HomeMy Public PortalAboutAgreement_2008-02-19_Avant GardeCITY OF TEMPLE CITY
DESIGN PROFESSIONAL SERVICE AGREEMENT
THIS AGREEMENT is made and effective as of February 19, 2008 between the City of
Temple City, a municipal corporation ("City") and Avant Garde, a ("Consultant'). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM
This Agreement shall commence on February 19, 2008 and shall remain and
continue in effect until tasks described herein are completed, but in no event later than
September 30, 2009, unless sooner terminated pursuant to the provisions of this
Agreement.
2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached
hereto and incorporated herein as though set forth in full. Consultant shall complete the
tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability,
experience, and talent, perform all tasks described herein. Consultant small employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Consultant hereunder in meeting its obligations
under this Agreement.
4. CITY MANAGEMENT
City's Public Services Manager and Finance Manager small represent City in all
matters pertaining to the administration of this Agreement, review and approval of all
products submitted by Consultant, but not including the authority to enlarge the Tasks to Be
Performed or change the compensation due to Consultant. City's City Manager shall be
authorized to act on City's behalf and to execute all necessary documents, which enlarge
the Tasks to Be Performed or change Consultant's compensation, subject to Section 5
hereof.
5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the Fee Proposal
attached hereto and incorporated herein by this reference as though set forth in full, based
upon actual time spent on the above tasks. This amount shall not exceed forty five
thousand fifty dollars ($45,050.00) for the total term of the Agreement unless additional
payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with
its performance of this Agreement, which are in addition to those set forth herein, unless
such additional services are authorized in advance and in writing by the City Manager.
Consultant shall be compensated for any additional services in the amounts and in the
manner as agreed to by City Manager and Consultant at the time City's written authorization
is given to Consultant for the performance of said services. The City Manager may approve
additional work not to exceed twenty-five percent (25%) of the amount of the Agreement, but
in no event shall such sum exceed eleven thousand two hundred six two dollars
($11,262.00). Any additional work in excess of this amount shall be approved by the City
Council.
(c) Consultant will submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon thereafter as
practical, for services provided in the previous month. Payment shall be made within thirty
(30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of
Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of
an invoice of any disputed fees set forth on the invoice.
6.SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a) The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten
(10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City
suspends or terminates a portion of this Agreement such suspension or termination shall not
make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall
pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section
5.
7. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consultant
for any work performed after the date of default and can terminate this Agreement
immediately by written notice to the Consultant. If such failure by the Consultant to make
progress in the performance of work hereunder arises out of causes beyond the
Consultant's control, and without fault or negligence of the Consultant, it shall not be
considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, he/she shall cause to
be served upon the Consultant a written notice of the default. The Consultant shall have ten
(10) days after service upon it of said notice in which to cure the default by rendering a
satisfactory performance. In the event that the Consultant fails to cure its default within such
period of time, the City shall have the right, notwithstanding any other provision of this
Agreement, to terminate this Agreement without further notice and without prejudice to any
other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records
of services provided in sufficient detail to permit an evaluation of services. All such records
shall be maintained in accordance with generally accepted accounting principles and shall
be clearly identified and readily accessible. Consultant shall provide free access to the
representatives of City or its designees at reasonable times to such books and records; shall
give City the right to examine and audit said books and records; shall permit City to make
transcripts therefrom as necessary; and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Agreement. Such records, together with
supporting documents, shall be maintained for a period of three (3) years after receipt of
final payment.
(b) Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to be
performed pursuant to this Agreement shall become the sole property of the City and may
be used, reused, or otherwise disposed of by the City without the permission of the
Consultant. With respect to computer files, Consultant shall make available to the City, at
the Consultant's office and upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling, transferring, and
printing computer files.
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To the fullest extent permitted by law, Consultant shall indemnify, protect, defend and
hold harmless City and any and all of its officials, employees and agents ("Indemnified
Parties") from and against any and all losses, liabilities, damages, costs and expenses,
including attorney's fees and costs which arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant.
10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit B attached to and part of this
agreement.
11. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent
Consultant. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither
City nor any of its officers, employees, or agents shall have control over the conduct of
Consultant or any of Consultant's officers, employees, or agents, except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, employees, or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation, or liability
whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations
which in any manner affect those employed by it or in any way affect the performance of its
service pursuant to this Agreement. The Consultant shall at all times observe and comply
with all such laws and regulations. The City, and its officers and employees, shall not be
liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the award,
terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of the City will
receive compensation, directly or indirectly, from Consultant, or from any officer, employee
or agent of Consultant, in connection with the award of this Agreement or any work to be
conducted as a result of this Agreement. Violation of this Section shall be a material breach
of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public
official who exercises authority over or responsibilities with respect to the Project during
his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any
agreement or sub -agreement, or the proceeds thereof, for work to be performed in
connection with the Project performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be
considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents, or subconsultants, shall not
without written authorization from the City Manager or unless requested by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories, or other information conceming the work performed under this Agreement or
relating to any project or property located within the City. Response to a subpoena or court
order shall not be considered "voluntary" provided Consultant gives City notice of such court
order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees,
agents, or subconsultants be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions, or other
discovery request, court order, or subpoena from any person or party regarding this
Agreement and the work performed thereunder or with respect to any project or property
located within the City. City retains the right, but has no obligation, to represent Consultant
and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to
cooperate fully with City and to provide the opportunity to review any response to discovery
requests provided by Consultant. However, City's right to review any such response does
not imply or mean the right by City to control, direct, or rewrite said response.
16. NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by
a reputable document delivery service, such as but not limited to, Federal Express, which
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the
party as set forth below or at any other address as that party may later designate by notice:
To City: City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
Attention: City Clerk
To Consultant: Avant Garde
145 South State College Blvd.
Suite 350 Brea CA. 92821
Attention: Veronica Aguas
17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, without prior written consent of the City. Because of
the personal nature of the services to be rendered pursuant to this Agreement, only Avant
Garde shall perform the services described in this Agreement.
