TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation & Community Services
DATE: February 7, 2024
SUBJECT: Approval of Purchase from Game Room Specialists, Inc.
DBA A & C Billiards and Barstools for Seven (7) Billiard Tables
SUMMARY
The purpose of this staff report is for City Council to consider the purchase of seven (7) new billiard tables from Game Room Specialist, Inc. DBA A & C Billiards and Barstools.
RECOMMENDATION
It is recommended that the City Council:
1. Approve the purchase in the amount of $27, 975.94 with Game Room Specialist, Inc. DBA A & C Billiards and Barstools for seven (7) billiard tables; and
2. Authorize the Director of Recreation & Community Services to execute any associated documents needed for the purchase; and
3. Authorize the Director of Finance to appropriate funds included in the FY 23-24 CIP budget and make necessary adjustments to the budget.
FISCAL IMPACT
There is no fiscal impact to the General Fund at this time. FY 23-24 CIP budget includes a line item CIP22-031, fund allocation from the American Rescue Plan Act (ARPA), account number 275-60-765- 58110-56002 in the amount of $74,140.70. The purchase is in the amount of $27,975.94.
BACKGROUND
At their November 1, 2023, City Council Meeting, City Council approved Fiscal Year (FY) 2023 -2024 CIP budget, which includes CIP Project # 22-031 with an allocation from the American Rescue Plan Act (ARPA) funds for Games Room Equipment Upgrades in the amount of $74,140.70 (275 -60-765- 58110-56002.) Among the equipment slated for improvement are the billiard tables located in the game rooms of the Esther Snyder Community Center, Teen Center, and Barnes Park Famil y Recreation Center. The existing billiard tables have been in service since 2002 and have surpassed their expected lifespan. Given their extensive use over the past twenty -two years, it’s imperative to replace these tables to continue providing quality re creational services to the community. Additional gaming equipment will be purchased. If the procurement exceeds the signing authority of the Chief Executive Officer, the proposed items will be presented for consideration at a subsequent City Council meeting.
Below is the breakdown of the tables to be replaced.
Location Quantity
Esther Snyder Community Center 4
Teen Center 2
Barnes Park Family Recreation Center 1
Total Tables 7
Staff secured the following quotes from the vendors below to replace all seven (7) tables.
Vendor Quotes
Game Room Specialist, Inc. DBA A & C Billiards and Barstools $27,975.94 Orange County Billiards $28,650.91
West 8 Billiards & Gamesrooms $30,275.00
ALTERNATIVES
The City Council may elect not to approve the purchase.
ATTACHMENTS
None.
STAFF REPORT
ITEM NO. _____5_____
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation and
Community Services
DATE: February 7, 2024
SUBJECT: Waive Formal Bid Procedures and Authorize the
Purchase to Replace Air Conditioner Unit in Police
Department Server Room CIP24-045-56016
SUMMARY
The purpose of this staff report is for City Council to authorize the purchase with Honeywell Building Solutions for the replacement of an air conditioner (AC) unit in the Police Department (PD) Server Room as it would be uneconomical to follow purchasing procedures since the supplies are available through an existing award contract and previously completed the bidding process and (ii) the welfare of the public therefore would be promoted by dispensing with the purchasing procedures as allowed in the City’s Purchasing Ordinance Chapter 34 section 23 (C).
RECOMMENDATION
It is recommended that the City Council:
1. Waive formal bid procedures per the City’s Purchasing Ordinance No. 1101 and Baldwin Park Municipal Code Chapter 34 section 23 (C); and
2. Authorize the purchase in the amount of $27,411.10 from Honeywell Building Solutions; an
3. Authorize the Director of Recreation & Community Services to execute any other associated documents needed for the purchase; and
4. Authorize the Director of Finance to appropriate funds included in the FY 23-24 CIP budget and make necessary adjustments to the budget.
FISCAL IMPACT
There is no fiscal impact to the General Fund at this time. The total purchase is in the amount of $27,411.10 which includes installation. The total approved CIP budget amount is $50,000.00 from the AB74 Public Safety Enhancements CIP24-045-56016, account # 209-60-620-58100-56016.
BACKGROUND
At their November 1, 2023, City Council Meeting, City Council approved FY 2023 -2024 CIP budget, includes CIP24 -045-56016 with an allocation from the AB74 Public Safety Enhancements fund for Replacement of AC Unit in PD Server Room in the amount of $50,000. 00, account # 209 -60-620- 58100-56016. The AC unit plays a crucial role in preserving an optimal temperature within the server room. Its primary function is to cool the environment, counteracting the heat generated by numerous electronic servers and special ized equipment housed in the room. This AC unit ensures the efficient operation and longevity of the sensitive electronic components, safeguarding the overall functionality of the server room.
Honeywell Building Solutions participates in the General Services Administration (GSA)
Schedule. GSA is a U.S. government agency that manages and supports various federal functions, including procurement of goods and services for government agencies. The GSA plays a key role in providing workspace for federal employees, managing government buildings, and overseeing federal contracts. It aims to streamline government operations and improve efficiency in areas such as procurement, property management, and technology services.
The AC unit may be purchased under the GSA Schedule. Staff is requesting to waive the formal bid process to allow staff to procure with a State authorized supplier as per the City Purchasing Ordinance Chapter 34 section 23 (C) that reads as follows;
Whenever the Council finds that the public interest and convenience require, the City may purchase City supplies and equipment utilizing purchasing agreements maintained by the County, State, or other public agencies, without complying with the requirements of this chapter.
The purchasing ordinance authorizes “piggyback” since the contract was issued and already went through a bidding process at the time they were selected and made an authorized contractor.
ALTERNATIVES
The City Council may elect not to approve the purchase.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
None.
STAFF REPORT
ITEM NO. _____6_____
TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
PREPARED BY: Lena Abdullah, Management Analyst
DATE: February 7, 2024
SUBJECT: Grant Reimbursement Report for 2nd Quarter FY23-24 – October 1, 2023, to December 31, 2023
SUMMARY
This report provides an update on the grant reimbursement requests for various grant-funded projects and programs on a quarterly basis. This report covers reimbursement requests submitted and/or funds received during the 2nd quarter of FY23-24 between October 1, 2023, and December 31, 2023.
RECOMMENDATION
It is recommended that the City Council receive and file this report.
FISCAL IMPACT
Grant funds are typically fronted by the General Fund Reserve on a reimbursement basis and tracked under Fund 270. The fund reimbursement requests outlined in this report ensure that the City is actively working in a timely manner to recoup expended funds and replenish the General Fund Reserve. It underscores the pivotal grant and program funds requested and received along with their corresponding fiscal impact. The total reimbursement amount that was requested this quarter was $252,734.00 and the total amount received was $1,674,835.00
BACKGROUND
The Department of Public Works is proactively engaged in seeking grants from diverse funding channels, programs, and other sources. These grants play a crucial role in facilitating city projects by providing the necessary financial backing to move a project from concept to reality. Often, these grants entail the city incurring initial expenses, followed by progressive reimbursement request for documented eligible project expenditures. Some grant programs provide for up -front disbursements while others require, we invoice them for reimbursements
DISCUSSION
This quarterly report summarizes the grant reimbursement request limited to the second (Q2) of FY23- 24 encompassing October to December of 2023. The following table details each reimbursement and fund payment request submitted by staff including any funds received:
FY23-24 Quarter 2: October 1, 2023-December 31, 2023
Grant/Program Agency Type Amount Submitted Received
SGVCOG -
Slow Streets*
ActiveSGV Reimbursement $45,000 8/10/2023 12/4/2023
Zocalo - Prop
68 Grant*
LACMTA Reimbursement $1,625,735 8/17/2023 11/14/2023
Maine/Pacific
Rail Crossing -
HPLUL
Caltrans Reimbursement $4,100.00 10/2/2023 10/23/2023
SG River Bike
Path - Call for
Projects
LACMTA Reimbursement $89,984 9/21/2023
10/17/2023**
Pending
Barnes Park -
Prop 68 Grant
LACMTA Reimbursement $162,750 12/26/2023 Pending
* Requested submitted last quarter and received current quarter * *Date request resubmitted with updates
ALTERNATIVES
None.
CEQA REVIEW
This action is not subject to the requirements of the California Environmental Quality Act (“CEQA”).
This approval is not a “project” within the meaning of section 15378 of title 14 of the California code of regulations (“state CEQA guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. This action is exempt from CEQA review because it does not constitute a project under CEQA pursuant to section 15378(b)(5) of the state CEQA guidelines, which provides that organizational and administrative activities of governments that will not result in physical changes in the environment are not considered projects for CEQA purposes.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
Grant/Program Reimbursement/Claim Documents:
1. SGVCOG: Slow Streets Demonstration Invoice #1
2. LACMTA: Zocalo-SG-19-070 Invoice #1
3. CalTrans: Maine Pacific Rail Crossing-HPLUL5323(028) Invoice #8
4. LACMTA: SG River Bike Path-F3507 Invoice #1
5. LACMTA: Barnes Park-SW-19-082 Invoice #1
INVOICE NO: F3507-1
(626) 813-5255 Fax. (626) 962-2625
TO: ATTN:: Accounts PayableOne Gateway Plz.-MS 99-4-3Sent Via E-mail:Los Angeles, CA 90012-2952(213) 922-2864
TOTAL NET INVOICE AMOUNT DUE
Hub of the San Gabriel Valley INVOICE
City of Baldwin Park
14403 East Pacific AvenueBaldwin Park, CA 91706 DATE: 8/21/2023 www.baldwinpark.com
L.A.C.M.T.A. Maressa Sah
[email protected]
[email protected]
JOB PAYMENT TERMS
F3507 South Baldwin Park Communter Bikeway Project Due on receipt
DESCRIPTION TOTAL
LACMTA FA #FA.P00F3507
See attached Quarterly Report/Progress Report for more information.
Total Expenditure this quarter 169,462.25$
Less City Local Match (41%) 69,479.52$
LACMTA Grant Expenditure (59%) 99,982.73$
Less Retention (10%) (9,998.27)$
Please reference City Grant Fund Revenue Account
#270-50-520-58100-15538
Make all checks payable to the "CITY OF BALDWIN PARK"
THANK YOU
Please reference City Local Match Account
#243-50-520-58100-15538
#245-50-520-58100-15538
89,984.45$
Invoice # F3507 - 1
QUARTERLY PROGRESS / EXPENSE REPORTInvoice Date 8/21/2023 FA# FA.P00F3507
Quarterly Report # 1
GRANTEES ARE REQUESTED TO EMAIL THIS REPORT TO
[email protected]
or submit by mail to:
Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, California 90051-0296
after the close of each quarter, but no later than November 30, February 28, May 31 and August 31. Please note that letters or other forms of documentation may not be substituted for this form. Refer to the Reporting and Expenditure Guidelines (Attachment C) for further information.
Grantee To Complete
LACMTA FA ATTACHMENT C-1
$$ %
Local Match (Incl.
In-Kind)
SECTION 1: QUARTERLY EXPENSE REPORT
$
650,415.75$
21%
336,149.98$ 483,728.02$ 41%
383,745.29$
169,462.25$ 41%99,982.73$
Total Project Budget
LACMTA Grant
Net Invoice Amount (Less
Retention) 89,984.45$ 69,479.52$
69,479.52$
21%
Project-to-Date Expenditure
Funds Expended to Date
(Include this Quarter)
21%
Balance Remaining
21%
819,878.00$
Please itemize grant-related charges for this Quarter on Page 5 of this report and include totals in this Section.
Retention Amount
169,462.25$
Local Match Total
159,463.98$
69,479.52$ 41%
-$ 9,998.27$ 0%
This Quarter Expenditure 99,982.73$
9,998.27$
Project Quarter Expenditure
41%
20%266,670.46$
% of Project Budget
Expended to Date
Rev: 06.26.19 1 FA Prop C Attachment C-1 Quarterly Report PROJECT TITLE:
QUARTERLY REPORT SUBMITTED FOR:
Fiscal Year : 2016-2017 2017-2018
2018-2019 2019-2020 2020-2021
2021-2022 X 2022-2023 2023-2024
Quarter : Q1: Jul - Sep Q2: Oct - Dec
X Q3: Jan - Mar Q4: Apr - Jun
DATE SUBMITTED:
LACMTA MODAL CATEGORY:
X Goods Movement
Phone Number:
E-mail:
Public Works
Director of Public Works
Project Sponsor
Contact / Project
Manager
Phone Number:
Mailing Address: 14403 E. Pacific Ave
Signal Synchronization
F3507-SOUTH BALDWIN PARK COMMUTER BIKEWAY PROJECT
E-mail: [email protected]
City / Agency:
[email protected]
Maressa Sah
FA.P00F3507FA #:
LACMTA Project
Manager
TDM
Transit
Department:
SECTION 2: GENERAL INFORMATION
Contact Name: Sam Gutierrez
2015-2016
(213) 547-4254
Job Title:
RSTI Pedestrian
Bicycle
Name:
8/21/2023
Baldwin Park
626-960-4011 Ext. 460
Rev: 06.26.19 2 FA Prop C Attachment C-1 Quarterly Report Start Date End Date
7/19/2016
N/A N/A
4/4/2016 3/1/2022
N/A N/A
4/1/2022 6/1/2022
9/29/2022 9/29/2022
10/1/2022 7/30/2023
8/1/2023 8/30/2023
On schedule per original FA schedule Less than 12 months behind original schedule Between 12-24 months behind original schedule X More than 24 months behind original schedule Yes X No Not Applicable
Yes X No Not Applicable
Construction
Ground Breaking Event
B. Was the project design started within 6 months of the date originally stated in the FA? C. Was a construction contract or capital purchase executed within 9 months after completion of design / specifications?
Jul. 2015 Aug. 2015Project Close Out
50 2. PROJECT COMPLETION
Total Project Duration
(Months) 20
List all deliverables and milestones as stated in the FA, with start and end dates. Calculate the total project duration.DO NOT CHANGE THE ORIGINAL FA MILESTONE START AND END DATES SHOWN IN THE 2ND AND 3RD COLUMNS BELOW.
Grantees must make every effort to accurately portray milestone dates in the original FA Scope of Work, since this will provide the basis for calculating any project delay. If milestone start and/or end dates change from those stated in the Original FA Scope of Work, indicate the new dates under Actual Schedule below and re-calculate the project duration. However, this does not change the original milestones in your FA. PER YOUR FA AGREEMENT, ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE.
SECTION 3 : QUARTERLY PROGRESS REPORT
Actual Schedule
End Date
1. DELIVERABLES & MILESTONES
Original FA Schedule in Scope of
Work
Aug. 2014
Feb. 2014
Feb. 2014Dec. 2013
Right-of-Way Acquisition
Start Date
Jan. 2014
Construction Bid & Award
Design
FA Milestones
Sept. 2014
Environmental Clearance
Design Bid & Award
Aug. 2014Apr. 2014
Oct. 2014 Jun. 2015
A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) :
Rev: 06.26.19 3 FA Prop C Attachment C-1 Quarterly Report
4. PROJECT DELAY
Notice of Exemption of CEQA requirements were recorded in June 2016 deeming this project Categorical Exempt. Plans were submitted to Los Angeles County Flood Control District (LACFCD) on January 25, 2018. After multiple reviews the City enlisted the services of a design engineer to manage the coordination of various 3rd parties, such as LACFCD, Caltrans, the United States Army Corps of Engineers (USACE), Department of Water and Power, Southern California Edison, and Geotechnical and Pavement Investigation. On January 29, 2020, LACFCD cleared the project to be submitted to USACE. Design was deemed completed in March 2022. Project was advertised and awarded for construction on June 1, 2022. The USACE issued the 408 permit on June 14, 2022. The city executed a new Use Agreement with LACFCD for the project on September 19, 2022. The Use Agreement was finalized by Los Angeles County in December 2022 and a permit was issued on February 20, 2023. The groundbreaking ceremony was held on September 2022 and construction is currently in progress.
List tasks or milestones accomplished and progress made this quarter.
3. TASKS / MILESTONES ACCOMPLISHED
If the project is delayed (as described in #4), include action items that have been, or will be, undertaken to resolve the delay.
The City dealt with significant third-party delays from various sources but, particularly with the USACE and LACFCD, in finalizing the permits for this project. It was a lengthy process to get the 408 permit from USACE which was needed before the Use Agreement with LACFCD could be executed. The submission to USACE was just before the height of the COVID 19 pandemic, which added additional delays as all agencies struggled to develop and implement new methods of completing reviews.
If project is delayed, describe reasons for delay (this quarter). Pay particular attention to schedule delays. If delay is for the same reason as mentioned in previous quarters, please indicate by writing "Same as Previous Quarter".
Delays were largely due to third party permitting and executing use agreements. Staff was diligent about following up and ensuring additional items and corrections were submitted in a timely matter. Since the issuance of permits and execution on the Use Agreement the project has meet milestones and is estimated to be completed in the Fall of 2023.
5. ACTION ITEMS TO RESOLVE DELAY
Rev: 06.26.19 4 FA Prop C Attachment C-1 Quarterly Report 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
Plan Check-LA Public Works231343 2,283.03$ 2,283.03 $ Design Services, AAE
Permit, SoCal Edison219579 12,000.00$ 12,000.00 $ 223315 12,160.00$ 12,160.00$
218263Plan Check-LA Public Works
227581
Design Services, AAE 3,520.00$
10,000.00$ 10,000.00 $
Plan Check-LA Public Works228531 978.38$ 978.38 $ Plan Check-LA Public Works231343 807.37$ 807.37 $ Design Services, AAE219886
Design Services, AAE
Design Services, AAE215771 6,670.20$ 6,670.20$ Design Services, AAE217642 1,160.80$ 1,160.80$ Design Services, AAE216282 1,851.20$ 1,851.20$ Design Services, AAE
Design Services, AAE214654 5,553.60$ 5,553.60$ Design Services, AAE214654 5,836.90$ 5,836.90$ Design Services, AAE222829 4,640.00$
221791
4,640.00$
Design Services, AAE223449
2,880.00$ 2,880.00$
5,440.00$ 5,440.00$
Design Services, AAE 1,680.00$ 1,680.00$
4,920.00$ 4,920.00$
Design Services, AAE
Design Services, AAE223315
10,651.00$
215771
216282
218760
221041
1,146.80$
209805
1,146.80$
Design Services, AAE
Design Services, AAE209805 5,325.50$ 5,325.50$ Design Services, AAE215056 4,135.80$
215334 1,719.00$ 1,719.00$
1,011.30$ 1,011.30$
220391 1,011.30$ 1,011.30$
Design Services, AAE 2,800.00$ 2,800.00$
Design Services, AAE 11,112.00$ 11,112.00$
224027 1,600.00$ 1,600.00$
4,000.00$ 4,000.00$
SECTION 4: ITEMIZED LISTING OF EXPENSES AND CHARGES THIS QUARTER INVOICE #
All expenses and charges, including grant and local match, must be itemized and listed below. Each item listed must be verifiable by an invoice and/or other proper documentation. The total amounts shown here must be equal to this quarter’s expenditures listed on page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment B, Scope of Work. Use additional pages if needed.
TOTAL EXPENSES /
CHARGESITEM $ CHARGED TO LACMTA GRANT
222790
221276
224203
1,128.00$ 1,128.00 $ Plan Check-LA Public Works Plan Check-LA Public Works 1,500.42$
10,651.00$
Design Services, AAE
$ CHARGED TO LOCAL MATCH
Design Services, AAE
Design Services, AAE
Design Services, AAE
Design Services, AAE
925.60$ 925.60$
1,751.60$
227188 1,500.42 $
3,520.00$
221791
1,751.60$
4,135.80$
Design Services, AAE220119 3,600.00$ 3,600.00 $ Design Services, AAE220391 2,400.00$ 2,400.00 $ Design Services, AAE221948 875.80$
Design Services, AAE220897 1,011.30$ 1,011.30 $ Design Services, AAE221385 875.80$ 875.80 $ 875.80$
Design Services, AAE222088 875.80$ 875.80 $ Rev: 06.26.19 5 FA Prop C Attachment C-1 Quarterly Report 39 40
41 42
43 44
45 46
47 48
49 50
51 99,982.60$ Total 169,462.25$ 69,479.65 $ 2,188.40$
Design Services, AAE
224027 1,490.25$ 1,490.25 $
Design Services, AAE224435 3,308.75$ 3,308.75 $ Inspection, LA Public Works237984 7,397.00$ 7,397.00 $ Design Services, AAE234021 584.40$ 584.40 $ Ca Newpaper Partners236319
Design Services, AAE
Design Services, AAE222621 1,011.30$ 1,011.30 $ Design Services, AAE222790 1,086.40$
Design Services, AAE223735 1,461.00$ 1,461.00 $ 1,086.40$
Design Services, AAE223449 2,135.00$ 2,135.00 $ Design Services, AAE226248 1,099.75$ 1,099.75 $ 224841 3,379.00$ 3,379.00 $
Design Services, AAE225528 1,230.50$ 1,230.50 $ 2,188.40$
Design Services, AAE230227 1,252.00$ 1,252.00 $ Rev: 06.26.19 6 FA Prop C Attachment C-1 Quarterly Report Invoice Payment Information:
LACMTA will make all disbursements electronically unless an exception is requested in writing.
ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-6107.
ACH Request Forms can be found at www.metro.net/callforprojects.
Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107.
Signature Date
Name Title
and that to the best of my knowledge and belief the information I certify that I am the responsible Project Manager or fiscal officer and representative of Notes:
stated in this report is true and correct.
The City of Baldwin Park
2. All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number column of the Itemized Listing (above).
1. Local match spent in each quarter, must be in the appropriate proportion to LACMTA grant. 8/21/2023
Director of Public Works Sam Gutierrez
Rev: 06.26.19 7 FA Prop C Attachment C-1 Quarterly Report
STAFF REPORT
ITEM NO. _____7_____
TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
PREPARED BY: Lena Abdullah, Management Analyst
DATE: February 7, 2024
SUBJECT: Approve Amendment No. 4 to Funding Agreement No.
F3507 with the Los Angeles County Metropolitan
Transportation Authority (LACMTA) for Grant Funding
for the South Baldwin Park Commuter Bikeway Project
SUMMARY
This report is requesting City Council approval and authorization to execute Amendment No. 4 to Funding Agreement (FA) No. FA.P00F3507 (F3507) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the South Baldwin Park Commuter Bi keway Project (Project).
