated in Paragraph:"31" of
this.Agreement, City shall be liable to Consultant only for work performed by
Consultant up to and including the date of termination of this Agreement, unless
the termination is for cause,in which event Consultant need be compensated
only to the extent required by law. Consultant shall be entitled to payment.for
work satisfactorily completed to date, based on proration of the fees set forth in.
Exhibits-"A" and"B" attached hereto.Such payment will be subject to City's
receipt of a close-out billing.
33. GOVERNING LAW. This.Agreement shall be governed by and construed in
accordance with laws.of the State of California. In the event of litigation between
the parties,.venue in state trial courts shall lie exclusively in the County,of San
Bernardino. In the event.of litigation in a U.S. District Court, exclusive venue shall
lie in the Central District of California.
34. LITIGATION FEES. Should litigation arise out of this Agreement for the
performance thereof, the:court shall award costs and expenses, including
attorney's fees, to the prevailing party. In awarding attorney's fees, the court.shall
not be bound by any court fee.schedule but shall award the full amount of costs,
expenses and attorney's fees paid and/or incurred in good faith. "Prevailing .
Party.shall mean the party that obtains a favorable-and final judgment or order
from a court of law described in paragraph "33." This paragraph shall not apply
and litigation fees shall.not be awarded based on an order.or otherwise final
judgment that results from the parties' mutual settlement, arbitration, or mediation
of the dispute.
35. SEVERABILITY. If any provision of this agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions nevertheless will continue in full force and effect without being
impaired or invalidated in any way.
36. FORCE.MAJEURE. The respective duties and obligations of the parties
hereunder shall be suspended while and so long as performance hereto is
prevented or impeded by strikes, disturbances, riots, fire, severe weather,
government action, war acts, acts of God; or any other cause-similar or dissimilar
Page 6 of 11
to the foregoing which are beyond the control of the party from whom the .
affected performance was due.
37. INTEGRATED AGREEMENT. This Agreement, together with Exhibits "A," "B"
and "C" supersede any and all other agreements, either oral or in writing,
between the parties.with.respect to the subject matter herein.:_Each party to-this
Agreement acknowledges that no representation by.any party,which is not
embodied herein, nor,any other agreement; statement or promise not contained
in this.Agreement shall be valid and binding. Any modification of the Agreement
shall be.effective only if it is in writing and signed by all parties.
38. .EFFECTIVE DATE. The effective date of this Agreement is the date the.Notice to
Proceed is received by Consultant, and shall remain in full force and effect.until .
amended or terminated.
Dated: 5 - a• �o/:2 "CITY
By:
G.. a Id D
C' anage
Dated: O "CONSULTANT'
Tr Cy Zin IC
President
APPROVED AS TO FORM
Richard L. Adams 11
City Attorney
Page 7 of 11
EXHIBIT"A"
SCOPE OF SERVICES.
Attach scope:of services.
Page 8 of 11
EXHIBIT A
Grand.Terrace Specific Plan=EIR Peer Review
'Exhibit 6:Approach and Budget
APPROACHEXHIBIT 6:
Statement of Project.Understanding
Based on the information provided in the RFR and our review of project'plans,we understand that the proposed .
project consists of applications for a general plan amendment, specific plan, master plan, zone change,.and
development agreement.to_ provide for a.mixture of land uses on,approximately im.acres of land generally
located along 1-215 and north of West Main Street in the City of Grand Terrace. Land uses within the specific plan
Area would include multiple family,commercial,retail,light industry;open space,and parks. Based on the scope
and scale of the.proposed Project, an EIR will be required to demonstrate compliance with CEQA. All-CEQA-
required documents for the,project,which include an initial study, draft and final EIRs,techn,ical`studies,and all
CEQA-required public notices, will be prepared by the project applicant's consulting team: .As a third-party
consultant to the City of Grand Terrace, T&B Planning will be responsible for reviewing all of the applicant-
prepared materials for CEQA adequacy and legal defensibility; consistency with the City's General, Plan and
Development Code;and compliance with all applicable environmental laws,regulations,rules,and requirements.
T&B Planning also will be.responsible for providing to the City detailed comment letters outlining any deficiencies,
errors,or omissions identified as part of our review of the applicant's materials. In cases where it is more efficient
to do so,T&B Planning will directly revise applicant-prepared materials in stflkeeut1underline format or provide
comments directly in the document(s). T&B Planning also will participate in Native American,consultations, as
needed;prepare the draft resolution certifying the.EIR;draft the CEQA:portion of the Staff Report;and attend and
participate in public meetings and hearings related to the CEQA review process.
Overall Approach
T&B Planning's proposed work:prograrnfor conducting a peer review of the Grand Terrace Specific Plan EIR and
associated CEQA documentation is provided on the following pages. Senior Project Manager,Shawn Nevill,will
lead the peer review,with Principal Tracy Zinn,AICP providing oversight,guidance,and review of EIR.sections and
technical studies,while Assistant Project Manager Ryan Kelleher will assist;in the peer review and assist the City .with public notices and document distributions. T&B Planning will conduct outwork in conjunction with the
Developer's proposed schedule and within all legal deadlines and parameters.
Initial.Data Review and Scheduling: At the outset of the project, T&B Planning will conduct a review of all
available project materials (environmental documents,.plans, and technical studies),to identify additional data
that T&B Planning will need.to conduct a meaningful peer review,which will be memorialized In a memorandum to the City. Our review will include an assessment as to whether additional technical studies may be required.