The Consultant may use assistants, under its direct supervision, to perform some of
the services under this Agreement. Consultant shall provide City fourteen (14) days' notice
prior to the departure of Veronica Aguas from Consultant's employ. Should he/she leave
Consultant's employ, the City shall have the option to immediately terminate this Agreement,
within three (3) days of the close of said notice period. Upon termination of this Agreement,
Consultant's sole compensation shall be payment for actual services performed up to, and
including, the date of termination or as may be otherwise agreed to in writing between the
City Council and the Consultant,
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of Califomia
shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement
shall take place in the municipal, superior, or federal district court with jurisdiction over the
City of Temple City.
20, ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are merged
into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's
own independent investigation of any and all facts such party deems material.
21. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of the proposal submitted by the Consultant,
Exhibit "D" hereto. In the event of conflict, the requirements of this Agreement shall take
precedence over those contained in the Consultant's proposal.
23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants
and represents that he/she has the authority to execute this Agreement on behalf of the
Consultant and has the authority to bind Consultant to the performance of its obligations
hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMPLE CITY CONSULTANT
By.By:
City Manag' � (Signature)
(Type/Print Name)
Its: NeuDplr
(Title)
Attest:
City Clerk
Approved As To Form: A��Z�
City Attomey
EXHIBIT A
CONSULTANT agrees to perform, in a accordance with the highest professional standards
of those practicing in Los Angeles County and engaged in providing engineering and project
management services and in a manner acceptable to CITY, the professional services
outlined in the proposal submitted by CONSULTANT, which is attached hereto and made a
part hereof.
TASKS TO BE PERFORMED
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant wilmaintain
insurance in conformance with the requirements set forth below. Consultant will se existing
coverage to comply with these requirements. If that existing coverage does not meet the
requirements set forth here, Consultant agrees to amend, supplement or endorse the
existing coverage to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid
in addition to limits. There shall be no cross liability exclusion for claims or suits by one
insured against another. Limits are subject to review but in no event less than $1,000,000
per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol
1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less
than $100,0001300,000 per accident for bodily injury and $50,000 property damage. if
Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto
endorsement to the general liability policy described above. If Consultant or Consultant's
employees will use personal autos in any way on this project, Consultant shall provide
evidence of personal auto liability coverage for each such person.
Workers Compensation on a state -approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a
policy form coverage specifically designed to protect against acts, errors or omissions of the
consultant and "Covered Professional Services" as designated in the policy must specifically
include work performed under this agreement. The policy limit shall be no less than
$1,000,000 per claim and in the aggregate. The policy must "pay on behalf of"the insured
and must include a provision establishing the insurer's duty to defend. The policy retroactive
date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of Califomia and with an A.M. Bests rating of A- or better and a
minimum financial size Vll.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant
and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Consultant, or Consultant's employees, or agents, from waiving the right of
subrogation prior to a loss. Consultant agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable
to this agreement are intended to apply to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements
if they include any limiting endorsement of any kind that has not been first submitted
to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate
so-called "third party action over' claims, including any exclusion for bodily injury to
an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior
written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and
no replacement coverage is provided, City has the right, but not the duty, to obtain
any insurance it deems necessary to protect its interests under this or any other
agreement and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Consultant or deducted from sums due Consultant, at City
option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Consultant agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, or that any party will "endeavor'
(as opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply first
and on a primary, non-contributing basis in relation to any other insurance or self
insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with
the project who is brought onto or involved in the project by Consultant, provide the
same minimum insurance coverage required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring that
such coverage is provided in conformity with the requirements of this section.
Consultant agrees that upon request, all agreements with subcontractors and others
engaged in the project will be submitted to City for review.
11. Consultant agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that it
will not allow any contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated
by this agreement to self -insure its obligations to City. If Consultant's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the
amounts and types of insurance required by giving the Consultant ninety (90) days
advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to
have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of
City to inform Consultant of non-compliance with any insurance requirement in no
way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered
shall be submitted prior to expiration. A coverage binder or letter from Consultant's
insurance agent to this effect is acceptable. A certificate of insurance and/or
additional insured endorsement as required in these specifications applicable to the
renewing or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits or other requirements nor as a waiver of
any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge City or Consultant for
the cost of additional insurance coverage required by this agreement. Any such
provisions are to be deleted with reference to City. Itis not the intent of City to
reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
AGREEMENT FOR ECONOMIC DEVELOPMENT PROFESSIONAL SERVICES
This Professional Agreement("Agreement"), including its exhibits, is made and entered into this
Seventh (7th) day of April, 2009, by and between the City of Temple City, a California municipal
corporation ("City") and Advanced Avant -Garde Inc. dba Avant -Garde, a California corporation
("Contractor")
RECITALS
WHEREAS, City desires to increase the economic viability of the commercial corridors on Las
Tunas Drive and Rosemead Boulevard, and
WHEREAS, City desires to increase the total volume of the sales tax, attract and retain jobs,
expand the retail base, develop strategic properties, and
WHEREAS, City desires to obtain a Feasibility Study of Redevelopment Project Area
Expansion, and
WHEREAS, Contractor is a California corporation formed to provide professional services in
economic development, program management, creative design, and grant writing, and
WHEREAS, City desires to retain Contractor to revitalize Temple City's commercial corridors
through economic development services and Contractor is willing to provide management and
technical assistance to City staff for service delivery and economic development and
redevelopment activities and implementation.
NOW, THEREFORE, in consideration of performance by the parties of the mutual promises,
covenants, and conditions herein contained, and for other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
1. Contractor's Services
1.1 Scope of Services Contractor shall perform services described in Exhibit A, attached hereto
and incorporated herein by this reference
1.2 Personnel Contractor represents that it has, or will secure at its own expense, all personnel
required to perform the services under this Agreement Provided that, and subject to the
approval of the City Manager or his designee, Contractor may retain other agents or
independent contractors to assist him in the performance of his services and duties under this
Agreement. All of the services required under this Agreement will be performed by Contractor or
under its supervision, and all personnel engaged in the work shall be qualified to perform such
services. Contractor reserves the right to determine the assignments of its own employees to
the performance of Contractor's services under this Agreement, but City reserves the right, for
good cause, to require Contractor to exclude any employee from performing services on City's
premises.
