Agenda packet — Baldwin Park City Council, October 19, 2022

NOTICE AND CALL
OF A

SPECIAL MEETING
OF THE

CITY COUNCIL

TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF

THE CITY OF BALDWIN PARK

NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, October 19, 2022 at 5:00 PM.

Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda.

NO OTHER BUSINESS WILL BE DISCUSSED

Posted: October 13, 2022.

Emmanuel J. Estrada
Mayor

AFFIDAVIT OF POSTING

I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of October 19, 2022.

Marlen Garcia,
City Clerk

AGENDA

BALDWIN PARK CITY COUNCIL

SPECIAL MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706

October 19, 2022
5:00 PM

Audio Streaming will be available at:
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA

Emmanuel J. Estrada - Mayor
Daniel Damian - Mayor Pro Tem
Alejandra Avila - Council Member
Monica Garcia - Council Member
Paul C. Hernandez - Council Member

PLEASE TURN OFF ALL ELECTRONIC DEVICES

PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda. In accordance with Chapter 39 of the
Baldwin Park Municipal Code, Speakers must
address the Council as a whole and refrain
from making impertinent, slanderous, or
profane remarks or disrupt the peace of the
meeting.

COMENTARIOS DEL PUBLICO
Se invita al público a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda.

De acuerdo con el capítulo 39 del Código Municipal
de la Ciudad de Baldwin Park, los comentaros deben
se dirigidos al Concilio como una sola entidad, y no
ser impertinentes, difamatorios, o profanos, o
interrumpir la paz de la reunión.

CALL TO ORDER:

ROLL CALL: Council Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Daniel Damian, and Mayor Emmanuel J. Estrada

PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será el limite para hablar

THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL

PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staf f to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]

ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO

FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2]

If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 5:00 PM to 6:00 PM on October 19, 2022 to [email protected]. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your reques t in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one-hour limit may be placed on the time for public comm unications so that City business can be conducted, after which time, communications can resume.

OPEN SESSION/STUDY SESSION
• None

RECESS TO CLOSED SESSION

1. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9:

Potential Case(s): Two (2)

2. Conference With Legal Counsel— Existing Litigation
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:

Case Name: Rukli, Inc. v. City of Baldwin Park Case No. 22STCV28634

Case Name: Cetina, Huerta, Jimenez, Parra, Case No. 22STCV14121 Real, Valdivia v. City of Baldwin Park

CITY COUNCIL
SPECIAL MEETING – 5:00 P.M.

Case Name: Daniel Rodriguez v. City of Baldwin Park Case No. 21STCV21129

Case Name: Mathew Rodriguez Case No. 2:22-cv-01069-FLA-MAR v. City of Baldwin Park

Case Name: Christopher Kuberry, Case No. 21STCV07382 Michael Hemenway, & Raymond
Findley v. City of Baldwin Park

Workers Compensation Case: Andrew Celebil WCAB No.: ADJ13881170

3. Public Employment:

Pursuant to Government Code Section 54957

Employment Agreement
Title: Chief Deputy City Clerk

ADJOURNMENT

CERTIFICATION

I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of October 19, 2022.

Marlen Garcia
City Clerk
For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e- mail [email protected].

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)
AGENDA

BALDWIN PARK CITY COUNCIL

REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706

October 19, 2022
7:00 PM

Emmanuel J. Estrada - Mayor
Daniel Damian - Mayor Pro Tem
Alejandra Avila - Council Member
Monica Garcia - Council Member
Paul C. Hernandez - Council Member

PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING.

PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda
or on any other matter within its jurisdiction.

In accordance with Chapter 39 of the
Baldwin Park Municipal Code, Speakers
must address the Council as a whole and
refrain from making impertinent, slanderous,
or profane remarks or disrupt the peace of
the meeting.

COMENTARIOS DEL PÚBLICO
Se invita al público a dirigirse al Concilio o cualquier otra de sus Agencias nombradas en esta agenda,
para hablar sobre cualquier asunto publicado en la
agenda o cualquier tema que esté bajo su
jurisdicción. De acuerdo con el capítulo 39 del
Código Municipal de la Ciudad de Baldwin Park, los
comentaros deben se dirigidos al Concilio como
una sola entidad, y no ser impertinentes,
difamatorios, o profanos, o interrumpir la paz de la
reunión.

City Council Agenda Page 2

CITY COUNCIL
REGULAR MEETING – 7:00 PM

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL
Council Members: Alejandra Avila, Monica Garcia, Paul C.

Hernandez, Mayor Pro Tem Daniel Damian , and Mayor Emmanuel J.

Estrada

REPORT FROM CLOSED SESSION

ANNOUNCEMENTS
The City Council are also members of the Board of Directors of the Housing Authority, and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting.

PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Staff Introductions and Oath of Office of Police Officers Jeremy Cross, Lieutenants
Evan Martinez, Lieutenants

Mathew Balzano, Sergeant
Tony Gamboa, Sergeant
William Zendejas, Sergeant
Jose Castro, Sergeant
Phillip Wener, Sergeant
Noe Cervantes, Sergeant

Ana Balver, Officer
Scott Rapp, Officer
Jose Acosta, Officer
Carlos Mendez, Officer

City Council Agenda Page 3

PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será el límite para hablar

THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL

PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances ex ist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staf f to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]

ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO

FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circ unstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2]

If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8 :00 PM on October 19, 2022 to [email protected]. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during t he meeting. If you are a non- English Speaker and require translation services in another language other than Spanish, or sign, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after whi ch time, communications can resume.

CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda.

1. City of Baldwin Park’s Warrants and Demands
Staff recommends that the City Council ratify the attached Warrants and Demands Register.

2. Treasurer’s Report – August 2022
Staff recommends that the City Council receive and file the Treasurer’s Report for August 2022.

3. City Financial Assistance for Baldwin Park Unified School District (BPUSD) Student Field Trips-American Rescue Plan Act (ARPA) Funds – Operating Agreement in the form of a Memorandum of Agreement (MOA) Staff recommends that the City Council:

1. Approve the Operating Agreement as a Memorandum of Agreement (MOA) between the City and BPUSD for the Financial Assistance for Student Field Trips; and

2. Authorize the Mayor to Execute the Agreement; and

3. Authorize the Director of Finance to appropriate $120,000 of ARPA Funds for this MOA; and

4. Authorize the Chief Executive Officer to make any technical adjustments necessary within to carry out the intent of the City Council; and

5. Transmit the MOA to the BPUSD Board for their approval.

4. Accept Plans and Specifications and Award of Contract for the Susan Rubio Zocalo Park and Civic Center Plaza, City Project No. CIP 22-043 Staff recommends that the City Council:

1. Accept project plans and specifications and incorporate the project into the City’s 2022-2023 Capital Improvement Program as CIP No. 22-043; and

2. Approve and award the construction contract to PCN3, I nc. of Los Alamitos, CA in the amount of $11,030,000.00; and
City Council Agenda Page 4

3. Approve a Not-to-Exceed amount of $36,000 for the demolition of the existing vacant building at 14349 Pacific Ave; and

4. Approve change order for added design services to the existing agreement with LCDG related to traffic and street improvements required to complete the Construction Documents in the amount of $69,100; and

5. Authorize the Director of Finance to appropriate Measure W Funds to account no. 258-50-520-58100-55022 in the amount of $1,000,000.00, SB1 Funds to account no. 256-50-520-58100-55022 in the amount of $1,500,000.00, and Quimby Funds to account no. 234-50-520-58100-55022 in the amount of $1,100,000.00, ARPA Funds to account no. 2 75-50-765-58100-55022 in the amount of $1,200,000.00, a loan from Future Development Fund to account no. 200- 50-520-58100-55022 in the amount of $1,500,000.00 with interest free that will be paid back from revenue generated through leasing of retail space; and

6. Authorize the Mayor and City Clerk to execute the contract for the Susan Rubio Zocalo Park and Civic Center Plaza Project.

5. Approve Plans, Specifications and Authorize the Award of Contract to Yunex Traffic LLC, for City Project No. CIP 21- 197, Citywide Traffic Signal Battery Backup Systems (BBS)
Staff recommends that the City Council:

1. Accept project plans and specifications for City Project No. CIP 21-197; and

2. Approve and award the construction contract to Yunex LLC (dba Yunex Traffic ) of Riverside, CA in the amount of $292,500; and

3. Authorize the Director of Finance to appropriate Proposition C funds in the amount of $137,771.75 to account no. 245-50-520-58100-55000; and

4. Authorize the Mayor and City Clerk to execute the contract with Yunex LLC (dba Yunex Traffic), for the installation of 28 traffic signal Battery Backup Systems.

6. Accept Plans and Specifications and Award of Bid for City Project No. CIP 21 -190 Foster Avenue and Pedestrian Rail Crossing Drainage Improvements Staff recommends that the City Council:

1. Accept Project plans and specifications for City Project #CIP 21-190; and

2. Approve and award the contract to CWS Systems Inc. , of Pasadena, CA in the amount of $1,054,785.00; and

3. Authorize the Director of Finance to appropriate Measure W Fund # 258-50-520- 58100-15105 in the amount of $87,284.84; and

4. Authorize the Mayor and City Clerk to execute the contract for CIP 21- 190 Foster Avenue and Pedestrian Rail Crossing Drainage Improvements.

7. Adopt a Resolution Approving Side Letter Agreement between the City of Baldwin Park and the Baldwin Park Employees’’ Association (CEA) Staff recommends that the City Council approve and adopt Resolution No. 2022 -057 and the Side Letter of Agreement between the City of Baldwin Park and Baldwin Park City Employees’ Association (CEA) to become effective retroactively to October 7 th,
2022, consistent with the commencement of the new work schedule.

8. Implement the Cal-Card Program Offered by U.S Bank
Staff recommends that the City Council:

1. Approve the CAL-Card Program offered by U.S. Bank; and,

2. Authorize the Director of Finance to complete the application including an unsecured credit limit equal to 2 months of estimated expenditures or about $1,350,000 for the City Council Agenda Page 5
Virtual Pay program to automate some of the Accounts Payable; and the Cal -Card (plastic card/credit card). Limits on each card to each individual to be assigned at the discretion of the Chief Executive Officer and Director of Finance not to exceed $15,000; and

3. Authorize Chief Executive Officer to sign off on the documents including the application from U.S. Bank on behalf of the City.

CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY

DEVELOPMENT COMMISSION

SA-1 Successor Agency to The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands
Staff recommends that the Board ratify the attached Warrants and Demands Register.

SA-2 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer’s Report – August 2022 Staff recommends that the Board receive and file the Treasurer’s Report for August 2022.

CITY COUNCIL / CITY CLERK / CITY TREAS URER / STAFF REQUESTS &

COMMUNICATION

• None

ADJOURNMENT

CERTIFICATION
I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 13th day of October, 2022.

Marlen Garcia
City Clerk

For further information regarding agenda items, please contact the office of the City C lerk at (626) 960- 4011 ext. 466 or via e- mail at [email protected].

