TSR Construction and Inspection-2020-01 2020-01
AMENDMENT NO. 1
TO AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF GRAND TERRACE AND
TSR CONSTRUCTION AND INSPECTION
This AMENDMENT NO. 1 TO AGREEMENT FOR PUBLIC WORKS
SERVICES BETWEEN THE CITY OF GRAND TERRACE AND
TSR CONSTRUCTION AND INSPECTION("Amendment No. 1")by and between the CITY
OF GRAND TERRACE ("City") and TSR Construction and Inspections, a California
corporation("Contractor")is effective as of the 11th day of February, 2020.
RECITALS
A. The City and Contractor entered into an "Agreement for Public Works Services"
wherein Contractor agreed to modify the existing signal at Preston and Barton in the City of Grand
Terrace as more particularly described in its Exhibit "A" for a total contract sum of $82,000
("Agreement").
B. The City has now learned that it is in need of replacing the existing buried conduits
of the Preston Signal in furtherance of Contractor's project and Contractor has the sufficient skill
and knowledge necessary to carry out and assist the City in its construction of the Preston/Barton
Road Signal Modification Project.
C. The City and Contractor therefore desire to amend the Agreement such that the
scope of services in the Agreement will include the additional scope of services related to the
construction of the modification of the signal required the Preston/Barton Road Signal
Modification Project and to increase the total compensation provided under the Agreement by
$35,800.00 (for a new total contract sum of$117,800).
TERMS
1. Contract Amendments.The Agreement is amended as provided herein
1.1 Section 2.1, "Contract Sum," of the Agreement is hereby amended as
follows (strip represents deleted language and bold italics represents added
language):
"Contract Sum". Subject to any limitations set forth in this
Agreement, City agrees to pay Contractor the amounts specified in
the"Schedule of Compensation"attached hereto as Exhibit"C"and
incorporated herein by this reference. The total compensation,
including reimbursement for actual expenses, shall not exceed
Eight,Two Thousand Dollars (482 nnm One Hundred Seventeen
Thousand Eight Hundred Dollars and Zero Cents ($117,800.00)
("Contract Sum") unless the CITY has given specific advance
approval in writing."
as approved by the City Council. Planning commissioners
shall complete this training within one (1) year of being appointed to the Planning Commission,
and every two (2) years thereafter.
CC Reso 2020-02 Page 1 of 2 February 11, 2020
1.2 Subsection v of Section II of Exhibit"A"is hereby added and shall read
as follows:
"v. Task 5. Contractor shall: 1) saw cut,remove and haul away
existing pavement, sections of the ADA ramps, spandrel, sidewalk
etc.;2)Pothole and locate utilities,trench and install 2"conduit and
new boxes for the existing signal,Backfill and compact,install new
AC to match existing for the width of trench only; 3)patch concrete
ramps, curb, spandrel, etc. for the width of trench only; and 4)
conduct related traffic control."
1.3 Section I of Exhibit "C" is hereby amended and shall now read as
follows:
"I. Contractor shall perform all work at the rates on the Bid Sheet submitted as
part of Contractor's Proposal, and listed below:
;.:ITEM DE:SCRIPTION'OF:ITEMS ESTIMATED ; UNIT' TOTAL
6 NO...2 " QUANTITY COST,
MOBILIZATION, 1 LS $5,000
DEMOBILIZATION AND
FINAL CLEANUP
2 TRAFFIC CONTROL 1 LS $3,000
SYSTEM
3 DUST AND 1 LS $1,000
STORMWATER
TRAFFIC SIGNAL
4 TRAFFIC SIGNAL 1 LS $73,000
MODIFICATION FOR THE
INTERSECTION OF
PRESTON AND BARTON
ROAD
5 CONDUIT WORK 1 LS $35,800
TOTAL AMOUNT: $117,800
1.4 Section V of Exhibit "C" is hereby amended and shall now read as
follows:
"V. The total compensation for the Services shall not exceed $117,800 as
provided in Section 2.1 of this Agreement."
1.5 Section I of Exhibit "D" is hereby amended and shall now read as
follows:
m," of the Agreement is hereby amended as
follows (strip represents deleted language and bold italics represents added
language):
"Contract Sum". Subject to any limitations set forth in this
Agreement, City agrees to pay Contractor the amounts specified in
the"Schedule of Compensation"attached hereto as Exhibit"C"and
incorporated herein by this reference. The total compensation,
including reimbursement for actual expenses, shall not exceed
Eight,Two Thousand Dollars (482 nnm One Hundred Seventeen
Thousand Eight Hundred Dollars and Zero Cents ($117,800.00)
("Contract Sum") unless the CITY has given specific advance
approval in writing."
as approved by the City Council. Planning commissioners
shall complete this training within one (1) year of being appointed to the Planning Commission,
and every two (2) years thereafter.
