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Home My Public Portal AboutAgreement_2012-07-17_Avant Garde_1st AmendmentFIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT by and between the THE CITY OF TEMPLE CITY, a municipal corporation and ADVANCED AVANT-GARDE a California corporation Dated July 17, 2012 RN #4846-6813-5176 v FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT This First Amendment to Consultant Services Agreement ("First 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 municipal corporation ("City"), and ADVANCED AVANT- GARDE, a California corporation. ("Consultant`), as follows: RECITALS A. City and Consultant entered in a Consultant Services Agreement on November 1, 2011 ("Agreement'). The Agreement provides that Consultant will provide funding management, labor compliance monitoring, and liaison activities for funding administration agencies such as Caltrans for the Rosemead Boulevard Safety Enhancements and Beautification Project. B. Section 2 of and Exhibit "A" to the Agreement provide the Scope of Services to be performed by Consultant. C. Section 4 of and Exhibit 'B" to the Agreement provide that the maximum compensation under the Agreement shall not exceed $160,000.00. D. Subsection A.2 of Exhibit "A" to the Agreement requires the names of any Sub - Consultants to be submitted to the City for approval prior to the commencement of work. E. This First Amendment amends the Agreement to expand the Scope of Services performed by Consultant to include the services outlined and listed in the attached Request for Approval of Additional Work dated July 3, 2012 and to increase the maximum total compensation to $176,500.00. F. This First Amendment shall not be construed to amend Exhibit A of the Agreement to extend the time to complete the Scope of Work for this project. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. The Agreement is hereby modified and amended as follows: 1.1 SCOPE OF SERVICES. Exhibit "A" to the Agreement is hereby amended to include a new subsection "III" entitled "Additional Work Approved 7/17/12." The new subsection "IIP' shall read as shown in Exhibit "A: to this First Amendment. . 1.2 COMPENSATION. 1.2.1 Section 4 of the Agreement is hereby amended as follows: RIV #4846-6813-5176 v1 -2- 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 HUNDERED SEVENTY SIX THOUSAND FIVE HUNDRED DOLLARS ($176,500.00), unless additional compensation is approved in writing by the City Council or City Manager." 1.2.2 Section "C" (TOTAL COMPENSATION) of Exhibit `B" to the Agreement is hereby amended to read as follows: "The total compensation for the Services shall not exceed $176,500.00, as provided in Section 4 of this Agreement.'" 2. GENERAL PROVISIONS. 2.1.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. 2.2 Integration. This First Amendment consists of pages 1 through 4 and attached Exhibit `A.1" (2 pages) 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 First Amendment. 2.3 Effective Date. This First Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the City Manager. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 2.4.1 References. All references to the Agreement include all their respective ternis and provisions. All defined terns utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. CITY OF TEMPLE CITY RIV #4846-6813-5176 V1 -3- By: Jose uli , City Manager ATTEST: APPROVED AS TO FORM CONSULTANT: ADVANCED AVANT-GARDE CORPORATION B y.A By: Ana ari I e ou , Presrdent Lissette 611eros, Vice -President RIV #48466813.5176 v1 -4- AVANT G A R D E To: She Jarrahi, Project Director (VANIR) From: Lissette Calleros, Vice President Date: July 3, 2012 - Revised Attachment A.1 R e: City of Temple City — Rosemead Boulevard Beautification Project — Request for Approval of Additional Work No. 1 Avant -Garde has had the great pleasure of providing quality program management services for the Rosemead Boulevard Beautification Project. A recent review of our scope of work including timelines previously outlined has prompted us to take another look at the contractual agreement, services provided, and revised project schedule in order to effectively deliver this very important project. On November 1, 2011, the City approved a fee of $160,000 for Avant -Garde to provide funding administration and labor compliance services in three phases, pre -construction with an estimated duration period of 9 months, construction with an estimated duration period of 18 months and lastly post -construction with an estimated duration period of 2 months. Currently we have exhausted our budget in the pre -construction phase. Our budget for the pre -construction phase was designated at $51,006. We have spent a lot of extra time coordinating submittals and re -submittals to Caltrans that we originally did not anticipate time for. This extra time is in response to changes to the plans and project conditions that were initiated by the project team and required that the submittals be revised base on the changes. After discussions with Vanir Construction Management, Avant -Garde has agreed to the following: Environmental Clearance: On 4/16/12 Caltrans required a resubmitted package as Caltrans requested that we revise the federal project numbers and combine into one project. This required programming changes with Metro in addition to coordination with Caltrans for processing of the revised environmental clearance document. (Request from Caltrans attached) Additional time spent 25 hours: PM 10 hours @$110, PC 15 hours @ $75 = $2,225 No Extra Cost to the City 2. Right of Way Clearance: On 2/4/12 we resubmitted for the second time in order to revise the amount of easements the designers had designated for the project. This included removal of the private properties on the north side of the project. On 3/29/12 we revised the package for the third time in order to revise the submittal to remove all of the easements and right-of-way notations designated by the design engineers. This included removal of all of the underground utility work on the south side of the project. On 4/12/12 we revised the package for the fourth time to reflect 1IPage AVANT G A R D E the new Federal Project number assigned and remove the permits that had originally been designated. On 5/24/12 we revised the package for the fifth time to revise the project description. The City clarified that driveways would not be closed at the gas stations as previously stated in the environmental submittal project description in additional the city clarified that agreements had not been secured for leasing of commercial properties for staging areas, therefore the package had to be revised to remove such notations. We also revised the bid items to include the designated utility owners for the utilities that had been designated to be in conflict with the project. Additional time spent 80 hours: PM 15 hours @$110, PC 66 hours @ $75 = $6,600 3. E-76: On 5/2/12 Caltrans requested that we combine the original submittals to one package, based on the changes that had been initiated by the Environmental Clearance and change of Federal Project Number. On 5/7/12 we revised the submittal to include the dates for the ROW approval. Additional time spent 20 hours; PM 5 hours @$110, PC 15 hours @ $75 = $1,675 No Extra Cost to the City 4. Program & Funds Management: In order to continue our support services until construction begins, which is estimated based on the current construction schedule to begin in August 2012 we are requesting that additional time be allocated to our budget for June through July. This budget is identified to be available for on-call, as - needed items by the Project Managers and City, complete reporting required by the funding agencies and coordination with finance on budgetary items. At this time, based on the recent history of the project, Avant -Garde assumes approximately 45 hours per month will be sufficient to perform these activities. Additional time requested until construction begins: 90 hours @ $110 = $9,900 At this time, Avant -Garde respectfully requests consideration of a contract amendment in the amount of $ 16,500. If you have any questions please feel free to contact me at 909- 979-6587. Thank you in advance for your consideration and for the opportunity to continue our assistance with delivering the utmost professional services to your City. Sincerely, Lissette Calleros Approval of Additional Work No. 1: City of Temple City 21 Page