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Albert A. Webb Associates-2018-48 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND ALBERT A. WEBB ASSOCIATES This AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND ALBERT A. WEBB ASSOCIATES ("Amendment No. 1") by and between the CITY OF GRAND TERRACE ("City") and Albert A. Webb Associates, a California corporation, ("Consultant") is effective as of the-.4:3v day of �19 0 U , 2018. RECITALS A. On or about September 20, 2017, the City and Consultant entered into an agreement to provide preliminary engineering services in relation to Commerce Way in the City of Grand Terrace ("Project"). B. City and Consultant entered into that certain Professional Services Agreement, dated February 13, 2018, for the provision of final engineering and other related services in relation to the Project, as more particularly described therein ("Agreement"). C. City and Consultant now desire to amend the Agreement to include the final design services, including the preparation of exhibits, plats and legal descriptions for properties required for the Project and desire to accordingly increase the compensation therein. TERMS 1. Contract Amendments. The Agreement is amended as provided herein a. Exhibit A-1 of this Amendment No. 1 is hereby added as Exhibit A-1 to the Agreement. b. Exhibit B-1 of this Amendment No. 1 is hereby added as Exhibit B-1 to the Agreement. C. Section 1 of the Agreement is hereby modified as follows (strikethfough represents deleted language and bold italics represents new language): "CONSULTANT'S SERVICES. Consultant agrees to perform during the term of this Agreement the tasks, obligations, and services set forth in the 4eiwiee Proposal" Exhibit A and Exhibit A-1, which are both incorporated herein by this reference, (the "Services") and other engineering work as needed." 01247.0006/519661.1 d. Section 4 of the Agreement is hereby modified as follows (str-ilethr-eugh represents deleted language and bold italics represents new language): "PAYMENT FOR SERVICES. For services performed pursuant to Exhibit A, 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," attached to and incorporated into this Agreement as Exhibit B. For services performed pursuant to Exhibit A4, City shall pay for such services performed by Consultant, pursuant to the terms of this Agreement, the compensation set forth in Exhibit B-1, which is incorporated herein by this reference. The fees for services shall not exceed the authorized amount as set forth in Exhibit B and ExhibitB-1, unless the CITY has given specific advance approval in writing." 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 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. 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. 01247.0006/519661.1 [SIGNATURES ON FOLLOWING PAGE] 01247.0006/519661.1 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 munici 1 corporation r2_� Y_ :::�I �- G. Harol fey, C&IManager EST: Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE 41— Adrian R. Guerra, City Attorney CONSULTANT: Albert A. Webb Associates By: A�� Name: Bruce Davis- Title: Senior Vice President By: gdayfwL Name: Dilesh Sheth Title: Vice President Address: 3788 McCray'Street Riverside, CA 92506 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. 01247.0006/519661.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies onlythe identity of the.individual who signedthe document to which this certificate is attached;and not the truthfulness;accuracy,or validity,of that document. State-of California County of On :.. . ( � Z�`(�. before me;. . Allison Hill, Notary:Public :Date Here Insert Name and Title of the Officer personally.appeared Name(s)of Signer(s) who proved to:rrle.on the basis of satisfactory evidence to be the,person(s)whose name(s) is/are subscribed to the within instrument.and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ie.$),-a.nd that by his/her%their signature(s)on the instrument the person(s),-or the entity upon behalf of which the person(s) acted, executed:the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing ALLISON HILL paragraph is true and correct_. NotaryPublic-California Z Riversidecounty Commission#2185013 WITNESS my hand and official seal. My Comm.Expires Feb 27,2021 Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL .. Completing this information can deter alteration of the document-or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title. or Type of Document: Document Date: Number of Pages: Signer(s) Other Than.Named Above: - Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑'Corporate Officer-Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner--' ❑ Limited ❑ General ❑. Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee. ❑ Guardian of Conservator ElTrustee ❑ Guardian of Conservator ❑ Other: . ❑ Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association 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 On , 2018 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNESS my hand and official seal. Signature: 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)) SIGNERS) OTHER THAN NAMED ABOVE 01247.0006/519661.1 Exhibit A-1 Additional Scope of Services The City of Grand Terrace desires to obtain the street right of way (ROW) and Temporary Construction Easement (TCE) for a portion of Taylor Street and West Drive prior to the final engineering design of the said streets. Currently, Consultant has prepared Specific Plan leveled conceptual design for Taylor Street, estimated at 15% completion. There is neither aerial topo nor further design efforts have been authorized by Lewis. At the directive of the City Engineer, Legal and Plats for ROW and TCE for Taylor Street and West Drive ROW acquisition will be prepared based on the above mentioned conceptual design of the horizontal alignment and typical street cross-section. The street vertical alignment, grading limit, access, driveways, utility relocation,existing trees and fences relocation are excluded in our scope of services. U ''t r LEWIS PROPERTY tilt $( f GRAND TERRAE `' ( r HIGH SCHOOL pol w APS AUTO PARTS 'sey SPECIALIST,INC. a' - p� HIGHLANDS ` WATER CO '` '4 { ' , j ' MAIN ST EXHIBIT 1 —Taylor Street ROW For the south half of West Drive (within Fo Fan Chi Ming property), the existing aerial topo in conjunction with Lewis property is available, but no previous design has been conducted. The City directed Consultant to prepare legal and plats for ROW and TCE based on the same street crosssection of Commerce Way project and extend the West Drive to Van Buren Street as shown on exhibit 2 below. There will be no street design for this segment of the West Drive. The horizontal and vertical alignment, grading limit, access, driveways,utility relocation, existing trees and fences relocation are excluded in our scope of services. Due to the anticipated truck traffic, the proposed curb return of 50' radius from Van Buren to West Drive will be used to the corner cut back. 01247.0006/519661.1 L� yr t @:••{ r ram, v"`` ,.--.... �""�:. r,."+..�..=; �; —'�'• �`,,�'�+, ! �x . "± ~' :;"'..,"'""""" r• ` to ��t.� f ,,,",.-, ^. ,f, 3 J. LU FO FAN CHI MING LLC w. LEWIS PROPERTiol `� ,` VAN 13UREN ST � w y I LEWD PROPERTY 771 Y? Exhibit 2—West Drive ROW Consultant shall therefore perform the following additional services: 1. Legal &Plats,Property Exhibits for ROW and TCE a. Prepare Legal and Plats for the City identified four properties for ROW take: i. APN 1167-181-12 Fo Fan Chi Ming,LLC ii. APN 1167-151-76 Riverside Canal Power Company iii. APN 1167-151-77 APS Auto Parts Specialist, Inc. iv. APN 1167-151-41 Riverside Highland Water Company b. • Prepare Legal and Plats for TCE for the above listed four properties, the typical TCE will be 20' in width, or to the existing building if less than 20' c. • Provide Preliminary Title Repot for each of the four properties d. Prepare property acquisition exhibit for each of the four properties with property boundary, acreage, existing easements, proposed road width, typical street sections, ROW dedications,TCE delineation e. Update Legal, plats and exhibits as needed per plan review comments and final acquisition agreements 01247.0006/519661.1 2. Project Management,Meetings, Coordination ia. Attend PDT meetings with the City and project team b. Attend meetings with developer(Lewis) c. Update project schedule as needed 3. Prepared Out of Scope Property Exhibits for Commerce Way At the request of the City, Consultant prepared extensive detailed property exhibits for the ROW and TCE take for Commerce Way, De Berry Street and West Drive improvements and preliminary construction cost estimate within each property for the following properties: APN 1167-151-78,79, 33 Georgia Capital APN 1167-151-10 Hubbs APN 1167-151-12, 13 Johansen APN 1167-171-11 Petta With the progress of property acquisition, Consultant anticipates additional revisions and updates for these exhibits. These exhibits are special request of the property acquisition team, to assist the negotiation and is more comprehensive to the above listed property owners. Note: In general practice, legal and plats for ROW and TCE are prepared based on the final engineering design reaches at least 60% completion, to minimize the impact to ROW by any major design change, utility relocation and drainage facilities or other unforeseen restrictions. However, due to the project funding and special considerations, the City directed Consultant to proceed with legal and plats to facilitate the ROW acquisition ahead of the final design. The limited scope of engineering services will limit the information shown on the exhibits. 01247.0006/519661.1 Exhibit B-1 Additional Schedule of Compensation for Services Performed Pursuant to Exhibit A-1 Services described in Exhibit A-1 shall be provided on a time and material basis,but shall not exceed $29,890. Task Description O U ask13 Legal &Plats Pro ert Prepare Legal&Plats for 4 2 2 2 132 2 2 $6,750 $300 $7,050 Prepare Legal&Plats for 4 2 22 2 28 $4,320 $4,320 Prepare Property Acquisition Exhibit 2 2 28 34 $5,400 $5,400 Update Legal&Plats and Exhibits as 1 8 11 $1,620 $1,620 1ask-S-Total 18,390 Task 2-Project Mang emen Attend Monthly PDT Meetings with 2 2 6 $1,060 $300 $1,360 Attend Meetings with the Developer- 2 2 4 $660 $660 Update Project Schedule as Needed 4 j2 6 $980 $980 Task,4 Total 3;000 Task 3-Out of Sco a Pro ert Prepared Property Acquisition Exhibit 2 2 32 4 40 $6,200 $6,200 Update Legal&Plats and Exhibits as 2 2 8 2 14 $2,300 $2,300 -ask 5,Tota1 8,500 otal =` 12 .0 185` : 29,290A. $600:0 $29,890A,_ Exhibit B—Compensation for Services 01247.0006/519661.1