HomeMy Public PortalAboutCRA3BCRA AGENDA
ITEM 3.13.
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: December 21, 2010
TO: Community Redevelopment Agency
FROM: Jose E. Pulido, Executive Director A\ ---
SUBJECT: FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH
VANIR CONSTRUCTION MANAGEMENT INC.
RECOMMENDATION:
It is recommended that the Community Redevelopment Agency (CRA) Board:
a) Approve the First Amendment (Attachment "A") to the CRA's Consultant Services
Agreement with Vanir Construction Management (Attachment "B") (Vanir) which
extends the term of this agreement by two months (i.e., from October 22, 2010 to
December 24, 2010) and increases the original agreement amount by $25,000
(i.e., from $125,000 to $150,000); and
b) Authorize the Executive Director to execute the First Amendment to the
Consultant Services Agreement with the Vanir.
BACKGROUND:
1. On April 6, 2010, the City Council created an Ad -Hoc Committee consisting of
Council members Vincent Yu and Carl Blum to work with staff on the redesign of
the Rosemead Boulevard Safety Enhancements and Beautification Project.
2. On April 16, 2010, the City Council Ad -Hoc Committee met with the Executive
Director to review and assess the status of this streetscape improvement project.
3. On May 7, 2010, the Executive Director issued a Request for Qualifications
(RFQ) for the Rosemead Boulevard Safety Enhancements and Beautification
Project Construction Management Services for which Vanir submitted a proposal.
4. On August 17, 2010, the CRA Board approved a Consultant Services Agreement
with Vanir for the program and construction management of the Rosemead
Boulevard Safety Enhancements and Beautification Project.
Community Redevelopment Agency
12/21/10
Page 2
5. On October 7, 2010, the Executive Director issued a Request for Qualifications /
Request for Proposals (RFQ/RFP) for the selection of the design team for the
Rosemead Boulevard Safety Enhancements and Beautification Project.
6. On October 8, 2010, the Executive Director issued Addendum No. 1 to the
Rosemead Boulevard Safety Enhancements and Beautification Project RFQ/RFP
to delete the 30 -page maximum on the proposal requirement.
7. On October 14, 2010, Vanir met with the Executive Director and the City's
consultant Avant -Garde, Inc., to discuss funding opportunities for the Rosemead
Boulevard Safety Enhancements and Beautification Project and to coordinate
information flow of technical data to support the grant applications. Vanir
continues to have involvement in exploring funding opportunities to maximize
upcoming funding possibilities.
8. On October 18, 2010, the Executive Director issued Addendum No. 2 to the
Rosemead Boulevard Safety Enhancements and Beautification Project RFQ/RFP
to respond to questions from design firms.
9. On October 19, 2010, the Executive Director issued Addendum No. 3 to the
Rosemead Boulevard Safety Enhancements and Beautification Project RFQ/RFP
to clarify some remaining questions from Addendum No. 2.
10. On October 21, 2010, Vanir met with the County of Los Angeles City Services
Representative to discuss project coordination issues with the Los Angeles
County, neighboring cities, and other municipal agencies. Vanir continues to
communicate on project coordination issues and to facilitate meetings between
Los Angeles County and Gruen Associates.
11. On October 25, 2010, the Executive Director issued Addendum No. 4 to the
Rosemead Boulevard Safety Enhancements and Beautification Project RFQ/RFP
to provide a five day time extension to the RFQ/RFP, which allowed interested
parties to submit their proposals by November 1, 2010.
12. On October 26, 2010, the Executive Director issued Addendum No. 5 to the
Rosemead Boulevard Safety Enhancements and Beautification Project RFQ/RFP
to further clarify items from Addendum No. 2.
13. On November 1, 2010, the City Clerk received 11 proposals in response to the
Rosemead Boulevard Safety Enhancements and Beautification Project RFQ/RF.
14. On November 5, 2010, the City Council Ad -Hoc Committee, Executive Director
and Vanir met to review and evaluate, based on the qualifications based
selection (QBS) criteria developed by Vanir, the 11 proposals received from
design firms in response to the RFQ/RFP.
15. On November 15, 2010, Vanir met with the County of Los Angeles Department of
Public Works Traffic Engineer to discuss and coordinate the traffic study being
done at the request of Los Angeles County Supervisor Michael Antonovich. Vanir
Community Redevelopment Agency
12/21/10
Page 3
has provided traffic data and collision reports to the County on behalf of Temple
City.
16. On November 19, 2010, the City Council Ad -Hoc Committee, Executive Director
and Vanir, interviewed the five selected firms that best met the objectives of the
RFQ/RFP and the QBS criteria. At the conclusion of the interviews, direction
was given to the Executive Director, by the Ad -Hoc Committee, to negotiate a
Consultant Services Agreement with Gruen.
17. On November 22, 2010, Vanir established contact with the regional manager of
special projects at Union Pacific Railroad and gained information necessary for
any redesign considerations for the railroad bridge at the southern boundary of
the project.
18. On November 30, 2010, the City Attorney reviewed the Draft Consultant Services
Agreement with Gruen, which was prepared by Vanir, and approved it with some
modifications.
19. On December 6, 2010, Vanir conducted a contract facilitation meeting at the
Gruen offices, where among other things, Gruen requested some changes to the
draft Consultant Services Agreement.
20. On December 9, 2010, the Executive Director and City Attorney negotiated the
Consultant Services Agreement terms with Gruen and both parties reached an
agreement.
21. On December 10, 2010, Gruen delivered one signed copy of the Consultant
Services Agreement to the Executive Director.
22. On December 13, 2010, Gruen delivered two additional signed copies of the
Consultant Services Agreement to the Executive Director.
ANALYSIS:
During the past five months, Vanir has been working hand in hand with the City Council
Ad -Hoc Committee and the Executive Director to prepare and issue a Request for
Qualifications (RFQ) / Request for Proposals (RFP) to retain the services of an urban
design firm for the Rosemead Boulevard Safety Enhancements and Beautification
Project. Vanir has also established contact and gained valuable project information
from other local agencies and municipalities that will help minimize and ease
coordination issues later in the project.
One of the major objectives of the CRA has been to capitalize on current opportunities
to focus as much investment as possible in the Rosemead Boulevard Redevelopment
Project Area (i.e., Broadway and Las Tunas Boulevard). As the project scope has
doubled from a $5 million to a $10 million street and pedestrian improvement project, so
has the time necessary for Vanir to prepare a very comprehensive RFP/RFQ process
which recently produced the urban design firm of Gruen.
Community Redevelopment Agency
12/21/10
Page 4
BUDGET IMPACT
An appropriation of $25,000 from the FY 2010/11 CRA Budget (Attachment "C") is being
requested to provide funding for the First Amendment to Vanir's Consultant Services
Agreement with the CRA.
CONCLUSION
Approval of the First Amendment to the Vanir Consultant Services Agreement with the
CRA will add two additional months to this agreement and provide Vanir with $25,000 to
cover their costs under this agreement.
ATTACHMENTS
A. First Amendment to the Consultant Services Agreement between the
Community Redevelopment Agency and Vanir Construction Management, Inc.
B. Consultant Services Agreement between the Community Redevelopment
Agency and Vanir Construction Management, Inc.
C. Fiscal Year 2010-11 CRA Budget.
Attachment "A"
to be provided under separate cover
Attachment "A"
to be provided under separate cover
ATTACHMENT "B"
CONSULTANT SERVICES AGREEMENT
By and Between
THE CITY OF TEMPLE CITY COMMUNITY
REDEVELOPMENT AGENCY
and
VANIR CONSTRUCTION MANAGMENT, INC.
LA m1614 -8315-183I s I
AGREEMENT FOR CONSULTANT SERVICES
13ETWEEN
'1'HIE CITY OF TEMPLE CITY, CALIFORNIA
AND
VANER CONSTRUCTION MANAGEMENT INC.