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960- 4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)

STAFF REPORT
ITEM NO. ________1__________

TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: October 19, 2022
SUBJECT: City of Baldwin Park’s Warrants and Demands

SUMMARY
Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council.

RECOMMENDATION
Staff recommends that the City Council ratify the attached Warrants and Demands Register.

FISCAL IMPACT
The payroll for the last period was $563,085.95 and the attache d General Warrants Register was $864,044.33 for a total amount of $1,427,130.28.

BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the departmen t head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released:

1. The last payroll of the City of Baldwin Park consist s of check number s 201658 to 201676 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 35616 to 35889 for the period September 18, 2022 through October 1, 2022 inclusive; these are presented and hereby ratified in the amount of $563,085.95.

2. General Warrants, with the bank drafts in the amount of $287,363.74 and checks from 238187 to 238366 in the amount of $576,680.59 for the period of September 22, 2022 to October 5, 2022, inclusive; in the total amount of $864,044.33 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified.

LEGAL REVIEW
Not Applicable

ATTACHMENT

1. Check Register

STAFF REPORT
ITEM NO. ________2_________

TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: October 19, 2022
SUBJECT: Treasurer’s Report – August 2022

SUMMARY
Attached is the Treasurer’s Report for the month of August 2022. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). Al l investments are in compliance with the City’s Investment Policy and the California Government Code.

RECOMMENDATION
Staff recommends that Council receive and file the Treasurer’s Report for August 2022.

FISCAL IMPACT
None

BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.

LEGAL REVIEW
Not Applicable

ATTACHMENT

1. Exhibit “A”, Treasurer’s Report

STAFF REPORT
ITEM NO. _________3________

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Rose Tam, Director of Finance

DATE: October 19, 2022
SUBJECT: City Financial Assistance for Baldwin Park Unified School District (BPUSD) Student Field Trips-American Rescue Plan Act (ARPA) Funds – Operating Agreement in the form of a Memorandum of Agreement (MOA)

SUMMARY
At their meeting of April 20, 2022, the City Council approved the allocation of $120,000 of City ARPA Funds to be utilized in providing financial assistance to BPUSD schools to help enable more students to participate in existing or new educational field trips provided by the District. Staff from both the City and BPUSD have drafted an operating agreement for the criteria and provisions to be followed in the disbursement and the availability of the funds.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the Operating Agreement as a Memorandum of Agreement (MOA) between the City and BPUSD for the Financial Assistance for Student Field Trips; and

2. Authorize the Mayor to Execute the Agreement; and

3. Authorize the Director of Finance to appropriate $120,000 of ARPA Funds for this MOA; and

4. Authorize the Chief Executive Officer to make any technical adjustments necessary within to carry out the intent of the City Council; and

5. Transmit the MOA to the BPUSD Board for their approval.

FISCAL IMPACT
The $120,000 will be funded by the American Rescue Plan Act (ARPA) Fund - Community Assistance set-aside under the Revenue Replacement Category. Funds must be committed by December 31, 2024 and are available for use until December 31, 2026. There is no impact to the General Fund.

BACKGROUND
City Council had approved the allocation of $120,000 of City ARPA Funds for the Field Trips Financial Assistance Program, to be implemented in partnership with BPUSD. This Staff Report presents for City Council approval the operating agreement to effectuate the Financial Assistance Program.

DISCUSSION
In recognition of the value that educational field trips provide for students in inspiring and motivating them to achieve success in their educational and life endeavors, and the unfortunate financial challenge that many families in our City face in being able to afford to participate in such field trip experiences, the City Council originally considered appropriating $60,000 for this purpose, but reconsidered and doubled the amount to $120,000 to augment the positive impact this funding will have.

City Council directed Staff to develop an operating agreement jointly with BPUSD Staff that would then be presented to both the City Council and the BPUSD Board of Education for approval.

In providing Staff with direction, City Council requested that the eligibility criteria for students to receive this funding would not be based solely on academic achievement; that it should provide access to the opportunity of a field trip to as many students as possible, irrespective of their academic standing.

Academic- neutral criteria for eligibility were developed and included in the ag reement. Establishing and implementing a field trip within BPUSD is a result of many factors, including the initiative of the administration and teachers of each of the schools; the fund -raising efforts of students and parents, and the logistical complexit y of the field trip itself. For the more complex field trips like a visit to Sacramento or Washington DC, BPUSD would retain a third -party planner entity to organize the trips.

The contractual relationship per the agreement will be between the City and BPUSD, with third parties having a direct agreement with BPUSD.

In order to provide flexibility and adapt to how actual field trips will develop and materialize in the course of the next four school years, the agreement contemplates three different options of field trips that would be eligible for funding under the agreement.

a. Option #1 – More Students Attending Existing School Field Trips

i. Support schools so more students can attend existing fieldtrips.

ii. Allocate funds proportionally to each school based on student enrollment.

b. Option #2 – Additional School-Level Field Trips Offered at Each Site

i. Support schools by offering new fieldtrips that have not occurred in the past.

ii. Allocate funds proportionally to each school based on student enrollment.

c. Option #3 – New District-Level Field Trips Offered Centrally

i. Organize district-wide special excursion field trips.

ii. Allocate an assigned number of spots for each school, based on the levels, elementary, middle, or high school.

iii. Individual students would complete an application process.

iv. The selection process would be based on a rubric.

The Agreement provides for the City to advance a $15,000 start -up payment that will serve as a revolving fund for BPUSD to defray costs until reimbursement payment is remitted by the City.

ALTERNATIVES
City Council may decide not to approve this Staff Report.

LEGAL REVIEW
City Attorney has reviewed the MOA and the Staff Report.

ATTACHMENT

1. Memorandum of Agreement (MOA) between City of Baldwin Park and the Baldwin Park Unified School District- City Financial Assistance for Educational Field Trips. 1 City of Baldwin Park and Baldwin Park Unified School District Agreement Field Trip Financial Assistance Program using American Rescue Plan Act (ARPA) October 2022

EXHIBIT A
Procedures for the Distribution of Funds and the Organization of Field Trips

Overview of Program
The Baldwin Park Unified School District (BPUSD) and the City of Baldwin Park (City) enter this Memorandum of Agreement (MOA) regarding Student Study Trips (field trips) effective October 26, 2022, through December 31, 2026. At the April 20, 2022 City Council Meeting, the council voted to appropriate $120,000 of ARPA funds to the BPUSD to offer field trips. The intent of the funding is to provide additional opportunities above and beyond the base number of field trips previously offered by BPUSD so as to increase student access to these engaging learning experiences.

A. Procedures for Release of Funds

1. Funds will be authorized on a case by case basis (field trip by field trip).

2. BPUSD will request of the City via a memorandum a funding level for the field trip of interest.

a. For existing field trips that will include more students, BPUSD may request an amount not to exceed 50% of the total cost of the trip.

b. For new field trips (non-existent in past practice), BPUSD may request up to 100% of the total cost of the trip.

3. BPUSD shall indicate the basis by which the request is being made; specifically, to help defray the cost on behalf of students who would not be able to afford the cost of the trip otherwise.

4. BPUSD shall submit its request to the City at least 30 days prior to the date of the trip taking place.

5. City shall conduct its review and decision in consideration of approval in advance of the trip on a timely basis.

6. City shall provide an advanced allocation of $15,000 to assist with start-up funds for the initial implementation of the field trip program. Thereafter, BPUSD shall front-fund the cost of each field trip and submit documentation for reimbursement.

7. BPUSD shall submit basic documentation to attest to the fact that the field trip has taken place and submit an invoice, with applicable receipts, for the amount granted.

8. City shall transmit the Funds on a reimbursement basis, and the amount shall be that for which approval was granted in advance.

9. Memorandum for Reimbursement shall be signed by the BPUSD Superintendent or designee and shall be addressed to the City Chief Executive Officer, with copy to the City Director of Finance.

10. City shall make funds available until the amount authorized by the City Council has been exhausted ($120,000) or until December 31, 2026, whichever occurs earlier. 2 B. Organization of Field Trips

1. BPUSD will have the authority to select field trips that meet instructional needs and align with BPUSD goals and objectives.

2. BPUSD will determine which schools, grade levels, programs, and/or individuals are selected to participate in applicable field trips.

3. BPUSD will ensure that the field trips receiving City funding are designed to provide access to a larger number of students or are initiated to create more opportunities that students would not usually get in a typical school year.

4. All field trips will be conducted according to the BPUSD Student Study Trip guidelines, procedures, and documentation.

5. In the event that BPUSD contracts with a third party entity to organize any field trips, the City shall not be a party to said contract.

6. Methods for ensuring expansion of field trip access might include, but are not limited to, one or more of the following approaches/options:

a. Option #1 – More Students Attending Existing School Field Trips

i. Support schools so more students can attend existing fieldtrips.

ii. Allocate funds proportionally to each school based on student enrollment.

b. Option #2 – Additional School-Level Field Trips Offered at Each Site

i. Support schools by offering new fieldtrips that have not occurred in the past.

ii. Allocate funds proportionally to each school based on student enrollment.

c. Option #3 – New District-Level Field Trips Offered Centrally

i. Organize district-wide special excursion field trips.

ii. Allocate an assigned number of spots for each school, based on the levels, elementary, middle, or high school.

iii. Individual students would complete an application process.

iv. The selection process would be based on a rubric

City ARPA Funds must be committed by December 31, 2024 and must be utilized by December 31, 2026.

The execution of this agreement will represent the commitment of the funds. 1 MEMORANDUM OF AGREEMENT

BETWEEN

CITY OF BALDWIN PARK
AND

BALDWIN PARK UNIFIED SCHOOL DISTRICT

REGARDING
Baldwin Park City Financial Assistance for Baldwin Park Unified School District
Student Field Trips: American Rescue Plan Act (ARPA) Community Fund

October 26, 2022

PURPOSE: The purpose of this Memorandum of Agreement (hereafter referred to as “MOA”) is to enter into an agreement between the Baldwin Park Unified School District (hereafter referred to as “ BPUSD”) and the City of Baldwin Park , a public body, corporate and politic (“City”).

1. This MOA is entered into in a spirit of cooperation by the signatory agencies in order to maximize utilization of resources in ser ving the citizens of City and the children of the BPUSD . It is understood that the development, implementation and ultimate success of this MOA requires mutual trust and teamwork between agencies working together to accomplish common goals.

The intent of this MO A is to establish the partial funding for BPUSD field trips and a proced ure for implementing the transfer and accounting of funds exchanged between BPUSD and the City.

2. PARTIES:

a. The Parties to this MOA are:

Baldwin Park Unified School District
3699 Holly Street
Baldwin Park, CA 91706
Attn: Froilan N. Mendoza, Ed.D.

