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Home My Public Portal AboutAgreement_2009-10-07_Avant GardeAVANT c.ARDr_ AVANT-GARDE, Inc 145 South State College Boulevard, Suite 350 Brea, California 92821 Tel. 626.657.7000 Fax. 626.657.6000 www.avant-garde-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 6, 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 1B 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 AVANT G A K D E Summary of Proposed Amended Services Description of Services Est. Timeframe cow 1 Federal Funding & Programming Administration $9,000 • LACMTA Programming 77 • STPL/DEMO funds management 17% • Prop 1 B/Prop C management support 77 • Continued budget and fiscal support 367 • Invoice processing template development 33% 2 Project Authorization & Coordination Activities Caltrans Submittals $12,150 • Construction Authorization 10% • Contract Award Reports 207. • Progress Reimbursements (4( and (1) Final Expenditures 50% • Final Closeout 207, Manaaemenf Support & Coordination $15,300 3 Federal Prevailing Wage Labor Compliance 200 working days $43,000 • Pre -Bid & Pre -Construction Meeting Performance 10% • Documents Evaluation 15% • Field Interviews/Certified Payroll Reviews 50% • Conflict Resolution 25% 4 Community Outreach Information Mailers $750 • 5.5' x 8.51 Fees $450 • 2 -Sided. 14pt. Gloss Coated with UV Costs $300 • Quantity: 500 Sub-Tolal: $80,200 Estimated Cost of Services: $80,200 ADDITIONAL NOTES OFFICE USE ONLY PROJECT NUMBER: DATE: AVANT-GARDE 1601 S. Valencia Ave. Ste. 250, Brea, CA 92823 1 Phone.626.657.7000 Fax.626.657.6000