HomeMy Public PortalAbout09) 7G Advanced Avant-Garde Agreement AmendCity Council
July 17, 2012
Page 2
4. On June 1, 2012, the preconstruction phase budget for Advanced Avant-Garde's
work was exhausted.
5. On June 6, 2012, the City received the Right-of-Way approval from Caltrans .
6. On June 28, 2012, the final changes were made to the Request for Authorization
to Proceed with Construction package based on the updated project cost
estimate produced by Gruen Associates.
7 . On July 2, 2012, the Request for Authorization to Proceed with Construction
package was approved by Caltrans Local Assistance and forwarded to Caltrans
Headquarters for final approval.
ANALYSIS:
The Rosemead Boulevard Safety Enhancement and Beautification Project currently has
$4.3 million of federal funds allocated to the project. The federal funds require that they
are managed in accordance with the Caltrans Program Local Procedures Manual. Prior
to beginning work for which federal reimbursement will be requested, the project must
be formally authorized by Caltrans (secure E-76). Caltrans submittals of both Request
for Authorization to Proceed with Construction and Right-of-Way are required to reflect
the actual project documents that contractors will use to bid the project. These
submittals are the basis upon which scope item reimbursement will be determined,
approved and distributed . Therefore, significant changes to scope items, especially the
items that are federally funded by grants, require re-submittal of the Request for
Authorization to Proceed with Construction package . Any changes to potential
easement requirements, such as for connections for utility work, necessitate re-
submittal of the Right-of-Way package.
On November 1, 2011 , the City Council approved a Consultant Service Agreement for
Advanced Avant-Garde to provide funding administration and labor compliance services
in three phases : 1) pre-construction with an estimated duration period of nine months
for $51 ,006; 2) construction with an estimated duration period of 18 months for $98 ,306 ;
and 3) post-construction with an estimated duration period of two months for $10,688.
In order to continue with Advanced Avant-Garde's support services until the
construction phase begins in August 2012, additional funding is being requested for
services performed during the months of June and July. This $16,500 budget
amendment will cover: 1) the extra time spent by Advanced Avant-Garde on re-
submittals; 2) availability for on-call, as-needed items by the Project Managers (i.e., City
and Vanir CM); 3) completion of reports required by the various funding agencies; and
4) coordination with City's Administrative Services Department on budgetary items.
City Council
July 17, 2012
Page 3
BUDGET IMPACT:
The costs associated with approval of Amendment No. 1 to the consultant services
agreement with Advanced Avant-Garde were allocated as part of the FY 2012-13 City
Budget. Specifically, the proposed funding source is Prop C . (Attachment "C").
CONCLUSION:
Approval of Amendment No. 1 in the amount of $16 ,500.00 will allow Advanced Avant-
Garde Inc. to provide additional fund management and labor compliance services for
the Rosemead Boulevard Safety Enhancement and Beautification Project.
ATTACHMENTS :
A. Amendment No. 1 to the Consultant Services Agreement between City a nd
Advanced Avant-Garde Inc.
B . Consultant services agreement between the City of Temple City and Advanced
Avant-Garde Inc. dated November 1, 2011.
C. Budget for the Rosemead Boulevard Safety Enhancement And Beautification
Project.
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FIRST AMENDMENT TO
CONSULT ANT SERVICES AGREEMENT
RIV #4846-68 13-5 l 76 vi
by and between
the
THE CITY OF TEMPLE CITY,
a municipal corporation
and
ADVANCED AVANT-GARDE
a California corporation
Dated July 17, 2012
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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 ofWork 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 :
l. 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 '"lii" entitled "Additional Work Approved 7/17/12 ."
The new subsection ·'liJ" shall read as shown in Exhibit "A: to this First
Amendment. .
1.2 COMPENSATION.
1.2.1 Section 4 of the Agreement is hereby am ended as follows :
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The second sentence of Section 4, subparagraph (a) of the Agreement is
amended to read as follows: ·'The total compensation. including
reimbursement for actual expenses, shall not exceed ONE 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 ··s·· 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 ofthis 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 terms
and provisions. All defined terms utilized in this First Amendment have the same
meaning as provided in the AI:,JTeement, 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
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By: ____________ _
Jose Pulido, City Manager
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM
Eric S. Vail , City Attorney
CONSULT ANT:
ADVANCED AVANT-GARDE CORPORATION
By :__,......,,........,.----,------~-----
Ana Marie LeNoue, President
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By:_--=,.........------=-;,.,----=---:-.----,--------
Lissette Calleros, Vice-President
AVANT
G A R. D E
To: Sha Jarrahl, Project Director (VANIR)
From: Lissette Calleros, Vice President
Date: July 3, 2012-Revised
f't \ ·n A.
oF 2._
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 Cattrans 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:
1. 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 hour5 @$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 lhe fourth time to reflect
liPage
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CONSULTANT SERVICES AGREEMENT
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
Advanced Avant-Garde Corporation
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AGREEMENT FOR CONSULTANT SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
ADVANCED AVANT-GARDE CORPORATION
This Agreement for Consultant Services {"Agreement'') is entered into as of this 1st day
of November, 2011 by and between the City of Temple City, a California municipal corporation
("City'1 and Advanced A vant-Garde Corporation, a California Corporation (''Consultant" or
"Avant-Garde"). City and Consultant are sometimes hereinafter individually referred to as
''Party'' and hereinafter collectively referred to 11s the "Parties."