1.3 Party Recresentatives For purposes of this Agreement, the City Representative shall be the
Community Development Manager or such other person designated in writing by the
Community Development Manager (the "City Representative") for the purposes of this
Agreement, the Contractor Representative shall be Robert Paz (the "Contractor
Representative").
1.4 Time of Performance Contractor shall commence the services contemplated under this
Agreement upon execution of this agreement. Consultant shall perform and complete the
services with reasonable diligence.
2. Term of Agreement The term of this Agreement shall be from April 8, 2009, through April 8,
2010, unless sooner terminated as provided in Section 11 herein. The parties may agree to
extent the term of this Agreement by amending this Agreement for two additional twelve month
terms.
3. Compensation Contractor shall perform the tasks detailed in the Scope of Services (Exhibit
A) for module 1 & 2 and Consultant shall be compensated on a time and materials basis in
accordance with the hourly rate listed below.
Project Director
$130
Project Manager
$120
Project Coordinator
$ 75
The compensation for these activities shall not exceed $10,000 per month. The total amount
under this Agreement shall not exceed $120,000, unless otherwise mutually approved in writing
by Contractor and City.
Module 3 involves the feasibility study of an expansion to the existing Project Area of
Redevelopment Plan. This task will be performed for a total fee not to exceed $32,350.
At the request of the City, Avant -Garde can provide community outreach and public relations
services to support activities related to Agency projects. At the City's request, Avant -Garde can
prepare a proposal for this work. All additional services shall be approved by the City in writing
before commencement of such work.
4. Method of Payment
4.1 Invoices City agrees to pay Consultant monthly pursuant to this Agreement as
detailed in Scope of Services (Exhibit A) during the performance of said tasks on a monthly
basis. The invoices shall describe in detail the services rendered during the period including the
days worked, and number of hours worked in the period. City shall review such invoices and
notify Contractor in writing within ten (10) business days of any disputed amounts.
4.2 Payment City shall pay all undisputed portions of the Invoice within thirty (30)
calendar days after receipt of the invoice up to the maximum amount set forth In Section 3.
4.3 Retention and Audit of Records All original reports, field and office notes,
correspondence, calculations, maps, and other documents specifically related to the services
provided by Contractor pursuant to this Agreement, other than documents which are exempt
from disclosure pursuant to the attorney-client privilege or any other law, shall be retained in
Contractor's files and shall be made available for inspection by City upon request. Upon City
providing 24-hour prior notice, Contractor shall make all records, invoices, time cards, cost
control sheets and other records maintained by Contractor in connection with this Agreement
available to City for review and audit by the City. City may conduct such review and audit at any
time during Contractor's regular working hours
5. Standard of Performance Contractor shall perform all services under this Agreement in
accordance with the standard of care generally exercised by like professionals under Similar
Circumstances and in a manner reasonably satisfactory to City.
6. Status as Independent Contractor Contractor is, and shall at all times remain as to
City, a wholly independent contractor. Contractor shall have no power to incur any debt,
obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over
the conduct of Contractor or any of Contractor's employees, except as set forth in this
Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its
officers, agents or employees are in any manner employees of City, provided, however, that
nothing contained in this provision shall be construed or interpreted so as to deprive Contractor
of any and all defenses or immunities available to public officials acting in their official
capacities. Contractor agrees to pay all required taxes on amounts paid to Contractor under this
Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor
relationship created by this Agreement. Contractor shall fully comply with the workers'
compensation law regard Contractor and Contractor's employees. City shall have no
responsibility to provide Contractor with workers' compensation insurance. Contractor further
agrees to indemnify and hold City harmless from any failure of Contractor to comply with
applicable workers' compensation laws. City shall have the right to offset against the amount of
any fees due to Contractor under this Agreement any amount due to City from Contractor as a
result of Contractor's failure to promptly pay to City any reimbursement or indemnification
arising under this section.
7. Conflict of Interest Contractor and its officers, employees, associates, and sub -consultants,
if any, will comply with all conflict of interest statutes of the State of California applicable to
Contractor's services under this agreement, including, but not limited to, the Political Reform Act
(Government Code Sections 81000 et sew) and Government Code Section 1090. During the
term of this Agreement, Contractor shall retain the right to perform similar services for other
clients, but Contractor and its officers, employees, associates and sub -consultants shall not,
without the prior written approval of the City Manager, perform work for another person or entity
for whom Contractor is not currently performing work that would require Contractor or one of its
officers, employees, associates, or sub -consultants to abstain from a decision under this
Agreement pursuant to a conflict of interest statute. No regular employee of City shall be
employed by Contractor during the term of this Agreement.
8. Indemnification The parties shall indemnify, defend, and hold harmless from any and all
claims and suits for any losses, damages, or costs arising therefore, including reasonable
attorney's fees, alleged or asserted by a third parry to the extent arising from the indemnifying
party's gross negligence or willful misconduct which results in (1) bodily injury, Sickness,
disease or death, or (2) any loss, damage or destruction of personal tangible property. This
obligation is further conditioned on the indemnifying party receiving from the other party prompt
written notification of any such claim and the other party cooperating fully with the indemnifying
party in the defense of any such action. Contractor agrees to obtain executed indemnity
agreements with provisions identical to those set forth here in this Section from each and every
subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible according to
the terms of this section. Failure of City to monitor compliance with these requirements imposes
no additional obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend, as set forth herein is binding on the successors, assigns, or
heirs other parties and shall survive the termination of this Agreement.
9. Insurance
9.1 Insurance Procurement Contractor shall procure and maintain for the duration of the
contract claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or sub -contractors. The cost of such
insurance shall be borne by Contractor.
