2200 - Avant Garde Inc. - Safe Route to School Project - ATP Cycle 2 Funding Compliance Services �•
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CITY OF ROSEMEAD, CALIFORNI ;\;
Public Works/Engineering: 8838 East Valley Boulevard,Rosemead,California 91770 (626)569-2150 FAX:(626)307-9218
CONTRACT CHANGE ORDER
Date: August 1, 2018 Contract Number: C 17502
Project: Safe Route to School Project—Funding Compliance Change Order Number: 1
Services
To: Avant Garde, Inc.
3670 W. Temple Avenue, Suite 278
Pomona, CA 91768 Contractor Telephone: (909) 979-6586
Attention: Ms. Lissette Calleros Contractor Fax: (909) 979-6580
Description of Change (additional sheet attached)
CO#1 - Additional services due to unforeseen delays with Caltrans Headquarters to increase
the,reimbursement ratio and provide additional submittals. See attachment $2,205.00
Total Contract Change Order No. 1: $2,205.00
Reason for Change (additional sheets attached) a
The above-described changes are outside of the original scope of work.
Distribution
Contractor ® Consultant 0 Division ® Project Manager ® Project File // Other: ❑
Form PWE(Revised 5/09) Page 1 of 2
CITY OF ROSEMEAD
C•NTRACT CHANGE SRDEE
The change results in the following adjustment of Contract Price and/or Time:
Description Amount %Change
Original Contract Price $ 10,110.00
Net Change by Previously Authorized Change Orders/Contract Amendment $ 0.00
This Change Order $ 2,205.00
Total Change Order Amount including this Change Order $ 2,205.00
Contract Price after Change Order(s) $ 12,315.00
Account/Program Numbers 301-6005-5225-21025-105-) $ 2,205.00
Contract Time prior to Change Order N/A
Net Increase in Days Authorized by this Change Order N/A
Current Contract Time including this Change Order N/A
Project Completion Date Including Net Increase in Days by Change Order__.
Contractor is hereby directed to make the herein-described changes and/or perform said herein-described work in
connection with above reference project. All new work shall conform to the applicable provisions of the plans and
specifications, except as specifically modified by the Contract Change Order.
This Change Order No. 1 to Contract No. C 17502 constitutes full and complete compensation for all costs associated with
the above changes inclusive of insurance, contractors profit, direct and indirect overhead, extended office overhead,
bonds, supervision, labor, materials and equipment. All other costs are non-compensable.
All other provisions, requirements, terms and conditions contained in the above referenced Agreement remain in full force
and effect. This Change Order is not valid until signed by both City and Contractor.
Attachments: (List attached documents that support Change Order)
Attached is Change Order#1
City of Rosemead Contractor/Consultant
Prepared/Appr Accepted By:
005//0 -
Avant Garde, Inc.
afael M.Fajardo,P.E.,City Engineer Date Name of Contractor
/(j/ ,J411/'
G eg Tsujiuchi,Acting Public Works Director Date ontracto Representative Signature Date
Additional City Approvals: 4ISG / adere
Printed Name, Title
Title Date
•
Title Date
Form PWE(Revised 5/09) Page 2 of 2
•
• •
AVANT
G A a'. D E
City 41 Rosemead
TO: Rafael Fajardo, City Engineer
DATE: May 14, 2018
FROM: Lissette Calleros
SUBJECT: Additional Fee for Funding Compliance Services for ATP Cycle 2 Safe Routes to School
Description of Request: The ATP Cycle 2 Safe Routes to School in the City of Rosemead is funded by State ATPL
funds in the amount of$702,000. In accordance with the Caltrans Local Program Procedures Manual,Avant-Garde
assists the City in securing all the proper authorizations and clearances to secure the federal funds for this project.
Due to unforeseen delays with Caltrans HQ to increase the reimbursement ratio and provide additional submittals
to ensure Caltrans will process the Progress Invoice, we are requesting an additional fee in the amount of$2,205
to complete the remaining tasks for this project. Our fee is broken down as follows:
To be completed by Avant Garde, Inc:
Project Number: 3021.07
Cary off Qos:, '
Project Director: Lissette Calleros PublicDepartment
Engineering Division
Estimated Cost of Services: $2,205 �
Received Date:
Approved Denied.
