HomeMy Public PortalAboutAgreement_2013-08-06_Willdan Engineering_4th AmendmentFOURTH AMENDMENT TO
Professional Services Agreement
by and between
the
CITY OF TEMPLE CITY,
A municipal corporation
F�
WILLDAN ENGINEERING,
A California corporation
Dated August 6, 2013
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 20�h, 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. 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 maximum compensation under 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 maximum 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
maximum 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 amended 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:
and incorporated
herein
"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 full force
and effect
and
binding upon the
parties.
2.2 Integration. This Fourth 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 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 and executed by the appropriate authorities
of the City and Consultant.
2A 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:
1ivvV
Peggy uo, City -Clerk
APPROVED AS TO FORM
Eric S. Vail, City Attorney
By:
Nz
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CITY:
THE CITY OF TEMPLE CITY
CONSULTANT:
WILLDAN ENGINEERING
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Name: SiEck:ft�c6�
Title: �U iuLj i�
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.
H. 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 201.2-13 funds for approximately ten (10) home
improvement loans to single family properties.
C. Expend $75,000 of the City's CDBG FY 2012-13 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 (10) 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 K5,000 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 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 (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
vie 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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