9.2 Minimum Scope of Insurance Coverage shall be at least as broad as (1) Insurance
Services Office (ISO) Commercial General Liability coverage (occurrence Form CG 00 01), (2)
Insurance Office (ISO) Form Number CA 00 01 covering Automobile Liability, code 1 (any
auto), (3) Workers', Compensation insurance as required by the State of California and
Employer's Liability Insurance
9.3 Minimum Limits of Insurance Contractor shall maintain limits no less than (1)
Commercial General Liability (including operations, products, and completed operations) one
million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in aggregate for
bodily injury, personal injury and property damage, (2) Automobile Liability one million dollars
($1,000,000) per accident for bodily injury and property damage, (3) Workers` Compensation As
required by the State of California, and (4) Employer's Liability one million dollars ($1,000,000)
per accident for bodily injury or disease.
9.4 Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions
must be declared to and approved by the City. At the option of the City, either (a) the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its
officers, officials, employees and volunteers, or (b) Contractor shall provide a financial
guarantee satisfactory to the entity guaranteeing payment of losses and related investigations,
claim administration, and defense expenses.
9.5 Other Insurance Provisions The general liability policy is to contain, or be endorsed
to contain, the following provisions (1) City, its officers, officials, employees, and volunteers are
to be covered as measured with respect to liability arising out of automobiles owned, leased,
hired or borrowed by or on behalf of Contractor, and with respect to liability arising out of work
or operations performed by or on behalf of Contractor including materials, parts or equipment
furnished in connection with such work or operations. General Liability coverage may be
provided with two endorsement forms 1) in the form of an additional measured endorsement to
Contractor's insurance, or as a separate owner's policy (CG 20 10 11 85 or equivalent
language) and 2) a CG 20 37 10 01 endorsement form or Its equivalent language, (2)
Contractor's insurance coverage shall be primary insurance as respects City, its officers,
officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its
officers, officials, employees, or volunteers shall be excess of Contractor's insurance and shall
not contribute with it, (3) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be canceled by either party, except after thirty (30) days' prior
written notice by certified mall, return receipt requested, has been given to the City, and (4)
Coverage shall not extend to any indemnity coverage for the active negligence of the additional
insured in any case where an agreement to indemnify the additional insured would be invalid
under Subdivision (b) of Section 2782 of the Civil Code.
9.6 Acceptability of Insurers Insurance is to be placed with insurers with a current A in
Best's rating of no less than A VII, unless otherwise acceptable to the City.
9.7 Verification of Coverage Contractor shall furnish City with copies of original
certificates and endorsements, including mandatory endorsements, effecting coverage required
by this clause. The endorsements shall conform to the requirements. All certificates and
endorsements are to be received and approved by the City before work commences, however,
failure to do so shall not operate as a waiver of these insurance requirements. City reserves the
right to require complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications at any time.
9.8 Waiver of Subrogation Contractor hereby agrees to waive subrogation which any
measure of contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain an endorsement that may be necessary to affect this waiver of
subrogation. The Workers' Compensation policy shall be endorsed to contain a Waiver of
subrogation in favor of City for all work performed by Contractor, its agents, employees,
independent contractors, and sub -contractors, if any.
9.9 Sub -contractors Contractor shall include all sub -contractors as measured under its
policies or shall furnish separate certificates and endorsements for each sub -contractor all
coverage's for sub -contractors shall be subject to all of the requirements stated herein.
10. Cooperation City agrees to cooperate with and to provide all reasonably necessary
information and assistance to Contractor to enable Contractor to fulfill its obligations under this
Agreement. In the event any claim or action is brought against City relating to Contractor's
performance or services rendered under this Agreement, Contractor shall render any
reasonable assistance and cooperation which City might require.
11. Termination
11.1 By Right Either party may terminate this Agreement for any reason without penalty
or obligation on thirty (30) calendar days written notice to the other parry Contractor shall be
paid for services satisfactorily rendered to the last working day the Agreement is in effect, and
Contractor shall deliver all materials, reports, documents, notes, or other written materials
compiled through the last working day the Agreement is in effect. Neither party shall have any
other claim against the other party by reason of such termination
11.2 For Cause Either party may terminate this Agreement for cause, effective
immediately, upon written notice to the other party. For purposes of the Agreement "cause" shall
include, but not be limited to, a material breach of the provisions of this Agreement. Contractor
shall be paid for services satisfactorily rendered to the last working day the Agreement is in
effect, and Contractor shall deliver all materials, reports, documents, notes, or other written
materials complied through the last working day the Agreement is in effect. Neither party shall
have any other claim against the other party by reason of such termination.
12. Notices Any notices, bills, invoices, or reports required by this Agreement shall be given by
first class U.S. mail or by personal service. Notices shall be deemed received on (1) the day of
delivery if delivered by hand or overnight courier service during Contractor's and City's regular
business hours or by facsimile before or during Contractor's regular business hours, or (2) on
the third business day following deposit in the United States mail, postage prepaid, to the
addresses heretofore set forth in the Agreement, or to such other addresses as the parties may,
from time to time, designate in writing pursuant to the provisions of this section. All notices shall
be delivered to the parties are the following addresses
If to City: City of Temple City
9701 Las Tunas Drive
Temple City, California 91780
Attention: City Clerk
With a copy to
Community Development Manager
City of Temple City
9701 Las Tunas Drive
Temple City, California 91780
If to Contractor: Avant -Garde Inc.
145 S. State College Blvd., Suite 350
Brea, California 92821
Attention: Robert Paz
13. Non -Discrimination and Equal Employment Opportunity In the performance of this
Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant
for employment because of race, color, creed, religion, sex, marital status, national origin,
ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor
will take affirmative action to ensure that subcontractors and applicants are employed, and that
employees are treated during employment, without regard to their race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation.
14. Non -Assignability; Subcontracting Contractor shall not assign or transfer all or any
portion of this Agreement. Any attempted or purported assignment or transfer by Contractor
shall be null, void, and of no effect.