This Agreement for Consultant Services ("Agreement") is entered into as of this 17th day
of August, 2010 by and between the City of Temple City Community Redevelopment Agency
(-'CRA") and Vanir Construction Management Inc.. ("Consultant"). CRA and Consultant are
sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to
as the "Parties. -
RECITALS
A. CRA has sought a proposal for the performance of the services defined and
described particularly in Section 2 of this Agreement.
I3. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Section 2 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Temple City's Municipal Code, CRA has authority to
enter in[n this Consultant Services Agreement and the Executive Director has authority to
execute this Agreement.
D. -fhc Parties desire to formalize 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 performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW. 'I'] 1EREPORE, 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 scrviccs set forth in Exhibit "A" "Scope of Services" shall be completed pursuant to
the schedule specified in Exhibit "D.'" Should the scope of services not be completed pursuant to
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 ol'this Agreement and may instead allow Consultant to continue performing
the scope of scrviccs until such services arc complete. Notwithstanding the foregoing, if the
schedule is delayed for reasons beyond the reasonable control of Consultant, such delay shall not
be an event of default and Consultant may be entitled to additional compensation pursuant to
Section 22 of this Agreement.
t AMIXI1-8318.1831'.1
SECTION 2. SCOPE OF SERVICES.
Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services"
and made a part of this Agreement. Upon mutual execution of this Agreement, Consultant shall
be authorized to proceed with Phase 1 (Pre -Design Services) and Phase 2 (Design Phase
(Redesign)) as described in Exhibit "A."
SECTION 3. ADDITIONAL SERVICES.
Subject to Section 4(a) below, Consultant shall not be compensated for any services
rendered in connection with its performance of this Agreement which are in addition to or
outside of those set forth in this Agreement or listed in Exhibit "A" "Scope of Services," unless
such additional services are authorized in advance and in writing by the CRA Board or Executive
Director. Consultant shall be compensated for any such additional services in the amounts and in
the manner agreed to by the CRA Board or Executive Director.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, CRA agrees to pay
Consultant the amounts specified in Exhibit "B" "Compensation" and made a part of this
Agreement. The total compensation payable under this contract, including reimbursement for
actual expenses for Phase 1 (Pre -Design Services) and Phase 2 (Design Phase (Redesign)), shall
not exceed ONE HUNDRED AND TWENTY-FIVE THOUSAND dollars ($125,000), unless
additional compensation is approved in writing by the CRA Board or Executive Director. If the
$125,000 contract amount is not fully invoiced by Consultant in completing the Phase 1 (Pre -
Design) Services, the balance shall be applied to Consultant's Phase 2 (Design Phase (Redesign))
Services until exhausted, in which case Consultant shall not incur additional fees until an
increase in the authorized contract amount has been approved by the CRA Board or Executive
Director. For the balance of Consultant's Scope of Services set forth in Exhibit "A,"
Consultant's compensation shall be as mutually agreed upon by CRA and Consultant and shall
be approved by the CRA Board or Executive Director. In the event that this Agreement is
assigned from CRA to the City of Temple City ("City"), which assignment is expressly
permitted, Consultant's compensation shall be approved by the City Council or the City
Manager.
(b) Each month Consultant shall furnish to the CRA 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, travel, materials, equipment and supplies. CRA 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 CRA, the original invoice shall be
returned by CRA to Consultant for correction and resubmission.
I.A #4814-8318.1831 vP
(c) Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by CRA, CRA will use its best efforts to cause Consultant to be paid within
forty-five (45) days of receipt 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.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
CRA may inspect and accept or reject any of Consultant's work under this Agreement,
either during performance or when completed. CRA shall reject or finally accept Consultant's
work within thirty (30) days after submitted to CRA. CRA shall reject work by a timely written
explanation, otherwise Consultant's work shall be deemed to have been accepted. CRA'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 CRA 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.
SECTION 6. 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 CRA and may be used, reused or otherwise disposed of by CRA without the
permission of the Consultant. Upon completion, expiration or termination of this Agreement,
Consultant shall turn over to CRA all such original maps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that CRA 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 course of
providing any services pursuant to this Agreement, Consultant's guarantees and warrants 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.
SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or
relating to Consultant's performance of services pursuant 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 CRA 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 permit an accurate evaluation of the services provided by
Consultant pursuant to this Agreement. Any and all such documents or records shall be
maintained for three years from the date of execution of this Agreement and to the extent
required by laws relating to audits of public agencies and their expenditures.
LA #4814-83I8-1831 v]
-3-
(b) Any 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 CRA or its designated representative. Copies of such documents
or records shall be provided directly to the CRA 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 CRA has reason to believe that any of the documents or records required
to be maintained pursuant to this section may be lost or discarded due to dissolution or
termination of Consultant's business, CRA may, by written request, require that custody of such
documents or records be given to the CRA and that such documents and records be maintained
by the requesting party. Access to such documents and records shall be granted to CRA, as well
as to its successors -in -interest and authorized representatives.
SECTION S. STATUS OF CONSULTANT.
(a) Consultant is and shall at all times remain a wholly independent contractor and
not an officer, employee or agent of CRA. Consultant shall have no authority to bind CRA in
any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against
CRA, whether by contract or otherwise, unless such authority is expressly conferred under this
AGREEMENT or is otherwise expressly conferred in writing by CRA.
(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
CRA, nor any elected or appointed boards, officers, officials, employees or agents of CRA, 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 Consultant's officers, employees, or agents are in any manner
officials, officers, employees or agents of CRA; provided however, that Consultant shall be
serving as extension of staff and therefore, will be acting as the agent and representative of CRA
with respect to third parties in the course of performing services under this Agreement.
(F) 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
CRA's employees. Consultant expressly waives any claim Consultant may have to any such
rights.
(d) Nothing in this Agreement shall be construed to mean that Consultant assumes
any of the responsibilities or duties other than those set forth in Exhibit A, and Consultant
expressly disclaims any liability for defective design and/or construction means and methods. In
addition, there are no third party beneficiaries of this City -Consultant Agreement and no one
except the parties to this Agreement may seek to enforce its terms
SECTION 9. STANDARD OF PERFORMANCE.
Consultant represents and warrants 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
L.A A4SI4-6318-1631 vl
-4-
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 minimum, 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 CRA 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 course of
providing any services pursuant to this Agreement, Consuitant's guarantees and warranties
related to Standard of Performance shall not extend to such use of the maps, models, designs,
drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other
documents.
SECTION 10. 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 term of this
Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to
perform the services set forth in this Agreement. Neither CRA, nor any elected or appointed
boards, officers, officials, employees or agents of CRA, shall be liable, at law or in equity, as a
result of any failure of Consultant to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of CRA 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 rates pursuant to the California Labor Code or regulations
promulgated thereunder: Construction, alteration, demolition, installation, or repair work
performed 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
during the design and preconstruction phases of construction including, but not limited to,
inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of race,
color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or
marital status in connection with or related to the performance 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. §§ 1101, et seg., 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 CRA for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse CRA for the cost of all such
LA 114814.8318-1831 vI
-5-
liabilities or sanctions imposed, together with any and all costs, including attorneys' fees,
incurred by CRA.
SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, 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 Executive Director. Consultant agrees
to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the
interests of CRA in the performance of this Agreement.
(b) CRA understands and acknowledges that Consultant is, as of the date of execution
of this Agreement, independently involved in the performance of non -related services for other
governmental agencies and private parties. Consultant is unaware of any stated position of CRA
relative to such projects. Any future position of CRA on such projects shall not be considered a
conflict of interest for purposes of this section.
(c) CRA understands and acknowledges that Consultant will, perform non -related
services for other govemmental agencies and private parties following the completion of the
scope of work under this Agreement. Any such future service shall not be considered a conflict
of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All 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
information or work product to persons or entities other than CRA without prior written
authorization from the Executive Director, except as may be required by law.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without
prior written authorization from the Executive Director or unless requested by the CRA Counsel,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other infonnation concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered "voluntary" provided Consultant
gives CRA 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 CRA 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 CRA should Consultant , its officers, employees,
agents or subcontractors 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
LA#48I4-8316-IA31 v1
-6-
performed thereunder. CRA 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 CRA and to provide CRA 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 CRA to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. 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 CRA 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 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. For purposes of this Section, the term "agents" does not include any design
professionals, inspectors or contractors whose performance may be overseen by Consultant.