Amendment No. 4 will extend the lapsing date of the funds to February 24, 2024, and update the project schedule.
RECOMMENDATION
It is recommended that the City Council approve and authorize the Mayor to execute Amendment No. 4 to the FA with the LACMTA.
FISCAL IMPACT
This grant is front funded by the General Fund Reserve on a reimbursement basis. To date, the city has expended the total Grant amount of $483,728.00 of which $89,984.34 has been submitted for reimbursement. A total amount of $393,743.66 remains to be requ ested for reimbursement. Approval of this Amendment will ensure the City remains eligible to request reimbursements for this grant until February 24, 2024.
BACKGROUND
As part of the 2009 Call for Projects, Los Angeles County Metropolitan Transportation Authority (LACMTA) authorized a grant to the City of Baldwin Park for the design and construction of approximately 2.5 miles of a Class I shared-use bike and pedestrian path along the San Gabriel River from Ramona Boulevard to Walnut Creek Wash connecting to Walnut Creek Nature Park and continuing to Baldwin Park Boulevard. The proposed commuter bikeway path traverses’ jurisdictional boundaries controlled by the City of Baldwin Park, Los Angeles County Flood Control District (LACFCD) and The California Department of Transportation (Caltrans) and other agencies.
On November 14, 2013, the city entered into Funding Agreement No. F3507 with LACTMTA to provide funding for the South Baldwin Par k Commuter Bikeway Project . The preparation of plans and specifications, obtaining required permits, agreements from various agencies took over 4 years.
On October 24, 2016, Amendment No. 1 to the Funding Agreement was entered into that extended the lapsing date of the Project to June 30, 2017.
On October 13, 2017, Amendment No. 2 to the Funding Agreement was entered into that extended the lapsing date of the Project to February 28, 2019, as well as revise the Project Schedule to account for unforeseen delays.
In January 2019, the final plans and specifications were completed and submitted to third parties such as the Los Angeles County Flood Control District, Caltrans, and Army Corps of Engineers.
On October 1, 2019, Amendment No. 3 to the Funding Agreement was entered into that extended the lapsing date to June 30, 2022.
On June 1, 2022, the City Council accepted the plans and specifications and authorized the award of contract to All American Asphalt Company as well as the award for construction management and inspection services to Infrastructure Engineers . Other unforeseen circumstances delayed the start of construction, however All American Asphalt Company began construction in January 2023.
DISCUSSION
The project was substantially completed in September 2023, and on November 1, 2023, City Council authorized the filing of a Notice of Completion for the paving and striping of the bikeway. City Staff has been working with LACTMA since September 2022 to complete this Amendment, however changes to the Project Manager and other staff changes at LACTMA have cause significant delays.
City Staff submitted a reimbursement request of $89,984.34 on September 21, 2023 for funds expended to LACTMA, but disbursement has been delayed until such time that Amendment No. 4 is approved and executed. A second and final request for the remaining amount of $393,743.66 is currently in process and will be submitted to LACTMA once this Amendment is executed.
ALTERNATIVES
1. Not approve Amendment No. 4 to funding agreement. This action is not recommended as the City may forfeit its ability to seek additional reimbursements from this grant.
2. Provide Staff with alternative direction.
CEQA REVIEW
The action being considered by the city council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under section 15378(b)(5) of CEQA guidelines. The action involves an organizational or administrative activity of government that wi ll not result in a direct or indirect physical change in the environment.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Executed Funding Agreement F3507 with LACMTA
2. Amendment No. 1 to Funding Agreement F3507
3. Amendment No. 2 to Funding Agreement F3507
4. Amendment No. 3 to Funding Agreement F3507
5. Proposed Amendment No. 4 to Funding Agreement F3507
FTIP# LAF3507
PPNO N/A
CFP#F3507
AMENDMENT NO. 4
Funding Agreement No. FA.P00F3507
Rev.: 03.08.2023 FA Local Amendment Lapsing Date Extension
1 AMENDMENT No. 4 TO FUNDING AGREEMENT
BETWEEN CITY OF BALDWIN PARK AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 4 to Funding Agreement (this "Amendment"), is dated as of January 18, 2024, by and between City of Baldwin Park ("GRANTEE"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").
RECITALS:
A. GRANTEE and LACMTA entered into that certain Funding Agreement No. FA.P00F3507, dated November 14, 2013, which was amended on October 24, 2016, October 13, 2017, and October 1, 2019 (as amended, the "Existing FA"), which Existing FA provides for the South Baldwin Park Commuter Bikeway Project (the “Project”); and
OR
B. Whereas, LACMTA Board on August 25, 2022 desires to extend the lapsing date of the Project to February 29, 2024; and
OR
C. GRANTEE and LACMTA desire to amend the Existing FA as provided herein.
FTIP# LAF3507
PPNO N/A
CFP#F3507
AMENDMENT NO. 4
Funding Agreement No. FA.P00F3507
Rev.: 03.08.2023 FA Local Amendment Lapsing Date Extension
2 AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Part II, Paragraph 8.1 (iv), 8.2, and 8.3 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following:
“8.1 (iv) Expending the Funds granted under this FA for allowable costs by the lapsing date. All Funds programmed for FY2019-20 are subject to lapse by February 29, 2024.
8.2 Quarterly Progress/Expenditure Reports will be used to evaluate compliance with the Project milestone due dates as identified in the FA. Even though Grantee is within its last 20-month lapse date extension, if the Project still does not meet the milestone due dates as agreed upon in the FA, LACMTA will issue a notice of non-compliance to the GRANTEE, the GRANTEE will be required to develop a written recovery plan illustrating in detail the GRANTEE’s actions to resolve the delay and to meet the Project completion date agreed upon in the FA (the “Recovery Plan”). If the Recovery Plan is deemed viable by LACMTA staff, and meets the Project completion date agreed upon in the FA, LACMTA may grant an administrative schedule update as long as the Funds are expended in compliance with (iv) above. If GRANTEE fails to submit a Recovery Plan within 30 days of the notice of non- compliance from LACMTA, or the Recovery Plan illustrates that the Project will not meet the lapse date in the FA, LACMTA may recommend potential deobligation of the Funds as part of its annual Call for Projects Recertification/Deobligation process.
8.3 Intentionally omitted.”
2. Part I, Paragraph 8 of Existing FA is hereby amended to change LACMTA’s project manager to “CASSIE TRUONG”, mail stop “99-22-5”.
3. Attachment B-1 – Scope of Work, attached to the Existing FA is hereby amended by deleting the Project Milestones and replacing it with the following Revised Project Milestones.
FTIP# LAF3507
PPNO N/A
CFP#F3507
AMENDMENT NO. 4
Funding Agreement No. FA.P00F3507
Rev.: 03.08.2023 FA Local Amendment Lapsing Date Extension
3 FA Milestones
FA Amendment 3 Schedule in
Scope of Work Revised Project Schedule
Start Date End Date Start Date End Date
Final Caltrans Review and
Approval for Encroachment
Permitting
Nov-19 Apr-20 Nov-19 Apr-20
Army Corps Review and
Approval Sep-19 Feb-21 Sep-19 Feb-21
Completion of Plans, Specs,
and Estimates (Final Design) Mar-21 Jun-21 Mar-21 Jun-21 Prepare Construction Bid
Package Jul-21 Aug-21 Jul-21 Aug-21
CTC Allocation of ATP
Funds Sep-21 Dec-21 Sep-21 Dec-21
Request to Proceed to
Construction, Caltrans issues
Notice to Proceed/Agreement
E76 for Construction
Jan-22 Feb-22 Jan-22 Feb-22
Advertise Bid & Award
Construction Mar-22 Jun-22 April-22 Jun-22
Construction Jul-22 Dec-23 Oct-22 July-23
Report of
Completion/Project Closeout Jan-23 Feb-23 Aug-23 Aug-23 Total Project Duration
(Months) 39 months 45 months
4. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.
FTIP# LAF3507
PPNO N/A
CFP#F3507
AMENDMENT NO. 4
Funding Agreement No. FA.P00F3507
Rev.: 03.08.2023 FA Local Amendment Lapsing Date Extension
4 IN WITNESS WHEREOF, the parties have caused this Amendment No. 4 to be duly executed and delivered as of the above date.
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY
By: _________________________________ Date: ____________________ Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By: _________________________________ Date: ____________________ Deputy
City of Baldwin Park
By: _________________________________ Date: ____________________ Samuel Gutierrez
Director of Public Works
APPROVED AS TO FORM:
By: __________________________________ Date: ____________________ Marco A. Martinez
City Attorney
STAFF REPORT
ITEM NO. _____8_____
TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
PREPARED BY: Yovanni Viramontes, Associate Engineer
DATE: February 7, 2024
SUBJECT: Approval of Southern California Gas Company (SoCalGas) Collectible Work Authorization for the Installation of New Gas Service located at 14349 Pacific Ave for the Susan
Rubio Zocalo Park and Civic Plaza.
SUMMARY
This item seeks City Council consideration to authorize a Collectible Work Authorization (CWA) for Southern California Gas Company (SoCalGas) to install new gas services for the proposed retail building at the Susan Rubio Zocalo Park and Civic Plaza.
RECOMMENDATION
It is recommended that the City Council:
1. Approve the CWA payment for SoCalGas in the amount of $ 68,678.00 for the installation of new service; and,
2. Authorize the Director of Public Works to execute the CWA contract and to process the necessary documents and payment request from the available grant funds; and,
3. Authorize the Director of Finance to appropriate the funding and make the necessary budget adjustments.
FISCAL IMPACT
There is no impact to the General Fund. The funds for the CWA will be appropriated from available grant funds which are included in the adopted CIP 22-044.
Requested Funds Amount
Requested
Appropriation
State of California Natural Resources
Agency, Department of Parks and
Recreation
270-50-520-58100-
55022 $68,678.00
BACKGROUND
On October 19, 2022, the City Council accepted the Plans and Specifications for the City Project CIP 22 - 043 – Susan Rubio Zocalo Park and Civic Center Plaza and awarded a contract for construction to PCN3, Inc. of Los Alamitos, CA. Prior to the start of construction, The Engineering Division and SoCal Gas coordinated the abandonment of existing utilities for the vacant building located at 14349 Pacific Ave, within the proposed park limits. In January 2023, the contractor, PCN3, mobilized for construction and began the site demolition. During the demolition of site, the construction team notified SoCalGas about a conflict with the existing 2” and 4” gas main and proposed retail building.
On January 6, 2023, SoCal Gas determined that the construction of a new retail building is for proprietary use and not governed by the current Franchise Agreement between the City of Baldwin Park and SoCal Gas, thus making the city responsible for the costs of relocation and/or abandonment collectible by SoCal Gas.
On April 5, 2023, the City Council authorized the Director of Public Works to execute a CWA agreement with SoCalGas for the abandonment of both 2” and 4” gas mains in conflict with proposed retail building.
The work was completed in July 2023.
On July 2023, The City’s construction manager submitted an application to SoCalGas for the connection of new services to the proposed retail building. In order for SoCalGas to schedule this work, a new CWA agreement is needed for the installation of new gas service for new retail building at 14349 Pacific Ave .
Additionally, the proposed retail building exterior must be substantially completed for the gas company to schedule this work.
DISCUSSION
The progress on the construction of the proposed retail building was delayed from the original schedule due to an unprecedented amount of rain days , as well as material delays, coordination with various utili ty services, and impact to the critical path of the construction schedule.
On January 16, 2024, A new CWA agreement from SoCalGas was received for the installation of a new gas service to the proposed retail building. This work is ready to be scheduled since the building exterior for the proposed building is constructed and other utilities have been installed. It is crucial that the installation of gas service be installed prior to the start of any street improvements to prevent any impact on the new improvements such as retail building front entrances, parking stalls, sidewalk, planters, and ADA ramps. It is not ideal for any street improvements to be completed and then start trenching the street for new gas service. This may result in building frontage on Sterling Avenue appearing incomplete or different than the rest of the park improvements.
The City is requesting appropriate available grant funds for the payment of the collectible work to SoCalGas in the amount of $68,678.00. The collectible work under SoCalGas agreement includes site preparation for the installation of a gas service from gas main to new gas meters, back fill and paving of gas trench, scheduling, coordination, labor, and materials for SoCal gas contractor to complete work.
ALTERNATIVES
1. The City Council may choose not to approve the CWA. This action is not recommended as it will cause construction delays and additional costs to repair affected new offsite improvements.
2. Provide Staff with alternate direction
CEQA REVIEW
Pursuant to CEQA , a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical chang e in the environment. "projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (pub. Res. Code § 21065.) To the extent that matters listed in this agenda are considered “projects” under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a “project” under CEQA.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Contract Cover Letter
2. Exhibit A – Line Extension Contract (CWA)
1/18/2024
Applicant Assigned SoCalGas Planning Representative
Name: CITY OF BALWIN PARK BUILDING: ZOCALO Name: GEORGE BATISTA Contact: SAMUEL GUTIERREZ Email: [email protected] Tel: Tel: 3106872095
Fax: 0
Address: 12460 MAR VISTA DR
City/ST/Zip: WHITTIER CA 90602 0000
The Line Extension Contract, Exhibit A (invoice), and applicable agreements for Project# 259902 have been included with this letter. Please take the time to review these documents, take action on your contract, and submit any outstanding payments due. Both your signed contract and full payment must be processed for your project to move forward to construction.
As recipient of this contract, you must take action on this contract through our online signature portal regardless of whether you speak with a SoCalGas representative or not. Please indicate that you either accept, decline, or choose to reassign the recipient of this contract through the online portal.
Learn more about electronically completing your contract and submitting payment on the previous pages, "How to Complete Your Contract" and "How to Submit Payment."
Under the Line Extension Rules, you have agreed to have SoCalGas perform the following gas facility installation:
SoCalGas estimated construction costs,
prior to applicable allowance, site prep fees & taxes, are broken down as follows:
Main 0
Stub 0
Service 57766.5
MSA 1483.15
If paying online, go to www.socalgas.com/ExhibitA. If paying by mail, please remit payment w/ Exhibit A to:
Southern California Gas Company
ML 711D
P.O. Box 2007
Monterey Park, CA 91754-0957
If you have any questions regarding this matter, please send an email or fax message to the following:
Email: [email protected]
Fax: 1-866-448-3821
Thank you,
Southern California Gas Company
New Business Process Team
INSTALL NEW GAS SERVICE / INSTALL 4 METER MANIFOLD / INSTALL MSA AC 250 SIZE 1 / NON RES TURN ON
5629604011
SCG Cover Sheet
Reference:
SoCalGas Project #: 00000259902
Project Location: 14349 PACIFIC AVE
01/12/2024
SAMUEL GUTIERREZ
DIRECTOR OF PUBLIC WORKS
CITY OF BALWIN PARK BUILDING: ZOCALO
14403 PACIFIC AVE
BALDWIN PARK, CA 91706
Project Scope:
Non-Residential, commercial, project located at 14349 Pacific Ave and Ramona Blvd, in the City of Baldwin Park, County of Los Angeles.
Install Service, Meter to the specified location in Company provided trench.
The engineering required for the installation of the gas facilities as described above in the Project Scope, based on the information you have provided us, has been completed. The attached "Exhibit A" dated 01/12/2024 details the estimated costs and allowances, if applicable, and also indicates any advances and contributions, if required at this time.
Please provide us with an address list for the property, if applicable, including any internal apartment or unit numbers or letters as quickly as possible. This will assist us in providing timely installation of the requested gas meters and/or refunds of your refundable advances, if applicable.
To acknowledge your receipt of the Exhibit A, confirmation of the scope of the Project, and receipt and agreement with the enclosed General Conditions, please have this letter executed by your authorized representative(s) (owner or corporate officer) and return all pages to the SoCalGas New Business Process Team at either [email protected], if you are executing these documents through the electronic signature portal, or [email protected], if you are not executing these documents through the electronic signature portal. Your return of the executed copy of this letter plus any required advance made through one of the designated SoCalGas payment channels (e.g., online at www.socalgas.com/exhibitA, in person at a SoCalGas Branch Office, mailed to SoCalGas Mail Payments: P.O. Box 2007, ML711D, Monterey Park, CA 91754-0957), will constitute your request to SoCalGas to schedule the installation and your agreement to Exhibit A and the General Conditions. Timely return of this letter will ensure that your construction is not delayed. A copy of the letter has been provided for your records.
Thank you for this opportunity to provide you with natural gas to serve your energy requirements.
We are pleased to have you as a SoCalGas customer and want to provide you with the best possible service. If you have any questions, please contact me at (310) 687-2095.
Sincerely,
GEORGE BATISTA
PLNG ASSOC
12460 MAR VISTA DR
WHITTIER,CA 90602-0000
SOUTHERN CALIFORNIA GAS COMPANY - GENERAL CONDITIONS FOR LINE EXTENSIONS
These are the general conditions under which Southern California Gas Company ("SoCalGas") will provide line extensions for Applicants.
I.
COSTS
A. Estimates and Duration. The enclosed Exhibit A estimate is valid for 90 days and may be revised after that time if the installation of gas facilities for the Project has not begun. Once SoCalGas begins the installation, the estimated cost will remain in effect for twelve (12) months. If at the end of the twelve (12) months the work is not complete, SoCalGas reserves the right to calculate its costs for the work completed, less applicable allowances, and issue a new project and Line Extension Contract for the remaining installation work. Applicants who submit a new application for gas line extension(s) on or after July 1, 2023 must pay SoCalGas the actual cost, but the estimated amount is due and payable in advance. Because of unforeseen contingencies and other factors, the actual cost may be considerably higher or lower than this estimate. Therefore, the estimate is not a warranty by SoCalGas of the actual cost. If additional monies are due, Applicant agrees to pay them within 30 days after invoice. Applicant will be responsible for costs of engineering, planning, surveying, right of way acquisition and other associated costs. Estimated and actual cost excludes Betterments and Utility Convenience.
B.
Allowances. Applicant(s) receiving allowances as an offset to the installation costs are responsible for these costs and may be billed subject to the following: line extension(s) where allowances have been granted to the Applicant based on future gas load(s) must have the gas meter(s) installed and turned on with bona fide load within six (6) months for main/main and service(s) installations and twelve (12) months for service(s) only installations. These time frames commence from the date SoCalGas completed the installation of gas facilities. If Applicant fails to comply, the Applicant will be billed for the difference between estimated allowances and authorized allowances, as described in Tariff Rule Nos. 20 and/or 21. The bill amount will include Income Tax Component Contribution and Advances (ITCCA/CIAC) Tax. Applicant requested temporary service(s) are fully collectible. Refunds shall be made and calculated in accordance with Rule No.
22. C
Attorneys Fees and Offset. If SoCalGas is required to bring an action to collect monies due or to enforce any other right or remedy, Applicant agrees that SoCalGas is entitled to recover its reasonable attorneys' fees and costs. SoCalGas may withhold from any payments due Applicant any amounts Applicant owes SoCalGas.
II.
INDEMNITY
A. General. Applicant shall indemnify and hold SoCalGas harmless from and against all liability (excluding only Pre-Existing Environmental Liability) connected with or resulting from injury to or death of persons, including but not limited to employees of SoCalGas or Applicant, injury to property of SoCalGas, Applicant or a third party, or violation of local, state or federal laws or regulations (excluding environmental laws or regulations) (including attorneys' fees) arising out of the performance of this Contract, except only for liability to the extent it is caused by the negligence or willful misconduct by SoCalGas.
B.
Environmental. Applicant shall indemnify and hold SoCalGas harmless from and against any and all liability (including attorneys' fees) arising out of or in any way connected with the violation or compliance with of any local, state, or federal environmental law or regulation as a result of pre- existing conditions at the Project site, release or spill of any pre-existing hazardous materials or waste, or out of the management and disposal of any pre-existing contaminated soils or groundwater, hazardous or nonhazardous, removed from the ground as a result of SoCalGas's work performed ("Pre-Existing Environmental Liability"), including, but not limited to, liability for the costs, expenses, and legal liability for environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remedial work, penalties, and fines arising from the violation of any local, state, or federal law or regulation, attorneys' fees, disbursements, and other response costs. As between Applicant and SoCalGas, Applicant agrees to accept full responsibility for and bear all costs associated with Pre-Existing Environmental Liability.
Applicant agrees that SoCalGas may stop work, terminate it, redesign the gas facilities to a different location, or take other action reasonably necessary to complete its work without incurring any Pre-Existing Environmental Liability.
C.
Withhold Rights. In addition to any other rights to withhold, SoCalGas may withhold from payments due Applicant such amounts as, in SoCalGas's reasonable opinion, are necessary to provide security against all loss, damage, expense and liability covered by the foregoing indemnity provisions.
III.
WARRANTY
SoCalGas requires that Applicant warrant all materials and workmanship performed by Applicant (directly or through a contractor other than SoCalGas) shall be free of all defects and fit for their intended purpose. A one-year warranty on any materials and a two-year warranty on any installation work provided are required. If Applicant's work or materials fail to conform to the warranty, Applicant shall reimburse SoCalGas for the total cost of repair and/or replacement or SoCalGas may give Applicant the opportunity to fix within a reasonable time such defect(s). Such reimbursements are non-refundable and the amount of such reimbursements may be withheld by SoCalGas and offset against refundable amounts owed Applicant, when applicable.
IV. TARIFF RULES / COMMISSION
A. This Line Extension Contract ("Contract") consists of and incorporates by reference the line extension contract letter, Exhibits A, General Conditions and all of SoCalGas's applicable tariff schedules and rules as submitted from time to time with the California Public Utilities Commission ("Commission"), including but not limited to, the Preliminary Statement and Rule Nos. 1, 2, 4, 9, 13, 20, 21 and 22. Copies of these rules may be obtained by visiting the SoCalGas' Internet site at www.socalgas.com or by requesting copies from your SoCalGas representative.
B.
This contract is at all times subject to such changes or modifications as the Commission may direct from time to time in the exercise of its jurisdiction.
C.
No agent of SoCalGas has authority to make any terms or representations not contained in this Contract and the tariff schedules and Applicant hereby waives them and agrees neither SoCalGas nor Applicant shall be bound by them.
V.