T&B Planning also will prepare a project schedule using Microsoft Project to identify key milestones and timelines
for conducting our peer review services within the time frames specified in the RFP. The project schedule:will be
updated on'an on=going basis as needed.
Technical Study Review: Subsequently, T&B Planning will.review ail of the technical studies pertaining to the
Project for CEQA adequacy and accuracy,,with written comments provided within two(2)weeks of receipt:ofeach
study..As revised technical studies are provided,we will conduct an additional review of each study within one
(1)week of receipt to ensure comments have been appropriately addressed.
EIR Scoping and Initial Study Review:: Once the Initial Study/Notice of Preparation;(IS/NOP)is available,.we' will
review and provide comments within three(3)weeks. Our review of the IS/NOP will ensure that the contents of
Page 16
T&B Planning,Inc. .
Grand.Terrace Specific Plan.EIR Peer Review
Exhibit 6:Approach and Budget
the. IS/_NOP meet the requirements of CEQA Guidelines §15063. Our review also will confirm that detailed,
objective-based analysis is'provided for each issue area.within the Responses to Environmental Checklist section
and that substantive evidence is provided for any subject area proposed to be scoped out of the EIR.
NOP Release and Scoping Meeting: T&B Planning will review the proposed NOP distribution list for public
agencies to ensure all relevant agencies receive the IS/NOP and assist the City with the.distribution mailing. During
the 301day public review period fog the IS/NOP, we will prepare for and attend the public scoping meeting and
take copious notes to ensure all comments on the scope of the EIR are memorialized so we can verify that the
comments are addressed by the EIR.
Draft EIR Review,Comment,and Release: T&B Planning will conduct a thorough review of the draft screencheck
EIR document provided by Webb. If required to expedite the schedule,we are open to receiving and reviewing
EIR sections on a piecemeal basis. Our review will ensure that the EIR's analysis is complete.and accurate, and
supported by substantial evidence;that the analysis addresses all comments received during the IS/NOP public
review period and public scoping meeting; and that the EIR demonstrates the Project is fully consistent with the
City's General Plan and Development Code..Our review will take into consideration requirements pursuant to the
CEQA Guidelines, relevant case law,and other laws or ordinances that may apply. We will complete our review
of the first draft of the EIR within three(3)weeks of receipt,-and provide a memorandum to the City in both hard
copy and digital format documenting areas of concern and identifying revisions that are needed within the .
document. Once the revised draft EIR is available,we will review the document within one(1)week of receipt to
ensure that all comments have been adequately addressed and provide any additional comments that may not
have been adequately addressed. We will then conduct a final review of the Draft EIR,advise the City in writing
that the document is ready for public review.
Final EIR Review,Comment,and Release: Following the 45-day public review period for the EIR,we will review
the draft responses to public comments and any resulting revisions to the draft EIR prepared by Webb.. At.the
onset,we will first review all comments received on the draft EIR:to ensure no comments meet the requirements
of CEQA Guidelines§15088.5(a)requiring recirculation of the EIR for an additional public review period. Assuming .
recirculation is not required, we will continue and complete our review. We also will review the Mitigation
Monitoring and Reporting Program (MMRP)to ensure that document complies.with. CEQA Guidelines:§15097,
and identifies responsible parties and required timing of each of the measures. If required,we also will review
and comment on the applicant's proposed Statement of Overriding.Considerations (SOC)to ensure compliance
with CEQA Guidelines §15093. Following our review, we will provide a detailed memorandum to the City
memorializing our revisions or concerns,and may also prepare a redline of documents when it is more efficient
to do so. Our review will be completed within three (3) weeks of receiving the draft final. EIR, responses to
comments,MMRP,and SOC. Following necessary revisions,we will review the revised draft final EIR, responses
to comments,MMRP,and SOC;and will document any minor additions or corrections that will be needed prior to
docketing the project for public hearings: .
Public Hearings and EIR CertifJcatlon:Following our review of the draft final EIR and associated materials,we will
immediately begin preparing a draft resolution of approval and the environmental.portion of the staff,report,
which will be provided for review and revision by the City at least two weeks prior to public hearings. Subsequent
to public hearings,which we will attend and be prepared to address any questions raised by the decision-makers
or members of the public,T&B.Planning will ensure that a Notice of Determination(NOD)is filed with the County
Clerk's office within five(5)working days of EIR certification._
Page 17
T&B Planning,Inc.
Grand Terrace Specifiic:Plan EIR Peer Review
Exhibit 6:Approach and Budget ,,,,
Scope of Work
Provided below is T&B Planning's proposed scope of work. Piease note that the scope of work described below
may not be._undertaken chronologically as presented. To expedite the schedule,there may be overlap on the
timing of each task:
Task 1: Project Initiation,Work Program Refinement,.and Project Management
T&B Planning will attend a meeting organized by City staff to review goals and strategies'refine the project scope
and working objectives; and identify available data. Additionally, T&B Planning will review-all project-related
materials submitted to the City to date to gain an understanding of the project and to identify additional data or
information.that may be required: Once the project has.been.initiated,T&B Planning will make revisions.to the
scope of work, if needed,and provide an amended work program and a project schedule prepared In Microsoft
Project. T&B Planning also will conduct conference calls with the City of Grand Terrace on a monthly or as-needed
basis to update City staff on the progress of the peer review as well as identify any issues;review and refine the
pending deliverables;and track the schedule of the peer review.