(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 hold harmless CRA, 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 -contractors of Consultant. For purposes of this
Section, the term "agents" does not include any design professionals, inspectors or contractors
whose perforniance may be overseen by 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 -contractor 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 CRA to monitor compliance with these
requirements imposes no additional obligations on CRA and will in no way act as a waiver of
any rights hereunder. This obligation to indemnify and defend CRA 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
CRA 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
LA N4N14-8318-1131 vl
-7-
negligence, recklessness, or willful misconduct of the design professional. The term "design
professional," as defined in Section 2782.8, is limited to licensed architects, 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
CRA's sole negligence. The provisions of this section shall not release CRA from liability
arising from gross negligence or willful acts or omissions of CRA or any and all of its officials,
employees and agents. •
(f) CRA may at its option cause any or all contractors whose work is overseen by
Consultant under the Scope of Services to defend, indemnify, and hold harmless both CRA and
Consultant 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, their performance of the work being
overseen by Consultant.
SECTION 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this
Agreement. All insurance policies shall be subject to approval by CRA as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the
Executive Director. Consultant agrees to provide CRA 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 this Agreement. In
recognition of that interest, 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 CRA. Any attempted assignment shall be
ineffective, null and void, and shall constitute a material breach of this Agreement entitling CRA
to any and all remedies at law or in equity, including summary termination of this Agreement.
CRA acknowledges, however, that Consultant, in the perforniance 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.
LA H4814-8318-1831 v1
-8-
SECTION 20. TERMINATION OF AGREEMENT.
(a) CRA 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 of termination to CRA.
(c) If either Consultant or CRA fail to perform any material obligation under this
Agreement, then, in addition to any other remedies, either Consultant, or CRA may terminate
this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or CRA, all property
belonging exclusively to CRA which is in Consultant's possession shall be returned to CRA.
Consultant shall furnish to City a final 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.
SECTION 21. DEFAULT.
In the event that Consultant is in default under the terms of this Agreement, the CRA
shall not have any obligation or duty to continue compensating Consultant for any work
performed after the date of default. Instead, the CRA may give notice to Consultant of the
default and the reasons for the default. The notice shall include the tirneframe in which
Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be
extended, though not reduced, if circumstances warrant, During the period of time that
Consultant is in default, the CRA shall hold all invoices and shall, when the default is cured,
proceed with payment on the invoices. In the alternative, the CRA 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 CRA may take necessary steps to terminate this Agreement under
Section 20. Any failure on the part of the CRA to give notice of the Consultant's default shall
not be deemed to result in a waiver of the CRA's legal rights or any rights arising out of any
provision of this Agreement.
SECTION 22. 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 CRA, 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 clue to such causes.
SECTION 23. COOPERATION BY CRA.
All public information, data, reports, records, and maps as are existing and available to
CRA as public records, and which are necessary for carrying out the work as outlined in the
I.A M4814 -8318-I s31 vI
-9-
Exhibit "A" "Scope of Services," shall be furnished to Consultant in every reasonable way to
facilitate, without undue delay, the work to be performed under this Agreement.
SECTION 24. 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 Community Redevelopment Agency
Attn: Jose Pulido, Executive Director
9701 Las Tunas Drive
Temple City, CA 91780
Vanir Construction Management Inc.
Attn: Mansour M. Aliabdi, President
4540 Duckhorn Drive, Suite 300
Sacramento, CA 95834
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.
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and
warrants that he/she/they has/have the authority to so execute this Agreement and to bind
Consultant to the performance of its obligations hereunder.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
SECTION 27. 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 CRA Board. The parties agree that this requirement
for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER,
Waiver by any party to this Agreement of any tern, 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
LAa4&I4-&316-1631 vl
-10-
Agreement. Acceptance by CRA of any work or services by Consultant shall not constitute a
waiver of any of the provisions of this Agreement.
SECTION 29. 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.
SECTION 30. ATTORNEYS FEES, COSTS AND EXPEN SES.
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.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "D", is the entire,
complete, final and exclusive expression of the parties with respect to the matters addressed
therein and supersedes all other Agreements or understandings, whether oral or written, or
entered into between Consultant and CRA prior to the execution of this Agreement. No
statements, representations or other Agreements, whether oral or written, made by any party
which are not embodied herein shall be valid and binding. No amendment to this Agreement
shall be valid and binding unless in writing duly executed by the parties or their authorized
representatives.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any
court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of
this Agreement shall not be affected thereby and the Agreement shall be read and construed
without the invalid, void or unenforceable provision(s).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first -above written.
CITY OF TEMPLE CITY
COMMUNITY REDEVELOPMENT
AGENCY
By:
Jose
1.M$4814-8316-1831 vl
Executive Director
ATTEST:
}"ria s Z.
Mary F1atcick
Secretary
APPROVED AS TO FORM
En'c Va�
Agency Counsel
VANIR CO
By:
Mansour M. AliabCdi
ENT, INC. VANIR CONSTRUCTION MANAGEMENT, INC.
Rs: President/CEO
By: an r Leon
e ande V. Leon
Its: CFO/Sr. Vice President
NOTE: 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.
- 12 -
LAf14814-8318-1831 r•1
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of SACRAMENTO )
On (2I(rye , Jc/O before me, Gloria Casas, Notary Public , personally appeared
I/ ,/;-g/ll 7767 7 ` /aw ni.0 ( 2 C. , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
GLORIA CASAS=
Cortuniulon / 1833083
� Public - CdHornia
Sccaumnto County
M comm. Ex.lres Jan 25, 2413
t
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On before me, , personally appeared
❑ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose
names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(SIGNATURE OF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
O 1N DIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARD 1AN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(1ES))
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE
I,A #4814-8316-1831 v
EXHIBIT "A"
SCOPE OF SERVICES
Background
The Rosemead Boulevard Safety Enhancements and Beautification Project is moving closer to
reality in Temple City. Preliminary construction plans for this S6 million transportation
enhancement project that encompasses the entire boulevard from City limit to City limit have
been prepared, and the City through an urban street design firm is in the process of adding more
design enhancements, which will include more pedestrian friendly lighting amenities, greater
tree canopy on the street, more monument features, and new mid -block cross walks.
1. Consultant Work Program:
The purpose of the work program will be to allow the Agency to assess the benefits of
redesigning and upgrading the initial street improvements proposed for Rosemead Boulevard
which are located in a redevelopment project area with a more pedestrian friendly streetscape
and eco-friendly project. This initial scope of work will include the following six phases:
> Phase I: Pre -Design;
> Phase 2: Design Phase (Re -design);
➢ Phase 3: Bid and Project Award
D Phase 4: Construction;
» Phase 5: Post Construction; and
> Phase 6: Additional Services
Specifically, the scope of work over the six phases noted above will include enhancements to the
following project features:
• Sidewalks;
• Curb ramps;
• Transit stops;
• Rest areas;
• Tree planting;
• Median islands;
• Street lighting;
• Crosswalks;
• Accent nodes;
• City entry and exit signs;
• Traffic signals,
• Traffic sign posts; and
667£ vi
LA 64814-8318-1831 vl
A-1
• Business signs and billboards.
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the CRA:
CONSTRUCTION MANAGER'S BASIC SERVICES
The Consultant ("CM") shall provide project/construction management and support services as a
member of the City's Project Delivery Team (PDT), as augmentation to City staff the details of
which services are subject to change based on the needs of the project and direction from the PDT.
All references to Owner below shall be a reference to the CRA or City, as applicable. All
professional services will be provided on an as -needed basis, and may include, but not be limited to,
the following:
The CM may perform the basic services described below. It is not required that the basic services
be performed in the sequence in which they are described below.