JOINT AND SEVERAL LIABILITY
Where two or more parties are Applicants for a Project, SoCalGas shall direct all communications, bills and refunds, when applicable, to the designated Applicant, but all Applicants shall be jointly and severally liable to comply with all terms and conditions herein.
VI.
STUB EXTENSIONS
For Applicant(s) receiving allowances, stub costs are refundable only to the extent the allowances generated by stub extensions exceed the main to meter installation costs, and only for ten years from the date of the stub installation. Refunds will be made without interest, and no refund will be made in excess of the amount advanced.
VII.
AUTHORIZED SIGNATURE
If Applicant is a corporation, partnership, joint venture, or a group of individuals, the subscriber hereto represents that he has the authority to bind said corporation, partners, joint venture, or individuals as the case may be.
My signature below represents my agreement and acceptance of the Project confirmation, Exhibit A and Southern California Gas Company's General Conditions For Line Extension . I acknowledge and
agree that SoCalGas's cost estimates and allowances, if applicable, for this Project were based on information provided by me or my authorized representative. I further acknowledge and agree that my signature represents my/my company's agreement and understanding that subsequent changes in Project scope may affect the installation price and further, that if allowances have been granted, an additional contribution may be required if the future loads on which the allowances were based do not materialize.
APPLICANT: CITY OF BALWIN PARK BUILDING: ZOCALO
By: Address:
(Future bills, refunds, and correspondence will
be mailed to the address provided)
_______________________________________
(Authorized Signature) ________________________________________
________________________________________
_______________________________________
(Print Name) ________________________________________
Title: Telephone:
________________________________________ ________________________________________
Date: Social Security or Federal Tax ID No.
________________________________________ No._____________________________________ PLEASE PAY THIS AMOUNT 68678.00
Date Mailed
01/12/2024 Project ID 00000259902
Exhibit A
COST AND ALLOWANCE CALCULATION (ESTIMATES)
(x) Trenching by Company (x) Gas Only Trench
$ 59249.65 -
$ 0.00 -
$ 3864.17 = $ 55385.48
Project Cost * Site Preparation Allowance Applied
Advance Required (Refundable) $ 0.00
Advance Required (Non-Refundable) $ 55385.48
ITCCA (CIAC Tax) $ 55385.48 X 24 % = $13292.52
Payment Received $ 0.00
Total Amount Due $ 68678.00
* Site preparation reimbursement for applicant provided trench will be treated per Tariff Rules 20 & 21 and payments, if any, will be based on the agreed upon price per foot times the actual footage of the trench used.
Form 3905-D, Effective 09/05 Line Extension Contract #: 00000259902-3
Date Mailed
01/12/2024
If paying online, go to www.socalgas.com/exhibitA. If paying by mail or in person, detach and return this portion with your payment.
THIS BILL IS NOW DUE AND PAYABLE
CITY OF BALWIN PARK BUILDING: ZOCALO
14403 PACIFIC AVE
BALDWIN PARK, CA 91706
NBMS Project ID 00000259902-3
9200025990201000000686780090000
92 000259902 9
Line Extension Contract
STAFF REPORT
ITEM NO. _____9_____
TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Director of Community Development
DATE: February 7, 2024
SUBJECT: Second Reading to adopt Ordinance No. 1508, “An Ordinance of The City Council of the City of Baldwin
Park California, Amending Section 153.120.310 (B) of
Chapter 153 Title XV of the Baldwin Park Municipal
Code, Relating to the Minimum Number of Hotel and
Motel Guest Rooms”
SUMMARY
On December 6, 2023, the Baldwin Park City Council adopted Resolution No. 2023-041 certifying the mitigated negative declaration of environmental impact pursuant to the California Environmental Quality Act, introduced Ordinance No. 1508 by title only, entitled, “An Ordinance of The City Council of the City Of Baldwin Park California, Amending Section 153.120.310 (B) of Chapter 153 Title XV of the Baldwin Park Municipal Code, Relating to the Minimum Number of Hotel and Motel Guest Rooms” and adopted Resolution No. 2023-042 adopting the findings of fact approving a Conditional Use Permit (CP 22 -11) for the operation of a hotel, a Variance (ZV 22 -07) to deviate from the minimum number of required parking spaces, and Design Review (PR 22 -46) to facilitate the renovation of an existing vacant hotel as an Extended Stay America”.
RECOMMENDATION
It is recommended that the City Council approve and adopt Ordinance 1508 entitled, "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE BALDWIN PARK MUNICIPAL CODE, TITLE XV, LAND USAGE, CHAPTER 153, ZONING CODE, SECTION 153.120.310 (B) RELATED TO THE MINIMUM NUMBER OF REQUIRED GUEST ROOMS FOR HOTELS AND MOTELS.”
FISCAL IMPACT
There is no impact to the General Fund as a result of the recommended action.
BACKGROUND
On November 8, 2023, the Planning Commission reviewed the project and recommended approval to City Council.
On December 6, 2023, the City Council held a public hearing to introduce Ordinance No. 1508 by title only, entitled, “An Ordinance of The City Council of the City of Baldwin Park California, Amending Section 153.120.310 (B) of Chapter 153 Title XV of the B aldwin Park Municipal Code, Relating to the Minimum Number of Hotel and Motel Guest Rooms” in association with
1. Certifying a Mitigated Negative Declaration of Environmental Impact analysis for the Project.
2. Approving Conditional Use Permit (CP 22-11) for the operation of the hotel use;
3. Variance (ZV 22-07) to reduce the number of parking spaces required from 76 to 60 parking spaces; and
Design Review (PR 22-46) for the renovation of the existing vacant hotel building, parking lot, and landscaping improvements.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Ordinance No. 1508
ORDINANCE NO. 1508
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, AMENDING THE BALDWIN PARK MUNICIPAL
CODE, TITLE XV, LAND USAGE, CHAPTER 153, ZONING CODE,
SECTION 153.120.310 (B) RELATED TO THE MINIMUM NUMBER OF
REQUIRED GUEST ROOMS FOR HOTELS AND MOTELS
WHEREAS, Baldwin Park Municipal Code Title XV, Land Usage, Chapter 153, Zoning Code, implements the City’s General Plan, establishing land use and development regulations in the City of Baldwin Park (“City”), which includes regulations governing hotel and motel development projects;
WHEREAS, Baldwin Park Municipal Code Title XV, Land Usage, Chapter 15 3 Zoning Code, Section 153.120.310 (B) states that hotels and motels shall contain a minimum of one hundred (100) guest units as adopted by Ordinance 1346 on May 12, 2012;
WHEREAS, the City has received an application from Lisette Sanchez-Mendoza - MIG for Sonjay Patel and Jayesh Patel of SNS Hotels and Zyra Hospitality, LLC (Applicant) for the rehabilitation and re -opening of the former seventy -two (72) room Regency Hotel.
WHEREAS, the Applicant has prepared a comparative survey of surrounding cities’ zoning code regarding the minimum number of hotel/motel rooms, which determined that many cities either have none or a smaller number of required minimum number of hotel/motel rooms;
WHEREAS, the Applicant commissioned an independent consultant to prepare a market feasibility study for the proposed project, which concludes that the proposed 72 - room hotel is financially viable;
WHEREAS, the hospitality industry has recently experienced greater diversification of product types to reflect changing market demands;
WHEREAS, the City desires to amend it s local regulations to reduce the number of minimum hotel and motel guest units;
WHEREAS, the City Planning Commission held a duly noticed public hearing on November 8, 2023 to consider the proposed Zoning Ordinance Amendment related to reducing the number of minimum hotel and motel guest units , and approved Planning Commission Resolution No. 23-24, recommending that the City Council adopt Ordinance No. 1508; and
WHEREAS, on December 6, 2023, the City Council held a duly noticed public hearing on the proposed Zoning Ordinance Amendment related to related to reducing the number of minimum hotel and motel guest units , at which all those wishing to be heard were allowed to speak or present written comments and other materials.
Ordinance No. 1508
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitations are hereby adopted by the City Council as findings. Based on those findings, and the evidence and records presented, the City Council determines the public health, safety and general welfare of the City, its residents, and property owners can benefit by amending the Baldwin Park Municipal Code (BPMC) to reduce the minimum number of hotel and motel guest units from the current one hundred (100) guest units to seventy (70) or more guest rooms, and it is in the best interest of the community to amend the BPMC accordingly.
The City Council further finds and determines that:
A. The proposed amendment is consistent with the goals and policies of all elements of the General Plan, and any applicable specific plan , as they implement goals and policies of the General Plan.
B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City in that the change only affects the minimum number of hotel and motel guest units or rooms.
C. The proposed amendment has been analyzed pursuant to the requirements of the California Environmental Quality Act (“CEQA”), which concluded that any environmental impact created by the proposed code amendment would be less than significant with mitigation incorporated.
SECTION 2. Based on the foregoing findings and determinations, Baldwin Park Municipal Code Title XV (“Land Usage”), Chapter 153 (“Zoning Code”), Subchapter 153.120.310 (B) is hereby amended as follows:
PART 9 – Hotels and Motels
§ 153.120.310 Development Standards
In addition to the development standards set forth in subchapter 153.050, Commercial and Industrial Zones, the following shall apply to hotels and motels:
“(B) Minimum number of guest units. The hotel or motel shall contain a minimum of 100 guest units 70 or more guest rooms.
SECTION 3. California Environmental Quality Act (“CEQA”) . The City Council finds that this Ordinance based on the information in the applications, an Initial Study was prepared for the Project pursuant to State CEQA Guidelines section 15063. The Initial Study concluded that the Project would have potentially significant impacts but that those impacts could be reduced to less than significant levels with implementation of proposed mitigation measures, the City determined that a Mitigated Negative Declaration (“MND”) Ordinance No. 1508
should be prepared for the Project pursuant to Public Resources Code sections 21064.5 and 21080(c), and the State CEQA Guidelines section 15070 et seq.; and SECTION 4. Effective Date. This ordinance shall take effect thirty (30) days after its adoption by the City Council.
PASSED AND APPROVED ON THE 7th DAY OF FEBRUARY 2023
________________________________
EMMANUEL J. ESTRADA,
MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK )
I, Christopher Saenz, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on December 6, 2023. Thereafter, said Ordinance No. 1508 was duly approved and adopted at a regular meeting of the City Council on February 7, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
CHRISTOPHER SAENZ
CITY CLERK
STAFF REPORT
ITEM NO. ____10____
TO: Honorable Mayor and Members of the City Council
FROM: Karina Rueda, Human Resources Manager
DATE: February 7, 2024
SUBJECT: Claim for Damages Rejections
SUMMARY
This report seeks City Council consideration and direction to reject the Claims for Damages to person or property received for filing against the City of Baldwin Park.
RECOMMENDATION
It is recommended that the City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants:
Rosalba Pizano Castaneda The claimant alleges bodily injury.
Paula Marie Esquerra The claimant alleges property damage.
Saida Gonzalez The claimant alleges property damage.
Manuel Lopez The claimant alleges bodily injury.
Bryan Madrigal The claimant alleges property damage.
This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Council Members refrain from making any statements, whether public or private in nature . It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Council Members.
FISCAL IMPACT
Fiscal impact is unknown at this time.
BACKGROUND
In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of motion and that the claimants are sent written notification of said action.
ALTERNATIVES
There are no other alternatives for the City Council to consider since rejection of the claims are necessary for the Statute of Limitations to begin on the claims received.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
None
STAFF REPORT
ITEM NO. ____11____
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation and
Community Services
DATE: February 7, 2024
SUBJECT: Approval of Independence Day Spectacular Budget and Award of Agreement for Pyrotechnic Show with Pyro
Spectaculars, Inc.
SUMMARY
The purpose of this report is for City Council to consider the approval of Independence Day Spectacular Budget and award of agreement to Pyro Spectaculars, Inc. in the amount of $23,000.00 for professional pyrotechnic service.
RECOMMENDATION
It is recommended that the City Council:
1. Approval of Independence Day Spectacular Budget; and
2. Award agreement to Pyro Spectaculars, Inc. for professional pyrotechnic services in the amount of $23,000; and
3. Authorize the Director of Recreation & Community Services to execute the attached agreement; and
4. Authorize the Director of Finance to appropriate from the Business Improvement Tax fund 230 in the amount of $23,000 and make necessary adjustments to the budget.
FISCAL IMPACT
There is no fiscal impact to the General Fund at this time. The funding for the pyrotechnic fireworks of $23,000 will be from Fund #230. The total estimated event costs include pyrotechnic fireworks show, carnival rides, restrooms, permits, live entertainment, stage, sound, and lighting technician totals $76,556 as listed below. The funding for the remaining of $5 3,556 will be determined during the FY 2024-25 budget process.
Independence Day Spectacular Show- Proposed Budget FY2024-25 Fulltime
Personnel
Recreation
Part-time
Personnel
Recreation
Professional
Services
Recreation
Materials &
Supplies
Printing
Recreation
Equipment
Rental
Recreation
Fulltime
Personnel
Public Works
Part-time
Personnel
Public
Works
Materials &
Supplies
Public
Works
Fulltime
Personnel
Police
Total
975 2,431 55,000 1,950 8,000 3,300 900 500 3,500 76,556
BACKGROUND
Last year at their March 1, 2023, City Council Meeting, City Council authorized the advertisement of the Request for Proposal (RFP) for professional pyrotechnic services for the Independence Day Spectacular in 2023. Last year’s pyrotechnic show was held on Monday, July 3rd totaling
$23,000.00. Therefore, the same RFP was issued on January 4, 2024, to solicit this year’s RFP, with the event date to be held on Thursday, July 4, 2024. The RFPs were due on Monday, January 22, 2024. Unfortunately, due to the high demand and the ongoi ng effects due to COVID, Thursday, July 4th was not an option.
Only four (4) companies in the United States exist to provide professional pyrotechnic services, they are Fireworks & Stage FX America, Garden State Fireworks, Inc., Pyro Spectaculars, Inc., and Zambelli Fireworks Inc. Since professional pyrotechnic services is a specialized field, staff took an active approach to increase the bid pool by placing several phone calls, emails, mailing and faxing letters to encourage the participation from these four (4) companies in the bidding process. Despite several efforts to reach out to all four (4) companies, Pyro Spectaculars, Inc. was the only vendor to submit a proposal for Wednesday, July 3, 2024, which met all the requirements set forth by the city, county, state, and federal guidelines. Fireworks & Stage FX America submitted a communication that they were completely booked and would get back to us if an opening became available. Zambelli Fireworks, Inc. Garden State Fireworks, Inc. did not submit any proposals.
The pyrotechnic show will be conducted at Sierra Vista High School Athletic Field. The Independence Day Spectacular event attracts over 6,000 spectators and is viewed as the official summer kick -off in the community.
ALTERNATIVES
The City Council may elect not to approve the agreement and provide alternative direction.
CEQA REVIEW
ln accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA pursuant to Section 15061(b((3) of the CEQA Guidelines and the general rule that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. A Fireworks Display would not be an activity with potential to cause significant effect on the environment and is when it is not performed over sensitive habitat areas.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. RFP
2. Pyrotechnic Proposal
CITY OF BALDWIN PARK
4 TH OF JULY SPECTACULAR 2024
REQUEST FOR PROPOSALS (RFP)
The City of Baldwin Park (City) conducts an annual 4th of July Fireworks show (Show) as part of its 4th of July Spectacular. The Show is held at the Sierra Vista High School. The campus is used throughout the 4th of July Celebration for various other activities and entertainment.
The City wishes to enter a one-year contract for a professional show with at least the following pyrotechnic displays:
The show must be at least approximately 18 minutes in length without breaks with appropriate patriotic music accompaniment. The contractor will not be responsible for the sound system although must provide the audible portion of the show.
FIREWORKS SPECIFICATIONS:
Base Bid
1. Duration of display - 18-minute minimum.
2. Show will have a minimum of 2,000-fired pieces.
3. Fireworks Bid not to exceed $23,000.
4. Fireworks ignition – electronic.
5. $5,000,000 single limit liability insurance naming the City of Baldwin Park, Baldwin Park Unified School District, Sierra Vista High School, Los Angeles County Fire Department, and each of their officers, agents, employees, and volunteers additional insured.
6. Maximum shell size: 3”.
7. Sand free firing racks.
8. No ground set pieces.
9. Music and voice narration CD provided.
10. Fall out zone to comply with National Fire Protection Association Code 1123, Los Angeles County Fire Department and any other government agencies.
DELIVERABLES:
Base Bid
1. Vendor and fireworks must arrive no later than 9:00am on Thursday, July 4, 2024, at Sierra Vista High School, 3600 Frazier Street, Baldwin Park, CA 91706. The fireworks show to start at 9:00pm sharp.
2. Vendor must provide all safety equipment for themselves and their crew. (Ear plugs, hard hats, eye protection, gloves, long sleeve protective clothing, etc.).
3. Vendor must provide all supplies needed for set-up and show which include but are not limited to hammers, racks, fuses, fire extinguishers, and anything needed to provide a successful show.
PERMITS:
1. Vendor MUST obtain all permits or licenses required by law. Cost must be included in bid.
2. Vendor must obtain a business license permit from the City of Baldwin Park. The business license permit can be purchased at:
City of Baldwin Park
City Hall – 2nd Floor
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Business Hours –
Monday - Thursday 7:30am to 6:00pm
Phone- (626) 960-4011, Extension, 119
3. Vendor MUST abide by all rules and regulations imposed by law including National Fire Protection Association Code 1123 and California Code of Regulations, Title 19, Chapter 6 and the California Health & Safety Code 12500-12726.
Please note the vendor will be responsible for all permit fees required by Los Angeles County Fire Department and any other Government Agencies. The city is to be informed of any additional fees.
MEETINGS:
1. PRIOR to the award of the contract, a representative must meet with City for a site inspection.
2. Meet with the City a minimum of two (2) times prior to the event. A pyrotechnic shooter must be present to review the site with City representatives one of these times.
INSURANCE:
1. Provide insurance from a company authorized to do business in the State of California.
2. Must agree to hold harmless, indemnify and defend the City of Baldwin Park, Baldwin Park Unified School District, Sierra Vista High School, Los Angeles County Fire Department, and each of their officers, agents, employees and volunteers and as additionally insured.
3. Vendor shall obtain at its sole cost and file with the City of Baldwin Park, City Clerk’s Office, a policy or policies of insurance or a certificate of insurance and Vendor must obtain a business license permit from the City of Baldwin Park:
a. Naming the City of Baldwin Park, Baldwin Park Unified School District, Sierra Vista High School, Los Angeles County Fire Department, its officers, agents, employees and volunteers and as additionally insured.
b. Provide that said policy or policies shall contain a clear cancellation and/or reschedule provision, as to the City’s options in case of inclement weather or severe wind.
c. Each policy of insurance must be issued by an insurance company which is authorized to do business in the State of California.
d. Insurance with the following limits.
(1) Workers Compensation: Before beginning work, vendor shall supply proof of full workers compensation insurance for all persons to be employed directly in carrying out the work as specified in accordance with the laws of the State of California.
(2) Comprehensive General Liability: (Bodily Injury and Property Damage) which shall include limits of at least $5 million single limit.
PAYMENT:
50% to be due June 17, 2024, and balance due on July 11, 2024.
PROPOSALS:
Proposals must be submitted as follows:
1. Description of the proposed show indicating size and type of devise planned.
2. Contractor qualifications including required licenses (and expiration date) and references of other local municipalities served (minimum of three).
3. Proposed staffing with descriptions of experience and qualifications with Name and Contact numbers.
4. Proof of insurance or insurability.
5. Assurances that the proposal will comply with each of the requirements.
6. Quote for year, if the City chooses to extend the contract for two years.
7. Assurances as to quality of show and customer satisfaction.
Please submit two (2) copies of your proposals by Monday, January 22, 2024, at 10:00am to:
City of Baldwin Park
Department of Recreation & Community Services
4100 Baldwin Park Blvd.
Baldwin Park, CA 91706
Attention: Manuel Carrillo Jr.
Proposals will be presented to the public at the above address on Monday, January 22, 2024, at 10:00am. Proposals will be evaluated first on compliance with the requirements established in this request for proposal, safety record, training, and price.
The City of Baldwin Park reserves the right to reject any and all bids for any reason.
Any questions regarding this request for proposals, please contact Manuel Carrillo Jr., Director of Recreation & Community Services, at (626) 813-5269 or electronically at [email protected] by Friday, January 12, 2024.
STAFF REPORT
ITEM NO. ___12 _
TO: Honorable Mayor and Members of the City Council
FROM:
PREPARED BY:
Sam Gutierrez, Director of Public Works
David Lopez, Associate Engineer
DATE: February 7, 2024
SUBJECT: Approval of Revised Relinquishment Agreement with Caltrans for the Relinquishment of State Highway Roads and Collateral Facilities Fronting Interstate 10 Within the Boundaries of the City of Baldwin Park
SUMMARY
This report seeks City Council approval of revisions to the current Relinquishment Agreement with the State of California Department of Transportation (Caltrans) for the relinquishment of state highway roads and collateral facilities within the City of Baldwin Park. This item was originally approved by the City Council on April 5, 2023 and is being brought back because of subsequent changes made by Caltrans staff post City Council approval.
Caltrans submitted the updated Agreement which focuses on clean-up language to sections I, II, III, and added references to an updated Environmental Disclosure Memorandum (EDM).
RECOMMENDATION
It is Staff’s recommendation that the City Council approve the updated Relinquishment Agreement with the State of California Department of Transportation (Caltrans) for the relinquishment of state highway roads and facilities and authorize the Mayor to execute the agreement.
FISCAL IMPACT
There is no impact to the General Fund.
BACKGROUND
As part of the State’s I-10 Freeway widening project, portions of Garvey Avenue, Dalewood Avenue and certain parcels were acquired by the State and repositioned (narrowed) to accommodate freeway improvements and to use as a temporary construction easement. Among the properties taken were State owned parcels that were leased by the City for use as a public park and open space parkette known as “Roadside Park”. Caltrans completed the freeway widening project in 2020 and is releasing its interest in the use of excess land, residual to the project, through property sale and/or relinquishment.
On April 5, 2023, the City Council approved the Relinquishment Agreement and Adopted Resolution No. 2023- 013 entitled, “A Resolution of the City Council of the City of Bal dwin Park Approving Relinquishment of State Highway Roads and Collateral Facilities Fronting Interstate 10 Within the Territorial Boundaries of the City of Baldwin Park.”
