HomeMy Public PortalAboutAgreement_2011-09-20_Vanir Construction Management Inc_3rd AmendmentTHIRD AMENDMENT TO CONSULTANT
SERVICES AGREEMENT
by and between
the
THE CITY OF TEMPLE
VANIR CONSTRUCTION MANAGEMENT, INC.
Dated September 20, 2011
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THIRD AMENDMENT TO CONSULTANT SERVICES
AGREEMENT
This third Amendment to Consultant Services Agreement ("Third
Amendment"), which is dated for reference as indicated on the cover page, is hereby
entered into by and between the CITY OF TEMPLE, a California Charter City,
("City"), and VANIR CONSTRUCTION MANAGEMENT, INC. ("Consultant"), as
follows:
RECITALS
A. The Temple City Community Redevelopment Agency ("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 which is a joint effort being undertaken by
the City and CRA. 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 1 of the Scope of Work from October 22, 2010 to December
21, 2010.
C. On January 5, 2011, CRA and Consultant entered into a Second Amendment
to Consultant Services Agreement ("Second Amendment"), amending Section
4 of the Agreement to increase the maximum compensation for Phase 2 and
inclusion of Phase 3 to $429,700 and amending Exhibit D to adjust the
commencement and completion dates for Phase 2 of the Scope of Work
commencing from January 5, 2011 to September 30, 2011.
D. At the present time, with the passage of AB xl 26 and the stay issued by the California
Supreme Court in litigation challenging AB x1 26 and 27, the CRA is prohibited from
entering into new or amended contracts or from incurring any other financial
obligations until such time as the pending legal action is resolved. As the City desires
for work on the Project to continue unabated, the City will assume all of the CRA's
rights and obligations under the Agreement, the First Amendment and Second
Amendment and will entered into this Third Amendment with Consultant.
E . City and Consultant agree that Phase 2 Scope of Work services are now extended to
include preparation of the Construction Documents and CRA directs Consultant to
proceed with Phase 3 as well. As such this Third amendment amends Section 4 to
increase the maximum total compensation by $350,000 to a total of $779,700 and
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to amend Exhibit D to adjust the commencement and completion dates for Phase 2
and Phase 3 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 Third 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, shall not exceed (unless additional compensation is approved
in writing by the City Council, or City Manager Director if within
his/her purchasing authority), SEVEN HUNDRED SEVENTY-NINE
THOUSAND SEVEN HUNDRED DOLLARS ($779,700) which
amount is apportioned by Phase as follows: (1) for Phase 1 (Pre -
Design Services) ONE HUNDRED AND FIFTY THOUSAND dollars
($150,000); (2) Phase 2 (Design I Re -Design) TWO HUNDRED
SEVENTY-NINE THOUSAND SEVEN HUNDRED DOLLARS
($279,700); and (3) completion of Phase 2 (Design — Redesign) and
Phase 3 (Bid and Project Award) THREE HUNDRED FIFTY
THOUSAND DOLLARS ($350,000)"
1.2 Project Schedule. Exhibit D to the Agreement is hereby
amended as follows: all of the dates listed in the column tided "Early
Start" for the Phase 2 (Construction Document) tasks shall be reset such
that Phase 2 extension commences on 10/01/2011 and is completed by
6/30/2012 and Phase 3 commences on 5/1/2012 and is to be completed by
7131/2012.
2. General Provisions.
2.1 Remainder Unchanged. Except as specifically modified and amended in
this Third Amendment, the Agreement and First Amendment and the
Second Amendment remain in full force and effect and binding upon the
parties.
2.2 Inte agr tion. This Third Amendment consists ofpages 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
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Third Amendment.
2.3 Effective Date. This Third Amendment shall not become effective until the
date it has been formally approved by the City Council and executed
by the appropriate authorities of the City and Consultant.
2.4 ARplicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Third Amendment.
2.5 References. All references to the Agreement include all their respective
terms and provisions. All defined terms utilized in this Third
Amendment have the same meaning as provided in the Agreement, as
well as in the First and Second Amendments, unless expressly stated to
the contrary in this Third Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Third
Amendment to the Agreement on the date and year first written above.
ATI'EST:
Mary R. Fla drick, City Clerk
APPROVED AS OR
Enc S. Vail, City Attorney
CITY OF TEMPLE CITY:
Jose E. PVM, City Manager
VANIR CONSTRUCTION
MANAGEMENT, INC.
By:
Mansour M. Aliabadi, President 1 CEO
By:
— 4�9� �Z
Alexander V. Leon, CFO / Sr. Vice President
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