6876 vl
Pre -Design Phase
Project Management
Confirm Master Plan: The CM will confirm the existing condition cited in the City's
2006 Master Plan, and report to the City on difference, if any. The report will
submitted to the City as a Guideline to enhance understanding of the project issues
and may be used in the selection of the design professional.
1.1.2 Design Professional Selection: The CM may assist the Owner in the selection of a
Design Professional by developing lists of potential firms, developing criteria for
selection, preparing and transmitting the requests for Statements of Qualifications or
proposals, assisting in reviewing such written statements or proposals, assisting in
conducting interviews, evaluating candidates and making recommendations for final
selection.
1.1.3 Design Professional Contract Preparation: The CM may assist the Owner in
preparation and review of the Agreement between the Owner and Design
Professional. The CM will not provide legal advice regarding the design professional
contract and any legal counsel retained to review the design professional contract
may be retained by the Owner, paid by the Owner and responsible to the Owner.
LA N4814-8316-Ia31 vI
A-2
1.1.4 Design Professional Contract Negotiations: The CM may assist the Owner in
negotiating the contract between the Owner and Design Professional.
1.1.5 Design Professional Orientation: The CM may conduct, or assist the Owner in
conducting, a Design Professional orientation session during which the Design
Professional may receive information regarding Project, schedule, costs,
administrative and other project parameters and requirements.
1.2 Time Management:
1.2.1 Master Schedule: The CM may prepare a Master Schedule for each component of
the Project. The Master Schedule may specify the proposed start and finish dates for
design(s), bid and award activities, each construction contract, and the dates by
which certain project activities must be complete. The CM will submit the Master
Schedule to the Owner for review and acceptance.
1.2.2 Design Phase Milestone Schedule: After the Owner accepts the Master Schedule the
CM may prepare the Milestone Schedule for the Design Phase. The Design Phase
Milestone Schedule may be used in requests for proposals and the Contract for the
Design Profession[, and may be a method for judging progress during the Design
Phase.
1.3 Cost Management
1.3.1 Project and Construction Budget: The CM may prepare a Project and Construction
Budget based on information provided by the Owner on the work required for the
Project, and information developed by the CM as required by this contract. The CM
may review the budget with the Owner and Design Professional and the CM will
submit the Project and Construction Budget to the Owner for review and acceptance.
The Project and Construction Budget may be revised as directed by the Owner.
1.3.2 Cost Model: The CM may establish a cost model that breaks the budget into its
component parts by systems, CSI division areas or combinations thereof in
consultation with the Owner and Design Professional. The cost models will be
reviewed and updated at each design submittal stage.
1.3.3 Cost Analysis: The CM may analyze and report to the Owner and the Design
Professional the cost of various design and construction alternatives. As a part of the
cost analysis, the CM may consider costs related to efficiency, usable life,
maintenance, energy and operation.
6876 vi
LA #48I4-8318-1831 vI
A-3
1.4 Management Information System (MIS)
1.4.1 Establishing the Proiect MIS: The CM may develop a MIS to assist in establishing
communications between the Owner, CM, Design Professional, Contractor and
other parties on the Project. In developing the MIS, the CM shall interview the
Owner's key personnel and others in order to determine the type of information to be
managed and reported, the reporting format, the desired frequency for distribution of
the various reports, the degree of accessibility by potential users, and the security
protocol for the system.
1.4.2 Design Phase Procedures: The CM may prepare procedures for reporting,
communications and administration during the Design Phase, for approval by
Owner.
6B16 vl
Design Phase
Project Management
Design Kick -Off Meeting: At the start of the Design Phase, the CM may conduct a
Project Conference attended by the Design Professional, the Owner and others.
During the meeting, the CM shall review the Scope of the Project, the Master Plan,
the Master Schedule, the proposed Design Phase Milestone Schedule, the Project
and Construction Budget and the MIS.
2.1.2 Design Phase Information: The CM shall monitor the Design Professional's
compliance with the Design Schedule, and Design Phase Procedures; and the CM
shall coordinate and expedite the flow of information between the Owner, Design
Professional and others.
2.1.3 Project Meetings: The CM may conduct periodic Project meetings attended by the
Owner, Design Professional and others. Such meetings shall serve as a forum for the
exchange of information concerning the Project and review of design progress. The
CM shall prepare and distribute minutes of these meetings to the Owner, Design
Professional and others, as agreed to by the Owner.
2.1.4 Review of Design Documents & Design Recommendations: The CM may review
the design documents for clarity, consistency, constructability and coordination. The
results of the review shall be provided in writing and as notations on the documents
to the Owner. The CM may also make recommendations to the Owner with respect
to constructability, construction cost sequence of construction, construction duration,
and separation of the contracts for various projects into categories of the work.
However, the CM is not responsible for providing, nor does the CM control, the
LA k48I4-8318-I 831 vI
A-4
Project design, or the contents of the design documents. By performing the reviews
described herein, the CM is not acting in a manner so as to assume responsibility or
liability, in whole or in part, for all or any part of the Project design and design
documents. The CM's actions in reviewing the Project design and design documents
and in making recommendations as provided herein are advisory only to the Owner.
The Architect is not a third party beneficiary of the CM's work described in this
paragraph and the Architect remains solely responsible for the contents of design
drawings and design documents.
2.1.5 Owner's Design Reviews: The CM may expedite the Owner's design reviews by
compiling and conveying the Owner's comments to the Design Professional.
2.1.6 Approvals by Regulatory Agencies: The CM may coordinate transmittal of
documents to regulatory agencies for review and shall advise the Owner of potential
problems in completion of such reviews.
2.1.7 General Conditions: The CM may assist the Owner in the preparation of the General
Conditions and other front-end documents for the Construction Contracts.
2.1.8 Project Funding: The CM may assist the Owner in preparing documents concerning
the Project and Construction Budget for use in obtaining or reporting on project
funding. The documents shall be prepared in a form approved by the Owner.
2.2 Time Management
2.2.1 Revisions to Master Schedule: While performing the services provided in
paragraphs 3.I.1 and as necessary throughout the Design Phase, the CM inay
recommend revisions to the Master Schedule.
2.2.2 Monitoring the Design Phase Milestone Schedule: While performing the services
provided in paragraph 3.I.2 and 3.1.3, the CM may monitor compliance with the
Design Phase Milestone Schedule. The CM may make recommendations to the
Owner if progress is not in compliance with the schedule.
2.3 Cost Management Task
2.3.1 Project and Construction Budget Revision: The CM shall make recommendations to
the Owner on the impact of design changes that may result in revisions to the Project
and Construction Budget project schedule and established project strategy.
2.3.2 Cost Control and Estimating: The CM will prepare an estimate of the construction
cost for each submittal of design drawings and specifications from the Design
Professional. The estimate for each submittal may be accompanied by a report to the
687E vi
LA i 1SI4-8318.1831 vl
A-5
Owner and Design Professional identifying variances from the Project and
Construction Budget. The CM shall coordinate and assist in expediting the activities
of the Owner and Design Professional when changes to the design are required to
remain within the Project and Construction Budget.
2.3.3 Value Analysis Studies: The CM may provide value analysis studies on major
construction components as directed by the Owner. The results of these studies shall
be in report form and will be distributed to the Owner and Design Professional.
2.4 Management Information Systems (MISS
2.4.1 Schedule Reports: in conjunction with the services provided by paragraph 3.2.1, the
CM may prepare and distribute Schedule Update Reports that will compare actual
progress with scheduled progress for the Design Phase and the overall Project.
2.4.2 Proiect Cost Reports: The CM may prepare and distribute Project Cost Reports that
will indicate estimated costs compared to the Project and Construction Budget.
2.4.3 Cash Flow Report: The CM may periodically prepare and distribute a Cash Flow
Report for the Owner.
2.4.4 Design Phase Change Order Report: The CM may prepare and distribute Design
Phase Change Order Reports that list all Owner -approved change orders as of the
date of the report and may state the effect of the change orders on the Project and
Construction Budget and the Master Schedule.