RECITALS
A. Consultant, following submission of a proposal for the performance of the
services defmed and described particularly in Section 2 of this Agreement, was selected by the
City to perform those services.
B. Consultant and City entered into a Design Professional Services Agreement on or
about February 19, 2008 for services pertaining to the Rosemead Boulevard Beautification and
Safety Enhancements project (''Original Agreement"). The term of the Original Agreement was
set to expire on September 30, 2009, but the Parties mutually agreed to extend to term to
December 1, 2011.
C . The services defined and described in Section 2 of this Agreement and the
services provided for in the Original Agreement overlap, and it is the intent of the Parties that
this Agreement supezsede and replace the Original Agreement.
D. Pursuant to the City of Temple City's Municipal Code, City has authority to enter
into this Consultant Services Agreement and the City Manager has authority to execute this
Agreement.
E . The Parties desire to fonnalize the selection of Consultant for performance of
those services defined and described particularly in Section 2 of this Agreement and desire that
the terms of that perfonnance be as particularly defined and described herein.
OPEBATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained here and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement•• of this Agreement,
the scope of services set forth in Exhibit .. A., "Scope of Services" shall be completed pursuant to
the schedule specified in Exhibit "A." Should the scope of services not be completed pursuant to
JUV 048311·6958-31180 v i - 1 -
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that schedule, the Consultant shall be deemed to be in Default of this Agreement pursuant to
Section 21 of this Agreement The City, in its sole discretion, may choose not to enforce the
Default provisions of this Agreement and may instead allow Consultant to continue performing
the scope of services until such services are complete.
SECTION2. SCOPE OF SERVICES.
Consultant agrees to perfonn the services set forth in Exhibit "A'' ''Scope of Services''
and made a part of this Agreement.
SECTION3. ADDITIONAL SERVICES.
Consultant shall not be compensated for any services rendered in connection with its
perfounance of this Agreement which are in addition to or outside of those set forth in this
Agreement or Jisted in Exhibit .. A" .. Scope of Services," unJess such additional services are
authorized in advance and in writing by the City Council or City Manager of City. Consultant
shall be compensated for any such additional services in the amounts and in the maMer agreed to
by the City Council or City Manager.
SECTION4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Consultant the amounts specified in Exhibit "B" "Compensation" and made a part of this
Agreement The total compensation, including reimbunement for actual expenses, shall not
exceed one hundred and sixty thousand dollan; ($160,000), unless additional compensation is
approved in writing by the City Council or City Manager.
(b) Each month Consultant shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month. The invoice shall detail charges
by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and
sub-consultant contracts. Sub-consultant charges shall be detailed by the following categories:
labor, tJavel, materials, equipment and supplies. City shall independently review each invoice
submitted by the Consultant to determine whether the work performed and expenses incurred are
in compliance with the provisions of this Agreement. In the event that no charges or expenses
are disputed, the invoice shall be approved and paid according to the terms set forth in subsection
(c). In the event any charges or expenses are disputed by City, the original invoice shall be
returned by City to Consultant for correction and resubmission.
(c) Except as to any chqes for work perfouned or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within
forty-five (45) days ofreceipt of Consultant's correct and undisputed invoice.
(d) Payment to Consultant for work performed pursuant to this Agreement shall not
be deemed to waive any defects in work performed by Consultant.
SECTIONS. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Consultant's work under this Agreement,
either during performance or when completed. City shall reject or finally accept Consultant's
RN t4838·69S8 -3880 vi -2-
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work within sixty (60) days after submitted to City. City shall reject work by a timely written
explanation, otherwise Consultant's work shall be deemed to have been accepted. City's
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and
such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall
not constitute a waiver of any of the provisions of this Agreement including, but not limited to,
sections 16 and 17, pertaining to indemnification and insurance, respectively.
SECTION6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files and other documents prepared, developed or discovered by Consultant
in the course of providing any services pursuant to this Agreement shall become the sole property
of City and may be used, reused or otherwise disposed of by City without the permission of the
Consultant. Upon completion. expimtion or termination of this Agreement, Consultant shall tum
over to City all such original maps, models, designs, dntwings, photographs, studies, swveys,
reports, data, notes, computer files, flies and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the co~e of
providing any serlices pursuant to this Agreement, Consultant's guarantees and wmants related
to Standard of Performance and found in Section 9 of this Agreement shall not extend to such
use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes,
computer files, files or other documents.
SECTION7. CONSULTANT'S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or
relating to Consultant's performance of services p~uant to this Agreement. Consultant shall
maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other
documents or records evidencing or relating to work, services, expenditures and disbursements
charged to City pursuant to this Agreement. Any and all such documents or records shall be
maintained in accordance with generally accepted accounting principles and shall be sufficiently
complete and detailed so as to pennit an accumte evaluation of the services provided by
Consullant pursuant to this Agreement. Any and all such documents or records shall be
maintained for three yean from the date of execution of this Agreement and to the extent
required by laws relating to audits of public agencies and their expenditures.