In December 2023 Caltrans sent City Staff an update to the relinquishment agreement that when approved will be taken for approval consideration to the California Transportation Commission (CTC).
DISCUSSION
In December 2023, staff received an update to the relinquishment agreement from Caltrans which was reviewed by the City Attorney and is recommended that City Council approve the revised Relinquishment Agreement.
Since the intent of the Relinquishment Agreement and the resu lting property relinquishment do not change, the
April 5, 2023, approved resolution will not need to be revised and is acceptable.
The revised agreement provides clarified language to various agreement sections and makes reference to an updated Environmental Disclosure Memorandum - Relinquishment of Parcel DD 980592 -01-01, PM 31.8, City of Baldwin Park, Los Angeles County, California (EDM) dated May 17, 2023. Those changes have been vetted by the City Attorney and will not require a new resolution.
The City will take ownership of the relinquished facilities upon approval by the CTC which is expected in March 2024 at which time the Resolution of Relinquishment and Caltrans’s recording of the resolution takes place with the County Recorder’s Office. It is the City’s intent to start the design of improvements for Roadside Park as soon as the relinquishment is approved and recorded with the County Recorder’s Office.
ALTERNATIVES
There are no recommended alternatives. The City Council adopted Resolution No. 2023 -013 and approved Relinquishment Agreement on April 5, 2023. The updated agreement approval is a formality as Caltrans staff made minor changes to the agreement which have been reviewed and approved by city and legal staff.
CEQA REVIEW
The California Department of Transportation (Caltrans) Office of Environmental Engineering (OEE), Hazardous Waste South Branch conducted a hazardous waste assessment for an excess Caltrans Parcel DD 980592 -01-01 (EDM) dated May 17, 2023. To the extent that matters, the action contemplated by this report involves only the transfer of property rights, therefore the proposed action is exempt from review under CEQA pursuant to CEQA Guidelines Section 15061(b)(3). Any future project conte mplated on the parcel will be reviewed for CEQA compliance at that time.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Updated Relinquishment Agreement 07-5287 with Caltrans
2. Hazardous Waste Assessment dated May 17, 2023
3. Resolution No. 2023-013
07-LA-10-
31.2/32.2
EA 11707
Project ID 0700000083
Agreement 07-5287
1 RELINQUISHMENT AGREEMENT
(STATE HIGHWAY)
This AGREEMENT, executed on and effective from _____(date)_____, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Baldwin Park, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.
RECITALS
1. CALTRANS and CITY, pursuant to California Streets and Highways Code Section 73, are authorized to enter into a cooperative agreement in order to relinquish to CITY a portion of a State Highway within CITY’s jurisdiction.
2. CALTRANS intends to relinquish to CITY that portion of Interstate 10 on Garvey Avenue and Dalewood Avenue consisting of frontage roads, traveled way, shoulders, curbs and gutters, and sidewalks between Interstate 605 and Baldwin Park Boulevard as shown in Exhibit A, additionally the Dalewood Street drainage basin (Tract No 13211, Lots 22-28) will also be relinquished as shown in Exhibit A, which is attached to and made a part of this AGREEMENT, referred to hereinafter as RELINQUISHED FACILITIES. This relinquishment is based on collateral facilities. CITY is willing to accept said RELINQUISHED FACILITIES upon approval by the California Transportation Commission (CTC) of a Resolution of Relinquishment and CALTRANS’s recording of said Resolution with the County Recorder’s Office.
3. CALTRANS and CITY agree that RELINQUISHED FACILITIES are currently in a state of good repair.
4. CALTRANS and CITY, individually referred to as PARTY and collectively referred to as PARTIES, herein intend to define the terms and conditions under which relinquishment of the RELINQUISHED FACILITIES is to be accomplished.
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2 SECTION I
CITY AGREES:
5. Execution of this AGREEMENT constitutes CITY’s waiver of CALTRANS’s obligation to provide ninety (90) days prior notice of CALTRANS’s "Intention to Relinquish" as set forth in Streets and Highways Code Section 73.
6. To accept ownership, including all of CALTRANS’s current obligations, rights, title, and interest in RELINQUISHED FACILITIES upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office and to thereafter operate, maintain, and be liable for RELINQUISHED FACILITIES at no additional cost to CALTRANS.
7. To accept the RELINQUISHED FACILITIES in their current environmental condition and setting, including but not limited to, the presence of hazardous materials as described in the “ENVIRONMENTAL DISCLOSURE MEMO – RELINQUISHM ENT OF PARCEL DD 980592-01-01, PM 31.8, CITY OF BALDWIN PARK, LOS ANGELES COUNTY, CALIFORNIA” (EDM) dated May 17, 2023. CITY has received and reviewed a copy of the above-referenced EDM. It is understood that within one year prior of the CTC date of approval of the resolution of relinquishment, CALTRANS will conduct a review of the above-referenced EDM and if it determines that there is substantive or potentially substantive adverse change to the environment that did not exist at the time of the above-referenced EDM, CALTRANS shall immediately notify CITY of said changes. If no substantive or potentially substantive adverse change to the environment is found to exist, acceptance of the relinquishment in its current environmental condition shall remain in effect.
Copies of the above-referenced EDM and
any updates are available at the district environmental office. Upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office, CALTRANS will not be responsible for any present or future remediation of said hazardous materials.
SECTION II
CALTRANS AGREES:
8. To relinquish, upon the approval of the CTC’s Resol ution of Relinquishment, the RELINQUISHED FACILITIES.
9. To submit the CTC Resolution of Relinquishment to the County Recorder’s Office for recording.
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Project ID 0700000083
Agreement 07-5287
3 10. Upon CITY’s specific request, to transfer to CITY within sixty (60) days of such request, copies of available CALTRANS records and files for the RELINQUISHED FACILITIES, such as plans, survey data and right-of-way information.
SECTION III
IT IS MUTUALLY AGREED:
11. All portions of this AGREEMENT, including the Recitals section, are enforceable.
12. All CALTRANS’ obligations and commitments under the terms of this AGREEMENT are subject to the appropriation of resources by the Legislature, State Budget Act authority, programming, and allocation of funds by the California Transportation Commission (CTC).
13. Notwithstanding the terms of this AGREEMENT, PARTIES agree to abide by the funding guidelines for all contributed funds that are programmed and allocated by the CTC.
14. CALTRANS reserves the right to enter, at no cost to CALTRANS, the RELINQUISHED FACILITIES, to modify or add signage, drainage, and other improvements necessary for State Highway operations. CITY agrees to allow CALTRANS access to operate, maintain, add, remove, or modify CALTRANS’ faciliti es retained in those RELINQUISHED FACILITIES.
15. CITY shall fully defend, indemnify and save harmless CALTRANS and all of its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including but not limited to, claims or lawsuits related to the presence of hazardous materials as described in the EDM, dated May 17, 2023, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred on or arise after the date of the recordation of the CTC’s Resolution of Relinquishment.
07-LA-10-
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Project ID 0700000083
Agreement 07-5287
4 16. CALTRANS shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including, but not limited to, claims or lawsuits related to the presence of hazardous materials as described in the EDM, dated May 17, 2023, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred or arose before the date of recordation of the CTC’s Resolution of Relinquishment.
17. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify and save harmless CALTRANS and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub- contractors, and/or its agents under this AGREEMENT.
18. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
19. No alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES hereto.
20. This AGREEMENT shall terminate upon recordation of the CTC’s Resolution of Relinquishment for the RELINQUISHED FACILITIES in the County Recorder’s Office, except for those provisions which relate to indemnification, ownership, operation, and maintenance, which shall remain in effect until terminated or modified in writing by mutual agreement.
07-LA-10-
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Project ID 0700000083
Agreement 07-5287
5 CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT.
CITY OF BALDWIN PARK
CALTRANS
Project Manager: Mehdi Salehinik______
Phone Number: (213) 269-0787________
E-mail: [email protected]____
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07-LA-10-
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Project ID 0700000083
Agreement 07-5287
6 SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: _______________________________
Gloria Roberts
D7 District Director
VERIFIED OF FUNDS & AUTHORITY:
By: _______________________________
Vickie Murphy
District Budget Manager
APPROVED AS TO FORM &
PROCEDURE:
By: _______________________________
Meera Danday
Deputy Attorney
Department of Transportation
CITY OF BALDWIN PARK
APPROVED AS TO FORM &
PROCEDURE:
Attest: ______________________________
Shirley Quiñones
Chief Deputy City Clerk
By: _______________________________
Marco A. Martinez
City Attorney
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07-LA-10-31 .2/32.2
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Project ID 0700000083
Agreement 07-5287
7 EXHIBIT A – RELINQUISHMENT MAP
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8 07-LA-10-31 .2/32.2
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Project ID 0700000083
Agreement 07-5287
9 State of California California State Transportation Agency
DEPARTMENT OF TRANSPORTATION
“Provide a safe, sustainable, integrated and efficient transportation system
to enhance California’ s economy and livability”
M e m o r a n d u m Making Conservation
a California Way of Life.
The Office of Environmental Engineering (OEE) is in receipt of your memorandum dated March 23, 2023 , requesting a Hazardous Waste Assessment for the above -mentioned Director Connector Design Build Relinquishment project . The Office of Design C is working with the Right of Way Unit to relinquish Garvey Avenue and Dalewood Street and Parcel DD 980592-01-01 (referred to herein as “the Parcel”) to the City of Baldwin Park.
Parcel DD 980592-01-01 was originally a park owned by the State but will now be relinquished to the City as a collateral facility along with Garvey Avenue and Dalewood Street. The Parcel is located south of Interstate 10, PM 31.8 and east of the intersection at Dalewood Street and Leorita Street in the City of Baldwin Park, California. The two streets have been reconstructed and there is no hazardous waste according to the Hazardous Waste request from Office of Design C ; however the Agreement section requests for an HMDD for the two paved streets.
The purpose of this hazardous waste assessment is to identify known or potential sources of contamination or Recognized Environmental Conditions (RECs) that may adversely affect the Parcel. Pursuant to American Society for Testing and Materials (ASTM) 1527 - 13, REC means the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment.
This hazardous waste assessment was prepared based on a review of online historical and current aerial photographs and information available on the Los Angeles Water Quality To:
Refugio Dominguez, Transportation Engineer
Office of Design C
Date:
May 17, 2023
Attn: Aaron Foong, Transportation Engineer
Office of Design C
File:
07-LA-10
PM 31.8
SR-10/605 Direct
Connector Design
Build Project
(Relinquishment EA
24540)
PN:
EA:
1846-0700000431
07-24540
From: DEPARTMENT OF TRANSPORTATION
OEE-HAZARDOUS WASTE BRANCH, SOUTH REGION
DIVISION OF ENVIRONMENTAL PLANNING
Subject:
HAZARDOUS WASTE ASSESSMENT – RELINQUISHMENT OF PARCEL DD 980592-01-01, PM 31.8, CITY OF BALDWIN PARK, LOS ANGELES COUNTY,
CALIFORNIA
EA: 07-24540 (PN: 1846-0700000431)
Hazardous Waste Assessment
May 17, 2023
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’ s economy and livability” Control Board’s GEOTRACKER and the California Department of Toxic Substances Control (DTSC) ENVIROSTOR environmental databases.
HAZARDOUS WASTE ASSESSMENT
Material Containing Hazardous Waste Concentrations of Aerially Deposited Lead (ADL):
The Parcel to be relinquished to the City along with Garvey Avenue and Dalewood Street were investigated for ADL. ADL is typically found along the unpaved areas adjacent to heavily traveled highways. ADL is the result of tailpipe emissions during the years that lead was used as an additive in gasoline.
It is Caltrans’ policy to evaluate and investigate those unpaved areas where they are impacted by projects to ensure that workers are properly protected from lead exposure through training and appropriate work practices, and to manage ADL containin g soils in compliance with all applicable laws and regulations while minimizing costs to the project and future state liability. Hazardous waste law requires that this material, once excavated, be managed, transported, and disposed at a Class I disposal facility as a hazardous waste.
OEE referenced relevant ADL Site Investigation (SI) reports to evaluate the extent and degree of ADL contamination in soil. The referenced reports are applicable to the project as the data collected are near the same Area of Contamination (AOC). OEE referenced Aerially Deposited Lead Site Investigation Report by Ninyo & Moore Geotechnical and Environmental Sciences Consultants for Lead Site Investigation Report Interstate 10 HOV Widening Project Expenditure Authorization No. 0 7-117070 in Los Angeles County, California. The total lead (TTLC) ranges from 5 mg/kg to 3 300 mg/kg , the soluble threshold limit concentration (STLC) ra nges from 0.48 mg/L to 74 mg/L, and the total toxicity characteristic leaching procedure (TCLP) ranges from 0.2 mg/L to 31 mg/L at various locations on Garvey Street. The total lead (TTLC) ranges from 5 mg/kg to 3800 mg/kg, the soluble threshold limit concentration (STLC) ranges from 0. 23 mg/L to 170 mg/L, and the total toxicity characteristic leaching procedure (TCLP) ranges from 0.2 mg/L to 6.6 mg/L at various locations on Dalewood Street.
Other Hazardous Waste Materials:
OEE referenced Aerially Deposited Lead Site Investigation Report by Ninyo & Moore Geotechnical and Environmental Sciences Consultants for Lead Site Investigation Report Interstate 10 HOV Widening Project Expenditure Authorization No. 07 -117070 in Los Angeles County, California. Per the report, boring 569-303 at 0.9 meters contain elevated metal of total chromium (Cr) at 600 mg/kg and nickel (Ni) at 440 mg/kg and boring 569- 404 at 0.6 meters contain elevated mercury (Hg) at 2.2 mg/kg.
Environmental Database Review:
EA: 07-24540 (PN: 1846-0700000431)
Hazardous Waste Assessment
May 17, 2023
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’ s economy and livability” OEE reviewed the State Resources Water Control Board GEOTRACKER and the California Department of Toxic Substance Control (DTSC) ENVIROSTOR environmental databases to identify potential Recognized Environmental Conditions (RECs) with respect to potential so il, soil vapor, and groundwater related to planned improvements. The objective of the environmental research is to evaluate and determine if there are reported REC sites that exist that may impact the proposed improvements. Based on the database review, there are (6) REC sites within 600 feet radius search from the project location on Garvey Avenue, Dalewood Street and the Parcel at PM 31.8.
1) STEINY AND COMPANY INC (T0603785128) located at 12907 E. Garvey Avenue, Baldwin Park, CA 91706 (Status: Completed – Case Closed )
The site is located on Garvey Avenue. The potential contaminants of concern is diesel and the potential media of concern is under investigation. The case is closed as of 9/25/2008. Based on the Site Assessment Report by Steiny and Company dated January 2006, the site is utilized as an operating industrial property with service and manufacturing businesses operating in the existing two story facility structure. An open area utilized for truck staging is to the north of the structure. One 10,000 gallon underground fuel storage tank, one 5,000 gallon underground storage tank and two product dispensers were removed from site in 1999. Detectable concentrations of total petroleum as diesel (TPH -d), toluene, ethylbenzene and xylenes were reported in the sample beneath the diesel dispenser. The depth to groundwater was 74.7 feet when measured in April 2005. One geoprobe exploratory soil boring was advanced to a total depth of 26 feet below surface grade (bgs) in 2005. Analytical test results reported no detectable concentrations of TPH-g or BTEX, MTBE or oxygenate compounds in any of the soil samples collected during the investigation. Based on the anticipated depth of groundwater, lack of any detectable hydrocarbons in any of the soil samples, the report concluded that any environmental risk is minimal and no further remedial or assessment activities are warranted. Based on the above information, t he site should not be of adverse effect.
2) SHELL (T0603702625) located at 12999 Garvey Avenue, Baldwin Park, CA 91706 (Status: Completed – Case Closed)
The site is located approximately 20’ north of the project site. The p otential contaminants of concern is gasoline and the potential media of concern is aquifer used for drinking water supply. The case is closed as of 7/27/1994. No additional information is available on Geotracker. Based on the above information, the site should not be of adverse effect.
3) SHELL SERVICE STATION (FORMER) (T0603792879) located at 12999 Garvey Avenue, Baldwin Park, CA 91706 (Status: Completed – Case Closed)
The site is located approximately 159’ northeast of the project site. The potential contaminants of concern is gasoline and the potential media of concern is aquifer used for drinking water supply. According to soil boring-31, toluene was detected in the soil EA: 07-24540 (PN: 1846-0700000431)
Hazardous Waste Assessment
May 17, 2023
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’ s economy and livability” but not exceeding Environmental Protection Agency (EPA) Regional Screening Limit (RSL). According to soil boring-32, arsenic, barium, cobalt, copper, mercury, o-xylene, tert-butyl alcohol (TBA), toluene, vanadium, xylene isomers m&p, and zinc were detected below EPA RSL limit and chromium was detect ed at 8.65 mg/kg, ethylbenzene at 2000 ug/kg, and total petroleum hydrocarbon (TPH) as gasoline at 1600 mg/kg, all of which are above the EPA RSL limit. The depth to groundwater is approximately 97.25 feet. The case is closed as of 11/20/2003. Based on the above information, the site should not be of adverse effect.
4) ALTMAN'S WINNEBAGO (T10000014817) located at 1201 Baldwin Park Boulevard, Baldwin Park, CA 91706 (Status: Completed – Case Closed)
The site is located approximately 202’ east of the project site. The potential contaminants of concern is not specified and the potential media of concern is not specified. The case is closed as of 1/1/1996. No additional information is available on Geotracker. Based on the above information, the site should not be of adverse effect.
5) ALTMANS (T10000014496) located at 1155 Baldwin Park Boulevard, Baldwin Park, CA 91706 (Status: Completed – Case Closed)
The site is located approximately 376’ southeast of the project site. The potential contaminants of concern is not specified and the potential media of concern is not specified. The case is closed as of 10/31/1996. No additional information is available on Geotracker. Based on the above information, the site should not be of adverse effect.
6) ABANDONED SERVICE STATION (T0603705440) located at 13477 Dalewood Street, Baldwin Park, CA 91706 (Status: Completed – Case Closed)
The site is located approximately 558’ southeast of the project site. The potential contaminants of concern is waste oil / motor / hydraulic / lubricating and the potential media of concern is soil. The case is closed as of 8/1/1997. Based on Underground Storage Tank Case Closure report dated August 199 7, no further action related to the underground storage tank release is required. The Site Cleanup Unit has reviewed the site characterization data and has determined that all chlorinated compound contamination, primarily PCE, is at or below soil cleanup c riteria and no further assessment or remediation of those compounds is required. Based on the above information, the site should not be of adverse effect.
Site Reconnaissance:
Previous Hazardous Waste Assessment dated August 31, 2020 indicated the parcel consisted of 34,889 square feet sparsely vegetated land with an infiltration basin occupying the majority of the Parcel. The overflow spillway trench is located in the northeastern corner of the Parcel and reinforced concrete pipe and inlet and driveway located in the northwestern corner. The infiltration basin is enclosed by chain link fencing. Prior to the Caltrans Freeway Widening Project, the Parcel was used as a park owned by the City of EA: 07-24540 (PN: 1846-0700000431)
Hazardous Waste Assessment
May 17, 2023
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’ s economy and livability” Baldwin Park until 2012. Based on online historical aerial photographs, Garvey Avenue and Dalewood Street were constructed between 1952 and 1964 and the infiltration basin was constructed between 2014 and 2016.
This review is applicable to the scope of work described above. Any changes in the scope of work will require a Hazardous Waste Re -Assessment. If you have any questions, I can be reached at [email protected], (213) 269-1109, or contact Connie Tsui of my staff at [email protected], (213) 332-0635.
Tuanchi (Jack) Liu, PE., STE
District Hazardous Waste Branch (South Region)
Office of Environmental Engineering (OEE)
Division of Environmental Planning
Attachment(s):
Reference: 08.31.20 Excess Parcel HWA-DD-980592-01-01.0R004 F1860C-4C
Rel-1267 (Map) 4-20-22
File: D07ENvPlngDocs
Eduardo Aguilar – Division of Environmental Planning
EA: 07-24540 (PN: 1846-0700000431)
Hazardous Waste Assessment
May 17, 2023
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’ s economy and livability”
ENVIRONMENTAL DATABASE
EA: 07-24540 (PN: 1846-0700000431)
Hazardous Waste Assessment
May 17, 2023
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’ s economy and livability”
EXISTING ADL BORING LOCATIONS
State of California California State Transportation Agency
DEPARTMENT OF TRANSPORTATION
“Provide a safe, sustainable, integrated and efficient transportation system
to enhance California’ s economy and livability”
M e m o r a n d u m Making Conservation
a California Way of Life.
This memo combined with the attached Hazardous Waste Assessment (Exhibit C), dated May 17, 2023, presents an assessment of known or likely hazardous materials and waste related concerns pertaining to relinquishment Parcel DD 980592 -01-01 as a collateral facility along with Garvey Avenue and Dalewood Street. The Parcel is located south of Interstate 10, PM 31.8 and east of the intersection at Dalewood Street and Leorita Street in the City of Baldwin Park, California.
Site Description
The Parcel is located south of Interstate 10, PM 31.8 and east of the intersection at Dalewood Street and Leorita Street in the City of Baldwin Park, California. Parcel DD 980592-01-01 along with Garvey Avenue and Dalewood Street are identified on the attached drawing Exhibit A (Relinquishment Map REL-1267) and Exhibit B (Right of Way Record Map No. F-1860C-4C).
