HomeMy Public PortalAbout08) 7D 4th Amendment to Willdan AgreementAGENDA
ITEM 7.0.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: August 6, 2013
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manager (.):
V ia: Mark Persico, AICP I coJ'rrlunity Development Director
By: Adam L. Gulick, Associate Planner
SUBJECT: FOURTH AMENDMENT TO THE CONSULTANT SERVICES
AGREEMENT WITH WILLDAN ENGINEERING TO CONTINUE HOUSING
CONSULTANT SERVICES FOR THE CITY'S HOME IMPROVEMENT
AND COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED
PROGRAMS FOR FISCAL YEAR (FY) 2013 -14
RECOMMENDATION:
The City Council is requested to:
a) Review and approve the Fourth Amendment (Attachment "A") to the Consultant
Services Agreement with Willdan Engineering (Willdan) (Attachment "B") to
continue assistance with Community Development Block Grant (CDBG) program
administration and provide housing consultant services; and
b) Authorize the City Manager to execute the Fourth Amendment to the September
20, 2011 , Consultant Services Agreement with Willdan Engineering in an amount
not to exceed in $25,000.
BACKGROUND:
1. Since 1995, Temple City has offered a low interest Home Improvement Loan
funded by the Community Development Block Grant (CDBG) program . In recent
years, the City offered Handyworker and energy improvement grants funded by
various sources, such as CDBG funds, (former) Redevelopment Agency funds,
and Energy Efficiency and Conservation Block Grant (EECBG) funds.
2. On August 12, 2011, staff circulated a Request for Qualifications (RFQ) with an
August 29, 2011 due date, inviting consultants to submit qualifications to assist the
City in administering its various home improvement programs f unded by CDBG,
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August 6, 2013
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the (former) Redevelopment Agency and Energy Efficiency and EECBG funds.
3. On August 31, 2011, the City Manager and Community Development staff
reviewed the seven received qualifications. At the City Manager's direction, staff
then provided a supplemental exercise for the top two consultants, Willdan and
JWA Urban Consultants, Inc., to better determine the consultant's capacity in
relation to the services needed.
4. On September 8, 2011, the City Manager and Community Development staff
reviewed the supplemental exercise responses and selected Willdan for consultant
services.
5. On September 20, 2011, the City Council approved a consultant services
agreement (Attachment "B") with Willdan in the amount of $60,000 to assist with
CDBG program administration and to provide housing consultant services.
6. On August 15, 2012, the First Amendment to the consultant services agreement
was executed to incorporate required certifications, laws and contractual clauses,
as required for federally funded projects.
7. On November 6, 2012, the City Council approved a Second Amendment in the
amount of $65,000 to the consultant services agreement with Willdan Engineering
to continue assistance with CDBG program administration and provide housing
consultant services.
8. On January 15, 2013, the City Council conducted a public hearing and approved
the following allocation of CDBG funding to programs for Fiscal Year 2013-14:
A. Housing Rehabilitation Loan Program:
B. Asbestos Testing and Removal Program:
C. Youth Scholarship Program:
D. ADA Barrier Removal Program:
$100,000
$ 25,000
$ 26,862
$ 75,000
9. On May 7, 2013, the City Council approved a Third Amendment in the amount of
$7,000 and re-appropriated $40,000 of unexpended funds from the private/special
contract services account (Management Services) to private/special contract
services account (Community Development -Housing Programs). The Third
Amendment and re-appropriation were needed for additional close-out work from
past housing rehabilitation projects.
ANALYSIS:
Over the past two years, Willdan has been helping the City achieve its Housing and
Community Development Block Grant (CDBG) goals, which include: housing
rehabilitation loans; asbestos testing and removal; youth scholarship and the removal of
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August 6, 2013
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sidewalk barriers to comply with the American with Disabilities Act (ADA). Specifically,
Willdan has:
• Assisted in bringing the City's Home Improvement Program Policies and
Procedures Manual into compliance with U.S. Department of Housing and Urban
Development (HUD) regulations;
• Processed 10 grants funded by EECBG funds that assisted low-income property
owners with energy improvements to their homes, e.g., new windows, insulation,
etc.;
• Processed four grants funded by CDBG-R (Recovery Act) funds that assisted
low-income property owners with energy improvements to their homes, e.g., new
windows, insulation, etc.;
• Assisted in establishing the CDBG-funded ADA Project that brought 83 curb
ramps into ADA compliance;
• Facilitated repair work for 10 homes improvement projects that received
substandard work;
• Processed four loans funded by CDBG funds during FY 2012-13 that assisted
low-income property owners with necessary repairs and maintenance, e.g., roof
replacement, window replacement, plumbing and electrical improvements, etc.;
and
• Assisted with required quarterly and annual reporting for the federally funded
EECBG, CDBG-R and CDBG programs.
For FY 2013-14, Willdan will focus on providing housing consultant services and CDBG
administration for the City. The Fourth Amendment (Attachment "A") will increase
Willdan's original contract amount by an additional $25,000 for them to provide services
for FY 2013-14. The additional funds will allow Willdan to process housing rehabilitation
loans; oversee required asbestos and lead-based paint testing and abatement work;
and required quarterly and annual reporting to the Los Angeles County Community
Development Commission. If the Fourth Amendment is not executed, the City's housing
program will be placed on hold and the City's CDBG could risk losing CDBG funds.