(b) AJJ.y and all records or documents required to be maintained pursuant to this
section shall be made available for inspection, audit and copying, at any time during regular
business hours, upon request by City or its designated representative. Copies of such documents
or records shall be provided directly to the City for inspection, audit and copying when it is
practical to do so; otherwise, unless an alternative is mutually agreed upon. such documents and
records shall be made available at Consultant's address indicated for receipt of notices in this
Agreement
(c) Where City has reason to believe that any of the docwnents or records required to
be maintained pursuant to this section may be lost or discarded due to dissolution or termination
RN 1'4138-6958-JUO vi -3-
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of Consultant· s business, City may, by written request, require that custody of such documents or
records be given to the City and that such documents and records be maintained by the requesting
party. Access to such documents and records shall be granted to City, as well as to its
successo~-in-interest and authorized representatives.
SECTION 8. STATUS OF CONSULTANT.
(a) Consultant is and shall at all times remain a wholly independent contractor and
not an officer, employee or agent of City. Consultant shall have no authority to bind City in any
manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City,
whether by ccntmct or otherwise, unless such authority is expressly conferred under this
Agreement or is otherwise expressly confen-ed in writing by City.
(b) 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 elected or appointed boards, officers, officials, employees or agents of City, 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 Consultant or any of Consultmt' s officers, employees, or agents are in any manner officials,
officers, employees or agents of City.
(c) Neither Consultant , nor any of Consultant's officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Consultant expressly waives any claim Consultant may have to any such
rights.
SECTION9. STANDARD OF PERFORMANCE.
Consultant represents and WIIJT8Ilts that it has the qualifications, experience and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent and professional manner. Consultant shall at all times faithfully, competently and to
the best of its ability, experience and talent, perform all services described herein. In meeting its
obligations under this Agreement, Consultant shall employ, at a minimwn, generally accepted
standards and practices utilized by persons engaged in providing services similar to those
required of Consultant under this Agreement.
If and to the extent that City utilizes for any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, repor1s, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement, Consultant's guarantees and wammties
related to S1andard of Perfonnance shall not extend to such use of the maps, models, designs,
dnlwings, photographs, studies, surveys, reports, data, notes, computer files, files or other
documents.
RJV #4838-6958·3880 vi -4-
SECTION 10.
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COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and
local laws, statutes, codes, ordinances, regulations and rules in effect during the tenn of this
Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to
perform the services set forth in this Agreement. Neither City, nor any elected or appointed
boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a
result of any failure of Consultant to comply with this section.
SECTIONll. PREVAILING WAGE LAWS
It is the understanding of City and Consultant that California prevailing wage laws do not
apply to this Agreement because the Agreement does not involve any of the following services
subject to prevailing wage ntes pursuant to the California Labor Code or regulations
promulgated thereunder. Construction, altemtion, demolition, instalJation, or repair work
perfonned on public buildings, facilities, streets or sewers done under contract and paid for in
whole or in part out of public funds. In this context, "construction., includes work performed
dwing the design and preconstruction phases of construction including, but not limited to,
inspection and land surveying work.
SECTION12. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of mce,
color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or
marital status in connection with or related to the perfonnance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C .A. §§ 1 101, ~ sg., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should the any liability or sanctions be imposed against City for such use of unauthorized
aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or
sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICfS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its finn, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Consultant's performance of services under
this Agreement. Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall be employed by it as an officer, employee, agent or
subcontractor without the express written consent of the City Manager. Consultant agrees to at all
times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
City in the performance of this Agreement
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(b) City understands and acknowledges that Consultant is, as of the date of execution
of this Agreement, independently involved in the perfonnance of non-related services for other
governmental agencies and private parties. Consultant is unaware of any stated position of City
relative to such projects. Any future position of City on such projects shall not be considered a
conflict of interest for purposes of this section.
(c) City understands and acknowledges that Consultant will, perform non-related
services for other governmental agencies and private parties following the completion of the
scope of work under this Agreement Any such future service shalJ not be considered a conflict
of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) AU information gained or work product produced by Consultant in performance of
this Agreement shall be considered confidential, unless such information is in the public domain
or already known to Consultant. Consultant shall not release or disclose any such infonnation or
work product to persons or entities other than City without prior written authorization from the
City Manager, except as may be required by law.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without
prior written authorization from the City Manager or unless requested by the City Attorney of
City, voluntarily provide declaJlltions, ]etten of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered "voluntary" provided Consultant
gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant,
provides any information or work product in violation of this Agreement, then City shall have the
right to reimbursement and indemnity from Consultant for any damages, costs and fees,
including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees,
agents or subcontlllctors 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 party regarding this Agreement and the work performed thereunder.
City retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Consultant However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
SECTION16. INDEMNIFICATION.
(a) Indemnjfication for Professiond Liabili~. Where the law establishes a
professional standard of care for Consultant's Services, 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 to the extent same are
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caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its
officers, agents, employees or sub-consultants (or any entity or individual that Consultant shall
bear the legal liability thereof) in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend and bold hannless City, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any
kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs,
interest, defense costs, and expert witness fees), where the same arise out of, are a consequence
of, or are in any way attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which Consultant is legally liable, including but not
limited to officers, agents, employees or sub-contnctors of Consultant.