68Th vl
Bid and Award Phase
Proiect Management
Pre -Qualifying Bidders: The CM may assist the Owner in developing lists of
possible bidders and in pre -qualifying bidders if prequalification is permitted by the
Owner. This service shall include the following: preparation and distribution of
prequalification questionnaires; receiving and analyzing completed questionnaires;
interviewing possible bidders, bonding agents and financial institutions; and
preparing recommendations for the Owner. The CM may prepare a bidders list for
each bid package for approval by Owner.
3.1.2 Bidders Interest Campaign: The CM may conduct a'telephonic and correspondence
campaign to attempt to increase interest among qualified bidders.
LA #4814-8318.1831 vl
A-6
3.1.3 Notices and Advertisements: The CM shall assist the Owner in preparing and
placing notices and advertisements to soliciebids for the Project.
3.1.4 Delivery of Bid Documents: The CM may coordinate the delivery of Bid
Documents to the bidders. The Owner may obtain the Owner -approved contract
documents from the Design Professional and the CM may arrange for printing,
binding, wrapping, and delivery to the bidders. The CM will maintain a list of
bidders receiving Bid Documents.
3.1.5 Pre -Bid Conferences: In conjunction with the Owner and Design Professional, the
CM will conduct Pre -Bid Conferences. These conferences shall be forums for the
Owner, CM, and Design Professional to explain the Project requirements to the
bidders, including infomiation conceming schedule requirements, time and cost
control requirements, access requirements, the Owner's administrative requirements,
technical, and other information.
3.1.6 Information to Bidders: The CM shall develop and coordinate procedures to provide
answers to bidder's questions.
3.1.7 Addenda: The CM shall receive from the Design Professional a copy of all
Addenda. The CM shall review Addenda for clarity, consistency, and coordination
among the bidders. The CM shall distribute a copy of all Addenda to each bidder
receiving documents. By performing the reviews and distributions described herein,
the CM is not acting in a manner so as to assume responsibility or liability, in whole
or in part, for all or any part of the Project design contents or the design documents.
3.1.8 Bid Opening and Reconunendations: The CM may assist the Owner in conducting
the bid opening and shall evaluate the bids for responsiveness and price. The CM
shall make recommendations to the Owner concerning the acceptance or rejection of
bids.
3.1.9 Post -bid Conference: The CM may conduct a Post -bid Conference with the low
bidder to review contract award procedures, schedules, project staffing, and other
pertinent issues.
3.1.10 Construction Contracts: The CM may assist the Owner in the assembly, delivery,
and execution of the Contract Documents. The CM may issue to the Contractors the
Notice of Award and the Notice to Proceed provided by the Owner.
3.1.11 Pre -Construction Conference: In consultation with the Owner and Design
Professional, the CM shall conduct a Pre -Construction Conference during which the
68'76 vl
LA #4814-8318-1831 v1
A-7
CM shall review the Project organization, communication protocols, security,
responsibilities and other general project procedures.
3.1.12 Permits, Insurance and Labor Affidavits: The CM shall assist the Owner in
verifying that the Contractor has secured the building permits, bonds, insurance,
labor affidavits and waivers as required by the Contract Documents. Such action by
the CM shall not relieve the Contractor or the Owner of their responsibilities to
comply with the provisions of the Contract Documents.
3.2 Time Management: The CM shall monitor compliance with the Master Schedule
and recommend revisions to the Owner as appropriate.
3.3 Cost Management
3.3.1 Estimates for Addenda: The CM may prepare an estimate of costs for all Addenda
and shall submit the estimate to the Owner for approval. Project and construction
budgets shall be adjusted as directed by the Owner.
3.3.2 Analyzing Bids: Upon receipt of the bids, the CM shall evaluate the bids, including
alternate prices and unit prices, and shall make a recommendation to the Owner
concerning the award of each construction contract.
3.4 Management Information System (MIS)
3.4.1 Schedule Maintenance Reports: The CM may prepare and distribute Schedule
Update Reports during the Bid and Award Phase. The Reports may compare the
actual bid and award dates to scheduled bid and award dates and may summarize the
anticipated impact of current schedule modifications on the Master Schedule.
3.4.2 Project Cost Reports: The CM may prepare and distribute Project Cost Reports
during the Bid and Award Phase. The Reports may specify actual award prices and
construction costs for the Project compared to the Project and Construction Budgets.
3.4.3 Cash Flow Reports: The CM may prepare and distribute Cash Flow Reports during
the Bid and Award Phase. The Reports will be based on actual award prices and
construction costs for the Project and the Reports will specify actual cash flow
compared to projected cash flow.
3.4.4 Construction Phase Procedures: The CM may prepare procedures for reporting,
communications, and administration during the Construction Phase for approval by
Owner.
6E76 vl
I.A #48Ia•8318-1831 v1
A-8
6876 vi
Construction Phase
Project Management
On -Site Management and Construction Phase Conununication Procedures: The CM
shall provide and maintain a management team on the Project site to provide
contract administration as an agent of the Owner and to establish and implement
coordination and communication procedures among the CM, Owner, Design
Professional, and Contractors.
4.1.2 Construction Administration Procedures: The CM shall establish and implement
procedures for expediting and processing requests for information, shop drawings,
material and equipment sample submittals, contract schedule adjustments, change
orders, substitutes and payment requests and the maintenance of Logs for tracking
all relevant information related to the above. The CM may maintain daily job
reports. As the Owner's agent and representative at the construction site, if provided
for in the Construction Phase Procedures approved by the Owner, the CM may be
the party to whom requests for information, submittals, Contractor schedule
adjustments, substitutes, change order requests and payment applications may be
submitted.
4.1.3 Project Site Meetings: Periodically the CM may conduct coordination meetings at
the Project site with each Contractor, the Owner, and the Design Professional, (if
provided for in the Agreement between the Owner and the Design Professional).
The CM will record, transcribe, and distribute minutes to all attendees, the Owner
and Design Professional.
4.1.4 Coordination of Other Independent Consultants: Technical inspection and testing
provided by the Design Professional or others may be coordinated by the CM. The
CM shall be provided a copy of all inspection and testing reports on the day of the
inspection or test or within a reasonable time period. The CM is not responsible for
providing, nor does the CM control, the actual perfornYance of technical inspection
and testing, The CM is performing a coordination function and is not acting in a
manner so as to assume responsibility or liability, in whole or in part, for any part of
such inspection and testing.
4.1.5 Review of Requests for Changes to the Contract Time and Price: The CM may
review the contents of requests for changes to the contract time or price submitted by
a Contractor, assemble information concerning the request, and endeavor to
determine the cause of the requests and make recommendations to the Owner with
respect to acceptance of the requests. The CM will implement the Owner's decisions
LA N4814-6318-1631 vl
A-9
regarding all requests for changes. All changes to the Agreement between the Owner
and Contractor shall be only by change orders executed by the Owner.
4.1.6 Record Drawings, Operation, and Maintenance Materials: As required by the
Contract Documents, the CM may receive from the Contractor As -Built record
drawings, operation and maintenance manuals, warranties and guarantees for
materials and equipment installed on the Project, and review such documents for
completeness and submit documents to the Owner.
4.1.7 Substantial Completion: In consultation with the Design Professional and Owner's
inspectors (when applicable), the CM shall review the contractor's request for
substantial completion and final completion and recommend to the Owner when the
Project and the Contractor's Work has achieved substantial and final completion.
The CM ,will prior to issuing a Certificate of Substantial Completion, compile a list
of incomplete work which does not confoml to the Contract Documents based on
input from the Design Professional and Owner's inspectors (when applicable). This
list may be attached to the Certificate of Substantial Completion. The CM will issue
the Certificate of Substantial Completion and Certification of Final Completion to
the Contractor.
4.1.8 Final Payment: In consultation with the Design Professional and Owner's inspector
(when applicable), the CM will provide to the Owner a written recommendation
regarding final payment to the Contractor.