CONCLUSION:
The Fourth Amendment with Willdan is necessary for services that will be provided for
FY 2013-14. Additionally, the Fourth Amendment will address the main goal of the City's
Home Improvement Program of providing decent, safe, and sanitary living environment
for low-income households.
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August 6, 2013
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FISCAL IMPACT:
On June 4, 2013, the City Council approved the FY 2013-14 City Budget, which
included $25,000 for contract services for housing programs; $20,000 from the Housing
Rehabilitation Loan Program and $5,000 from the Asbestos Testing and Removal
Program.
ATTACHMENTISl:
A. Fourth Amendment to the consultant services agreement
B. Consultant services agreement between the City of Temple City and Willdan
Engineering, including the First, Second and Third Amendments
FOURTH AMENDMENT TO
Professional Services Agreement
by and between
the
CITY OF TEMPLE CITY,
A municipal corporation
and
WILLDAN ENGINEERING,
A California corporation
Dated August 6, 2013
ATTACHMENT A
FOURTH AMENDMENT TO AGREEMENT FOR HOUSING CONSULTANT SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
WILLDAN ENGINEERING
This Fourth Amendment to Consultant Services ("Fourth 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 201h, 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
fw1ds.
B. Exhibit "A" of the Agreement provide the Scope of Services to be performed by Consultant.
C. Section 4 and Exhibit "B" of the Agreement provide that the maximwn compensation nnder the
Agreement shall not exceed $60,000.00.
D. The First Amendment added necessary language required for federally-funded projects.
E. The Second Amendment added additional services to be provided by Consultant and increases
the maximwn compensation to $125,000.00.
F. The Third Amendment added additional services to be provided by Consultant and increases the
maximum compensation to $132,000.00.
G. This Fourth Amendment amends the Agreement to modify Exhibit "A" to add additional
services provided by the Consultant for Fiscal Year 2013-2014 CDBG projects and increases the
maximwn compensation to $157,000.00.
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:
1. AMENDMENT. The Agreement is hereby modified and an1ended as follows:
1.1 COMPENSATION.
1.1.1 Section 4 of the Agreement is hereby amended as follows:
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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 FIFTY-SEVEN THOUSAND
DOLLARS ($157,000.00), 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 $157,000.00, 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 tull force and effect and binding upon the parties.
2.2 Integration. This Fourth 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 Fourth Amendment.
2.3 Effective Date. This Fourth Amendment shall not become effective until the date it has
been formally approved by the City Council m1d 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, unless expressly stated to the contrary in this Fourth
Amendment.
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IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the
Agreement on the date and year first written above.
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM
Eric S. Vail, City Attorney
By: ----------------------------
Name: ____________________ _
Title: ______________________ __
CITY:
THE CITY OF TEMPLE CITY
By:..,-_,.,....,.,..,..........,.,.........,...,.----
Jose Pulido, City Manager
CONSULTANT:
WILLDAN ENGINEERING
By: ----------------------------
Name: ____________________ _
Title: ____________________ _
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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 CDBG asbestos testing/removal grants in accordance with CDC's guidelines.
D. Process EECBG grants in accordance with HUD guidelines.
E. Process CDBG-R grants in accordance with CDC's guidelines.
F. Assist the City with labor compliance for the City's American with Disabilities Act (ADA)
Access Ramp and Sidewalk Improvement Project.
G. Provide administrative services for the City's Home Improvement Program and CDBG
programs, on an as-needed basis.
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) horne
improvement loans to single family properties.
C. Expend $75,000 of the City's CDBG FY 2012-13 funds for approximately twelve (12)
asbestos testing/removal grants to single family properties.
D. Expend $120,000 of the City's EECBG funds on energy efficient improvements to nine (9)
single family properties.
E. Expend $22,000 of the City's CDBG-R grants on energy efficient improvements to five (5)
single family properties.
F. Re-inspection and project close-out of up to ten (1 0) previously completed projects.
G. Expend $100,000 of the City's CDBG FY 2013-14 funds for up to five (5) home
improvement loans to single family properties.
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H. Expend $25,000 of the City's CDBG FY 2013-14 funds for up to five (5) asbestos
testing/removal grants to 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 ofEECBG projects scheduled, pending under
construction, and/or completed.
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, 20 II.
B. Process nine (9) EECBG energy efficient grants by June 30, 2012.
C. Process five (5) CDBG-R green grants by March 30, 2012
D. Process approximately ten (10) CDBG loans by June 30,2013.
E. Process approximately twelve (12) asbestos testing/abatement grants by June 30, 2013.
F. Process up to five (5) CDBG loans by June 30, 2014.
G. Process up to five (5) asbestos testing/abatement grants by June 30,2014.
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
VI. Consultant will utilize the following subcontractors to accomplish the Services:
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A. Aryn Sieber, Energy Retrofit Specialist
B. Mabell Paine, Energy Grant Compliance
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.
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