Superintendent of Schools
(626) 962-3311
And
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Attn: Enrique C. Zaldivar, PE
Chief Executive Officer
(626) 813-5204

2 3. DURATION OF AGREEMENT: This MOA shall become effective on October 26, 2022. City ARPA Funds must be committed by December 31, 2024 and must be utilized by December 31, 202 6, which is the date the AR PA Funds will expire. The execution of this agreement will represent the commitment of the Funds.

a. Modification: This MO A may be modified with the approval of both parties, provided both parties sign the revised agreement. A modification request must be presented in writing, 30 days prior to effective date.

b. Termination: For non -mandated partnerships, either party may terminate its participation in this MO A without cause by providing 30 - day written notice by a nationally recognized overnight delivery service with delivery to, personal service at, or mail to, th e addresses in Section 2. The 30 days will begin on the date of perso nal service, the date placed with the overnight delivery service or the date of mailing as applicable.

c. Extension: This MO A may be extended by written agreement between both parties, pro vided such agreement is signed by both parties prior to the termination date and contains the following:

i. A statement of intent to continue the provisions of the MOA; ii. Revised effective and termination dates and
iii. Dated signature of the signatory’s designee.

4. INDEMNIFICATION:

a. The City shall indemnify , defend and hold harml ess BPUSD, its officers, agents and employees from all liability, to the extent related to the City’s negligent acts, errors, omissions or those of its employees or agents under this agreement.

b. BPUSD shall indemnify and hold harmless the City, its officers, agents and employees from all liability, to the extent related to BPUSD negligent acts, errors, omissions or those of its employees or agents under this agreement.

5. PARTNERSHIP PROVISIONS: Both BPUSD and the City have certain rights and responsibilities as outlined below:

a. Scope of Services : Both parties agree to perform during the term of this MOA, the task, obligations, and services set forth in the “Scope of Services” attached to and incorporated into this MOA as Exhibit “A”. 3 b. Dispute Resolution : Al l parties shall first attempt to resolve disputes informally. Any party may call a meeting to discuss and resolve disputes.

All dispute resolutions must be approved by BPUSD’s Superintendent to be binding on the BPUSD. If the dispute is not resolved, it shall be worked on by the Superintendent who will work cooperatively with the City’s Chief Executive Officer to resolve the issue. While informal dispute resolution is preferred, it shall not be a condition precedent to filing a lawsuit.

c. Governance: BPUSD consists of students, employees and parents and a Board of Directors . Therefore, the governance of BPUSD requires cooperative involvement of all partners. The BPUSD’s Executive Leadership shall endeavor to see that all contractual, fiscal and legal provisions are adhered to and that the field trip program remains fully operational as outlined in Exhibit A. The City Executive Leadership shall ensure that their staff provide s the fundi ng outlined in Exhibit A and participates as outlined in the Exhibit A.

6. OPERATIONAL PROVISIONS:

a. Both parties shall be committed to health and safety requirements and to providing equal access to services by persons with disabilities.

b. Both BPUSD and the City will support each other’s Mission, Vision and Values. It is un derstood that each organization has specific performance goals that they are striving to meet and that supporting each other through training and team work will result in increased achievement by all partners.

c. All parties agree to adhere to all BPUSD, local, state, and federal laws and regulations related to student study trips, field trips, and this field trip program.

7. INSURANCE AND SUBROGATION:

a. Both BPUSD and the City will maintain at least $2,000,000 aggregate General Liability Insurance or be se lf-insured. Both BPUSD and City, to the extent applicable, will provide proof of insurance to the other.

b. Proof of Coverage : The City is self-insured, and will provide adequate evidence of financial viability of such self-insurance coverage and such evidence must be updated annually.

c. BPUSD and the City each agree to provide a waiver of subrogation for the other in the event of any property or liability loss or damage caused to BPUSD or the City, by the other.
4 8. CONFIDENTIALITY:

a. The names of any studen t who benefits from the field trip program will be confidential.

b. All staff of both BPUSD and the City will respect confidentiality of all persons served.

9. RELATIONSHIP OF THE PARTIES:

a. Notwithstanding any term(s) or terminology used in this Agreemen t nothing in this Agreement shall be construed as creating the relationship of employer -employee or establishing any trust, partnership or joint venture arrangement between BPUSD and the City. Nothing in this Agreement shall deprive or otherwise affect th e right of either party to conduct business activities which may be competitive with the services to be provided hereunder.

b. BPUSD and the City shall each be responsible, respectively, for the assessment, qualifying, hiring, management, compensation and/ or termination of employment of their respective employees who may provide any of the services contemplated by this Agreement. Nothing in this Agreement is to be construed to create any co -employment of any BPUSD and/or the City employee by the other.

10. NON-DISCRIMINATION: Both BPUSD and the City agree to comply with all Federal and State statues that prohibit discrimination. The parties certify that all persons employed by and customers serv ed by the BPUSD and the City, or affiliates shall be treated equal ly without regard to race, religion, ancestry, national origin, sex, age, disability, marital status, political affiliation or beliefs.

11. CODE OF CONDUCT: Both parties agree to uphold ea ch other’s code of conduct/ethics and maintain the highest levels of integrity when serving as a representative of their organization.

12. FACILITIES USE: None

13. AUTHORITY: The individuals signing below have the authority to commit the party they represent to the terms of this MO A and its attachments and do so commit by sign ing. This agreement is not in effect until it is signed by representatives of both BPUSD and The City.

5 SIGNATURES

Signature: Date:

Printed Name & Title: Froilan N. Mendoza

Agency: Baldwin Park Unified School District

Address: 3699 N. Holly Ave., Baldwin Park, CA 91706

Telephone: (626) 962-3311

Signature: Date:

Printed Name & Title: Emmanuel J. Estrada, Mayor

Agency: City of Baldwin Park

Address: 14403 E Pacific Ave., Baldwin Park CA 91706

Telephone: (626) 813-5204

Attachments: Exhibit A

ITEM NO. ________4_________

STAFF REPORT

TO: Honorable Mayor and City Council Members
FROM: Sam Gutierrez, Director of Public Works
DATE: October 19, 2022
SUBJECT: Accept Plans and Specifications and Award of Contract for the Susan Rubio Zocalo Park and Civic Center Plaza , City Project No. CIP 22-043

SUMMARY
The purpose of this staff report is to consider and accept the plans and specifications and authorize an award of contract for the construction of the Susan Rubio Zocalo Park and Civic Center Plaza, City Project No. CIP 22-043 to PCN3, Inc. of Los Alamitos, CA in an amount of $11,030,000.00.

This transformative project will renovate existing underutilized street and parking area and create open green space for the construction of a passive park featuring a walkable plaza for public gatherings and City events. The project calls for the grading and relandscaping of approximately

2.75 acres of land fronting City Hall, between Pacific Avenue and Sterling Way including the removal of street right-of-way, as well as, removal and replacement of existing sidewalk, curb and gutter, parkway landscaping, driveway approaches and curb accessible ramps. Construction improvements along the main plaza area, west of Maine Avenue , include a new Pavilion with seating and gathering space, and construction of a new retail building with parking. A pedestrian walkway with new decorative lighting and interpretive art panels will be constructed connecting the plaza along the east and west sides of Maine Avenue and will expand into the main plaza creating a safe and walkable path . Improvements to Maine Avenue include narrowing of thru- traffic lanes, installation of a new pedestrian crossing traffic signal, installation of bike lanes, cold mill and asphalt concrete overlay, park signage and pavement striping. If this item is approved, the project will be incorporated into the City’s Capital Improvement Program (CIP) for fiscal year 2022-2023.

RECOMMENDATION
Staff recommends that the City Council:

1. Accept project plans and specifications and incorporate the project into the City’s 2022- 2023 Capital Improvement Program as CIP No. 22-043; and

2. Approve and award the construction contract to PCN3, Inc. of Los Alamitos, CA in the amount of $11,030,000.00; and

3. Approve a Not -to-Exceed amount of $ 36,000 for the demolition of the existing vacant building at 14349 Pacific Ave; and

5. Authorize the Director of Finance to appropriate Measure W Funds to account no. 258-50- 520-58100-55022 in the amount of $1,000,000.00, SB1 Funds to account no. 256-50-520- 58100-55022 in the amount of $1,500,000.00, and Quimby Funds to account no. 234-50- 520-58100-55022 in the amount of $ 1,100,000.00, ARPA Funds to account no. 275-50- 765-58100-55022 in the amount of $1,200,000.00, a loan from Future Development Fund to account no. 200-50-520-58100-55022 in the amount of $1,500,000.00 with interest free that will be paid back from revenue generated through leasing of retail space; and

6. Authorize the Mayor and City Clerk to execute the contract for the Susan Rubio Zocalo Park and Civic Center Plaza Project.

FISCAL IMPACT
There is no impact to the General Fund. The following table lists the funds available. Additional appropriations from Measure W, SB1, Quimby , APRPA and Future Development Funds will be necessary to meet budget as shown in the tables below:

Estimated Construction Costs Amount
Construction Contract $ 11,030,000.00
Demolition of Existing Vacant Building $36,000.00
Contingency and Construction Administration, Management and Inspection $ 775,000.00 Total Construction Budget $11,841,000.00

Balance of Approved Funds Amount
State of California General Fund Specified Grants Program, Natural Resources Agency, Parks Department, Fund #270 $5,541,000.00
Total Funding $5,541,000.00

Requested Funds Amount
Measure W – Fund #258-50-520-58100-55022 $1,000,000.00
Quimby – Fund #234-50-520-58100-55022 $1,100,000.00
SB1 – Fund #256-50-520-58100-55022 $1,500,000.00
ARPA – #275-50-765-58100-55022 $1,200,000.00
Future Development – Fund #200-50-520-58100-55022 $1,500,000.00 Total Requested Appropriations $6,300,000.00

BACKGROUND
During her tenure as a councilmember in the City of Baldwin Park City Council, Senator Susan Rubio, recognizing the need for the community to have a safe, prominent and accessible open space in which to gather and engage, and offered the idea of a Civic Plaza. In June 2014, with direction from the City Council, design concepts for the proposed Civic Plaza were commissioned from LA Canada Design Group (LCDG) which was at the time the on-call architectural firm. The concept plans were presented to the City Council in a Special Meeting held on September 23, 2014. Subsequently, the City Council approved a Professional Services Agreement (PSA) with LCDG for the development of design documents. On January 21, 2015, an amendment to the PSA was approved by the City Council to expand the initial scope of services to include the preparation of construction documents (bid-ready) with inclusion for retail space, pavilion deck, water feature and a walkway “paseo” connecting the Civic Plaza to Ramona Boulevard on the north side and to City Hall on the east side. As part of the process, LCDG and City Staff conducted several public input meetings in which the project was relatively well received by the community.

It was during these community meetings that the Civic Plaza came to be known as the “Zocalo” (which in Mexican Spanish represents a public plaza).