(c) General Indemnification Provisions. Consultant agrees to obtain executed
indemnity Agreements with provisions identical to those set forth here in this section from each
and every sub-contmctor or any other person or entity involved by, for, with or on behalf of
Consultant in the performance of this Agreement. In the event Consultant fails to obtain such
indemnity obligations from others as required here, Consultant 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 City as set forth here is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or
this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this Section 16
[Indemnification] to the contrary, design professionals are required to defend and indemnify the
City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a
design professional to claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the design professional. The term "design
professional," as defmed in Section 2782.8, is limited to licensed BJ'Cbitects, licensed landscape
architects, registered professional engineers, professional land surveyors, and the business
entities that offer such services in accordance with the applicable provisions of the California
Business and Professions Code.
(e) The provisions of this section do not apply to claims occurring as a result of City's
sole negligence. The provisions of this section shall not release City fiom liability arising from
gross negligence or willful acts or omissions of City or any and all of its officials, employees and
agents.
SECTION 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insunmce policies set forth in Exhibit •'C" .. Insurance" and made a part of this
Agreemenl All insun.nce policies shall be subject to approval by City as to form and content.
RIV IM83~8·3BBO vi -7-
These requirements are subject to amendment or waiver if so approved in writing by the City
Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Consultant are material considerations for this
Agreement. City has an interest in the qualifications of and capability of the persons and entities
who will fulfill the duties and obligations imposed upon Consultant under Ibis Agreement In
recognition of that inte~t, Consultant shall not assign or transfer this Agreement or any portion
of this Agreement or the performance of any of Consultant's duties or obligations under this
Agreement without the prior written consent of the City Council. Any attempted assignment
shall be ineffective, null and void, and shall constitute a material breach of this Agreement
entitling City to any and all remedies at law or in equity, including summary termination of this
Agreement. City acknowledges, however, that Consultant, in the performance of its duties
pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant's staff and subcontractors, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors,
if any, assigned to perform the services required under this Agreement. prior to and during any
such performance.
SECTIONlO. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving
thirty {30) days written notice of termination to Consultant. In the event such notice is given,
Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thirty (30)
days written notice oftennination to City.
(c) If either Consultant or City fail to perfonn any material obligation under this
Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this
Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property
belonging exclusively to City which is in Consultant's possession shall be returned to City.
Consultant shall furnish to City a fmal invoice for work performed and expenses incurred by
Consultant, prepared as set forth in Section 4 of this Agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 of this Agreement.
SECTIONll. DEFAULT.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
RN 1141311-69.58-3880 vi -8-
A-,-,-~~) ccB "'}
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default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances wammt. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
City may take necesS81')' steps to tenninate this Agreement under Section 20. Any failure on the
part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver
of the City's legal rights or any rights arising out of any provision of this Agr=ment
SECTIONll. EXCUSABLE DELAYS.
Consultant shall not be liable for damages, including liquidated damages, if any, caused
by delay in performance or failure to perform due to causes beyond the control of Consultant
Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal,
state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes,
and unusually severe weather. The term and price of this Agreement shall be equitably adjusted
for any delays due to such causes.
SECTIONl3. COOPERATION BY CITY.
All public information. data, reports, records, and maps as are existing and available to
City as public records, and which are necessary for carrying out the work as outlined in the
Exhibit "A" ''Scope of Services," shall be furnished to Consultant in every reasonable way to
fac ilitate, without undue delay, the work to be performed under this Agreement.
SECTIONl4. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and
shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return
receipt requested, addressed as follows:
To City:
To Consultant:
City of Temple City
Attn: City Manager
9701 Las Tunas Dr.
Temple City, CA 91780
Avant-Garde Inc.
Attn: Ana Marie Lenoue, President
3670 W. Temple Ave., Suite 278
Pomona, CA 91768
Notice shall be deemed effective on the date personally delivered or transmitted by
facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States
Postal Service.
RIV "4838-6958-3880 vi -9 -
SECTION2S. AUTHORITY TO EXECUTE.
ATT ~~ e::-t-J'"'I t~'B")
'PA-G-G l \ 0 r-2...b
The person or persons executing this Agreement on behalf of Consultant represents and
wammts that he/she/they has/have the authority to so execute this Agreement and to bind
Consultant to the performance of its obligations hereunder.
SECTIONl6. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her
designated representative, following approval of this Agreement by the City Council. The City
Manager shall have the authority to issue interpretations and to make minor amendments to this
Agreement on behalf of the City so long as such actions do not materially change the Agreement
or make a commitment of additional funds of the City. All other changes, modifications, and
amendments shall require the prior approval of the City Council.
SECflON27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
SECTIONl8. MODIFICATION OF AGREEMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing
and approved by the Consultant and by the City Council. The parties agree that this requirement
for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION29. WAIVER.