APPROVED TO PROCEED:
City Representative Date
Billing Rate
TASKS Description of Work Program Program Program Total Hours Total Cost
Manager Coordinator Assistant
$110.00 $85.00 $65.00
1 Progress Invoice 3 6 9 $ 645
2 Project Close-out 13 7 20 $ 1,560
Totals: . 16 13 29 $ 2,205
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PROFESSIONAL SERVICES AGREEMENT
SAFE ROUTE TO SCHOOL PROJECT— ATP CYCLE 2
FUNDING COMPLIANCE SERVICES
(AVANT GARDE, INC.)
1. PARTIES AND DATE.
This Agreement is made and entered into this 24 day of 20 (A0
(Effective Date) by and between the City of Rosemead, a munic al organization
organized under the laws of the State of California with its principal place of business at
8838 E. Valley Blvd., Rosemead, California 91770 ("City") and Avant Garde, Inc. with its
principal place of business at 3670 W. Temple Avenue, Suite 278, Pomona, CA 91768
("Consultant"). City and Consultant are sometimes individually referred to herein as
"Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the City on the terms and conditions set forth
in this Agreement. Consultant represents that it is experienced in providing funding
compliance services public clients, is licensed in the State of California, and is familiar
with the plans of City.
2.2 Project.
City desires to engage Consultant to render such ongoing general public works
and professional engineering services ("Services") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional funding
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compliance services consulting services necessary for the Project ("Services"). The
Services and hourly rates are more particularly described in Exhibit A attached hereto
and incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein
by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from Effective Date
shown above to June 30, 2017, unless earlier terminated as provided herein.
Consultant shall complete the Services within the term of this Agreement, and shall
meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultants exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and
as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Consultant's conformance with the Schedule,
City shall respond to Consultant's submittals in a timely manner. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to meet
the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant
may substitute other personnel of at least equal competence upon written approval of
City. In the event that City and Consultant cannot agree as to the substitution of key
personnel, City shall be entitled to terminate this Agreement for cause. As discussed
below, any personnel who fail or refuse to perform the Services in a manner acceptable
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to the City, or who are determined by the City to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Project or a threat to the safety of
persons or property, shall be promptly removed from the Project by the Consultant at
the request of the City. .
3.2.5 City's Representative. The City hereby designates the City
Engineer, or his or her designee, to act as its representative for the performance of this
Agreement (City's Representative"). City's Representative shall have the power to act
on behalf of the City for all purposes under this Contract. Consultant shall not accept
direction or orders from any person other than the City's Representative or his or her
designee.
3.2.6 Consultant's Representative. Consultant hereby designates Ms.
Lissette Calleros, or his/her designee, to act as its representative for the performance of
this Agreement ("Consultant's Representative"). Consultant's Representative shall have
full authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services,
using his/her best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff,
consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner,
consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California. Consultant represents and maintains
that it is skilled in the professional calling necessary to perform the Services.
Consultant warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the Services assigned to them. Finally, Consultant represents
that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including
a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. As provided for in the indemnification provisions
of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions
which are caused by the Consultant's failure to comply with the standard of care
provided for herein. Any employee of the Consultant or its sub-consultants who is
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the
City, shall be promptly removed from the Project by the Consultant and shall not be
re-employed to perform any of the Services or to work on the Project.
AVANT GARDE, INC.
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3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall maintain prior to
the beginning of and for the entire duration of this Agreement an insurance coverage
and policy as specified in Exhibit B attached to and part of this agreement.
