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HomeMy WebLinkAboutCC 8 E. TUSTIN SPEC PLN 11-4-85,o.CONSENTCALENBAR8 ~ ~ 11-4~5 DATE: ,ovember 4, 9.s Inter Corn TO: FROM: SU BJ ECT: HONORABLE NAYOR AND CITY COUNCIL COre'UNITY DEYELOPNENT DEPARTNENT SECOND AFIEND~ENT, JOINT STUDY AGREENENT/EAST TUSTIN SPECIFIC PLAN RECOI~ENDATION: Staff recommends that the Mayor sign the proposed amendment, authorizing the subject amendment to the joint study agreement for the East Tustin Specific Plan. DISCUSSION: In the preparation of the East Tustin Specific Plan, the city has retained the services of six separate consulting firms. In keeping with the State law governing the preparation and cost for specific plan, The Irvine Co. has reimbursed the city for the cost of these consultants. ~,~,original agreement for the joint study was approved by the Council in ~.~b_~t of 1983. One consultant was replaced and an amendment to the agreement was required in January of 1984. The project has required more time and effort than originally anticipated. This has caused the need for a change in the scope of work for each of the six consultants. The total dollar amount The Irvine Company will be reimbursing for the amended consultant contracts totals $198,810. Additionally, a $50,000 contingency fund is included to facilitate any additional changes that may occur after this agreement is signed by the City and Company. The Company will be additionally funding this $50,000 amount. Senior Planner EK:do SECOND AMENDMENT TO JOINT STUDY AGREEMENT PETERS CANYON SPECIFIC PLAN THIS SECOND AMENDMENT TO THE JOINT STUDY AGREEMENT, PETERS CANYON SPECIFIC PLAN is made and entered into as of , 198_, by and between the CITY OF TUSTIN, a municipal corporation within the County of Orange, State of California (the "City"), and THE IRVINE COMPANY, a Michigan corporation (the "Company"). RECITALS A. The City and the Company have entered into that certain Joint Study Agreement, Peters Canyon Specific Plan dated August 23, 1983 (the "Agreement") as amended regarding the City's employment of certain consultants to assist in preparation of the Peters Canyon .Specific Plan. B. The City and the Company wish to add the scope of work of the Consultants and increase the Company reimbursement to the City. C. Pursuant to Paragraph 3 of the Agreement, the City may discharge a consultant and a replacement consultant may be employed upon the written agreement of the City and the Company. D. The City wishes to employ J. L. Webb Planning and Larry Webb as consultants under the Agreement. E. The Company and the City wish to enter this Agreement to confim the employment of J. L. Web~ Planning and Larry Webb ko amend the Agreement in certain respects related to that employment.- F. ' City and Company wish to allow for some changes to the scope of work of the Consultants. AGREEMENT NOW, THEREFORE, IN CONSIDEILRTION of the above recitals and the covenants and conditions contained herein, the City and the Company hereby agree as follows: 1. Employment of Additional Consultant. Pursuant to Paragraph 3 of the Agreement~ the parties hereto agree that J".' L. Webb Planning and Larry Webb (the "Additional Consultant") shall be employed by the City pursuant to that certain Agreement between the City and the Additional Consultants which is attached hereto as Exhibit 1. The City and the Company acknowledge and agree that the Additional Consultant shall be employed for the purpose of participating in the preparation of the Peters Canyon Specific Plan and such employment shall be subject to the conditions to employment of "Consultants" as provided in the Agreement as hereinafter amended. 2. Amendment of Agreement. The Agreement is hereby amended as follows: (a) Employment Agreement. Exhibit 1 attached hereto shall be attached to the Joint Study Agreement, Peters Canyon Specific Plan and shall become the new Exhibit to the Joint Study Agre~nt, Peters Canyon Specific Plan. Exhibits 2 through 5 attached hereto shall be attached to the doint Study Agreement and shall become part thereof. (b) Amendment of Reimbursement Schedule. The parties acknowledge that employment of the Additional Consultant and additional scope of work for Consultants has caused an increase of $ 198,810 in the consulting fees to be reimbursed to City by the Company, which increase shall be dispersed to consultantLas follows; Consultant Amount Robert Bein Frost and Associates $ 2,000 A1Gobar 5,768 Michael Brandnmn Associates 40,573 Start Hoffman 29,630 Austin Foust Associates 12,193 EDAW/Warren Roche 41,164 Larry Webb 26,290 , Various Consultants for work completed and invoiced prior to 7/15/85 41,192 $ 198,810 The parties agree that an additional contingency fund of $50,000 is needed to cover changes to the scope of work which may be mutually agreed to in the future. To acknowledge such increase in consulting fees and the potential contingency fund and to provide for reimbursement thereof, Paragraph 3 of the Agreement shall be amended to read, in its entirety, as follows: "3. Company shall reimburse City for all of the fees and costs of the planning services described in the Planning'Agreements. Company has delivered to City for deposit with the City Treasurer Two Hundred Fifty-Seven Thousand Nine Hundred Fifty-Six Dollars ($257,956.00) Company shall deliver to City for deposit with the City Treasurer One Hundred Ninety Eight Thousand Eight Hundred Ten Dollars ($198,810) in installments as follows: Payment N~.-. Amoun~..zW--Payment Time of Paymen[ 1 $ 60,000 2 30,000 3 30,000 4 60,000 5 18,810 Execution of the Second Amendment City/Company agreement on processing schedule or no later than 11/1/85 Completion of draft EIR and draft Specific Plan or no later than 1/1/86 1st Planning Commission Hearing on Specific Plan or no later than 2/1/86 Adoption of Specific Plan or no later than 4/1/86 --2-- ' Company shall deliver to City for deposit with the Ci~ Treasurer up to a maximum of Fifty Thousand Dollars ($50,000) when and if work is authorized by mutual agreement, which work is not otherwise included in the scope of work attached hereto. Deposits will be made in an amount or amounts to fund specific work tasks authorized in writing by the parties. City agrees that the total liability of the Company which may arise from this Agreement shall not exceed Five Hundred Six Thousand Seven Hundred Sixty Six Dollars ($506,766.00). Company shall not be obligated to pay for any increase in the scope of planning services described in the Planning Agreements for the lands described in those agreements, unless the increase in the scope of work is approved by Company in writing, in advance. If City in its judgment determines that any one or more of the Consultants is not fulfilling its contractual obligations, City may take any and all actions it deems appropriate to insure perform- ance by any of the Consultants, including discharge of any one or more of the Consultants. In the event that City in the exercise of its reasonable judgment determines that a Consultant is not perform- ing its duties as prescribed in its contract, City may withhold payment to the Consultant and in such event City shall advise Company of such fact and the aforesaid paYments to be made by Company shall b~ deferred in an amount commensurate with the withheld paYment or payments. The employment of any replacement Consultants shall be upon written agreement between City and Company." 3. Full Force and Effect. The parties acknowledge and agree that the Agreement, as hereby amended, remains in full force and effect in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF TUSTIN, a municipal corporation Attest: THE IRVINE COMPANY a Michigan Corporation By By