The initial set of construction documents were completed by LCDG in June 2015. However, due to the shifting of priorities, the project was set aside, in order to accommodate an Exclusive Negotiating Agreement (ENA) with a developer for the development of single-family homes. Due to this development, the project was never submitted for plan check or permitting. The ENA with the developer eventually failed to materialize and expired. In November 2017, soon after the expiration of the ENA, staff brought the project back to the City Council for consideration, but the project was subsequently shelved due to lack of funding and other priorities.

On July 12, 2021, considering the State of California’s budget surplus for FY21/22 estimated at over $40B, Governor Newsom, signed Senate Bill 129 (SB 129) known as the Budget Act of 2021 into law. Continuing her advocacy for the Civic Plaza project, Senator Rubio, through SB 129’s General Fund Specified Grants program, made funding available to the City in an allocation of $6,000,000 for park funding to be used toward the construction of the Civic Plaza. The allocated funds immediately made the project viable by eliminating its biggest hurdle. On November 17, 2021, the City Council adopted a Resolution, approving the application for Specified Grant Funds and securing a contract with the State of California for the City to receive the funds in the FY 21/22 State Budget. In recognition of Senator Rubio’s efforts to make the project a reality , the City Council directed staff to present a staff report for consideration to name the Zocalo Park and Civic Center Plaza Project after Senator Susan Rubio. On July 20, 2022, the City Council approved the nomination to name the project as the Susan Rubio Zo calo Park and Civic Center Plaza.

DISCUSSION
With the initial round of funds at hand, Staff revisited the project to assess the feasibility for moving forward. Staff found, among other items, that the original set of project plans were outdated and had to be updated to meet the current Building C ode standards. Also, the plans were never submitted for plan check to the City’s Building Department nor were they submitted for third-party agency plan che ck as well. Additionally, the project lacked CEQA (California Environmental Quality Act) environmental review which is a grant requirement.

These circumstances prompted staff to reach out to the original designer of record, LCDG, which was most familiar with the project and therefore best equipped to assist the City to make the necessary adjustments and finalize the construction documents in order to take the project to bid.

On December 15, 2021, LCDG presented four alternative options to the City Council to examine various traffic and design layout strategies for Pacific Avenue and Maine Avenue. City Council approved moving forward with the original design (Option 1) for Zocalo Plaza with redesign consideration of water conservative features such as irrigation and the fountain.

On February 16, 2022, the City Council awarded a Professional Services Agreement (PSA) to LCDG to finalize the construction documents with the original set to be revised as required by latest code updates and to process several iterations of third-party plan check review submittals.

The PSA also tasked LCDG and team to provide a utility survey of the site, including subsurface infrastructure scans and meetings with utility companies . Additionally, a traffic study of the existing conditions, and the projected impact of the design on traffic patterns, was added to the scope.

On April 13, 2022, the Public Works Director executed a Task Order for peer review plan check services for the revised Zocalo Plaza Project under the city’s current On -Call Consulting Engineering Services Agreement. The Task Order included plan checking services for the submittal of landscaping, civil, and building submittals for the Zocalo Plaza . The on-call design services tasked with plan checking included: RKA Consulting and David Evans and Associates.

On April 13, 2022, the Public Wo rks Director also executed a Task Order for the preparation of CEQA review and preparation of the environmental documents for the project, under the City’s current on-call consulting services contract. Ultra Systems, Inc. was the consultant selected and the CEQA environmental documents w ere completed on September 19, 2022, with a final Categorical Exempt (CE) determination.

The environmental documents also determined that the vacant property located at 14349 Pacific Ave, that was built in the 1940’s, does not retain sufficient historical characteristics to be considered eligible for listing in the National Register of Historic Places or the California Register of Historical Resources.

On September 20, 2022, the construction documents were substantially completed and deemed to be bid-ready. To provide flexibility for funding options , the bid was formatted into sections comprised of separate line items for “Base Bid” and “Alternate Bid”. This bid format is typically used to assess how much scope can be added or subtracted from the project, but it can also help address fluctuating market conditions to allow the construction budget to be met and contract to be awarded , particularly given the current erratic climate of the construction industry . The project’s base bid includes construction work for the East and West (main) Plaza and all-inclusive street improvements along Maine Avenue and Pacific Avenue. The alternate bid includes the retail space, water feature and flower trellises.

On September 21, 2022, the City published a notice inviting bids for the project in the San Gabriel Tribune and posted the construction documents on the Planet Bids platform to solicit prospective bidders for the construction of the project.

On October 12, 2022, the project bid was publicly opened and a total of one (1) bid was received.

PCN3, Inc. of Los Alamitos, CA was the single contractor to submit a bid in response to the notice inviting bids. The total amount of the Base Bid was $8,980,000. The bid submitted has been subsequently checked for errors and determined to be a valid and responsive bid. Staff also verified the appropriateness of the bid and vetted the contractor’s references and credentials.

Moreover, staff reviewed the base and alternate bid line items for completeness and developed various construction scenarios that met the goals and intent of the project. Considering the use of alternate bid items , Staff is recommending that the project scope focus solely on the construction of the main plaza area including the street improvements along Maine Avenue and Pacific Avenue. This option would eliminate the portion of the plaza adjacent to City Hall east of Maine Avenue in favor of including the construction of the retail building. This approach would allow for the west plaza area to be completed without the necessity to phase the retail building into a future project. Although Staff’s recommended option exceeds the available budget, staff has identified potential funding sources that could be appropriated in order to move forward with the project. Th e identified funding sources are outlined in the fiscal impact section of this Staff Report for Council’s Consideration. If approved the work is anticipated to commence in January 2023.

LEGAL REVIEW
None Required.

ALTERNATIVES
In addition to Staff’s recommended option, the City Council may also consider any of the following alternatives:

1. Award the construction contract per the Base Bid only. This alternative keeps the bid intact as it was noticed without consideration of any of the alternate bid line items. The project will include construction of the main plaza, east plaza and street improvements and will not include the retail space, water feature or flower trellises. The total construction budget required for this alternative is $9,833,100.

2. Award the construction contract for the Base Bid excluding the east plaza improvements.

This alternative will include the construction of the main plaza and street improvements and will not include the east plaza adjacent to City Hall, the retail space, water feature or flower trellises. The total estimated construction cost for this alternative is $8,026,350.

3. Provide Staff with alternate direction.

ENVIRONMENTAL REVIEW
The subject project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 32 (Section 15332, In-Fill Development), for meeting the five conditions set forth under section 15332, which include: the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designations and regulations under sub section, the proposed development occurs within the city limits on a project site of no more than five acres substantially surro unded by urban uses, the project site has no value, as habitat for endangered, rare of threatened species, and the approval of project will not result in any significant effects relating to traffic, noise, air quality, or water quality. In addition, none of the exceptions to categorical exemptions set for in CEQA guidelines Section 15300.2 apply to the proposed project.

ATTACHMENTS

1. Contract agreement with PCN3 Inc.

Section C

CONTRACT DOCUMENTS

CONTRACT SERVICE AGREEMENT FOR

SUSAN RUBIO ZOCALO PARK AND CIVIC CENTER PLAZA

THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of __ , 2022 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and (herein "Contractor"). The parties hereto agree as follows:

R E C I T A L S

A. City requires removal, replacement, installation, and construction of new retail building, pavilion, and site work such as asphalt pavement, curb and gutter, sidewalk, curb ramp, detectable warning surface, landscaping and Irrigation, sign and post, site furniture, traffic safety improvements, traffic control, traffic striping, signage, marking and curb painting, utilities, wayfinding signs. Contractor has represented to City that Contractor is qualified to perform said services and has submitted a proposal to City for same.

B. City desires to have Contractor perform said services on the terms and conditions set forth herein.

NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:

1. SERVICES OF CONTRACTOR

1.1 Scope of Services – In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the Special and Technical Provisions, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.

1.2 Documents Included in Contract – This contract consists of the Notice Inviting Bids and Instructions to Bidders, Bid Documents, Proposal Schedule, Bid Bond (Bidder’s Guarantee), Designation of Sub-contractors, Statement of Non-collusion by Contractor, Certification of Principal, Supplemental Information, Specifications, Plans, this Contract Services Agreement, Faithful Performance Bond, Labor and Materials Bond, Warranty Bond, Guarantee, Tax Identification Form, Workers’ Compensation Certification, and any and all schedules and attachments to it which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern.

1.3 Compliance with Law – All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees, and Assessments – Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. Contractor shall be responsible for all sub-contractors' compliance with this Section.

1.5 Familiarity with Work – By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.

1.6 Care of Work – The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.

1.7 Further Responsibilities of Parties – Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all sub-contractors to comply with the provisions of this agreement.

1.8 Additional Services – City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty-five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.

1.9 Special Requirements – Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit “A through C” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “A through C” and any other provisions of this Agreement, the provisions of Exhibit “A through C” shall govern.

1.10 Prevailing Wages Laws – In accordance with Labor Code Section 1770 et seq., the director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the office of the City Clerk and is hereby incorporated in this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.

2. COMPENSATION

2.1 Contract Sum – For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of ($ _) (herein "Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

2.2 Progress Payments - Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence – Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance – Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "A", if any, and incorporated herein by this reference. When requested by the Contractor, the Contract Officer may approve extensions to the time period(s) specified in the Schedule of Performance in writing.

3.3 Force Majeure – The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and

conclusive upon the parties to this Agreement.

3.4 Term – Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer.

4. COORDINATION OF WORK

4.1 Representative of Contractor – The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

__ _ _
__ ____ _

It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

4.2 Contract Officer – The Contract Officer shall be such person as may be designated by the City Manager or City Engineer. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Assignment – The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

4.4 Independent Contractor – Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its sub-contractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, sub-contractors, servants, representatives, or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at

any time or in any manner represent that it or any of its sub-contractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

4.5 Identity of Persons Performing Work – Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

4.6 Utility Relocation – City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

4.7 Trenches or Excavations – Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.

a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

b. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement. c. That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance – The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:

Coverage (Check if applicable)

Minimum Limits

(X) Comprehensive General Liability Insurance (including premises and operations) $1,000,000 per occurrence combined single limit

( ) Contractual Liability Insurance Products Liability
Insurance
$1,000,000 limit

(X) Comprehensive Automobile Liability Insurance (includes owned, non-owned, and hired automobile hazard $1,000,000 per occurrence combined single limit

( ) Professional Liability Insurance (providing for a
one- y e a r discovery period)
$1,000,000 limit

(X) Workers' Compensation/Employers'
Liability Insurance
Statutory $1,000,000 per occurrence

CONDITIONS:

In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of “A” minus or better. This insurance shall not be canceled, limited in scope or coverage or non-renewed until after thirty (30) days prior written notice has been given to the City Engineer, City of Baldwin Park, 14403 East Pacific Avenue, Baldwin Park, California 91706.

Any insurance maintained by the City of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy.

The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds.

Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements, is indeed authorized to do so by the insurance company.

If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the

extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.

Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its sub-contractor's performance of the work covered under this agreement.

Each contract between the Contractor and any sub-contractor shall require the sub- contractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1.