Task 1 Deliverables
T&B Planning will provide the following:
• One(1)project initiation meeting with City staff;
4 A schedule and work program;
• A revised schedule and work program(if and when necessary)
• Monthly progress calls (or on an as-needed basis) with the City of Grand Terrace, and a follow up
email to memorialize the content of the conference call and progress relative to the project schedule;
and
• A weekly progress schedule,monthly invoices,and ongoing project communication.
Task 2: Data Collection,Review,and Evaluation
Within two weeks of authorization to proceed,T&B Planning will acquire, review, and evaluate various existing
documents in order familiarize ourselves with the environmental issues.that apply to the Project site. Following
our review,we will prepare a "Data Needs Memorandum" identifying:technical studies that will be required for
the project; questions regarding-the scope of the project; and any other information that will be needed to
conduct a thorough review to ensure the project's compliance with CEQA. The memorandum.will be submitted
to the City of Grand Terrace so that the City can provide the documents or information in hard copy or electronic
format,if available. Additionally,T&B Planning will familiarize ourselves with the following documents,as well as
any other pertinent local,regional;or state documents:
• 2010 General Plan;
• Development Code;
• Draft Specific Plan;
• Technical Studies in support of the EIR;and
• Project Application,should it be available
Page 18
T&B Planning,Inc.
Al
Grand Terrace Specific Plan EIR Peer Review
Approach.and Budget
�;
Exhibit 6: -
Task 2 Deliverables
T&B Planning will provide the following:
• Data Request Memorandum:identifying technical studies that will be required for the. project;
questions regarding the scope of the.project; and any other information that will be needed to
conduct a thorough.review'to ensure the project's compliance with CEQA.
.Task 3: Peer Review.of.Technical Studies
T&B Planning will review all technical documents submitted to the City by Lewis Land.Developers,LLC's consultant
team and will identify any additional technical studies that may be required .in addition to the studies to be
provided. Additional studies that may be required for the project include a geotechnical/soils evaluation,
environmental site assessment, mobile source health risk assessment; and water quality management plan.
Within two weeks of receipt of each technical study,T&B Planning will conduct a review of the technical study for
CEQA adequacy,and will prepare a memorandum identifying any revisions or expanded analyses recommended
to ensure CEQA compliance and enable the City to clearly identify the level of impact and'any necessary mitigation
measures. Following any necessary revisions to the project's technical studies, T&B Planning will review the
revised reports to verify that all identified concerns have been adequately addressed. The scope of work and
budget for this task accounts for an average of six(6)staff hours of review and coordination time.for initial review
and comment on each technical study and two (2) hours of staff time per report to receive the revised reports
and verify that the requested revisions were made. At this time, the following reports are expected to be
reviewed;however,an additional 16 hours of staff time also are included In.our budget in anticipation of.additional
reports that may be required.
• Air Quality Impact Analysis;
• Biological Resources Assessment;
• Cultural Resources Assessment;
• Greenhouse Gas Impact Analysis;
• Hydrology/Drainage Study; .
• Noise Impact Analysis;and
• Traffic/Transportation Impact Analysis.
Task 3 Deliverables
T&B Planning will provide:the following:
• Detailed comment memos for each technical study identifying errors and corrections.
• Final memos verifying that each technical report is accurate,comprehensive,and suitable for use in
support of the CEQA analysis.
• A digital redlined"mark-up"of the technical studies,if appropriate.
Task 4: Draft Initial Study/Notice of Preparation-Review
Within three(3)weeks of receiving the draft Initial Study/Notice of Preparation(IS/NOP),T&B Planning will review
the draft document and proposed mailing list prepared by the applicant's environmental consultant. This review
will ensure that the IS/NOP:
Page 19
T&B Planning,Inc.
Grand Terrace Specific Plan EIR Peer Review !i .
Exhibit 6:Approach and Budget
• includes a detailed description of the various elements of the proposed project;
• identifies the City of Grand Terrace as the Lead Agency and provides contact information;
• indicates the location of the project area and generally describes the existing zoning and General Plan
designations in the area;
• . provides a description of existing conditions and surrounding land uses;
• discloses any other public agencies that must also approve the proposed project;
• identifies the environmental factors potentially affected;
• includes the completed Environmental Checklist;and
• includes the determination of the Initial Study/Environmental.Checklist
For any issues that are determined to=have no impacts or lessm-than-significant impacts;our review also will ensure
that the findings and analysis are supported by substantial evidence. T&B Planning will prepare a memorandum
with our comments,concerns,and corrections,and will-prepare digital mark-ups of the document if appropriate.
The comments will be sent by City Staff to the project applicant. Within one (1)week of receipt of the revised
IS/NOP,T&B Planning will.review the revised documents to ensure that all comments;questions,and clarifications
have been adequately addressed. Any remaining comments on the second draft of the IS/NOP will be provided
to the City as mark-ups and/or a written memorandum. We expect that following our review'of the third draft
IS/NOP,all issues will have been addressed and the documents will be cleared by the City for public review. Our
budget for this task anticipates that either the City or applicant will be responsible for conducting the mailing via
certified mail.
Task 4 Deliverables
T&B Planning will provide the following:
• A list of comments based on the first and second draft review of the documents;and
• A copy of the"marked up" draft Initial Study,if appropriate.
Task 5: Screencheck/Draft Environmental Impact Report—Review .
T&B Planning will review the draft EIR, Notice of Availability, proposed mailing list, and all technical documents
that will be prepared by the applicant's environmental consultant to support the conclusions made in the DEIR.