4.1.9 Public Outreach: In consultation with the Project Delivery Team, the CM may
develop a public outreach program designed to inform residents, businesses and
citizens of imminent construction affecting access to their properties.
4.2 Time•Management
4.2.1 Master Schedule: The CM may adjust and update the Master Schedule and distribute
copies to the Owner and Design Professional. Recommendations for such
adjustments to the Master Schedule may be made to the Owner, and upon Owner's
approval shall be incorporated by the CM.
4.2.2 Contractor's Construction Schedule: The CM shall review each Contractor's
Construction Schedule and will verify that the schedule is prepared in accordance
with the requirements of the Contract Documents and that it establishes completion
dates that comply with the requirements f the Contract Documents. If changes in the
Master Schedule maintained by the CM are appropriate, the CM shall make such
modifications as approved by the Owner.
E876 vl
LA N4814•S3I8-1831 vi
A-10
4.2.3 Construction Schedule Reports: The CM shall, on a monthly basis, review the
progress of construction of each Contractor, shall evaluate the percentage complete
of each construction activity as indicated in the Contractor's Construction Schedule
and may review such percentages with the Contractor. This evaluation may serve as
data for input to the periodic Construction Schedule Report that may be prepared
and distributed to the Owner. The Report shall indicate the actual progress compared
to scheduled progress and shall serve as the basis for the progress payments to the
Contractor. The CM shall advise and make recommendations to the Owner
concerning the alternative courses of action that the Owner may take in its efforts to
achieve contract compliance by the Contractor.
4.2.4 The CM Review of Time Extension Requests: Prior to the issuance of change
orders, the CM shall advise the Owner as to the effect on the Master Schedule of
time extensions requested by the Contractor.
4.2.5 Recovery Schedules: The CM shall review the recovery schedule submitted by the
Contractor for compliance with the Contract Documents.
4.3 Cost Management
4.3.1 Allocation of Cost to the Contractor's Construction Schedule: if it is required by the
construction contract documents, the Contractor's Construction Schedule will have
the total contract price allocated among the Contractor's scheduled activities so that
each of the Contractor's activities may be allocated a price and the sure of the prices
of the activities all equal the total contract price. The CM shall review the contract
price allocations and verify that such allocations are made in accordance with the
requirements of the Contract Documents. Progress payments to the Contractor will
be based on the Contractor's percentage of completion of the scheduled activities as
set out in the Construction Schedule Reports and the Contractor's compliance in
accordance with the Contract Documents.
4.3.2 Change Order Control: The CM shall establish and implement a change order
control system. All proposed change orders may first be described in detail by the
CM, with the assistance of the Design Professional when necessary, in a request for
a proposal to the Contractor, and may be accompanied by technical drawings and
specifications prepared by the Design Professional. In response to the request for a
proposal, the Contractor shall submit to the CM for evaluation detailed information
concerning the cost and time adjustments, if any, as may be necessary to perform the
proposed change work order. The CM will discuss the proposed change order with
the Contractor and endeavor to determine the Contractor's basis of the cost and time
impacts of performing the work. The CM shall make recommendations to the Owner
of whether the CM believes the change in the work is in the best interest of the
697E vl
LAII4814.8318-1831 vl
A-11
project, prior to the Owner's execution of change orders. The CM will verify that
change order work and adjustments of time, if any, required by approved change
orders have been incorporated into the Contractor's Construction Schedule.
4.3.3 Cost Records: In instances when a lump sum or unit price is not determined prior to
performing work described in a request for a proposal as provided in paragraph
5.3.2, the CM may request from the Contractor records of the cost of payroll,
materials and equipment and the amount of payments to subcontractor's incurred by
the Contractor in performing the work.
4.3.4 Progress Payments: In consultation with the Design Professional, the CM shall
review the payment applications submitted by each Contractor and determine
whether the amount requested reflects the progress of the Contractor's work. The
CM may make appropriate adjustments to each payment application and shall
prepare and forward to the Owner a Progress Payment Report. The Report shall state
the total contract price, payments to date, current payment requested, retainage and
actual amounts owed for the current period. Included in this report may be a
Certificate of Payment that may be signed by the CM and delivered to the Owner.
4.4 Management Information System (MIS)
4.4.1 Schedule Update Reports: The CM shall prepare and distribute Schedule Update
Reports during the Construction Phase. The Reports may compare the actual
construction dates to scheduled construction dates of each separate contract,
milestone dates (if any), and to the Master Schedule for the Project.
4.4.2 Project Cost Reports: The CM shall prepare and distribute Project Cost Reports
during the Construction Phase. The Reports shall specify actual Project and
construction costs compared to the Owner -approved Project and Construction
Budget.
4.4.3 Project and Construction Budget Revision: The CM shall make recommendations to
the Owner on the impact of construction changes that may result in revision to the
Project and Construction Budget.
4.4.4 Cash Flow Reports: The CM may periodically prepare and distribute Cash Plow
Reports during the Construction Phase. The Reports may specify actual cash flow as
compared to projected cash flow.
4,4.5 Progress Payment Reports: The CM shall prepare and distribute the Progress
Payment Reports to the Owner. The Reports may state the total construction contract
price, payment to date, current payment requested, retainage, and actual amounts
6676 v1
LA #4814-8318-1831 vl
A-12
owed this period. A portion of this Report may be a Certificate of Payment that may
be signed by the CM, and delivered to the Owner for use by the Owner in making
payments to the Contractor.
4.4,6 Change Order Reports: The CM may periodically prepare and distribute Change
Order Reports during the Construction Phase. The Report may list all Owner -
approved change orders by number, a brief description of the change order Work,
the cost established in the change order time impacts, if any, and percent of
completion of the change order work.
4.4.7 Contractor's Safety Program Report: The CM may verify that safety programs are
submitted to the Owner by each contractor, as required by their Contract
Documents. The CM shall not be responsible for or have any liability in whole or in
part for Contractor implementation of or compliance with Contractor safety
programs and safety laws, regulations, etc., nor shall the CM be responsible for the
adequacy, or completeness, of Contractor Safety Programs or the Contractor's
compliance and performance thereof. The CM has no responsibility for review of
safety programs.
5 Post -Construction Phase
5.1 Project Management
5.1. ] Record Documents: The CM will coordinate and expedite submittals of information
from the Contractors for as -built record drawings and specification preparation and
will coordinate and expedite the transmittal of Record Documents to the Owner.
5.1.2 Organize and index Operation Maintenance Materials: Prior to the Final Completion
of the Project, the CM will compile manufacturers' operations and maintenance
manuals, warranties and guarantees as received from the Contractors, and submit
such documents to the Owner.
5.1.3 Occupancy Permits: The CM will assist the Owner in obtaining an Occupancy
Permit by accompanying governmental officials during inspections of the Project,
preparing and submitting documentation to governmental agencies and coordinating
final testing and other activities.
5.2 Cost Management
5.2.1 Change Orders: The CM shall continue to provide services related to change orders
as specified in paragraph 5.3.2 during the Post -Construction Phase.
5.3 Management Information Systems (MIS)
687E vl
LA#4814-8318-1831 vI
A-13
5.3.1 Close-out Reports: At the conclusion of the Project, the CM will prepare final
Project Cost and close-out reports.
6 Additional Services
6.1 At the request of the Owner, the CM may perform Additional Services and the CM
shall be compensated for same as provided in Section 3 of this Agreement. The CM
shall perform Additional Services only after the Owner and CM have executed a
written Amendment to this Agreement providing such services. Additional services
may include:
6.1.1 Contract Labor Compliance: The CM will assist the owner with the required labor
compliance report and, as necessary; the CM will interview and recommend a Labor
Compliance consultant to the owner for the required services.
