HomeMy Public PortalAboutAgreement_2012-05-31_Vanir Construction Management Inc_4th AmendmentATTACHMENT "A"
FOURTH AMENDMENT TO CONSULTANT
SERVICES AGREEMENT
by and between
the
THE SUCCESSOR AGENCY TO THE CITY OF
TEMPLE CITY COMMUNITY REDEVELOPMENT
AGENCY;
THE CITY OF TEMPLE CITY
.00
VANIR CONSTRUCTION MANAGEMENT, INC.
Dated May 31, 2012
LA 94850-8333-1855 vi
ATTACHMENT "A"
FOURTH AMENDMENT TO CONSULTANT SERVICES AGREEMENT
This fourth Amendment to Consultant Services Agreement; Including Assignment and
Assumption of the Agreement ("f=ourth Amendment"), which, is dated for reference as indicated
on the cover page, is hereby entered into by and between THE CITY OF TEMPLE CITY, a
charter law city and municipal corporation ("CITY"), and VANIR CONSTRUCTION
MANAGEMENT, INC. ("Consultant"), as follows:
RECITALS
A. On August 17, 2010, the former Community Redevelopment Agency of the City of
Temple City ("CRA") and Consultant entered into a Consultant Services Agreement
("Agreement"). The Agreement provides that Consultant will provide project/construction
management and support services for the Rosemead Boulevard Safety Enhancements and
Beautification Project ("Project"). Section 4 of the Agreement provided that the
maximum compensation under the Agreement would 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 l 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 of the Project to $429,700 and to initiate
Phase 3 of the Project, with partial consideration included in the amount for Phase 2, 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. On June 29, 2011, Governor Brown signed into law ABxI 26, which was intended to
dissolve redevelopment agencies, including the CRA, statewide, Shortly after the bill was
signed into law, the California Redevelopment Association, League of California Cities,
and some individual cities and redevelopment agencies brought suit to invalidate the bill.
During the pendency of the litigation, most redevelopment powers were stayed and the
CRA had only limited power to act.
E. On September 20, 2011, CRA, City, and Consultant entered into a Third Amendment that
had two purposes. The first was to assign the Agreement from the CRA to the City in
order that the Agreement could continue to be administered even during the pendency of
the California Redevelopment Association's litigation and the stay of redevelopment
activities imposed by ABxl 26. The second was to extend the Phase 2 Scope of Work
services to include preparation of the Construction Documents and CRA directed
Consultant to proceed with Phase 3 as well, amending Section 4 to increase the maximum
total compensation by $350,000 to a total of $779,700 and to amend Exhibit D to adjust
the commencement and completion dates for phase 2 and Phase 3 of the Scope of Work
[A N4850.8333.1855 v
ATTACHMENT "A"
such that Phase 2 extension commenced on October 1, 2011 and was to be completed by
.lune 30, 2012 and Phase 3 was to commence on May I, 2012 and was to be completed by
7/31/2012. This Third Amendment was entered into under the CRA's authority to
administer existing enforceable obligations under ABxI 26 because the Agreement as
signed by the panties anticipated regular amendments thereto as part of the overall project
administration. The Third Amendment also released the CRA, from any obligations or
duties under the Agreement, making its purpose consistent with ABxI 26.
F. City and Consultant agree that Phase 2 Scope of Work services are now complete and that
Phase 3 should be extended to include additional services, actual delay, and inefficiencies
caused by the Design Revisions to environmental graphics as well as additional services
related to funding and agency approval. City further desires to direct Consultant to proceed
with Phase 4 as anticipated by the original Agreement and an independent cost estimate.
This fourth amendment will amend Section 4 to increase the Consultant's maximum total
compensation by $1,270,224 for Phase 3 and Phase 4 services and $28,000 for the
independent cost estimate to a total of $2,077,924 and amend Exhibit D to adjust the
commencement dates for Phase 3 and Phase 4 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 Fourth Amendment which modifies and amends the Agreement
as follows:
I. AMENDMENT. The Agreement is hereby modified and amended as follows:
I.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 City Council
or City Manager if within his/her purchasing authority), TWO MILLION
SEVENTY SEVEN THOUSAND NINE HUNDRED AND TWENTY
FOUR DOLLARS ($2,077,924) which amount is apportioned by Phase as
follows: (1) for Phase I (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); (3) Phase 3 (Construction Document
and Bid & Award) THREE HUNDRED FIFTY THOUSAND DOLLARS
($350,000); Phase 3 Extension/Phase 4 (Bid&Award/Construction) ONE
MILLION TWO HUNDRED SEVENTY T14OUSAND TWO HUNDRED
AND TWENTY FOUR DOLLARS ($1,270,224); and Cost Estimating
Services TWENTY-EIGHT THOUSAND DOLLARS ($28,000).°
LA M48SO-9333.1855 v
ATTACHMENT "A"
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 (Construction Document) tasks shall be reset such that Phase 2 extension
commences on September 1, 2011 and Phase 3 continences on May 1, 2012
and Phase 4 commences on August 1, 2012.
flu "1915 61 MM
2.1. Remainder Unchanged. Except as specifically modified and amended in this
Fourth Amendment, the Agreement and First Amendment, Second Amendment, and Third Agreement
remain in full force and effect and binding upon the parties.
2.2. Integration. This Fourth Amendment consists of pages 1 through 5, inclusive,
which constitute the entire understanding and agreement of the parties and supersede all negotiations or
previous agreements between the parties with respect to all or any part of the Project addressed in this
Fourth Amendment.
2.3. Effective Date. This Fourth Amendment shall not become ef=fective 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. Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Fourth Amendment.
2.5. References. All references to the Agreement include all their respective terms
and provisions. All defined terms utilized in this Fourth Amendment have the same meaning as
provided in the Agreement, as well as in the First, Second, and Third Amendments, unless expressly
stated to the contrary herein.
2.6. Authority to Execute. The person or persons executing this agreement each
represent that he/she/they hasthave the authority to bind the party for which they are so executing to the
performance of obligations hereunder.
IN WITNESS WHEREON, the parties hereto have executed this Fourth Amendment to the
Agreement on the date and year first written above.
CITY:
CITY OF TEMPLE CITY
Jose Put , ' Manager
ATTEST:
LA NMO-6333-la55 v
ATTACHMENT "A"
P-IIA4AI71 I JA
Peggj CIO Acting City Clerk
APPROVED AS TO
Enc S. Vail, City
CONSULTANT:
VANCR CONSTRUCTION MANAGEMENT,
INC.
By:
(P—lame: 4our M. Aliabadi
Title: President I CEO
By: AA /_—
Name: Alexander V. Leon
Title: CFO l Sr. Vice President
LA #485"333-SB55 v
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