Our review will ensure that the EIR's analysis is complete and accurate, and supported by substantial evidence;
that the analysis addresses all comments received during the IS/NOP public review period and public scoping
meeting; and that the EIR demonstrates the-Project is fully consistent with the City's General Plan and
Development Code. Our review will take into consideration requirements pursuant to the CEQA Guidelines,
relevant case law,and other laws or ordinances that may apply. As part of the review,we will ensure that each
subject area,evaluated in detail in the EIR:includes a description of the existing environmental setting;identifies
all applicable. regulatory requirements; provides thresholds of significance that .are supported by a brief
explanation as to why the identified thresholds are appropriate for the project;includes a comprehensive analysis
of each threshold that is supported by substantial evidence; evaluates and discloses the project's potential
cumulatively-considerable effects; clearly and succinctly identifies the significance of impacts before mitigation;
identifies regulatory requirements and feasible and enforceable mitigation measures to reduce.each identified
significant environmental-effect;and clearly indicates whether impacts would be reduced to less-than-significant
levels following mitigation. Our review also will ensure that the documents areas legally defensible as possible
and do not expose the City to liability due to any errors and omissions.
Page 20
T&B Planning,Inc.
Grand Terrace Specific Plan EIR Peer Review l
Exhibit 6:Approach and Budget aA1+11
T&B Planning will submit written comments to the City of Grand Terrace within three(3)week_s.of receiving the
draft EIR,and if appropriate we also will provide any markups in digital format. Within one(l)week of receiving
the revised draft EIR, T&B Planning will review the resubmitted DEIR as well as any resubmitted technical
documents to ensurethat.the.comments were adequately addressed.-Any remaining issueswili.be identified and
sent to the City of Grand Terrace in written format: Following the second review of the draft.EIR,it is expected
that the City will;release the document for public review.Our budget for this task anticipates that either the.City
or applicant will be responsible for conducting the mailing via certified mail.
Task 5 Deliverables
T&B Planning will.provide the following:.
• Memorandum(s)that memorialize issues,errors,and corrections;
• A copy of the"marked-up"Draft EIR,if appropriate.
Task 6: Review of the Final Environmental Impact Report,Reponses to Comments,and Mitigation
Monitoring Program
Upon completion of the CECiA-required 45-day public review period,we will immediately review the comments
received on the draft EIR to ensure no comments meet the requirements of CEQA Guidelines §15088.5(a)
requiring recirculation of the EIR for an additional public review period. Assuming recirculation is not required,
T&B Planning will review the.draft final EIR, responses to comments, Mitigation Monitoring and Reporting
Program (MMRP), and Statement of Overriding Considerations (SOC) within three weeks of receiving :the
documents. We will review the responses to each substantive comment provided on the draft EIR to ensure the
responses address all issues identified and that all responses are supported by the analysis:in the EIR or minor
revisions or clarifications to the EIR. We also will review the MMRP to ensure that document complies with CEQA
Guidelines§15097, and identifies responsible parties and required timing of each of.the measures. If required,
we also will review and comment on the applicant's proposed SOC to ensure compliance with CEQA Guidelines
§15093. Following our review,we will provide a detailed memorandum to the City memorializing our revisions
or concerns,and may also prepare a redline of documents when it is more efficient to do so. The comments will
be,provided in both hard copy and electronic formats. Within one(1)week of receiving the revised documents,
T&B Planning will review to ensure that all comments, questions, and clarifications have been adequately
addressed. As necessary and appropriate,we will memorialize our comments in a memorandum and as part of
digital markups/redlines to the documents. Following two rounds of review and comment, we expect that the
documents will be cleared by the City for.public hearings. Our budget for this task anticipates that the City or
project applicant would be responsible for distributing the final responses to comments to Responsible and
Trustee Agencies at least ten(10)days prior to the City Council hearing.
Task 6 Deliverables
T&B Planning will provide the following:
• A list of comments based on the review of the documents(first and second-drafts).
• A copy of the "marked-up" final EIR, Response to Comments, Mitigation monitoring Program, and
Statement of Overriding Considerations.
Page 21
T&B Planning,Inc.
Grand Terrace Specific Plan EIR Peer Review
Exhibit 6:Approach and Budget
��rriJ
Task 1: Attend Public.Meeting and Hearings
T&B Planning will attend the public scoping meeting,as well as all Planning Commission public hearing(s)for the
Project,and provide.responses to technical.comments and question,s,regarding the environmental documentation .
from the City Council,as needed. Additionally;T&B Planning will attend all City Council public hearings)for the
Project, and as needed, provide.responses to technical.comments and questions regarding the environmental
documentation from the City Council,should concerns arise. The budget for.this task accounts for up to six(6)
hours of preparation forand attendance at two public hearings byShawn Nevill,Senior Project Manager,'one each
before the Planning Commission and City Council. We also are accounting for up to 10 hours for preparing for
and attending the roject's public scoping meeting,including the preparation.of a brief PowerPoint for the sco ing
meeting that explains the CEQA process.
Tasks: Staff Augmentation
At least two weeks before public hearings,T&B Planning will prepare the draft resolution certifying the Final EIR,
and will prepare the environmental portion of the Staff Report. If required, the resolution also will incorporate
the Statement of Overriding Considerations, which we understand will be prepared by the project applicant's
team and will be revised and finalized by T&B Planning as part of our Task 6 work efforts. Additionally, T&B
Planning will represent the City of Grand Terrace in AB 52 consultation,if requested. For budgeting purposes,ten
(10)hours are allocated for AB 52 consultation activities,including but not limited to written communications and
consultation meetings.