5.2 Indemnification – Contractor shall indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, sub- contractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City, its officers, agents or employees, and in connection therewith:

a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; b. Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor’s (or its agents’, employees’, sub-contractors’, or invitees’) negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;

c. In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City.

d. Contractor's duty to defend and indemnify as set out in this Section 5.2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or

the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub-contractors.

5.3 Labor and Materials, Performance and Warranty Bonds – Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond, a performance bond and a warranty bond, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

5.4 Sufficiency of Insurer or Surety – Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager.

5.5 Substitution of Securities – Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.

6. RECORDS AND REPORTS

6.1 Reports – Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.2 Records – Contractor shall keep, and require sub-contractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

6.3 Ownership of Documents – All drawings, specifications, reports, records, documents

and other materials prepared by Contractor, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

7. ENFORCEMENT OF AGREEMENT

7.1 California Law – This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

7.2 Disputes – In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 7.2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

7.3 Retention of Funds – Progress payments shall be made in accordance with the provisions of Section 2.2 of this agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City’s failure to deduct or withhold shall not affect Contractor’s obligations hereunder.

7.4 Waiver – No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative – Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action – In addition to any other rights or remedies, either party may take legal action, law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

7.7 Liquidated Damages – Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in subsection 6-9 of the Standard Specifications and the provisions of the Contract Specifications. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the scope of services. The City may withhold from any moneys payable on account of services performed by the Contractor any accrued liquidated damages.

7.8 Termination for Default of Contractor – If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

7.9 Attorneys' Fees – If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

8. CITY OFFICERS AND EMPLOYEES, NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees – No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest – The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination – Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

9. MISCELLANEOUS PROVISIONS

9.1 Notice - Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To City: City of Baldwin Park 14403
East Pacific Avenue
Baldwin Park, California 91706
Attention: City Engineer

To Contractor:
__ _
__ __
__ _

9.2 Interpretation – The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Integration; Amendment – It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

9.4 Severability – In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.5 Hiring of Undocumented Workers Prohibited – Contractor shall not hire or employ any person to perform work within the City of Baldwin Park or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States.

9.6 Unfair Business Practices Claims – In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or sub-contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.)

9.7 Corporate Authority – The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

9.8 Legal Responsibilities – The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor their officers, agents, or employees shall be liable at law or in equity as a result of the Contractor’s failure to comply with this section.

9.9 Termination for Convenience – The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:

1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.

2. Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover-off.

3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.

4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications, which were a part of the Agreement.

The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents, which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement

IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

CONTRACTOR:

By: By:
(Print Name)

Signature: Signature:

Title: Title:

Address: Address:

CITY OF BALDWIN PARK, a municipal corporation

By:

Emmanuel J. Estrada, MAYOR

ATTEST: APPROVED AS TO FORM:

By: ___________________________ __________________________________ City Clerk City Attorney

ITEM NO. ________5_________

STAFF REPORT

TO: Honorable Mayor and City Council members
FROM: Sam Gutierrez, Director of Public Works
DATE: October 19, 2022
SUBJECT: Approve Plans, Specifications and Authorize the Award of Contract to Yunex Traffic LLC, for City Project No. CIP 21- 197, Citywide Traffic Signal Battery Backup Systems (BBS)

SUMMARY
This item will accept plans and s pecifications for the project and authorize the award of a construction contract with Yunex LLC (dba Yunex Traffic) , in an amount of $292,500 for the Citywide Traffic Signal Battery Backup Systems (BBS) Project. The project consists of installing 28 Battery Backup Systems (BBS) at selected signalized intersections to enhance and maintain traffic signal operations during power interruption events.

RECOMMENDATION
Staff recommends that the City Council:

1. Accept project plans and specifications for City Project No. CIP 21-197; and

2. Approve and award the construction contract to Yunex LLC (dba Yunex Traffic ) of Riverside, CA in the amount of $292,500; and

3. Authorize the Director of Finance to appropriate Proposition C funds in the amount of $137,771.75 to account no. 245-50-520-58100-55000; and

4. Authorize the Mayor and City Clerk to execute the contract with Yunex LLC (dba Yunex Traffic), for the installation of 28 traffic signal Battery Backup Systems.

FISCAL IMPACT
There is no impact to the General Fund. The project is listed in FY2021-22 Capital Improvement Program (CIP) and will be carried over to the FY2022-23 CIP. The following table lists the funds available for CIP21-197:

Funds Available Amount
CIP21-197 Landscape and Lighting Maintenance District LLMD – Acct. #251- 50-520-58100-55000 $183,978.25
Appropriate Prop C –$145,158.25 from unappropriated Prop C funds to Acct #245-50-520-58100-55000 $137,771.75
Total Available $321,750.00

Construction Costs Amount
Construction Contract $292,500.00
Construction Contingency (10%) $29,250.00
Total Construction Budget $321,750.00

BACKGROUND
The City of Baldwin Park’s Traffic Signal and Street Lighting system is comprised of 60 traffic signal systems, approximately 430 streetlights, and 19 traffic control safety devices. Maintenance and operations of these systems is handled by the City’s Traffic Maintenance Division.

Operations include both preventative and routine monthly maint enance, as well as, after -hour

response for unscheduled and extraordinary work such as area-wide power outages, accidents, and other situations. Power outages are unpredictable and disrupt normal traffic signal operations which can lead to potential driver confusion. Current practices of responding to power failures are very basic, ranging from ‘do nothing’ to installing portable stop signs.

On February 17, 2021, City Council approved a Request for Service (RFS) for design, materials testing and inspection services with the City’s on -call consultant Infrastructure Engineers, Inc . (IE). Additionally, $260,000.00 were appropriated from the Landscape Lighting Maintenance District (LLMD) Fund 251 to cover both design and part of construction management. The amount of Purchase Order (PO) is $121,240.00, after design completion the remaining $45,218.25 will be used for construction.

DISCUSSION
The proposed project consists of twenty-eight (28) Battery Backup Systems (BBS) being installed at priority signalized intersections that do not have power backup systems to stay on in the event of electrical power outages. The systems will stay on for approximately 2-3 hours in normal operation and if power is not restored will go into flash mode for approximately 4-5 hours. This will help prevent traffic gridlock during rolling power outages. This is the first phase of the program with phase two expected to complete an additional 23 BBS on remaining traffic signal controllers.

A notice inviting bids for the project was advertised in the San Gabriel Tribune as well as on the City’s website bid portal. On September 8, 2022, a total of Three (3) bids were received and checked for errors, and all were determined to be valid. The following is a summary of the bids received:

No. Contractor Location Base Bid Amount
1 Yunex Traffic Riverside, CA $292,500.00
2 Crosstown Electrical & Data, Inc. Irwindale, CA $306,970.00 3 Select Electric, Inc. Vista, CA $310,311.00

The lowest responsive and responsible bid was from Yunex LLC (dba Yunex Traffic) of Riverside, California. Staff has checked and verified references and recommends that the City Council move forward with the award of contract for this project. If approved the work is anticipated to commence in November 2022.

LEGAL REVIEW
None Required

ALTERNATIVES

1. The City Council may choose not to award a construction contract, reject all bids and re-bid the project. This action is not recommended as re -bidding the project will delay the work and may result in increased costs.

2. Provide Staff with alternate direction.

The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use.

ATTACHMENTS

1. Plans and Specifications (copy held at the City Clerk’s office and available upon request)

2. Construction Contract

Attachment 1

C-1

Section C

CONTRACT DOCUMENTS

CONTRACT SERVICE AGREEMENT FOR
CITY PROJECT CIP NO. 21-197

C i t y- W i d e T r a f f i c S i g n a l B a t t e r y B a c k u p S y s t e m P h a s e 1 f o r
T w e n t y- E i g h t ( 2 8 ) I n t e r s e c t i o n s

THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this ______ day of ____________________, 2022 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and
"Contractor"). The parties hereto agree as follows:

R E C I T A L S
__________________________ (herein

A. City requires curb and gutter, sidewalk, curb ramp, detectable warning s urface, traffic signal system, traffic cont rol, construction surve y and staking, and traffic striping, signage, marking and curb painting. Contractor has represented to City that Contractor is qualified to perform said services and has submitted a proposal to City for same.

B. City desires to have Contractor perform said services on the terms and conditions set forth herein.

NOW, THEREFORE, based o n the foregoing Recitals and fo r good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:

1. SERVICES OF CONTRACTOR

C-2

1.8 Additional Services – City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or dedu cting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty-five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation, therefore.

1.9 Special Requirements – Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit “A and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “A” and any other provisions of this Agreement, the provisions of Exhibit “A” through shall govern.

C-3

2. COMPENSATION

2.1 Contract Sum – For the services render ed pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of ($____________________) (herein
"Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence – Time is of the essence in the performance of this Agreement.

3.3 Force Majeure – The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the con trol and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencemen t of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and C-4

conclusive upon the parties to this Agreement.

4. COORDINATION OF WORK

___________________________________
___________________________________
___________________________________

It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced, nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

4.4 Independent Contractor – Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its sub-contractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, sub-contractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at C-5

a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement.

c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

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5. INSURANCE, INDEMNIFICATION AND BONDS

Coverage (Check if applicable) Minimum Limits
(X)
Comprehensive General Liability Insurance
(including premises and operations)
$1,000,000 per occurrence
combined single limit
(X)
Contractual Liability Insurance Products Liability
Insurance
$1,000,000 limit
(X)
Comprehensive Automobile Liability Insurance
(includes owned, non-owned, and hired
automobile hazard
$1,000,000 per occurrence
combined single limit
( )
Professional Liability Insurance (providing for a
one year discovery period)
$1,000,000 limit
(X)
Workers' Compensation/Employers'
Liability Insurance
Statutory $1,000,000 per
occurrence
CONDITIONS:

In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted doing business in the State of California with a credit rating of “A” minus or better. This insurance shall not be canceled, limited in scope or coverage or non-renewed until after thirty (30) days prior written notice has been given to the City Engineer, City of Baldwin Park, 14403 East Pacific Avenue, Baldwin Park, California 91706.

Any insurance maintained by the City of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy.

The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds.

However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the C-7

a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;

b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor’s (or its agents’, employees’, sub-contractors’, or invitees’) negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;

c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agen ts or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City.

d) Contractor's duty to defend and indemnify as set out in this Section 5.2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or C-8

the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub-contractors.

5.4 Sufficiency of Insurer or Surety – Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are o f a fi nancial category Class VII or b etter, unless such r equirements are waived by the Risk Manager of the City due to unique circumstan ces. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under t his Agreement creates an increased ri sk of loss to the Ci ty, the Con tractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the rig ht to appea l a determination of increased coverage by the R isk Manager to the C ity Council of City within ten (10) days of receipt of notice from the Risk Manager.

6. RECORDS AND REPORTS

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6.3 Ownership of Documents – All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder.

Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

7. ENFORCEMENT OF AGREEMENT

7.2 Disputes – In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 7.2 shall be a condition precedent to bringing any legal action, and such compliance shal l not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

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The City may withhold from any moneys payable on account of services performed by the Contractor any accrued liquidated damages.

7.9 Attorneys' Fees – If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencemen t of such action and shall be enforceable whether or not such action is prosecuted to judgment.

8. CITY OFFICERS AND EMPLOYEES, NON-DISCRIMINATION

8.1 Non-liability of City Off icers and Employees – No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

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8.2 Conflict of Interest – The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

9. MISCELLANEOUS PROVISIONS

To City: City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, California 91706
Attention: City Engineer

To Contractor: ___________________________ ___
____________________________
____________________________
____________________________

9.3 Integration Amendment – It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

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9.6 Unfair Business Practices Claims – In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or sub-contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.)

1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.

2. Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover-off.

3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.

4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications, which were a part of the Agreement.

IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

CONTRACTOR:

By: By:
(Print Name) (Print Name)

Signature: Signature:

Title: Title:

Address: Address:

CITY OF BALDWIN PARK, a municipal
corporation

By:

Emmanuel J Estrada, MAYOR

ATTEST: APPROVED AS TO FORM:

By:

City Clerk City Attorney
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FAITHFUL PERFORMANCE

BOND PUBLIC WORK
(CALIFORNIA)

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the Principal and the Obligee have entered into a written contract, hereinafter called the Contract, a copy of which is or may be attached hereto, dated the ______ day of _________________________, 2022 referred to and made a part hereof for:

Furnish and install Battery Backup System (BBS) Including all required equipment, cables and accessories and all appurtenant work in accordance with specifications for PROJECT CIP NO. 21-197, which agreement requires the Principal to provide Obligee with this bond.

NOW THEREFORE, we, _______________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of _________________________, and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Baldwin Park, as Obligee, in the sum of _______________________________________________________ ______________________________ _ Dollars ($_________ ______________), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, and each of his or its sub-contractors shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, then this obligation shall be void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the oblige in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

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IN WITNESS THEREOF, we have hereunto set our hands and seals this day of ____________________, 2022.

(Corporate Seal) ________________________________________________ Principal

By______________________________________________

Title

(Corporate Seal) ________________________________________________ Surety

By______________________________________________

Title

APPROVED AS TO FORM:

_______________________________________________
City Attorney

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LABOR AND MATERIAL PAYMENT BOND

PUBLIC WORK (CALIFORNIA)

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, ________________________________________, as Principal, has entered into a contract dated ___________________, 2022, with the City of Baldwin Park (Obligee) referred to and made a part hereof to perform the following work, to wit: Furnish and install Battery Backup System (BBS) Including all equipment, required cables and accessories and all appurtenant work in accordance with specifications for PROJECT CIP NO. 21-197, which requires Principal to file this bond to secure claims made under Civil Code Section 3082 et seq.

NOW THEREFORE, we, ____________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of ______________________ and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Baldwin Park, as Obligee, and all sub- contractors, laborer s, material persons and other persons employed in the performance of the referenced agreement, in the sum of
______________________________________________________________________ _________ Dollars ($_______________________), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub-contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 3181 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub-contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.

As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.

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This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Civil Code Section 3082 so as to give them a right of action in a suit on this bond.

This bond is executed for the purpose of complying with the laws of the State of California designated as Title 15, Chapter 7, Works of Improvement, commencing with Section 3247 of the Civil Code of the State of California and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code of the State of California.

IN WITNESS THEREOF, we have hereunto set our hands and seals this day of _____________________, 2022.

(Corporate Seal) ________________________________________________ Principal

Title

(Corporate Seal) ________________________________________________ Surety

Title

(California Civil Code Sections 3248, 3225)

APPROVED AS TO FORM:

____________________________________________
City Attorney

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WARRANTY BONDS

PUBLIC WORKS

WHEREAS, the City Council of the City of Baldwin Park, State of California, and ________________________________________________, (hereinafter designated as "Principal") have entered into a written contract (the "Contract") dated ________________________ whereby Principal agrees to install and complete Furnishing and installing Battery Backup System (BBS) Including all equipment, required cables and accessories and all appurtenant work in accordance with specifications for PROJECT CIP NO. 21-197, which Contract is hereby referred to and made a part hereof; and

WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished.

NOW, THEREFORE, we, the Principal and _________________________________________, a corporation organized under the laws of ___________, and duly authorized to transact business in the State of California, as Surety, are held and firmly bound unto the City of Baldwin Park, (hereinafter called "City"), in the penal sum of ______________________________________Dollars, ($__________________) lawful money of the United States, which is 50% of the amount of the Contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney=s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

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IN WITNESS THEREOF, we have hereunto set our hands and seals this _____________________, 2022.
day of

______________________________________ ___
Principal
By Date
Signature

Title
__________________________________________
Surety
________________________ __________________
Address
__________________________________________
Phone Number
By Date
Signature

Title

APPROVED AS TO FORM:

City Attorney

STATE OF CALIFORNIA

COUNTY OF

On before me, , a Notary
Public, personally appeared , personally
known to me OR 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.

WITNESS my hand and official seal.

NOTARY PUBLIC

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ITEM NO. ________6_________

STAFF REPORT

TO: Honorable Mayor and City Council Members
FROM: Sam Gutierrez, Director of Public Works
DATE: October 19, 2022
SUBJECT: Accept Plans and Specifications and Award of Bid for City Project No. CIP 21-190 Foster Avenue and Pedestrian Rail Crossing Drainage Improvements

SUMMARY
This item will accept plans and specifications and authorize the award of a construction contract for the Foster Avenue and Pedestrian Rail Crossing Drainage Improvements , in an amount of $1,054,785.00. This project is listed in the approved Fiscal Year 2021-22 Capital Improvement Program (CIP 21-190) budget. The project consists of installing an underground stormwater capture chamber system that will collect and infiltrate surface water that ponds along Foster Avenue and the Metrolink rail right -of-way during the rainy season. The Project will also include the removal and replacement of existing sidewalk, curb and gutter, parkway landscaping, driveway approaches, curb ramps, and the coldmill and paving of the street segment within the project limits on Foster Avenue from Vineland Avenue to Maine Avenue.

RECOMMENDATION
Staff recommends that the City Council:

1. Accept Project plans and specifications for City Project #CIP 21-190; and

2. Approve and award the contract to CWS Systems Inc., of Pasadena, CA in the amount of $1,054,785.00; and

3. Authorize the Director of Finance to appropriate Measure W Fund # 258-50-520-58100- 15105 in the amount of $87,284.84; and

4. Authorize the Mayor and City Clerk to execute the contract for CIP 21-190 Foster Avenue and Pedestrian Rail Crossing Drainage Improvements

FISCAL IMPACT
There is no impact to the General Fund. The following table lists the funds available. Additional appropriations from Measure W will be necessary to meet total estimated project cost as shown below:

Estimated Construction Costs Amount
Construction Contract $1,054,785.00
Construction Contingency (10%) $107,499.84
Total Construction Budget $1,162,284.84

Approved Funds Amount
CIP 21-190 Measure M – Fund # 255-50-520-58100-15105 $550,000.00 Measure W– Fund # 258-50-520-58100-15105 $525,000.00
Total Funding $1,075,000.00

Additional Requested Funds Amount
Measure W - Fund #258-50-520-58100-15105 $87,284.84

BACKGROUND
The City’s Rail Crossings Safety Improvements Project consists of the construction and installation of safety improvements along main rail crossings at Merced Avenue, McDevitt Street, Foster Avenue and Pacific Avenue. This segment on the San Bernardino Metrolink line serves 38 weekday passenger trains and 4 weekday freight trains. The crossings are located near businesses, schools, and reside ntial neighborhoods with significant vehicular and pedestrian traffic. The main objective of the project is to improve the overall travel time for trains by reducing the potential for train -automobile and train-pedestrian collisions, thereby improving safety while at the same time reducing delays to passenger rail traffic, freight rail traffic, and motor vehicles and pedestrians traveling through crossings.

The improvements will bring the rail crossings up to current SCRRA (Metrolink) grade crossing safety standards and may include among other improvements, new raised median islands, additional warning devices with gate arms and cantilevered flashing signals, improved pavement, curbs, gutters and sidewalks with pedestrian warning devices such as pedestrian gate arms, emergency swing gates, channelization and other enhancements, right -of-way swing gates, signing and striping, and other roadway improvements. These facilities will be built to SCRRA standards with slight design deviations due to the existing site conditions and crossing geometry.

As part of the project, SCRRA has requested that certain drainage improvements be made to the Foster Avenue pedestrian crossing which is outside of the project limits and not within SCRRA’s right-of-way. Existing conditions are such that during a heavy rain event, stormwater run-off flows onto the rail right-of-way due to overflow when flooding in-and-around the cul -de-sac on both sides of the Foster Avenue exceeds current design capacity . The proposed project aims to alleviate this condition by diverting stormwater away from the rail right -of-way and onto City stormwater capture facilities.

DISCUSSION
On October 01, 2020, a Task Order for design services for this project was ex ecuted under the current On -Call Consulting Engineering Services Agreement. The Task Order included the preparation of a drainage study for the Foster Avenue pedestrian rail crossing and the preparation of Plans, Specifications, and Construction Estimate.

On April 29, 2022, the design plans and construction documents were completed, and the project was prepared for advertising. The project consisted of installing a new subdrain connection to the existing storm drain system with curb outlets, trench drains, Green Street elements, street improvements, and any necessary improvements to address the drainage areas of concern at the Foster Avenue and Pedestrian Crossing.

On May 2, 2022, CIP 21 -190 a notice inviting bids was published on the San Gabriel Valley Tribune and the City’s website . On May 24, 2022 , three bids were received and publicly read.

The apparent lowest bid received for this project was for $1,475,241.00 which significantly exceeded the construction estimate. Public works rejected all bids in July 2022 and worked with the design team to make changes and reduce the scope of the design improvements. Some of the items that were changed include: removal of rain gardens, and reduction in underground chamber system size, which contributed to lower constructi on quantities for removal and replacement of curb and gutter, sidewalk, driveways, landscaping, and excavations of earthwork and pavement.

On August 30, 2022, a total of two bids were received and checked for errors, and all were determined to be valid. The following is a summary of the bids received:

No Contractor Location Total Bid Amount
1 CWS Systems Inc. Pasadena, CA $ 1,054,785.00
2 All American Asphalt Corona, CA $ 1,449,310.00

The lowest responsive and responsible bid was from CWS Systems Inc of Pasadena, CA. Staff has checked and verified references and recommends that the City Council move forward with the award of contract with CWS Systems, Inc. for this project. If approved the work is anticipated to commence in late-October 2022.

LEGAL REVIEW
None Required.

ALTERNATIVES

1. The City Council may choose not to award a construction contract, reject all bids, and re-bid the project. This action is not recommended as re-bidding the project will delay the work and may result in increased costs.

