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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-