15. Compliance with Laws Contractor shall comply with, and shall require its officers,
employees, associates, and sub -contractors, if any, to comply with, all applicable federal, state
and local laws, ordinances, codes and regulations in the performance of this Agreement without
limiting the foregoing, Contractor expressly agrees to comply with, and shall require its sub-
contractors to comply with, the requirements of Section 22435 10 et seq of the California
Business and Professions Code.
16. Permits, Licenses, and Registrations Contractor shall possess and keep current all
necessary licenses, permits, and registrations as required by federal, state, or local laws, and
shall require its officers, employees, associates, and sub -contractors, if any, to do the same,
including, but not limited to, valid and unrestricted California drivers' licenses and valid
California vehicle registrations. Contractor shall provide proof to City of ail required licenses,
permits, and registrations upon request by City.
17. Non -Waiver of Terms, Rights and Remedies Waiver by either party of any one or more of
the conditions of performance under this Agreement shall not be a waiver of any other condition
of performance under this Agreement. In no event shall the making by City of any payment to
Contractor constitute or be construed as a waiver by City of any breach of covenant, or any
default which may then exist on the part of Contractor, and the making of any such payment by
City shall in no way impair or prejudice any right or remedy available to City with regard to such
breach or default.
18. Attorney's Fees In the event that either party to this Agreement shall commence any legal
action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party
in such action or proceeding shall be entitled to recover its costs of suit, including reasonable
attorney's fees.
19. Exhibits; Precedence All documents referenced as exhibits in this Agreement are hereby
incorporated in this Agreement. In the event of any material discrepancy between the express
provisions of this Agreement and the provisions of any document incorporated herein by
reference, the provisions of this Agreement shall prevail.
20. Entire Agreement This Agreement, and any other documents incorporated herein by
specific reference, represent the entire and integrated agreement between Contractor and City.
This Agreement supersedes all prior oral or written negotiations, representations or agreements
This Agreement may not be amended, nor any provision or breach hereof waived, except in a
writing signed by the parties which expressly refers to this Agreement.
21. Governing Law; Venue This Agreement shall be governed by and interpreted in
accordance with the laws of the State of California. In any suit, action, or proceeding arising out
of or related to this Agreement, or the documentation related hereto, the parties hereby submit
to the Jurisdiction and venue of the Superior, Municipal, or Justice Court, whichever is
applicable, in the County of Los Angeles, State of California.
22. Severance If any provision of this Agreement is held by a Court of competent Jurisdiction to
be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full
force and effect without being impaired or invalidated in any way.
23. Successors Bound The covenants and agreements contained in this Agreement shall be
binding upon and shall inure to the benefit of the agents, employees, heirs, successors,
subsidiaries, and assigns of the parties.
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have
executed this Agreement as of the datAfirsr above.
City of To
By
Charles R. Ma , City Manager
ATTOT
Mary R. Fla rick, City Clea
APPROVED
BY '
Charles R. Ma rn. 1 v A
AVANT-GARDE71 C.
Ana M 'e LeNo6a, President
EXHIBIT A
Under the direction of the Community Development Manager and in conjunction with the City
Council, Avant -Garde ("Consultant`) will perform the following services to compliment the
Community Development staff with its revitalization efforts. Services include, but shall not be
limited to, the following:
At the commencement of work, the Project Director shall complete the following tasks:
• Develop a Work Plan: Detail priority projects, special projects and development
opportunities. Schedule time tables and budgets. Assure activities are in compliance with
governing and fiduciary entities.
• Develop a Strategic Plan: Coordinate all economic, redevelopment, community
development efforts to ensure success. The outcome will be a 5 year plan to create a sense of
place and establish destination points throughout the City. The plan will detail efforts to create a
vibrant, sustainable community by developing revitalization activities which eliminate blight,
promote job creation and retention, encourage business attraction, and identify development
projects.
Time Line:
Both tasks will be completed 30 days after the execution of a contract between the City of
Temple City (City) and Avant -Garde, Inc. (Consultant).
MODULE 1. Commercial Revitalization
To prepare for this project we studied the commercial corridors within the City. A snapshot of
Las Tunas Dr. from the 9100 block to the 9600 block revealed 185 businesses with 17
vacancies (9%), 4 Banking institutions, and 1 supermarket. Eateries, restaurants, hair salons
and dress shops were very well represented. Parking lots are located behind the businesses
and there is on street parking; however traffic flows at a very fast pace and does not allow
adequate time for drivers to recognize signage and be attracted to various businesses. We
propose to create a sense of place and a vibrant Downtown District as follows:
Branding: Create and formalize the Downtown District. We will explore the opportunity to
become part of the California Main Street Program and direct our activities to achieve the goal
of designation. The Consultant shall create and design promotions which capture the unique
spirit of Temple City and incorporate the Arts, Youth, Senior Citizens and other community
partners. The goal is to develop consensus and a consistent Brand Identity to promote the
district and market the goods and services and a vibrant scene in Temple City.
Elimination of Slum and Blight: We will assist staff to maximize the effectiveness and
efficiency of the Facade Improvement Program by suggesting refinement to the program to
make a significant visual impact with a more economical approach to the contract management
if needed we can augment staff's assignment by providing program management services.
Simultaneously, we will explore and propose the use of CDBG funds to make immediate
improvements to the business corridors. We will work closely with code enforcement to create
an Intensified Code Enforcement (ICE) Program as a precursor to facade improvement
programs and Neighborhood Clean Up efforts.
Business Organization: The Consultant shall investigate the opportunities for the creation of
Business Improvement Districts/Property Business Improvement Districts. We will surface the
anticipated revenue generated from this endeavor and make a recommendation to the City. The
consultant shall also provide Business management technical assistance to existing
organizations and develop and create additional merchants associations, neighborhood
organizations and non-profit organizations as needed.
Business Retention: The Consultant will analyze the current market conditions and constraints
for the existing businesses and propose solutions to assist business owners. The assistance
may include but not be limited to advocacy, cooperative marketing, and exploration of a micro -
loan program, creation of a Local Business Opportunity Program, individual technical assistance
and site selection.