Task 8 Deliverables
T&B Planning will provide the following:
Participate in AB-52 consultation,as necessary;
• Submit a draft resolution of approval, which would include the CECtA-required findings pursuant.to
§15091 and Statement of Overriding Considerations pursuant to§15093,at least two(2)weeks prior.
to public hearings;and
• .Submit a draft of the environmental portion of the Staff Report two (2) week prior to each public
hearing date. .
Page 22
T&B Planning,Inc:
Grand.Terrace Specific Plan:EIR Peer Review 1 -
Exhibit 6:Approach and Budget
Project Budget
Task Staff Hourly Rate Total Hours Budget
Trask I:Pro)ect Initiation,Work^Progr" am Reflnement;and;Project Management!_ _
Tracy Zinn,Principal. $185.00. : : 5 $925.00
Shawn Nevill,Sr.Pro'ect Manager $125.00 15 $1,875.00.
Ryan Kelleher,Asst.Project Manager $95.00 8 $760:00
Task i Budget: :.: $3,560.00
Task2:,,Data�CollectionTRevlew;�andlEvaI756 n . ....:.
__. _._. r_ _.:.._.__
Tracy Zinn,Principal $185.00 2 $370.00
Shawn Nevill,Sr.Project Mana er $125.00 .12. $1,500.00
Ryan Kelleher,Asst.'Project Manager $95.00 6 $570 00
Task 2 Bud et: .$2,440.00
aTask 3 P,eer,Iteview;of3Technical Studies. '` _ `'
Tracy Zinn,Principal $185.00 4 $740.00'
Shawn Nevill,Sr.Project Manager $125.00 'fib $8,500.00
Task 3 Bud et: $9,240.00
a7ask4a0raft'lnittal`Stud%No4ice,of;Pie ration-Revievtir�.�:: . . . - ° -
Tracy Zinn,Principal $185.00 -2 . $370.00
Shawn Nevill,Sr.Pro ect Mana e( $125.00 12 $1,500:00
Task 4 Budget: 1,870.00
claskS:Screencheck/diift Emrlronmer6i'Im ac Re rt-Review
TracyZinn,Principal $185.00 12 $2,220.00
Shawn Nevill,Sr.Project Mana er $125.00 40 $5,U00.00
R an Kelleher,Asst.Project manager $95.00 24 $2,280.61)
Task 5 Budget: $9;SOQ.00
j,Task 6i;R®Wew;of the,Flnal Environmental{lim ct'R®` ri;^Re�onses;ta.Comments,andiMitigatio7 nitoeing,Program
Tracy Zinn,.Princi al $185:00 4 $740.00
Shawn Nevill,Sr.Project Manager $125.00 :. 32 $4,000.00
Ryan Kelleher,Asst.Project Manager $95.00 8 $760:00
Task 6 Budget: $5,500.00
Task7:'Attend:P,utilic"Meeting�andlHearin`gs .�_...:::.. .. s.•. � ._:..
Shawn Nevill,Sr.Project Manager
$125.00. . : . ! 22 $2,750.00.
Task 7 Budget: $2,750.00
,.,.. _ _,
Task BrStaffAugmentationr _ _.. _ _:,;
Tracy Ann,Principal. $185.00 6 $1,130.00
Shawn Nevill,Sr..Pro ect Manager S125.00. 45 $5,625.00
I .
Task 8 Budget: 6,735.00
PROJECTTOTAL i 1 1
Page 23
T&B Planning,Inc.
EXHIBIT B
SCHEDULE OF COMPENSATION
I. AMOUNT OF COMPENSATION. For performing and completing all services
pursuant to Exhibit"A" Scope-of Services, is:a total amount not to exceed
$41,595.00 (Fo one Thousand and Five Hundred and Ninety Five-Dollars),
plus reimbursable expenses which will be charged at cost.
II. . . BILLING. At the end of each calendar month in which services are performed or
expenses are incurred under this Agreement, Consultant shall submit an invoice
to the City at the following address:
City of Grand Terrace
22795 Barton Road
Grand Terrace, Ca 92313
The invoice submitted.pursuant to this paragraph shall show the:
1) Purchase order number;
2) Project name/description; .
3) Name and hours worked by each person who performed services during
the billing period;
4) The title/classification under which they were billed;
5) The hourly rate of pay;
6) Actual out-of-pocket expenses incurred in the performance of services;
and,
7) Other.such information.as the City may reasonably require.
III. METHOD OF PAYMENT. Payment to Consultant for the compensation
specified in Section I, above, shall be made after the Executive Director or
designee determines that the billing submitted pursuant to Section II, above,
accurately reflects work satisfactorily performed..City shall pay Consultant
within thirty (30) days there from.
Page 9 of 11
. . EXHIBIT C
The:Consultant shall maintain throughout the duration of the term of the Agreement,
liabilit
y- insurance covering; the Consultant and, with fhe :exception of Professional
Liabft':lnsurance, designating.. i City including Ci .including its elected or appointed officials,
directors, officers, agents, employees, .volunteers, or consultants, as additional insured
against any and all claims.resulting in injury.or damage to persons or property (both real
and personal) caused by any aspect of the Consultant's work, in:'amounts no less than
the following and with. such deductibles as are ordinary and reasonable in.keeping with
industry standards. .It-shall be stated; in the Additional Insured Endorsement. that the
Consultant's insurance policies shag be primary. as respec#s any.claims related to or as
the result of the Consultant's work. Any insurance, pooled coverage, or self-insurance
maintained by the City and City; its elected or appointed officials, directors, officers;
.agents, employees;volunteers, or consultants shall be-non-contributory.