687E vl
6.].2 Services related to the procurement, storage, maintenance, and installation of the
Owner -furnished equipment, materials, supplies and furnishings;
6.1.3 Services related to determination of space needs;
6.14 Services related to obtaining or receiving funding from federal, state or other sources
6.1.5 Services related to tenant or rental spaces;
Preparation of financial, accounting or MIS reports not provided under Basic
6.1.6
Services;
6.1.7 Performance of technical inspection and testing;
6.1.8 Preparation of an Operations and Maintenance Manual;
6.1.9 Services related to recruiting and training of maintenance personnel;
6.1.10 Services related to claims analysis;
6.1.11 Performing warranty inspections during the warranty period of the Project;
6.1.12 Consultation regarding replacement of Work damaged by fire or other cause during
construction and furnishing services in connection with the replacement of such
work;
LA #4814431E -M1 rI
A-14
6.1.13 Services made necessary by the default of the Contractor;
6.1.14 Preparation for and serving as a witness in connection with any public or private
hearing or arbitration, mediation or legal proceeding;
6.1.15 Services related to move -in including preparing and soliciting responses to requests
for proposals, preparing and coordinating the execution of contracts, preparing
Occupancy Schedule, conducting pre -moving conferences, administering the
contract for moving activities in conjunction with move -in for the Project and
providing on -site personnel to oversee the relocation of furniture and equipment by
the movers while actual move -in is in progress.
6.1.16 Ouality Review: The CM may establish and implement a program to monitor the
quality of the construction. The purpose of the program will be to assist in guarding
the Owner against defects and deficiency in the work of the Contractor. The CM
may reject work and transmit to the Owner and Contractor a notice of
nonconforming work when it is the opinion of the CM, Owner, or Design
Professional that the Work does not conform to the requirements of the Contract
Documents. The CM is not authorized as a part of this service to change, revoke,
alter, enlarge, relax, or release any requirements of the Contract Documents or to
approve or accept any portion of the Work not performed in accordance with the
Contract Documents. No action taken by the CM shall relieve any or all of the
Contractors from their obligation to perform their work in strict conformity with the
Contract Documents and in strict conformity with all other applicable laws, rules,
and regulations. Such limits of authority shall be made clear and enforced by the
Owner in the Contractor's Contract Documents. Communication between the CM
and Contractor with regard to Quality Review shall not in any way be construed as
binding the CM or Owner as releasing the Contractor from the fulfillment of any of
the terms of his Contract Documents. The CM is not responsible for, nor does the
CM control, the means and methods of construction for the Project. It is understood
that the CM's action in providing Quality Review as stated herein is a service to the
Owner and by performing as provided herein, the CM is not acting in a manner so as
to assume responsibility or liability, in whole or in part, for all or any part of the
construction work for the Project.
6.1.17 Occupancy Plan: The CM may prepare an Occupancy Plan that may include a
schedule for relocation for furniture, equipment and the Owner's personnel. This
schedule will be provided to the Owner.
6.1.18 MIS Reports for Move -in and Occupancy: The CM may prepare and distribute
reports associated with the Occupancy Plan.
687£ vl
LA R48I4-8318-1831 vl
A-1 5
6.1.19 Other projects as may be assigned to CM by Owner.
III. 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.
£6?£ vl
1,A441114 -03-1131v1
A-16
EXHIBIT "B"
COMPENSATION
1. Consultant shall use the following rates of pay in the performance of the Services:
Hourly Rates (Time)
These rates are fully burdened and include direct salary, mandatory costs, applicable taxes,
benefits, overhead and profit. Reimbursable expenses are not included and shall be invoiced
separately.
Available Classifications
Rate
(August 1, 2010—
July 31, 201 1)
Rate
(August 1, 2011 —
July 31, 2012)
Rate
(August 1, 2012 --
July 3 I, 2013)
Principal/Project Director
$165
$170
$176
Senior Project Manager
$155
$160
S166
Senior Construction Manager
$155
$160
$166
Project Manager
$145
$150
_
$156
Construction Manager
$145
$150
$156
Estimator
$130
$135
$140
Coustructability Reviewer
$145
$150
$156
Scheduler
$135
$140
$145
Project Controls Engineer
$130
$135
$140
Asst Project Manager
$115
$120
$125
Asst Construction Manager
$115
$120
$125
Administrative Assistant
$75
$78
$81
Field Engineer
$95
$99
5103
Others classification and rates as required and negotiated
Expenses/Materials
The items allowable for reimbursement are as follows:
1. Cost of printing and distributing monthly reports;
2. Cost of transportation;
3. Cost of office supplies;
4. Cost of telephone hook-up and services;
5. Cost of computer (hardware and software), fax machine, copy machine and other
furnishings and equipment for job site as approved by the Owner in advance;
6. Cost of postage. UPS, Federal Express, etc.;
6876 vl
LA #4814-8318-1831 vl B-1
7. Cost of project signs;
8. Cost of progress photos;
9. Cost of temporary facilities;
10. Cost of ongoing and final clean-up, as necessary; and
11. Cost of other items as required, with prior approval from Owner.
6876 vi
LA #4814-8318-1831 v l
B-2
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Consultant shall provide and maintain insurance,
acceptable to the Executive Director or Agency Counsel, in full force and effect throughout the
term of this Agreement, against claims for injuries to persons 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. Insurance 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:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability
coverage (Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1187)
covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or
equivalent forms subject to the written approval of the City.
(3) Workers' Compensation insurance as required by the Labor Code
of State of California and Employer's Liability insurance and covering all persons 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 performed
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:
(5) General Liability: $1,000,000 general aggregate for bodily injury,
personal injury and property damage.
(6) Automobile Liability: $1,000,000 per accident for bodily injury
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.
LA #481441318-11131 vl
C-1
(7) Workers' Compensation and Employer's 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.
(8) Professional Liability: $1,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the
following.provisions:
3. All Policies. Each insurance policy required by this Agreement shall be
endorsed and state the coverage 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, retum receipt requested, has been given to City.
4. General Liability and Automobile Liability Coverages.
(9) CRA, 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 performs; 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 CRA, and their respective elected and appointed officers, officials, or
employees.
(10) Consultant's insurance coverage shall be primary insurance with
respect to CRA, and its respective elected and appointed, its officers, officials, employees and
volunteers. Any insurance or self insurance maintained by CRA, and its respective elected and
appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute
with, Consultant's insurance.
(11) Consultant's insurance 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,
(12) Any failure to comply with the reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to CRA, and its
respective elected and appointed officers, officials, employees or volunteers.
5. Workers' Compensation and Employer's Liability Coverage. Unless the
Executive Director otherwise agrees in writing, the insurer shall agree to waive all rights of
subrogation against CRA, and its respective elected and appointed officers, officials, employees
and agents for losses arising from work performed by Consultant.
LA 114814-8318-1831 vl
C-2
C. Other Requirements. Consultant agrees to deposit with CRA, at or before the
effective date of this contract, certificates of insurance necessary to satisfy CRA that the
insurance provisions of this contract have been complied with. The Agency Counsel may
require that Consultant furnish CRA with copies of original endorsements effecting coverage
required by this Section. The certificates and endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. CRA reserves the right to inspect
complete, certified copies of all required insurance policies, at any time.
6. Consultant shall furnish certificates and endorsements from each
subcontractor identical to those Consultant provides.
7. Any deductibles or self -insured retentions must be declared to and
approved by CRA. At the option of CRA, either the insurer shall reduce or eliminate such
deductibles or self -insured retentions as respects CRA or its respective elected or appointed
officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, defense expenses and claims.
8. The procuring of such required policy or policies of insurance shall not be
construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions
and requirements of this Agreement.
LA J14814.8318-1831 r1
C-3
EXHIBIT "D"
PROJECT SCHEDULE
(pdf file attached)
LA #4814-6318-1831 r1
C-4
yjnq.rr,ph7n
PHASE 1: PRE-0ESIGN
ll lil-ily "Jrl9ineI
IG 4 uP .7.iIrl
000
3.