2. Provide Staff with alternate direction.

ENVIRONMENTAL REVIEW
The subject project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) The key consideration for a Class 1 exemption is whether the proje ct involves negligible or no expansion of an existing use.

ATTACHMENTS

1. Contract agreement with CWS Systems, Inc.
19th

STAFF REPORT
ITEM NO. ________7_________

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Ron Garcia, Director of Community Development

DATE: October 19, 2022
SUBJECT: Adopt a Resolution Approving Side Letter Agreement between the City of Baldwin Park and the Baldwin Park Employees’ Association (CEA)

SUMMARY
This action would adopt a resolution implementing a revised work schedule for those employees assigned to the classifications of Community Enhancement Officer and Community Enhancement Supervisor; and allow for temporary lead pay upon the approval by the C EO, Department Directors/Managers as a result of the City’s need to periodically designate an Association member to serve in a lead capacity.

RECOMMENDATION
Staff recommends that the City Council approve and adopt Resolution No. 2022-057 and the Side Letter of Agreement between the City of Baldwin Park and Baldwin Park City Employees’ Association (CEA) to become effective retroactively to October 7th, 2022, consistent with the commencement of the new work schedule.

FISCAL IMPACT
The total annual fisca l impact is estimated at $2,656.25 for the Shift Differential. No additional appropriation is requested, and the department will absorb the additional cost within its current budget.

There is no projected cost at this time for the future use of the lead provision, and the associated costs will be absorbed by the department.

BACKGROUND
In March of this year, due to the urgent operational need to provide tighter enforcement of illegal sidewalk vending, along with an educational campaign on how venders can secure permits, work schedules for the Community Enhancement Officers and Supervisor were changed for a six -month period. Thereafter, scheduling needs of the officers would be evaluated based on the effectiveness of the program. Management determined the enforcement efforts of illegal sidewalk vending and educational outreach opportunities was not only effective in curtailing illegal vendors, but also provided a presence in the community on the weekend to respond to various enforcement matters.

In September, Management met with the Baldwin Park City Employees’ Association who represent the Community Enhancement Officers and Supervisor and agreed to a Side Letter Agreement to the MOU modifying the work schedule for the Community Enhancement Officers and Supervisor. The modified Community Enhancement Officers and Sup ervisor Work Schedule will include two (2) rotating schedules of two (2) pay periods on “A” shift, followed by two (2) pay periods on “B” shift. “A” shift consists of a regular Monday through Thursday 4/10 schedule from 7:30 a.m. to 6:00 p.m. “B” shift consists of a 4/10 Wednesday through Saturday schedule, with Wednesday and Thursday hours from 7:30 a.m. to 6:00 p.m.: and Friday and Saturday weekend hours from 9:30 a.m. to 8:00 p.m.

Additionally, the City discussed with the City Employees’ Association the need to periodically designate an Association member to serve in a temporary lead capacity. Typically, this would apply in those cases where an Acting or Interim Assignment is not necessary, and in which full supervision is not necessary. Rather, a l ead employee may assist with oversight of functions of the work unit, assign work to others, monitor work, train others, and make decisions within appropriate levels of authority granted. A lead employee continues to perform the work of their current clas sification, in addition to leading others within the work unit.

The attached Resolution and Side Letter Agreement would:

• Create a Shift Differential of an additional five percent (5%) for weekend hours worked comprised of any Friday or Saturday work schedule specifically for increase Community Enhancement Officers and Supervisors.

• Create a new Lead Pay provision of an additional 5%, which temporary salary increase shall be limited to six months, and shall be upon the recommendation of Department Directors/Managers and approval by the CEO.

• Allow the City to continue to monitor and evaluate the effectiveness of the new work schedule and disband the new schedule prior to the end of the term of the MOU at management’s discretion.

• Implement the new pay provisions retroactively effective October 7th, 2022.

ALTERNATIVES
City Council may decide not to approve this Staff Report.

LEGAL REVIEW
Council could provide staff alternative or direction to negotiate further.

ATTACHMENT

1. Resolution No. 2022-057

2. Side Letter

RESOLUTION NO. 2022-057

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK

APPROVING A SIDE LETTER AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND THE BALDWIN PARK CITY EMPLOYEES’ ASSOCIATION (CEA)

WHEREAS, the City of Baldwin Park and the Cit y Employees’ Association (“Association”) previously entered into a Memorandum of Understanding for the period of July 1, 2021 through June 30, 2024 which set forth the wage, hours and other terms and conditions of employment for employees represented by the Association; and

WHEREAS, as a result of the City’s need to implement a revised work schedule for those employees assigned to the classifications of Community Enhancement Officer and Community Enhancement Supervisor; and as a result of the City’s need to pe riodically designate an Association member to serve in a lead capacity for a limited duration, the City met and conferred in good faith to negotiate an Agreement as defined in the Side Letter Agreement, marked as Exhibit “A” and incorporated within this Resolution; and

WHEREAS, the current Memorandum of Understanding between the City of Baldwin Park and the City Employees’ Association shall remain in full force and effect with the Side Letter Agreement serving as an addendum to the current Memorandum of Understanding; and that the Side Letter Agreement shall remain effective through the end of the term of the current MOU, June 30, 2024, or sooner should the City determine that it is in the City’s best interest to disband the newly adopted “B” shift up on further study and evaluation as to its effectiveness.

WHEREAS, this approval and adoption of this Resolution shall enact the new terms and conditions of employment and related employee compensation as defined within Exhibit “A” retroactively effective October 7th, 2022.

NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby RESOLVE, DETERMINE AND ORDER as follows:

SECTION 1. That the City Council does hereby approve the Resolution adopting the SIDE LETTER AGREEMENT attached hereto as Exhibit “A.”

SECTION 2. That all Resolutions or portions thereof or any previous contract or agreement in conflict herewith are hereby repealed and superseded by the attached Exhibit “A”.

SECTION 3. That the City Clerk shall forward a co py of this resolution to the Human Resources Manager and certify to the adoption of this Resolution.

SECTION 4. That this Resolution shall go into effect retroactively on October 7th, 2022, upon adoption.

APPROVED AND ADOPTED THIS 19th day of October, 2022.

__________________________
Emmanuel J. Estrada,
MAYOR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.

CITY OF BALDWIN PARK

I, Marlen Garcia, City Clerk of the City of Baldwin Park, do he reby certif y that the foregoing Resolution No. 2022-057 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the 19th day of October, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCILMEMBERS:

_________________________________
Marlen Garcia,

CITY CLERK

ITEM NO. _____8_______

SUMMARY
The purpose of this staff report is to request the City Council to approve the implementation of the Cal-Card Program provided by U.S. Bank. One of the major benefits is the Virtual Pay program. It can automate some of the Accounts Paya ble which can reduce costs, eliminate fraud and increase quarterly rebate. It replaces checks and paper-based processes that allows the City to pay suppliers, vendors and contractors electronically which is highly secure and widely accepted.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the CAL-Card Program offered by U.S. Bank; and,

2. Authorize the Director of Finance to complete the application including an unsecured credit limit equal to 2 months of estimated expenditures or about $1,350,000 for the Virtual Pay program to automate some of the Accounts Paya ble; and the Cal -Card (plastic card /credit card). Limits on each card to each individu al to be assigned at the d iscretion of the Chief Executive Officer and Director of Finance not to exceed $15,000; and,

3. Authorize Chief Executive Officer to sign off on the documents including the application from U.S. Bank on behalf of the City.

FISCAL IMPACT
There is projected revenue between $65,000 to $100,0 00 from rebate by using the Cal -Card Program/Virtual Pay program.

BACKGROUND
U.S. Bank has partnered with State of California to offer unique solutions to meet the payment needs of state and loca l agencies. The CAL -Card Program provides the most comprehe nsive payment solutions, including Purchasing Ca rd, Managed Spend Card, Emergency Card, Ghost Cards, a nd Virtual Pay. Below is a summary of the benefits of using the CAL-Card Program:

• Commercial Grade Purchase Card program called the CAL Card in the State of California. • Publicly bid and awarded by the State of California since 2002. • VISA branded open only to state agencies, political subdivisions and higher education. • Interest-Free and zero annual fees, charge account must be paid in-full within 45 days of cycle ending date.
• U.S. Bank was the first bank-issuer of commercial card programs in 1989 and currently has over 3,300 public sector clients.

STAFF REPORT

TO: Honorable Mayor/Chair and Members of the City Council for the City of Baldwin Park and Housing Authority
FROM: Rose Tam, Director of Finance
DATE: October 19, 2022
SUBJECT: IMPLEMENT THE CAL -CARD PROGRAM OFFERED BY U.S.

BANK

2 • Pays an aggressive quarterly rebate of 1.35%, plus up to an additional .45% based on the speed of payment, times the quarterly spend.
• Provides a robust online card and transaction management tool called U.S. Bank Access Online.
• 24-hour customer service, an Implementation Project Manager, Relationship Manager, Technical Helpdesk.
• Favorable payment terms of 45 days to pay after cycle ending date. Up to 75 days of float. • The U.S. Bank Virtual Pay program can automate some of your Accounts Payable, which can reduce costs, eliminate fraud and increase your quarterly rebate.

ALTERNATIVE
City Council may choose not to implement the CAL-Card Program.

LEGAL REVIEW
Once approved, U.S. B ank will provide full application for the CAL-Card and will be reviewed by the City Attorney prior to submitting to U.S. Bank.

ATTACHMENT

1. Brochure on the CAL-Card

2. Cooperative Purchasing Master Agreement

Powerful solutions to help maximize
your payment performance
U.S. Bank has partnered with State of California to offer unique solutions to meet the payment needs of state and local agencies. Through the CAL-Card Program, we provide the most comprehensive payment solutions, including: Purchasing Card, Managed Spend Card, Emergency Card, Ghost Cards, and Virtual Pay.

U.S. Bank NASPO ValuePoint Commercial card
U.S. Bank’s NASPO ValuePoint Commercial Card Program, in existence since 2002, is a publicly bid and awarded contract for payment card services. This Visa® branded program is open to state agencies, political subdivisions, and higher education institutions.

The NASPO Program provides a standard contract to secure world-class Commercial card services and competitive rebates without conducting a costly and time consuming RFP and review process. The program offers a convenient way to obtain the services of a trusted card issuer with the commitment to service and experience your program deserves.

Experience
U.S. Bank was the first bank-issuer of commercial card programs in 1989 and has led the way in developing commercial card best practices that today are standard throughout the public sector. U.S. Bank offers commercial card and payment processor services to 21 state commercial card programs and more than 60% of the Federal Government. With more than 3,300 public sector clients, this is the market that drives our commercial card products, technology and service enhancements. Our client base within the public sector includes numerous Federal Government agencies, state government agencies, county and city governments and local municipalities.

U.S. Bank offers
commercial card
and payment
processor services to
more than 60% of the
Federal Government,
making us their largest
Commercial card
service provider.