3.2.11 Safety. Contractor shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out its Services, the
Contractor shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety
of employees appropriate to the nature of the work and the conditions under which the
work is to be performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and life saving equipment and procedures; (B)
instructions in accident prevention for all employees and subcontractors, such as safe
walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space
procedures, trenching and shoring, equipment and other safety devices, equipment and
wearing apparel as are necessary or lawfully required to prevent accidents or injuries;
and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement, as
specified in the attached Consultant proposal (i.e., hourly rates, expenses, etc.), but not
to exceed Ten Thousand One Hundred Ten Dollars ($10,110.00) per fiscal year. Such
payments shall be made on an as-needed basis as directed by the City. Extra Work
may be authorized, as described below, and if authorized, will be compensated at the
rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a
monthly itemized statement which indicates work completed and hours of Services
rendered by Consultant. The statement shall describe the amount of Services and
supplies provided since the initial commencement date, or since the start of the
AVANT GARDE, INC.
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subsequent billing periods, as appropriate, through the date of the statement. City shall,
within 45 days of receiving such statement, review the statement and pay all approved
charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City
may request that Consultant perform Extra Work. As used herein, "Extra Work" means
any work which is determined by City to be necessary for the proper completion of the
Project, but which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Consultant shall not perform, nor be compensated for,
Extra Work without written authorization from City's Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California
Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which
require the payment of prevailing wage rates and the performance of other
requirements on "public works" and "maintenance" projects. If the Services are being
performed as part of an applicable "public works" or "maintenance" project, as defined
by the Prevailing Wage Laws, and if the total compensation is $1,000 or more,
Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide
Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates
of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the
Consultant's principal place of business and at the project site. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free
and harmless from any claim or liability arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
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3.5.1.1 Grounds for Termination. City may, by written notice
to Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such
termination. Upon termination, Consultant shall be compensated only for those services
which have been adequately rendered to City, and Consultant shall be entitled to no
further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the perfomiance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms
and in such manner as it may determine appropriate, services similar to those
terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
Avant Garde, Inc.
3670 W. Temple Avenue, Suite 278
Pomona, CA 91768
Attn: Lissette Calleros
Tel: (909) 979-6586
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: Rafael M. Fajardo, P.E.
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
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modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ("Documents & Data"). Consultant shall require all subcontractors to
agree in writing that City is granted a non-exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard
to Documents & Data which were prepared by design professionals other than
Consultant or provided to Consultant by the City. City shall not be limited in any way in
its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the
Services. Nor shall such materials be disclosed to any person or entity not connected
with the performance of the Services or the Project. Nothing furnished to Consultant
which is otherwise known to Consultant or is generally known, or has become known, to
the related industry shall be deemed confidential. Consultant shall not use City's name
or insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the
other party, either legal, administrative or other, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover
from the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the
City, its officials, officers, employees, volunteers and agents free and harmless from any
and all claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, to property or persons, including wrongful death, in any manner
arising out of or incident to any alleged acts, omissions or willful misconduct of
Consultant, its officials, officers, employees, agents, consultants and contractors arising
out of or in connection with the performance of the Services, the Project or this
Agreement, including without limitation the payment of all consequential damages and
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attorneys fees and other related costs and expenses. Consultant shall defend, at
Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against City, its
directors, officials, officers, employees, agents or volunteers. Consultant shall pay and
satisfy any judgment, award or decree that may be rendered against City or its
directors, officials, officers, employees, agents or volunteers, in any such suit, action or
other legal proceeding. Consultant shall reimburse City and its directors, officials,
officers, employees, agents and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its directors, officials officers, employees, agents
or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for
or against any Party. Any term referencing time, days or period for performance shall
be deemed calendar days and not work days. AU references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement.
The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or
intent of this Agreement.
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3.5.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. Consultant further agrees to file, or shall cause its
employees or subconsultants to file, a Statement of Economic Interest with the City's
Filing Officer as required under state law in the performance of the Services. For
breach or violation of this warranty, City shall have the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer or employee of City,
during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be
limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination. Consultant shall also
comply with all relevant provisions of City's Minority Business Enterprise program,
Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
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3.5.21 Authority to Enter Agreement. Consultant has all requisite power
and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each Party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein,
without prior written approval of City. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
[Signatures on next page]
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CITY OF ROSEMEAD AVANT GARDE, INC.