Technical Assistance Center: The Consultant shall create a Technical Assistance Center to
provide free technical experience to any Temple City business. This will benefit small
businesses with but not limited to accounting, business plans, web design, marketing and
advertising.
Time Line: All revitalization efforts are proposed within a 12 month period at execution of a
contract between the City and Consultant.
MODULE 2. Increase Tax Base
The Consultant shall perform several activities to increase Temple City's tax base. Chief among
the activities are management of development projects both public and private, and business
attraction and recruitment. We propose to actively recruit attractive businesses, solicit
responsible investment and development, and negotiate on behalf of the City to assure the best
use of public funds and the best interest of Temple City's residents are met.
Redevelopment Project Management: The consultant proposes to provide the following
tasks:
• Budget and Program Analysis: Advise the Director of Community Development of
additional financial strategies, opportunities and possible solutions to address the external and
internal economy.
• Project Manage ment/Specific Project Activities: Assist the City in managing and directing
redevelopment projects; analyze project economics and potential plan amendments; prepare
project schedules, budgets, and feasibility analysis; advise the City on potential financing
options and alternatives.
• Development and Planning Analysis: Provide development planning and analysis for
specific project undertakings. The Consultant may be asked to assist the City in preparing
options for development of a specific site to determine the optimal outcome and a
recommended project.
Development Pro Forma Analysis/Negotiation: Analyze proposed development projects
by the use of real estate pro forma analysis, including cost benefit analyses which will estimate
potential revenue generation and required service costs (to the City).
Disposition and Development/Owner Participation Agreements: Assume a lead role
and/or assist City staff in negotiating, preparing, and monitoring such agreements.
Agreement Processing: Prepare the back-up materials, agenda staff report, and
summary report (required by redevelopment law) and assure that proper noticing and hearings
are held in conformance with the law. Coordinate with legal counsel as needed.
Property Acquisition/Negotiation: Consultant may be asked to assist City staff with
property acquisition, relocation and negotiation services. Such activities may include reviewing
title reports, meetings and negotiating with property owners and tenants, coordination with
attorneys and relocation consultants, documentation preparation and escrow coordination.
Tax Increment Financing: Provide fiscal consulting services as needed for the issuance
of tax increment bonds or other securities. Collaborate, as needed, with the City's financial
advisor.
Finance Strategies: Evaluate pertinent issues related to the development of any
financing strategy. Pertinent issues may include determining which projects to fund, timing of
projects, advice regarding the prudent use of bond proceeds, housing funds, land/real estate
proceeds, and tax increment funds. Assist the City in evaluating the financial cost/benefits and
financial strategies for potential plan amendments.
" P r o v i d e i n i t i a l g u i d a n c e a n d s t r a t e g y t o s e l e c t a s p e c i f i c a r e a p l a n g e o g r a p h i c a l l o c a t i o n
i n t h e C i t y ' s e x i s t i n g p r o j e c t a r e a .
" A s s i s t t h e C i t y w i t h t h e c r e a t i o n a n d s o l i c i t a t i o n o f a R e q u e s t f o r P r o p o s a l s ( R F P ) t o
u n d e r t a k e a s p e c i f i c a r e a p l a n i n c l u d i n g t h e h i r i n g o f a l l r e d e v e l o p m e n t , p l a n n i n g ,
e n v i r o n m e n t a l , p r o f e s s i o n a l s e c o n o m i c a n d o t h e r d i s c i p l i n e s .
D e v e l o p m e n t P r o j e c t M a n a g e m e n t :
" I d e n t i f y a r e a s o f o p p o r t u n i t y f o r p r i v a t e d e v e l o p m e n t . I d e n t i f y a n d m a r k e t a v a i l a b l e s i t e s
a s p a r t o f t h e o v e r a l l e c o n o m i c d e v e l o p m e n t s t r a t e g y .
" R e c r u i t d e v e l o p e r s f o r r e s p o n s i b l e a n d s u s t a i n a b l e d e v e l o p m e n t p r o j e c t s . N e g o t i a t e w i t h
d e v e l o p e r s t o e n c o u r a g e a c o m m i t m e n t f r o m n e w b u s i n e s s e s t o h i r e l o c a l l y . P r o v i d e a s a f e
g u a r d t o T e m p l e C i t y a g a i n s t s p e c a n d f l i p d e v e l o p m e n t .
" T h e C o n s u l t a n t m a y b e a s k e d t o s e r v e a s C i t y ' s o m b u d s m a n f o r n e w d e v e l o p m e n t . T h e
c o n s u l t a n t m a y c o n d u c t i n i t i a l m e e t i n g s w i t h n e w d e v e l o p e r s t o a s s u r e p r o p o s e d d e v e l o p m e n t
i s i n t h e s p i r i t o f t h e o v e r a l l e c o n o m i c d e v e l o p m e n t s t r a t e g y . C o m p l e t e d u e d i l i g e n c e o f
i n t e r e s t e d d e v e l o p e r s o n t h e b e h a l f o f t h e C o m m u n i t y D e v e l o p m e n t D i r e c t o r .
B u s i n e s s A t t r a c t i o n / R e c r u i t m e n t : T h e C o n s u l t a n t s h a l l c o n d u c t a t h o r o u g h i n v e n t o r y o f a l l
T e m p l e C i t y b u s i n e s s e s a n d b e g i n t o r e c r u i t n o n - p r e s e n t a n d u n d e r - r e p r e s e n t e d b u s i n e s s e s t o
p r o v i d e r e s i d e n t s w i t h t h e n e c e s s a r y g o o d s a n d s e r v i c e s t o a v o i d e c o n o m i c l e a k a g e t o o t h e r
c o m m u n i t i e s .
T h e C o n s u l t a n t w i l l a l s o m a r k e t a v a i l a b l e o p p o r t u n i t i e s a t t r a d e s h o w s , e x p o s i t i o n s , c o n f e r e n c e s
a n d t o s i t e s e l e c t o r s .