Service
U.S. Bank is dedicated to providing skilled
personnel to support the strategic needs
of program participants. Our Relationship
Management and Client Services are
specifically dedicated to support a diverse
portfolio of Public Sector clients including
government agencies, cities, counties
and local municipalities. These resources
are prepared to provide a consultative
view of your procure to pay process and
support everything from strategic program
direction, implementation, training, and the
daily administrative needs of any new or
existing program participant.

Competitive rebates
The NASPO Program includes generous
revenue sharing opportunities, which
provide rebates to qualifying participants.

The rebate structure also provides for
rewards to each participant based on
its individual spending and payment
performance. Below are the rebates
available to NASPO participants.
• Standard and Non-Standard Volume
Incentive is 135 bps
• Prompt Payment Incentive is up
to 45 bps depending on speed of
reimbursement to the bank
• Payments are issued to participants on a
quarterly basis, and payable to the agency.

Features and benefits
Features Benefits
U.S. Bank Access® Online Use the Access Online system in real time to:
• Monitor cardholder transactions
• Review declined and disputed transactions
• Manage card limits and MCCs
• View electronic statements
• Access up to six years of reporting
• Attach electronic receipts
• Set effective dating for account maintenance and limit adjustments Worldwide card acceptance Visa® branded card allows for unparalleled purchasing access Mobile application Gives you anytime access to your account, so you can quickly manage and stay on top of your business expenses.

Visa® Liability
Waiver Program
Protects against eligible losses incurred should a terminated employee misuse the card Experienced
U.S. Bank Resources
Implementation Manager, Relationship Managers, and Account Coordinators provide consultation and issue resolution, allowing for full program optimization 24-hour customer service Offers unparalleled 24/7 cardholder assistance and fraud support Zero cost program No annual fee or interest charges
Favorable payment terms NASPO program allows for 45 days to pay, late payment penalties are 1% for each past due cycle or in accordance with the State Prompt Payment Act.

Reduced paperwork Increases efficiencies in the procurement process by reducing paper-based transactions for micro-purchases

CAL-CARD PROGRAM
usbank.com
©2022 U.S. Bank. All trademarks are the property of their respective owners. 01-0057-02-AZ (7/22) CAT -19684152
Contact U.S. Bank to get started

CAL-Card Commercial Card Program includes:

The NASPO program provides a standard contract platform for public sector participants to secure a number of payment services. These innovative solutions are supported by web-based program management tools that allow participants to securely access information 24/7, and proactively manage payables and travel expenditures.

Purchasing card
Helps reduce the time and costs
associated with traditional procure-to-
pay processes, eliminating paper-based
purchase orders and invoice processing.

Travel card
Provides an easy-to-implement and
manage payment and cost management
alternative for participants seeking to
increase efficiency and control. Offers
complete online account management and
reporting capabilities.

Virtual Pay
Replaces checks and paper-based
processes with cardless account
numbers that allow you to pay suppliers
electronically. Highly-secure and widely
accepted, this virtual payment method
gives you complete control over spending
amounts and timing while vastly simplifying
the reconciliation process.

Managed spend card
Covers expenses relating to buying trips,
product launches, events, incentive
programs, and others that often fall beyond
the scope of traditional purchasing and
travel card programs. Enjoy control with
firm credit limits, expiration dates and
restrictions by merchant category code
(MCC). It is an efficient way to manage
payments and limit risk.

Emergency cards
Provides specific cards you can activate
in case of an emergency to cover related
expenses such as urgent on-demand
payments or unexpected expenses at
headquarters, satellite offices and field
locations; remote employee purchasing
needs at disaster recovery hot sites and
emergency response team expenses.

Payment analytics
Provides enhanced reporting and analytics
that allow program managers to easily audit
and track payments and purchases as well as
detect potential fraud or misuse.

CAL-CARD PROGRAM

STAFF REPORT
ITEM NO. ________SA-1_________

TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of The City of Baldwin Park

FROM: Rose Tam, Director of Finance
DATE: October 19, 2022
SUBJECT: Successor Agency To The Dissolved Community
Development Commission of The City of Baldwin
Park Warrants and Demands

SUMMARY
Attached is the Warrants and Demands Register for the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park to be ratified by the City Council.

RECOMMENDATION
Staff recommends that the Board ratify the attached Warrants and Demands Register.

FISCAL IMPACT
The total of the attached Warrants Register for Successor Agency of the City of Baldwin Park was $20,905.84.
.

BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the departmen t head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released:

1. The August 5 to October 5, 2022, Successor Agency Warrant with check number 13589 through check number 13592 in total amount of $23,431.36 was made on behalf of Successor Agency of the City of Baldwin Park constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are herewith presented to the City Council as required by law, and hereby ratified.

LEGAL REVIEW
Not Applicable

ATTACHMENT

1. Check Register

STAFF REPORT
ITEM NO. _______SA-2__________

TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park
FROM: Rose Tam, Director of Finance
DATE: October 19, 2022
SUBJECT: Treasurer’s Report – August 2022

SUMMARY
Attached is the Treasurer’s Report for the month of August 2022. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City’s Investment Policy and the California Government Code.

RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for August 2022.

FISCAL IMPACT
None

BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.

LEGAL REVIEW
Not Applicable

ATTACHMENT

1. Exhibit “A”, Treasurer’s Report

AGENDA

BALDWIN PARK FINANCE AUTHORITY

REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706

October 19, 2022

7:00 PM

Emmanuel J. Estrada - Chair
Daniel Damian - Vice Chair
Alejandra Avila - Board Member
Monica Garcia - Board Member
Paul C. Hernandez - Board Member

PUBLIC COMMENTS
The public is encouraged to address the
City Council or any of its Agencies listed
on this agenda on any matter posted on
the agenda or on any other matter within
its jurisdiction. In accordance with
Chapter 39 of the Baldwin Park Municipal
Code, Speakers must address the
Council as a whole and refrain from
making impertinent, slanderous, or
profane remarks or disrupt the peace of
the meeting.

COMENTARIOS DEL PÚBLICO
Se invita al público a dirigirse al Concilio o
cualquiera otra de sus Agencias nombradas en
esta agenda, para hablar sobre cualquier asunto
publicado en la agenda o cualquier tema que
esté bajo su jurisdicción. De acuerdo con el
capítulo 39 del Código Municipal de la Ciudad
de Baldwin Park, los comentaros deben se
dirigidos al Concilio como una sola entidad, y no
ser impertinentes, difam
atorios, o profanos, o
interrumpir la paz de la reunión.

PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011 ext. 466 or via e- mail at [email protected].

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)

FINANCE AUTHORITY
REGULAR MEETING – 7:00 PM

CALL TO ORDER

ROLL CALL
Board Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Vice Chair Daniel Damian, and Chair Emmanuel J. Estrada

PUBLIC COMMUNICATIONS

THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL

The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staf f to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]

ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO

FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hecha s por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2]

If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on October 19, 2022 to [email protected]. You will be contacted by a staff member and will be granted 3 (three) minutes t o speak live during the meeting . If you are a non-English Speaker and require translation services in anoth er language other than Spanish, please indicate your request in your communication up to 48 hours prior to the meeting . If large numbers of persons wishing t o speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume.

CONSENT CALENDAR

1. Treasurer’s Report – August 2022
Staff recommends that the Board receive and file the Treasurer’s Report for August 2022.

ADJOURNMENT

CERTIFICATION

I, Marlen Garcia, Secretary of the Finance Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 13th day of October, 2022.

Marlen Garcia,
City Clerk

STAFF REPORT
ITEM NO. _________1________

TO: Honorable Chair and Board Members of the Financing
Authority
FROM: Rose Tam, Director of Finance
DATE: October 19, 2022
SUBJECT: Treasurer’s Report – August 2022

RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for August 2022.

FISCAL IMPACT
None

BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.

LEGAL REVIEW
Not Applicable

ATTACHMENT

1. Exhibit “A”, Treasurer’s Report

AGENDA

BALDWIN PARK HOUSING AUTHORITY

REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706

October 19, 2022

7:00 PM

Emmanuel J. Estrada - Chair
Daniel Damian - Vice Chair
Alejandra Avila Board Member
Monica Garcia - Board Member
Paul C. Hernandez - Board Member

COMENTARIOS DEL PÚBLICO
Se invita al público a dirigirse al Concilio o
cualquiera otra de sus Agencias nombradas en
esta agenda, para hablar sobre cualquier asunto
publicado en
la agenda o cualquier tema que
esté bajo su jurisdicción. De acuerdo con el
capítulo 39 del Código Municipal de la Ciudad
de Baldwin Park, los comentaros deben se
dirigidos al Concilio como una sola entidad, y no
ser impertinentes, difamatorios, o profano
s, o
interrumpir la paz de la reunión.

HOUSING AUTHORITY
REGULAR MEETING – 7:00 PM

CALL TO ORDER

ROLL CALL
Board Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Vice Chair Daniel Damian, and Chair Emmanuel J. Estrada

PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será el limite para hablar

THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL

PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a m atter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or sched ule matters for consideration at a future meeting. [Government Code §54954.2]

ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO

You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume.

CONSENT CALENDAR

1. Baldwin Park Housing Authority’s Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register.

2. Treasurer’s Report – August 2022
Staff recommends that the Board receive and file the Treasurer’s Report for August 2022.

ADJOURNMENT

PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for pub lic viewing and inspection at City Hall, 2 nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960- 4011 ext. 466 or via e- mail at [email protected].

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)

CERTIFICATION
I, Marlen Garcia, Secretary of the Housing Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 13th day of October, 2022.

Marlen Garcia,
City Clerk

STAFF REPORT
ITEM NO. ________1_________

TO: Honorable Chair and Board Members of the Housing
Authority
FROM: Rose Tam, Director of Finance
DATE: October 19, 2022
SUBJECT: Baldwin Park Housing Authority’s Warrants and Demands

SUMMARY
Attached are the Warrants and Demands Register s for the City of Baldwin Park Housing Authority to be ratified by the Board.

RECOMMENDATION
Staff recommends that the Board ratify the attached Warrants and Demands Register.

FISCAL IMPACT
The total of the Warrants and Demands for Housing Authority was $ 550,541.99.

BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the departmen t head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released:

1. The September 8 to October 5,2022 Warant check numbers 72629 through 72641 in the amount of $10,789.85 and Automated Clearing House (ACH) In the amount of $ 539,752.14 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified.

LEGAL REVIEW
Not Applicable

ATTACHMENT

1. Happy Check Register

2. Happy Check Register ACH

STAFF REPORT
ITEM NO. ________2_________

TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance
DATE: October 19, 2022
SUBJECT: Treasurer’s Report – August 2022

RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for August 2022.

FISCAL IMPACT
None

BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.

LEGAL REVIEW
Not Applicable

ATTACHMENT

1. Exhibit “A”, Treasurer’s Report

Baldwin Park City CouncilOctober 19, 2022

Baldwin Park City Council
October 19, 2022