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HomeMy Public PortalAboutAgreement_2012-11-06_Willdan Engineering_Second AmendmentLA #4833-5367-1441 v1 SECOND AMENDMENT TO Professional Services Agreement by and between the CITY OF TEMPLE CITY, A municipal corporation and WILLDAN ENGINEERING, A California corporation Dated November 6, 2012 LA #4833-5367-1441 v1 -2- SECOND AMENDMENT TO AGREEMENT FOR HOUSING CONSULTANT SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND WILLDAN ENGINEERING This Second Amendment to Consultant Services (“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, a California charter city (“City”), and WILLDAN ENGINEERING, a California corporation (“Consultant”), as follows: RECITALS A. City and Consultant entered in a Consultant Services Agreement on September 20th, 2011 (“Agreement”). The Agreement provides that Consultant will provide housing consultant services for the City’s Home Improvement Program that utilize EECBG, CDBG and CDBG-R funds. B. A First Amendment to the Agreement was entered into on August 15, 2012 (“First Amendment”). The First Amendment added necessary language required for federally- funded projects. C. Exhibit “A” of the Agreement provide the Scope of Services to be performed by Consultant. D. Section 4 and Exhibit “B” of the Agreement provide that the maximum compensation under the Agreement shall not exceed $60,000.00. E. This Second Amendment amends the Agreement to add additional services to be provided by Consultant and increases the maximum compensation to $125,000.00. 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. 1.1.1 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, including reimbursement for actual expenses, shall not exceed ONE HUNDRED LA #4833-5367-1441 v1 -3- TWENTY-FIVE THOUSAND DOLLARS ($125,000.00), unless additional compensation is approved in writing by the City Council or City Manager.” 1.1.2 Section “IV” (Total Compensation) of Exhibit “B” to the Agreement is hereby amended to read as follows: “The total compensation for the Services shall not exceed $125,000.00, as provided in Section 4 of this Agreement.” 1.2 SCOPE OF SERVICES. 1.2.1 Exhibit “A” to the Agreement is hereby amended to read as shown on Exhibit “A” attached hereto and incorporated herein by reference. 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except as specifically modified and amended in this Second Amendment, the Agreement 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 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 Second Amendment. 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment. LA #4833-5367-1441 v1 -5- EXHIBIT "A" SCOPE OF SERVICES I. Consultant will perform the following Services: A. Review and amend the City’s Home Improvement Program’s Guidelines and Procedures manual to comply with the CDC’s requirements. B. Process CDBG loans in accordance with CDC’s guidelines. C. Process EECBG grants in accordance with HUD guidelines. D. Process CDBG-R grants in accordance with CDC’s guidelines.\ E. Assist the City with labor compliance for the City’s American with Disabilities Act (ADA) Access Ramp and Sidewalk Improvement Project. F. Assist the City with the administration and implementation of the City’s Community Development Block Grant programs. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. Assist City staff with revising the City’s Home Improvement Program Guidelines and Procedures manual. B. Expend $299,015 of the City’s CDBG FY 2012-13 funds for approximately ten (10) home improvement loans to single family properties. C. Expend $120,000 of the City’s EECBG funds on energy efficient improvements to nine (9) single family properties. D. Expend $22,000 of the City’s CDBG-R grants on energy efficient improvements to five (5) single family properties. III. During performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. Assist City staff with a revising the City’s Home Improvement Program Guidelines and Procedures manual that will be approved by the CDC. B. Provide City staff with monthly status report of CDBG projects scheduled, pending under construction, and/or completed. C. Provide City staff with monthly status report of EECBG projects scheduled, pending under construction, and/or completed. LA #4833-5367-1441 v1 -6- D. Provide City staff with monthly status report of CDBG-R projects scheduled, pending under construction, and/or completed. IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule: A. Assist City staff with updating the City’s Home Improvement Program Guidelines and Procedures manual by October 31, 2011. B. Process nine (9) EECBG energy efficient grants by June 30, 2012. C. Process five (5) CDBG-R green grants by March 30, 2012 E. Process approximately ten (10) CDBG loans by June 30, 2013. V. Consultant will utilize the following personnel to accomplish the Services: A. Micheal Neal, Housing Program Specialist B. Sandi Medrano, Housing Program Specialist C. Patrick Goode, Project Manager D. VI. Consultant will utilize the following subcontractors to accomplish the Services: A. Aryn Sieber, Energy Retrofit Specialist B. Mabell Paine, Energy Grant Compliance C. D. VII. AMENDMENT The Scope of Services, including services, work products, and personnel, are subject to change by mutual Agreement. In the absence of mutual Agreement regarding the need to change any aspects of performance, Consultant shall comply with the Scope of Services as indicated above.