Waiver by any party to this Agreement of any tenn, condition, or covenant of this
Agreement shall not constitute a waiver of any other term. condition, or covenant. Waiver by
any party of any breach of the provisions of this Agreement shall not constitute a waiver of any
other provision nor a waiver of any subsequent breach or violation of any provision of this
Agreement Acceptance by City of any work or services by Consultant shaU not constitute a
waiver of any of the provisions of this Agreement
SECTION30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the
State of California. In the event of litigation between the parties. venue in state trial courts shall
lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
SECTION31. A 'ITORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision
of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to
an award of reasonable attorney's fees, costs and expenses. in addition to any other relief to
which it may be entitled.
RIV *4838·69.S8·3180 vi -10-
A-n-A-c~V\\.eNT ((B ,,
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ADVANCED AVANT-GARDE CORPORATION
NOTE:
By.e.~-
Its: Vice-President
CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S
BUSINESS ENTITY.
RJV :>t838-69S8-3880 v i -12-
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EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services as part of the Rosemead Boulevard
Beautification and Safety Enhancements project:
Pre-Construction Phase -includes all work necessary to achieve successful authorization to
commence construction by funding partners and regulatory agencies for which A vant-Garde is
acting as the liaison. Includes on~call, as-needed support to the Project Manager on items of
fmance, prognmuna.tic requirements and limitations, strategic planning, master and interval
scheduling, and support to the City as requested.
In the Pre-construction phase, Avant-Garde's Caltrans Liaison work will encompass all
necesslll)' activities with Caltrans to properly authorize the federal funding for the project and
maximize City•s reimbursement of$4.76 million.
Due to the funding constraints of the multiple federal fund sources anticipated, a total of four
different grants, it is anticipated that Caltnms will require two federal project numbers (FPN)
with independent packages: the first package will mirror the original federal eannark. and the
second will include the additional scope features funded with the federal funding assigned from
the MTA Call for Projects, as well as the Caltrans State funding through the BTA grant.
In the Pre-Construction phase, Caltrans Liaison activities will include:
• Preparation! Submission of a total of 6 Authorization Packages
1. Environmental Clearance (coordinated effort with Atkins Global) -two packages
2. Right of Way Clearance-two packages
3. Authorization to Proceed with Construction -two packages
• Prepare/provide Mandatory Pre-Bid Meeting(s) Provisions (required on all federal
projects)
• Prepare/provide On the Job Training Provisions and Goals for Construction
Specifications (required on projects with more than 100 working days based on
schedule of values)
• Meeting Coordination, Attendance, and Administration
• Package Coordination directly with Caltrans
Program & Funds Management scope will include a continuation of budget and fmancial
advisement of the 14 fund sources to the point of construction contract award. This budget is
identified to be available for on-call, as-needed items by the Project Managers and City that may
or may not be included in the summary provided.
RN M838-6958·3880 vi
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1n the Pre-Construction phase, Program & Funds Management activities may include:
Programmatic Support to City and Project Director/Manager on coordination activities
required to implement the project, such as:
• Railroad Coordination -provide advisement of documentation based on Caltrans
requirements and support to the Project Manager
• Utility company/agreement coordination -provide advisement of documentation based
on Cal trans requirements and support to the Project Manager
• Preparation of General & Federal Provisions for Construction Specifications based on
Caltrans and other regulatory/funding requirements -provide advisement of options
based on regulatory requirements
• Prepare Council Authorization Requests as required for Project Certifications
Budget/Funds Management
• Continuation of Bi-weekly updates of the budget status and funding so~s
• Eligibility packaging of construction scope items according to the applicable funding
available to cover costs
• Staff Report preparation and support for other miscellaneous funding actions to secure
funds, agreements, etc. as they pertain to the project
• Bi-Annual Expenditure/Revenue Reconciliations completed in conjunction with the
Finance department to ensure proper expenditure processing, reporting to funding
partners (MT A. State of California), adjustment of budgets where interest earned is
applicable, etc.
• Development of the Construction Invoice template for Finance department's processing
and expenditure allocation to all of the 14 funding sources dependent upon the quantities
invoiced
• Coordination and Preparation of the MT A Agreement for funds secured as part of the
Call for Projects
• Coordination and preparation of progress reports or correspondence related to other
grants such as BT A, HSIP, RAC or otherwise
LasUy in Pre~Construction, Federal Labor Compliance Monitoring is applicable to the bid
advertising phase of the project. Within this phase of the overall implementation of the project,
activities will include:
• Preparation and submittal of an annual report for approval relative to setting the
Disadvantaged Business Enterprise (DBE) goal for the City to include in the
specifications to the prospective construction contractors as required by FHW A.
• Conduct the mandatory pre.bid meeting to outline and provide clarification to
contractors on prevailing wage and DBE requirements.
RJV a4838-69S8·3880 vi
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• Provide federal compliance support for the Bid Evaluation and Contract Review.
During-Construction Phase -includes aU work necessary to keep construction progress on
schedule, within federal compliance and ensure timely reimb~ement of construction costs.
Includes active monitoring of federal prevailing wages and reconciliation of all certified payrolls
for the full duration of construction.