Site Reconnaissance
Parcel DD 980592-01-01 was originally a park owned by the State but will now be relinquished to the City as a collateral facility along with Garvey Avenue and Dalewood Street. The two streets have been reconstructed. Previous Hazardous Waste Assessment dated August 31, 2020 indicated the parcel consisted of 34,889 square feet sparsely vegetated land with an infiltration basin occupying the majority of the Parcel. The overflow To: Refugio Dominguez, Transportation Engineer
Office of Design C Date: May 31, 2023
Submitted
By:
HQ
Notified:
Connie Tsui, Transportation Engineer
Office of Environmental Engineering
File:
07-LA-10
PM 31.8
SR-10/605 Direct
Connector Design
Build Project
(Relinquishment
EA 24540)
PN:
EA:
1846-0700000431
07-24540
From:
Arron Rambach, PE
Caltrans Headquarter Hazardous Waste, Air
Noise & Paleontology Office
Subject:
DEPARTMENT OF TRANSPORTATION
OEE-HAZARDOUS WASTE BRANCH, SOUTH
REGION DIVISION OF ENVIRONMENTAL PLANNING
ENVIRONMENTAL DISCLOSURE MEMO – RELINQUISHMENT OF PARCEL DD 980592-01-01, PM 31.8, CITY OF BALDWIN PARK, LOS ANGELES
COUNTY, CALIFORNIA
on 6/29/23
EA: 07-24540 (PN: 1846-0700000431)
May 31, 2023
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’ s economy and livability” spillway trench is located in the northeastern corner of the Parcel and reinforced concrete pipe and inlet and driveway located in the northwestern corner. The infiltration basin is enclosed by chain link fencing. Prior to the Caltrans Freeway Widening Project, the Parcel was used as a park owned by the City of Baldwin Park until 2012. Based on online historical aerial photographs, Garvey Avenue and Dalewood Street were constructed between 1952 and 1964 and the infiltration basin was constructed between 2014 and 2016.
Utility Easements and Pipelines
Review of the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) National Pipeline Mapping System (NPMS) public viewer revealed no accidents/incidents (liquid and gas), gas transmission pipelines, hazardous liquid pipelines, LNG plants, breakout tanks within the relinquishment area.
Environmental Database (Geotracker / Envirostor)
.
Caltrans reviewed the State Water Resources Control Board GEOTRACKER and the California Department of Toxic Substance Control (DTSC) ENVIROSTOR environmental databases to identify potential Recognized Environmental Conditions (RECs) with respect to potential soil, soil vapor, and groundwater related to planned improvements. The objective of the environmental research is to evaluate and determine if there are reported REC sites that exist that may impact the proposed improvements. Based on the database review, there are (6) REC sites within 600 feet radius search from the project location on Garvey Avenue, Dalewood Street and the Parcel at PM 31.8. A summary of the cases from the information provided in Geotracker / Envirostor are included in the PHWA. 1) STEINY AND COMPANY INC (T0603785128) located at 12907 E. Garvey Avenue, Baldwin Park, CA 91706 (Status: Completed – Case Closed) 2) SHELL (T0603702625) located at 12999 Garvey Avenue, Baldwin Park, CA 91706 (Status: Completed – Case Closed)
3) SHELL SERVICE STATION (FORMER) (T0603792 879) located at 12999 Garvey Avenue, Baldwin Park, CA 91706 (Status: Completed – Case Closed) 4) ALTMAN'S WINNEBAGO (T10000014817) located at 1201 Baldwin Park Boulevard, Baldwin Park, CA 91706 (Status: Completed – Case Closed) 5) ALTMANS (T10000014496) located at 1155 Baldwin Park Boulevard, Baldwin Park, CA 91706 (Status: Completed – Case Closed)
6) ABANDONED SERVICE STATION (T0603705440) located at 13477 Dalewood Street, Baldwin Park, CA 91706 (Status: Completed – Case Closed) Aerially Deposited Lead
Tetraethyl lead was first added to gasoline, as an anti -knock additive, in the early 1920s.
California ended the use of leaded fuel for any on-road motor vehicles in 1994, within the remainder of the United States banning use in 1996. Lead is still an addi tive to aviation fuels. Particulate lead was discharged in vehicle exhaust settling on and along California’s highways. The lead discharged from motor vehicles that accumulated in roadside soil is EA: 07-24540 (PN: 1846-0700000431)
May 31, 2023
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’ s economy and livability” referred to as aerially deposited lead (ADL). Elevated conc entrations of ADL are present in roadside soils throughout California.
Due to use history of relinquishment area and surrounding area, ADL may be present within the area to be relinquished. Caltrans had historical ADL reports near the vicinity of relinquishment area. Soil with elevated ADL must be appropriately managed.
Striping / Pavement Markings
Lead chromate was a constituent of striping paint and pavement marking materials but has been phased out by Caltrans. However, older striping and pavement marking materials having elevated concentrations of lead may still be present. Caltrans did not test these materials to determine if they contain lead chromate. These materials must be appropriately managed if they contain elevated lead chromate.
California Geologic Survey Mineral Hazard Database Review The California Geologic Survey has compiled maps identifying mineral hazards within California, including petroleum, lithologic units and structures containing naturally occurring asbestos, mercury, asbestos, and other mineral hazards.
These maps indicate that the relinquishment area is not located within a geologic unit known to contain naturally occurring asbestos , ADL burial sites, or other hazardous minerals.
There are no known mine locations, geothermal wells, oil & gas seeps, thermal springs, faults, mining districts, NOA rock units, and mining disturbed areas identified on the Division of Conservation Geologic Energy Management Division (CalGEM) maps within or adjacent to the relinquishment area.
Attachment(s):
Reference:
Exhibit B F1860C-4C
Exhibit A Rel-1267 (Map) 4-20-22
Exhibit C Hazardous Waste Assessment
cc: D07ENvPlngDocs
Eduardo Aguilar – Division of Environmental Planning
EXHIBIT A
RELINQUISHMENT MAP REL-1267
COUNTYROUTEPOST MILESNO.
TOTAL SHEET STATEFEDERAL PROJECT NO.
07 SHEETS
PROFESSIONAL LAND SURVEYOR
DIST
CALIF
APPROVAL DATE
1 DISTRICT RIGHT OF WAY ENGINEER
3 LA STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
DR'N BYST
C'LC BYST
C'K'D BY
REVISED
R
/
W
M
A
P
N
O
.
CONTRACT NO.
REL-1267
10 IN THE CITY OF BALDWIN PARK, ALONG ROUTE 10 FREEWAY
DEPARTMENT OF TRANSPORTATION
PROPOSED RELINQUISHMENT
FEET
0 AREA TO BE RELINQUISHED
ACCESS PROHIBITED
CALIFORNIA STATE TRANSPORTATION AGENCY
50100150200
FROM ROUTE 605 FREEWAY TO BALDWIN PARK BOULEVARD
N45^13'30"W
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TRACT NO. 10953TRACT NO. 10953
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A N44°46'30"E 42.04'
SEGMENT 1
SEGMENT 2
5 DIVIDE GRID DISTANCE BY COMBINATION FACTOR 0.9999723
ALL DISTANCES ARE GRID. TO OBTAIN GROUND DISTANCES
ZONE 5, NORTH AMERICAN DATUM (NAD) OF 1983
BASED UPON THE CALIFORNIA COORDINATE SYSTEM,
BEARINGS AND DISTANCES SHOWN HEREON ARE
F
19 6
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0 PREVIOUS ACCESS PROHIBITED
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SEE DETAIL
FILED FOR RECORD IN
STATE HIGHWAY MAP BOOK NO.
DATE:AT PAGE
RECORDERS INDEX NO.
RECORDS OFCOUNTY
NOTE: States rights are not extinguished or
transfer of title is not effected until
recordation of related CTC resolution.
(In compliance with Sections 128 & 129
of the STREETS & HIGHWAYS Code)
ST
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SEGMENT 2
NOT TO SCALE
AREA TO BE RELINQUISHED
SAN BERNARDINO FWY.RTE. 10SAN BERNARDINO FWY.RTE. 10
RTE. 605
SAN GABRIEL RIVER FWY.
SEGMENT 1
SEGMENT 3 SEGMENT 4
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PR
Exp.
TAT
ORN
O E
SI
N
L
L
UREYOR
S
A
A
V
A
F S
N
S
STEPHEN M. HUGHEY
4996
12-31-23
F
E
C
L
O
F
A
COUNTYROUTEPOST MILESNO.
TOTAL SHEET STATEFEDERAL PROJECT NO.
07 SHEETS
PROFESSIONAL LAND SURVEYOR
DIST
CALIF
APPROVAL DATE
2 DISTRICT RIGHT OF WAY ENGINEER
3 LA32.7
DR'N BYST
C'LC BYST
C'K'D BY
REVISED
R
/
W
M
A
P
N
O
.
CONTRACT NO.
REL-1267
10 DEPARTMENT OF TRANSPORTATION
PROPOSED RELINQUISHMENT
FEET
0 AREA TO BE RELINQUISHED
CALIFORNIA STATE TRANSPORTATION AGENCY
50100150200
S
8 0
°
0 7
'
1 8
"
W
A
L
L
E
Y
N13°32'59"W
9 3
.
9 1
'
L
=
5 8
.
9 7
'
=
1 2
2 °
5 3
'
4 7
"
R
=
2 7
.
4 9
'
94.54'
111.69'
129.31'
154.28'
178.20'
S9°52'42"E 288.61'
284.22'
S9°52'42"E 344.22'
60.00'
9 1
.
3 7
'
1 0
8 .
1 5
'
1 0
0 .
0 0
'
30'
30'
'
4 3
.
6 3
2 =
L
"
8 1
'
5 1
°
8 0
=
'
2 4
.
0 4
6 1
=
R
'
0 5
.
8 3
2 =
L
"
8 1
'
5 1
°
8 0
=
'
4 3
.
5 5
6 1
=
R
2 0
0 .
4 6
'
6 .
3 6
'
N
7 1
°
5 2
'
0 0
"
E
'
2 4
.
3 1
6 1
=
R
'
6 1
.
0 0
1 =
L
'
1 3
.
4 9
=
L
'
8 4
.
6 3
=
L
G
A
R
V
E
Y
A
V
E
.
BESS AVE.
FRAZIER ST.
TRACT NO. 61346
M.B. 1318-68/70
PI 43-44
RANCHO LA PUENTE
28'
1 2
3 4
5 6
8 9
10 11
7 L
O
T
B
L
O
T
D
LOT A
S85°00'04"W
37.73'
'
7 1
.
4 3
1 =
L
'
7 1
.
5 5
6 =
R
N
8 3
°
1 5
'
5 7
"
W
8 3
.
6 4
'
'7
4 .
2 7
=
L
'3
2 .
0 3
1 =
R
N
5 1
°
2 2
'
5 1
"
W
1 3
.
0 0
'
N
4 2
°
3 3
'
0 9
"
W
8 .
7 9
'
N
1 7
°
4 6
'
1 1
"
E
3 4
.
3 5
'
N51°22'50"W
85.11'
N
8 0
°
0 7
'
1 0
"
E
1 4
3 .
8 4
'
'
2 9
.
0 5
1 =
R
'
5 6
.
9 0
1 =
L
131.46'
N38°41'09"E
83.96'
30'
30'
N
8 0
°
0 7
'
1 8
"
E
N09°50'52"
Rad.
'
4 3
.
5 0
5 =
L
"
7 1
'
4 5
°
0 0
=
'
0 0
.
0 0
0 2
3 =
R
N
8 1
°
0 1
'
3 6
"
E
'
2 2
.
4 1
4 =
L
"
9 3
'
4 4°
0 =
'
7 4
.
4 9
8 1
3 =
R
132.53'
94.54'
'
0 2
.
8 8
4 =
L
"
6 3
'
2 5
°
0 =
'
6 4
.
5 0
9 1
3 =
R
94.54'
3 0
0 .
7 1
'
N
7 1
°
5 2
'
0 0
"
E
4 0
5 .
1 4
N
7 1
°
5 2
'
0 0
"
E
S9°52'42"E 298.70'
20'
2 6
.
7 3
'
2 8
.
4 7
'
20'
L=13.84' =8°31'38"R=93.00'
1 3
8 .
4 8
'
S
8 7
°
4 2
'
1 3
"
E
L=72.86' =06°23'26"R=653.21'
132.77'
122.54'
N
8 5
°
5 4
'
2 1
"
E
2 5
8 .
3 6
'
L
=
1 4
0 .
9 7
'
=
4 °
5 2
'
4 5
"
R
=
1 6
5 5
.
3 4
'
100.54'
94.54'
7 1
8 .
7 2
'
N
8 1
°
0 1
'
3 6
W
"
L=49.03' =101°36'16"R=27.64'
L=128.12' =31°10'34"R=235.47'
N
8 5
°
5 4
'
2 1
"
E
2 7
9 .
1 0
'
'
0 4
.
7 3
1 =
L
'
2 4
.
3 1
6 1
=
R
"
5 4
'
2 5
°
4 =
1 9
2 .
0 5
'
N
8 1
°
0 1
'
3 6
"
W
N
8 5
°
5 4
'
2 1
"
E
2 7
9 .
1 0
'
TRACT NO. 13211
M.B. 270-14
N38°41'09"E
20'
40'
40'
'
7 4
.
2 6
2 =
R
G
A
R
V
E
Y
A
V
E
.
8 101112131415161718
14.93' 27.00'
M.B. 164-78
PARCEL MAP NO. 1004
TRACT NO. 10953
M.B. 193-44/45
BLK. A
1 2
3 4
TORCH ST.
FRAZIER
ST.
D
A
L
E
W
O
O
D
S
T
.
JUDITH ST.
BESS AVE.
LEORITA ST.
9 TRACT NO. 13211
M.B. 300-24
1 2
3 4
5 6
58 57
56 55
54 53
38 37
36 TRACT NO. 13211
M.B. 270-14
TRACT NO. 14056
M.B. 270-14
'
2 4
.
0 4
6 1
=
R
39 28
L=3.03'
16.97'20.00'
L=10.05'
=38°22'10"
R=15.00'
G
1 2
Rad.
N
8 °
5 8
'
4 2
'
W
R
=
3 1
9 0
5 .
4 6
'
=
0 °
5 2
'
1 6
"
L
=
4 8
5 .
1 8
'
S51°21'33"E
30'
30'
59.47'
N39°38'27"W
60.00'
1 7
4 6
.
2 3
'
FILED FOR RECORD IN
STATE HIGHWAY MAP BOOK NO.
DATE:AT PAGE
RECORDERS INDEX NO.
RECORDS OFCOUNTY
NOTE: States rights are not extinguished or
transfer of title is not effected until
recordation of related CTC resolution.
(In compliance with Sections 128 & 129
of the STREETS & HIGHWAYS Code)
N38°41'09"E
116.26'
4 1
.
9 3
'
S
1 8
°
0 8
'
0 0
"
E
D
E
N8°58'24"W
N38°38'00"E
F
1 0
.
6 1
'
S
3 0
°
3 5
'
5 1
"
E
L=49.16' =22°10'46'R=127.00'
75.00'
C
B
A
57.59'
25.56'
N38°41'09"E
A S83°39'08"W 28.30'
B S51°18'51"E 60.00'
C S38°41'09"W 59.88'
D N08°58'42'W 61.74'
E N08°58'24"W 54.90'
F S81°01'36"W 30.00'
S51°22'51"E
30'
30'
N38°41'09"E
SEGMENT 2
SEGMENT 3
SEGMENT 5
SEGMENT 4
5 S51°21'27"E
27'
14.93'
ACCESS PROHIBITED
PREVIOUS ACCESS PROHIBITED
F1860
DIVIDE GRID DISTANCE BY COMBINATION FACTOR 0.9999723
ALL DISTANCES ARE GRID. TO OBTAIN GROUND DISTANCES
ZONE 5, NORTH AMERICAN DATUM (NAD) OF 1983
BASED UPON THE CALIFORNIA COORDINATE SYSTEM,
BEARINGS AND DISTANCES SHOWN HEREON ARE
O.R.:20110023670
N'LY LINE OF:
O
.
R
.
:
2 0
1 0
0 0
0 7
5 4
8 6
N
'
L
Y
L
I
N
E
O
F
O.R.:20130608675S'LY LINE OF
F
O
O
T
I
N
G
E
A
S
E
.
4 .
0 0
'
R
T
E
.
10 F
W
Y
.
G N08°58'24'W 18.92'
N
8 1
°
0 1
'
3 6
"
E
1 7
8 3
.
2 4
'
S
7 9
°
2 6
'
0 5
"
W
1 9
3 .
2 2
'
1 2
2 .
9 3
'
S
8 1
°
1 2
'
1 9
"
W
1 1
4 .
4 8
'
1 1
6 .
8 6
'
N
7 9
°
3 9
'
2 6
"
E
47.33'
N
7 9
°
2 6
'
0 5
'
E
3 3
4 .
6 3
'
2 3
0 .
8 8
'
7 8
.
4 7
'
N38°41'09"E
3.21'
F
N
7 3
°
0 1
'
3 1
"
W
2 2
2 .
4 2
'
H
2 3
H N08°58'24'W 54.40'
L=8.72'
=33°18'03"
R=15.00'3
L=8.16'
=18°41'55"
R=25.00'1
27 1
3 6
.
8 6
'
O
.
R
.
:
D
6 4
4 2
-
4 3
2 W
'
L
Y
L
I
N
E
O
F
L=8.19' =02°17'25"R=205.00'
O
D
No.
Exp.
PR
Exp.
TAT
ORN
O E
SI
N
L
L
UREYOR
S
A
A
V
A
F S
N
S
STEPHEN M. HUGHEY
4996
12-31-23
F
E
C
L
O
F
A
COUNTYROUTEPOST MILESNO.
TOTAL SHEET STATEFEDERAL PROJECT NO.
07 SHEETS
PROFESSIONAL LAND SURVEYOR
DIST
CALIF
APPROVAL DATE
3 DISTRICT RIGHT OF WAY ENGINEER
3 LA
DR'N BYST
C'LC BYST
C'K'D BY
REVISED
R
/
W
M
A
P
N
O
.
CONTRACT NO.
REL-1267
10 DEPARTMENT OF TRANSPORTATION
PROPOSED RELINQUISHMENT
FEET
0 AREA TO BE RELINQUISHED
CALIFORNIA STATE TRANSPORTATION AGENCY
50100150200
27.753
TRACT NO. 13211
M.B. 270-14
19 18
20 21
TRACT NO. 718
M.B. 17-17
POR
42 POR
43 POR
43 TRACT NO. 11007
M.B. 193-22/23
POR
9 TRACT NO. 718
M.B. 17-17
1 9
2 .
0 5
'
N
8 1
°
0 1
'
3 6
"
W
20'
S
8 1
°
0 1
'
3 6
"
W
5 0
6 .
6 6
'
L
=
1 3
0 .
6 8
'
=
1 °
0 8
'
4 5
"
R
=
6 5
3 4
.
6 7
'
4 8
.
0 4
'
N
7 9
°
5 2
'
5 1
"
E
L
=
6 2
.
9 6
'
=
1 3
1 °
1 3
'
R
=
2 7
.
4 9
'
2 8
.
0 7
'
N
3 8
°
3 9
'
5 1
"
E
L
=
3 1
.
6 9
'
=
4 8
°
4 7
'
R
=
3 7
.
2 2
'
2 7
.
3 1
'
N
3 8
°
3 9
'
5 1
"
E
N
7 9
°
5 2
'
5 1
"
E
4 8
7 .
6 7
'
L
=
4 0
.
0 0
'
=
9 °
6 '
1 "
R
=
2 5
1 .
8 7
'
9.41'
N51°20'50"W
16.21'
S38°41'09"W
O
.
R
.
:
2 0
0 8
1 1
5 6
5 0
6 N
'
L
Y
L
I
N
E
O
F
N
6 3
°
3 9
'
2 1
"
E
3 7
.
5 2
'
112.80'
S46°01'28"E Rad.
A
B
C
L=57.73' =2°01'12"R=1637.46'
N
7 9
°
5 2
'
5 1
"
E
7 3
8 .
6 2
'
L
=
1 3
1 .
5 2
'
=
1 °
0 8
'
4 5
"
R
=
6 5
7 6
.
2 8
'
N
8 1
°
0 1
'
3 6
"
E
7 1
8 .
7 2
'
1 7
9 .
4 0
'
S
8 1
°
0 1
'
3 6
"
W
S
8 5
°
5 4
'
2 1
"
W
2 3
9 .
9 3
'
'
7 8
.
8 7
2 =
R
'
7 6
.
1 6
5 6
=
R
'02
'02
N
8 1
°
0 1
'
3 6
"
E
7 1
8 .
7 2
'
FAIRGROVE ST.
E"90'02°15S
G
A
R
V
E
Y
A
V
E
.
G
A
R
V
E
Y
A
V
E
.
'
4 4
.
1 9
6 E
"
1 5
'
2 5
°
9 7
N
27.00'
14.93'
14.93'
27.00'
124.39'
94.54'
110.51'
95.86'
94.54'
'
8 8
.
3 7
1 =
R
'
9 3
.
8 4
1 =
R
"44
'
1 2
°
7 4
=
5.52'
S38°23'19"W
E
L=30.01'
=07°04'49"
R=243.00'
L=53.08'
=12°30'58"
R=243.00'
S
8 1
°
0 1
'
3 6
"
W
7 3
3 .
0 5
'
135.72'
110.51'
94.54'
1 5
.
5 8
'
N
8 2
°
0 2
'
0 9
"
TRACT NO. 13211
M.B. 270-14
2625242322
39 40
'
6 6
.
2 2
1 =
L
D
A
L
E
W
O
O
D
S
T
.
P.M. 206-28/29
S51°19'31"E
DALEWOOD ST.
30'
30'
N
8 2
°
2 8
'
4 0
"
E
N
8 1
°
0 1
'
3 6
"
E
N
8 1
°
0 1
'
3 6
"
E
1 7
8 3
.
2 4
1 7
4 6
.
2 3
'
A S41°29'02"W 18.67'
B S46°01'28"W 60.00'
C S41°29'02"W 47.73'
D S38°40'29"W 60.00'
D
E R=183.00' =2°24'52" L=7.71'
FILED FOR RECORD IN
STATE HIGHWAY MAP BOOK NO.
DATE:AT PAGE
RECORDERS INDEX NO.
RECORDS OFCOUNTY
NOTE: States rights are not extinguished or
transfer of title is not effected until
recordation of related CTC resolution.
(In compliance with Sections 128 & 129
of the STREETS & HIGHWAYS Code)
SEGMENT 3
SEGMENT 5
F1860
31.4/32.3
ACCESS PROHIBITED
PREVIOUS ACCESS PROHIBITED
DIVIDE GRID DISTANCE BY COMBINATION FACTOR 0.9999723
ALL DISTANCES ARE GRID. TO OBTAIN GROUND DISTANCES
ZONE 5, NORTH AMERICAN DATUM (NAD) OF 1983
BASED UPON THE CALIFORNIA COORDINATE SYSTEM,
BEARINGS AND DISTANCES SHOWN HEREON ARE
TRACT NO. 718M.B. 17-17
O
.