I n a d d i t i o n , t h e c o n s u l t a n t s h a l l c r e a t e i n c o n j u n c t i o n w i t h t h e C h a m b e r o f C o m m e r c e , t w o
B r e a k f a s t / B u s T o u r s o f T e m p l e C i t y . W e s h a l l a d v e r t i s e t h e e v e n t s t o t a r g e t e d b u s i n e s s e s ,
r e a l t o r s , d e v e l o p e r s , a n d s i t e s e l e c t o r s . T h e e v e n t w i l l b e g i n w i t h a f u l l b r e a k f a s t a n d l i s t i n g o f
a v a i l a b l e p r o p e r t i e s f o l l o w e d b y g u i d e d t o u r o n b u s e s w i t h C i t y O f f i c i a l s p r o v i d i n g n a r r a t i o n . O u r
g o a l i s 1 0 0 a t t e n d e e s a t e a c h e v e n t .
T i m e L i n e : A l l a c t i v i t i e s d e t a i l e d i n P h a s e 2 s h a l l b e p e r f o r m e d a n d c o m p l e t e d w i t h i n 1 2 m o n t h s
o f t h e e x e c u t i o n o f a c o n t r a c t b e t w e e n t h e C i t y a n d C o n s u l t a n t .
MODULE 3. Feasibility Study of Redevelopment Project Area Expansion
The Consultant shall conduct a Feasibility Study for the Expansion of the Redevelopment
Project Area. The study will analyze the legal, economic and land use components of Temple
City's Redevelopment Plan.
Planning Discussion - The Consultant will meet with the Director of Community Development to
fully discuss the opportunities available to the City as well as present economic limitations and
time constraints.
Redevelopment Limits Analysis - Conduct a review of the Redevelopment Plan. Areas to be
addressed are:
1. Redevelopment Plan limits and sunset.
2. Time available to the City to incur debt and collect tax increment revenue.
3. Sunset of eminent domain authority.
4. Bond debt capacity.
5. Land use review.
6. Public improvements in development.
Tax Increment Projections — The Consultant shall prepare the tax increment projections derived
from an expansion of the Project Area. This will serve as the opportunity cost of an expansion
based on the time constraints, existing debt and projected redevelopment projects.
Blight Determination -- The Consultant shall perform a blight study of the Project Area. We will
analyze the physical and economic conditions of the commercial and residential corridors. A
real estate market analysis of the Project Area will be compared to the surrounding market area.
We will look at law enforcement statistics and code violations to determine a component of
blighted appearance.
Surface Redevelopment Programs to Alleviate Blight — Prepare a plan of redevelopment
programs to combat blight utilizing existing Temple City programs and new programs. The plan
will include costs and descriptions.
Conclusion and Recommendations — The Consultant shall prepare a report for the Community
Development Director to consider and present to the Agency Board of Directors. This report will
be discussed with the Director and the Consultant shall make any changes as deemed
necessary by the Director. The Consultant shall also be available to the Director and Agency
Board for all portions of consideration and adoption including meetings, phone calls and formal
presentations to the Agency Board of Directors.
Time Line: All activities will be completed 90 days after execution of contract between the City
and the Consultant.
Consultant shall provide the City with a Project Status Report every two weeks.
Project Manager will be available to City staff or designee for telephone calls Monday through
Friday, between the hours of 7:30 a.m. and 8:00 p.m.
iff
A V A NT
cAitDE
AVANT-GARDE, Inc
145 South State College Boulevard, Suile 350
Brea, California 92821
Tel. 626.657.7000
Fax. 626.657.6000
www.avant-oards-inc.com
October 7, 2009
Cathy Burroughs
Interim City Manager
City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
RE: Program Management Professional Service Agreement
Dear Cathy,
Avant -Garde has had the great pleasure of providing quality program management
services for a wide variety of needs and projects to the City of Temple City. Thank you
for the opportunity to continue our assistance with delivering the utmost professional
services to your City.
A recent review of the Rosemead Boulevard Beautification and Enhancements
Project has prompted both Avant -Garde and the City to take another look at the
contractual agreement, services provided by both Elie Farah, Inc. and Avant -Garde, and
revised milestone schedule in order to effectively deliver the construction of this very
important and much needed project.
In summary, the Project has an estimated construction cost of approximately $6.1
million, an additional $331,500 to Southern California Edison for the street light
installation costs, may require as many as 4-10 contractors to build and will take a
minimum of 10 months to construct.
Avant-Garde's contract, initiated in February 2008, was intended to follow the project
schedule and was not expected to extend beyond September 30, 2009. Since its
inception, City staff and hired consultants have made adjustments to the design and
administration of the Project at this pre -construction phase in order to address all
concerns associated prior to breaking ground to avoid delays with the construction.
City of Temple City
Contract Amendment
October 2009
Milestone Schedule
The current anticipated schedule is as follows;
Environmental clearance and 100% design
Caltrans grants Construction Authorization
Bid Administration and Advertising
Tentative Bid Opening
Award of Contract
Begin Construction
Complete Construction*
Page 2
October 30, 2009
December 30, 2009
January 1 -Feb. 28, 2010
March 3, 2010
April fi, 2010
May 3, 2010
February 2011 -August 2011
*(The variable in construction completion will be determined on the schedule provided by Southern California Edison to
complete the street lighting installation)
Avant -Garde has provided a brief description of the proposed contract amendments as
they pertain to both Project -specific recommendations and the Professional Services
contract. All recommendations are through the duration of the construction plus 45
working days for Final Project Closeout.
Federal Funding & Programming Administration
All services under the original contract have been fulfilled; many tasks are performed
annually according to the federal fiscal year (Oct. 1 — Sept. 30) and have been
continuously maintained on behalf of the City. Pursuant to the proposed term extension,
Avant -Garde proposes to continue federal -aid and Metro programming, exclusive
maintenance of STPL and DEMO funds, preparation of Obligation Plans and maintenance
assistance of Prop 16 and Prop C funding to the Financial Services Manager. Additional
services include as -needed updates to City Council, continued fiscal support and budget
analyses, and development of an invoice processing template for the contractor invoices
and subsequent cost tracking necessitated by the use of federal funds.