CC Reso 2020-02 Page 1 of 2 February 11, 2020
"I. Contractor shall perform all work timely in accordance with the following
schedule:
Item Days to
DESCRIPTION OF ITEMS Perform
1 MOBILIZATION, DEMOBILIZATION AND 30 Days after
FINAL CLEANUP NTP*
2 TRAFFIC CONTROL SYSTEM 40 Days after
NTP
3 DUST AND STORMWATER PROTECTION 50 Days after
NTP
TRAFFIC SIGNAL
4 TRAFFIC SIGNAL MODIFICATIONFOR THE 90 Days after
INTERSECTION OF PRESTON AND NTP
BARTON ROAD
5 CONDUIT WORK 90 Days after
NTP
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1,
all provisions of the Agreement, as amended by Amendment No. 1, 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
Contractor 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.
Contractor 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 Contractor that, as of the date of this Amendment No. 1,
Contractor is not in default of any material term of the Agreement and that there have been no
ntractor the amounts specified in
the"Schedule of Compensation"attached hereto as Exhibit"C"and
incorporated herein by this reference. The total compensation,
including reimbursement for actual expenses, shall not exceed
Eight,Two Thousand Dollars (482 nnm One Hundred Seventeen
Thousand Eight Hundred Dollars and Zero Cents ($117,800.00)
("Contract Sum") unless the CITY has given specific advance
approval in writing."
as approved by the City Council. Planning commissioners
shall complete this training within one (1) year of being appointed to the Planning Commission,
and every two (2) years thereafter.
CC Reso 2020-02 Page 1 of 2 February 11, 2020
•
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. 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]
ement"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
Contractor 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.
Contractor 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 Contractor that, as of the date of this Amendment No. 1,
Contractor is not in default of any material term of the Agreement and that there have been no
ntractor the amounts specified in
the"Schedule of Compensation"attached hereto as Exhibit"C"and
incorporated herein by this reference. The total compensation,
including reimbursement for actual expenses, shall not exceed
Eight,Two Thousand Dollars (482 nnm One Hundred Seventeen
Thousand Eight Hundred Dollars and Zero Cents ($117,800.00)
("Contract Sum") unless the CITY has given specific advance
approval in writing."
as approved by the City Council. Planning commissioners
shall complete this training within one (1) year of being appointed to the Planning Commission,
and every two (2) years thereafter.
CC Reso 2020-02 Page 1 of 2 February 11, 2020
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,
a munic' a corporation
G. Har u ey, C' anager
TEST:
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE& ER, U.P
Adrian R. Guerra, City Attorney
CONTRACTOR:
TSR CONSTRUCTION AND ISPECTION,
a California Corporation
By:
Name: Gabriel Zapirtan
Title: President
By: •
Name: 6A13R«G 19P/,PT,91/
Title: i ffe s ve e-k
Address: 8264 Avenida Leon
Rancho Cucamonga, CA 91730
NOTE: CONTRACTOR'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.
ation of Agreement; Warranty Re Absence of Defaults. City and
Contractor 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.
Contractor 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 Contractor that, as of the date of this Amendment No. 1,
Contractor is not in default of any material term of the Agreement and that there have been no
ntractor the amounts specified in
the"Schedule of Compensation"attached hereto as Exhibit"C"and
incorporated herein by this reference. The total compensation,
including reimbursement for actual expenses, shall not exceed
Eight,Two Thousand Dollars (482 nnm One Hundred Seventeen
Thousand Eight Hundred Dollars and Zero Cents ($117,800.00)
("Contract Sum") unless the CITY has given specific advance
approval in writing."
as approved by the City Council. Planning commissioners
shall complete this training within one (1) year of being appointed to the Planning Commission,
and every two (2) years thereafter.
CC Reso 2020-02 Page 1 of 2 February 11, 2020
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
(10 Gro&ht L`
On a. . , 2020 before me„[,v kJ/s 0-, A/0 personally appeared 7,0P),(7ZW
proved to me on the basis of satisfactory evidence to be the person($) whose names(sWare
subscribed to the within instrument and acknowledged to me than /she/they executed the same
in i /her/their authorized capacity(4),and that bye/her/their signature(8)on the instrument the
persons), or the entity upon behalf of which the person) 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.
,,E>�°°> LOUIS J.HUBAUD
W � Notary Public-California
WITNESS my hand and official seal. z W lSan Bernardino County
Commission R 23082675
�tiroa+ My Comm.Expires Nov 6,2023
Signa re:
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
term of the Agreement and that there have been no
ntractor the amounts specified in
the"Schedule of Compensation"attached hereto as Exhibit"C"and
incorporated herein by this reference. The total compensation,
including reimbursement for actual expenses, shall not exceed
Eight,Two Thousand Dollars (482 nnm One Hundred Seventeen
Thousand Eight Hundred Dollars and Zero Cents ($117,800.00)
("Contract Sum") unless the CITY has given specific advance
approval in writing."
as approved by the City Council. Planning commissioners
shall complete this training within one (1) year of being appointed to the Planning Commission,
and every two (2) years thereafter.
CC Reso 2020-02 Page 1 of 2 February 11, 2020