R
.
:
2 0
1 0
1 7
4 0
4 1
7 N
'
L
Y
L
I
N
E
O
F
O
.
R
.
:
2 0
1 1
0 8
8 1
1 5
0 S
'
L
Y
L
I
N
E
O
F
R
T
E
.
10 F
W
Y
.
92.26'
2 2
2 .
4 2
'
N
7 3
°
0 1
'
3 1
"
W
229.52' N38°40'56"E
O
.
R
.
:
3 9
1 8
9 -
3 6
8 S
E
'
L
Y
L
I
N
E
O
F
L
=
9 9
.
1 1
'
=
2 2
°
3 2
'
4 5
"
R
=
2 5
1 .
8 7
'
O
D
No.
Exp.
PR
Exp.
TAT
ORN
O E
SI
N
L
L
UREYOR
S
A
A
V
A
F S
N
S
STEPHEN M. HUGHEY
4996
12-31-23
F
E
C
L
O
F
A
EXHIBIT B
MAP NO. F-1860C-4C
EXHIBIT C
HAZARDOUS WASTE ASSESSMENT
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
HAZARDOUS MATERIALS DISCLOSURE DOCUMENT - DISPOSAL
ENV-0001-D ( NEW 03/2009)
This document provides written disclosure that the referenced property, as shown on the map(s) attached, has been reviewed by the District Hazardous Waste Technical Staff (located in Environmental or Environmental Engineering) and provides direction regarding property disposal based upon that review.
DATE
APPRAISAL MAP NO.
MAP DATE
DIST/CO/RTE/PM (KP)
EA
PROJECT NAME OR DESCRIPTION
6/29/2023 07/LA/10 PM 31.8
F1860 24540
12/31/2023 0700000431
980592-01-01
Garvey Avenue
Dalewood Street
RW PARCEL NUMBER(S):RW PARCEL NUMBER(S):
RW PARCEL NUMBER(S):
See subsequent pages for detailed information regarding property condition and status.
Form Prepared By:
Approved by District Hazardous Waste Supervisor Date
These Parcels Can NOT Currently Be Sold or Exchanged:
These Parcels Can Be Sold or Exchanged With Full Information Disclosure:
These Parcels Can Be Sold or Exchanged:
ACTION SUMMARY
6/30/2023
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
HAZARDOUS MATERIALS DISCLOSURE DOCUMENT - DISPOSAL
ENV-0001-D ( NEW 03/2009)
HAZARDOUS MATERIALS DISCLOSURE DOCUMENT- DISPOSAL
DETAIL
Parcel #s
( ) 1. Based upon an Initial Site Assessment, the referenced parcel(s) are considered free of significant hazardous materials (describe potential sources of minor contamination in the Comments section).
Subject parcel(s) can be sold or exchanged.
2. The referenced parcel(s) do not require cleanup cost estimates, but have been identified as having:
( ) (a) minor soil contamination. A hazardous waste Site investigation [ ] been performed on the referenced parcel(s) (if not performed explain the source of knowledge in the Comments section). Subject parcel(s) can be sold or exchanged.; has not
has /
( ) (b) contaminated groundwater under the property. A hazardous waste Site investigation [ ] been performed on the referenced parcel(s) (if not performed explain the source of knowledge in the Comments section). The source of contamination has been determined not to be attributed to the Caltrans property or operations (an indemnification letter from the local, state or federal regulatory authority [ ] attached). Subject parcel(s) can be sold or exchanged.;
has not
has /
is not is /
( ) (c) contaminated groundwater under the property. A hazardous waste Site investigation [ ] been performed on the referenced parcel(s) (if not performed explain the source of knowledge in the Comments section). However, the source of contamination has been removed or remediated to regulatory cleanup levels (attach closure letter). Subject parcel(s) can be sold or exchanged with full information disclosure.;
has not
has /
( ) (d) lead soil contamination, probably as a result of aerial deposition of vehicular gasoline emissions. A project specific hazardous waste Site Investigation [ ] been performed on the referenced parcel(s) (if not performed explain the source of knowledge in the Comments section).
Subject parcel(s) can be sold or exchanged with full information disclosure.; has not
has /
( ) (e) hazardous materials previously present on the referenced parcel(s) that have been sufficiently remediated. A hazardous waste Site Investigation [ ] been performed on the referenced parcel(s) (if not performed explain the source of knowledge in the Comments section). A regulatory closure letter, if appropriate, is attached. The subject parcel(s) can be sold or exchanged with appropriate and full information disclosure and/or deed restrictions. has not
has /
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
HAZARDOUS MATERIALS DISCLOSURE DOCUMENT - DISPOSAL
ENV-0001-D ( NEW 03/2009)
( ) 3. This document includes, as an attachment, a hazardous waste Site Investigation report stating the nature and extent of contamination and cleanup cost estimates for the referenced parcel(s). However, cleanup is not required pursuant to state or federal law. The subject parcel(s) can be sold or exchanged with appropriate and full information disclosure and/or deed restrictions.. ( ) 4. This document includes the hazardous waste Site Investigation work schedule or cleanup plans, schedule, and current status for the referenced parcel(s), as an attachment. The work will be completed by [ ]. The subject parcel(s) can not be sold or exchanged until remediation is complete The District must request a Category 2D Environmental Hold on the subject parcel(s). (Note: Attach this Hazardous Materials Disclosure Document - Disposal to the Application to Hold Excess Land request form - RW 16-3). a responsible party
Caltrans /
( ) 5. The referenced parcel(s) have been identified as containing or potentially containing, hazardous materials and can not be sold or exchanged. The District must request a Category 2D Environmental Hold on the subject parcel(s). (Note: Attach this Hazardous Materials Disclosure Document - Disposal to the Application to Hold Excess Land request form - RW 16-3). The Hazardous Materials Disclosure Document - Disposal will be updated when the parcel can be sold or exchanged. In addition:
( ) (a) an appropriate hazardous waste Site Investigation must be performed to determine the nature and extent of contamination, and remedial cost estimates. Proper charging codes and expenditure authorization (EA) need to be provided to the District Hazardous Waste Technical Specialist. Site Investigation is anticipated to be completed by (date).; Please see attached Excess Parcel Hazardous Waste Assessment (5/31/2023) for 980592-01-01, Garvey Avenue, and Dalewood Street.
Comments
( ) (b) a hazardous waste Site Investigation, for potentially contaminated adjacent property, will be scheduled by the District Hazardous Waste Technical Specialist when a permit to enter is obtained by the District/Region Right of Way Office. The permit request was submitted on (date) and the Site Investigation is anticipated to be completed by (date).; ( ) (c) hazardous waste Site Investigation studies are complete and either a regulatory case closure is being obtained or the site requires cleanup or long-term monitoring. Resolution is expected by (date).;
980592-01-01( ) Other: Explain in the Comments section below. (NOTE: Disposal of property without adequate investigation is an unacceptable risk. If adequate investigation has not been completed, use #4 or #5 above).
6. ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. 1 8
6 RESOLUTION NO. 2022-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, APPROVING THE RELINQUISHMENT OF EXCESS PROPERTY KNOWN AS ROADSIDE PARK ADJACENT TO INTERSTATE 10 (I-10) FREEWAY
WITHIN THE TERRITORIAL BOUNDARIES OF THE CITY OF BALDWIN PARK WHEREAS, the State of California, acting through its Department of Transportation (Caltrans) and the City have negotiated a transfer of the ownership of that portion of former Excess property adjacent to Interstate 10 (I-10) Freeway, as depicted on Relinquishment Map REL-1267("RELINQUISHED FACILITY"), that had been supersede by the relocation of new I-10 alignment, located within the territorial boundaries of the City of Baldwin Park, pursuant to the authority contained in California Streets and Highways Code, Section 73; and WHEREAS, the City will waive the State's obligation to provide ninety (90) days prior notice of State's "Intention to Relinquish" as set forth in section 73 of the Streets and Highways Code; and
WHEREAS, After the effective date of relinquishment by the State, the City will assume ownership of the RELINQUISHED FACILITY, at no cost to the State, in its as-is condition, including all of State's current obligations, rights, title and interest in RELINQUISHED FACILITY, including but not limited to maintenance, control, liability and obligation; and
WHEREAS, The City agrees that RELINQUISHED FACILITIES are currently in a state of good repair; and
WHEREAS, City is to accept the RELINQUISHED FACILITY in its current environmental condition and setting, including, but not limited to, the presence of hazardous materials as described in the 07-LA-10-PM 31.8 Excess Land Hazardous Waste Assessment Parcel DD 980592- 01-01 dated August 21, 2020.
NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1.All of the above recitals are all true and correct.
SECTION 2. The City Council hereby approves the resolution to accept the ownership of the RELINQUISHED FACILITY to the City, subject to California Transportation Commission’s approval of the Relinquishment Resolution.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution
STAFF REPORT
ITEM NO. ____13____
TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
PREPARED BY: Romany Basilyous,
DATE: February 7, 2024
SUBJECT: Approval of a Use and Maintenance
Agreement (UMA) with the County of Los Angeles for
Storm Drain Connection related to the Barnes Park
Multi-Benefit Stormwater Capture Project, CIP 21-198
SUMMARY
This report seeks City Council approval for a Use and Maintenance Agreement (UMA) with the County of Los Angeles Flood Control District for use and maintenance of a connection to an existing Storm Drain as part of Barnes Park Multi-Benefit Stormwater Capture Project, CIP 21-198.
RECOMMENDATION
Staff recommends that the City Council approve the Use and Maintenance Agreement with the County of Los Angeles Flood Control District for the use and maintenance of the County right-of-way for a storm drain connection related to the Barnes Park Multi-Benefit Infiltration Project and authorize the Mayor to execute the agreement.
FISCAL IMPACT
There is no impact to the general fund. Sufficient Safe Clean Water Grant funds are available to cover the cost for the Los Angeles storm drain connection permit and to implement the agreement. Maintenance and operations costs will be absorbed by the various maintenance cost centers in future Public Works budgets throughout the term of the UMA.
BACKGROUND
On November 6, 2018, Measure W, also known as the Safe Clean Water Program (Program) was approved by Los Angeles County voters. Funding through Measure W is provided through a parcel tax of 2.5 cents per square foot of impermeable land area (buildings, concrete, etc.). Measure W Special Parcel Tax revenues col lected by LACFCD will allocate ten percent (10%) to the District for implementation and administration of projects, forty percent (40%) to cities within the County, in the same proportion as the amount of revenues collected within each city, and fifty perc ent (50%) to regional programs and projects within various watershed groups.
In 2019, the City of Baldwin Park applied for a regional grant during the first round of the Call for Projects to fund a stormwater infrastructure project at Barnes Park. The Project was selected and was approved to receive funding in the amount of $14,735,690 programmed over four years through FY2023 -2024.
Subsequently, On February 17, 2021, City Council approved the Transfer Agreement with Los Angeles County Flood Control District, essentially locking-in the programmed funds to be disbursed in advance over the 4 years.
In August 2019, the City applied for supplemental funds for park improvements via the State’s Prop 68 call for projects for a Statewide Park and Community Revitalization Grant. As part of that program the City was awarded $3,090,000. Combined with the Safe Clean Water grant, the City was able to secure over $17.5 million making the project financially viable.
Having secured the necessary funding, staff prepared and circulated a Request for Proposals for design services. The proposals were reviewed and evaluated by staff and ultimately selected CWE as the design consultant based on the qualifications and underst anding of the scope of work, technical expertise, and relevant experience. On May 19, 2021, the City Council accepted a proposal and approved a Professional Services Agreement (PSA) with CWE for civil design and stormwater services for the Project in the amount of $709,853.
On September 1, 2021, the City Council approved a PSA with David Volz Design (DVD) for in the amount of $351,780 design services for surface enhancements, landscaping and two (2) new dog parks. DVD is an approved firm as part of the City’s established on -call list for landscape architectural design services and was selected for their expertise with similar projects and was deemed the best fit for this Project.
On September 20, 2023, the City Council approved project plans and specificat ions and authorized publishing a Notice Inviting Bids for the City Project.
DISCUSSION
Barnes Park Multi-Benefit Stormwater Capture Project improvements include the installation of a subsurface stormwater infiltration system, a diversion structure, water quality inlets, diversion piping with control valves and a flow meter, stormwater pretre atment system, expansion and rehabilitation of the onsite parking lot, new diagonal street parking along Patritti Avenue, updated play fields, walkway improvements, storm drain improvements in the neighborhood, construction of ADA accessible entrances to the park, irrigation system replacement, planting of drought -tolerant landscaping, installation of new play equipment, polygon shade structures, installation of picnic tables and BBQ grills, park expansion to the north (futsal court), restroom addition in the community center, improved basketball courts, and swales with pedestrian walkways.
As part of the construction phase, a connection to an existing 81” reinforced concrete pipe ( RCP) will be required. The RCP is located on the northside of Barnes Park, and it is currently owned and maintained by Los Angeles County Flood Control District (LACFCD). The City of Baldwin Park has applied for the storm drain connection permit, however, LACFCD requires that a Use & Maintenance Agreement (UMA) between the District and the City must be executed, and a draft Operation and Maintenance Manual must be approved, prior to the issuance of the permit.
ALTERNATIVES
1. The City Council may choose to reject the Use and Maintenance Agreement. This Action is not recommended as rejecting the agreement will delay the completion of the project and the City may risk losing grant funds.
2. Provide staff with alternate direction.
CEQA REVIEW
A Mitigated Negative Declaration of Environmental Impact (MND) has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.), and the State CEQA Guidelines (Title 14, California Cod e of Regulations (CCR) §15000 et seq). The approved and adopted (MND) was recorded with the County Clerk, Los Angeles County Recorder's Office thru a Notice of Determination in accordance to the CEQA process.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Use and Maintenance Agreement
2. Exhibit A
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AGREEMENT No. ___________
BI 9705
SUPERVISORY DISTRICT 1
USE AND MAINTENANCE AGREEMENT
This USE AND MAINTENANCE AGREEMENT (hereinafter referred to as AGREEMENT), is made and entered by and between the Los Angeles County Flood Control District, a body corporate and politic (hereinafter referred to as DISTRICT), and the City of Baldwin Park, a municipal corporation, (hereinafter referred to as OWNER). DISTRICT and OWNER are collectively referred to as PARTIES.
RECITALS
WHEREAS, OWNER proposes to construct the Barnes Park Multi-Benefit Stormwater Capture Project (hereinafter referred to as PROJECT); to treat and recharge incoming stormwater and urban runoff to enhance water quality and local water supplies and provide public recreational amenities;
WHEREAS, DISTRICT owns and operates a storm drain known as Bond Issue (BI) 9705 and associated right of way, hereinafter collectively referred to as DISTRICT FACILITIES, which is located near Barnes Park where Bess Avenue ends at Patritti Avenue.
WHEREAS, the following portions of the PROJECT (hereinafter referred to as IMPROVEMENTS), depicted in Exhibit A, are proposed to be located within DISTRICT FACILITIES:
Diversion Structure, Station 4+90
WHEREAS, the DISTRICT will issue permit number FCDP2022000374, (hereinafter referred to as PERMIT), upon execution of this AGREEMENT to the OWNER for construction of the IMPROVEMENTS;
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual agreements contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the PARTIES agree as follows:
SECTION 1: Authorized Use
1.1. The OWNER is authorized and permitted to use the DISTRICT FACILITIES for the construction, operation, maintenance, and repair of the IMPROVEMENTS in accordance with the terms and conditions of this
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AGREEMENT and PERMIT. Any other use of the DISTRICT FACILITIES or any portion thereof by the OWNER is expressly prohibited.
1.2. The OWNER's use of the DISTRICT FACILITIES in connection with the PROJECT shall be nonexclusive and shall be subordinate to the uses of the DISTRICT FACILITIES by the DISTRICT, and the OWNER's use of the DISTRICT FACILITIES shall at no time interfere with the DISTRICTʹs use of the DISTRICT FACILITIES or the DISTRICTʹs use of its adjacent property.
1.3. This AGREEMENT is valid only to the extent of the DISTRICTʹs jurisdiction.
The OWNER shall be responsible for obtaining authorization from other affected persons or agencies with property rights over the PROJECT area, and the consent of the underlying fee owner(s), as necessary.
SECTION 2: Construction and Implementation of PROJECT
2.1. The OWNER understands and acknowledges that it is required to comply with the California Environmental Quality Act (hereinafter referred to as CEQA) prior to implementing the PROJECT and that the OWNER shall be the lead agency with respect to any and all CEQA compliance related to the PROJECT. In addition to its other indemnification obligations as specified below, the OWNER hereby agrees to indemnify, defend, and hold harmless the DISTRICT and their elected and appointed officers, employees, and agents from and against any and all claims and/or actions related to the PROJECT that may be asserted by a third party or public agency alleging violations of CEQA or the CEQA Guidelines.
2.2 The OWNER is responsible for obtaining and complying with any permits or approvals required by agencies (federal, state and local) with regulatory jurisdiction over the construction and maintenance of the PROJECT and for all costs associated with obtaining and complying with the requirements and conditions of such permits or approvals including, by way of example, permit fees and compensatory mitigation expenses. The DISTRICT shall not be responsible for any costs associated with the construction of the PROJECT.
In addition to its other indemnification obligations in Section 7 below, the OWNER hereby agrees to indemnify, defend, and hold harmless the DISTRICT and their elected and appointed officers, employees, and agents from and against all claims and/or actions related to the PROJECT that may be asserted by a public agency or third-party alleging violations of federal, state, or local laws, rules or regulations.
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2.3. Upon completion of the construction of the PROJECT, the OWNER shall provide to the DISTRICT a complete set of the as-built plans for the PROJECT in an electronic format as specified by the DISTRICT. In addition, the OWNER shall provide geographic information system (hereinafter referred to as GIS) shapefiles for all maps depicting the PROJECT.
SECTION 3: Operation and Maintenance of IMPROVEMENTS
3.1. The OWNER shall prepare an operation and maintenance manual (hereinafter referred to as O&M MANUAL) describing the operation, maintenance, and inspection practices, all permits required by federal, state or local regulatory agencies, and procedures and standards for the PROJECT components located on property of the DISTRICT, including maintenance schedules, identification of any specialty maintenance service providers, equipment usage, and a maintenance log sheet.
3.1.1. The OWNER shall not commence any work authorized by this permit until it has submitted a draft of the O&M MANUAL to the DISTRICT and the DISTRICT has approved the draft.
3.1.2. The DISTRICT shall provide the OWNER with comments on the draft O&M MANUAL within a reasonable timeframe of submittal.
3.1.3. The OWNER shall incorporate any and all reasonable comments submitted by the DISTRICT and shall deliver a final version of the O&M MANUAL to the DISTRICT prior to completion of work
authorized by this permit. If the PARTIES cannot agree as to whether the DISTRICTʹs comments shall be incorporated, the PARTIES shall meet and confer in good faith to resolve such disagreement.
3.1.4. The work authorized by this permit shall not be deemed complete until the OWNER has delivered the final version of the O&M MANUAL to the DISTRICT as described above.
3.2. Discharges from the PROJECT shall comply with the following:
3.2.1 The OWNER shall not discharge any non-stormwater from the PROJECT to the DISTRICT FACILITIES or to any other storm drain owned or operated by the DISTRICT unless authorized by a permit to do so from the State Water Resources Control Board, the Los Angeles Regional Water Quality Control Board (Regional Board), or express written permission from the Executive Officer of the Regional
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Board. The OWNER shall provide a copy of any such permit or express written permission to the DISTRICT prior to discharging any non-stormwater from the PROJECT to the DISTRICT FACILITIES or to any other storm drains owned or operated by the DISTRICT.
3.2.2 The DISTRICT shall establish notification and monitoring requirements for discharges from the PROJECT to the DISTRICT FACILITIES or to any other storm drains owned or operated by the DISTRICT and shall notify OWNER of these requirements in writing not later than the date DISTRICT provides the OWNER with comments on the draft O&M MANUAL and the OWNER shall comply with the requirements described in the written notice from the DISTRICT.
3.2.3. The DISTRICT may periodically update or revise the notification and monitoring requirements described in subsection 3.2.2 as the DISTRICT deems necessary to address changes in its MS4 Permit or other regulatory requirements or its operational requirements.
The DISTRICT shall provide written notice to the OWNER of any updated or revised requirements and the OWNER shall comply with the updated or revised requirements immediately upon receipt of the written notice from the DISTRICT.
3.3. The OWNER shall, upon completion of construction, be responsible for the operation, maintenance, and repair of the IMPROVEMENTS in accordance with the terms and conditions of this AGREEMENT and the provisions of the O&M MANUAL.
3.4. The DISTRICT shall not be responsible for any costs associated with the operation and maintenance of the IMPROVEMENTS, including but not limited to, any costs related to repairs and/or replacement of components and obtaining, complying with and renewing as necessary all permits and approvals required by federal, state or local regulatory agencies.
3.5. The OWNER shall operate and maintain the IMPROVEMENTS in a safe, clean, and orderly condition, and in compliance with the O&M MANUAL and all applicable federal and state laws, rules and regulations, local ordinances (including the
Los Angeles County Flood Control District Code) and applicable regulatory permits.
3.6. The OWNER shall be responsible to inspect the IMPROVEMENTS and clear any obstructions, sediment, or debris that may interfere with the proper functioning of the DISTRICT FACILITIES, including upstream and
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downstream of all connections to the DISTRICT FACILITIES. The limits of the OWNER's responsibility under this subsection shall be up to 100 feet for open channels and up to 50 feet for covered storm drains, from ends of connections in both directions as directed by the DISTRICT, at the DISTRICT’s sole discretion. The OWNER shall take appropriate measures to make sure sediment does not enter the DISTRICT FACILITIES from the PROJECT.
3.6.1 The OWNER shall be responsible to address any People Experiencing Homelessness Encampments located within the portion of DISTRICT FACILITIES occupied by the IMPROVEMENTS that may interfere with the proper functioning of the DISTRICT FACILITIES, including up to 100 feet upstream and downstream of the IMPROVEMENTS for open channels and up to 50 feet upstream and downstream of the IMPROVEMENTS for covered storm drains, in a manner consistent with the policies of the DISTRICT, at OWNER’s cost.