Project Authorization & Coordination Activities
Avant -Garde proposes a new total fee for the work remaining under this portion of the
contract. Due to the nature of the funding changes and extensions required over the last
two years, as well as the changes between the construction cost estimates, Avant -Garde
finds it necessary to request a fee increase to adequately represent the amount of work
required to prepare the Caltrans submittals. Recognizing the original authorized fee is
inadequate, Avant -Garde proposes a new total fee to complete the remaining tasks
associated with the Caltrans Project Administration, which include Construction
Authorization, Award Reports, preparation of 4 progress reimbursements and 1 Final
Report of Expenditures, and the Final Closeout. The previously authorized remaining
budget will become null and void upon acceptance of this contract amendment.
Over the last 18 months, as issues have arisen or assistance was needed, Avant -Garde
prepared a minimal fee for any "on call" or "as -needed" services directly related to the
Project as requested by the Public Services Manager or other authorized staff. Honoring
City of Temple City Page 3
Contract Amendment
October 2009
the same fee included in the original contract, we have included a line item for this
support in this Contract Amendment for an additional 18 -month period.
Federal Prevailing Wage Labor Compliance
As a condition of receiving federal aid for construction projects, the City must agree to
the insertion of Required Contract Provisions to the construction contract which include
but are not limited to Payment of Predetermined Wages, Record of Materials, Supplies
and Labor, Nondiscrimination and Disadvantaged Business Enterprise (DBE)
Subcontracting. As the administering agency, the City must ensure the contractor and all
subcontracts adhere to these provisions, also known as Labor Compliance. Avant -Garde
proposes to provide the following services:
• Conduct the mandatory pre-bid meeting to outline and provide clarification to
contractors on federal labor and DBE requirements.
• Provide federal compliance support for the Bid Evaluation and Contract Review.
• Attend the pre -construction meeting to reiterate federal labor and DBE
requirements to prime and subcontractors and outline our compliance role through
the duration of the construction period.
• Conduct the mandatory field interviews for a basis of comparison with the Certified
Payroll Review. Payroll Review is conducted weekly for the duration of the
construction contract.
• Provide and Conduct conflict resolution with contractors on matters of payroll,
underpayments, unauthorized deductions, and the like.
• Collect and report on Final DBE Utilization.
This element of the Project is required through the complete duration of the 200 -working
day construction period and is necessary until all conflicts are 100% resolved. Work is
determined on the number of subcontracts, number of different laborers and a
contractor's familiarity with the federal requirements. Avant-Garde's extensive experience
in Labor Compliance contributes to our success rate in working with contractors for
rectifying issues as they arise and ensure a speedy closeout.
Community Outreach
As an added and optional service, Avant -Garde can include elements of Community
Outreach designed to enhance public perspective and increase community pride of
property owners, business owners and residents. Our experience has shown that
proactive dissemination of information to the community produces these positive results.
The Project will affect all demographics of the City as the construction will take place in
residential areas, through the retail center of Las Tunas and Rosemead Boulevard, and
commercial areas. Likewise, the Project is the largest public improvement project
undertaken by the City and completely funded without any contribution from the General
Fund. These two very important facts are assumed important to the fiscally conservative
Temple City community and, as part of this proposal, Avant -Garde will produce a two-
sided, full color, bilingual mailer to be distributed to all property owners, businesses and
residents adjacent to Rosemead Boulevard prior to the construction commencement as
discussed with the Public Services Manager. Should the City opt for a more -extensive
City of Temple City Page 4
Contract Amendment
October 2009
Community Outreach element, Avant -Garde can prepare a separate proposal to provide
cost-effective solutions to meet the City's goals.
Professional Services Agreement Amendment
Section 1. Term
At this time, Avant -Garde respectfully requests a contract amendment extending the term
through December 1, 2011. If at this time the Rosemead Boulevard or any other project
remains active, the City may automatically extend the term of the agreement in one-year
increments or through the remainder of the fiscal year (June 30, 2012).
Section 5. Payment
(a) As outlined in this proposed contract amendment, the agreement amount
shall be increased by a not to exceed amount of $80,200 specifically for the Rosemead
Boulevard Project.
(b) Regarding additional services: the City Manager may approve additional
work not to exceed twenty-five percent (25%) of the amount of the contract
amendment, but in no event shall such sum exceed sixteen thousand forty dollars
($16,040). Any additional work in excess of this amount shall be approved by the City
Council.
Again, it has been our pleasure to provide Temple City with quality professional services
and we look forward to continuing our successful working relationship. Please contact our
office should you have any questions.
Sincerely,
na Marie L Noue
President
N NN
Summary of Proposed Amended Services
De1criptiQn of Services Est. Timeframe
cost
1Federal Funding & Programming Administration
$9,000
• LACMTA Programming
7%
• STPL/DEMO Funds management
17%
• Prop 16/Prop C management support
7%
• Continued budget and Fiscal support
36%
• Invoice processing template development
33%
2 Project Authorization & Coordination Activities
Calfrans Submittals
$12,150
• Construction Authorization
10%
• Contract Award Reports
W%
• Progress Reimbursements (4) and (l) Final Expenditures
50%
• Final Closeout
20%
ordinalion $15,300
3 Federal Prevailing Wage Labor Compliance 200 working days $43,000
• Pre -Bid & Pre -Construction Meeling Performance 10%
• Documents Evaluation 15%
• Field Interviews/Certified Payroll Reviews 50%
• Conflict Resofution 2s%
4 Community Outreach
Inf rm tion Maif $750
• 5.5" x 8.51 Fees .1;450
• 2 -Sided. 14pt. Gloss Coated with UV Costs $00
• Quantity: 500
Sub -Total: $90,200
AF,PROVED TO PROCEED:
city
Estimated Cost of Services: $80,200
ADDiTIONAI NOTES . -.1
OFFICE USE ONLY
PROJECT NUMBER: DATE:
AVANT-GARDE 1 601 S. Valencia Ave. SIe. 250, Brea, CA 92823 1 Phone.626.657.7000 Fax.626.657.6000