In the During-Construction phase, Caltraos Liaison activities will include:
• On the Job Tlllining Program review and management based on the construction
contractor's supplied paperwork to fulfill the requirement and provide the necessary
reports
• Prepare/ Submit the Award Package to Caltrans - 2 p&Ckages. Includes review and
coordination of federally-required fonns
• Prepare/submit approximately bi-monthly reimbursements {based on 16-mo active
construction period) -16 reimbursements total. Reimbursements may be requested
monthly; the schedule of reimbwsements will be based on lhe construction schedule and
payment on reimbursable quantities
• Package Coordination directly with Caltrans
Continuing throughout the During-Construction phase, Avant-Garde's Program & Funds
Management scope will include the budget and financial advisement of the 14 fund sources,
ensuring that all grant resources are being maximized to the fullest potential before exhausting
the local funds. This budget is also identified to be available for on-call, as-needed items by the
Project Manag~m and City that may or may not be included in the summary provided.
During Construction, Program & Funds Management activities may include:
• Ongoing Programmatic Compliance
• Master and Interval Scheduling Support
• Budget & Funds Management and Coordination between Finance and the Construction
Manager
• Monthly Invoice evaluation and prepamtion of the template for City Finance processing
• Coordination and preparation of progress reports or correspondence related to other
grants such as BTA, HSIP, RAC or otherwise
• Cash flow projections and management support to Finance department specifically for
project expenses
• Ongoing support to Construction Manager and City as needed
RJV 114838·6"1·3880 vi
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?A-~ ,e or 2b
Lastly in the During-Construction phase, Federal Prevailing Wage Monitoring is required due
to the funding nature of lhis project. The City must include Contract Provisions to the
construction contract which include but are not limited to Payment of Prevailing Wages, Record
of Materials, Supplies and Labor, Nondiscrimination and Disadvantaged Business Ente~prise
(DBE) Subcontracting. As the administering agency, the City must ensure the prime contractor
and all subcontracts adhere to these provisions and actively monitor compliance. Avant-Garde
proposes to provide the following services:
• Attend the pre-construction meeting to review compliance with the selected contractor as
well as DBE requirements to prime and subcontractono 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 conflict resolution with contracton; on matters of payroll, undeq>eyments,
unauthorized deductions, and tracking of apprenticeships.
• Collect and report on Final DBE Utilization.
Post-Construction Phase -includes all work necessary to complete all final closeout activities,
including various Final Expenditure Reports, fmal progress reports, final utilization reports, elc.
Also continues the on-call, as-needed consultation and advisement of project closeout activities
of budget and funds management of the 14 funding sources.
In the Post-Construction phase, Caltrans Liaison activities will incJude:
• Prepare and submit two (2) Final Report Packages on the federal funding to Caltrans,
including the Final Reimbursement
• Coordinate and Attend the FinaJ Inspection performed by Caltrans
• Package Coordination directly with Caltrans
• Prepare and submit the final On the Job Training Utilization
In the Post-Construction phase, Program & Funds Managemeat activities may include:
• Final reconciliation of grant funding
• Prepare and submit Final Reports to each funding agency, in some cases request final
reimbursement and/or contract closeout (some grants withhold a retention)
• Provide support to Construction/Project Manageno to prepare final staff reports to Council
• Seek recognition opportunities, preparation of awards and recognition applications,
and/or provide funding information for press releases, etc.
This budget is identified to be available for on-call, as-needed items by the Project ManageB and
City that may or may not be included in the summ&ry provided.
RIV C0~8lll-6951!-3110 vl
In the Post-Construction phase of the project, Federal Labor Compliance Monitoring activities
proposed include coordination required to prepare the Final Closeout, reports and any pending
reconciliation efforts to ensure the contractor and City have completed the project in full
compliance. This also includes providing the Final Project File to be retained in City files.
II. AMENDMENT
The Scope of Services, including services, work products, and personnel, are subject to
change by mutual Agreement. In the absence of mutual Agreement regarding the need to change
any aspects of performance, Consultant shall comply with the Scope of Services as indicated
above.
RIV -.4838·6958·3880 vi
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EXHIBIT "B"
COMPENSATION
I. Consultant shall use the following rates of pay in tbe performance of the Services:
A. Program Director $130
B. Prognun Managec $110
c. Program Coordinator $75
D. Pmeram Assistant $60
II. Tbe City wiU compensate Consultant for the Services performed upon submission of a
valid invoice. Eacb invoke is to include:
A. Line items as identified in the tables on the following pages of this Exhibit.
Ill. The total compensation for the Services shall not exceed $160,000, as provided in
Section 4 of this Agreement.
RIV jj4838~9S8·3880 ,.I
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"PA-Grt '2--\ or-~
Not-To-Exceed Lump SUm Proposal
C~ of Temple City
Funding Administration, Program Management & Labor Compliance services
Rosemead Blvd ............