3.7. The OWNER shall provide the DISTRICT with 24-hour contact information for person(s) responsible for the operation and maintenance activities related to the IMPROVEMENTS. The DISTRICT shall provide the OWNER with 24-hour contact information for person(s) responsible for maintaining the DISTRICT FACILITIES.
3.8. The OWNER shall coordinate and communicate with the DISTRICT in regard to operation, maintenance, and repair activities related to the IMPROVEMENTS.
3.8.1. The OWNER shall notify the DISTRICT a minimum of thirty (30) days in advance of any major (non-routine) proposed
maintenance activities related to the IMPROVEMENTS;
provided, however, that in the event the OWNER becomes aware of the need to perform any such maintenance activities less than thirty (30) days from the date it proposes to perform said activities, it shall notify the DISTRICT immediately upon determining to perform the activities.
3.8.2. The OWNER shall notify the DISTRICT a minimum of forty-eight (48) hours in advance of accessing the DISTRICT FACILITIES to perform any routine maintenance activities related to the IMPROVEMENTS including trash removal, routine cleaning, and minor repairs.
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3.8.3. The OWNER shall provide the DISTRICT with an annual summary report of its operations and maintenance of the IMPROVEMENTS and status of all related regulatory permits.
The contents of the summary report shall include at a minimum the following information:
a. Name of PROJECT;
b. Location description;
c. Project contact information;
d. Description of the PROJECT and its function and direct impact to the DISTRICT FACILITIES and/or other
DISTRICT right of way;
e. Summary of operations within the reporting year, from July 1st to June 30th of the following year, type of activities (i.e. routine, non-routine, and emergency), date and time of activities, and description of work performed;
f. Summary of major repairs completed, including but not limited to, type of repairs, location of repairs, pre- and post-repair photographs, date and time of repairs;
g. Summary of public inquiries and complaints related to the PROJECT and the OWNER'S response;
h. Summary of volume captured or discharged from
PROJECT;
i. Status of any regulatory permits affecting the operation or maintenance of the IMPROVEMENTS;
j. Status of any specialty contractor agreements required for ongoing maintenance and repairs of the
IMPROVEMENTS;
3.8.4. The annual summary report shall be mailed to the following address by July 30th each year:
Attention: Senior Civil Engineer
Los Angeles County Flood Control District
Los Angeles County Public Works
Stormwater Maintenance Division, Annex Building 2nd Floor Staff Support Section
900 South Fremont Avenue
Alhambra, CA 91803-1331
3.9. The DISTRICT shall coordinate and communicate with the OWNER regarding any maintenance activities by the DISTRICT related to the DISTRICT FACILITIES that may impact the IMPROVEMENTS.
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3.10. If the OWNER fails to perform any maintenance activities as provided for in this AGREEMENT in a timely manner, the DISTRICT reserves the right to remedy any such maintenance deficiency that the DISTRICT determines impairs the functioning of the DISTRICT FACILITIES or the DISTRICTʹs flood protection activities. However, prior to taking any action to remedy any such maintenance deficiency, the DISTRICT shall provide written notice to the OWNER of the deficiency. If the OWNER fails to correct the deficiency within thirty-five (35) days from the date of the notice or such longer period as the DISTRICT, in its sole discretion may agree to, the DISTRICT shall thereafter be entitled to correct the deficiency.
Notwithstanding the foregoing, if the DISTRICT determines that immediate remedial action is required to prevent or mitigate a dangerous condition, the DISTRICT shall be entitled to implement the remedial action(s) after giving the OWNER as much notice as the DISTRICT determines is feasible under the circumstances. If the DISTRICT takes any remedial action pursuant to this Section, it shall prepare and send to the OWNER an invoice for all work undertaken by the DISTRICT to remedy any maintenance deficiency, and the OWNER shall, within thirty (30) days from the receipt of the invoice, reimburse the DISTRICT for all costs and expenses reasonably incurred by the DISTRICT to remedy said deficiency.
3.11. The OWNER shall be responsible for all community relations related to the PROJECT, including responding to public inquiries, complaints, etc. The DISTRICT shall forward to the OWNER any community relations, public inquiries, complaints, etc., related to the PROJECT.
SECTION 4: Term
4.1. The term of this AGREEMENT shall be for fifty (50) years (Initial Term), subject to the DISTRICT's right to terminate the OWNER'S use as provided for in Section 5 in this AGREEMENT.
4.2. This AGREEMENT shall expire at the end of the Initial Term provided; however, the Chief Engineer of the DISTRICT or his designee may extend the term of this AGREEMENT, beyond the Initial Term, up to ten (10) years, subject to such terms and conditions as they deem appropriate, upon receipt of a written request from the OWNER, no earlier than twelve (12) months or later than six (6) months prior to the end of the Initial Term.
SECTION 5: Termination of AGREEMENT
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5.1. The DISTRICT shall have the right to terminate this AGREEMENT by giving the OWNER at least one hundred twenty (120) days prior written notice, under the following conditions:
5.1.1. The DISTRICT proposes a project for flood control, water conservation and/or any other use or purpose authorized by the Los Angeles County Flood Control Act; and
5.1.2. The DISTRICT determines, in good faith, that the IMPROVEMENTS or any portion thereof, would be substantially incompatible with the DISTRICTʹs proposed project; and
5.1.3. The DISTRICT has notified the OWNER of the basis for the DISTRICTʹS determination that a substantial incompatibility will exist and has provided the OWNER with a reasonable opportunity to propose modifications to the IMPROVEMENTS that will eliminate the incompatibility; and
5.1.4. After consideration of any such modifications proposed by the OWNER, the DISTRICT, in its sole but reasonable discretion, determines not to incorporate any such modifications or determines that, notwithstanding any such modifications, a substantially incompatibility would still exist.
5.2. The DISTRICT shall have the right to terminate this AGREEMENT in the event the OWNER breaches any term or condition of this AGREEMENT and fails to cure such breach or breaches within a reasonable amount of time up to a maximum of one hundred twenty (120) days from the date the DISTRICT provides written notice of said breach or breaches to the OWNER. Upon receipt of a written notice of breach, the OWNER shall, within thirty (30) days of the date of the written notice, send the DISTRICT a written response describing the corrective measures that the OWNER proposes to implement. The PARTIES shall thereafter promptly meet and confer, in good faith, to reach agreement on the corrective measures. The OWNER shall not implement any corrective measure until it has been approved and agreed upon by the DISTRICT.
5.3. The DISTRICT shall have the right to terminate this AGREEMENT if construction of the PROJECT has not been completed within five (5) years from the date this AGREEMENT is fully executed.
5.4. The DISTRICT shall have the right to suspend or terminate this AGREEMENT in the DISTRICTʹs sole discretion, in the event the DISTRICT determines, in good faith, that it is necessary for the DISTRICT to enter and
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take exclusive possession of the DISTRICT FACILITIES or any portion thereof, in order to respond to an emergency as defined in Public Contract Code Section 1102.
5.5. The OWNER shall have the right to terminate this AGREEMENT for any reason, by giving the DISTRICT at least sixty (60) days prior written notice, subject to the OWNER's obligation to remove the IMPROVEMENTS described in Section 6, below.
SECTION 6: Removal of IMPROVEMENTS and Restoration of the DISTRICT
FACILITIES
6.1. Upon termination of this AGREEMENT, the DISTRICT may, in its sole discretion, provide a written notice to the OWNER to remove all or any portion of the IMPROVEMENTS, and to restore the DISTRICT FACILITIES to a condition similar to or better than that which existed on the effective date of this AGREEMENT (including sealing off all connections between PROJECT and DISTRICT FACILITIES). If the DISTRICT provides such notice, the OWNER shall comply with said notice within a reasonable time, but in no event exceeding one hundred eighty (180) days from the date of the notice or such longer period as the DISTRICT may in its sole discretion agree to.
6.2. Prior to commencing the removal of any IMPROVEMENTS within the DISTRICT FACILITIES, the OWNER shall apply for and obtain a permit for the removal activities from the County of Los Angeles Public Works, Land Development Division, Permits and Subdivisions Section, and shall also apply for and obtain any and all other necessary local, state, and federal permits applicable to the removal of the IMPROVEMENTS.
6.3. If the OWNER fails to comply with the DISTRICTʹs notice referred to in subsection 6.1, the DISTRICT may, in its sole discretion, remove any or all IMPROVEMENTS referenced in the DISTRICTʹs notice to the OWNER.
6.4. If the DISTRICT removes any IMPROVEMENTS pursuant to subsection
6.3, the DISTRICT shall submit a billing invoice to the OWNER indicating the costs and expenses reasonably incurred by the DISTRICT in connection with the removal of the IMPROVEMENTS and the OWNER shall reimburse the DISTRICT all such costs and expenses within thirty (30) days of the OWNERʹs receipt of a billing invoice from the DISTRICT.
SECTION 7: Miscellaneous Provisions
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7.1. Damage to DISTRICT FACILITIES or PROJECT
7.1.1. If any components of the PROJECT are damaged by any negligent act or omission of the DISTRICT, the DISTRICT shall repair and replace those components within a reasonable time frame after discovery or notice thereof. The DISTRICT shall be responsible for all costs related to these repairs and/or replacements.
7.1.2. If any components of the DISTRICT FACILITIES are damaged by any negligent act or omission of the OWNER (including its consultants and contractors), the OWNER shall repair and replace those components within a reasonable time frame after discovery or notice thereof. The OWNER shall be responsible for all costs related to these repairs and/or replacements.
7.2. The DISTRICT shall not be responsible for the expense of any relocation, alteration, or modification of the PROJECT, or any portion thereof except as provided for in this AGREEMENT.
7.3. Indemnification, Release, and Insurance.
7.3.1. The OWNER shall indemnify, defend, and hold harmless the DISTRICT, the County of Los Angeles, and their respective officers and employees from and against any claims, demands, liability, damages, costs and expenses, including without limitation, reasonable attorney fees and costs of litigation, arising out of or in any way connected to the construction, operation, maintenance, repair, modification, or removal of the PROJECT, or any portion thereof, except to the extent caused by the negligence or willful misconduct of the DISTRICT, the County of Los Angeles, or their respective officers, employees or contractors.
7.3.2. The DISTRICT shall indemnify, defend, and hold harmless the OWNER and its respective officers and employees from and against any claims, demands, liability, damages, costs and expenses, including without limitation, reasonable attorney fees and costs of litigation, arising out of or in any way connected to operation and maintenance of the DISTRICT FACILITIES exclusive of the IMPROVEMENTS, or any portion thereof, except to the extent caused by the negligence or willful misconduct of the OWNER or its respective officers, employees or contractors.
7.3.3. The OWNER releases the DISTRICT and waives all rights to damages for any loss, costs, or expenses the OWNER may sustain as a result of any damage to, or destruction of, the PROJECT, or any
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portion thereof, attributable to flood or stormwaters, or any other runoff tributary to the DISTRICT FACILITIES, except to the extent such damages are caused by the negligence or willful misconduct of the DISTRICT or its officers, employees or contractors.
7.3.4. Without limiting the OWNER's indemnification of the DISTRICT, the OWNER shall procure and/or maintain, in full force and effect during the term of this AGREEMENT, insurance policies or a program of self-insurance providing for the following coverage related to the IMPROVEMENTS:
7.3.4.1. Commercial general liability and property damage coverage with a combined single limit liability in the amount of not less than two million dollars ($2,000,000) per occurrence.
7.3.4.2. Worker's Compensation coverage in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both the DISTRICT and the OWNER against any loss, claim, or
damage arising from any injuries or occupational diseases occurring to any worker employed by, or any person
retained by, the OWNER in the course of carrying out the work or services contemplated in this AGREEMENT.
7.3.4.3. Automobile Liability Insurance: the OWNER shall procure such policy with coverage of not less than one million dollars ($1,000,000) per accident.
7.3.4.4. The County of Los Angeles and Los Angeles County Flood Control District, its governing board, officers, agents, contractors, and employees shall be named as
Additional Insureds on all policies of liability insurance. The OWNER shall furnish to the DISTRICT a Policy of Insurance evidencing the OWNER's insurance coverage no later than ten (10) working days after execution of the AGREEMENT.
Upon renewal of said policy, the OWNER shall furnish to the DISTRICT a Certificate evidencing the OWNER's continued insurance coverage as required herein.
7.3.4.5. Should the OWNER elect to comply with this section through a program of self-insurance, OWNER shall provide a
Certificate of Self-Insurance to DISTRICT indicating limits of such self-insurance coverage that meet or exceed those
stated herein.
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7.4. Relationship of Parties. The Parties are and shall remain at all times as to each other wholly independent entities. No Party to this AGREEMENT shall have power to incur any debt, obligation, or liability on behalf of another Party unless expressly provided to the contrary by this AGREEMENT. No employee, agent, or officer of a Party shall be deemed for any purpose whatsoever to be an agent, employee or officer of another Party.
7.5. Binding Effect. This AGREEMENT shall be binding upon, and shall be to the benefit of the respective successors, heirs, and assigns of each Party; provided, however, no Party may assign its respective rights or obligations under this AGREEMENT without prior written consent of the other Party.
7.6. Amendment. The terms and provisions of this AGREEMENT may not be amended, modified or waived, except by an instrument in writing signed by all the Parties.
7.7. Waiver. Waiver by any Party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party to any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AGREEMENT.
7.8. Governing Law. This AGREEMENT is made under and will be governed by the laws of the State of California. In the event of litigation between the Parties, venue in the state trial court shall lie exclusively in the County of Los Angeles.
7.9. No Presumption in Drafting. All Parties have been represented by legal counsel in the preparation and negotiation of this AGREEMENT.
Accordingly, this AGREEMENT shall be construed according to its fair language.
7.10. Severability. The provisions of this AGREEMENT are severable, and the invalidity, illegality or unenforceability of any provision of this AGREEMENT will not affect the validity or enforceability of any other provisions. If any provision of this AGREEMENT is found to be invalid, illegal, or unenforceable, the Parties shall endeavor to modify that clause in a manner which gives effect to the intent of the Parties in entering into this AGREEMENT.
7.11. Counterparts. This AGREEMENT may be executed in counterparts, which together shall constitute the same and entire Agreement.
5 6
3 9
7.12. Administration. Each of the persons signing below on behalf of a Party represents and warrants that they are authorized to sign this AGREEMENT on behalf of such Party.
7.13. Notices
Any correspondence, communication, or contact concerning this AGREEMENT, and all notices that are to be given or that may be given by PARTIES shall be directed to the following:
Los Angeles County Flood Control District
Los Angeles County Public Works
Stormwater Planning Division, 11th Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
Attention: Assistant Deputy Director
Phone No.: (626) 458-4300
Fax: (626) 458-1526
Los Angeles County Flood Control District
Los Angeles County Public Works
Stormwater Maintenance Division, Annex Building Second Floor 900 South Fremont Avenue
Alhambra, CA 91803-1331
Attention: Assistant Deputy Director
Phone No.: (626) 458-4145
Fax No.: (626) 458-4165
City of Baldwin Park
Department of Public Works
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Attention: David Lopez
Title: Associate Engineer
Phone No.: (626) 960-4011 Ext. 458
FAX No.: (626) 962-2625
The PARTIES shall promptly notify each other of any change of the contact information specified in this Section, including personnel changes.
5 6
3 9
IN WITNESS WHEREOF, DISTRICT and OWNER have caused this AGREEMENT to be executed by their respective duly authorized officers, by DISTRICT on _________________, 2024; by OWNER on _____________, 2024.
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT,
A body corporate and politic
By_____________________________
Chief Engineer
CITY OF BALDWIN PARK
By______________________________
Emmanuel J. Estrada, Mayor
APPROVED AS TO FORM:
By_______________________________
Marco A. Martinez, City Attorney
Best, Best & Krieger LLP
PATRITTI AVENUESTA 4+90DIVERSION STRUCTURERIM = 303.99±(MATCH EXIST STREET GRADE)294.48 INV (81" RCP)290.95 INV (DIVERSION STRUCTURE) EXIST 81"Ø RCPBALDWIN PARK - PROJECT NO. 9705DWG. NO. 044625(MAINTAINED BY LACFCD)
50.0'
BESS AVENUE
50.0'
STA 4+36.2
STA 5+43.8
50.0'50.0'
INV 297.5(297.39) BOTTOM OF CATCH BASINRIM = (303.85)
CITY OF BALDWIN PARKDEPARTMENT OF PUBLIC WORKS
IMPORTANT NOTICE
BARNES PARK MULTI-BENEFITSTORMWATER CAPTURE PROJECT1131E-1
EXHIBIT A
EXHIBIT A
CONSTRUCTION NOTES:PROTECT IN PLACEDIVERSION STRUCTURE6" HDPE LEGEND:CITY LIMITS OF MAINTENANCEBEYOND THE DIVERSION STRUCTUREEXISTING STORM DRAINR/W PLAN
SCALE: 1''= 10'010'10'5'
R/W
R/W
R/W
LACFCD EASEMENT
R/W
1 STA 4+90
STA 5+25
STAFF REPORT
ITEM NO. ____14____
TO: Honorable Mayor and Members of the City Council
FROM: Robert Lopez, Chief of Police
DATE: February 7, 2024
SUBJECT: Authorization of funding for Vendor Billings -Motorola Solutions
SUMMARY
This report seeks authorization from the City Council to have additional funding in the amount of $109,371.34 added to the Police Department budget for payment of pending vendor billings that were encumbered by the Police Department for services rendered in FY2022-23.
RECOMMENDATION
It is recommended that the City Council
1. Authorize the Director of Finance to appropriate $109,371.34 from the General Fund and transfer to account 100-30-310-51100-00000 (Consultant Services).
FISCAL IMPACT
If approved, this authorization will add $109,371.34 from the General Fund and to the Police Department budget for FY2023-24 to meet the OS obligations.
BACKGROUND
In 1996, Baldwin Park Police Department entered into a contract with Motorola Solutions for the department's Computer Aided Dispatch (CAD) and Records Management System (RMS) for our software systems, communications network, and security technologies. Since that time, we have incorporated 21 modules, which have a bi-annual maintenance fee of $54,810.13, paid in September and March.
On November 20, 2019, the City Council authorized entering into agreements with Motorola Solutions for the purchase of the Spillman Geographic Information System (GIS) module for $57,580. The purchase of this module also covered 3 years of maintenance payments until 2022. In 2022, Motorola Solutions invoiced the yearly maintenance payment of $14,850.00, as well as the remaining balance for the module, totaling $34,979.68.
Beginning in 2022, the Interagency Communications Interoperability Joint Powers Authority (ICI JPA), which Baldwin Park Police Department is a member of, entered into a six-year agreement with Motorola Solutions to maintain the infrastructure of its radio system technology. This contract includes technical support, infrastructure repair, and network monitoring. The annual payment for this contract is $18,207.00.
The additional funding required for the Consultant Services Account will be used to pay three unpaid Motorola Solutions bills - invoice no. 1187080969, no. 8230402070, and no. 8230275790, totaling $109,371.34. $34,979.68 will be used to settle obligations under invoice no. 1187080969, the year 3
maintenance payment for our GIS Module. $54,810.13 will be used to settle obligations under invoice no. 8230402070, bi-annual cost for Motorola Solutions CAD maintenance. $18,207.00 will be used to settle obligations under invoice no. 8230275790, yearly ra dio system maintenance. Refer to the attached Motorola Solutions invoices and supporting documentation for further details. $1374.53 is needed to pay the remaining sales tax for the Spillman NIBRS/RIPPA modules purchased as the invoice totaled $46,374.53 and only $45,000.00 was appropriated in CIP 21-200, with ARPA grants in account #275-30-765-58105-53000.
Upon learning of these account payable obligations, we discovered that due to an oversight by staff, the payment to the vendor was regrettably not processed when the purchase order was initially created.
The pending invoice was only recently discovered, an d as soon as leadership was apprised of the outstanding invoice, we promptly took action to correct this oversight by requesting additional funds to settle the amount owed to the vendor.
Finally, we want to assure that we have conducted an internal review to determine the cause of this oversight, and as a result, appropriate administrative actions have been taken to prevent similar issues going forward, including strengthening processes and oversight around purchase order handling. We acknowledge room for improvement and have enhanced safeguards for processing authorized payments within expected timeframes.
ALTERNATIVES
1. Authorize the transfer of funds.
2. Decline to authorize the transfer of funds.
LEGAL REVIEW
The proposed authorization does not require a legal review
ATTACHMENTS
1. Invoice no. 1187080969 and documentation from Motorola Solutions totaling $34,979.68.
2. Invoice no. 8230402070 and documentation from Motorola Solutions totaling $54,810.13
3. Invoice no. 8230275790 and documentation from Motorola Solutions totaling $18,207.00
4. Staff report, sales quotes, and invoices for Spillman NIBRS/RIPPA module.
STAFF REPORT
ITEM NO. ____15____
TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
PREPARED BY: Anthony Vazquez, Public Works Manager
DATE: February 7, 2024
SUBJECT: Consider Approval of Amendment No. 1 to the
Maintenance Services Agreement (MSA) With Mariposa
Landscapes, Inc. for the Landscape Maintenance
Services
SUMMARY
This report seeks the City Council’s consideration of approval for Amendment No. 1 (first amendment) to the Maintenance Services Agreement (MSA) with Mariposa Landscapes, Inc. for Landscape Maintenance Services. This amendment will allow the City to extend the original contract term for a period of two (2) additional years and to include an adjusted rate increase of up to 5% for year One (1) and 2.5% for year two (2) pursuant to the Consumer Price Index (CIP) for Los Angeles/ Long Beach/ Anaheim Area. All other provisions of the MSA will remain in effect.
RECOMMENDATION
It is recommended that the City Council:
1. Approve Amendment No. 1 to the Maintenance Services Contract with Mariposa Landscapes, Inc. for Landscape Maintenance Services, extending the term contract for an additional two (2) years and adjusting rates by 5% for Year One (1) and 2.5% for year Two (2) due to CPI increase; and,
2. Approve an increase to the annual not-to-exceed contract amount from $100,000 to $105,000 in year one (1) and $105,000 to $107,625 in year two (2) to reflect the CPI increase; and,
3. Authorize the Mayor and City Clerk to execute Amendment No. 1; and,
4. Authorize the Finance Director to make necessary budget adjustments.
FISCAL IMPACT
There is no impact to General Fund. The FY 2023-24 operations budget approved by the City Council on June 21, 2023, includes a budgeted amount of $125,000 for Landscape Maintenance Services.