Professional Liability Insurance $1,000,000/$2,000,000
General Liability:
a. . General Aggregate $2,000,000
b. Products Comp/Op Aggregate $2,000,000 .
C. Personal &Advertising Injury $1,000,000
d. Each Occurrence $1,000,000
e. Fire Damage (any one fire) $ 50,000
f. Medical Expense(any one person) $ 5,000
Workers' Compensation:
a. Workers' Compensation Statutory Limits
b. EL Each Accident $1,000,000
c. EL Disease = P.olicy Limit $1,000,000
d. EL.Disease- Each Employee $1,000,000
Automobile Liability.
a. Any vehicle; combined single limit $1,000,000
The Consultant shall provide thirty (30) days advance notice to City in the event of
material changes or cancellation of any coverage. Certificates of insurance and
additional insured endorsements shall be furnished to City thirty (30).days prior to the
effective date of this Agreement. Refusal to submit such certificates shall constitute a
material breach of.this:Agreement entitling City to any.and all remedies at law or in
equity, including termination of this Agreement. If proof of insurance required under this
Agreement is not delivered.as required or if such insurance is canceled and not
adequately replaced, City shall have the.right but not the duty to obtain replacement
Page 10 of 11
Insurance and to charge.the.Consultant for anypremium due for such coverage..City
has the option to deduct any such premium from the sums due to the Consultant.
Insurance is to be placed with insurers:authorized and.admitted to write insurance in
California-and with a current AN. Best's rating ofA-:Vll or better. :Acceptance of
insurance from a carrier ...h a rating lower.than&NII is subject to-approval by City's -:
Risk Manager.: Consultant shall immediately advise City_of any litigation that may affect
these,insurance policies.
Page 11 of 11
ACIORbP CERTIFICATE OF LIABILITY INSURANCE
fl17
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: It the carOflcate holder is an ADDITIONAL INSURED,the polky(fes)must have ADDITIONAL INSURED provlslona or be endorsed.
If SUBROGATION IS WAIVED,sub)ect to the ismia and conditions of the policy,certain policies may require an andorsomant. A statement on
this cortifieate does not confer rIght5 to tho cartincate holder In lieu of such endorsamant(s).
PROCUCER Risk Strategies Company f7lsk Strategies com
Wy
2040 Main Street,Suite 450 PNCNa 949.242.9za0 AIC
Irvine,CA 92614
s oun risk-stra! les.com
ws AFFCRDNG COVERAGE NAIC e
www.r}sk•slralagies.com CA D01 License No.OF06675 INSURERA I Cillzens Insurance CO.of America 31534
INSURED a+suRaRa: Aflmedca Financial Banalil Ins Co 41640
T EM S Planning Inc.
17542 E.171h$treet,.Suite 100 s w Fmc: HanoverAmerlmn Insurance Co. 36064
Tustin CA 92780 I NSURFRD: CcnWwtal Casualty Company 20443
RMRI-R E
ar RSRF:
COVERAGES CERTIFICATE NUMBER:37421528 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. NOTWITHSTAWING 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.
ADM 3UUR WI Tree OF tNSURArrCB POuaY PAP
POLICY NUMBER LIMM
A COMNERCIALCEJMRAL1SAaLrTY OB3AS46792 2/112017 2111201E EACHOCCURR6NCE s 521000,0
CLAW54WE a OCCUR P s 51,000,0
MED EXP me Person) s $10,000
PERSONAL A ADV V=RY S $2,D00.000
GERLAGGREGATELOAMT APPLIES PER: GENERALAGGREOATE S $4.000,1300
POLICYaPRO�• I.� I.-!LOC PRODUCTS.COMP/OFAGO S S4,000,000
OrHER S
B AUTOuosILEUAMLITY AW3A212497 211RD17 21112016 J N L1Ml s 51,000,000
ANY AUTO SC0l.Y PWRY(Pr pamm) S
OWNED liONEDULEO
AMOS ONLY AUTDS ECOLY INJURY(Par tcddeM) 3
UT ONLY AMOS ONLY
"RED NON-OWNEDPROPERTY AMA 3
S
A WV Nri4RlLLA Wa OB3A546792 2/112017 2/1/2018 EACH OCCURRaNCe s 52,000,000
ExcessH OCCUR
—%fi CLS."SMADE AGGREGATE s 52,00fl.00
CEO RETENTION 40
S
C WORxaasccaPENSArAm WZ3A546821 2/112017 2/112018
AND t7lPWMW LU MUTY YIN -'
A1iY'?fl0?Po=-TUR'p'W7N£'S CLRM E.L. H ACCIDENT S 51.000,
WAnd y In NH)ExC1Upc�7 N I A
EACH
D Nurow E.L DLSEASE•EA EJAPLOYO S S1,000,000
AMON OF OPERATIONS betty E.L CLS EASE•POLICY Uwr s 51.000.00
D ProfasslOnal Liability MCH288294144 9TO-12018 9/2012017 ParCla)m:$1,000.000
Aggregate;$2.000.000
CeSCRIPTICN OF OPERATIONS ILOCATIORS rVENICLES(ACORD 1a1,Addhlansl Ranertu schMAda.mar be ohxhW w mwe spas is rsgtdreA
Prejacts as on file v Mh the insured Including but not Ilmlted to 1038.001 Grand Terrace SP Peer Review(JN 1036.001).
City of Grand Terrace,its elected or appointed oft lals,dlmctcrs,officers,agents,employees,volunteers,or Consultants are named as
additional Insureds and primary/non-contributcry applles to the general and auto llabliitysae attached endOrsaments.
