HomeMy Public PortalAboutAgreement_2010-12-24_Vanir Construction Management, Inc_1st AmendmentFIRST AMENDMENT TO
CONSULTANT SERVICES AGREEMENT
by and between
the
THE CITY OF TEMPLE CITY COMMUNITY
REDEVELOPMENT AGENCY
and
VANIR CONSTRUCTION MANAGEMENT, INC.
Dated December 24, 2010
RIV #4823-7106-3048 vi
FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT
This First Amendment to Consultant Services Agreement ("First Amendment"), which is
dated for reference as indicated on the cover page, is hereby entered into by and between the
CITY OF TEMPLE CITY COMMUNITY REDEVELOPMENT AGENCY ("CRA"), and
VANIR CONSTRUCTION MANAGEMENT, INC. ("Consultant"), as follows:
RECITALS
A. CRA and Consultant entered in a Consultant Services Agreement on August 17, 2010
("Agreement"). The Agreement provides that Consultant will provide
project/construction management and support services for the Rosemead Boulevard
Safety Enhancements and Beautification Project.
B. Section 4 of the Agreement provides that the maximum compensation under the
Agreement shall be $125,000.00.
C. This First Amendment amends Section 4 to increase the maximum total compensation to
$150,000.00.
D. Exhibit D to the Agreement provides that Phase I of the Scope of Work shall be
completed by October 22, 2010.
E. This First Amendment amends Exhibit D to extend the time to complete Phase I of the
Scope of Work to December 21, 2010.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the
parties do hereby enter into this First Amendment which modifies and amends the Agreement as
follows:
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 COMPENSATION. Section 4 of the Agreement is hereby amended as
follows:
The second sentence of Section 4, subparagraph (a) of the Agreement is
amended to read as follows: "The total compensation payable under this
contract, including reimbursement for actual expenses for Phase 1 (Pre -
Design Services) and Phase 2 (Design Phase (Redesign)), shall not exceed
ONE HUNDRED AND FIFTY THOUSAND dollars ($150,000), unless
additional compensation is approved in writing by the CRA Board or
Executive Director."
1.2 PROJECT SCHEDULE. Exhibit D to the Agreement is hereby
amended as follows: all of the dates listed in the column titled "Early
R[V #4823-7106-3048 0 -2-
Start" shall be pushed back two months, and the "Finish Date" shall be
changed from "03107113 4:59PM" to "05107/12 4:59PM."
2. GENERAL PROVISIONS.
2.1 Remainder Unchanged. Except as specifically modified and amended in
this First Amendment, the Agreement remains in full force and effect and binding upon the
parties.
2.2 Integration. This First Amendment consists of pages l through 4
inclusive, which constitute the entire understanding and agreement of the parties and supersedes
all negotiations or previous agreements between the parties with respect to all or any part of the
transaction discussed in this First Amendment.
2.3 Effective Date. This First Amendment shall not become effective until
the date it has been formally approved by the CRA Board and executed by the appropriate
authorities of the CRA and Consultant.
2.4 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this First Amendment.
2.5 References. All references to the Agreement include all their respective
terms and provisions. All defined terms utilized in this First Amendment have the same meaning
as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
the Agreement on the date and year first written above.
CRA:
CITY OF TEMPLE CITY COMMUNITY
REDEVELOPMENT AGENCY
By:
Jose PuV6, , Executive Director
ATTEST:
Mary Flan ick, Secretary
RIV #4823-7106-3045 vl -3-
APPROVED AS TO FORM
Eric S. Vail, G erc ral Counsel
CONSULTANT:
--Vanir Constrilction MnnagEqpent, Inc.
Name: Mansour M. Aliabadi
Title: President/CEO
By:
Name: Alexander V.Leon
Title: CFO/Sr. Vice President
RIV 104823-7106-3048 v1 -4-