By: )�5 c; . 2 1 . 1 le B , 1 - eas, ' °I /Ziill to
Bill R. Manis, City Manager Date Date
Name: RYAOt Mane JZIJDIA2
Attest: 1
Title: -'re5k
61 /2
City Clerk Date
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
Name: /ISSC& Ems
Title: Vie Peff/4+4t
EXHIBIT A
SCOPE OF SERVICES/ HOURLY RATES
A-1
AVANT
G A R D E
June 6, 2016 CZJ°f�?Os�TeQQ
PuI& Wan&D'r+i/Y4tinenta
Rafael M. Fajardo P.E. E +wertng Div&ion
City Engineer
City of Rosemead R`cei
8838 East Valley Boulevard -- Dom' :07 7w1/6
Rosemead, CA 91770 APTow6 snFO;ej
Re: Fee Proposal for Funding Compliance Services for ATP Cycle 2 Safe Route to School
Dear Mr. Fajardo:
It is with great pleasure that I provide you this proposal to perform Funding Compliance services for
your State Funded ATP Cycle 2 project. We have prepared this fee proposal, which will address the
following: (A) our proposed scope of work, (B) the project schedule,and (C) our consulting fees.
A. Scope of Work
Our services will include processing the necessary paperwork with Caltrans and the California
Transportation Commission to allocate the funds for this project. The City has been allocated
$702,000 of State funds for this project ($842,000 total project cost). Specific tasks are identified in
section C below.
B. Project Schedule
Our services will commence upon receiving written Notice-to-Proceed.
C. Compensation
Program Program Program
TASKS Manager Coordinator Assistant Total Hours Total Cost
Billing Rate $ 110.00 $ 85.00 $ 65.00
Existing Records Review and project
initiation;verify programming
1 coordination with Engineering design 3 4 6 13 $ 1,060
Environmental Submittal;submit to
2 CTC for approval 4 25 29 $ 2,065
Allocation of funds;submit to CTC for
3 approval _ 4 _15 _ 10 29 $ 2,365
4 Award Submittal 2 5 10 17 $ 1,295
5 Progress Invoice 1 8 4 13 $ 1,050
6 Project Closeout _ 2i 15 12 29 $ 2.275
Totals: 16 47 67 130 $ 10,110
3670 W.Temple Avenue,Ste 278.Pomona,CA 91768
tel:909-979-6586 • fax:909-979-6587 •www.avanf-garde-inc.com
•
AVANT
G A R D E
If you have any questions, or if I can be of further assistance, please feel free to contact me al
909-797-6587.
Sincerely,
L£ *ette'Cal eroa'
Lissette Calleros
Vice President
Acceptance of Proposal:
City Representative
3670 W.Temple Avenue,Ste 278,Pomona,CA 91768
tel:909979-6586 • fax:909-979-6587 • www.avant-garde-inc.com
•
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, Consultant agrees to amend,supplement
or endorse the existing coverage to do so. Consultant acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability
coverage for each such person.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self-
insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in
addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured's liability is determined, not requiring actual payment by the insured first. There
shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to City for injury to employees of
Consultant, subconsultants or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required
herein. Limits are subject to review but in no event less than $1 Million per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
B-1
omissions of the consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of' the insured and must include a provision establishing the insurers duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Bests rating of A- or better
and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
B-2
endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests under
this or any other agreement and to pay the premium. Any premium so paid by
City shall be charged to and promptly paid by Consultant or deducted from sums
due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10.Consultant agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11.Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self-insure its obligations to City. If
Consultant's existing coverage includes a deductible or self-insured retention, the
deductible or self-insured retention must be declared to the City. At that time the
City shall review options with the Consultant, which may include reduction or
elimination of the deductible or selfinsured retention, substitution of other
coverage, or other solutions.
12.The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
B-3
13.For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14.Consultant acknowledges and agrees that any actual or alleged failure on the
part of City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15.Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
16.Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverages.
