HomeMy Public PortalAboutAgreement_2011-01-05_Vanir Construction Management Inc_2nd AmendmentSECOND AMENDMENT TO
CONSULTANT SERVICES AGREEMENT
by and between
the
THE CITY OF TEMPLE CITY COMMUNITY
REDEVELOPMENT AGENCY
and
VANIR CONSTRUCTION MANAGEMENT, INC.
Dated January 5, 2011
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SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT
This Second Amendment to Consultant Services Agreement ("Second 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 into 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. Section 4 of the Agreement provided
that the maximum compensation under the Agreement shall be $125,000 for Phase 1 of
the Scope of Work.
B. On December 10, 2010, CRA and Consultant entered into a First Amendment to
Consultant Services Agreement ("First Amendment"), amending Section 4 of the
Agreement to increase the maximum compensation for Phase I to $150,000 and
amending Exhibit D to extend the completion of Phase I of the Scope of Work from
October 22, 2010 to December 21, 2010.
C. CRA and Consultant agree that Phase 1 of the Scope of Work has now been completed
and CRA hereby authorizes Consultant to proceed with Phase 2 of the Scope of Work.
As such this Second Amendment amends Section 4 to increase the maximum total
compensation by $279,700 to a total of $429,700 and to amend Exhibit D to adjust the
commencement and completion dates for Phase 2 of the Scope of Work.
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.I 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, shall not exceed
(unless additional compensation is approved in writing by the CRA Board
or Executive Director if within his/her purchasing authority), FOUR
HUNDRED TWENTY-NINE THOUSAND SEVEN HUNDRED
DOLLARS (5429,700) which amount is apportioned by Phase as follows:
(1) for Phase 1 (Pre -Design Services) ONE HUNDRED AND FIFTY
THOUSAND dollars ($150,000); and (2) Phase 2 (Design 1 Re -Design)
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TWO HUNDRED SEVENTY-NINE THOUSAND SEVEN HUNDRED
DOLLARS ($279,700)."
1.2 PROJECT SCHEDULE. Exhibit D to the Agreement is hereby
amended as follows: all of the dates listed in the column titled "Early
Start" for the Phase 2 (Design I Re -Design) tasks shall be reset such that
Phase 2 commences on 01/05/2011 and is completed by 0913 0/2011.
2. GENERAL PROVISIONS.
2.I Remainder Unchanged. Except as specifically modified and amended in
this Second Amendment, the Agreement and First Amendment remains in full force and effect
and binding upon the parties.
2.2 Integration. This Second Amendment consists of pages 1 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 Second Amendment,
2.3 Effective Date. This Second 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 Second Amendment.
2.5 References. All references to the Agreement include all their respective
terms and provisions. All defined terms utilised in this Second Amendment have the same
meaning as provided in the Agreement and First Amendment, unless expressly stated to the
contrary in this Second Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
the Agreement on the date and year first written above.
CRA:
CITY OF TEMPLE CITY COMMUNITY
REDEVELOPMENT AGENCY
By:
Jose Pulp o, Executive Director
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ATTEST:
rne'-F� l
Mary Ftan ick, Secretary
APPROVED AS TO FORM
Eric S. Vail, General Counsel
CONSULTANT:
VANIR CONSTRUCTION MANAGEMENT,
INC.
By:
Name: Mansour M. Aliabadi
Title: President 1 CEO
By: _
Name: Alexander V. Leon
Title: CFO I Sr. Vice President
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