• I
Phase : Pre-Construction (Duration 1-months) AVAN I
(I .\ R I) (
TASKS Totaleost
Bilng Ralr:
Fundmg AdftlininaaDn
1 Erwi IUIIIIBfiiBI Cillamlce 1$ 1,260
2 'Ridtof~~-. -,--3000 -··--·-· .$
31RIIaue5t ~ ~~~l:!lion ID ~.~'!l~~n ! s 4,991
. ---~ Faci~te ~~a~ P~1d Meeb~~ ·-s 503
51 On lhe Job Trainfng $ 1,000
el...eeti · AIIBndarEe & Adn-iristmtion $ 4000
I ~ ------· 710iled. CdrllllS Coordiration s 5.880
I Pn»a~a~niiiiiiMaement s 20:414
1 P.q.:t Man~emerrt_!?...!!J!POrt and Fund ng_ Al:tillllas $ 29700
s 29,700
I Prwailnt wage & DBE lloRIIDmgiCoalpllance
1 1
"" ofleDBE NDCIIt s 2000
PnHiid meeting del1iarE~B and c:oordlllllion ID dlscuu lldefal
18qW&ioatB, Bid Docwnert & C«*11c:t EvUatian tJr Fedelal
2 s 893
$ 3:469
Tclal&.: $ 51,006
RIV *41138·6958-3880 vi
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P~G-E. 2..'2-or-~
Phase: Durin_g:Construction jDuration: 18 months)
!ASKS TomlCom
____ IBIDi[19JiatL ______ ----________________ _
I I
I I _______ J~n,!ll_!!a_ ~'!!l[!ll!_~ti.?'l ____________________ L __________ _
_ _ _ _ _ _ _ '!..!~~mjH~I!.otA_~rd-________________ -------1 ~-------)~!lil
-------~~~~~~m~~----------------------~1-------1~~ ______ }..,~if!!b_!!~ep~n\._S0>£11i!'alsi1!!)_ _________________ ... s _______ ,,H,3jQ_
______ ~-J)_l!e_Et_f;~I!@T!_s 9_o_~rp)[l§l!!.DD ___ -------_ _ _ , S &.570
-------~-------------------------------~1-------~&~ I I
I I -------~~8~~~~~~~---------------------L------------______ ~_I~~ ~fi!!l!PL~ '!'d_F~ ~~!a! ___________ : j _______ 4_4~5.9
I ll. 44550 -------r-------------------------------r -------~--
• I
~ ___ rvaili~.!l.• ~BE Monltorin.a!fomp!!!!lc!._ ____ r-____ _
t--~_1 ~ ProJect OeftriUon arm Progiclm Oew!opmert ----t-1 334
1 IPre-Cor.tructlonMtg Attendarx:e & Coordlnallon1o discuss federal 1 r---_2,~.!~ ------------------------- -j-1----_3_rut
1-__ -~Clo!_11ll"!.r:l.~~~d!I'L1"Q.d~Q.n_of.P!YJ!c!. _________ fl-___ 7,060
---~~~~~~e~~~~-~~~~~~~~~~~t~-------L$ ______ ~Q_
I
...._ __ _ _______________ .$ ---~@.
To tals : $ 98,306
RIV 114838·69S8-3880 vi
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EXHIBIT "C"
INSURANCE
A . Insurance ReQuirements . Consultant shall provide and maintain insurance,
acceptable to the City Manager or City Counsel, in full force and effect throughout the term of
this Agreement, against claims for injuries to peiSOn.s or damages to property which may arise
from or in connection with the performance of the work hereunder by Consultant, its agents,
representatives or employees. lnsunnce is to be placed with insurers with a current A.M. Best's
rating of no less than A :VII. Consultant shall provide the following scope and limits of
insurance:
l. Minimum Scope of Insunmce. Coverage shall be at least as broad as:
(1) Insurance Services Office fonn Commercial General Liability
coverage (Occurrence Form CG 0001 ).
(2) Insurance Services Office form nwnber CA 0001 (Ed . 1/87)
covering Automobile Liability, including code 1 11 any auto11 and endorsement CA 0025, or
equivalent forms subject to the written approval of the C ity.
(3) Workers' Compensation insurance as required by the Labor Code
of State of California and Employer's Liability insurance and covering all pusons providing
services on behalf of the Consultant and all risks to such persons under this Agreement.
(4) Professional liability insurance appropriate to the Consultant's
profession. This coverage may be written on a ''claims made" basis, and must include coverage
for contractual liability. The professional liability insurance required by this Agreement must be
endorsed to be applicable to claims based upon, arising out of or related to services perfonned
under this Agreement. The insurance must be maintained for at least 3 consecutive years
following the completion of Consultant's services or the termination of this Agreement During
this additional 3-year period, Consultant shall annually and upon request of the City submit
written evidence of this continuous coverage.
2 . Minimum Limits of Insurance. Consultant shall maintain limits of
insurance no less than:
(1) General Uability: $1,000,000 general aggregate for bodily injwy,
personal injury and property damage.
(2) Automobile Uability: $1,000,000 per accident for bodily injwy
and property damage. A combined single limit policy with aggregate limits in an amount of not
less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth
above.
IUV lf48l8-69SI·.l880 vI
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(3) Workers' Compensation and Employets Liability: Workers'
Compensation as required by the Labor Code of the State of California and Employers Liability
limits of not less than $1,000,000 per accident.
(4} Professional Liability: $1,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the
following provisions:
1. All Policies. Each insurance policy required by this Agreement shall be
endorsed and state the covenlge shall not be suspended, voided, cancelled by the insurer or either
party to this Agreement. reduced in coverage or in limits except after 30 days' prior written notice
by Certified mail, return receipt requested, has been given to City.