17.The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18.Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19.These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20.The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21.Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this
B-4
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
B-5
ACORD® CERTIFICATE OF LIABILITY INSURANCE 23/2016
,�/ 6/23/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONA Marie Swaney
Dealey,Renton&Associates PHONE 626-844-3070 I FAX
199 S Los Robles#540 E-MAIL No per _ -. etse,NJ: _.
Pasadena,CA 91101 ADDSS:mswaney @dealeyrenton.com
Lie#0020739 _ INSURER(S)AFFORDING COVERAGE NAIC# _
INSURER A:Sentinel Insurance Co. LTD 11000
INSURED ADVANAVAN INSURER BAdmiral Insurance Company
Advanced Avant-Garde, Inc. INSURER C:
dba:Advant Garde, Inc
3760 W.Temple Ave.,Suite#278 INSURER D:
Pomona,CA91768 INSURER E:
909-979-6586 INSURER F:
COVERAGES CERTIFICATE NUMBER: 115755904 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDLSUSK POLICY EFF POLICY EX?
LTR TYPE OF INSURANCE INSO I WVDI POLICY NUMBER (MM/0G/YYYY) (MMNDIYYYY) LIMITS
A I x COMMERCIAL GENERAL LIABILITY Y Y 575BARG1491 7/1/2016 7/1/2017 EACH OCCURRENCE _ $1,000,000
1 I I DAMAGET�RENTED
CLAIMS-MADE X OCCUR , PREMISES(E urtan el $1,000.000
JMED EXP(Any pw on) $10,000
__ : PERSONAL BADV INJURY I $1.000,000
GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGAIE I$2,000,000
POLICY_I _Xi JECT __1 LOC PRODUCTS-COMP/OP AGG ;'.$2,000,000
OTHER: $
A 1 AUTOMOBILE LIABILITY Y 57SBARG1491 7/1/2016 7/1/2017 1 M
COB INS�I`G LIMIT 1 $
rEaaremenINED p 1,090,000
I
ANY AUTO 'BODILY INJURY Per person)1$.
ALL OWNED —,SCHEDULED i BODILY INJURY Per accident) 5
AUTOS _ 'AUTOS 1 -__..
%, NON-OWNED PROPERTY DAMAGE - -
HIRED AUTOS X AUTOS LeraeclEent) $
X No OwnedAuta H
A X UMBRELLA LIAR X OCCUR Y Y I57SBARG1491 17/1/2016 17/1/2017 I EACH OCCURRENCE $2,000,000
EXCESS UAB CLAIMS-MADE AGGREGATE _ 52,000,000
DED I% I RETENTION$10,000 $
WORKERS COMPENSATION PEA OTN-
AND EMPLOYERS'LIABILITY Y/A, STATUTE ER
ANY PROPRIETOR/EXCLUDED? H' E.L.1EACH ACCIDENT IS
(Mandatory NH)EXCLUDED? N/A - - -
(Mandatory n NH) — : E.L.DISEASE-EA EMPLOYEEI 5
IT ye/.describe under —
DESCRIPTION OF OPERATIONS below 1 EL DISEASE-POLICY LIMIT $
I
B 11 Pr° salanal Llabllity I E000003160601 1112/172015 12/172016 $1,000,000 per claim
Claims Made Form $1,000,000 Annual Aggregate
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more apace is required)
Auto Policy is included in General Liaibility limit. insured owns no company vehicles;therefore, hired/non-owned auto is the maximum
coverage that applies. Umbrella Policy is follow-form to underlying GL/AUTO Liability Policies.
RE:Grant Preparation Services—City of Rosemead,including but not limited to its elected officials,employees,volunteers and agents are
named as an additional insured as respects general liability for claims arising from the operations of the named insured.
CERTIFICATE HOLDER CANCELLATION 30 day NOC/10 day for nonpay of pram
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Rosemead, Public Works Dept THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
8838 E Valley Blvd ACCORDANCE WITH THE POLICY PROVISIONS.
Rosemead CA 92863-1584
AUTHORIZED REPRESENTATIVE
UT
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