CERTIFICATE HOLDER CANCELLATION
Cityy of Grand Terrace SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCER I Fn BEFORE
L279513e110n Road THE EVIRAMCN DATE THEREOF, NOTICE WiLL BE DMJVMgD IN
Grand Terrace CA 92313 ACCORDANCE WITH THE POLICY PROV19tONS.
AUfHORNMREPRESF3RATNE r
f.
Michael Christian f
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2018103) The ACORD name and logo Ere registered marks of ACORD
7767157! 1 17.16 CL.AL.L7..19C. 16.17 9L I Rar.ha 240,:Ian 1 9123/3017 11,21,47 Art NMI 1 Page I of 4
Architects and Engineers
The following policy language is from Businessowners General Liability Coverage Part
NAMEp INSURED:T&B Plarming,inc. POLICY NUMBER•083A546792
The following are mandatory forms an the policy identified on the Certificate of insurance:
391-1586(08-16)BUSINESSOWNERS GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT
Additional Insured by Contract,Agreement or Permit
A. Section fl—Liabillty,C—Who Is an Insured is amended to include as an additional Insured any person or organization
with whom you agreed in a written contract,written agreement or permit but only respect to liability for'bodily Injury","property
damage"or"personal and advertising Injury"caused,in whole or in part,by your acts or emissions;or the acts or omissions of
those acting on your behalf,but only with respect-to:
(1). "Your works for the.additional insured(s) designated In the contract, agreement of permlt,including "bodily
injury" or "property damage" included in the "products - completed operations hazard" only If this Coverage
Part provides such coverage;
(it) Premises you own,rent,lease,or occupy;or
(111) Your maintenance,operation or use of equipment leased to you.
This provision does not apply:
(1)Unless the written contract or written agreement has been executed or permit has been Issued prior to the"bodily
Injury","property damage","personal Injury'or'advertising injury".
(2) To any person or organization Included as an Insured by an endorsement Issued by us and made part of this
Coverage Part.
(3)To any lessor of-equipment(a) After the equipment lease expires; or(b)If the"bodily Injury",'property damage",
"personal Injury"or"advertising Injury"arises out of sole negligence of the lessor.
(4)To any: (a)Owners or other Interests from whom land has been leased which takes place after the lease for the
land expires;or(b)Managers or lessons of premises If: (1) The occurrence takes place after you cease to be a tenant
in that premises; or (11) The "bodily Injury", "property damage', "personal Injury'or"advertising Injury"arises out of
structural alterations,new construction or demolition operations performed by or on behalf of the manager or lessor.
(5)To'bodily injury',"property damage"or'personal and advertising injury"arising out of the rendering of or failure to
render any professional services,
This excius[on applies even If the claims against any In allege negligence or other wrongdoing in the supervision,hiring,
employment, training or monitoring of others by that insured, if the"occurrence"which caused the"bodily Injury"or"property
damage or the offense which caused the"personal and advertising Injury"involved the rendering of or failure to render any
professional services by or for you.
Other Insurance Primary&Non-Contributory
The following paragraph is added to SECTION Ill — COMMON POLICY CONDITIONS, H — Other Insurance: Additional
Insured—Primary and Non-Contrlbutory. ,If you agree In a written contract,written agreement or permit that the insurance
provided to any person or organization included as an Additional insured under SECTION 11—Liability,C.Who is an insured
is primary and non-contributory, the following applies: If other valid and collectible Insurance is available to the Additional
Insured for a loss covered under SECTION II—LIABILITY of this Coverage Part,our obligations are limited as follows:
(1) Primary Insurance: This insurance is primary to other insurance that Is available to the Additional insured which
covers the Additional Insured as a Named Insured.We will not seek contribution from any other Insurance available to
the Additional Insured except(a)For the sot-negligence of the Additional Insured;(b)When the Additional insured is
an Additional insured under another primary liability policy;or(a)When b.below applies. If this insurance is primary,
our obligations are not affected unless any of the other insurance Is also primary.
(2) Excess Insurance:
(a)This insurance is excess over any of the other insurance,whether primary,excess,contingent or on any other
basis:
(1) That is Fire,Extended Coverage,Builder's Risk,installation Risk or similar coverage for"your work";
(i1) That Is Fire insurance for premises rented to the Additional insured or temporarily occupied by the Additional
insured with permission of the owner;
(ill) That is Insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for
"property damage"to premises rented to the Additional Insured or temporarily occupied by the Additional with
permission of the owner,or
(hr) If the loss arises out of the maintenance or use of aircraft,"autos"or watercraft to the extent not subject to
Exclusion g.of SECTION it-LIABILITY.B.Exclusions,1.Applicable to Business Liability Coverage.
11421518 i v-a® M-u..ur.NC, 19.17 rz I Marsha naaelan i s/2s/2ov t;m,w AX hark I aav": of
(v) That is insurance available to you for your participation in any past or present"unnamed joint venture".
(vQ That is any Insurance you may have that provides coverage for your professional services.
(b)When this insurance is excess,we will have no duty to defend the Insured against any"sutt"if any other insurer
has a duty to defend the insured_against that"suit".If no other Insurer defends,we will undertake to do so,but we will
be entitled to the Insured's rights against all those other insurers.
(c)When this insurance is excess over other Insurance,we will pay only our share of the amount of the loss,if any,
that exceeds the sum of
(i)The total amount that all such other Insurance would pay for the loss in the absence of this insurance;and
(IQ The total of all deductible and self-insured amounts under all that other Insurance.