Amendment No. 1 will not exceed the amount of $105,000 in the cur rent fiscal year and $107,625 amount in the subsequent fiscal years.
BACKGROUND
The City of Baldwin Park’s Maintenance Division within the Department of Public works is responsible for the maintenance and operations of the City’s infrastructure. The Maintenance Division is comprised of Fleet, Street, Graffiti, Traffic, Lighting, and Park/Street Landscape sections. Pertaining to landscape maintenance, Public Works currently maintains five (5) parks within approximately seven (7) developed acres and approximately 3.2 miles of landscaped center medians along the major corridors throughout the City.
On January 20, 2021, the City Council authorized entering into a Maintenance Service Agreement
(MSA) with Mariposa Landscape Inc., to provide landscape maintenance services focusing on various center medians along Amar Rd., Badillo, Baldwin Park Blvd. and Ramona Blvd. corridors., including landscaped slopes of Puente Ave Underpass.
DISCUSSION
The existing initial three -year MSA with Mariposa Landscapes Inc. is scheduled to conclude on February 1, 2024. Provisions in the MSA allow for two (2) one-year extensions upon mutual agreement of both parties. Mariposa Landscape Inc. has submitted a letter of intent to continue providing services opting for the extensions per the terms of the MSA and requesting adjustment of current rates based on the Consumer Price IndeCPI for Los Angeles/ Long Beach/ Anaheim Area. Due to this factor, there is a need for an amendment to further extend the contract term with a mutually agreed upon increase of rate.
The CPI rates are outlined in Amendment No. 1 to the MSA and if approved, a CPI rate cap increase will be placed at 5% for year 1, beginning February 1, 2024, and a 2.5% CPI rate increase for year 2, beginning February 1, 2025. This Amendment No. 1 to the MSA is aimed at ensuring uninterrupted vital professional landscape maintenance services. All other provisions of the MSA will remain in effect.
ALTERNATIVES
1. The City Council may choose not to approve an amendment (Amendment #1) and request to send out a Request for Proposal (RFP) for a new Landscape Maintenance Services Agreement. This action is not recommended as this may interrupt vital services.
2. The City Council may choose not to approve this amendment (Amendment #1) and allow to piggy-back on another City’s Agreement with Mariposa Landscapes Inc.
3. The City Council may direct staff with alternative direction.
CEQA REVIEW
Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirec t physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutor ily or categorically exempt from CEQA. (Pub. Res. Code§ 21065.) To the extent that matters, it has been determined that the action does not constitute a “project” under CEQA.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Amendment No. 1 – Extension of Contract with CPI increase
2. Contract Extension Request with CPI Increase
3. Exhibit “B” Schedule of Compensation
4. Copy of original MSA for Landscape Maintenance Services
AMENDMENT NO. 1 TO LANDSCAPE MAINTENANCE SERVICES AGREEMENT THIS AMENDS THE AGREEMENT entered into on the 1st day of February 2021. THE FIRST AMENDMENT TO THE LANDSCAPE MAINTENANCE SERVICES AGREEMENT (this “First Amendment”) is dated as of February 7th, 2024 (the “Amendment Date”), and entered into by and between the CITY OF BALDWIN PARK, a California municipal corporation (the “City”), and MARIPOSA LANDSCAPES, Inc., (Services Provider). RECITALS A. The City and MARIPOSA LANDSCAPES, Inc., entered into a LANDSCAPE MAINTENANCE SERVICES Agreement dated February 1, 2021 (the “Agreement”), which, assigned MARIPOSA LANDSCAPES, Inc. as the services provider named to perform the tasks, obligations, and services set forth in the “Scope of Services” listed as Exhibit A in the Maintenance Service Agreement; and, B. As of the Effective Date of this Amendment No. 1, this Agreement remains in effect. THEREFORE, THE LANDSCAPE MAINTENANCE SERVICES AGREEMENT IS AMENDED AS FOLLOWS: 1. The City and MARIPOSA LANDSCAPES, Inc mutually acknowledge and consent to extending the contract for an additional two (2) years with an increase adjustment to rates by 5% for FY23-24 and 2.5% for FY24-25, pursuant to the Consumer Price Index (CPI) for the Los Angeles/ Long Beach/ Anaheim area. 2. Section 2, “COMPENSATION” is amended to update compensation set forth in the Agreement as Exhibit B Titled “SCHEDULE OF COMPENSATION” Appendix “A” to reflect the adjustment of rates by 5% for FY23-24 and 2.5% for FY24-25 and shall not exceed the amount of $105,000 annual budget for each FY 23-24 and $108,000 for FY24-25. The schedule of compensation in Exhibit “B” of the Agreement shall be replaced with the attached revised Exhibit “B”. 3. Section 3, “TIME FOR PERFOMANCE.” is amended to update the Agreement’s performance term as follows: A. Commencement Date: February 1, 2024 B. Expiration Date: February 1, 2026 TO EFFECTUATE THIS FIRST AMENDMENT TO THE AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, and in order to bind themselves legally to the terms and conditions of this Second Amendment, the duly authorized representatives of the parties have executed this Second Amendment as of the Amendment Date.
CITY OF BALDWIN PARK, a California municipal corporation By: ____________________________________ Emmanuel J. Estrada, Mayor Date: ______________________, 2024 MARIPOSA LANDSCAPES, Inc. By: ____________________________________ Terry Noriega, President Date: _____________________, 2024 ATTEST: __________________________________ City Clerk
TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 15529 ARROW HIGHWAY, IRWINDALE, CA 91706 • CA CONTRACTOR’S LIC # 592268 A, C-27, D-49 Our Core Values – Safety • Teamwork • Quality • Integrity
Friday December 29, 2023
Anthony Vazquez – Public Works Manager
City of Baldwin Park
13135 E. Garvey Ave
Baldwin Park CA 91706
Phone (626) 960-3993
RE: City of Baldwin Park Landscape Maintenance Contract – Request for Increase and Extension
Dear Mr. Vazquez,
Mariposa Landscapes, Inc., hereby requests the extension of our current landscape maintenance contract for an additional 2 years. With your approval, the first year begin on February 1, 2024 and will end on January 31, 2025 and the second year will begin February 1, 2025 and end January 31, 2026.
The rise in CPI since the inception of the contract in February 2021 to October 2023 is 17%, however we are requesting a modest increase to our contract price and unit prices of 5% for the first year and a 2.5% for the second year to help offset the increase in operating costs over the last 3 years.
I would like to take this opportunity to thank you for allowing Mariposa Landscapes, Inc. to provide professional landscape maintenance to the city of Baldwin Park. We look forward to continuing our partnership for many years to come.
Respectfully,
Tony Valenzuela–Branch Manager
[email protected]
626-252-4210 cell
© Insurance Services Office, Inc., 2012
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The following is added to the
Condition and supersedes any provision to the
contrary:
This insurance is primary to and will not seek
contribution from any other insurance
available to an additional insured under your
policy provided that:
The additional insured is a Named Insured
under such other insurance; and
You have agreed in writing in a contract
or agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
CG 20 01 04 13
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(2)
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OTHER INSURANCE CONDITION
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Includes copyrighted material of Insurance Services Office, Inc. with its permission.
CG-F-81 (04-13) Policy Number: Transaction Effective Date: 6069499 04/01/2023 This endorsement modifies insurance provided under the following:
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E.L. DISEASE - POLICY LIMIT
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Venbrook Insurance Services6320 Canoga Avenue, 12th FloorWoodland Hills, CA 91367 818-598-8941 www.venbrook.com CA Lic No. 0D80832
Windy West
Windy West
[email protected]
Mariposa Landscapes, Inc.6232 Santos Diaz St.Irwindale CA 91702 73541327
*10 Day Notice of Cancellation for Non-Payment of Premium, 30 Days for all other.
City of Baldwin Park14173 Garvey Ave.Baldwin Park CA 91706-4226 Waiver of Subrogation applies to Workers Compensation.
A 23D WS 12057 4/1/2023 4/1/2024
1,000,000Y 1,000,000
1,000,000
Alaska National Insurance Company 38733
73541327 | 23-24 WC - ML | Windy West | 3/23/2023 3:37:10 PM (PST) | Page 1 of 2
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Mariposa Landscapes, Inc.
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STAFF REPORT
ITEM NO. ____16____
TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
PREPARED BY: Anthony Vazquez, Public Works Manager
DATE: February 7, 2024
SUBJECT: Approval for the Procurement and Purchase of a Ford F600 Truck with Lift Bucket System from Global Rental
Co. Through the Sourcewell Purchasing Cooperative
SUMMARY
This proposal requests City Council approval for the procurement and purchase of a 2023 Ford F600 truck equipped with an Altec AT48M Lift Bucket System for the Public Works Maintenance Division.
This purchase, approved under CIP FY23-24, aims to replace the aging 1993 GMC Altec Bucket Truck, enhancing overall maintenance capabiliti es. The acquisition will be made through a Sourcewell cooperative purchase awarded contract with Global Rental Co., Inc., at a cost of $215,484.00 inclusive of a 4-year maintenance option. The new aerial lift bucket truck is anticipated to substantially im prove efficiency within the Public Works Maintenance Operations Division.
RECOMMENDATION
It is recommended that the City Council:
1. Authorize the capital purchase of the 2023 Ford F600 aerial bucket truck, consistent with the Sourcewell Purchasing Cooperative; and,
2. Authorize the Public Works Director to process purchase order requisition for Global Rental Co., Inc. in an amount not to exceed $215,484.00 utilizing approved funds identified in FY23- 24 Capital Improvement Program under CIP24-026-55031; and,
3. Authorize the Director of Public Works, or his designee, to complete all appropriate documentation to finalize the purchase.
FISCAL IMPACT
This purchase will have no impact on the General Fund. The funds for this purchase were approved by the City Council as part of the FY 2023 -24 Capital Improvement Program (CIP) Budget. The following is a summary of available funds approved:
Fund Description Acct# Amount
254 Measure R Local Return #254-50-590-58110-55029 $175,000.00 255 Measure M Local Return #255-50-590-58110-55031 $40,484.00 Total $215,484.00
BACKGROUND
The Department of Public Works Maintenance Division is comprised of six (6) different divisions, which include Traffic Control Division, Street Division, Graffiti Abatement, Street Landscape, Park Landscape, and Fleet Maintenance. The Public Works Fleet is comprised of 28 vehicles and 18 pieces of equipment. Maintenance staff handles a diverse array of responsibilities that may require the use of an ariel lift bucket truck. These tasks range from daily scheduled activities such as performing scheduled tree trims, replacing traffic signal bulbs, and graffiti abatement often in challenging, inaccessible
locations. Other tasks may include emergency response services such as handling of broken or hanging tree limbs, traffic collisions involving damaged infrastructure such as streetlight and traffic signal poles, or other actions requiring the use of an aerial lift bucket truck.
Currently, the Public Works Maintenance Division is using a 1993 aerial lift bucket truck to perform all these services. This truck is thirty (30) years old and has reached the end of its operational life with increasing maintenance, failing systems, and extensive down times. The truck’s frequent mechanical issues are affecting its availability for intended use and requiring the use of rental equipment. The vehicle’s current condition has created a significant impact on the Fleet Maintenance budget.
DISCUSSION
Public Works staff have been using the existing ALTEC Bucket truck for over thirty (30) years and it has now reached the end of its useful and economic life. In assessing the demands and the load requirements for an aerial lift bucket truck, staff has determined that a diesel -powered Ford F600 with a service body and an Altec lift bucket system is the best available truck to meet the needs of the Public Works M aintenance Operations Division. The selected bucket truck will be equipped with modern technological upgrades including a 1,000 lb. jib crane, an articulating bucket, a telescopic boom lift, and utility service body for use with a variety of tools and equipment. This selection is expected to enhance efficiency and flexibility in meeting the diverse needs of the Public Works Maintenance Operations Division.
Despite ongoing challenges in sourcing specialty heavy-duty vehicles due to supply chain constraints, the selected vendor, Global Rental Co. Inc., can deliver the bucket truck within the current fiscal year due to the cancellation of an existing sale . The truck has been made available and placed on hold for the city, allowing for the immediate procurement of the bucket truck and eliminating the extended lead time it would normally take if placed on order thr ough dealer channels . The bucket truck will be purchased through the Sourcewell (formerly known as NJPA) Competitive Procurement Network which will speed up the procurement process. Global Rental Co. Inc. secured a Sourcewell competitive bid for Rental and Sales of Equipment, Products and Related Services and subsequently entered into Cooperative Contract No. 062320-ALT, effective through 8/27/2024. All Sourcewell cooperative agreements are competitively bid on a nationwide basis. Some of the benefits of using a cooperative purchasing contract include reduction of the administrative costs associated with issuing a competitive solicitation and product cost savings based on economies of scale. Guided by the Baldwin Park Municipal Code §34.23 (C), allows the City to make purchases of goods and services obtained through a cooperative competitive bidding process or a “piggyback” contract, a determination that it is in the City’s best interests.
Global Rental Co. Inc. has met all the requirements set forth in the city specifications and is the only vendor able to deliver vehicles within a short window of time. Although staff is recommending the procurement of the bucket truck through the Sourcewell contract, as a matter of due diligence, staff also obtained quotes from non-Sourcewell vendors to compare prices and verify that Global Rental Co. was providing the best overall deal. Below is a summary of the additional vendor responses and quotes (not including sales tax).
Company F600 Aerial Bucket Lift Truck with JIB Cost
Global Rental Co. Inc. 2023 ALTEC AT48M $193,947.00
Custom Truck One Source 2023 PDA05075 $199,174.00
TEREX HI-RANGER LTM40 Not Available
ALTERNATIVES
1. The City Council may choose to defer approval of the acquisition and purchase of the bucket truck and direct staff to revisit the matter later with various cost options. However, this action is not recommended as the existing bucket truck is in dire need of replacement and the opportunity to purchase a readily available unit may provide significant cost and time savings.
2. Provide Staff with an alternative direction.
CEQA REVIEW
Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environm ent. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters , the action considered by this report does not constitute a “project” under CEQA.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Global Rental Co. Inc. Sourcewell Approved Quote
2. Sourcewell Contract Agreement with Global Rental Co. Inc. #062320-ALT
3. Response from Custom Truck One Source
4. Purchase Requisition
Quote Number: 1129202301
Opportunity Number:
Sourcewell Contract #: 062320-ALT
Date:
11/29/2023
Quoted for: City of Baldwin Park
Quoted by: John Georgacopoulos
Phone: / Email: (909) 743-3265 / [email protected] Sourcewell
REFERENCE MODEL
Price
(A.)
Sourcewell Options On Contract
SOURCEWELL OPTIONS TOTAL:
$129,049
(A.)
OPEN MARKET ITEMS (Customer Requested)
OPEN MARKET OPTIONS TOTAL:
$57,293
SUB-TOTAL FOR UNIT/BODY/CHASSIS:
$186,342
Delivery to Customer:
$7,605
TOTAL FOR UNIT/BODY/CHASSIS:
$193,947
(C.)
ADDITIONAL ITEMS (items are not included in total above) **Pricing valid for 45 days and may be subject to availability at time of order** NOTES
** Denotes FET fees were paid when unit was new. Global is not FET exempt.
All items listed subject to availability, quote provided at time of request detailing options Delivery is $3.00 / mile
Alternate year models may be available in addition to the ones shown here, they will be discounted / priced appropriately to reflect this
Chassis model can be any standard chassis (Ford, Dodge, International, Freightliner, Peterbilt, etc.) PAINT COLOR: White to match chassis, unless otherwise specified TO ORDER: To order, please contact the Account Manager listed above.
CHASSIS: Per Altec Commercial Standard
DELIVERY: No later than _____ days ARO, FOB Customer Location TERMS: Net 10 days
BEST VALUE: Altec boasts the following "Best Value" features: Altec ISO Grip Controls for Extra Protection, Only Lifetime Warranty on Structural Components in Industry, Largest Service Network in Industry, Altec SENTRY Web/CD Based Training, Dedicated/Direct Gov't Sales Manager, In-Service Training with Every Order.
Sourcewell Global Quote Template 9-8-23
AT37-G 4x4, 2022 $129,049
1 2
3 1 UNIT Unit to be Altec AT48M in lieu of AT37-G $42,377 2 UNIT & HYDRAULIC ACC
3 BODY
4 BODY & CHASSIS ACC
5 ELECTRICAL
6 FINISHING
7 CHASSIS
Chassis and unit body to be 2023 model year in lieu of
2022 $12,916
Chassis to be F600 in lieu of F550 $2,000
8 OTHER9
1 2
3 4
062320-ALT
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Solicitation Number: RFP #062320
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Global Rental Co. Inc., 33 Inverness Center Pkwy., Birmingham, AL 35242 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires August 27, 2024 unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new/current model, with the exception of equipment rented by Participating Entities which may not be current year models
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and may have been previously rented by other Vendor customers. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
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time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing
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restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.
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Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. PERFORMANCE BOND. If requested by a Participating Entity, Vendor will provide a performance bond that meets the requirements set forth in the Participating Entity’s order.
D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.
F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
062320-ALT
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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the
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address above “Attn: Accounts Receivable.” Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.
10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.
B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.
C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.
E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
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11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, to the extent arising out of the negligence or willful misconduct of the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.
12. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.
14. INDEMNIFICATION
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.
15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
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b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.
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16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.
19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
20. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without 30 days’ prior written notice to the Vendor.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of
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Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self- insured retention.
21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.
22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
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23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
062320-ALT
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
24. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Global Rental Co. Inc.
By: __________________________ By: __________________________ Jeremy Schwartz Mike Ritter
Title: Director of Operations &
Procurement/CPO
Title: Controller
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Bid Number: RFP 062320 Vendor Name: Altec Industries, Inc.
Bid Number: RFP 062320 Vendor Name: Altec Industries, Inc.
Exceptions to Terms, Conditions, or Specifications Form
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Documents
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1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. t is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. f you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. f the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Mark eting Plan category save the document as "Marketing Plan." Financial Strength and Stability - Financial Letter.zip - Tuesday June 23, 2020 09:42:09 Marketing Plan/Samples - Marketing.zip - Monday June 22, 2020 11:22:09 WMBE/MBE/SBE or Related Certificates - Statement on Diversity in the Workforce.pdf - Tuesday June 23, 2020 09:54:57 Warranty Information - Warranty.zip - Monday June 22, 2020 11:21:50 Pricing - Pricing.zip - Tuesday June 23, 2020 11:31:49
Additional Document - Additional Documents.zip - Tuesday June 23, 2020 09:50:21
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Bid Number: RFP 062320 Vendor Name: Altec Industries, Inc.
Custom Truck One Source
Atlanta, GA
Phone: (470) 781-2800
https://www.customtruck.com/locations
$ 199,174
PDA05075 VIN 1FDFF6LTXPDA05075Stock
2023 Ford F600
Detailed Specification
Attachment Year 2023 Axle Config 4x4
Brakes HYDRAULIC Cab Type REGULAR CAB
Characteristic Type 52' BUCKET Current Meter Reading 0.000000 Engine Hours 0.000000 Engine Hp 330
Engine Make Ford Engine Model 6.7L D
Engine Size 6.7 FA Capacity 7500
RA Capacity 15500 Rear Suspension SPRING
Transmission Automatic Transmission Model 10 SPD A
Transmission Speed 10 Wheelbase 169
DISCLAIMER: Price quoted includes any applicable FET. Quoted price is Ex Works and does not include any freight / delivery charges, sales tax, titling fees, or registration fees. Specifications are believed to be correct but may contain errors and/or omissions. Pictures are representative and may not be identical.
Description and Images Custom Truck One Source
Fax #:
One-time Purchase
If yes, please attach proof that the vendor is in good standing and free of suspension and debarment on SAM.gov.
Telephone
xEmail
xInternet
Other (Please provide explanation):
Name of employee who obtained / received quotes:
($10,001.00 - $24,999.99 Requires CEO Approval)
(Over $24,999.99 Requires City Council Approval)
0.00 Are you using federal funds for this purchase?Yes NoX CIP24-026-55031 0.00
Revised 8-15-2023
CEO Approval:
Division Head Approval:
Maintenance Yard within this Fiscal year 23/24.
215,484.00
System for Public Works Operations Division. This acquisition will replace the current truck. 254.50.590.58110.55031 * Only vendor with available truck on-hand through cancelled order. Typical wait time is 0.00 Vendor is providing a 2023 Ford F600 truck equipped with an Altec AT48M Lift Bucket 255.50.590.58110.55031 175,000.00 ** Funding approved during CIP FY23-24 Total:215,484.00 Shipping:
0.00 40,484.00
0.00 Vendor met all requirements and is able to deliver the vehicle to the Public Works
CITY OF BALDWIN PARK
PURCHASE REQUISITION
Date:
Requisition #:
P.O. #:Global Rental Co. Inc.Vendor:12/20/23
Date Required: Order Date:
Vendor #:
Phone #:
33 Inververness Center Pkwy Ste 250
Birmingham, AL 35242
(909) 743-3265
Address:
Total AmountUnit PriceItemQty Unit Account No.Catalog/Item No./Description 2-4 years.
Tax:
Subtotal:
Department Head Approval:
Anthony Vazquez
(909) 743-3265
Contact Person or Email:Method:
John Georgacopoulos
Purchases of $5,000 or more require three quotes. Please provide the information requested below. Justification required for Sole Source.
Phone # or Web Address:
Please provide justification for purchase below:
The current truck used to perform is a 1993 ALTEC Bucket truck. Due to frequent mechanical issues are affecting its availability for intended use and requiring the use of rental equipment. The vehicle's condition has made a significant impact to Fleet Maintenance Budget. However, The opportunity has arisen due to the cancellation of an existing sale, allowing us to secure the needed aerial lift bucket truck promptly.
Sourcewell Competitive Bid #062320-ALT _ Pending City Council Approval 1.17.2024 Global Rental Co. Inc. See attachments
Quotes:Vendors:
STAFF REPORT
ITEM NO. ____17____