"a7 y
Shirt
f11/17110
P • Start U
RFP Preparation
Adve rtise RFP
0002
0003
0004
3
30
10
06/17110
06/20110
09/24110
Response Time
Selection of AlE Firm
0005
0006
10
5
10/08/10
10/22/10
PHASE 2: DESIGN (RE -DESIGN)
Condition Assessmenl per Master plan
30% D
Documents
60% Design Documents
100% Design Documents
Ca nsln rclabifity Review
Pe rmit- eh phase s
PHASE 3&4: BID II AWARD/ CONSTRUCTION- SE GMENT!
Bid Adve rtise men t &.O pe nin g
Award of Contrect/NTP
0007
140
10/29/10
0008
0009
15
10/29/10
40
0010
30
11/12/10
01/07111
0011
30
02/18(11
0022
0012
0013
0014
20
30
115 '
20
03/18/11
04/01/11
04/29/11
04/29/11
0017
10
05/27/11
Construction
0018
85
06/10/11
PHASE 3&4: BID & AWARD/ CO NSTRUCTION- SEGMENT 0
Sid Adv ertisemenl 8 Opening
Award of ContracUNTP
Construclron
PHASE 3&4: BID & AWARD/CONSTRUCTIO N- SEGMENTS!'
0020
0021
0024
0026
0027
115'
20
10
08/26/11
08/26/11
09/23/11
85
10/07/11
115
12/23111
Bid Advertisement & Opening
A ward of Con lrecUNTP
0028
20 12/23/11
Con slntction
PH ASE 3i1: BID & AWARD/ CONSTRUCTION- SEGMENT N
0031
0033
0034
10
85
115
01/20/12
02/03/12
04/20/12
21)146
,
1*,
Old Advertisemen t & Opening
Award of Contract/NTP
0035
20
04/20/12
Construction
PHASE 3&4: BID 5 AWARD/ CONSTRUCTION -SEGMENT V
0038
10
05/18/12
0040
85
06/01/12
0041
115
08/17/12
Bid Advertisement & Open ing
Award of ContrecUNTP
Construction
PHASE 5: POST CONSTRUCTION
0042
0045
20
10
08/17/12
09/14/12
0047
85
09/26/12
0048
30 -
01/25/1 3
Contracto r Close -ou t
A gency Close-oul
Co mplete Closeout
0049
15 01/25/13
0050
0051
15 02105/13
10
02/22113
2:11
#:ns
A I :. i A. R .. 0 r, 0. J r W 1' M +fa33
}
r11 Mmim _
,
Slarl da le 07/18/103 00PM
Finis h dale 03/07/13 4.59P14
Data dale 08/17/10 8:00AM
Run da ta 06/13/10 8:OOPM
Page number 1A
C Primave ra Systems, Inc
VA NIR CM
TEM PLE CITY— ROSEMEAD BLVD —PRELIM INARY SCHEDULE
EXHIBIT "0"
1
r 1 r i IF!
ly: rat OI
r
f I r •
The schedule is eub/ec1 to change due to th e unk own
factors that c urrenlfy exist In the sc ope or this prejecl. The
schedule will be revised and upe sl ed as the pr oject progress es.
® Early b ar
MN Progr ess bar
® Critical bar
Summary bar
• Progress porn!
• Cnliral point
• S ummary poi nt
♦ Slarl milestone pant
♦ Finish mlleslone poi nt
ATTACHMENT "C"
ROSEMEAD BOULEVARD IMPROVEMENT PROJECT
FUNDING SOURCES
Proposition C (Prop C)
On July 1, 2006, a Capital Reserve Agreement with Los Angeles County Metropolitan
Transportation Authority (METRO) was approved to commit and accumulate its Local
Return Funds beyond the Timely Use of Funds period in order to construct the
Rosemead Boulevard Improvement Project. The agreement allowed the City to set
aside up to $5,000,000 of its Local Return Funds into the Capital Reserve Account for
the Rosemead Boulevard Improvement Project with a completion date of June 30,
2009.
In May 2009, the City requested a three year extension and was approved to complete
the project by June 30, 2012.
Total available Prop C funds to date: $3,700,000
Proposition 1B (Prop 1B)
Prop 1B provided $19.925 billion in bond funds for a variety of transportation priorities
which include maintenance and improvement of local transportation facilities. Temple
City's allocation of Prop 1B funds were estimated at $1,117,533. On October 17, 2007,
the City Council approved the funds to be used for the Rosemead Boulevard
Improvement Project. FY 2007-08 allocation of $575,733 was requested and the City
received the funds on March 31, 2008. These funds must be expended by June 30,
2011.
Due to the State Budget, FY 2008-09 allocations were suspended until FY 2009-10. The
City is in the process of requesting the second allocation of Prop 1B funds in the
amount of approximately $530,758. The City has been notified that funds may not be
distributed until the end of the year.
Total available Prop 1B funds to date:
Additional future Prop 1B funds:
Lighting/Landscape District (LILD)
$574,242
$530,758
There are two components to the Lighting/Landscape District; Assessment Fees which
is revenue collected from property tax for the landscape maintenance and Ad Valorem
Tax which is used for the maintenance and improvement of street lights. Even though
the Landscape District has been in a deficit for the past few years, the Lighting District
has enough funds to cover the cost of lighting for the Rosemead Boulevard
Improvement Project.
Total available LILD funds for Rosemead Blvd Project: $1,000,000
Proposition A (Prop A)
Approved in 1980, Prop A funds were available due to a one-half cent increase on sales
tax. Twenty five percent of tax was designated for Local Return programs and are to be
used exclusively to benefit public transportation. Prop A funds must be used within three
years of allocation. To avoid lapsing of funds, Prop A funds can be used for
transportation related costs of the Rosemead Boulevard Improvement Project.
Total available Prop A funds: $1,000,000
Surface Transportation Program Local (STP-L)
Surface Transportation Program (STP) provides flexible funding that may be used by
States and localities for any Federal -aid highway, bridge, public road, other transit
capital, or intra-city and intercity bus terminals and facilities. The agency allocates
federal STP funds to local jurisdictions annually based on a population formula. This
formula allocation to local jurisdictions is referred to as STP-Local (STP-L).
Eligible uses for STP-L funds are construction, reconstruction, rehabilitation,
resurfacing, restoration and operational improvements for highways (including interstate
highways and bridges), capital costs for transit projects eligible for assistance under the
Federal Transit Act and publicly -owned intra-city or intercity bus terminals and facilities,
carpool projects, fringe and corridor parking facilities, bicycle and pedestrian walkways,
highway and transit safety improvement & programs.
Total available STP-L funds to date: $947,926
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU)
On August 10, 2005, the President signed into law the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), with guaranteed
funding for highways, highway safety, and public transportation totaling $244.1 billion.
SAFETEA-LU addresses the many challenges facing our transportation system today —
challenges such as improving safety, reducing traffic congestion, improving efficiency in
freight movement, increasing intermodal connectivity, and protecting the environment —
as well as laying the groundwork for addressing future challenges. SAFETEA-LU
promotes more efficient and effective Federal surface transportation programs by
focusing on transportation issues of national significance, while giving State and local
transportation decision makers more flexibility for solving transportation problems in
their communities.
Total available SAFETEA-LU funds: $719,921
Caltrans Payment
On March 18, 2008, the City Council approved a Cooperative Agreement with the State
of California providing for the State's relinquishment of a portion of Route 164
(Rosemead Boulevard from Grand Avenue to Callita Street). Included in the
Cooperative Agreement was for the State to pay the City of Temple City the sum of
$386,000 for the cost of relinquishment.
On July 21, 2008, the City received the funds from the State of California and was
deposited into the General Fund for future Rosemead Boulevard Improvement Project
costs.
Total available Caltrans funds: $386,000
Redevelopment Funds
The Capital Project Fund in the Temple City Community Redevelopment Agency is
used to provide the Agency with lawful redevelopment activities. As of June 30, 2009,
the fund balance for the Capital Project Fund was $2,729,324.
Total allocated Redevelopment funds:
$1,014,000
AVAILABLE FUND FOR ROSEMEAD BOULEVARD IMPROVEMENT PROJECT
$9,872,847
Funding Sources
SAFETEA-LU
7%
CalTrans
4%