HomeMy Public PortalAbout08C) 7D-C 2nd Amendment Willdan EngineeringLA #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
ATTACHMENT C
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 20'\ 2011
("Agreement"). The Agreement provides that Consultant will provide housing consultant
services for the City's Home hnprovement 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.
OPERATNE 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:
LA #4833~5367-1441 vl
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
-2-
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 pmiies.
2.2 Integration. This Second Amendment consists of pages 1 through 4 inclusive,
which constitute the entire understanding and agreement of the pmiies and
supersedes all negotiations or previous agreements between the pmties with
respect to all or any part ofthe 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 Consultm1t.
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
aud provisions. All defined te1ms utilized in this Second Amendment have the
smne meaning as provided in the Agreement, unless expressly stated to the
contrary in this Second Amendment.
LA #4833-5367-1441 vl -3-
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
the Agreement on the date and year first written above.
CITY:
THE CITY OF TEMPLE CITY
By:
'J o-s--e"P""u-,-l"'id;-o-, -rcc:it=-y"'M..-an=-a-g-e=-r --
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM
Eric S. Vail, City Attorney
CONSULTANT:
WILLDAN ENGINEERING
By: ___________ _ By: --------------
Name: Name: ----------------------------
Title: ______________________ _ Title: ____________________ _
LA #4833-5367-1441 vl -4-
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 prope1iies.
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 repmi ofCDBG projects scheduled, pending
under construction, and/or completed.
C. Provide City staff with monthly status repmt ofEECBG projects scheduled, pending
under construction, and/or completed.
LA #4833-5367-1441 vl -5-
D. Provide City staff with monthly statns report ofCDBG-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.
LA #4833-5367-1441 vl -6-
THIRD AMENDMENT TO
Professional Services Agreement
by and between
the
CITY OF TEMPLE CITY,
A municipal corporation
and
WILLDAN ENGINEERING,
A California corporation
Dated May 7, 2013
ATTACHMENT D
THIRD AMENDMENT TO AGREEMENT FOR HOUSING CONSULTANT SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
WILLDAN ENGINEERING
This Third Amendment to Consultant Services ('"rhird 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 ENGINEERJNG, a California corporation
("Consultant"), as follows:
RECITALS
A. City and Consultant entered in a Consultant Services Agreement on September 20tl', 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. The Second Amendment added additional services to be provided by Consultant and increases
the maximum compensation to $125,000.00.
F. This Third Amendment amends the Agreement to add additional services to be provided by
Consultant and increases. the maximum compensation to $132,000.
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.
l.U 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
-2-
expenses, shall not exceed ONE HUNDRED THIRTY-TWO THOUSAND
DOLLARS ($132,000.00), tmless additional compensation is approved in writing
by the City Cmmcil 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 $132,000.00, a.s
provided in Section 4 of this Agreement."
1.2 SCOPE OF SERVICES.
1.2.1 Exhibit "A" to the Agreement is hereby amended to read as shown on Exhibit "A"
attached hereto and incorporated herein by reference.
2. GENERAL PROVISIONS.
2.1 Remainder Unchanged. Except as specifically modified and amended in this Second
Amendment, the Agreement remains in full force and effect and binding upon the parties.
2.2 Integration. This Second Amendment consists of pages I through 4 inclusive, which
constitute the entire understanding and agreement of the parties and supersedes all
negotiations or previous agreements bel\veen the parties with respect to all or any part of
the transaction discussed in this Second Amendment.
2.3 Effective Date. This Second Amendment shall not become effective until the date it has
been formally approved by the City Council and executed by the appropriate authorities
of the City and Consultant. ·
2.4 Applicable Law. The laws of the State of Califomia shall govem the interpretation and
e11forcement of this Second Amendment.
2.5 References. All references to the Agreement include all their respective terms and
provisions. All defined terms utilized in this Second Amendment have the san1e meaning
as provided in the Agreement, unless expressly stated to the contrary in this Second
Amendment.
-3-
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the
Agreement on the date and year first written above.
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM
Eric. S. Vail, City Attorney
Name: L1 f.t-1~..;; c ~11~rr
Title:.~--"'$'-'[?_-"""_.-'L"'-)'-c""y.!.-_J,_l ._,-.,_<.k,_'~<;;""· _
CITY:
THE CITY OF TEMPLE CITY
By:
""J o-s-e""P,...ul"'id7o-, .,.C"'ity,.....M7an-ag-e..,.r--
CONSULTANT:
WILLDAN ENGINEERING
By: Aday~~-0
Name: \fvyssq ~1....\'Y·,oZ:.
Title: \:Je~ l:)llceCJov-0 ~
US'~;..,n~·
-4-
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 staffwith 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 $75,000 of the City's CDBG FY 2012-13 ftmds for approximately twelve (12)
asbestos testing/removal grants to single family properties.
D. Expend $120,000 ofthe 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.
TII. During performance of the Services, Consultant will keep the City appraised of the statns
of performance by delivering the following status reports:
-5-
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.
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
D. Process approximately ten (1 0) CDBG loans by June 30, 2013.
E. Process approximately twelve (12) asbestos testing/abatement grants 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
VI. Consultant willntilize the following subcontractors to accomplish the Services:
A. Aryn Sieber, Energy Retrofit Specialist
B. Mabell Paine, Enetgy Grant Compliance
VII. AMENDMENT
The Scope of Services, including services, work products, and personnel, are snbject to change
by m]Jtual Agreement. In the absence of mutual Agreement regarding the l1eed to change any aspects of
perfonnance, Consultant shall comply with the Scope of Services as indicated above.
-6-