We will share the remaining loss,if any,with any other insurance that Is not described in this Excess Insurance
provision and was not bought specifically to apply in excess of the Limits of Insurance shown In the Declarations of this
Coverage part.
(3) Method Of Sharing
If all of the other insurance permits contribution by equal shares,we will follow this method also.Under this approach,
each insurer contributes equal amounts until It has paid Its applicable limit of Insurance or none of the loss remains,
whichever comes first.If any of the other Insurance does not permit contribution by equal shares,we will contribute by
limits.Under this method,each Insurer's share Is based on the ratio of Its applicable limit of insurance to the total
applicable limits of Insurance of all Insurers.
Per Project Aggregate
The following changes are made to SECTION II-LIABILITY:
1.The following is added to SECTION II-LIABILITY,D.Liability and Medical Expenses Limits of insurance,paragraph 4:
The Aggregate Limits of Insurance apply separately to each of"your projects"or each"location"listed In the
Declarations.
2. For the purpose of coverage provided by this endorsement only, the following Is added to SECTION II • LIABILITY, F.
Liability and Medical Expenses Definitions:
1."Your project"means:.
a.Any premises,site or"location"at,on,or in which"your work"is not yet completed;and
b.Does not include any"location"listed In the Declarations.
2."Location" means premises Involving the same or connecting lots, or premises whose connection is Interrupted only by a
street,roadway,waterway or right-of-way of a railroad.
Separation Of insureds
Except with respect to the Limits of insurance, and any rights or duties specifically assigned in this Coverage Part to the first
Named Insured, this Insurance applies:a.As If each Named Insured were the only Named Insured;and,b.Separately to each
Insured against whom claim is made or`suit"is brought.
Waiver Of Subrogation
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV
COMMERCIAL GENERAL LIABILITY CONDITIONS)Is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization where required by written contract because
of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with
that person or organization and included in the 'products-completed operations hazard". This waiver applies only to the
person or organization where required by written contract,
Notice Of Cancellation
For any statutorily permitted reason other than non-payment of premium, the number of days required for notice of
cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an
applicable state cancellation endorsement;is Increased to 90 Days.
ti
AUTHORIZED REPRESENTATIVE
'From HancvarForm3:391.1445(OVIII);391-1586(mg),391-1003(av0)
No coverage is provided by this Notice,nor can It be construed to replace any provisions of the policy(Including Its endorsements). If there Is any connkl
between this Notice and the policy(Including the endorsements),the pmvislons of the policy(Including Its endowments)shall prevall.
37431528 117.10 CL•AL.VL-MC. 15-17 1PL I Naraha Ran Um t 0/25/1011 11,21,47 AM (M) I Ingo 3 at 4.
POLICY NO.:AW3A212497
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED- PRIMARY AND NON-CONTRIBUTORY
This endorsement modifies Insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. The following is added to SECTION Il —
]LIABILITY COVERAGE, Paragraph A.I. Who Is if you agree In a written contract, written
An Insured: agreement or written permit that the insurance
Additional insured If Required by Contract provided to a person or organization who qualities
If you agree in a written contract, written as an additional 'insured' under SECTION II —
agreement or written permit that a person or LIABILITY COVERAGE$ Paragraph A.I. Who Is
organization be added as an additional "insured' An insured, subparagraph Additional Insured if
under` this Coverage Part, such person or Required by Contract is primary and non-
organization is an 'Insured"; but only to the extent contributory,the following applies:
that such person or organization qualities as an The liability coverage provided by this Coverage
"insured'under paragraph A.1.c.of this Section. Part is primary to any other insurance available to
If you agree in a written . contract, written the additional "Insured' as a Named Insured. We
agreement or written permit that a person or will not seek contribution from any other insurance
organization be added as an additional "Insured" available to the addlUonal"Insured'except:
under this Coverage Part, the most we will pay on (1) For the sole negligence of the additional
behalf of such additional"insured"is the lesser of. "Insured";or
(1) The Limits of Insurance for liability coverage (2) For negligence arising out of the ownership,
specified In the written contract, written maintenance or use of any 'auto` not owned
agreement or written permit;or by the additional "insured' or by you, unless
(2) The Limits of Insurance for Liability Coverage that"auto"is a"trailer'connected to an"auto"
shown in the Declarations applicable to this owned by the additional"Insured"or by you;or
Coverage Part. (3) When the additional "Insured" Is also an
""insured under another liability
Such amount shall be part of and not in addition to additional lY
the Limits of Insurance shown in the Declarations policy.
applicable to this Coverage Part. Regardless of C. This endorsement will apply only If the "accident"
the number of covered "autos", "Insureds", occurs:
premiums paid, claims made or vehicles Involved 1. policy Dudn the
In the•accident, the most we will pay for the total g p period;
of all damages and "covered pollution cost or 2• Subsequent to the execution or the written
expense" combined resulting from any one contract or written agreement or the Issuance
"accident" is the Limit of Insurance for Liability of the written permit:and
Coverage shown in the Declarations. 3. Prior to the expiration of the period of time that
B. The following is added to SECTION IV — the written contract, written agreement or
BUSINESS AUTO CONDITIONS, Paragraph B. written permit requires such Insurance to be
General Conditions, subparagraph 5. Other provided to the additional`Insured'.
insurance: D. Coverage provided to an additional 'Insured' will
Primary and Non-Contributory not be broader than coverage provided to any
other"insured"under this Coverage Part
ALL OTHER TERMS,CONDITIONS,AND EXCLUSIONS REMAIN UNCHANGED.
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