2 . Qeneml Liability and Automobile Liability Coverages.
(1) City, and its respective elected and appointed officers, officials,
and employees and volunteers are to be covered as additional insureds as respects: liability
arising out of activities Consultant perfonns; products and completed operations of Consultant;
premises owned, occupied or used by Consultant ; or automobiles owned, leased, hired or
borrowed by Consultant The coverage shall contain no special limitations on the scope of
protection afforded to City, and their respective elected and appointed officers, officials, or
employees.
(2) Consultanfs insurance coverage shall be primary insurance with
respect to City, and its respective elected and appointed, its officers, officials, employees and
volunteers. Any insurance or self insurance maintained by City, and its respective elected and
appointed officers, officials, employees or volunteers, shaH apply in excess of, and not contribute
with, Consultant's insurance.
(3) Consultanfs insunmce shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(4) Any failure to comply with the reporting or other provisions of the
policies including breaches of warranties shall not affect covemge provided to City, and its
respective elected and appointed officers, officials, employees or volunteers.
3. Workers• Comoensation and Employer's Liability Coverage. Unless the
City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of
subrogation against City, and its respective elected and appointed officers, officials, employees
and agents for losses arising from work perfonned by Consultant.
RJV 114Bl8·69$1!·3880 vl
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'PAG--E= \ OF 2....
ROSEMEAD BOULEVARD SAFETY ENHANCEMENT and BEAUTIFICATION PROJECT
Budget Overview
iUi70 W. Temple Ave., t27B, Pomona, CA' 91768
Tote I Local & Sbrte Funds
Total Federal Fund&
TOTAL FIRM BUDGET
$ 13,973,571
$ 4,317,717
$ 18,291,288
Total Encumbrances (pre-con) to date $ (3,573,512)
$ 14,717,777
My2012
AVANT
c; 1\ R D 1
A
8
c
D
E
F
G
H
AT""T'""A-C. H-'N\ et0"\" c r C.....''
'PA-G-E: 2..... 0 F-2._
ROSEMEAD BOULEVARD SAFETY ENHANCEMENT and BEAUTIFICATION PROJECT
Fund
FEDOA1 FUNDS
STPL ·federal reimbursement funds distributed
annually per c:aplte
HPLU-federal reimbursement funds earmarked from
congressional legislation
HSIP • Hlghwav Safety Improvement Program, federal
reimbursement competitive grant
CMAQ-federal reimbursement funds secured through
LACMTA Call for ProJects
coUrfl'YFON_~_-_ ----·-
----····-·
Prop A· monthly receipts of County sales taxes for
transit functions
Prop C -monthlv receipts of Countv sales taxes for
transportation
Measure R -monthlv receipts of County sales tu
initiative for transit & transportation
-STAlE FUNDS
Prop 18 -State-generated bond funds distributed per
c:apita in two alloc:ations
Traffic Congestion Relief (TCR) funds· q uarterty receipts
Guaranteed Future Fiscal
relmbul3ement Year (FYI
Cash In the Bilnk funds 1 AI locatio !IS •
I ---
$ . $ 641,710 $ 366,103
$ -$ 719,920 s
$ -$ 340,000 $ .
$ -$ 2,249,984 s .
--
$ 1,500,000 $ -$ .
$ 4,070,210 $ . s 869,000
$ 483,700 $ . $ .
$ 1,131,010 $ -$ .
Potential
supplemental
funds,
$ -
s -
$ -
$ .
---
$ -
$ .
$ .
$ .
I
Total per Fund
I
$ 1,007,813
$ 719,920
$ 340,000
$ 2,249,984
--
$ 1,500,000
$ 4,939,210
$ 483,700
$ 1,131,010
I of State generated safes taxes on gasoflne a $ 400,000 $ . $ . $ . $ 400,000
J
K
l
M
N
RAC-Rubberized Asphalt Concrete, State
reimbursement competitive grant aWi!rded $ . $ 110,250 $ .
8TA-Bicycle Transportation; State reimbursement funds,
com petltive grant aWi!rded $ . $ 443,000 $ .
em~ I
Successor Asencv Funds $ 2,580,401 $ -$ -
lighting & lands~aplng Assessment District (LLD) •
funds locally generated by assessment $ 2,000,000 $ -$ .
General Fund Account: Payment from Caltrans (non·
restrictive) 1 $ 386,000 $ . s .
Total Funds $ 12,551,321 $ 4,504,864 $ 1,235,103
, No additional grant funds are being pursued at this tlrne
z Call for ProJects (CfP) funds
• Funds are encumben!d for the project; Expens~ must be paid In advance and submitted for ralmbursmenl
1 Ann11al or other per capita dlspersements based on proJections
1 Funds must be spent within two fiscal years per program
1 Funds are direct payment from Caltrans re: relinquishment; non-restrictive and deslsnated for specialty soft costs
3670 W. Temple Ave., #278, Pomona, CA 91768
$ .
$ -
$ .
$ -
s .
$ -
$ 110,250
$ 443,000
$ 2,580,401
$ 2,000,000
$ 386,000
$ 18,291,288
AVANT
C/\RDF: