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Home My WebLink About2010 05 19COMMUNITY DEVELOPMENT COMMISSION TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, MAY 19, 2010 at 6 :00 P.M. at City Hall, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. Dated: May 13, 2010 NO OTHER BUSINESS WILL BE DISCUSSED AFFIDAVIT OF POSTING Manuel Lozano Mayor I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as required by law on May 13, 2010. J�m a- )n . n Laura M. Nieto, CMC Deputy City Clerk •. CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING May 19, 2010 6:00 P.M. CITY HALL - Council Chamber 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 Manuel Lozano - Mayor /Chair Ricardo Pacheco - Mayor Pro TemNice Chair Marlen Garcia - Council Member/Member Monica Garcia - Council Member/Member Susan Rubio - Council Member/Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING ►S IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish - speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita at publico a dirigirse at Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que estd bajo su jurisdiccion, Si usted desea la oportunidad de dirigirse at Concilio a alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A calla persona se le permite hablar par tres (3) minutos. Hay un interprete para su convenienda. CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING -- 6:OOP.M. CALL TO ORDER ROLL CALL: Councilmembers /Members: Marlon Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tom/Vice Chair Ricardo Pacheco and Mayor /Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite Para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETS No se podra tomar action en algon asunto a menos que sea incluido on la agenda, a a menos que exista algona emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas par personas; o 2) Dirigir personal a investigar y/o fJar asuntos para tomar en consideration en juntas proximas. [Codigo de Gobierno §54954.2] RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9; (Two cases) 2. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8554001 -806 NIA 8554 - 001 -807 NIA 8554 -001 -808 14436 Ramona Blvd. 8554 - 001 -809 14436 Ramona Blvd. Commission Negotiators: Vijay Singhal & .Joseph Pannone Negotiating Parties: GTE California, Inc. Under Negotiation: Price and terms of payment 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC §54957) Title: City Planner Title: Housing Manager 5. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiator: Vijay Singhal, Chief Executive Officer U n- represented Employees: City Planner Housing Manager RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting. May 13, 2010. 66a )�?. ?* Laura M. Nieto, CMC Deputy City Clerk PLEASE NOTE., Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2"d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e-mail at Inieto(cDbaldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management of 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE !I) AGENDA BALDWI N PARK CITY COUNCIL REGULAR MEETING May 19, 2010 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 BAIDWN P* A* Ro K Manuel Lozano Ricardo Pacheco Marlen Garcia Monica Garcia Susan Rubio - Mayor - Mayor Pro Tern - Councilmember - Councilmember - Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEET /NO IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the City Council that is distributed to the City Council less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Councilmembers: Susan Rubio, Mayor Mayor Manuel Lozano ANNOUNCEMENTS Marlen Garcia, Monica Garcia, Pro Tern Ricardo Pacheco and PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Recognition of the Earth Day Recycled Art Project Contest winners from Vineland Elementary School Recognition of the 2010 Baldwin Park Counts Census Committee members • Recognition of the Baldwin Park High School Wrestling Teams for their successful season • Recognition of Baldwin Park High School Basketball Coach of the Year Marc Hart and the Baldwin Park High School Boys Basketball team for their 2nd place finish in the Valle Vista League • Recognition of the Sierra Vista High School Wrestling Team for winning the Mountain View League Champion title • Proclamation proclaiming May 16 - 22 as Public Works Week in the City of Baldwin Park PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion en alg(in asunto a menos que sea incluido en la agenda, o a menos que exista alg(Ina emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] City Council Agenda —May 19, 2010 Page 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends City Council receive and file. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF MAY 19,2010 -JUNE 2, 2010 Staff recommends City Council approve the preparation and presentation of the plaques, proclamations and certificates as outlined in the staff report. 3. MINUTES Staff recommends City Council approve the minutes of the regular meeting of April 21, 2010 and the special meeting of May 5, 2010. 4. CLAIM REJECTION Staff recommends City Council reject the claim of Maria Juarez and direct staff to send the appropriate notice of rejection to the claimant. 5. CITY TREASURER'S REPORT - APRIL 2010 Staff recommends City Council receive and file. 6. MONTHLY FINANCIAL REPORT - APRIL 2010 Staff recommends City Council receive and file the monthly financial report for the period ended April 2010. 7. RESOLUTION NO. 2010 -018 AND LETTER OF OPPOSITION TO SB 1070 Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2010 -008 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENOUNCING ARIZONA'S ANTI - IMMIGRATION LAW, SUSPENDING OFFICIAL TRAVEL TO THE STATE OF ARIZONA AND DIRECTING STAFF TO REFRAIN FROM DOING BUSINESS WITH ANY COMPANY BASED IN ARIZONA UNTIL SB 1070 IS REPEALED" and direct staff to send a letter of opposition to SB 1070. 8. AWARD A CONTRACT FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS ON RAMONA A, 1 -605 TO FRANCISQUITO AVENUE, FEDERAL PROJECT NO. ESPL -5323 (018) - FTIP NO.: LAES411 TO SULLY - MILLER CONTRACTING COMPANY IN THE AMOUNT OF $833,411 Staff recommends City Council 1) award a construction contract to Sully - Miller Contracting Company in the amount of $833,411; and 2) authorize the Mayor to execute the agreement; and 3) authorize the Director of Public Works to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract amount. 9. AWARD A CONTRACT FOR CONSTRUCTION MANAGEMENT OF THE RAMONA A - 1 -605 TO FRANCISQUITO ROADWAY REHABILITATION, FEDERAL PROJECT NO. ESPL -5323 (018) - FTIP NO.: LAES411 TO CIVILSOURCE, INC. IN AN AMOUNT NOT TO EXCEED $67,120 City Council Agenda —May 19, 2010 Page 3 Staff recommends City Council award a construction management contract to Civilsource, Inc. in the amount not to exceed $67,120 and authorize the Mayor to execute the agreement as shown in Attachment 5 of the staff report. 10. AWARD A CONTRACT FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS ON RAMONA B, FRANCISQUITO AVENUE TO MERCED AVENUE, FEDERAL PROJECT NO. ESPL -5323 (019) - FTIP NO.: LAES411 TO PAVEWEST CONTRACTING COMPANY IN THE AMOUNT OF $1,261,335 Staff recommends City Council 1) award a construction contract to PaveWest in the amount of $1,261,335; and 2) authorize the Mayor to execute the agreement; and 3) authorize the Director of Public Works to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract. 11. AWARD A CONTRACT FOR CONSTRUCTION MANAGEMENT OF THE RAMONA B - FRANCISQUITO AVENUE TO MERCED AVENUE REHABILITATION, FEDERAL PROJECT NO. ESPL -5323 (019) - FTIP NO.: LAES415 TO WILLDAN ENGINEERING IN AN AMOUNT NOT TO EXCEED $101,740 Staff recommends City Council award a construction management contract to Willdan Engineering in the amount not to exceed $101,740 and authorize the Mayor to execute the agreement as shown in Attachment 5 of the staff report. SET MATTERS -PUBLIC HEARINGS (7:00 P.M. or as soon thereafter as the matter can be heard). If in the future you wish to challenge the following in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk and /or City Council at or prior to the public hearing. 12. PUBLIC HEARING TO CONSIDER THE FISCAL YEAR 2010/2011 CITY, COMMUNITY DEVELOPMENT COMMISSION AND HOUSING AUTHORITY BUDGETS (See related Item #3 on the Community Development Commission Agenda and Item #3 on the Housing Authority Agenda) Staff recommends City Council, Community Development Commission and Housing Authority conduct a joint public hearing and following the public hearing approve the Fiscal Year 2010 -11 budget as presented or amended and waive further reading, read by title only and adopt Resolution No. 2010 -019 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2010 AND ENDING JUNE 30, 2011 ". 13. PUBLIC HEARING TO CONSIDER A CITYWIDE MORATORIUM ON DRIVE - THROUGH ESTABLISHMENTS, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858(b) Staff recommends City Council conduct the public hearing and following the public hearing waive further reading, read by title only and adopt on first reading Ordinance No. 1333 entitled, "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, ADOPTING A CITYWIDE MORATORIUM ON DRIVE - THROUGH FACILITIES / ESTABLISHMENTS AND DECLARING THE URGENCY THEREOF." City Council Agenda —May 19, 2010 Page 4 REPORTS OF OFFICERS 14. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 91 OF THE BALDWIN PARK MUNICIPAL CODE, AND A RESOLUTION BOTH RELATING TO ALARM SYSTEMS, FALSE ALARMS AND RECOVERING COSTS RELATED TO ISSUANCE OF PERMITS AND RESPONSES TO FALSE ALARMS Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2010 -017 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING FEES RELATED TO ALARM PERMITS AND FINES RELATED TO RESPONSES TO FALSE ALARMS;" and waive further reading, read by title only and introduce for first reading Ordinance No. 1329 titled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 91 OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO ALARM SYSTEMS, FALSE ALARMS AND RECOVERING COSTS RELATED TO ISSUANCE OF PERMITS AND RESPONSES TO FALSE ALARMS." CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS • Request by Mayor Lozano for discussion on the following: 1) Discussion on Waste Management's "The Bagster Bag" as an alternative to trash bins for home and business use; 2) Follow up on shopping center at Ramona and Baldwin Park Boulevards related to continual trash accumulation, business owners / management input and solutions; 3) Discussion and update on a citywide water conservation plan ADJOURNMENT CERTIFICATION City Council Agenda —May 19, 2010 Page 5 BALDWIN P, A, R • K TO: FROM: DATE: SUBJECT: PURPOSE: CITY OF BALDWIN PARK CITY COUNCIL AGENDA MAY ig STAFF REPORT ITEM N0. Honorable Mayor and Members of the City Council Lorena Quijano, Finance Director * - May 19, 2010 Warrants and Demands The purpose of this report is for the City Council to allow the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND AND DISCUSSION: The Finance Department has recently converted to a new financial system. The Claims and Demands report format has been modified and continues to report the required information in accordance with the Government Code. The payroll of the City of Baldwin Park consisting of check numbers 192180 — 192238 Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 208087 — 208351 for the period of April 18, 2010 through May 01, 2010 inclusive, have been presented and hereby ratified, in the amount of $401,396.40. General Warrants, including check numbers 180154 to 180365 inclusive, in the total amount of $502,142.13 constituting claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. 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N r-I A O p H N VI O kD m 0 0 'A H O M . NON LD Inm r lOOO h N In H ,n O O 'T N N N O m rlH Nui ntN,n yr H m H Q O O N I m I~ H Ch In 0 O N 0 0 0 H I \ O H O HI to d' o N o ° �o a O O 0 0 ,n o �r ri N a w O O Q N I 61 d� r r{ m U) o N 0 0 0 rl I \ Q H O rl I \ 19 In r1' O N o O o ,n o r u, yr r M O m H lP O o O O O M O O V, O 4 r-1 O O m I W I cr IS'1 M e-, rl [+ p m O O O M O rE r{ I I O rl rl N N i I i 1 I \ O --0 O H H I \ l n \ N N u, o N o O O m O C VI O 1 mp In m o h< ti) L rt en r o u, N r, M r ?A N Ur H u, M M a o m 00 H H M Q o N O Q rn H Lo 0 O O El G S Fl; O O O [I H H m O 6 W N x x x x U x U x In W7 In �U: (A U1 (n w U) H H O w a O p 7 w 44; q H O r, O 4t O H �z 7 0 �1 I BALDWIN P -A, R� K CITY OF BALDWIN PARK STAE8ME IL AGENDA TO: Honorable Mayor & Members of the City Council FROM: Vijay Singhal, Chief Executive Officer DATE: May 19, 2010 MAY 19 ITEM NQ..�, SUBJECT: Proposed Recognitions by the Mayor and City Council for the period of May 19, 2010 — June 2, 2010 PURPOSE The purpose of this report is to seek approval of the City Council of requests for plaques, proclamations and certificates; and to recap approved emergency requests. REQUESTSIRECAP The following requests for plaques and certificates were received: RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. Time /Date /Place of Date Needed Requested B List of Honorees Presentation Councilmember Kaiser Permanente 4:00pm /May 13 Certificates Marlen Garcia Educational Outreach Baldwin Park Teen 05 -13 -10 Program — Jean Marie Center Carpenter Memorial Recognition Award Recipients 201 Councilmember BPHS Wrestling Team for 7:00pm /May 19 Certificates Marlen Garcia Successful Season & Council Chambers 05 -19 -10 Junior Olympian for Mexico Councilmember SVHS Wrestling Team & 7:00pm /May 19 Certificates Susan Rubio Coaches, League Champs Council Chambers 05 -19 -10 Councilmember Recycling Contest Winners 7:00pm /May 19 Certificates Susan Rubio Council Chambers 05 -19 -10 Public Works Proclamation proclaiming 7:00pm /May 19 Proclamation Department May 16 -22 as Public Council Chambers 05 -19 -10 Works Week Dept. of Parks 2010 Baldwin Park Census 7:00pm /May 19 Certificates and Recreation Committee Members Council Chambers 05 -19 -10 Councilmember Seniors of the Year 7:00am /June 2"r Plaque Monica Garcia Rosie Rodriguez and Willa Council Chambers 06 -02 -10 Reynolds RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. CITY OF BALDWIN PARK CITY COUNCIL MINUTES CITY COUNCIL AGENDA MAY 19 WEDNESDAY, APRIL 21, ITEM 9®10 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor /Chair Ricardo Pacheco, Mayor Pro Tem /Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Council Members /Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER INVOCATION Led by Pastor Jackson PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Mayor Lozano commented about the upcoming Earth Day events and encouraged members of the community to participate; Councilmember Marlen Garcia asked to adjourn in memory of Michele Morales, Baldwin Park resident. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Proclamation presentation proclaiming April 22nd Earth Day in the City of Baldwin Park Mayor Lozano read the proclamation Check presentation to the City of Baldwin Park by Michael Kaddatz, 1CRMA General Manager for the Liability Program Dividend Distribution Human Resources Manager Lara introduced Mr. Kaddatz and he presented a dividend check to the City of Baldwin Park ROLL CALL Present: Councilmember Marlen Garcia, Councilmember Monica Garcia, Councilmember Rubio, Mayor Pro Tem Pacheco, Mayor Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Page 1 of 6 Development Manager Castagnola, Public Works Director Galvez, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS Ken Woods, resident 1 business owner expressed concern about the state of the city Charlie Contreras, HLC Electric addressed issues regarding sound walls that would obstruct businesses along the 1 -10 Freeway and submitted a petition from freeway corridor businesses. He also reported petty crime in the Merced 1 Ramona area Belinda Campos, resident spoke in support of the proposed joint -use facility at Olive School Cruz Sembello, resident thanked Public Works and Police staff for addressing an illegal dump and spoke about the increase in illegal dumping in the City John Rios, resident reported that he had met with CEO Singhal and they visited Walnut Creek Nature Park and observed the site. He thanked the CEO for producing results and also spoke about graffiti Chief Hadsell elaborated on speaker Baca's comments, noting that some of the trash had been dumped on the Irwindale side of the street Teri Muse, representing Waste Management spoke about bulky items and the efforts being made to clean up the city. She reported that messages would be on the marquees in English and Spanish, there would be bill stuffers as well as a notice in the NOW. She also reported that a legal dumping grant was received and it would help to address code enforcement 1 security measures Magda Torrellas, resident spoke about the possible loss of a swimming instructor at the pool. She thanked Councilmember Marlon Garcia and the Public Works Department for maintenance on Los Angeles Street and invited Mayor Lozano to an upcoming event Greg Tuttle, business owner spoke about jobs in the city; the negative impacts of Ordinance 1290; a perceived conflict of interest in Councilmember Marlon Garcia's son being employed by the city and the State of the City address Public Communications were closed at 7:31 p.m. In response to comments made by speaker Tuttle, Councilmember Marlon Garcia stated that if she had been texting, she was communicating with her daughter. As a mother, her children were her priority and she apologized if it was disrespectful Councilmember Rubio asked what could be done to address the issue regarding the sound wall and wanted to advocate on behalf of the businesses. Councilmember Monica Garcia answered that at the meetings, which speaker Page 2 of 6 Contreras had been attending, the Task Force had been asking CalTrans to forego the sound wall along the commercial properties. She had been in communication with Raja Midwasi, Chief Deputy Director of the area and he agreed that it was a win/win situation that the sound walls not be constructed as they are very costly. She requested that CEO Singhal follow up with the project manager and Chief Deputy Director and ensure that the city's position was very clear. Councilmember Rubio asked if there was anything more that the Council could do as a unit to show that they were opposed to the sound walls. Councilmember Monica Garcia stated that all of the Task Force meetings were open to the public and that several other elected officials from surrounding areas had attended. In response to the inquiry by Councilmember Rubio if there was more that could be done to show the Council's opposition to the sound walls, Councilmember Monica Garcia said that a resolution would be an option. Mayor Lozano stated that the Council unanimously opposed the construction of a sound wall because it would defeat the vision that the Council had set forth for the freeway corridor. City Attorney Pannone advised that the matter was not on the agenda. CEO Singhal said that it would be brought forward to the next meeting Councilmember Marlen Garcia reported on a recent meeting hosted by the Assemblyman and advised that the issue had been addressed with CalTrans. She did not understand speaker Contreras' concern as this had been something that both she and Councilmember Monica Garcia had previously discussed with him. She noted that there had been transparency, with information readily available to the business owners. It was also reported that staff had been discussing it with CalTrans and that it was a top priority CEO Singhal said that the item would be brought back to the next meeting with an update. Councilmember Monica Garcia requested that the Chief Deputy Director be engaged, as he was in a higher position of authority than the project manager, and that she and Councilmember Marlen Garica had previously spoken with him and it was stated that it was a win/win for the sound wall not to be constructed CONSENT CALENDAR Motion: Approve CONSENT CALENDAR with the exception of Items 3, 5, 8 and 10 Moved by Mayor Lozano, seconded by Mayor Pro Tern Pacheco. 1. WARRANTS AND DEMANDS City Council received and filed. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF APRIL 21, 2010 - MAY 4, 2010 City Council approved the preparation and presentation of the plaques, Page 3 of 6 proclamations and certificates as outlined in the staff report. The following item was pulled by Councilmember Monica Garcia for separate discussion. 3. MINUTES City Council approved the minutes of the regular meeting of March 17, 2010 and the special and regular meetings of April 7, 2010 as amended. Councilmember Monica Garcia provided a name correction to the regular minutes of March 17th with regards to the Domestic Violence Advocate program and clarification on comments for the special meeting minutes of April 7, 2010. 4. CLAIM REJECTION City Council rejected the claims of Alma Baltier, Arnel Soriano and Subrogation Demand from Mercury Insurance and directed staff to send the appropriate notice of rejection to claimants. The following item was pulled by Mayor Pro Tem Pacheco for separate discussion: 5. PROPOSED RESOLUTION IN SUPPORT OF THE VALLEY COUNTY WATER DISTRICT ARROW RESERVOIRS PROJECT (Continued from April 7, 2010) Mayor Pro Tern Pacheco spoke about this resolution and expressed the need to bring better quality water to the residents of the city. He thanked the Valley County Water District Board Members and applauded their actions City Council adopted Resolution No. 2010 -012 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS SUPPORT OF THE VALLEY COUNTY WATER DISTRICT ARROW RESERVOIRS PROJECT AND THE ASSOCIATED FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION." 6. RENEWAL OF AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR PROVIDING SCHOOL CROSSING GUARD SERVICES FOR FISCAL YEAR 2010/2011 City Council 1) approved the FY 10111 contract with All City Management Services for crossing guard services and 2) authorized the Mayor to execute the agreement. 7. ACCEPTANCE OF THE FRANCISQUITO AVENUE REHABILITATION PROJECT CONSTRUCTED BY HARDY AND HARPER, INC. AND AUTHORIZATION TO RECORD THE NOTICE OF COMPLETION (Continued from April 7, 2010) City Council 1) accepted the construction improvements by Hardy and Harper, Inc. and authorized the recordation of a Notice of Completion; 2) authorized a Page 4 of 6 contract extra in the amount of $66,250 to Vali Cooper and Associates, Inc.; and 3) authorized the payment of $112,248.06 in retention funds to Hardy and Harper, Inc. upon expiration of the 35 -day lien period. The following item was pulled by Councilmember Rubio for separate discussion: 8. TREE CITY USA DESIGNATION Councilmember Rubio commended staff and thanked them for preparing this report. She noted that forestry needed to be improved and shared that she had spoken with organizations that would be willing to sponsor trainings for staff City Council received and filed the report. 9. CONTRACTED SERVICE AGREEMENT WITH LA COUNTY ANIMAL CONTROL I COMPLAINTS AND FEE INCREASES City Council 1) authorized the Chief of Police to proceed with the proposed cost saving scenario; 2) considered adopting the changes to Title 10 of the Los Angeles County Code; 3) considered adopting the Los Angeles County Code relating to the mandatory spaying, neutering of dogs; 4) considered adopting Los Angeles County Code relating to the mandatory Micro chipping of dogs; 5) authorized the Finance Director to appropriate the necessary funds from whatever account the City Manager deems appropriate; 6) authorized staff to continue looking at other options for providing Animal Control Services to the City, such as non - profit organizations or non - County animal control service providers; 7) authorized staff to explore other options to reduce the costs of animal control in the long run by enforcing greater accountability on pet owners, limiting the size, weight and type of dogs and cats, who may be considered threat to public including children, limiting ownership of dogs by convicted felons (either any convicted felon, or only those convicted of certain types of felonies - e.g. drug, violence or gang related felonies) - based on the premise that the dog could be used as a deadly weapon and imposing greater fines and penalties on irresponsible owners; and 8) required the Chief of Police to update the City Council, via status report, once the project has been in place for one year. The following item was pulled by Ma ryor Lozano for separate discussion: 10. AUTHORIZATION TO SUBMIT GRANT APPLICATION FOR THE CONSTRUCTION OF A GYMNASIUM AND NEW PARK AND APPROVAL OF SCHOOL A JOINT -USE AGREEMENT WITH THE BALDWIN PARK UNIFIED SCHOOL DISTRICT Mayor Lozano amended the title of the report to remove Sierra Vista Junior High School. Councilmember Rubio expressed her excitement with this project and looked forward to seeing a gymnasium in the city. Councilmember Marlen Page 5 of 6 Garcia shared that this project had been promoted, through HEAC, noting that it was a big step forward in collaborations with the District. She commended Superintendent Mark Skvarna for his commitment and diligence and expressed her support of him Mayor Pro Tern Pacheco commended the School Board for working on this project, and looked forward to building something together. He also commended Director Carrillo and staff for their hard work Motion: Approve Items 3, 5, 8 and 10 Moved by Councilmember Monica Garcia, seconded by Mayor Pro Tem Pacheco. REPORTS OF OFFICERS 11. UPDATE ON ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT Senior Redevelopment Project Coordinator Picazo presented the report Councilmember Monica Garcia thanked staff for working on this item, noting that Baldwin Park was leading by example and helping to promote the "green" vision that the Council had for the City. Not only would Baldwin Park be a healthy city, but a "green" city as well Motion: Approve the Energy Efficiency and Conservation Strategy for the City of Baldwin Park as part of the Energy Efficiency and Conservation Block Grant. Moved by Mayor Lozano, seconded by Councilmember Monica Garcia. CITY COUNCIL I CITY CLERK 1 CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS NONE ADJOURNMENT There being no other matters for discussion the meeting was adjourned in memory of Michele Morales at 7:50 p.m. Approved as presented by the Council at their meeting held May 19, 2010. Laura M. Nieto, CMC Deputy City Clerk Page 6 of 6 CITY OF BALDWIN PARK CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION MINUTES WEDNESDAY, MAY 05, 2010 6:00 p.m. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor/ Chair Ricardo Pacheco, Mayor Pro Tern 1 Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Councilmembers 1 Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER Mayor 1 Chair Lozano called the meeting to order at 6:10 p.m. ROLL CALL Present: Councilmember 1 Member Marlen Garcia, Councilmember 1 Member Monica Garcia, Councilmember 1 Member Rubio, Mayor 1 Chair Lozano. Absent: Mayor Pro Tern 1 Vice Chair Pacheco. Also Present: Chief Executive Officer Singhal, City Attorney Ailin, Community Development Manager Castagnola, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (Two cases) 2. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Page 1 of 3 Properties: 8437 -004 -059 Henry H. and Kao Chang 4212 Maine 8437- 004 -060 J &J Warehouse Co. 1 Newman Tek Capital 14417 Ramona 8437 - 004 -061 14433 Baldwin Park LLC 14433 Ramona 8437 - 004.062 14433 Baldwin Park LLC 14433 Ramona 8437 -004 -063 J &J Warehouse Co. 1 Newman Tek Capital NIA 8437 -004 - 064 J &J Warehouse Co. 1 Newman Tek Capital 14467 Ramona 8437 - 004 -065 J &J Warehouse Co. I Newman Tek Capital 14519 Ramona 8437 - 004 -066 J &J Warehouse Co. 1 Newman Tek Capital 14483 Ramona 8437 -004 -067 J &J Warehouse Co. 1 Newman Tek Capital 14455 Ramona 8437- 004 -068 Bank of America 14401 Ramona 8437 - 004 -069 J &J Warehouse Co.1 Newman Tek Capital 4124 Maine 8437- 004070 Roxbury Properties 4124 Maine 8437- 004 -959 Baldwin Park Co. Water District 14521 Ramona Negotiators: Vijay Singhal and Joseph W. Pannone Negotiating Parties: Above -named property owners Under Negotiation: Terms and conditions B) Properties: 8554 -001 -806 NIA 8554 - 001 -807 NIA 8554 - 001 -808 14436 Ramona Blvd. 8554 - 001 -809 14436 Ramona Blvd. Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: GTE California, Inc. Under Negotiation: Price and terms of payment RECONVENE IN OPEN SESSION The Council 1 Commission reconvened in open session with all members present REPORT FROM CLOSED SESSION Page 2 of 3 No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:00 p.m. Approved as presented by the Council I Commission at their meetings held May 19, 2010. Laura M. Nieto, CMC Deputy City Clerk Page 3 of 3 rr1TV nF RALI)WIN PARK MAY 19, • a� ITEM NO. AGENDA STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Shama P. Curian, Sr, Human Resources Analyst DATE: May 19, 2010 SUBJECT: Claim Rejection PURPOSE This report requests the City Council reject the Claims for Damages to Person or Property received for filing against the City. BACKGROUND DISCUSSION In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claim by order of a motion and that the claimant is sent written notification of said action. RECOMMENDATION Staff recommends City Council reject the claim of Maria Juarez and direct staff to send the appropriate notice of rejection to claimant. Attachment(s) Claim filed by: 6 Juarez, Maria DOL: 1214/09 R, ff CITY OF BALDWIN PARK E �g'tb �ray j $ � R V D - BA! DW I N CLAIM FOR DAMAGES Name of Claimant ° ' "' R ' K TO PERSON OR PROPERTY MAY 10- MIDI INSTRUCTIONS 1. READ CLAIM THOROUGHLY. uffV r difl�t�f� 2. FILL OUT CLAIM IN ITS ENTIRETY 13Y COMPLETING EACH SECTION. PROVIDE FULL DETAILS. Sled r ;lc,,,r,T f�t� 'Ltlfng`Sfamp 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 81706 3. Business Address of Claimant WARNING 8. a CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) 9. e ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE 10. Names of any City employees involved in INJURY or DAMAGE: OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) Date: .Z 1ti cl Time: $-C' Grr1 . r, To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) - - C/ v 1. Name of Claimant 5. Claimant's Occupa on 2. Home Address of Claimant G(( t2,, 6. Home Tehphc -.c "lumber 3. Business Address of Claimant 7. Business Telephone Number 8. Name and address to which you desire notices or communications to be sent regarding this claim: C ?U t.cJ e... 1 Gs t i 9. When did DA AGE r IN JURY occur? 10. Names of any City employees involved in INJURY or DAMAGE: Date: .Z 1ti cl Time: $-C' Grr1 . Name T Department If claim is for Equitable Indemnily, give dale claimant served with complaint: r 11. Where ) id DAMAGE or INJURY occur? 12. Describe in detail how the DAMAGE or INJURY occurred. _ f.. t a C... } {. 13. Were police or paramedics called? Yes td No ❑ 14. If physician was )visited due to injury, include date of first visit and physician's If yes, was a report filed? Yes No ❑ name, address and phone number: K (4j v 'v �i y l r' ! �'11�� JG -� _ If yes, what is the Report No? C' iUi 1 (�;�Ic'lcc� i V) r �? � 1C. � ��. �u, �, ✓t i �.r yIC r C c:, `-i1-�� 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) 15. List damages incurred to date? y, 4 16. Total amount of claim to dale: $� r't ` ti �s �>�j +,,.,..f i_i Basis for Computation: _— Limited Civi! Case: ❑ Yes [2"No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be staled, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: S i11\ Basis for Computation: — 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name ri7lYc f _ �:, I 1 � —_ ,V _— Address ziG'f� 11�Iv,� c r r�� cfldu vl �?.7 p L Phone LZ L' ` '� Name Address Phone 19. Signature of Claimant or person filing on claimant's behalf: relationship to claimant and date: 1 hereby cerlrry (of declare) under penally of perjury under the laws or iha slate of California that the foregoing is true and correcl to the besl or my knowledge G.� ". •. � b /.. a � �`ir l. _ _ r�[ I' [- � i., � 1. ig ature Retalionshi ld Claimant Printed Name Dale 'Note: Presentation OT a TalSe Claim is a TelOny tt'enal L.oOe Jection r[) CC Farm t (Rev rrusr A ovi- �� vU a s w\ lc v q c) o S i d-e vx. - (,Q �z -� \ e o Vl w7 ✓ 1 Slit -� �-►� e e cf' ✓i c� 9) Seca U t> e 4AA-C Ce-vA -Qvt,� 1 S " c)4 <2 \),e o a L-i a k of c` �Cxc\ �ri� c� 1 V-1 �GV✓ -e- a v� a CII 0 C' CITY COUNCIL AGENDA Schedule of Cash and Investments includes all financial assets as Included in the Comprehensive Annual Financial Report. There was no Investment maturity /purchase transaction made for the month of April 2010 and several deposits /withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient Investment liquidity and anticipated revenues are avallable to meet the City's expenditure requirements for the next six months that all Investments are In compliance to the City's Statement of Investment Policy. Approved by. — /Y/W/�q a &', ena Quijano f Finance Director CITY OF BALDWIN PARK MAY 19 TREASURER'S REPORT April 30, 2010 ITM No. ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUL� PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City 0.59% Varies Varies 16,066,688.88 16,066,688.88 16,066,688.88 16,066,688.88 Community Develop. Comm. 0.59% Varies Varies 12,931,642.73 12,931,642.73 12,931,642.73 12,931,642.73 Housing Authority 0.59% Varies Varies 1,905,270.31 1,905,270.31 1,905,270.31 1,905,270.31 30,903,601.92 30,903,601.92 30,903,601.92 30,903,601.92 Fiscal Agent Funds - City Varies Varies Varies 4,941,711.08 4,941,711.08 4,941,711.08 4,941,711.08 Fiscal Agent Funds - CDC Varies Varies Varies 2,071,937.26 2,071,937.26 2,071,937.26 2,071,937.26 $ 37,917,250.26 37,917,250.26 7,013,648.34 $ 37,9177 250.26 Total Investments $ 37,917,260.26 Cash City Checking 904,698.00 City Miscellaneous Cash 95,042.59 Comm. Develop, Comm. 200,743.72 Housing Authority 225,018.62 Financing Authority 0,00 Total Cash 1,42502.09 Total Cash and Investments $ 39,342,753.19 Schedule of Cash and Investments includes all financial assets as Included in the Comprehensive Annual Financial Report. There was no Investment maturity /purchase transaction made for the month of April 2010 and several deposits /withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient Investment liquidity and anticipated revenues are avallable to meet the City's expenditure requirements for the next six months that all Investments are In compliance to the City's Statement of Investment Policy. Approved by. — /Y/W/�q a &', ena Quijano f Finance Director P , A , R• K TO: Honorable Mayor and City Council Members FROM: Vijay Singhal, Chief Executive Office 0 Lorena Quijano, Director of Finance DATE: May 19, 2010 SUBJECT: Monthly Financial Report: April 2010 PURPOSE CITY COUNCIL. AGENDA MAY 1 9(0 STAFF REPi7RT"° -' The purpose of this report is to provide City Council with a monthly financial report for the period ended April 2010. BACKGROUND The City's Fiscal Accountability Policy requires that a monthly financial report be presented to the City Council from September that May. This report provides data up to April and provides an update from the Mid -Year Report, which was discussed during the month of March 2010. DISCUSSION The Monthly Financial Reports provide the City Council and staff with a monthly budgetary status. As has been discussed during the year, the economic crisis continues to cause significant impacts on all aspects of the local economy with lower revenues and an increased need for services. The State of California continues to struggle with massive budget deficits and significant budget constraints are now the norm in many cities and counties. As a result of this economic crisis many Cities and Counties are facing significant fiscal challenges resulting in budget deficits, program reductions, furloughs and/or layoffs. While we have also seen significant declines in our revenues our proactive efforts have resulted in reduction in expenditures allowing us to avoid impacts on programs and services. It is anticipated that our revenues for the year will be lower than budget estimates, however, our expenditures, including transfers, are also expected to be lower than budget and thereby it is expected that the end of the year will be balanced. As discussed during the Mid -Year Review, in order to combat the impact of revenue reductions, staff analyzed various options, which included expenditure savings and re- allocation of expenditures to other eligible sources. It is our priority to maintain the level of services and programs offered and we are hopeful that the City will be able to maintain a balanced operation during the fiscal year. Monthly Report: April 2010 Page 2 As shown in the following table, based on current trends, the General Fund is expected to break even with a small surplus of $16,680. This surplus is lower than originally estimated but given the extent of revenue declines experienced by the General Fund this is a very positive and commendable feat. Any major expenditure increases or further revenue declines or losses through the end of the year will cause adverse impacts on performance. The following table shows anticipated General Fund's performance based on current trends: t-n.rni Go■nri Prninrfnri Rwinat 20(19/20110 ti7 rrE1�i ■A■ ■ iA■•�• Adopted YTD Projected Projected Annual Revenue/ June 30, vs, Adopted Budget Expenditures 2010 —Budget Revenues (including Transfers In 26,234,600 16,036,519 24,545,760 1,688,840 Expenditures (including Transfers Out 26,045,350 18,278,136 24,529,080 1,516,270 Grand Total 189,250 2,241,817 16,680 172,570 Following is a more detailed discussion on revenues and expenditures and anticipated changes: General Fund Revenues: Based on current revenue trends, revenues are expected to be lower by about $1.68 million or 6.4% mainly due to lower tax revenues (sales and property taxes) and decreased collections on vehicle code fines including red light camera revenues. Although the revenue shortfall is significant, the city's ability to keep costs low helped by vacant positions, reallocations of certain allowable expenditures to other eligible sources and a decrease in the amount of internal services charges that the General Fund will have to pay to internal service funds will generate expenditure savings that will offset the revenue shortfall. Revenues are not received evenly throughout the year. In fact most of the larger revenues start to come in January, at which time the City also receives any revised projections from the County and /or the State. Another large portion relating to property tax and sales tax is received in May and the City will continue to receive current year revenues until the month of August. The projections as of June 30, 2010 are therefore based on trends available at this time and any of these estimates may change if revenue trends change in the coming months. The following table shows the projections for the major revenue sources as compared to the adopted budget: Monthly Report: April 2010 Page 3 f±.........1 CrrNA Dn�rnnrrne 'il1A�I7ii1i� Category Adopted Annual Budget YTD Revenue April 30, 2010 Projected June 30, 2010 Projected vs. Adopted Budget % Property Taxes 3,492,000 2,544,429 3,449,000 - 43,000 -1.2% Sales Tax 5,150,000 2,787,471 4,600,000 - 550,000 -10,7% Utility Users Tax 2,550,000 1,811,704 2,450,000 - 100,000 -3.9% Motor Vehicle Fees 6,750,000 3,255,012 6,481,420 - 268,580 -4.0% Franchise Fees 1,550,000 1,350,936 1,420,000 - 130,000 -8.4% Business Licenses 550,000 473,619 554,650 4,650 0.8% Construction Related 939,000 771,958 1,065,950 126,950 13,5% Police Revenues 3,261,000 1,918,451 2,766,960 - 494,040 - 15.1% Latch Key Childcare 330,000 221,677 290,700 - 39,300 -11.9% Facility Rental 170,000 174,829 201,850 31,850 18.7% Transient Occupancy Tax 275,000 148,359 267,000 -8,000 -2.9% Billboards Revenue 175,000 120,000 144,000 - 31,000 -17.7% Interest Revenue 125,500 15,357 20,000 - 105,500 -84.1% Various Other Revenues 817,100 421,740 713,230 - 103,870 -12.7% Subtotal 26,134,600 16,015,542 24,424,760 . 1,709,840 -6.5% Transfers In 100,000 1 20,977 1 121,000 1 21,000 21.0% Grand Total 26,234,600 16,036,519 24,545,760 - 1,688,840 -6.4% The following are some of the major revenue sources that are expected to be lower than budget in FY 20092010 (these were discussed in the December 2009 monthly report and during the Mid -Year Review; these have been updated, if necessary): • Property A reduction of about $43,000 is expected in property taxes due to a decrease in receipts by the County. This reduction is in addition to the reduction of $300,000 originally factored in the budget as a result of declining property values. • Sales Tax: Based on data from the State, the trends indicate that the Sales Tax revenue receipts are expected to be lower by $550,000. We only have sales tax receipts for six months or through December 31, 2009. In addition to lower sales tax due to lower consumer spending there was a significant reduction in the Property Tax portion of the Sales Tax (more commonly known as the Triple Flip). • Motor Vehicle Fees: These revenues are expected to be lower by about $268,580 because of County revisions to property tax revenues; the largest Monthly Report: April 2010 Page 4 portion of these revenues are received directly with property tax which are better known as Vehicle License Fees in Lieu of Property Taxes. ® Vehicle Code Fines /Other Police Revenues: As discussed previously, several of the Police Department revenues are coming in lower than budget and the projected shortfall is about $494,000. These include, Jail Fees, Red -Flex Camera revenues, Booking Fees, and COPS AB3229 funds received from the State. Red -Flex camera enforcement systems revenues are lower from several installations; at the current time, the Police Department in conjunction with Finance are analyzing these revenues and continue discussions with Red -Flex. Some of these revenue decreases are also due to changes in behavior patterns of those being cited; people are becoming more careful and it's resulting in fewer citations or in people opting to do community service rather than paying fines. It is anticipated that some of the revenue shortfall will be offset by lower departmental expenditures that resulted from a one time expenditure reallocation of about $482,000 to the Asset Forfeiture Fund. • Interest Revenue: While lower interest rates are good for the consumers and the economy, they are resulting in lower interest revenue for the City. Interest income is expected to be lower by about $105,500 due to significant decreases in the current interest rates (currently at 0.55 %). • Billboard and Transient Occupancy Taxes: Other reductions in revenues are anticipated from lower billboard revenues and a slight reduction in transient occupancy taxes that resulted from a Motel closure because of the Freeway expansion. On a positive note, there a few revenue sources that are expected to be higher than budget in FY 2009 -2010. For example, Construction related revenues are projected to be higher than budget by about $126,950. These revenues include construction permits, building and planning check fees, permit issuance fees, and subdivision fees. The increase would have been higher however subdivision fees are projected to have a decrease of about $82,250, which offset the total revenue increase. This year has been tough and we are hoping that we have reached the bottom; however we are remaining sensitive to the fact that unless the declines in the economy stop and clear signs of revenue growth emerge we must stay cautious. This means monitoring revenues and expenditures together. As noted previously, revenue reductions will be offset by expenditure savings combined with the re- allocation of certain costs to other eligible sources. In addition, departments will continue to identify sources such as grants to possibly offset expenditures that could cover revenue shortfalls, if any, so that the net impact on the current year's budget is zero. Monthly Report; April 2010 Page 5 General Fund Expenditures and Department Trends: It is anticipated that by June 30, 2010, the General Fund expenditures will be lower than budget by $1.51 million. The reason for savings in expenditures is due to various factors, which include; salary savings that resulted from maintaining 15 non sworn vacant positions, lower spending citywide in expenditure categories such as materials and supplies, training and consultants, reallocation of eligible expenditures in certain departments such as police to eligible sources such as Asset seizure to offset the impact of lower revenues, savings from internal charges related to insurance, fleet and information services, and expected decreased transfers out from the General Fund to other subsidized funds. Subsidized funds are anticipated to have lower than anticipated expenditures since several of the vacant positions are also funded in these funds. There will also be savings in internal services funds which will result in a decrease in the amount that needs to be paid internally by the General Fund. In addition, there will be additional savings that will result from reimbursements to the General Fund from the Risk Fund for officers who are injured on duty; internal charges are paid to the Risk Fund on a yearly basis in order to cover these expenditures, however, any adjustments are made at the end of the fiscal year, if needed. The following table shows General Fund expenditures by category as well as department as of February 2010: P±..,......1 C Cvr.snAU-mirna ku, i'_n4nnr%rw 2nnnignin ..... . Cate o Adopted Annual Bud et Expenditures as of A ril 2010 Projected June 30, 2010 Projected vs. Adopted Bud et Personnel 17,892,550 13,884,009 17,370,865 521,685 Maintenance 1,280,300 712,522 1,003,505 276,795 Internal Charges 2,336,400 1,947,057 2,086,400 250,000 Contractual 3,028,900 1,686,767 2,785,617 243,283 Capital 92,300 47,781 67,294 25,006 Total Expenditures... 24,630,4501 18,278,136 23,313,681 1,316,769 Transfers 1,414,900 1 0 1,215,399 199,501 Grand Total 26,045,350 1 18,278,136 24,529,080 1,516,270 As noted above expenditures savings are expected in the various categories. Personnel costs will be lower due to vacancies which will continue to be unfilled until the end of the year. In addition, both maintenance and contractual obligations are continually being reviewed in order to negotiate a better price. Overall the departments are expected to meet their budget. There may be certain line items such as overtime or payments for other unanticipated expenditures or increases, which may be over budget however these increases have been offset by savings in other items. In the Police Department, staff has reviewed the expenditures and allocated eligible salaries and benefits for certain sworn officers to Asset Seizure or other grant funds for time pertaining to or spent in pursuit of activities eligible to be funded from such funds. It is anticipated that by the end of the year, this allocation will be about $482,515 and will be comprised of Monthly Report; April 2010 Page 6 personnel related expenditures. This amount is expected to offset a portion of the $494,040 revenue shortage discuss in the revenue section for the Police Revenues. r_• 1 CranA Gvnnnr iiiirna by nannrfman+ 2nfm2n10 Category Adopted Annual Budget Expenditures as of April 2010 Projected June 30, 2010 Projected vs. Adopted Budget City Council 180,100 134,094 169,497 10,603 Administration 612,550 385,867 507,061 105,490 Human Resources 309,500 201,151 253,266 56,234 Community Development 1,071,000 872,986 1,052,133 18,867 Police 16,820,200 12,317,392 15,635,478 1,184,722 Police -One time transfers to eligible sources in order to offset lower revenues 0 285,022 482,515 482,515 Finance 620,700 526,738 615,872 4,828 Non-Departmental 982,900 718,702 932,166 50,735 Public Works 449,400 285,512 302,280 147,120 Recreation* 3,584,100 2,550,672 3,363,414 220,686 Total Expenditures 24,630,450 18,278,136 23,313,681 1,316,769 Transfers Out* 1,414,900 0 1,215,399 199,501 Grand Total 26,045,350 18,278,136 24,529,080 1,516,270 * The Adopted Budget in this section reflects changes made to the groupings within the General Fund and funds subsidized by the General Fund. The City was expecting higher expenditures due to unanticipated and substantial increases in the animal control contract with the County. The County increased the charges by approximately 200% but the increased costs did not result in new or increased services. The City Council recently approved a new program that realigns animal control services that will be partially offset by program fees; the new program has been incorporated into the upcoming FY 2010/2011 proposed budget. Overall based on current trends, we anticipate the budget to stay balanced once the above recommendations are implemented; this is true despite the anticipated and currently known revenue decreases discussed above. Trends for Other Ci Funds: Other city funds can be categorized into two categories: those supported /subsidized by the General Fund. While any shortfall in these funds must be paid for by the General Fund any savings are retained in these funds for future expenditures. Based on the current projections these funds are within budget and transfers are anticipated to be lower than budgeted because these other funds have lower expenditures and will require a lower subsidy. Monthly Report: April 2010 Page 7 Another set of funds represents restricted funds, where the funds are subject to restrictions for example; Asset seizure, grant funds and funds which have legal or other restrictions. No adverse trends are noted in these funds either. No major adverse trends are noted in these restricted funds. Due to the recent loss of the California Redevelopment Agency (CRA) lawsuit against the State, redevelopment agencies had to pay a total of $2 billion to the County Auditor on May 10, 2010. The payment made by the CDC was $1,790,663 million and was paid from available CDC funds and by suspending the 20% set aside payment to the housing set aside for the current year. This information was provided to the City Council at the May 5, 2010 City Council meeting. Summary As discussed above, the economic downturn, which has impacted the nation has impacted us as well and resulted in lower than anticipated revenues. This year savings in expenditures and transfers as discussed earlier are expected to generate enough savings to offset the impact of lower revenues and maintain a balanced budget without impacting programs and services. However, the condition of the economy continues to be very volatile and any adverse changes in revenues, problems with the State budget and its growing deficit along with efforts by the State and the County to grasp local revenues may cause greater impacts. As we approach the end of the fiscal year, we will continue to closely monitor revenues and expenditures and we will propose additional changes if further significant fluctuations are expected to create adverse impacts on the City's budget. FISCAL IMPACT None RECOMMENDATION Staff recommends that the City Council receive and file the monthly financial report for the period ended April 2010. CITY COUNCIL AGENDA TO: Honorable Mayor and Members of the 77V n FROM: Vijay Singhal, Chief Executive Officer DATE: May 5, 2010 SUBJECT: Resolution 2010 -018 and Letter of Opposition to SB 1070 PURPOSE This report requests that the City Council adopt Resolution No. 2010 -018 and direct staff to send a letter of opposition to SB 1070. DISCUSSION On Friday, April 23, 2010, Arizona Governor Jan Brewer signed into law SB 1070. It is believed that this act of legislation will criminalize undocumented migrant people and workers, resulting in racial profiling by police officers. The law obligates local police to visually determine people's immigration status, demand identification from those deemed "suspicious," and incarcerate those who cannot produce it. It criminalizes day laborers and their employers. The law may potentially lead to a hardening of racial mistrust, fear and harassment of both documented and undocumented people, with numerous consequences for Mexican - American, Latina and Indigenous persons. SB 1070 has already generated widespread criticism, including from U.S. President Barack Obama who called the law "misguided" and promised a federal review of its constitutionality. The Arizona Association of Police Chiefs oppose SB 1070 for the way it could erode trust with potential witnesses, become too costly, and distract officers from doing more serious police work. Other organizations opposing this legislation are the National Day Laborer Organizing Network and the Arizona ACLU. FISCAL IMPACT Although there will be no fiscal impact to the City of Baldwin Park, adoption of this resolution will demonstrate the Council's opposition to this legislation. Resolution No. 2010 -018 and Letter of Opposition to SB 1070 Page 2 RECOMMENDATION Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2010 -008 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENOUNCING ARIZONA'S ANTI - IMMIGRATION LAW, SUSPENDING OFFICIAL TRAVEL TO THE STATE OF ARIZONA AND DIRECTING STAFF TO REFRAIN FROM DOING BUSINESS WITH ANY COMPANY BASED IN ARIZONA UNTIL SB 1070 IS REPEALED" and direct staff to send a letter of opposition to SB 1070. Attachments • Resolution No. 2010 -018 • Letter of Opposition RESOLUTION NO, 2010 -018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENOUNCING ARIZONA'S ANTI - IMMIGRATION LAW, SUSPENDING OFFICIAL TRAVEL TO THE STATE OF ARIZONA AND DIRECTING STAFF TO REFRAIN FROM DOING BUSINESS WITH ANY COMPANY BASED IN ARIZONA UNTIL SB 1070 IS REPEALED WHEREAS, on April 23, 2010, Arizona Governor Jan Brewer signed into law Senate Bill 1070 (Pearce) which is the broadest and strictest immigration measure in decades; and WHEREAS, "Support Our Law Enforcement and Safe Neighborhoods Act," requires police officers at the state, county or city level to question a person about their immigration status if there is "reasonable suspicion" they are in the country illegally; and WHEREAS, This new law makes being in Arizona without proper documentation a crime under State law and also targets those who hire and knowingly transport immigrant day laborers; and WHEREAS, This new law aims to identify, prosecute and deport immigrants who will also face fines of up to $2,500 and up to six months in jail; and WHEREAS, It is believed by many civil libertarians, immigrant- rights groups and opponents that this law will spur racial profiling and harassment; and WHEREAS, President Obama, Latino leaders, MALDEF and the ACLU among others, have criticized this law; and WHEREAS, The City Council prohibits staff from travelling to or through Arizona while on City businesses until SB 1070 is repealed and further directs staff to refrain from doing business with any company based in Arizona, where legally, economically and financially feasible until SB 1070 is repealed, and to terminate, where legally, economically and financially feasible, any current contracts with companies based in Arizona until SB 1070 is repealed; and WHEREAS, With an official ban by the City of Baldwin Park on travel and commerce to and with the State of Arizona, we endeavor to stand in solidarity with all those who seek rational and common sense immigration reform in Arizona and the United States; and WHEREAS, Our actions in support of human rights may give others the courage to follow suit, and by doing so, bring about the revocation of this law towards sensible immigration legislation. Resolution No. 2010 -018 Page 2 NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park hereby denounces Arizona's anti- immigration law, suspends official travel to and commerce with the State of Arizona until the law is revoked. Section 2. The City Clerk is directed to send copies of this resolution to President Barack Obama; Arizona Governor Jan Brewer; Arizona Representative Raul Grijalva and others as deemed appropriate by the Chief Executive Officer. Section 3. That this resolution shall become effective immediately upon passage and adoption. PASSED, ADOPTED AND APPROVED on this day of 12010. Manuel Lozano Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Laura M. Nieto, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution 2010 -018 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council held on , by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Laura M. Nieto, CMC Deputy City Clerk May 20, 2010 The Honorable Jan Brewer Governor of Arizona 1700 West Washington Phoenix, AZ 85007 RE: Opposition to SB 1070 Dear Governor Brewer, In support of those who may be potentially affected by SB 1070, we write to you to express our strong opposition to this legislation. This law holds the false promise to improve the safety and security of the State of Arizona. In actuality, SB 1070 will drive a wedge between local law enforcement and the communities they are sworn to serve and protect while simultaneously doing very little to reduce illegal immigration. Jurisdiction for enforcement of the nation's complex immigration laws has always rested with federal authorities and we strongly believe that the responsibility for policing our borders and implementing immigration laws should remain in their hands. SB 1070 undermines public trust, and may also lead to a hardening of racial mistrust, fear and harassment of both documented and undocumented people. We remain convinced that the best 'way to 'reduce illegal immigration is to enact comprehensive immigration 'reform that balances fairness, compassion and security. SB 1070 does none of this. Rather, it is divisive, counter - productive and engenders tremendous fear. The Baldwin Park City Council has adopted the enclosed resolution denouncing SB 1070 and has suspended official travel to and commerce with your state until such time as this law is revoked. Manuel Lozano Mayor Marlen Garcia Councilmember Sincerely, Ricardo Pacheco Mayor Pro Tern Monica Garcia Susan Rubio Councilmember Councilmember CITY COUNCIL AGENDA TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: May 19, 2010 SUBJECT: AWARD A CONTRACT FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS ON RAMONA A, 1 -605 TO FRANCISQUITO AVENUE, FEDERAL PROJECT NO. ESPL -5323 (018) - FTIP NO.: LAES411 TO SULLY - MILLER CONTRACTING COMPANY IN THE AMOUNT OF $833,411. PURPOSE This report requests that the City Council consider an award of a contract for the construction of the Roadway Rehabilitation of Ramona A — 1 -605 to Francisquito Avenue, Federal Project No. ESPL 5323 (018) — FTIP No.: LAES 411 to Sully - Miller Contracting Company in the amount of $833,411. BACKGROUND On May 5, 2010, this item was placed on the City Council agenda, but was tabled to be later discussed. Since then, staff has provided the City Council with supplementary information shown as Attachment 1. Last year, this City made preparations to ensure the City had shovel ready projects to fully utilize Stimulus funds that the Federal administration was making available under ARRA infrastructure funding. After successfully applying and qualifying for funds, the amount that the City was allocated was approximately $2.4 million. The two projects approved by the Federal highway Administration (FHWA) and Caltrans are the Ramona A and Ramona B improvements as follows: (1) Ramona A - Ramona Boulevard, 1 -605 to Francisquito Avenue, and (2) Ramona B - Ramona Boulevard, Francisquito Avenue to Merced Avenue. This project consists of the (1) Ramona A - 1 -605 to Francisquito Avenue, and includes rehabilitating the roadway pavement on Ramona Boulevard from 1 -605 to Francisquito Avenue. Essentially the work involves repairing concrete improvements and placing a rubberized asphalt concrete overlay. Concrete repairs include replacing damaged curb and gutters, cross - gutters, spandrels, sidewalks, and drive - approaches. Related work Award a Contract for Ramon A Roadway Rehabilitation May 19, 2010 includes repainting traffic stripes and pavement landscaping upgrades and repairs, and planting modification in the medians. Page 2 of 3 markings, performing irrigation and trees and performing hardscape Based on the quantities listed in the Contractor's Bid Proposal, the construction cost was estimated to be in the range of $800,000 to $850,000. On February 17, 2010, the City Council approved the plans and specifications, and authorized staff to advertise the Project for construction bids. Prior to this authorization, Staff had already received notice of funding authorization from FHWA which meant that the City could now proceed. Staff advertised the project by publishing a "Notice Inviting Bids" in accordance with the provisions of the Government Code and in accordance to the Federal Highway Administration (FHWA) requirements. DISCUSSION On April 13, 2010, ten (10) bids were received, opened, and declared publicly. The bid opening minutes is shown in Attachment 2. The competitiveness of the bids is summarized in a table of bids received which is shown in Attachment 3. Staff performed a bids analysis and has determined that the lowest responsive bid was submitted by Sully - Miller Contracting Company in the amount of $833,411. This contractor has recently completed similar roadway improvements for the Cities of West Hollywood, La Mirada and South El Monte. This Contractor has a Class A - General Engineering Contractors' license in good standing with the State Contractors' Board. A background search shows no irregularities regarding this Contractor. The proof of contractor's license is shown in Attachment 4. Sully- Miller Contracting Company will also be encouraged to participate in the City's newly adopted policy which provides incentives to contractors to encourage the hiring of City residents /businesses for City administered construction contracts. Staff will work out the details of this policy with the Contractor to confirm the level of their participation. On April 27, 2010, Caltrans conducted a Pre -Award Audit. This is a necessary step in order to ensure Federal funding. The pre -award audit was successful as there were no findings to correct, and the City was cleared to proceed with contract awards. Upon award of a construction contract, the City will be required to send an award package along with a pre -award audit checklist to Caltrans prior to the start of construction. In addition, the pre -award audit approved the process we used to recommend a construction management consultant. Caltrans has notified us that the deadline to submit an Expenditure Plan is May 20, 2010, or we will loose funding. The Expenditure Plan details how funds will be expended, and we must specify the cash flow timing and to whom payments will be made (who the Contractor is and who the Construction Manager is). Even with an expenditure plan, the City will be required to draw down on funds by June 30, 2010, and Award a Contract for Ramon A Roadway Rehabilitation Page 3 of 3 May 19, 2010 thereafter must complete the project within 90 days thereafter. Staff will have the expenditure plan ready to submit on May 20, 2010. FISCAL IMPACT There is no fiscal impact to the General Fund associated with this project. FHWA has authorized the City to expend up to $950,000 of Federal funds for the construction of this project, including contingencies. Expenditures of authorized Federal funds will be fully reimbursed. The following table summarizes the funding and anticipated project expenditures. The City's and industry standard practice has been to authorize a 10% construction contingency which is used to bridge the gap between actual constructed quantities due to field adjustments and the 'as bid' quantities. This amount would be $83,341. Since there are only $49,469 in contingency from the ARRA FHWA funds, staff recommends authorizing the difference of $33,872 by using the fund balance in TCRF Fund 242. These funds would only be used if absolutely necessary. RECOMMENDATION Staff recommends that the City Council: 1. Award a Construction Contract to Sully - Miller Contracting Company in the amount of $833,411; and 2. Authorize the Mayor to execute the attached agreement, and 3. Authorize the Director of Public Works to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract. ATTACHMENTS 1. Memo regarding Status of Projects Specifications 2. Bid Opening Minutes 3. Summary of Bids Received 4. Proof of State Contractor's License 5. Construction Contract 1 Agreement TO: Honorable Mayor and Members of the City Council P FROM: Edwin "William" Galvez, Director of Public Works } DATE: May 10, 2010 SUBJECT: STATUS OF THE PLANS AND SPECIFICATIONS FOR THE RAMONA A AND THE RAMONA B ROADWAY REHABILITATION PROJECTS PI IPPC) .qF Provide information to the City Council related to the completeness of the plans and specifications for the following proposed projects: (1) Ramona A - Ramona Boulevard, 1 -605 to Francisquito Avenue, and (2) Ramona B - Ramona Boulevard, Francisquito Avenue to Merced Avenue. BACKGROUND In February 2009, this City applied for and successfully obtained an allocation of approximately $2.4 million of ARRA funds for infrastructure improvements. The funds are made available via the Federal Highway Administration (FHWA). The approval process included verification by Caltrans of acceptable plans and specifications. Plans and specifications may be developed many different ways. ❑ Plan drawings at scale with details - This is necessary if the roadway does not exist such as a new roadway, or it is preferred if the agency desires to market the project for additional funding, or if there will be few or no bid itemization (lump sum type bid). Plans that show the roadway that already exists is redundant. ❑ Spec format construction documents - Utilizes reference specifications (no need to reinvent the wheel). This is standard practice to repair and rehab streets where no design changes will be made. Even if there is a drawing which shows where the repairs will be done, the actual repair locations heavily rely on field markings and field adjustments by the owner (City), A Pre -Award Audit was conducted by Caltrans on April 27, 2010. The Pre -Award Audit shows that we followed the proper procedures to bid the project construction and to engage the construction manager. Status of Plans and Specs for Ramona A and Ramona B Page 2 of 4 May 10, 2010 What is a Change Order? A change order is an alteration to the contract where there is a change in scope, or compensation schedule, or time for delivery. ❑ Contractor Requested — Prevalent in excavation work where no one knows what will be uncovered. Not prevalent on repair or roadway rehab work. ❑ City Requested -- This is when the City desires additional repairs to.be done or to expand the scope of the project. ❑ Example — Francisquito Construction. On this project (the plans and specs for Ramona are the same as with Francisquito), change orders were due to a City requested $250,000 (City Council authorized) extra to cover an expanded project scope to perform additional street repairs at other locations and to add traffic safety enhancements. Minor field adjustments to reflect actual constructed quantities as compared to the bid quantities are not a change order, and the cost differential is covered by the project contingency. On the $1.2 million Francisquito project, we made field adjustments totaling only $14,000, or 1.2 %. Bid Items - Bid Quantities v Actual Constructed Quantities Field survey to paper to field markings. A drawing requires a field survey, which is then transferred to paper, which is then field interpreted, which is then field marked, and then finally constructed. The quantities that comprise the bid items are estimated on the paper data, The field conditions at the time of construction typically comprise what is actually repaired. Field adjustments are beneficial when changes have occurred that are not reflected on a plan. The limits for repairing damaged curbs, for example, will change between when the field survey is done and when the field markings are done. Therefore this is not recommended to strictly follow the plan drawings. Field to Finish. This is preferred as long as the estimated quantities are fairly accurate. The limits for repairing damaged curbs, for example, are field marked and then immediately repaired. Payment to the contractor is based on actual quantities constructed, so as long as there are fairly accurate estimated quantities, no change orders are triggered. Plan_ Completeness, Approvals, Reviews, & Bidding 1) The Plans and Specs were stamped and certified by a Registered Civil Engineer. 2) The Plans and Specs were reviewed by Caltrans in March 2009, prior to authorizing funds. 3) The Plans and Specs were evaluated by numerous contractors without generating any questions. Experienced contractors are always quick to point out any ambiguity so as to prevent other contractors from gaining a bidding advantage. 4) The Plans and Specs were reviewed by numerous consultants in preparation of submitting a Construction Management proposal without generating any concerns whatsoever. 5) Caltrans authorized the City to proceed with construction, and to initiate the process of engaging a professional consultant to manage construction. Status of Plans and Specs for Ramona A and Ramona B Page 3 of 4 May 10, 2010 On April 13, 2010, ten (10) bids were received, opened, and declared publicly. Staff performed a bids analysis which shows a very competitive and balanced pricing across all bid items — a sign of tight and well assembled construction documents. Upon approval by the City Council to authorize an award of a Construction Contract and a Construction Management Contract, the City will need to get concurrence of the award by FHWA t4rough Caltrans. Adept Construction Manager An experienced and knowledgeable construction management firm will ensure that the project is delivered per the standards and a full reimbursement. We are recommending engaging a consultant that knows the difference between plan drawings which have fully contained standard plans versus a spec format plan, and also one that is sufficiently experienced and knowledgeable to know the appropriate reference standard plans and specifications to apply on the project, ARRA funds for these projects will not cover design. The projects were submitted for funding consideration in March 2009 using appropriate spec format construction documents. Therefore, we will need a skilled and creative construction manager to ensure a "field to finish" approach. FUNDING Ramona A, 1 -605 to Francisquito Av $950,000 Ramona B, Francisquito Av to Merced Av $1,500,000 Caltrans requires an Expenditure Plan by May 20, 2010 (see Attachment A). This document details how funds will expended, and we must specify the cash flow timing and to whom payments will be made (who the Contractor is and who the Construction Manager is). If we meet this deadline the project will be considered active. In addition, we will be required to draw down on funds by June 30, 2010, and if so, we will be given 90 days to complete the project. Anything outside of the above will trigger de- obligation of funds which means we loose the funds and there are no appeals allowed and no chance of funds recovery. Status of Plans and Specs for Ramona A and Ramona B Page 4 of 4 May 10, 2010 OPTIONS The City Council has the following options to consider: A. Staff Recommended Option Award both Construction Contracts and both CM Contracts by 05 -19 -2010. Staff must submit and Expenditure Plan by 05 -20 -2010, and then the projects will become active. We must invoice Caltrans by June 30, 2010 for reimbursements of expenditures. We must complete the project within 90 days of June 30, 2010. Pros: Allows full use of Federal ARRA funds up to $2.45 Million Projects would be initiated in June 2010 and completed by September 2010 Cons: None. Change orders are not prevalent on street rehab type projects. The only cost increases would be due to City directed extra work resulting from more quantities constructed compared to the estimated as -bid quantities. B. Rebid Option The project is already designed, so a redesign could involve an enhanced drawing which would include copying applicable reference standards and placing them on one set of plans. Fast tracking of this could be done in four weeks at a cost of about 1 % or $25,000. Pros: We would have an elegant plan that would be fully contained, Cons: Loss of $2.4 million of ARRA funds, with no chance of recovery. The cost of plan drawings is not included. If an optional source of funds is made available to construct, the project would nevertheless be delayed, The timeline would be one month to draw, two months to advertise, one month to award and pre - construction. Construction could begin October 2010, but would not be completed until after the Christmas holidays. The questions in Attachment B were recently brought to staff's attention. The answers are provided as Attachment C. ATACHMENTS A. Caltrans Letter advising Potential Loss of Federal Funds B. Question regarding Specifications C. Answers to Questions Attachment A s1n��. <r. �3.Jrs�� i . —�atsf rs�_z�tnaronrnriru � n_1us� ur.A(,evc)� iwfix F,Ec;r,f'K.Onvemni i ll♦ PARTMI NT OF'i'RANSPOIE FAI'ION DIVIS)ON 01" LOCAL, ASSISTANCE -- M.S. 1 1 120 N STREET P. 0, DOX 942974 SACIt�MLKTO, CA 94274 -0001 PHONE (9) 6) 653 -1776 FNX ((J16)654-2409 7"rY 711 May'), 2010 Metropolitan Planning Organizations Regional Transportation Planning Agencies City and County Public Works Directors LT; 4 ilex voirr power? He energy efficient? Potential Loss of Federal Funds -- Quarterly Review of Inactive Obligations -- Quarter Ending March 31, 2010 Dear Director: The California Department of Transportation (C altrans) has started the quatlerly review process of inactive obligations for the period from January 1., 2010, to .March 31, 201.0, as required under 23 Code of federal Regulations (CFR) 630.106. The list ofseurrent inactive obligations is available for review on the Division of I..ocal Assistance (DLA) Web site. A summary of the inactive obligations (inactive projects) listed by local agency is enclosed for your reference, To prevent the deobligation and potential loss of unexpended _federal funds for inactive projects with an unexpended balance greater than one dollar, local agencies must do one of the following: I . Submit a complete and correct invoice for eligible expenditures to the District Local Assistance Engineer (DLAE) by May 20, 2010, Simultaneously, submit advance electronic copies (for info.rrnation only) without the detailed back up documents to chiisJensc,n dot.ca.gov and balraj.sandhu @3dot.ca.gov. Do not submit invoices directly to LPA. 2. Identify unneeded project funds and submit a formal deobligation request to the DLAE by May 20, 2010, then initiate project closeout. Submit a completed justification form (available on DLA Web site) along with all backup documentation to the DLAE by May 20, 2010. "C'uh anx improves mo6if¢iv across C'nlif0r11ic." Metropolitan Planning Organizations ct al, May 3, 2010 Pagc 2 In addition, federal Highway Administration (FHWA) bas implemented the following: 1. I~1-TWA will only consider justifications in the following categories: ® right of way delay ® final invoice submittal � litigation * envirotunentad delays 6 program funding issues SHWA will direct Caltrans to deobligate unexpended federal funds for any inactive projects that do not have a valid financial transaction, valid invoice, or approved justification, 3. Caltrans will complete the denbligation of unexpended federal funds within 90 days after the review period. For the current review period, the deobligation of federal funds must be completed by June 30, 2010. Justifications for inactive projects with less than orie dollar remaining balance will be reviewed separately on a case by case basis. Agencies are encouraged to identify their projects in this status and do one of the following: (a) Complete the project closeout documents with enclosures, as per 23 CFR, and submit the complete package to the DLAE by May 20, 2010. Simultaneously, submit advance electronic copies (for information only) without detailed backup documents to cbris,'enseti@dot.ca;gov and balraj.sandhu(crJ7dot.ca . gov. Contact the DLAE for any assistance and guidance you may need to Complete this package. Do not submit project closeout docamen.t package directly to Local Programs Accounting; (LPA). (b) Submit a cornpleted justification form to the DLAE by May 20, 2010, explaining; in detail why the project should not be. imn)ediately closed o u and when the project is expected to proceed. If project is complete and close out package is in preparation, include backup documents and anticipated date of submission to DLAE. In addition, three and six -month :Look Ahead Reports (Reports) arc also available on the DLA Web site. The Reports include projects that will become inactive if an invoice has not been processed and a federal financial transaction has not occurred before JUDG 30, 2010, and September 30, 2010, respectively. In the past, these Reports provide an opportunity for agencies to be proactive in preventing; projects from, becoming inactive and the potential loss of federal funds. In an effort to .rnimmize inactive obligations to the maximum extent possible, FHWA is moving towards a proactive approach. FHWA has proposed to deobligttte projects three days prior to the month in which they would have become inactive. Local Agencies are strongly encouraged to submit invoices for projects on the Reports also. °Colfruns improvec mnhilih across Cal (orruu " Metropolitan Planning Organizations et al. May 3, 2010 P'jgc 3 If you have any questions regarding the quarterly reviow process, please contact your DLAL. Sincerely.; DFNIX D. ANBIAH Chief Division of Local Assistance Enclosures c: Local Assistance Deputy District Directors, Caltrans DLAEs, Caltrans "Crallral's wVWOve< mohilimncruc,s Calii+krnia" >b Q) > tff U, 0 a a, 0 (D LL (3) F g, M.- 1C) N 0 IEN W 0 I LL r� m 0 CD i I C) . - e -.p -.,z -.� 'I n C, C� 12 �2 �2 1 i 0 cj Q I 010 co 1. CY) rl CN U) tr 0 Lr> 0 0 LL =1 LL m 0 C� C� C� m, c� c, C� C;� m c. 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O € m; j `r to i (p ?4 E� E o r- 1� j Irk col, m ].,m t o d �r UO' fQ to (L1 �,j rn N ni O? w r N] 'n'o -I: d I o O Q 4 �. °. '6 Gl Q o O o o oo jCp d c -- E f!7 O M O O h n +7' co w m .O 0 to f") �y. t[j O d i r I N p O- N M. [O . 'm <" �y O V i C? !O N h 6 O) N C7) p C> o O m LD O Cl V- 00 �. d H3 G ifi Fl.i) 69 [p p �j N3 CO CU tD h iM. p Lfl N - O) tT N p 64 O.. h p1 � C)1. if) CV M ]c. [o C3? !t-. O CD n 4 v cp >1 61, u?.t {` n u °0hmc} �u)ann F r- N, a co vQDmco C�) w SO � (n i E� {fi 64 G.i i bN4 GO I 1 T' C a d fD CV EC? h a O ]'V c!j p d 0 L7 0 0 (� o CJ O 4 [] 4 C7 i�5 S- b C? C). Q O N Q C7 N o C) `j f 4 6 CD O i {o d 4 O Q O O o C3 �" A,d' p Q V' O n }M O N. �- ft CO �'7 N j E O Cl o N tl�6 61 CD c, N @ •.. 4) Iti r M ,d. co. m pp 0) M N CV C6 Vp.. I`' [D O m v) N: 1i7 M D) O C co C7 n tD CV' 'tD t-� kI). N m C1) . CT; Cp - C1) ED - � 4 CV n M [77 i 4) m A O d O to m n 'tl' N :D o h Cn N d N- fH N t. n 4N4I h Ni F 69 !. cq Vs j cn A EA �' bs I11 vi trr M 6v fA cfl n tl' V CO E» 69. N c�3 € M E yr uy tf) is <f v3 LO Ftr' - ifs fiJ jj �. j I t!3 jj 1 i j i C ik p � r i I A e-- Er- M ,- r !N '<- �» N CV .-' V � � N N r r• � N .-- r EE r N r [h ;r i i(r» N ?.- N �- ] E i i I C ] i 0 0 ] I (C @ a i En I P y� d) . C� � 2) !~ O U�N 1 II U C ICi R@ O l t]. 3 p i I a' ! Ctl i O i> 7 A a I v b U y C .0 T @ I(p � d7 C 0� C Z] H f'3 @} D E. C' �-IcI� N u N �� o]Ujj�I;•- �� {� � m 7i v v u0i o -En o,1ti4 q o asO Oj[jm �N ra ro -;O IC9 �V �Nn P U` �' N O�� @ Ito J.J €t4 I-i @ J fU E J�;_,5 ib ,.J ib 4 ,J T :A @� IL U) 4=`c ci O s U y O f 030 ] O ] (6 Z m 0 N 0) m CL Attachment B For this sire of a project, a complete set of plans is the standard practice. Time of completion has not been indicated in the specifications Sequencing of work has not specified (can the contractor grind the entire project before starting to pave? Is the contractor expected to grind a portion, pave and then move to grind and pave subsequent sections? This will have a great impact on contractor's pricing and level of convenience for the motorists. Project documents is silent on the issue of length time would be allowed between grinding and paving. This can become a major issue particularly along Ramona which is a major arterial.. Business owners will a be impacted. There are a number of items in the plans and specs which require amendment correction: d The specified thickness for grinding is 2'% inches however, the total thickness of the new pavement would be 2 % inches, This will be a change order for the grinding item. Specifications indicate a "minimum" 6 inch thick crushed aggregate base under concrete pavement. Is there a maximum? Flow thick of a base is the contactor expected to huild? m Does the new concrete pavement get doweled into the existing adjacent concrete pavement? if so, what is the specification? Does replacement of the driveway approach (being paid on per, square foot basis) include replacement of curb and gutter and adjacent pavement? If so, hove will the contractor be compensated for them? a When does the 12 month period for maintenance of landscaping begin? Specification call for repair of the sewer line for a length of "at least" 30 feet? What is the maximum length? Since compensation for this item': is per each (for a 30 feet length), additional lengths of pipe to be replaced will be change ordered. It appears that the quantity of item no. 14 4ARHM) pavement is off. a The specl#ications indicate a $10,000 allowance for design of a new entry marker. is this allowance included in the bid item allowance? 01 The itern for replacement of traffic markings etc. is LS however, the supplied sketch or specifications do not indicate how many of each item (arrows, cross walks, stop bars...) Difficult to estimate and potential change order ( either indicate how many of each or in the specifications, or show them on the plan). R Vehicle Detector cameras and loop detectors? Generally, the owner will not get full value when allowances for items of work are made rather than plans and specifications clearly and completely describe the desired item of work. This method of compensation will create a high probability for change order claims. Attachment C Answer Key For this project, a complete set of drawings is not required. There is a difference between repair work and new construction, New construction requires plan & profile design drawings to define horizontal and vertical alignments of roadway improvements. Repair or rehab work only replaces existing damaged improvements. The existing street design is being preserved. Drawings for these projects, although elegant, would be redundant. The size of the project is irrelevant. More curb or less curb repairs do p not define the need to produce a drawing. The time for completion of the construction is indicated in the 'Notice Inviting Bids' (this is the document that is advertised in the newspaper and which also placed in construction trade magazines), in the `Bidders Proposal' which is the form that contractors fill out to submit their bids (so it can't be missed), and is pre- inserted in the Construction Contract which is included in the advertised bid documents. The time is specified as 60 working days. Sequencing of a project is typically warranted by the owner (City) when access to certain facilities is vital to health and welfare, such as closing a street in front of a fire station or police department. A job size like our Ramona projects are done with minimal sequencing such as how the Francisquito improvements were done. The cold milling (grinding) will be followed by a leveling course, which will render the roadway smooth and driveable. This is the cheapest manner of doing construction so sequencing is not an issue and therefore not needed to be specified (standard sequencing versus special sequencing). The time between cold milling and leveling course is set by the Owner via the Construction Manager at the preconstruction meeting. The shorter the time, the more cost effective to the contractor due to less clean up and less claims. This is also advantageous to the City, so this becomes a self governing issue. The City anticipates no more than one day between the end of cold milling and the leveling course, just like on Francisquito. Moreover, this issue is not a design issue, rather it is a constructability and accommodation issue to be dealt with by the CM, which is why we want a skilled and experience CM. Answers to bulleted items: • Cold milling thickness is correct at 2 1/2 inches. The overlay at 2 3/ will ensure a 1/4 inch lip at the gutter so water runoff can get off the roadway and into the gutters. This is standard practice. No change order. • Specifications indicate a minimum 6 inches of base material (CAB) under concrete. CAB is included in the concrete pricing, therefore the contractor does not get paid for anything placed greater than 6 inches. If more than 6 inches is used, it makes the concrete even stronger and more durable. CAB is not a pay item. No change order. • Yes, tie -bars are required as called for in the specifications, standard plan 134 -1. No change order. • Driveway Approach repairs are separate and not related to Curb and Gutter repairs, These two improvements are separate pay items. The specifications indicate the Driveway Approach is 6 inches thick and does not require CAB, while the Curb and Gutter does require 6 inches of CAB. These two improvements are not monolithic, and due to the CAB requirement under the Curb and Gutter, cannot be concurrently formed with the Driveway Approach, and therefore should not be concurrently constructed. • The 12 month landscape maintenance period begins after the project has been accepted by the City Council as indicated in Specifications Section 308 -6 Maintenance and Plant Establishment. • The specifications call for replacement of damaged 15 inch reinforced concrete storm drain pipe. The 30 feet is the estimated replacement length. The bid item description calls for a per foot price in case it is longer than 30 feet (the bid is $200 per foot). This is simply a field adjustment of a minor bid item and is not eligible for change order. • Asphalt Rubber Hot Mix tonnage is reconfirmed. The amount bid has been rounded up so the actual constructed amount does not exceed the budget. This is a prudent approach, the same as Francisquito. • The Specifications indicate that $10,000 is included in the overall $50,000. The monument may be designed by a consultant of our choice. • Traffic markings design is not changing. A shop drawing by the contractor is sufficient. There is no change order as it is a lump sum item, and the very definition of lump sum provides for no change orders. The roadway is videotaped ahead of the construction to guarantee replacement of all traffic striping and markings. • Vehicle detector loops will be installed. A bid alternate was provided in case bids came in lower than anticipated, in which case the City could instead install vehicle detector cameras, and a credit would be made for the loops. This is a moot point since there are not sufficient funds for any alternates. Allowances can go both ways. If the City and Contractor cannot agree on a price for certain items (like the monument), the work may proceed under protest. Our City Inspector would then measure the time and material, and payment to the contractor would be based on established prevailing labor rates. This approach would be beneficial if our monument designer (consultant) is confident in its design. Attachment 2 BID OPENING ROADWAY REHABILITATION RAMONA BOULEVARD - BETWEEN INTERSTATE 605 & FRANCISQUITO AVENUE IN THE CITY OF BALDWIN PARK Federal Project No.: ESPL -5323 (018) FTIP No.: LAES411 Sealed Bids Open at 10:00 AM on April 13, 2010 Where: City of Baldwin Park City Hall, 2nd Floor Department of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 Last Bid Received at: t $ PA City announced bids were no longer being accepted at: Bids opened by: sCA, 0 C Ovhvc -.-- 1 tt it Bids read by: r \"Y-, 1,11Uvv,, (:I AV' e- -Z- _ Minutes taken by: Bid No. Contractor Total Bid Amount 0 9 i Y1 1 yr fi] $ S Lip) 00 vfv'\ N\ 6 �A r_- $ (AI-1 1 , S-6 t , GI-1 Signature _ ,,II Ito - Date GAI70 Projectsl2 C Num- Title=09 -005 Ramona A -B Sfimu1usl3B1dAward\Ramona A - Bid Opening Minutes.doc Bid No, Contractor Total Bid Amount �� 3� C. � c��i ti v r c� CCU -n $ q 4`6 `�61; 0 C 011CPI O-O Q1 �P Signature Date GA170 Projedsl2 C Num- TitM2009 -005 Ramona A -B Sfimu)usl3BWAward\Ramona A - BW Opening Minutes.doc Attachment 3 Ramona A - Summary of Bids Received Rank Contractor Total Bid 1 Sully Miller Contracting $833,411.00 2 All American Asphalt $867,647.50 3 ICE Engineering $886,178.00 4 Gentry Brothers $917,518.00 5 Excel Paving Company $928,029.00 6 Elite Bobcat Service $937,835.00 7 Sequel Contractors $964,696.00 8 MG Construction $971,881.64 9 EC Construction $1,076,262.02 10 llmperial Paving $1,145,961.00 GAI70 ProjectO C Num- Title12009 -005 Ramona A -B Stitnulus13BidA%vardlRamona A - BidAnalysisMdRcsults Attachment 4 Mill's 7-jepar men'' o'Constitner Aff V O racto GOV Contrs State LicenseBoard Contractor's License Detail License # 747612 License Number: 747612 Extract Date: 04/28/2010 SULLY - MILLER CONTRACTING COMPANY Business Information: 135 S STATE COLLAGE BLVD 4 FL BREA, CA 92821 Business Phone Number: (714) 578-9600 Entity: Corporation Issue Date: 03/3011998 Expire Date, 03131/2012 License Status: This license is current and active. All information below should be reviewed. Effective Date: 01/0112007 Contractor's Bonding H djiLig!y Bonding: .. . ... . .. ... ... ........ ....... 1. This license filed Bond of Qualifying Individual number 014049819 for DAVID LEROY MARTINEZ in the amount of $12,600 with the bonding company LIRE-R-TY MUTUAL INSURANCE COMPANY. Effective Onto: 05/01/2010 This license has workers compensation insurance with the LIBERTY MUTUAL INSURANCE -COMPANY Policy Number: WC7631004125650 Workers' Compensation: Effective Date: 04/0112010 Expire Date: 04/0112011 VV kers'Compemotion �,o . ...... 1.y Personnel listed on this license (current or disassociated) are listed on other licenses. Conditions of Use I PV-Ka--Y—Do LIPY Copyright@ 2010 State of California Attachment 5 SECTION D. CONTRACT ROADWAY REHABILITATION RAMONA BOULEVARD - BETWEEN INTERSTATE 605 & FRANCISQUITO AVENUE IN THE CITY OF BALDWIN PARK Federal Project No.: ESPL -5323 (018) FTIP No.: LAES411 AGREEMENT THIS AGREEMENT, made and entered into this 19th day of May , 2010 , by and between CITY OF BALDWIN PARK, CALIFORNIA, a general law city, hereinafter referred to as "CITY" and SULLY - MILLER CONTRACTING COMPANY "CONTRACTOR." WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. The complete Construction Contract 1 Agreement consists of the Contract Documents set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Special Provisions. 2. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: ROADWAY REHABILITATION OF RAMONA BOULEVARD - BETWEEN INTERSTATE 605 & FRANCISQUITO AVENUE (the "Work of Improvement ") all in accordance with the Contract Documents and Contractor's Proposal dated April 13,2010 CONTRACTOR agrees to perform all the work and furnish all the materials at his own cost and expense necessary to construct and complete in a good and workman -like manner and to the satisfaction of the City Engineer of the CITY, the Work of Improvement in accordance with the plans, specifications, and Contract Documents (the "Specifications ") therefore prepared by City's Engineering Department and adopted by the City Council. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for this Work of Improvement the stipulated sum of eight hundred thirty -three thousand four hundred eleven and 01100 Dollars ($833,411.00) which is based on performing all work related to all of the bid quantities shown on Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. CITY agrees to make monthly payments and final payment in accordance with the method set forth in the Specifications. D.1 Agreement - Ramona Blvd, 1 605 - Francisquito Ave in the City of Baldwin Park Federal Project No.: ESPL 5323 (018), FTIP No, LAES411 4. CONTRACTOR agrees to commence construction of the Work of Improvement within ten (10) days after issuance of a Notice To Proceed, and to continue in a diligent and workman- like manner without interruption, and to complete the construction thereof within sixty — (60) - working days (also specified in the Contractor's Bid Proposal) from the commencement date stated in the Notice to Proceed. 5. Time is of essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the CITY will sustain by reason of any delay in the performance of this Agreement. It is, therefore, agreed that CONTRACTOR will pay as liquidated damages to the CITY the following sum: Five Hundred Dollars ($500.00) for each day's delay beyond the time herein prescribed for finishing work as further detailed in Section 6 -9 of the Specifications. If liquidated damages are not paid, as designated by the CITY, the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under this Agreement in addition to any other remedy available to CITY. The CONTRACTOR shall not be assessed liquidated damages for any delay caused by the failure of a public utility to relocate or remove an existing utility required for the performance of this Contract. 6. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the work of improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work. Travel and subsistence pay shall be paid in accordance with Labor Code Section 1773.8. The CONTRACTOR shall forfeit to the CITY, as penalty, Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by him or any subcontractors under him) less than the prevailing rate described above on the work provided for in this Agreement, all in accordance with Section 1775 of the Labor Code of the State of California. CONTRACTOR, by executing this Agreement, hereby certifies that it shall adopt the current general prevailing Federal and/or State rates of wages applicable to the Work of Improvement. Contractor understands this is a federally assisted construction project and Federal Labor Standards, including Davis -Bacon Act requirements, will be enforced. Contractor acknowledges that if Federal and State wage rates are applicable, then the higher of the two will prevail. 7. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours in a day from any person employed by him hereunder, except as provided in the Labor Code of the State of California. The CONTRACTOR shall adhere to Article 3, Chapter 1, Part 7 (Sections 1810, et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the CITY as a penalty the sum of Fifty Dollars ($50.00) for each worker employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in violation of that article. 8. CONTRACTOR, by executing this Agreement hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." M9 Agreement - Ramona Blvd, 1 605 - Francisquito Ave in the City of Baldwin Park Federal Project No.: ESPL 5323 (018), FTIP No. LAES411 9. CONTRACTOR shall, prior to the execution of this Contract, furnish two bonds approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work, and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten percent of the final contract price or $1,000, whichever is greater. IN WITNESS WHEREOF, the said CONTRACTOR and the CITY MANAGER and CITY CLERK of the CITY have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written. ATTEST: CITY CLERK D.3 CONTRACTOR BY (Title) BY CITY OF BALDWIN PARK Manuel Lozano, MAYOR APPROVED AS TO FORM: CITY ATTORNEY Agreement - Ramona Blvd, 1 605 - Francisquito Ave in the City of Baldwin Park Federal Project No.: ESPL 5323 (018), FTIP No. LAES411 EXHIBIT "A" ROADWAY REHABILITATION RAMONA BOULEVARD - BETWEEN INTERSTATE 605 & FRANCISQUITO AVENUE IN THE CITY OF BALDWIN PARK Federal Project No.: ESPL -5323 (018) FTIP No.: LAES411 NOTICE INVITING SEALED BIDS INSTRUCTIONS TO BIDDERS & INFORMATION FOR BIDDERS BIDDER'S PROPOSAL CONTRACT/AGREEMENT SPECIFICATIONS DOCUMENTS IN THE APPENDIX MODIFICATIONS AND AMENDMENTS THERETO D.4 CITY COUNCIL AGENDA TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: May 19, 2010 SUBJECT: AWARD A CONTRACT FOR CONSTRUCTION MANAGEMENT OF THE RAMONA A — 1 605 TO FRANCISQUITO ROADWAY REHABILITATION, FEDERAL PROJECT NO. ESPL -5323 (018) - FTIP NO.: LAES411 TO CIVILSOURCE, INC. IN AN AMOUNT NOT TO EXCEED $67,120 PURPOSE This report requests that City Council consider an award of a contract to Civilsource, Inc. in the amount of $67,120 to perform turn -key Construction Management of the Ramona A — 1 605 to Francisquito Roadway Rehabilitation, Federal Project No. ESPL- 5323 (018) — FTIP No.: LAES 411. BACKGROUND On May 5, 2010, this item was placed on the City Council agenda, but was tabled to be later discussed. Since then, staff has provided the City Council with supplementary information shown as Attachment 1. Last year, this City made preparations to ensure the City had shovel ready projects to fully utilize Stimulus funds that the Federal Highway Administration (FHWA) was making available under ARRA infrastructure funding. After successfully applying and qualifying for funds, the amount allocated to the City is approximately $2.4 million. The two projects approved by the FHWA and Caltrans are the Ramona A and Ramona B improvements as follows: (1) Ramona A - Ramona Boulevard, 1 -605 to Francisquito Avenue, and (2) Ramona B - Ramona Boulevard, Francisquito Avenue to Merced Avenue. These two projects are separate and cannot be commingled, and each has its own funding package. Ramona A has funding totaling $950,000 at a 100% funding formula which means that no matching funds are necessary and all $950,000 is available for the construction and construction management of this project. Ramona B has funding totaling $1.5 million also for construction and construction management, but requires a $70,000 local match. This report is for the construction management of the Ramona A improvements only. Award Construction Management for Ramona A Improvements Page 2 of 5 May 19, 2010 DISCUSSION Caltrans and Staff have reviewed the plans, specifications, and estimate for the Ramona A Improvements, and Caltrans authorized the City to proceed with construction, and to initiate the process of engaging a professional consultant to manage construction. On February 17, 2010, the City Council authorized staff to advertise the project for construction bids. In order to control construction and ensure project delivery within budget, on time, and at high quality expectations, staff followed the federal guidelines to select a consultant to perform construction management. Strict adherence to federal guidelines will ensure that the cost of the consultant services will be reimbursed, but more importantly, the City must ensure that the construction contractor adhere many strict federal documentation requirements. The turn key construction management services will also provide files management in a specified formatting standard. Having an experienced and knowledgeable construction management firm will ensure that the project is delivered per the City's expectations, but also that the City is reimbursed to the maximum amount allowed. Because the projects were submitted for funding consideration with very little time to fully develop precise plans, a creative construction manager is very important to ensure that the City's vision is implemented on the aesthetic project elements that were not designed, but that are expected to be completed. These include the entry monument adjacent to the 1 -605, hardscape, and landscape improvements that are essentially design -build component of the overall project. This is in addition to providing detailed technical oversight so that all necessary street repairs are addressed prior to paving operations. Construction Manager (CM) Selection Audit on the selection of the CM The construction bidding and the CM selection process was audited by Caltrans on April 27, 2010. Caltrans approved our method of selecting a CM, and there were no audit findings on our process which means we are on track with following strict guidelines and keeping proper documentation. Another round of audits will be performed during construction by FHWA. Federal Requirements on Selecting a_ CM In order to engage a consultant, the City must advertise the RFP with: • Desired scope • Identification of the selection process • Indication how the proposals will be rated (Proposal rating Criteria / Form) - Appropriate selection procedure is the Caltrans 1 Federal Guideline "One Step RFP, followed by Interviews /Presentation. - Proposal Rating is the Caltrans /Federal recommended FORM and the rating criteria as spelled out on the FORM - Final selection may not involve consideration of cost. Award Construction Management for Ramona A Improvements Page 3 of 5 May 19, 2010 Once final selection was determined, then scope of work and cost was negotiated to a fair and reasonable level. A reasonable level is subjective, but generally involves looking at other top proposals to consider scope and cost. The body of proposals defines a frame in terms of scope, man -hour effort, and cost. From the Caltrans and FHWA auditors perspective, reasonable does not include negotiating to a lowest cost; rather it focuses on ensuring the best scope is obtained at a reasonable cost for those services. That cost could be the average cost of the top proposals. Findings resulting from Caltrans and Federal audits have no leniency, and therefore they recommend engaging the best services to give local agencies the best chance for full project delivery and full reimbursement. Attachment 2 details the process that we followed to select the CM. The technical merits of the written proposals were contained by most if not all proposers. However, it was the firm's creativity that set the shortlisted proposals apart from a standard approach. After the written proposals were rated, the following four firms were shortlisted and invited to an interview /presentation (listed in no particular order). PBS &J Transtech Civil Source Willdan The presentation format was established to include: Introduction / Presentation of firm Introduction of proposed team Firm's approach to the project Brief overview of the scope of services Both committees met just prior to the Interviews 1 Presentations and agreed to ask the following questions: 1. What service do you bring to the City of Baldwin Park which characterizes your firm? 2. How will you ensure that the improvements to be constructed are to the satisfaction of the City given that some improvement elements do not have a design to follow? a. Landscaping, irrigation, planting b. Tree locations c. Monument 3. What would you say is the most creative aspect that your team brings to the City? 4. Please explain your procedures to assure federal compliance of DBE requirements. 5. How does your firm plan on minimizing disruption to residents and businesses along the project? Award Construction Management for Ramona A Improvements Page 4 of 5 May 19, 2010 After presentations and committee discussion, each Committee member scored all four firm's presentations. The score from the proposal (50 %) and from the interview (50 %) were combined giving the rankings below: Ramona A Committee: 1 - CivilSource 2 - PBSU 3 - Willdan 4 - Transtech The committee chair discussed with both committees the possibility of reaching unanimity of a single top consultant to perform on both projects. This option was discussed, however, in light of Committee B not identifying a single top consultant, further discussion to select a single firm for two committee's was abandoned. The committee chair stressed that fees would only be used to frame the scope and cost of services, so as to help right -size scope and fees. The following is a summary of the cost proposals of the top four firms (in no particular order): Ramona A Total Proposed Hours Contract Hours Total Amount Civil Source 747 797 $67,120 PBSW 1150 $127,938 Willdan 1045 $101,740 Transtech 1101 $141,065 Committee A was satisfied with the cost proposal from CivilSource. The number of effort hours was somewhat lower that the overall average (853), and was the lowest effort from the top four proposals, but the effort could still be enhanced in areas where landscaping and monument challenges could be needed during construction. Committee discussions suggested that 40 hours could be added to ensure landscape architectural support of beautification elements of the project. In negotiations with Civilsource on the project scope and cost, Civilsource included landscape services and added 50 hours to their effort. Staff is recommending an agreement with Civilsource which now includes 797 hours at the same proposed cost. The possibility of engaging Civilsource, Inc. prompted staff to review the firm's background and official standing. This firm is officially recognized as indicated in the Article of Incorporation as shown in Attachment 3. A reference check of their work reveals this firm has performed well, and a computer internet search found nothing negative about this firm as shown in Attachment 4. Tentative Proiect Schedule Award Construction Contract ... .................................................. 05 -19 -2010 Preconstruction Meeting ................... ......................................... 05 -27 -2010 Begin Construction ........................................... ..........................06 -07 -2010 Complete Construction ..................................... ..........................08 -27 -2010 Award Construction Management for Ramona A Improvements Page 5 of 5 May 19, 2010 Caltrans has notified us that the deadline to submit an Expenditure Plan is May 20, 2010, or we will loose funding. The Expenditure Plan details how funds will expended, and we must specify the cash flow timing and to whom payments will be made (who the Contractor is and who the Construction Manager is). Even with an expenditure plan, the City will be required to draw down on funds by June 30, 2010, and thereafter must complete the project within 90 days thereafter. Staff will have the expenditure plan ready to submit on May 20, 2010. The following table summarizes the funds available and anticipated expenditures: *Unused funds from CM may be used for construction. FISCAL IMPACT There is no impact on the General Fund. This project is 100% reimbursable for both construction and construction management up to the combined funding limit stated in the table above. RECOMMENDATION Staff recommends that the City Council award a Construction Management Contract to Civilsource, Inc. in the amount not to exceed $67,120 and authorize the Mayor to execute the attached agreement as shown in Attachment 5. ATTACHMENTS 1 Memo regarding Status of Projects Specifications 2 Consultant Selection Details 3 Articles of Incorporation 4 Google Search 5 Consultant Services Agreement TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: May 10, 2010 SUBJECT: STATUS OF THE PLANS AND SPECIFICATIONS FOR THE RAMONA A AND THE RAMONA B ROADWAY REHABILITATION PROJECTS PURPOSE Provide information to the City Council related to the completeness of the plans and specifications for the following proposed projects: (1) Ramona A - Ramona Boulevard, 1 -605 to Francisquito Avenue, and (2) Ramona B - Ramona Boulevard, Francisquito Avenue to Merced Avenue. BACKGROUND In February 2009, this City applied for and successfully obtained an allocation of approximately $2.4 million of ARRA funds for infrastructure improvements. The funds are made available via the Federal Highway Administration (FHWA). The approval process included verification by Caltrans of acceptable plans and specifications. Plans and specifications may be developed many different ways. ❑ Plan drawings at scale with details — This is necessary if the roadway does not exist such as a new roadway, or it is preferred if the agency desires to market the project for additional funding, or if there will be few or no bid itemization (lump sum type bid). Plans that show the roadway that already exists is redundant. ❑ Spec format construction documents — Utilizes reference specifications (no need to reinvent the wheel). This is standard practice to repair and rehab streets where no design changes will be made. Even if there is a drawing which shows where the repairs will be done, the actual repair locations heavily rely on field markings and field adjustments by the owner (City). A Pre -Award Audit was conducted by Caltrans on April 27, 2010. The Pre -Award Audit shows that we followed the proper procedures to bid the project construction and to engage the construction manager. 6 Status of Plans and Specs for Ramona A and Ramona B Page 2 of 4 May 10, 2010 What is a Change Order? A change order is an alteration to the contract where there is a change in scope, or compensation schedule, or time for delivery. ❑ Contractor Requested — Prevalent in excavation work where no one knows what will be uncovered. Not prevalent on repair or roadway rehab work. • City Requested — This is when the City desires additional repairs to be done or to expand the scope of the project. • Example — Francisquito Construction. On this project (the plans and specs for Ramona are the same as with Francisquito), change orders were due to a City requested $250,000 (City Council authorized) extra to cover an expanded project scope to perform additional street repairs at other locations and to add traffic safety enhancements. Minor field adjustments to reflect actual constructed quantities as compared to the bid quantities are not a change order, and the cost differential is covered by the project contingency. On the $1.2 million Francisquito project, we made field adjustments totaling only $14,000, or 1.2 %. Bid Items - Bid Quantities v Actual Constructed Quantities Field survey to paper to field markings. A drawing requires a field survey, which is then transferred to paper, which is then field interpreted, which is then field marked, and then finally constructed. The quantities that comprise the bid items are estimated on the paper data. The field conditions at the time of construction typically comprise what is actually repaired. Field adjustments are beneficial when changes have occurred that are not reflected on a plan. The limits for repairing damaged curbs, for example, will change between when the field survey is done and when the field markings are done. Therefore this is not recommended to strictly follow the plan drawings. Field to Finish. This is preferred as long as the estimated quantities are fairly accurate. The limits for repairing damaged curbs, for example, are field marked and then immediately repaired. Payment to the contractor is based on actual quantities constructed, so as long as there are fairly accurate estimated quantities, no change orders are triggered. Plan Completeness, Approvals, Reviews & Bidding 1) The Plans and Specs were stamped and certified by a Registered Civil Engineer. 2) The Plans and Specs were reviewed by Caltrans in March 2009, prior to authorizing funds. 3) The Plans and Specs were evaluated by numerous contractors without generating any questions. Experienced contractors are always quick to point out any ambiguity so as to prevent other contractors from gaining a bidding advantage. 4) The Plans and Specs were reviewed by numerous consultants in preparation of submitting a Construction Management proposal without generating any concerns whatsoever. 5) Caltrans authorized the City to proceed with construction, and to initiate the process of engaging a professional consultant to manage construction. Status of Plans and Specs for Ramona A and Ramona B Page 3 of 4 May 10, 2010 On April 13, 2010, ten (10) bids were received, opened, and declared publicly. Staff performed a bids analysis which shows a very competitive and balanced pricing across all bid items — a sign of tight and well assembled construction documents. Upon approval by the City Council to authorize an award of a Construction Contract and a Construction Management Contract, the City will need to get concurrence of the R award by FHWA through Caltrans. Adept Construction Manager An experienced and knowledgeable construction management firm will ensure that the project is delivered per the standards and a full reimbursement. We are recommending engaging a consultant that knows the difference between plan drawings which have fully contained standard plans versus a spec format plan, and also one that is sufficiently experienced and knowledgeable to know the appropriate reference standard plans and specifications to apply on the project. ARRA funds for these projects will not cover design. The projects were submitted for funding consideration in March 2009 using appropriate spec format construction documents. Therefore, we will need a skilled and creative construction manager to ensure a "field to finish" approach. FUNDING Ramona A, 1 -605 to Francisquito Av $950,000 Ramona B, Francisquito Av to Merced Av $1,500,000 Caltrans requires an Expenditure Plan by May 20, 2010 (see Attachment A). This document details how funds will expended, and we must specify the cash flow timing and to whom payments will be made (who the Contractor is and who the Construction Manager is). If we meet this deadline the project will be considered active. In addition, we will be required to draw down on funds by June 30, 2010, and if so, we will be given 90 days to complete the project. Anything outside of the above will trigger de- obligation of funds which means we loose the funds and there are no appeals allowed and no chance of funds recovery. Status of Plans and Specs for Ramona A and Ramona B Page 4 of 4 May 10, 2010 OPTIONS The City Council has the following options to consider: A. Staff Recommended Option Award both Construction Contracts and both CM Contracts by 05 -19 -2010. Staff must submit and Expenditure Plan by 05 -20 -2010, and then the projects will become active. We must invoice Caltrans by June 30, 2010 for reimbursements of expenditures. We must complete the project within 90 days of June 30, 2010. Pros: Allows full use of Federal ARRA funds up to $2.45 Million Projects would be initiated in June 2010 and completed by September 2010 Cons: None. Change orders are not prevalent on street rehab type projects. The only cost increases would be due to City directed extra work resulting from more quantities constructed compared to the estimated as -bid quantities. B. Rebid Option The project is already designed, so a redesign could involve an enhanced drawing which would include copying applicable reference standards and placing them on one set of plans. Fast tracking of this could be done in four weeks at a cost of about 1 % or $25,000. Pros: We would have an elegant plan that would be fully contained. Cons: Loss of $2.4 million of ARRA funds, with no chance of recovery. The cost of plan drawings is not included. If an optional source of funds is made available to construct, the project would nevertheless be delayed. The timeline would be one month to draw, two months to advertise, one month to award and pre - construction. Construction could begin October 2010, but would not be completed until after the Christmas holidays. The questions in Attachment B were recently brought to staff's attention. The answers are provided as Attachment C. ATACHMENTS A. Caltrans Letter advising Potential Loss of Federal Funds B. Question regarding Specifications C. Answers to Questions Attachment A f?i—RN €A --RUSI NESS. I'ILlMKLRTAL10AMD -- �JSIiVCiA('rI;NCY �, „,�, 1,RVL1Lf7 41V1'AR7F: E000I�,f6a�orno� DE, PARTMENT OF TRA.1N'SPClIrrATION DIVISION 01-'LOCAL ASSISTANCE m- M.S. 1 1 120 N STREET P. O. BOX 942574 SACRAMENTO, CA 94274 -0001 PHONE (916) 653 -1776 FAX (916) 654-2409 T'CY 711 May 3, 2010 Metropolitan Planning Organizations Regional Transportation Planning Agencies City and County Public Works Directors J'lex vour polver! Be energy cfficienff Potential Loss of Federal Funds — Quarterly Review of Inactive Obligations — Quarter Ending March 31, 2010 Dear Director: Tlie California Department of Transportation (Caltrans) has started the quarterly review process of inactive obligations for the period from January 1, 2010, to March 31, 2010, as required under 23 Code of Federal Regulations (CFR) 630.106. The list of current inactive obligations is available for review on the Division of Local Assistance (DLA) Web site. A surmnary of the inactive obligations (inactive projects) listed by local agency is enclosed for your reference. To prevent the deobligation and potential loss of unexpended federal funds for inactive projects with an unexpended balance greater than one dollar, local agencies must do orle of the following: 1, Submit a complete and correct invoice for eligible expenditures to the District Local Assistance Eng4neer (DLAE) by May 20, 2010. Simultaneously, submit advance electronic copies (for information only) without the:detailed.back up documents to chrisjonscli@dot.ca.gov and 'balraj.sandhu ci)dot.ca.gov. Do not submit invoices directly to LPA. 2. Identify unneeded proj(sct funds and submit a formal deobligation request to the DLAE by May 20, 2010, then initiate project closeaUL 3. Submit a completed justification forth (available on DLA Web site) along with all backup documentation to the DLAE by May 20, 2010, . "C.'ahrerns impromv mobility across California” Metropolitan PIanning Organizations et al. May 3, 2010 Page 2 In addition, Federal Highway Administration (FI -IWA) has implemented the fallowing: FIJWA will only consider justifications in the following categories: * right of way delay 0 final invoice submittal litigation environmental delays ® program funding issuers 2. FHWA will direct Caltrans to doobligate unexpended federal funds for any inactive projects that do not have a valid financial transaction; valid invoice, or approved j ustification, 3. Caltrans will eonrplete the deobligation of unexpended federal funds within 90 clays alter the review period. For the current review period, the deobligation of federal funds must be completed by Jane 30, 2010. Justifications for inactive projects with less than one dollar remaining balance will be reviewed separately on a case by case basis. Agencies arc encouraged to identify their projects in tills status and do one of the following: (a) Complete the project closeout documents with enclosures, as per 23 CF'R, and submit the complete package to the DLAE by May 20, 2010. Simultaneously, submit advance electronic copies (for inforination only) without detailed backup documents to chris.iensen@dot.ca.gov and balraj.sandhu� ,Ddot.ca.gov. Contact the DLAE for any assistance and guidance you may need to complete this package. Do not submit project closeout document package directly to Local Programs Accounting (LPA). (b) Submit a completed justification form to the DLAE by May 20, 2010, explaining in detail why the project should not be immediately closed out and when the project is expected to proceed. If project is complete and close out package is in preparation, include backup documents and anticipated date of submission to DLAE. Jtr addition, three and six - month Look Ahead Reports (Reports) are also available on the DL.A Web site. The Reports include projects that will become inactive if an invoice has not been processed and a federal financial transaction has not occurred before .Tune 30, 2010, and September 30, 2010, respectively_ In the past, these Reports provide an opportunity for agencies to be proactive in preventing projects from becoming inactive and the potential loss of federal funds. In an effort to minimize inactive obligations to the maximum extent possible, FHWA is moving towards a proactive approach. FHWA has proposed to dcobligate projects three days prior to the month in whieb they would have become inactive. Local Agencies are strongly encouraged to submit invoices for projects on the Reports also. "Caltrems improves mohihlr across Ca fornru " Metropolitan Planning Organizations ct al. May 3, 2010 Page 3 If you have any questions regarding the quarterly review process, please contact your DLAL. Sincerely, ;, DENU-6. ANBIAH Chief Division of Local Assistance Enclosures c: local Assistance Deputy District Directors, Caltrans DLAEs, Caltrans "Caltrans improves mobilityocross California" CJ e� CL 0 w r_ 46 E il3 IV- 5 C> 'ter C) M O CL �s3 O Q1 is EC1 Q O r i O[ Q) O N �- O N !o o (.�� ti n s n a o a o s o o n LL M f E C:7 1 0 0 7 0! 0 O p [ E E n IL e y C q p h C' M 6 C} © CD M 0 0 .a to n G1 0 fJ ° R tlxf C7 (Y3 0 ,`. 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N C N j N a o o C 0 6 �l 6 lJ lz P. 0. tY C7 j C'i (S C7 h 2 I Z ! 3 i� i.7 Y @ N 7...1 @@ 3 J N J ,...i .-J ..-J O O ..-.1 O .-! -?, .-I � I � '� i7 I 0 � i] � � €� � 'ti C6 @ z fD d (D 0) (L Attachment B For this size of a project, a complete set of plans is the standard practice. Time of completion has not been indicated in the specifications Sequencing of work has not specified (can the contractor grind the entire project before starting to pave? Is the contractor expected to grind a portion, pave and then move to grind and pave subsequent sections? This will have a great Impact on contractor's pricing and level of convenience for the motorists. Project documents is silent on the issue of length time would be allowed between grinding and paving. This can become a major issue particularly along Ramona which is a major arterial. Business owners will be impacted, There are a number of items in the plans and specs which require amendmenVcorrection: The specified thickness for grinding is 2 % inches however, the total thickness of the new pavement would be 2 % inches. This will be a change order for the grinding item. e Specifications indicate a "minimum" 5 inch thick crushed aggregate base under concrete pavement. Is there a maximum? How thick of a base is the Contactor expected to build? Boas the new concrete pavement get doweled into the existing adjacent concrete pavement? if so, what is the specification? m Does replacement of the driveway approach (being paid on per square foot basis) include replacement of curb and gutter and adjacent pavement? If so, how will the contractor be compensated for them? e When does the 12 month period for maintenance of landscaping begin? Specification call for repair of the sewer line for a length of "at least" 30 feet? What is the maximum length? Since compensation for this item► is per each (for a 30 feet length), additional lengths of pipe to be replaced will be change ordered. * It appears that the quantity of item no. 14 (ARHM) pavement is off. a The specifications indicate a $10,000 allowance for design of a new entry marker. is this allowance included in the bid item allowance? * The item for replacement of traffic markings etc. is L5 however, the supplied sketch or specifications do not indicate how many of each item (arrows, crass walks, stop bars...] Difficult to estimate and potential change order ( either indicate how many of each or in the specifications, or show them on the plan). e Vehicle Detector cameras and loop detectors? Generally, the owner will not get full value when allowances for items of work are made rather than plans and specifications clearly and completely describe the desired item of work. This method of compensation will create a high probability for change order claims. Attachment C Answer -Key For this project, a complete set of drawings is not required. There is a difference between repair work and new construction. New construction requires plan & profile design drawings to define horizontal and vertical alignments of roadway improvements. Repair or rehab work only replaces existing damaged improvements. The existing street design is being preserved. Drawings for thesg projects, although elegant, would be redundant. The size of the project is irrelevant. More curb or less curb repairs do not define the need to produce a drawing. The time for completion of the construction is indicated in the `Notice Inviting Bids' (this is the document that is advertised in the newspaper and which also placed in construction trade magazines), in the `Bidders Proposal' which is the form that contractors fill out to submit their bids (so it can't be missed), and is pre - inserted in the Construction Contract which is included in the advertised bid documents. The time is specified as 60 working days. Sequencing of a project is typically warranted by the owner (City) when access to certain facilities is vital to health and welfare, such as closing a street in front of a fire station or police department. A job size like our Ramona projects are done with minimal sequencing such as how the Francisquito improvements were done. The cold milling (grinding) will be followed by a leveling course, which will render the roadway smooth and driveable. This is the cheapest manner of doing construction so sequencing is not an issue and therefore not needed to be specified (standard sequencing versus special sequencing). The time between cold milling and leveling course is set by the Owner via the Construction Manager at the preconstruction meeting. The shorter the time, the more cost effective to the contractor due to less clean up and less claims. This is also advantageous to the City, so this becomes a self governing issue. The City anticipates no more than one day between the end of cold milling and the leveling course, just like on Francisquito., Moreover, this issue is not a design issue, rather it is a constructability and accommodation issue to be dealt with by the CM, which is why we want a skilled and experience CM. Answers to bulleted items: 6 Cold milling thickness is correct at 2 1/P inches. The overlay at 2 3/ will ensure a '/4 inch lip at the gutter so water runoff can get off the roadway and into the gutters. This is standard practice. No change order. Specifications indicate a minimum 6 inches of base material (CAB) under concrete. CAB is included in the concrete pricing, therefore the contractor does not get paid for anything placed greater than 6 inches. If more than 6 inches is used, it makes the concrete even stronger and more durable. CAB is not a pay item. No change order. • Yes, tie -bars are required as called for in the specifications, standard plan 134 -1. No change order. • Driveway Approach repairs are separate and not related to Curb and Gutter repairs. These two improvements are separate pay items. The specifications indicate the Driveway Approach is 6 inches thick and does not require CAB, while the Curb and Gutter does require 6 inches of CAB. These two improvements are not monolithic, and due to the CAB requirement under the Curb and Gutter, cannot be concurrently formed with the Driveway Approach, and therefore should not be concurrently constructed. • The 12 month landscape maintenance period begins after the project has been accepted by the City Council as indicated in Specifications Section 308 -6 Maintenance and Plant Establishment. • The specifications call for replacement of damaged 15 inch reinforced concrete storm drain pipe. The 30 feet is the estimated replacement length. The bid item description calls for a per foot price in case it is longer than 30 feet (the bid is $200 per foot). This is simply a field adjustment of a minor bid item and is not eligible for change order. • Asphalt Rubber Hot Mix tonnage is reconfirmed, The amount bid has been rounded up so the actual constructed amount does not exceed the budget. This is a prudent approach, the same as Francisquito. • The Specifications indicate that $10,000 is included in the overall $50,000. The monument may be designed by a consultant of our choice. • Traffic markings design is not changing. A shop drawing by the contractor is sufficient. There is no change order as it is a lump sum item, and the very definition of lump sum provides for no change orders. The roadway is videotaped ahead of the construction to guarantee replacement of all traffic striping and markings. • Vehicle detector loops will be installed, A bid alternate was provided in case bids came in lower than anticipated, in which case the City could instead install vehicle detector cameras, and a credit would be made for the loops. This is a moot point since there are not sufficient funds for any alternates. Allowances can go both ways. If the City and Contractor cannot agree on a price for certain items (like the monument), the work may proceed under protest. Our City Inspector would then measure the time and material, and payment to the contractor would be based on established prevailing labor rates. This approach would be beneficial if our monument designer (consultant) is confident in its design. Attachment 2 Details on the Selection Process of the CM The following are the steps that Staff took in compliance with the Federal Requirements for selecting a CM. The RFP published by the City (see attached FRP) included: ❑ A scope of services along with an indication that we would be seeking a CM with creativity as some of the construction plans did not include details on the landscaping and other beautification elements of the project. ❑ The selection procedures, a proposal rating criteria /form, and a selection schedule. ❑ The RFP indicated that written proposals would be evaluated by a committee. ❑ The RFP indicated that a separate committee would evaluate Ramona A and Ramona B improvements. ❑ Clarification that the City would retain the right to award a CM contract to one firm for both projects, or may award a CM contract to two different firms, one for each project. The City established two committees: Committee A for Ramona A consisted of: • Sal Lopez • Monica Killen • Edward Torres • William Galvez (I was common to both committees) Committee B for Ramona B consisted of: • Amy Harbin • Rudy Galindo • David Lopez • William Galvez (I was common to both committees) We originally had a fifth member for each committee with Lorena Quijano, Finance Director, also participating on both committees. But due to the heavy workload of the City's budget preparation, Ms. Quijano had to withdraw from participating. ❑ The City received 14 proposals for Construction Management for each of the Ramona A and Ramona B improvements (that's 28 total — see list below). ❑ Each committee held a proposal evaluation kickoff meeting to summarize the funding and what the construction project consists of, explain the RFP, the Federal Guidelines, and the rating criteria, and to distribute the written proposals. ❑ Written proposals were evaluated by each respective committee, and a subsequent meeting was held to tabulate the results. ❑ From the tabulated results, due to the high number of proposals, an analysis was performed to determine if there was a consensus on the ratings of the bottom one - half of the 14 proposals. Staff stron-gly recommends not releasinn any details on the bottom ratings to avoid any embarrassment of the participating firms (this is for their sake). The typical and standard practice has been to hold a meeting with firms and pass on some of the positive proposal elements that were identified, and the strengths demonstrated in the interview. ❑ Both committees independently identified the bottom eight proposals by consensus during the first round of tabulations (this is an excellent result, demonstrating the committee understood the RFP, the City's goals, and fully read the proposals). ❑ From the remaining six proposals, a consensus was not immediately reached on the top three. We discussed the differences and based on the ratings, the committee agreed the combined committee scores did result in three proposals worthy of being shortlisted. The other committee also had similar results on their top three. ❑ The two committees had two firms in common in their top three, so four firms were shortlisted to satisfy both committees' top three. At this point we informed the ten forms not invited to the interview phase that they were not short- listed. ❑ Both committees attended the interview of the top four firms, and each committee identified a top firm. ❑ Discussion amongst both committees was held to see if a single firm could be selected for both projects. A consensus was not reached, and I recommended to each committee to independently make their selection and proceed to the cost proposal phase. ❑ Cost proposals from the firms selected yielded reasonable costs, with excellent scope of work and man -hour effort. ❑ Each committee recommended that the top firm identified be engaged for CM services. The principal elements of each scope were satisfactory, and the cost was immediately deemed reasonable. We received proposals from: PBSU Transtech Willdan Engineering CivilSource, Inc. SA Associates Vali Cooper & Associates, Inc. Ghirardelli Associates, Inc. DMR Team ECM Group Axiom Corporation Savannah Tech GK & Associates AAE, Inc. Delterra The firms in italics were the bottom eight written proposals as unanimously determined by both committees. . 2929069 Attachment a o State of California m• K, Secretary of State RY I, BRUCE McPHERSON, Secretary of State of the State of California, hereby certify: That the attached transcript of �� page(s) has been compared --� with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF, i execute this certificate and affix the Great Seal of the State of California this day of OCT 2 2006 A ooz-� BRUCE'McPHERSON Secretary of State Sec/State Form CE -107 (REV 03/31/05) = 08P 05 94200 2929069 ARTICLES OF INCORPORATION OF CIVILSOURCE, INC. ARTICLE I The corporation name is CivilSource, Inc- ARTICLE II ENDORSED r FILED In the Office of the Secretary of State of the State of callfotnia SEP 15 2006 The purpose of the Corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business, or the practice of a profession permitted to be incorporated by the California Corporations Code. ARTICLE III The name and complete address in the State of California of the Corporation's initial agent for service of process is: Amy Amirani 500 Wald Irvine, CA 92618 ARTICLE IV The Corporation is authorized to issue only one class of shares, which shall be designated Common Shares. The total number of Common Shares that the Corporation is authorized to issue is one hundred (100) shares. ARTICLE V (a) The liability of the directors of the Corporation for monetary damages shall be eliminated to the fullest extent permissible under California law. (b) The Corporation is authorized to indemnify the "Agents" (as defined in Section 317 of the California Corporations Code) of the Corporation to the fullest extent permissible under California law. (c) Any repeal or amendment of this Article V shall not adversely affect any right of or protection afforded any agent of the Corporation in effect at the time of the repeal or amendment. 0 A. Ross Incorporator ��CE OFT Cn CivilSource - Google Search Web Images Vide Maps News Shopping Email more r Gooste CivilSource Search About 1,710 results (0.14 saaonds) Advanced search Everything Civil Sourc -Where Pu is Works Experience is E sentiai Civil Source is a civil engineering consulting firm serving municipal, special district, More industrial and other private clients. www.civii- sotirce.com /index.litm - Cached Show search tools Civil Source - Services - Construction Management ClvilSourco is dedicated to providing quality projects for value engineering and conslfuctability through its Management services..., vjww.civll- source.co�tll Services lConstrctionManagement.htm - Cached Show more results from www.civil- source.corn Civil Source Consulting. LLC - Home What We DoCivil Source Consulting, LLC is a full service Civil /Structural Engineering firm. Civil Source's professional associates include experienced ... civilsourceltc.conV - Cached - Similar Civil Source Consulting. LLC - Services OUR SPECIALITYWe specialize in High Voltage substations, mainly Civil /Structural related areas:Heavy Transformer Foundations Transmission & Substation .,. civilsourcellc.comiservices - Cached Show more results from civiisourcelle,com (PDFI Civil Source File Format. PDFlAdobeAcrobat - Quick View Civil Source, so here goes the first: Promoting the Civil Engineering Profession..... Civil Source Calendar. October. Sunday. Monday. Tuesday. Wednesday ... sections .asce.org /ulat)lnewsfOrt09.1)df tPDFI Civil Source File Format: PDFIAdobe Acrobat - Quick View ASCE Utah Section Newsletter. September 2008. President's Message, Civil Source. Civil Engineers Make the Difference — They Build on the Quality of Life ... sections, asce.org /utahlnows /Ocl08.pdf Show more resin€ s from sections,asce.org Civil Source Associates in Fair Haven New Jersey.company Profile Akama.com - Civil Source Associates of Fair Haven 07704 New Jersey company information. Includes data about company address, phone number (732) 530 -5989, .,. www.akama.coml...lCivil_ Source _Associates_a228dl931525.html - Cached Civil Source in Irvine CA 92618 -(949) 585 -0477 Information on Civil Sourco in . (949) 585 -0477. Address, phone number, map, driving directions, hours of operation, services, reviews and more for Civil ... Show map of 540 Wald, Irvine, CA 92618 yp.ocregister.coml civil +source. 9.11 884200p. home.html - Cached Civilsourc Irvine CA Company & Business Contact inforn3di on ... Clvilsoureo Company & Business Contact information- Jigsaw Business Directory. Get complete contact & company information with emails and phone numbers at... www.jigsaw.comlidl 1873551civilsourca _con)pany,xhtml - Cached Taking Another Look at French Civil Laws roduct> source >L droit ... by P Legrand Jr- 1987 - Relatacf articles TAKING ANOTHER LOOK AT FRENCH, CIVIL LAWt, PIERRE LEGRAND JR ". Montaigne once asked himself: what do I knowT The celebrated question -'que sais -je? ... WWWjsIor.org/stabIef764264 1 2 3 4 5 6 7 8 9 4 Next CivilSource Search Search withri resu1,9 Search Help Give us faedback Google Home A.dvenising Programs Business Solutions Privacy About Google Page 1 of 1 Attachment 4 Web History I Search settings I i n in http: / /www.google.com /search ?q — CivilSource& hl= en &rls= com.microsoft:en- us:IE- Search... 5/12/2010 CivilSource - Google Search Web Image s Videos Maps News f o In !am ail more v Goosle CivilSource search_ Page 2 of about 1,710 results (0.16 seconds) Advanced search Everything Executive Sear firms : Civil Source Assggiptes LLQ 27 Be Jersey : Executive Search Firms : Civil Source Associates LLC 27 Beach Road more Monmouth Beach NJ (732) 923 -1900. Monmouth www.recruiter- directory. info/ map /.../civil- source...lic.. 12163 - Cached Show search tools Civitsource in Irvine, California A clvilsource. 500 Wald Irvine, California 92618 -4637. USA tel: +1 9492955189. Description. Consulting Engineer. Location, Products. Engineering services ... construction.zibb.comlprofilel clvilsource luslcalifornlal,..121890244 - Cached d en 1 euro -civil ! source — bitbucket.or Ctone this repository (size: 15.6 KB): HTTPS 1 SSH $ hg clone http:llbilbucket. orgldgengleuro -civil $ hg clone sshalhg @bitbucket.orgldgengleuro -civil ... https:llbitb ticket ,orgldgengleuro- civillsrc - Cached CIVILSOURCE in IRVINE CA 2618 CIVILSOURCE in IRVINE CA, 92618, ,,. CIVILSOURCE star. Save & Share Print LosCa. 500 WALD IRVINE, CA 92618 (949) 295 -5189 ... Irvine ca. losc6.com1cfvItsource- in- irvine -ca- 92618- 000000709180- Cached DBE Ad Dejail CIvilSource, Inc, is looking for a Local Small Business Enterprise ... Please submit your Statement of Qualifications to jbliatout @civil- source,com no later ... vnvw.theweeklybidf €ash.comAvbf _ clbe_detail.asp ?.., - Cached IPDF)LA ciyiisource.ir File Format: PDFIAdobe Acrobat- View as HT M;1 www.civilsource.ir mehdimadani_eng @yahoo.com ir. clvilsource .... 2008/7/18 www. elvilsource.ir. 178 m. 760 m. 15m. 26.6million m3. 4500 million m' ... www.hainodrezaiy.com/gallery/article/Dain-27.pdf tPor) agenda format File Format: PDFIAdobe Acrobat- Quick View Feb 3, 2009 ... Award a contract to Civil Source Engineering, 500 Wald Street, Irvine, California 92618, in an amount not to exceed $152400.00 for design ... www,b.costa- mesa.ca.usl...12 %203 / 2009%n20PSA°/o20VANGUARD-Wlt.SON- MENDOZA.pdf - Similar (PnFt a...`3c enda format File Formal: PDF1Adobe Acrobat - Quirk View Oct 6, 2009 ... Award a contract to CIVIL SOURCE Engineering, 500 Wald Street, Irvine, California, ... After careful review, staff has selected CIVIL SOURCE ... wviw.ci.costa-inesa.c,q.us/coLincil/ 10. J2009-10_Q6_l?SA–Center–St. pdf Show more results horn www.ci.casta- mesa,ca.E €s CE News Buyers' Guide CivilSource includes manufacturers, software developers, associations, licensors, ,.. Basic listings on CivilSource are free. For information about enhanced ... vrww.cenews.comlcivilsource !buyers- guide.hlml - Cached Annual Street Improvement Project - City of Santa Monica Civil Source is the top ranked firm. Civil Source supplied the City with a list ... Civil Source is recommended as the best proposer to provide construction ... wwwOl. smgov. neUcityclerklcounci$ lagendasl...ls2009060901- f=.htm - Cached Previous 1 2 3 4 5 6 7 8 9 10 11 Next CivilSource Search Search within results Search Help Give us feedback Google Home Advertising Programs Susiness Solutions Privacy About Google Page 1 of 1 Web F(isto I Search settings I Sinn in http: / /www.google.com /search ?q = CivilSource& hl= en &i-ls= com.microsoft:en- us:IE- Search... 5/12/2010 Attachment 5 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 19th day of M ay 12010 by and between the City of Baldwin Park, ( "City "), and Civilsource Inc. ( "Consultant "). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Work" attached to and incorporated into this Agreement as Exhibit "A," Additional Agreement provisions, if any, are contained in "Additional Provisions" attached to and incorporated into this Agreement as Exhibit "D 11 2. COMPENSATION. City shall pay for the services performed satisfactorily by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Fee Proposal attached to and incorporated into this Agreement as Exhibit "B." The total amount of compensation, including out -of- pocket expenses, for all services described in Scope of Work as set forth in Exhibit A shall not exceed Sixty Seven Thousand One Hundred Twenty Dollars ($67,120.00) notwithstanding if it takes more than the hours estimated in Exhibit B to provide those services in a satisfactory manner. 3. TIME FOR PERFORMANCE. Time is of the essence in the performance of this Agreement. Consultant shall commence and complete the services in this Agreement within the time period shown on "Schedule of Performance" attached to and incorporated into this Agreement as Exhibit "C." 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT, Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT, This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. Consultant Services Agreement Page 2 of 5 Civilsource, Inc, 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform with such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable :attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and /or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: Consultant Services Agreement Civilsource, Inc. Page 3 of 5 (1) the City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); (2) the coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self- insurance maintained by City or its officials, officers, agents or employees shall be in excess of Consultants' insurance and not contributed with it. (3) the insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Consultant. 12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up -to -date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W -9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL ACTIVITY /LOBBYING CERTIFICATION. Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the Consultant Services Agreement Page 4 of 5 Civilsource, Inc. election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of this Agreement, City shall be liable to Consultant only for work performed by Consultant up to and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit °B" attached hereto. Such payment will be subject to City's receipt of a close -out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County, This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) CONSULTANT Consultant Services Agreement Page 5 of 5 Civilsource, Inc. (B) Edwin "William" Galvez, P.E. Director of Public Works City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 23. NOTICES, Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. Consultant shall send a copy of all notices to the City Attorney. City Attorney: Joseph Pannone / Aleshire & Wynder, LLP South Bay Center, 1515 West 190th Street South Tower, Suite 565 Gardena, CA 90248 (310) 527 -6660 IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. ATTEST: City Clerk By; Name: Dated: Title: Address: Telephone: ( ) - CITY OF BALDWIN PARK By: Manuel Lozano, Mayor Dated: CONSULTANT: By: Name: Dated: Title: Consultant Services Agreement Exhibits Civilsource, Inc. EXHIBIT "A" SCOPE OF SERVICES The attached Scope of Work is a detailed document based on the Civilsource, Inc. proposal to the City dated March 15, 2010, and subsequently revised to include added services and resubmitted to the City on April 22, 2010. GA170 Prcjectsl2 C Num- Tille52009 -005 Ramona A -8 Stimulusl5ConstructionlRamoneAlGivilSourcoExhibil5 05- 05- 2010.doc Scope of `Mork The CivilSource project management team has the size, depth, and experience to be able to commit the necessary personnel to meet your schedules and deadlines. We are represented by highly experienced construction professionals who have proven track records managing the construction of city projects. We have reviewed the Scope of Work as outlined in the Request for Proposal, CivilSource views construction management not simply as a list of tasks grouped by category but as a sequential and thorough process in which we have identified four phases: preconstruction, project start -up, construction and close -out. We will provide all services listed in the RFP and any of the following tasks we feel may be required to meet the project objectives. PRE-CQNSTRUCTION PHASE SERVI C Our tasks during this phase will include Bid /Award coordination (including bid proposal review and recommendation, pre - qualification investigations, and ensuring DBE goals are met), thorough review of 100% design documents, preparing Construction Management Procedures Manuals, establishing project files, and other tasks that are undertaken in the Pre - Construction Phase. PR ECT TART -UP COORDINATION, AND ORIENTATION PHASE This phase is essential to establishing communications, setting protocols, and building the procedural framework for the project. In particular, we establish communications between the project team, including the construction management team, City staff, the engineering design team, the Contractor, utility companies, and other essential parties at interest, to the resolution of construction issues. The following discussion briefly explains our approach. ♦ Review project plans and specifications to become fully familiar with the project requirements and notify the City of any design ambiguities. As part of this service and to reduce any future change orders, CivilSource will walk the project with the project designer so that any final revisions to the contract documents can be made prior to bidding. ♦ Provide concept drawing for the mein within these prQJect limits. CivilSource will manage development of a concept drawing for the redesign of existing median noses and monumentation implementation. Manage development of and submittal to the City the concept drawing which will show removal of trees per the project plan and specifications. Median noses will be designed as a common theme throughout the project limits. The scope of work for monumentation implementation will consist of the following: ✓ Five (5) meetings with City staff including an initial meeting to discuss relevant approval processes and monument design, as well as review and approval of the preliminary design. • Preliminary Design and Refinement • Manage development of CADD detail and specifications, ✓ Cost statement ✓ Coordinating with the Contractor to implement these changes to the work. ♦ Review funding with the City of Baldwin Park to affirm the special requirements affecting the work, and identifying accounting and reporting requirements that will be followed, ♦ Develop roject ecific management lan that outlines the procedures for all team communications, reporting, review and approval of critical submittals, protocol for weekly meetings, distribution of documentation, change order procedures, and other necessary procedures in order to streamline the project. We will ensure there is buy -in from all project members prior to the start of construction. ♦ Establish and ensure implementatiQn of a coordination plan to coordinate work (e.g. utility facility relocations) and work impact (e.g. traffic and access) with all affected agencies including utilities, police and fire departments, home owner associations and special districts. ♦ Coordinate and conduct a pre - construction meeting and prepare meeting minutes for distribution. The pre - construction meeting will cover, at a minimum, the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values, submittal procedures, correspondence, utility relocations, local agency permit requirements, RFQ /RFI processes, progress payments, change orders, safety issues, emergency response requirements, and all other pertinent topics. CivilSource will provide opportunities to have the Contractor's questions answered and will collect all of the required submittal items at that time. ♦ Prepare for and deliver to the City, with in u from the Contractors an overall site logistics plan. This plan will outline items like staging, phasing, circulation for public access to and from businesses and neighborhoods, fire department access during construction, delivery path of travel, public safety concerns, and signage required during construction of the project. ♦ Review Contractor(s) Safety Program for compliance with City standards as well as any OSHA regulations. Recommend Contractor(s) submit "site Specific" safety plans that identify the risks and liability arising from specific operations relating to the project. CONSTRUCTION PHASE Approach to Tasks CivilSource will focus on the daily tasks that are required to ensure the Contractor is executing the work according to the accepted CPM baseline schedule, the design team is responding in a timely manner, the budget is maintained, and the City is informed and involved on all decisions and aspects as the project is delivered. Timing is critical and expedient managerial procedures will be a key factor for staying on schedule and within budget. The following discussion details some of the key tasks to be performed in the Construction Phase, and briefly explains our approach. Construction Management ♦ WQrk as an extension of i staff. CivilSource will serve as an extension of the City staff on this project. This is our accustomed method of working, and the best way to ensure a close working relationship and to ensure all City objectives are fully met. ♦ Provide project coordination for 12rpject control during he construction period. We will monitor the contractor's work progress, personnel, equipment and materials to ensure that adequate resources are available to meet the project schedule and that the contractor's work is in compliance with the contract documents. Coordination will include ensuring that City activities (such as bus routes, street sweeping and trash pick -up) and responsibilities are addressed and appropriately scheduled so as not to affect the progress of the work. -9- ♦ Maintain record drawings and documents on -sitc. CivilSource will require the Contractor to maintain an updated set of drawings, specifications, addenda, bulletins, change orders, or other document updates at the jobsite. Updates shall incorporate modifications and changes from all sources such as submittals, RFIs, field orders, etc. ♦ Process Requests for Information _(RFI) and ensure timely distribution to and response by appropriate project team members (City staff, Engineer, other agencies). Response to RFIs shall take no longer than 7 calendar days. We will coordinate all technical support and constructability reviews during preparation of responses to RFIs and maintain an RFI log to track closed and outstanding RFIs. ♦ Ensure an efficient submittal _process, beginning with the contractor submitting a submittal schedule for review within 10 calendar days after- the effective date of the construction contract. CivilSource will provide technical support during review of the submittal schedule (and at a minimum weekly thereafter) to ensure compliance with the contract documents and note any matters of concern to the City, such as potential impacts to schedule. We will monitor, process, and forward for approval all submittals and ensure timely distribution to and review by appropriate project team members (City staff, engineer, and other agencies). ♦ Review and recommend for approval the contractors' CPM baseline schedule; and upon review and acceptance, will be adopted for the remainder of the project. We will monitor work progress in accordance with this baseline schedule on a daily, weekly, monthly basis to ensure the Contractor maintains all milestone and critical -path dates. Indicated slippage will be addressed during the project meetings and written reports. ♦ Review and respond to requests for design revisions by the contractor. CivilSource will provide recommendations and forward all responses for approval to the City and /or design engineer prior to transmitting to the Contractor. ♦ Initiate and review field orders when a change in the work is needed to maintain the design intent. We will issue field orders to the Contractor and monitor the work for compliance. Changes will be logged and recorded in the record specifications and plans. If required, we will follow -up with a change order within 14 calendar days of mutual agreement with the Contractor on pricing and conditions. ♦ Review and evaluate Contractor thane orders. CivilSource will act on behalf of the City and receive, evaluate, negotiate, and recommend for approval any change orders that are submitted. We will use our expertise in evaluating change orders by applying knowledge of prevailing wage rates, material unit cost guide publications, quantity take -offs, or other measures required in order to substantiate and /or negotiate change orders. We will provide easily accessible change order information by maintaining a Change Order Log that tracks executed and potential change orders and monitors the amounts against the total construction contract. ♦ Review and forward for apprQyal. the Contractor Payment AliplicatiQns. CivilSource will conduct the monthly "pencil draft" with the contractor to review the progress to date and verify that payment applications represent work in place and are in compliance with the accepted Schedule of Values and the requirements of the construction documents. Once the payment applications are reviewed and approved, and once we have verified that the contractor's record drawings are current, the construction schedule is updated, and weekly certified payroll reports are submitted, we will forward to the City for approval. _10- Geotechnical Materials Testing We have included Willdan Geotechnical as a part of our team to perform geotechnical materials testing. The geotechnical materials and testing work consists of: ♦ Attendance at preconstruction meeting by a California Registered Geotechnical Engineer. ♦ Soils technician on site during subgrade preparation and aggregate base placement. We will conduct field testing (nuclear gauge) of compacted subgrade and aggregate materials, and collect samples of subgrade and aggregate base material. ♦ Soils technician on site during reconstruction of asphalt pavements to monitor the compaction AC and ARHM using a nuclear density gauge. ♦ Asphalt Plant batch inspection and sampling during ARHM production and start -up. ♦ Provide laboratory testing for ARHM maximum density, gradation, percent asphalt and continue witness tests by the plant for gradation and binder content. ♦ Submittal of test results daily to project construction manager and inspector. ♦ Engineering support, inspector /technician coordination, dispatch, material engineering review, test reporting, QA /QC, and administrative support services. ♦ Submittal of a final report of findings and conclusions and summary of field and laboratory testing. ♦ We will promptly submit daily reports, which will include information on field observations, sampling and testing, as well as related laboratory testing. These reports will conform to the project specifications and applicable codes, and they will be provided to the field's designated representative for review. Administration CivilSource will maintain all project documents in an organized manner to provide for efficient document control. ♦ Project correspondence and forms of communication will be prepared in accordance with industry standard document control and management procedures. ♦ We will manage the receipt, logging, control, tracking, and timely processing of project documents, including correspondence and other forms of communication, technical documents, shop drawings, calculations, data, submittals, manuals, and samples received as part of the construction process, non - compliance, work to be completed, and other tracking logs as requested in the City's RFP. ♦ Records of inspections, reports, and test results will be properly maintained. ♦ Insurance requirements will be monitored and tracked and updated insurance certificates obtained from the Contractor ♦ CivilSource will ensure all work, materials and records comply with Federal contract administration practices and that all appropriate documentation is prepared and retained, including: ♦ Conduct preconstruction conference to discuss HUD /CDBG specific requirements. -11- ♦ Daily Report, including description, quantities placed, work completed, statements, hours, subcontractors; on -site interviews; poster displays; notice of materials; construction claim reports; utilization of DBE subcontractors and suppliers; certificates of compliance; material testing and all other required Federal documentation. ♦ Enforcement of Labor Compliance requirements, including completion of federal Labor Compliance Pre -job checklist, CivilSource will ensure all certified payroll reports are submitted each month with the payment applications. We will use our in -house expertise to review these reports, verify payroll amounts against wage reports, and then submit to City for filing. CivilSource will work with the Contractor to correct any and all labor compliance violations. ♦ Affirmative action /DBE documentation. ♦ Enforcement of Quality Assurance requirements. ♦ Review Certified Payroll, EEO status and fringe benefit documents from the Contractor for compliance with the Federal labor standards provisions and higher wage determination decisions (state and federal). Inspection Detailed and accurate inspection of the contractor's work is required for successful project competition. Our Resident Inspector will discuss any appropriate revisions to the Contractor's methods and coordinate with the City's project manager and inspector at all times that work is progressing. ♦ Perf rm daily field and quality control insl2ectiQns of the Contractor's work, submittals, and construction materials to ensure all conform to the contract documents, City codes and ordinances, "Greenbook" Standard Specifications and all other applicable codes and regulations. Health and safety measures will be strictly enforced to maintain a safe construction environment. ♦ Ensure compliange with environmental regulations. The inspector will confirm that the contractor is in full compliance with the Clean Water Act and require that the Contractor provide and maintain at all times during construction devices to promptly remove and dispose of all water entering the work area. We will monitor work to ensure full compliance with NPDES regulations and coordinate all other environmental compliance monitoring as required. ♦ Prepare daily reports detailing work completed and /or other activities for each day the contractor performs work. Daily reports will be kept in a bound notebook and will state at a minimum the date, weather conditions, progression of work, materials used, and subcontractors, equipment and employees on site. We will also prepare reports of deviations and non - conformance to specifications and provide responses in accordance with the specification requirements. Notices of Non - Compliance will be immediately delivered to the Contractor for any and all deviations. ♦ Ensure implementation of a traffic control l2lan that is in accordance with the latest "Work Area Traffic Control Handbook" (WATCH) manual requirements, the City's requirements, and the contract documents (Section 7 -10 of the Special Provisions). CLOSE -OUT PHASE CivilSource is corncnitted to executing an expedient close -out schedule. We have had considerable success in outlining the requirements during the initial start of construction and monitoring progress on a monthly basis with milestones. -12- Construction Management Services !lJJJJJ Ramona Boulevard Roadway, 1- 605 to Fran cisquito Street i R< .� ` Work Plan ALIT I N i' A R K Our philosophy on such projects is that "Close -Out starts during Pre - construction." Our efforts will begin up front, to outline and anticipate all project close -out deliverables. Financial close -out is a separate critical activity, and it is best to have the Contractor negotiate final contract amounts once their subcontractors' scope of work is complete. The following discussion outlines some of the key tasks to be performed in the Close -Out Phase, and briefly explains our approach. o Compile detailed inch -lists with City, Consultants, and Contractor. The CivilSource Project Manager will conduct a preliminary walk - through with the Contractor to ensure there are no blatant issues and to generate a preliminary punch -list. After completion of the preliminary punch - list items, the Project Manager will conduct a punch -list walls- through with the Consultants to generate a second punch -list, if required. After completion of the consultant's punch list items, the Project Manager will conduct the official punch -list walk- through with City staff and the Engineer (and all subs if necessary) to generate the official and final punch list. o Evaluate Contractor claims. In the event Contractor claims arise, CivilSource will act on behalf of the City to review, evaluate, negotiate and recommend rejection /approval of such claims by our in house expertise. All potential claims will be identified, logged, monitored and reported immediately to the City. We will prepare written explanations of each claim with full background of issues, proposed resolution alternatives, and resolution recommendations for action. o Evaluate private party claims. We will investigate claims for damages by private parties and respond in writing within two calendar days of receipt of claim. Responses will be coordinated with the City's Project Manager and Risk Manager. o Filling of the Notice to Completion. We will advise the City when this is appropriate based on all expired time and other conditions required. o R iew Final Payment..AI2121ication. CivilSource will review for completeness and forward to City for approval, the Contractor(s) Final Application for Payment. -13- Consultant Services Agreement Exhibits Civilsource, Inc, EXHIBIT "B" SCHEDULE OF COMPENSATION Contract Sum For the services described in Exhibit "A" to the Agreement, City shall, in the amounts, by the method, and at the times set forth, pay Consultant as follows: Consultant's compensation shall be a fee not to exceed Sixty Seven Thousand One Hundred Twenty Dollars ($67,120.00), including out of pocket expenses, for all the services described in the Scope of Work as set forth in Exhibit "A," notwithstanding if it takes more than the hours estimated in Exhibit "B" to provide those services in a satisfactory manner. Compensation will be based on the attached Fee Summary which shows the compensation amount for each of the project phases. Change Orders and cost extras impacting Consultant's compensation shall not be allowed unless specifically provided for and approved by the City prior to initiating any corresponding effort by the Consultant. BILLING. City will be invoiced monthly for progress payments. At the end of each calendar month in which services are performed or expenses are incurred under this Agreement, Consultant shall submit an invoice to the City at the following address: Edwin "William" Galvez, Director of Public Works City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 The invoice submitted pursuant to this paragraph shall show the: 1) project name /description; 2) name and hours worked by each person who performed services during the billing period; 3) the title /classification under which they were billed; 4) the hourly rate of pay; 5) actual out -of- pocket expenses incurred in the performance of services; and 6) other such information as the City may reasonably require. METHOD OF PAYMENT. Payment to Consultant for the compensation specified above shall be made after the City's determination that the billing submitted as specified above, accurately reflects work satisfactorily performed. City shall pay Consultant within thirty (30) days therefrom. GAJ 70 Projects\2 C Num- TAM2009 -005 Ramona A -B Stimulus\ 5Conslruction \RamonaA\CivilSourceExhibils 05- 05- 2010.doc FEE PROPOSAL - ESTIMATE CITY OF BALDWIN PARK RAMONA BOULEVARD ROADWAY PRESERVATIONS AND REHABILITATION RAMONA A - 1 -605 TO FRANCISQUITO STREET Construction Management & Inspection Services April 2010 ILEUM) CM = Construction manager INS = Inspection CA = Construction Administration Hjd /Award Coordination 4 1 4 8 $672 Pre Construction Meeting 3 1 4 $388 Control Documents/ Establish Project Files 2 4 6 $452 ubtotahP.re Cali tritctlolt Plisse, .. .... $990 022 $9,512 ...� A tttBpoCta0f1 SolvTgaS 44 WQicln0l]ay$ . .. .... . ,. ;; ', Provide on site inspection services 480 480 $42,720 SubtofaJ {1nsA8Ftloh Saryiges„ $�2,Z2P 542,720 :, 0 ...., +aarlsirRt1Q�ian`a otit� tit; {40,11ydrking Progress meetings 10 4 14 $1,332 Progress photos and video survey 7 7 $770 Monthly Progress Reports 5 1 6 $608 Coordinate and Prepare RFI 6 1 7 $718 Contractors Submittal Review 6 1 7 $718 Coordinate, review, and recommend for approval the contractor's GPM schedule 8 8 $880 Review and respond to requests for design revisions & substitution request 6 6 $660 Monitor, evaluate, report and ensure compliance for Water Quality Pollution Prevention 8 8 $880 Review and evaluate change ordersi ield orders, negotiate on behalf of the City 7 1 8 $828 Review Contractor's progress payment and recommend for approval 4 9 13 $962 Federal Fund ManagemenYAdministration 6 16 22 $1,588 Coordinate Materials Testing/inspection 6 8 14 $1,124 $ubtafal C2�r5tructlon.Manag$menf $8 699..' $2 37& $11 0B8 M; Compile Detail Punch List Items 3 3 $330 Coordinate Close Out Procedures 4 2 6 $618 Monitor completion of project records and as -built 2 2 4 $336 Oversee completion of the punch list items and final clean up before contractors demobilization 3 2 5 $508 Coordinate final testing and documentation of regulatory inspections for conformance with the specification 2 2 $220 Collect and review for completion all O&M Manuals 2 1 3 $278 Final Progress Payment 2 2 $220 Subtota[.CIn "se Out X9,960; -J $356. $i7 t $2,6.70. Total Hours 106 484 53 643 $67,810 Geotechnical Materials Testing & Inspection 154 $9,310 TOTAL FEE $11,6611 $43,076 $3,074 797 1 $67,120 ILEUM) CM = Construction manager INS = Inspection CA = Construction Administration Consultant Services Agreement Exhibits Civilsource, Inc. EXHIBIT "C" SCHEDULE OF PERFORMANCE Consultant shall perform the services described in Exhibit "A" to the Agreement within the time period(s) set forth as follows: Consultant shall commence the services described in the Scope of Work upon the City issuance of a Notice to Proceed (NTP) which shall be at the City's discretion but no later than 60 days from the execution of the Agreement. Consultant shall complete the Construction Management Scope of Work in parallel with the construction activities which are specified to be completed within 60 working days from the start of construction. Construction Management prior to and after construction will also be required, and this is anticipated to take an additional 30 calendar day to complete. GA170 Projeclsk2 C Num- TAV2009 -005 Ramona A -B Slimufus55Conslruclion4RamonaA SCivi €SourceExhibils 05- 05- 2010.doc Consultant Services Agreement Exhibits Civilsource, Inc. EXHIBIT "D" ADDITIONAL. PROVISIONS None 6:1170 ProjectsV 0 Num- Tiile12009 -005 Ramona A -B Stimulusl 50onstruction %RamoneAlCivilSourceExhibits 05- 05- 2010.doc CITY COUNCIL AGENDA r re MAY 19 ITEM NO. BALDWIN CITY OF BALDWIN PARK STAFF REPORT P A, R• K TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: May 19, 2010 SUBJECT: AWARD A CONTRACT FOR THE CONSTRUCTION O ROADWAY IMPROVEMENTS ON RAMONA B, FRANCISQUITO AVENUE TO MERCED AVENUE, FEDERAL PROJECT NO. ESPL -5323 (019) - FTIP NO.: LAES411 TO PAVEWEST CONTRACTING COMPANY IN THE AMOUNT OF $1,261,335. PURPOSE This report requests that the City Council consider an award of a contract for the construction of the Roadway Rehabilitation of Ramona B — Francisquito Avenue to Merced Avenue, Federal Project No. ESPL 5323 (019) — FTIP No.: LAES 411 to PaveWest in the amount of $1,261,335. BACKGROUND On May 5, 2010, issues related to the construction of improvements on Ramona were placed on the City Council agenda, but were tabled to be later discussed. Since then, staff has provided the City Council with supplementary information shown as Attachment 1. Last year, this City made preparations to ensure the City had shovel ready projects to fully utilize Stimulus funds that the Federal administration was making available under ARRA infrastructure funding. After successfully applying and qualifying for funds, the amount that the City was allocated was approximately $2.4 million. The two projects approved by the Federal highway Administration (FHWA) and Caltrans are the Ramona A and Ramona B improvements as follows: (1) Ramona A - Ramona Boulevard, 1 -605 to Francisquito Avenue, and (2) Ramona B - Ramona Boulevard, Francisquito Avenue to Merced Avenue. This project consists of the (2) Ramona B - Francisquito Avenue to Merced Avenue, and includes rehabilitating the roadway pavement on Ramona Boulevard from Francisquito Avenue to Merced Avenue. Essentially the work involves repairing concrete improvements and placing a rubberized asphalt concrete overlay. Concrete Award a Contract for Ramona B Roadway Rehabilitation Page 2 of 3 May 19, 2010 repairs include replacing damaged curb and gutters, cross - gutters, spandrels, sidewalks, and drive - approaches. Related work includes repainting traffic stripes and pavement markings, performing irrigation and landscaping upgrades and repairs, planting trees, and performing hardscape modifications in the medians. Based on the quantities listed in the Contractor's Bid Proposal, the construction cost was estimated to be in the range of $1.3 to $1.35 Million. On February 17, 2010, the City Council approved the plans and specifications, and authorized staff to advertise the Project for construction bids. Prior to this authorization, Staff had already received notice of funding authorization from FHWA which meant that the City could now proceed. Staff advertised the project by publishing a "Notice Inviting Bids" in accordance with the provisions of the Government Code and in accordance to the Federal Highway Administration (FHWA) requirements. DISCUSSION ` On April 13, 2010, nine (9) bids were received, opened, and declared publicly. The bid opening minutes is shown in Attachment 2. The competitiveness of the bids is summarized in a table of bids received which is shown in Attachment 3. Staff performed a bids analysis and has determined that the lowest responsive bid was submitted by PaveWest in the amount of $1,201,335. This contractor has recently completed similar roadway improvements for the Cities of Artesia and Brea. This Contractor has a Class A - General Engineering Contractors' license in good standing with the State Contractors' Board. A background search shows no irregularities regarding this Contractor. The proof of contractor's license is shown in Attachment 4. PaveWest will also be encouraged to participate in the City's newly adopted policy which provides incentives to contractors to encourage the hiring of City residents /businesses for City administered construction contracts. Staff will work out the details of this policy with the Contractor to confirm the level of their participation. On April 27, 2010, Caltrans conducted a Pre -Award Audit. This is a necessary step in order to ensure Federal funding. The pre -award audit was successful as there were no findings to correct, and the City was cleared to proceed with contract awards. Upon award of a construction contract, the City will be required to send an award package along with a pre -award audit checklist to Caltrans prior to the start of construction. In addition, the pre -award audit approved the process we used to recommend a construction management consultant. Caltrans has notified us that the deadline to submit an Expenditure Plan is May 20, 2010, or we will loose funding. The Expenditure Plan details how funds will be expended, and we must specify the cash flow timing and to whom payments will be made (who the Contractor is and who the Construction Manager is). Even with an expenditure plan, the City will be required to draw down on funds by June 30, 2010, and Award a Contract for Ramona B Roadway Rehabilitation May 19, 2010 Page 3 of 3 thereafter must complete the project within 90 days thereafter. Staff will have the expenditure plan ready to submit on May 20, 2010. FISCAL IMPACT There is no fiscal impact to the General Fund associated with this project. FHWA has authorized the City to expend up to $1,430,000 of Federal funds for the construction of this project, including contingencies. Expenditures of authorized Federal funds will be fully reimbursed. The following table summarizes the funding and anticipated project expenditures. The City's and industry standard practice has been to authorize a 10% construction contingency which is used to bridge actual constructed quantities due to field adjustments from the `as bid' quantities. This amount is $126,133 and is within the available contingency funds. These funds would only be used if necessary. RECOMMENDATION Staff recommends that the City Council: 1. Award a Construction Contract to PaveWest in the amount of $1,261,335; and 2. Authorize the Mayor to execute the attached agreement; and 3. Authorize the Director of Public Works to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract. ATTACHMENTS 1. Memo regarding Status of Projects Specifications 2. Bid Opening Minutes 3. Summary of Bids Received 4. Proof of State Contractor's License 5. Construction Contract 1 Agreement TO. Honorable Mayor and Members of the City Council . FROM; Edwin "William" Galvez, Director of Public Works ' DATE: May 10, 2010 SUBJECT; STATUS OF THE PLANS AND SPECIFICATIONS FOR THE RAMONA A AND THE RAMONA B ROADWAY REHABILITATION PROJECTS PE IPPC]SF Provide information to the City Council related to the completeness of the plans and specifications for the following proposed projects: (1) Ramona A - Ramona Boulevard, 1 -605 to Francisquito Avenue, and (2) Ramona B - Ramona Boulevard, Francisquito Avenue to Merced Avenue, BACKGROUND In February 2009, this City applied for and successfully obtained an allocation of approximately $2.4 million of ARRA funds for infrastructure improvements. The funds are made available via the Federal Highway Administration (FHWA). The approval process included verification by Caltrans of acceptable plans and specifications. Plans and specifications may be developed many different ways. ❑ Plan drawings at scale with details - This is necessary if the roadway does not exist such as a new roadway, or it is preferred if the agency desires to market the project for additional funding, or if there will be few or no bid itemization (lump sum type bid). Plans that show the roadway that already exists is redundant. ❑ Spec format construction documents - Utilizes reference specifications (no need to reinvent the wheel). This is standard practice to repair and rehab streets where no design changes will be made. Even if there is a drawing which shows where the repairs will be done, the actual repair locations heavily rely on field markings and field adjustments by the owner (City). A Pre -Award Audit was conducted by Caltrans on April 27, 2010. The Pre -Award Audit shows that we followed the proper procedures to bid the project construction and to engage the construction manager. Status of Plans and Specs for Ramona A and Ramona B Page 2 of 4 May 10, 2010 What is a Change Order? A change order is an alteration to the contract where there is a change in scope, or compensation schedule, or time for delivery, ❑ Contractor Requested — Prevalent in excavation work where no one knows what will be uncovered. Not prevalent on repair or roadway rehab work. ❑ City Requested — This is when the City desires additional repairs to be done or to expand the scope of the project. ❑ Example — Francisquito Construction. On this project (the plans and specs for Ramona are the same as with Francisquito), change orders were due to a City requested $250,000 (City Council authorized) extra to cover an expanded project scope to perform additional street repairs at other locations and to add traffic safety enhancements. Minor field adjustments to reflect actual constructed quantities as compared to the bid quantities are not a change order, and the cost differential is covered by the project contingency. On the $1.2 million Francisquito project, we made field adjustments totaling only $14,000, or 1.2 %. Bid Items - Bid Quantities v Actual Constructed Quantities Field survey to paper to field markings. A drawing requires a field survey, which is then transferred to paper, which is then field interpreted, which is then field marked, and then finally constructed. The quantities that comprise the bid items are estimated on the paper data. The field conditions at the time of construction typically comprise what is actually repaired. Field adjustments are beneficial when changes have occurred that are not reflected on a plan. The limits for repairing damaged curbs, for example, will change between when the field survey is done and when the field markings are done. Therefore this is not recommended to strictly follow the plan drawings, Field to Finish. This is preferred as long as the estimated quantities are fairly accurate. The limits for repairing damaged curbs, for example, are field marked and then immediately repaired. Payment to the contractor is based on actual quantities constructed, so as long as there are fairly accurate estimated quantities, no change orders are triggered. Plan Completeness, Approvals, Reviews, & Bidding 1) The Plans and Specs were stamped and certified by a Registered Civil Engineer, 2) The Plans and Specs were reviewed by Caltrans in March 2009, prior to authorizing funds. 3) The Plans and Specs were evaluated by numerous contractors without generating any questions. Experienced contractors are always quick to point out any ambiguity so as to prevent other contractors from gaining a bidding advantage. 4) The Plans and Specs were reviewed by numerous consultants in preparation of submitting a Construction Management proposal without generating any concerns whatsoever. 5) Caltrans authorized the City to proceed with construction, and to initiate the process of engaging a professional consultant to manage construction. Status of Plans and Specs for Ramona A and Ramona B Page 3 of 4 May 10, 2010 On April 13, 2010, ten (10) bids were received, opened, and declared publicly. Staff performed a bids analysis which shows a very competitive and balanced pricing across all bid items — a sign of tight and well assembled construction documents. Upon approval by the City Council to authorize an award of a Construction Contract and a Construction Management Contract, the City will need to get concurrence of the award by FHWA through Caltrans. a Adept Construction Manager An experienced and knowledgeable construction management firm will ensure that the project is delivered per the standards and a full reimbursement. We are recommending engaging a consultant that knows the difference between plan drawings which have fully contained standard plans versus a spec format plan, and also one that is sufficiently experienced and knowledgeable to know the appropriate reference standard plans and specifications to apply on the project. ARRA funds for these projects will not cover design. The projects were submitted for funding consideration in March 2009 using appropriate spec format construction documents. Therefore, we will need a skilled and creative construction manager to ensure a "field to finish" approach. FUNDING Ramona A, 1 -605 to Francisquito Av $950,000 Ramona B, Francisquito Av to Merced Av $1,500,000 Caltrans requires an Expenditure Plan by May 20, 2010 (see Attachment A). This document details how funds will expended, and we must specify the cash flow timing and to whom payments will be made (who the Contractor is and who the Construction Manager is). If we meet this deadline the project will be considered active. In addition, we will be required to draw down on funds by June 30, 2010, and if so, we will be given 90 days to complete the project. Anything outside of the above will trigger de- obligation of funds which means we loose the funds and there are no appeals allowed and no chance of funds recovery. Status of Plans and Specs for Ramona A and Ramona B Page 4 of 4 May 10, 2010 OPTIONS The City Council has the following options to consider: A. Staff' Recommended Option Award both Construction Contracts and both CM Contracts by 05 -19 -2010. Staff must submit and Expenditure Plan by 05 -20 -2010, and then the projects will become active. We must invoice Caltrans by ,tune 30, 2010 for reimbursements of expenditures. We must complete the project within 90 days of June 30, 2010. Pros: Allows full use of Federal ARRA funds up to $2.45 Million Projects would be initiated in June 2010 and completed by September 2010 Cons: None. Change orders are not prevalent on street rehab type projects. The only cost increases would be due to City directed extra work resulting from more quantities constructed compared to the estimated as -bid quantities. B. Rebid Option The project is already designed, so a redesign could involve an enhanced drawing which would include copying applicable reference standards and placing them on one set of plans. Fast tracking of this could be done in four weeks at a cost of about 1 % or $25,000. Pros: We would have an elegant plan that would be fully contained. Cons: Loss of $2.4 million of ARRA funds, with no chance of recovery. The cost of plan drawings is not included. If an optional source of funds is made available to construct, the project would nevertheless be delayed. The timeline would be one month to draw, two months to advertise, one month to award and pre - construction. Construction could begin October 2010, but would not be completed until after the Christmas holidays. The questions in Attachment B were recently brought to staff's attention. The answers are provided as Attachment C. ATACHMENTS A. Caltrans Letter advising Potential Loss of Federal Funds B. Question regarding Specifications C. Answers to Questions Attachment A Sl rYi f C7i, {.ltl ;II'()li 11 r1• RV$I �'ESti. "1'It:1�'SPCNiTATlOti_At f) I1()UfilsuC ACi(;tdC'1' r ARN il.U%0-11111 141'Ak %F; �FGGF:It. Gnv�rngt ,Y.... DEPARTMENT OF TRANSPORTATION DIVISION 01 LOCAL, ASSISTANCE - M.S. 1 1120 Nr STREET P. 0. DOX 942874 SACRAMENTO, CA 94274 -0001 PRONE (916) 65s -1776 FAX (()16)654-240() IY111 May 3, 2010 Metropolitan Planning Organizations Regional Transportation Planning Agencies City and County Public Works Directors 17er your ]�ux =er1 He eneryeflicieni! Potential Loss of Federal Funds — Quarterly Revie,,v of Inactive Obligations -" Quarter Ending M arch 31, 2010 Dear Director: Tlic California Department of 'Transportation (Caltrans) has started the quarterly review process of inactive obligations for the period from January 1, 2010, to March 31, 2010, as required under 23 Code of Federal Regulations (CFR) 030.106. The list of current inactive obligations is available for review on the Division of Local Assistance (DLA)'Web site, A summary of the inactive obligations (inactive projects) lasted by local agency is enclosed for your reference. To prevent the deobligation and potential loss of urrexpended.f'edcral funds for inactive projects with an unexpended balance greater than one dollar, local agencies must do one of the following: 1. Submit a complete and correct invoice for eligible expenditures to the District Local Assistance Engineer (DLAE) by NJlay.20, 201€.0. Simultaneously, submit advance electronic copies (for information only) Without the detailed back up documents to chris Jensen @dot.ca:gov and balraj.sandbu ra dot.ca.gov. Do not submit invoices directly to LPA. 2, Identify unneeded project funds and submit a formal deobligation request to the DLAE by May 20, 2010, then initiate protect closeout. Submit a completed justification forma (available on DLA Web site) along with all backup docrunentation to the DLAE by May 20, 2010. "Cahran.r improves 7Y obili1V ncroSY California" Metropolitan Planning Organizations et al. May 3, 2010 Page 2 in addition, Federal highway Administration (F'I-1WA) has i€r€plctnented the following; 1. FHWA will only consider justifications in the following categories: ® right of way delay ® final invoice submittal ® litigation environmental delays ® prograin funding issues 2. F'HWA will direct Caltrans to deobligate unexpended federal funds for any inactive projects that do not have a valid financial transaction; valid invoice, or approved j usti-f i cation. 3. Caltrans will. complete the deobligation of unexpended federal funds within 90 days after the review period. For the current review period, the de;obligation of federal funds must be completed by June 30, 2010. Justifications for inactive projects with less than one dollar remaining balance will be reviewed separately on a case by case basis. Agencies are encouraged to identify their projects in this status and do one of the following: (a) Complete the project closeout documents with enclosures, as per 23 CFR, and submit the complete package to the DLAE by May 20, 2010. Simultaneously, submit advance electronic copies (for information oily) without detailed backup documents to chris.jensen @dot.ca.gov and baliaj.sandht€ @dot.ca.gov. Contact the DLAE for any assistance and guidance you may need to complete this package. Do not submit project closeout document package directly to Local Programs Accounting (LPA). (b) Submit a completed justification form to the DLAE by May 20, 2010, explaining in detail why the project should not be immediately closed out and when the proj ect is expected to proceed. If project is complete and close out package is in preparation, include backup documents and anticipated date of submission to DLAE. Its addition, three and six-month Look Ahead Reports (Reports) are also available on the DLA Web site. The Reports include projects that will become inactive if an invoice has not been processed and a federal financial transaction has not occurred before .Tune 30, 2010, and September 30, 2010, respectively. In the past, these Reports provide an opportunity for agencies to be proactive in preventing projects from becoming inactive and the potential loss of federal funds. In an effort to minimifc inactive obligations to the maximum extent possible, FHWA is moving towards a proactive approach. FHWA has proposed to deobligate projects three days prior to the month in which they would have become inactive. Local Agei.acics arc strongly encouraged to submit invoices for projects on the Reports also. "Cohrnns improves mohiliiv arross California" Metropolitan Plannim, OrgaTrizations et al. 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(03L �ql Lo v V-) m LL cq r�r (� � �I LL s � 7 ` I r EU 4! D 5 0 CL 'n 0 !.�� f W -r� il) S 0 10 C) i U 0 71 (D to -ia E 0 'o "I T l< < C: , a 0 I 10 CL miryiim 7a m no -j 2i im C�' i lz z 1.0 0 CL For this size of a project, a complete set of plans is the standard practice. Time of completion has not been indicated in the specifications Sequencing of work has riot specified (can the contractor grind the entire project before starting to pave? Is the contractor expected to grind a portion, pave and then move to grind and pave subsequent sections? This will have a great impact on contractor's pricing and level of convenience for the motorists. Project documents is silent on the issue of length time would be allowed between grinding and paving. This can become a major issue particularly along Ramona which is a major arterial. Business owners will be impacted. There are a number of items in the plans and specs which require amendment /correction: The specified thickness for grinding is 2 % inches however, the total thickness of the new pavement would be 2 % inches. This will be a change order for the grinding item. * specifications indicate a "minimum" 6 inch thick crushed aggregate base Linder concrete pavement. Is there a maximum? How thick of a base is the contactor expected to build? Does the new concrete pavement get doweled into the existing adjacent concrete pavement? if so, what is the specification? m Does replacement of the driveway approach (being paid on per square foot basis) include replacement of curb and gutter and adjacent pavement? If so, how will the contractor be compensated for them? b When does the 12 month period for maintenance of landscaping begin? a Specification tail for repair of the sewer line for a length of "at least" 30 feet? What is the maximum length? Since compensation for this item is per each (for a 30 feet length), additional lengths of pipe to be replaced will be change ordered, m It appears that the quantity of item no. 14 (ARHM) pavement is off. o The specifications indicate a $10,000 allowance for design of a new entry marker. Is this allowance included in the bid item allowance? The item for replacement of traffic markings etc. is LS however, the supplied sketch or specifications do not indicate how many of each item (arrows, cross walks, stop bars...) Difficult to estimate and potential change order ( either indicate how many of each or in the specifications, or show them on the plan). a Vehicle Detector cameras and loop detectors? Generally, the owner will not get full value when allowances for items of work are made rather than plans and specifications clearly and completely describe the desired item of work. This method of compensation will create a high probability for change order claims. Attachment C Answer Key For this project, a complete set of drawings is not required. There is a difference between repair work and new construction. New construction requires plan & profile design drawings to define horizontal and vertical alignments of roadway improvements. Repair or rehab work only replaces existing damaged improvements. The existing street design is being preserved. Drawings for these projects, although elegant, would be redundant. The size of the project is irrelevant. More curb or less curb repairs do not define the need to produce a drawing. The time for completion of the construction is indicated in the `Notice Inviting Bids' (this is the document that is advertised in the newspaper and which also placed in construction trade magazines), in the `Bidders Proposal' which is the form that contractors fill out to submit their bids (so it can't be missed), and is pre - inserted in the Construction Contract which is included in the advertised bid documents. The time is specified as 60 working days. Sequencing of a project is typically warranted by the owner (City) when access to certain facilities is vital to health and welfare, such as closing a street in front of a fire station or police department. A job size like our Ramona projects are done with minimal sequencing such as how the Francisquito improvements were done. The cold milling (grinding) will be followed by a leveling course, which will render the roadway smooth and driveable. This is the cheapest manner of doing construction so sequencing is not an issue and therefore not needed to be specified (standard sequencing versus special sequencing). The time between cold milling and leveling course is set by the Owner via the Construction Manager at the preconstruction meeting. The shorter the time, the more cost effective to the contractor due to less clean up and less claims. This is also advantageous to the City, so this becomes a self governing issue. The City anticipates no more than one day between the end of cold milling and the leveling course, just like on Francisquito., Moreover, this issue is not a design issue, rather it is a constructability and accommodation issue to be dealt with by the CM, which is why we want a skilled and experience CM. Answers to bulleted items: • Cold milling thickness is correct at 2 '/z inches. The overlay at 2 3/ will ensure a 1/4 inch lip at the gutter so water runoff can get off the roadway and into the gutters. This is standard practice. No change order. • Specifications indicate a minimum 6 inches of base material (CAB) under concrete. CAB is included in the concrete pricing, therefore the contractor does not get paid for anything placed greater than 6 inches. if more than 6 inches is used, it makes the concrete even stronger and more durable. CAB is not a pay item. No change order. • Yes, tie -bars are required as called for in the specifications, standard plan 134 -1, No change order. • Driveway Approach repairs are separate and not related to Curb and Gutter repairs. These two improvements are separate pay items. The specifications indicate the Driveway Approach is 6 inches thick and does not require CAB, while the Curb and Gutter does require 6 inches of CAB. These two improvements are not monolithic, and due to the CAB requirement under the Curb and Gutter, cannot be concurrently formed with the Driveway Approach, and therefore should not be concurrently constructed. • The 12 month landscape maintenance period begins after the project has been accepted by the City Council as indicated in Specifications Section 308 -6 Maintenance and Plant Establishment. • The specifications call for replacement of damaged 15 inch reinforced concrete storm drain pipe. The 30 feet is the estimated replacement length. The bid item description calls for a per foot price in case it is longer than 30 feet (the bid is $200 per foot). This is simply a field adjustment of a minor bid item and is not eligible for change order, Asphalt Rubber Hot Mix tonnage is reconfirmed. The amount bid has been rounded up so the actual constructed amount does not exceed the budget. This is a prudent approach, the same as Francisquito. ■ The Specifications indicate that $10,000 is included in the overall $50,000. The monument may be designed by a consultant of our choice. Traffic markings design is not changing, A shop drawing by the contractor is sufficient. There is no change order as it is a lump sum item, and the very definition of lump sum provides for no change orders. The roadway is videotaped ahead of the construction to guarantee replacement of all traffic striping and markings. Vehicle detector loops will be installed. A bid alternate was provided in case bids came in lower than anticipated, in which case the City could instead install vehicle detector cameras, and a credit would be made for the loops. This is a moot point since there are not sufficient funds for any alternates. Allowances can go both ways. If the City and Contractor cannot agree on a price for certain items (like the monument), the work may proceed under protest. Our City Inspector would then measure the time and material, and payment to the contractor would be based on established prevailing labor rates. This approach would be beneficial if our monument designer (consultant) is confident in its design. Attachment 2 BID OPENING ROADWAY REHABILITATION RAMONA BOULEVARD - BETWEEN FRANCISQUITO AVENUE AND MERCED AVENUE IN THE CITY OF BALDWIN PARK Federal Project No.: ESPL -5323 (019) FTfP No.: LAES411 Sealed Bids Open at 11:00 AM on April 13, 2010 Where: City of Baldwin Park City Hall, 2nd Floor Department of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 Last Bid Received at: _..... -. -- City announced bids were no longer being accepted at: V06 AAN Bids opened by: Bids read by:��'�vr Minutes taken by: Bid No. Contractor Total Bid Amount l �,r"\\J�t- VV u,'A '�)OS ir. l , pe c-e` \I ',I "A% 1 b 00 ciS� S 19 00 Signature Date GA170 Projectsl2 C Num- Title12008 -005 Ramona A -B St1mu1usl3BidAward\Ramona t3 - Bid Oponing Minutes.doc Bid No. Contractor Total Bid Amount 000 vC�%) k I'A tea K - G e� Signature Date G:1t 70 Projectsl2 C Num- Title12009 -005 Ramona A -B 5timulusl3BidAward\Ramona B - Bid Opening Minutes.doc Attachment 3 Ramona B - Summary of Bid Received Rank Contractor Total Bid 1 PaveWest $1,261,334.50 2 ICE Engineering $1,266,000.00 3 All American Asphalt $1,296,000.00 4 Sully Miller Contracting $1,305,517.00 5 Gentry Brothers $1,308,236.00 6 Elite Bobcat Service $1,395,518.00 7 Excel Paving Company $1,398,505.00 8 Sequel Contractors $1,467,196.00 9 EC Construction $1,661,988.66 Gat 70 Projectsl2 C Num- Title12009.005 Ramona A -B Sllmllltis\3BiciAWilr(I\Ran7ona B - B idAnatys isAndResu Its Contractm`r�s License Detail ~ License # 709265 License" Number: 700285 Extract Date.: 05/10/2010 D P MANGAN INC D8A PAVE WEST Business Information* 551 S HARBOR BLVD LAHA8RA`CA90O31 Business Phone Number (582)SD4'3113 ............_�� Entity, Corporation � Issue Date: 0706/1995 - .... ..... .... _ .... -----__-_�-_-___� Expire Date: 07/3112011 L|u»»ue Status: This license is oumyrd and motive. All information below should be reviewed. C|mms0naUnnu: --------�� A GENERAL ENGINEERING CONTRACTOR � This license filed Contractor's Bond number SC1018542in the amount of$13,6OUwith the bonding company AMERICAN CONTRACTORS INDEMN 17Y COMPANY. Effective Date: 03/02/2000 Bonding: _______ -------------- 1. The Responsible Managing Officer (RM{) RICHARD THOMAS MANGANcertified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual io not required. Effective Date: 00O2/19S7 This license has workers compensation insurance with the \1\1AU.SAU_U_I\1D__-RWRITERS INSURANCE COMPANY Policy NumhocVVCJZS1451OQ0O2O Workers' CwmpenouUuw Effective Date: 03/3112010 Expire Date: 83/31/2011 Workerg,'Qompensation History Personnel listed on this license (current or disassociated) are I�sted on other licenses. .;ondftions of Use, IPIivgcY PoJim, Copyrigh1@20iU State ofCalifornia " Attachment 5 SECTION D. CONTRACT ROADWAY REHABILITATION RAMONA BOULEVARD - BETWEEN FRANCISQUITO AVENUE AND MERCED AVENUE IN THE CITY OF BALDWIN PARK Federal Project No.: ESPL -5323 (019) FTIP No.: LAES411 AGREEMENT THIS AGREEMENT, made and entered into this 19th day of May , 2010 , by and between CITY OF BALDWIN PARK, CALIFORNIA, a general law city, hereinafter referred to as "CITY" and PAVEWEST "CONTRACTOR," WITNESSETH, That the CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows; 1. The complete Construction Contract I Agreement consists of the Contract Documents set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Special Provisions. 2. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: ROADWAY REHABILITATION OF RAMONA BOULEVARD - BETWEEN FRANCISQUITO AVENUE AND MERCED AVENUE (the "Work of Improvement ") all in accordance with the Contract Documents and Contractor's Proposal dated p April 13,2010 CONTRACTOR agrees to perform all the work and furnish all the materials at his own cost and expense necessary to construct and complete in a good and workman -like manner and to the satisfaction of the City Engineer of the CITY, the Work of Improvement in accordance with the plans, specifications, and Contract Documents (the "Specifications ") therefore prepared by City's Engineering Department and adopted by the City Council. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for this Work of Improvement the stipulated sum of one million two hundred sixty -one thousand three hundred thirty -four and 501100 Dollars ($1_,261,334.50) which is based on performing all work related to all of the bid quantities shown on Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. CITY agrees to make monthly payments and final payment in accordance with the method set forth in the Specifications. D.1 Agreement - Ramona Blvd, Francisquito Ave — Merced Ave in the City of Baldwin Federal Project No.: ESPL -5323 (019), FTIP No.: LAES411 4. CONTRACTOR agrees to commence construction of the Work of Improvement within ten (10) days after issuance of a Notice To Proceed, and to continue in a diligent and workman- like manner without interruption, and to complete the construction thereof within sixty - (60)_- working days (also specified in the Contractor's Bid Proposal) from the commencement date stated in the Notice to Proceed. 5. Time is of essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the CITY will sustain by reason of any delay in the performance of this Agreement. It is, therefore, agreed that CONTRACTOR will pay as liquidated damages to the CITY the following sum: Five Hundred Dollars ($500.00) for each day's delay beyond the time herein prescribed for finishing work as further detailed in Section 6 -9 of the Specifications. If liquidated damages are not paid, as designated by the CITY, the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under this Agreement in addition to any other remedy available to CITY. The CONTRACTOR shall not be assessed liquidated damages for any delay caused by the failure of a public utility to relocate or remove an existing utility required for the performance of this Contract. 6. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the work of improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work. Travel and subsistence pay shall be paid in accordance with Labor Code Section 1773.8. The CONTRACTOR shall forfeit to the CITY, as penalty, Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by him or any subcontractors under him) less than the prevailing rate described above on the work provided for in this Agreement, all in accordance with Section 1775 of the Labor Code of the State of California. CONTRACTOR, by executing this Agreement, hereby certifies that it shall adopt the current general prevailing Federal and/or State rates of wages applicable to the Work of Improvement, Contractor understands this is a federally assisted construction project and Federal Labor Standards, including Davis -Bacon Act requirements, will be enforced. Contractor acknowledges that if Federal and State wage rates are applicable, then the higher of the two will prevail. 7. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours in a day from any person employed by him hereunder, except as provided in the Labor Code of the State of California. The CONTRACTOR shall adhere to Article 3, Chapter 1, Part 7 (Sections 1810, et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the CITY as a penalty the sum of Fifty Dollars ($50.00) for each worker employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in violation of that article. 8. CONTRACTOR, by executing this Agreement hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." D.2 Agreement - Ramona Blvd, Francisquito Ave — Merced Ave in the City of Baldwin Federal Project No,: ESPL -5323 (019), FTIP No.: LAES411 9. CONTRACTOR shall, prior to the execution of this Contract, furnish two bonds approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work, and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten percent of the final contract price or $1,000, whichever is greater. IN WITNESS WHEREOF, the said CONTRACTOR and the CITY MANAGER and CITY CLERK of the CITY have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written. ATTEST: CITY CLERK D.3 CONTRACTOR BY (Title) BY CITY OF BALDWIN PARK Manuel Lozano, MAYOR APPROVED AS TO FORM: CITY ATTORNEY Agreement - Ramona Blvd, Francisquito Ave — Merced Ave in the City of Baldwin Federal Project No.: ESPL -5323 (019), FTIP No.: LAES411 EXHIBIT "A" ROADWAY REHABILITATION RAMONA BOULEVARD - BETWEEN FRANCISQUITO AVENUE AND MERCED AVENUE IN THE CITY OF BALDWIN PARK Federal Project No.: ESPL -5323 (019) FTIP No.: LAES411 NOTICE INVITING SEALED BIDS INSTRUCTIONS TO BIDDERS & INFORMATION FOR BIDDERS BIDDER'S PROPOSAL CONTRACT /AGREEMENT SPECIFICATIONS DOCUMENTS IN THE APPENDIX MODIFICATIONS AND AMENDMENTS THERETO D.4 P - A, R, K TO: FROM: DATE: SUBJECT: PURPOSE CITY OF BALDWIN PARK Honorable Mayor and Members of the City Council Edwin "William" Galvez, Director of Public Works May 19, 2010 CITY COUNCIL AGENDA MAY 19 ITEM N0. All STAFF REPORT AWARD A CONTRACT FOR CONSTRUCTION MANAGEMENT OF THE RAMONA B - FRANCISQUITO AV TO MERCED AV REHABILITATION, FEDERAL PROJECT NO. ESPL -5323 (019) - FTIP NO.: LAES415 TO WILLDAN ENGINEERING IN AN AMOUNT NOT TO EXCEED $101,740 This report requests that City Council consider an award of a contract to Willdan Engineering in the amount of $101,740 to perform turn -key Construction Management of the Ramona B — Francisquito Avenue to Merced Avenue Roadway Rehabilitation, Federal Project No. ESPL -5323 (019) — FTIP No.: LAES 415. BACKGROUND On May 5, 2010, this item was placed on the City Council agenda, but was tabled to be later discussed. Since then, staff has provided the City Council with supplementary information shown as Attachment 1. Last year, this City made preparations to ensure the City had shovel ready projects to fully utilize Stimulus funds that the Federal Highway Administration (FHWA) was making available under ARRA infrastructure funding. After successfully applying and qualifying for funds, the amount allocated to the City is approximately $2.4 million. The two projects approved by the FHWA and Caltrans are the Ramona A and Ramona B improvements as follows: (1) Ramona A - Ramona Boulevard, 1 -605 to Francisquito Avenue, and (2) Ramona B - Ramona Boulevard, Francisquito Avenue to Merced Avenue. These two projects are separate and cannot be commingled, and each has its own funding package. Ramona A has funding totaling $950,000 at a 100% funding formula which means that no matching funds are necessary and all $950,000 is available for the construction and construction management of this project. Ramona B has funding totaling $1.5 million also for construction and construction management, but requires a $70,000 local match. This report is for the construction management of the Ramona A improvements only. Award Construction Management for Ramona B Improvements Page 2 of 6 May 19, 2010 DISCUSSION Caltrans and Staff have reviewed the plans, specifications, and estimate for the Ramona B Improvements, and Caltrans authorized the City to proceed with construction, and to initiate the process of engaging a professional consultant to manage construction. On February 17, 2010, the City Council authorized staff to advertise the project for construction bids. In order to control construction and ensure project delivery within budget, on time, and at high quality expectations, staff followed the federal guidelines to select a consultant to perform construction management. Strict adherence to federal guidelines will ensure that the cost of the consultant services will be reimbursed, but more importantly, the City must ensure that the construction contractor adhere many strict federal documentation requirements. The turn key construction management services will also provide files management in a specified formatting standard. Having an experienced and knowledgeable construction management firm will ensure that the project is delivered per the City's expectations, but also that the City is reimbursed to the maximum amount allowed. Because the projects were submitted for funding consideration with very little time to fully develop precise plans, a creative construction manager is very important to ensure that the City's vision is implemented on the aesthetic project elements that were not designed, but that are expected to be completed. These include hardscape and landscape improvements that are essentially design -build component of the overall project. This is in addition to providing detailed technical oversight so that all necessary street repairs are addressed prior to paving operations. Construction Manager (CM) Selection Audit on the selection of the CM The construction bidding and the CM selection process was audited by Caltrans on April 27, 2010. Caltrans approved our method of selecting a CM, and there were no audit findings on our process which means we are on track with following strict guidelines and keeping proper documentation. Another round of audits will be performed during construction by FHWA on the selection process. Federal Requirements on Selecting a CM In order to engage a consultant, the City must advertise the RFP with: • Desired scope • Identification of the selection process • Indication how the proposals will be rated (Proposal rating Criteria 1 Form) - Appropriate selection procedure is the Caltrans 1 Federal Guideline "One Step RFP, followed by Interviews /Presentation. - Proposal Rating is the Caltrans /Federal recommended FORM and the rating criteria as spelled out on the FORM - Final selection may not involve consideration of cost. Award Construction Management for Ramona B Improvements Page 3 of 6 May 19, 2010 Once final selection was determined, then scope of work and cost was negotiated to a fair and reasonable level. A reasonable level is subjective, but generally involves looking at other top proposals to consider scope and cost. The body of proposals defines a frame in terms of scope, man -hour effort, and cost. From the Caltrans and FHWA auditors perspective, reasonable does not include negotiating to a lowest cost; rather it focuses on ensuring the best scope is obtained at a reasonable cost for those services. That cost could be the average cost of the top proposals. Findings resulting from Caltrans and Federal audits have no leniency, and therefore they recommend engaging the best services to give local agencies the best chance for full project delivery and full reimbursement. Attachment 2 details the process that we followed to select the CM. The technical merits of the written proposals were contained by most if not all proposers. However, it was the firm's creativity that set the shortlisted proposals apart from a standard approach. After the written proposals were rated, the following four firms were shortlisted and invited to an interview /presentation (listed in no particular order). PBSU Transtech Civil Source Wllldan The presentation format was established to include: Introduction 1 Presentation of firm Introduction of proposed team Firm's approach to the project Brief overview of the scope of services Both committees met just prior to the Interviews 1 Presentations and agreed to ask the following questions: 1. What service do you bring to the City of Baldwin Park which characterizes your firm? 2. How will you ensure that the improvements to be constructed are to the satisfaction of the City given that some improvement elements do not have a design to follow? a. Landscaping, irrigation, planting b, Tree locations c. Monument 3. What would you say is the most creative aspect that your team brings to the City? 4. Please explain your procedures to assure federal compliance of DBE requirements. 5. How does your firm plan on minimizing disruption to residents and businesses along the project? Award Construction Management for Ramona B Improvements Page 4 of 6 May 19, 2010 After presentations and committee discussion, each Committee member scored all four firm's presentations. The score from the proposal (50 %) and from the interview (50 %) were combined giving the rankings below: Ramona A Committee: 1 - Willdan Engineering (tie) 1 - PBSU (tie) 3 - Civilsource 4 - Transtech The committee chair discussed with both committees the possibility of reaching unanimity of a single top consultant to perform on both projects. This option was discussed, however, in light of Committee B not identifying a single top consultant, further discussion to select a single firm for two committee's was abandoned. The committee chair stressed that fees would only be used to frame the scope and cost of services, so as to help right -size scope and fees. The following is a summary of the cost proposals of the top four firms (in no particular order): Ramona B Total Proposed Hours Contract Hours Total Amount PBSW 1367 $150,962 Willdan 945 986 $101,740 Civil Source 747 $67,120 Transtech 1101 $141,065 Committee B was deadlocked with two consultants, PBSU and Willdan, tied as their top pick. Prior to unsealing costs, it was naturally agreed that cost or effort would now factor in. As costs were unsealed, it was noted that PBSU had too high a cost and a much greater number of hours compared to the Wilidan proposal. The committee choice was Willdan, especially since the hours and cost fit in the same proportion as Ramona A. The overall average effort hours are 973, and the top proposals average is 1,040. Willdan had also discussed during the interview the weakness of not having all reference drawings already included on the project plans and the resulting need to provide landscaping support. The committee chair indicated that the negotiation could require that Willdan enhance hours without a cost increase, and if this could be done, then no further meetings would be necessary. The final effort in hours by Willdan Engineering was increased to 986 hours to provide Landscape Architectural and Arborist support. The possibility of engaging Wilidan Engineering prompted staff to review the firm's background and official standing. This firm is officially recognized as indicated in the Article of Incorporation as shown in Attachment 3. A reference check of their work reveals this firm has performed well and is actually well known and respected. This firm Award Construction Management for Ramona B Improvements Page 5 of 6 May 19, 2010 is publicly held, and many of its employees own company shares. A computer internet search found nothing negative about this firm as shown in Attachment 4. Tentative Proiect Schedule Award Construction Contract ........................... ..........................05 -19 -2010 Preconstruction Meeting .................................. ..........................05 -27 -20'10 Begin Construction ........................................... ..........................06 -07 -2010 Complete Construction ................................... ............................ 08 -27 -2010 Caltrans has notified us that the deadline to submit an Expenditure Plan is May 20, 2010, or we will loose funding. The Expenditure Plan details how funds will expended, and we must specify the cash flow timing and to whom payments will be made (who the Contractor is and who the Construction Manager is). Even with an expenditure plan, the City will be required to draw down on funds by June 30, 2010, and thereafter must complete the project within 90 days thereafter. Staff will have the expenditure plan ready to submit on May 20, 2010. The following table summarizes the funds available and anticipated expenditures: FISCAL IMPACT There is no impact on the General Fund. This project is reimbursable up to $1.43 million for both construction and construction management. The $70,000 match may come from either 1) if the project expenditures are below the available funding, we may charge in -kind city staff support against the project up to the $70,000 match, or 2) authorize utilization of the fund balance in TCRF Fund 242. RECOMMENDATION Staff recommends that the City Council award a Construction Management Contract to Willdan Engineering in the amount not to exceed $101,740 and authorize the Mayor to execute the attached agreement as shown in Attachment 5. Award Construction Management for Ramona B Improvements Page 6 of 6 May 19, 2010 ATTACHMENTS 1 Memo regarding Status of Projects Specifications 2 Consultant Selection Details 3 Articles of Incorporation 4 Google Search 5 Consultant Services Agreement TO: Honorable Mayor and Members of the City Council { ]r R FROM: Edwin "William" Gaivez, Director of Public Works 1 DATE: May 10, 2010 SUBJECT: STATUS OF THE PLANS AND SPECIFICATIONS FOR THE RAAMONA A AND THE RAMONA B ROADWAY REHABILITATION PROJECTS PURPOSE Provide information to the City Council related to the completeness of the plans and specifications for the following proposed projects: (1) Ramona A - Ramona Boulevard, 1 -605 to Francisquito Avenue, and (2) Ramona B - Ramona Boulevard, Francisquito Avenue to Merced Avenue. BACKGROUND In February 2009, this City applied for and successfully obtained an allocation of approximately $2.4 million of ARRA funds for infrastructure improvements. The funds are made available via the Federal Highway Administration (FHWA). The approval process included verification by Caltrans of acceptable plans and specifications. Plans and specifications may be developed many different ways. ❑ Plan drawings at scale with details — This is necessary if the roadway does not exist such as a new roadway, or it is preferred if the agency desires to market the project for additional funding, or if there will be few or no bid itemization (lump sum type bid). Plans that show the roadway that already exists is redundant. ❑ Spec format construction documents -- Utilizes reference specifications (no need to reinvent the wheel). This is standard practice to repair and rehab streets where no design changes will be made. Even if there is a drawing which shows where the repairs will be done, the actual repair locations heavily rely on field markings and field adjustments by the owner (City). A Pre -Award Audit was conducted by Caltrans on April 27, 2010. The Pre -Award Audit shows that we followed the proper procedures to bid the project construction and to engage the construction manager. Status of Plans and Specs for Ramona A and Ramona B Page 2 of 4 May 10, 2010 What is a Change Order? A change order is an alteration to the contract where there is a change in scope, or compensation schedule, or time for delivery. ❑ Contractor Requested — Prevalent in excavation work where no one knows what will be uncovered. Not prevalent on repair or roadway rehab work. ❑ City Requested — This is when the City desires additional repairs toabe done or to expand the scope of the project. P ❑ Example -- Francisquito Construction. On this project (the plans and specs for Ramona are the same as with Francisquito), change orders were due to a City requested $250,000 (City Council authorized) extra to cover an expanded project scope to perform additional street repairs at other locations and to add traffic safety enhancements. Minor field adjustments to reflect actual constructed quantities as compared to the bid quantities are not a change order, and the cost differential is covered by the project contingency. On the $1.2 million Francisquito project, we made field adjustments totaling only $14,000, or 1.2 %. Bid Items - Bid Quantities v Actual Constructed Quantities Field survey to paper to field markings. A drawing requires a field survey, which is then transferred to paper, which is then field interpreted, which is then field marked, and then finally constructed. The quantities that comprise the bid items are estimated on the paper data. The field conditions at the time of construction typically comprise what is actually repaired. Field adjustments are beneficial when changes have occurred that are not reflected on a plan. The limits for repairing damaged curbs, for example, will change between when the field survey is done and when the field markings are done. Therefore this is not recommended to strictly follow the plan drawings. Field to Finish. This is preferred as long as the estimated quantities are fairly accurate. The limits for repairing damaged curbs, for example, are field marked and then immediately repaired. Payment to the contractor is based on actual quantities constructed, so as long as there are fairly accurate estimated quantities, no change orders are triggered. Plan Completeness, Approvals, Reviews, & Bidding 1) The Plans and Specs were stamped and certified by a Registered Civil Engineer. 2) The Plans and Specs were reviewed by Caltrans in March 2009, prior to authorizing funds. 3) The Plans and Specs were evaluated by numerous contractors without generating any questions. Experienced contractors are always quick to point out any ambiguity so as to prevent other contractors from gaining a bidding advantage. 4) The Plans and Specs were reviewed by numerous consultants in preparation of submitting a Construction Management proposal without generating any concerns whatsoever. 5) Caltrans authorized the City to proceed with construction, and to initiate the process of engaging a professional consultant to manage construction. Status of Plans and Specs for Ramona A and Rarnona B Page 3 of 4 May 10, 2010 On April 13, 2010, ten (10) bids were received, opened, and declared publicly, Staff performed a bids analysis which shows a very competitive and balanced pricing across all bid items --- a sign of tight and well assembled construction documents. Upon approval by the City Council to authorize an award of a Construction Contract and a Construction Management Contract, the City will need to get concurrence of the award by FHWA through Caltrans, Adept Construction Manager An experienced and knowledgeable construction management firm will ensure that the project is delivered per the standards and a full reimbursement, We are recommending engaging a consultant that knows the difference between plan drawings which have fully contained standard plans versus a spec format plan, and also one that is sufficiently experienced and knowledgeable to know the appropriate reference standard plans and specifications to apply on the project. ARRA funds for these projects will not cover design. The projects were submitted for funding consideration in March 2009 using appropriate spec format construction documents. Therefore, we will need a skilled and creative construction manager to ensure a "field to finish" approach. FUNDING Ramona A, 1 -605 to Francisquito Av $950,000 Ramona B, Francisquito Av to Merced Av $1,500,000 Caltrans requires an Expenditure Plan by May 20, 2010 (see Attachment A). This document details how funds will expended, and we must specify the cash flow timing and to whom payments will be made (who the Contractor is and who the Construction Manager is). If we meet this deadline the project will be considered active. In addition, we will be required to draw down on funds by June 30, 2010, and if so, we will be given 90 days to complete the project. Anything outside of the above will trigger de- obligation of funds which means we loose the funds and there are no appeals allowed and no chance of funds recovery. Status of Plans and Specs for Ramona A and Ramona B Page 4 of 4 May 10, 2010 OPTIONS The City Council has the following options to consider: A. Staff Recommended Option Award both Construction Contracts and both CM Contracts by 05 -19 -2010. Staff must submit, and Expenditure Plan by 05 -20 -2010, and then the projects will become active. We must invoice Caltrans by June 30, 2010 for reimbursements of expenditures. We must complete the project within 90 days of June 30, 2010, Pros: Allows full use of Federal ARRA funds up to $2.45 Million Projects would be initiated in June 2010 and completed by September 2010 Cons: None. Change orders are not prevalent on street rehab type projects. The only cost increases would be due to City directed extra work resulting from more quantities constructed compared to the estimated as -bid quantities. B. Rebid Option The project is already designed, so a redesign could involve an enhanced drawing which would include copying applicable reference standards and placing them on one set of plans. Fast tracking of this could be done in four weeks at a cost of about 1 % or $25,000. Pros: We would have an elegant plan that would be fully contained. Cons: Loss of $2.4 million of ARRA funds, with no chance of recovery. The cost of plan drawings is not included. If an optional source of funds is made available to construct, the project would nevertheless be delayed. The timeline would be one month to draw, two months to advertise, one month to award and pre - construction. Construction could begin October 2010, but would not be completed until after the Christmas holidays. The questions in Attachment B were recently brought to staff's attention. The answers are provided as Attachment C. ATACHMENTS A. Caltrans Letter advising Potential Loss of Federal Funds B. Question regarding Specifications C. Answers to Questions Attachment A ST-YTI LK (11 ,f, –P) I LA—u 191\'rS" "I [UA P RTATPN AYti -iJOU {i A(iE;w Y _ w l(31 f7 5�1145'•�k %f' �SF;G(.W.R. Guvcnt�l I)EPAR'rMENT OF TRANSPORTATION DIVISION 01, LOCAL, ASSISTANCE M.S. 1 1 120 ri STREET P. 0. BOX 942874 SACRAIMEN'ro, CA 94274.0001 PRONE (916) 653 -1776 FJkX (916) 654 -2. 09 ITY 71 1 May 3, 2010 Metropolitan Planning Organizations Regional. Transportation Planning Agencies City and County Public Works Directors lgeer' vollr p owrrl Be energy efident,' Potential Loss of Federal. Funds — Quarterly Review of inactive Obligations — Quarter Ending March 31, 2010 Dear Directov The California Department of Transportation (Caltrans) has started the quarterly review process of inactive obligations for the period from January 1, 2010, to March 31, 2010, as required under 23 Code of Federal Regulations (CFR) 630.106. The list of current inactive obligations is available for review on the Division: of Local Assistance (DLA) Web site, A sununary of the inactive obligations (inactive projects) listed by local agency is enclosed fbr your reference. To prevent tlae deobl gation and potential loss of unexpended ._federrA funds for inactive projects with an unexpended balance greater than one dollar, local agencies must do one of the following: 1. Submit a complete and correct invoice for eligible expenditures to the District Local Assistance Engineer (DLAE) by Alay 20, 201_0. Simultaneously, submit advance electronic copies (for information only) without the detailed back up documents to cbris.jenscn @dot,ca.gov and balraj.sandhu (ct)dot.ca.gov. Do not submit invoices directly to LPA, 2. Identify unneeded project funds and submit a fon -nal deobligation request to the DLAE by May 20, 2010, theca initiate: project closeout.. Submit a completed justification form (available on DLA Web site) along with atl backup documentation to the DLAE by May 20, 2010. "C'aliranr imprnre:c nwhilihp across Cnlirornia" vletropol.itan Planning Organizations et al. May 3, 2010 Page 2 In addition, Federal Highway Administration (FI-IWA) has i.mplememcd the following: I , FHWA will only consider justifications in the followinf, categories: right of way delay final invoice submittal litigation * environmental delays program funding issues 2. FHWA will direct Caltrans to deobligate unexpended federal funds for any inactive projects that do not have a valid financial transaction; valid invoice, or approved justi leation. 3. Caltrans will complete the deobligation of unexpended federal funds within 90 days after the review period. For the current review period, the deobligation of federal funds must be completed by June 30, 2010. Justifications for inactive projects with less than one dollar rernaining balance will be reviewed separately on a case by case basis. Agencies are encouraged to identify their projects in this status and do one of the following: (a) Complete the project closeout documents with enclosures, as per 23 CFR, and submit the complete package to the DLAE by May 20, 2010. Simultancously, submit advance electronic copies (for information only) .without detailed backup documents to chris.jenseii@dot.ca.gov and balraj.sandhu@dot.ca.gov. Contact the DLAE for any assistance and guidance you may need to complete dus package. Do .not submit project closeout document package directly to Local Programs Accounting (LPA). (b) Submit a completed justification form to the DLAE by 1!!lay 20, 2010, explaining in detail why the project should not be immediately closed out and when the project is expected to proceed. If project is complete and close out package is in preparation, include backup documents and anticipated date of submission to DLAE:. In addition, three and six -month Look Ahead Reports (Reports) are also available on the DLA Web site. The Reports include projects that will become inactive if an invoice has not been processed and a federal financial transaction has not occurred before June 30, 2010, and September 30, 2010, respectively. In the past, those Reports provide an opportunity for agencies to be proactive in preventing; projects from becoming inactive and the potential loss of federal funds. In an. effort to minimize inactive obligations to the maximum extent possible, FHWA is moving towards a proactive approach. FFIWA has proposed to deobligate projects three days prior to the month in which they would have become inactive. Local Agencies are strongly encouraged to submit invoices for projects on the Reports also. "Caltrans Improves mohilitr across C.alifo,-nui "' Mcti- Opolitazr Plamiing Organizations ct al. 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'T p. -rl lu -0 0 O. cl 07. co C� m QD to V) Lo 1 N� o C,� ui cc� w m L) 0 0) -3 C, C7 (D oFi M C� ICD 0 m n CO CD O 10 .Q 0 to 0 m C,� 6�1 P- -P C�l m m 00 CD CD 6 w C7 to 64 to 'D cool C-4 OD m co to 5 r -7 n C) CD tn cn C4 0 (::! �, 2) C> 0 0 CD r- (D I- C> Lo 0 C; 0 N'r 0 Lri m M. Lri a0 n 0 CV o1 C7 Ifs (D r- n� U6 DD m Q6 cy� r- (D ou 'o m cq to m rl 'A iD C� 10 "t C5! T, C'� M Ic! r- 'd N C, 'n .0 o) 0) N w Vy �R R V, 1- f1l; 20 11-1: 12 -4 N co 10 W) LO 0) to N. En, Clq 0 .0 r» r I r jr iN r I C, 10) 1c, .131 TJ 5- 0 cn < D n c < 0 C> 40) G2 CL C) a, -0 Fn (D ul 2 " o V) 2. < c < -0 1 Ln cu 10 C, C: =ltI k C', 0 0 ojtq F z ID z I Attachment B For this size of a project, a complete set of plans is the standard practice. Time of completion has not been indicated in the specifications Sequencing of work has not specified {can the contractor gri nd the entire project before starting to pave? Is the contractor expected to grind a portion, pave and then move to grind and pave subsequent sections? Tiiis will have a great impact on contractor's pricing and level of convenience for the motorists. Project documents is silent on the issue of length time would be allowed between grinding and paving. This can become a major issue particularly along Ramona which is a major arterial.. Business owners will be impacted. a There are a number of items in the plans and specs which require amendment/correction: The specified thickness for grinding is 2 % inches however, the total thickness of the new pavement would be 2 % inches. This will be a change order for the grinding item. Specifications indicate a "minimum" 6 inch thick crushed aggregate base under concrete pavement. Is there a maximum? How thick of a base is the contactor expected to build? m noes the new concrete pavement get doweled into the existing adjacent concrete pavement? If so, what is the specification? Does replacement of the driveway approach (being paid on per square foot basis) include replacement of curb and gutter and adjacent pavement? If so, how will the contractor be. compensated for there? e When does the 12 month period for maintenance of landscaping begin? Specification call for repair of the sewer line for a length of "at least" 30 feet? What is the maximum length? Since compensation for this item is per each (for a 30 feet length), additional lengths of pipe to be replaced will be change ordered. It appears that the quantity of item no. 14 (ARHM) pavement is off. The specifications indicate a $10,000 allowance for design of a new entry marker. Is this allowance included in the bid item allowance? a The item for replacement of traffic markings etc, is t.S however, the supplied sketch or specifications do not indicate how many of each item (arrows, cross walks, stop bars...) Difficult to estimate and potential change order.( either indicate how many of each or in the speciflcations, or show them on the plan). Vehicle Detector cameras and loop detectors? Generally, the owner will not get full value when allowances for items of work are made rather than plans and specifications clearly and completely describe the desired item of work. This method of compensation will create a high probability for change order claims. Attachment C Answer Key For this project, a complete set of drawings is not required. There is a difference between repair work and new construction. New construction requires plan & profile design drawings to define horizontal and vertical alignments of roadway improvements. Repair or rehab work only replaces existing damaged improvements. The existing street design is being preserved. Drawings for thes@ projects, although elegant, would be redundant. The size of the project is irrelevant. More curb or less curb repairs do not define the need to produce a drawing. The time for completion of the construction is indicated in the 'Notice Inviting Bids' (this is the document that is advertised in the newspaper and which also placed in construction trade magazines), in the Bidders Proposal' which is the form that contractors fill out to submit their bids (so it can't be missed), and is pre - inserted in the Construction Contract which is included in the advertised bid documents. The time is specified as 60 working days. Sequencing of a project is typically warranted by the owner (City) when access to certain facilities is vital to health and welfare, such as closing a street in front of a fire station or police department. A job size like our Ramona projects are done with minimal sequencing such as how the Francisquito improvements were done. The cold milling (grinding) will be followed by a leveling course, which will render the roadway smooth and driveable. This is the cheapest manner of doing construction so sequencing is not an issue and therefore not needed to be specified (standard sequencing versus special sequencing). The time between cold milling and leveling course is set by the Owner via the Construction Manager at the preconstruction meeting. The shorter the time, the more cost effective to the contractor due to less clean up and less claims. This is also advantageous to the City, so this becomes a self governing issue. The City anticipates no more than one day between the end of cold milling and the leveling course, just like on Francisquito. Moreover, this issue is not a design issue, rather it is a constructability and accommodation issue to be dealt with by the CM, which is why we want a skilled and experience CM. Answers to bulleted items: • Cold milling thickness is correct at 2'/z inches. The overlay at 2 3/ will ensure a '/4 inch lip at the gutter so water runoff can get off the roadway and into the gutters. This is standard practice. No change order. • Specifications indicate a minimum 6 inches of base material (CAB) under concrete. CAB is included in the concrete pricing, therefore the contractor does not get paid for anything placed greater than 6 inches. If more than 6 inches is used, it makes the concrete even stronger and more durable. CAB is not a pay item. No change order. • Yes, tie -bars are required as called for in the specifications, standard plan 134 -1. No change order. • Driveway Approach repairs are separate and not related to Curb and Gutter repairs. These two improvements are separate pay items. The specifications indicate the Driveway Approach is 6 inches thick and does not require CAB, while the Curb and Gutter does require 6 inches of CAB. These two improvements are not monolithic, and due to the CAB requirement under the Curb and Gutter, cannot be concurrently formed with the Driveway Approach, and therefore should not be concurrently constructed. The 12 month landscape maintenance period begins after the project has been accepted by the City Council as indicated in Specifications Section 308 -6 Maintenance and Plant Establishment. The specifications call for replacement of damaged 15 inch reinforced concrete storm drain pipe. The 30 feet is the estimated replacement length. The bid item description calls for a per foot price in case it is longer than 30 feet (the bid is $200 per foot). This is simply a field adjustment of a minor bid item and is not eligible for change order. Asphalt Rubber Hot Mix tonnage is reconfirmed. The amount bid has been rounded up so the actual constructed amount does not exceed the budget. This is a prudent approach, the same as Francisquito, ■ The Specifications indicate that $10,000 is included in the overall $50,000. The monument may be designed by a consultant of our choice. ■ Traffic markings design is not changing, A shop drawing by the contractor is sufficient. There is no change order as it is a lump sum item, and the very definition of lump sum provides for no change orders. The roadway is videotaped ahead of the construction to guarantee replacement of all traffic striping and markings. Vehicle detector loops will be installed. A bid alternate was provided in case bids came in lower than anticipated, in which case the City could instead install vehicle detector cameras, and a credit would be made for the loops. This is a moot point since there are not sufficient funds for any alternates. Allowances can go both ways. If the City and Contractor cannot agree on a price for certain items (like the monument), the work may proceed under protest. Our City Inspector would then measure the time and material, and payment to the contractor would be based on established prevailing labor rates. This approach would be beneficial if our monument designer (consultant) is confident in its design. Attachment 2 Details on the Selection Process of the CM The following are the steps that Staff took in compliance with the Federal Requirements for selecting a CM. The RFP published by the City (see attached FRP) included: ❑ A scope of services along with an indication that we would be seeking a CM with creativity as some of the construction plans did not include details on the landscaping and other beautification elements of the project. ❑ The selection procedures, a proposal rating criteria /form, and a selection schedule. ❑ The RFP indicated that written proposals would be evaluated by a committee. ❑ The RFP indicated that a separate committee would evaluate Ramona A and Ramona B improvements. ❑ Clarification that the City would retain the right to award a CM contract to one firm for both projects, or may award a CM contract to two different firms, one for each project. The City established two committees: Committee A for Ramona A consisted of: • Sal Lopez • Monica Killen • Edward Torres • William Galvez (I was common to both committees) Committee B for Ramona B consisted of: • Amy Harbin • Rudy Galindo • David Lopez • William Galvez (I was common to both committees) We originally had a fifth member for each committee with Lorena Quijano, Finance Director, also participating on both committees. But due to the heavy workload of the City's budget preparation, Ms. Quijano had to withdraw from participating. ❑ The City received 14 proposals for Construction Management for each of the Ramona A and Ramona B improvements (that's 28 total — see list below). ❑ Each committee held a proposal evaluation kickoff meeting to summarize the funding and what the construction project consists of, explain the RFP, the Federal Guidelines, and the rating criteria, and to distribute the written proposals. • Written proposals were evaluated by each respective committee, and a subsequent meeting was held to tabulate the results. • From the tabulated results, due to the high number of proposals, an analysis was performed to determine if there was a consensus on the ratings of the bottom one - half of the 14 proposals. Staff stron-gly recommends not releasing any details on the bottom ratings to avoid any embarrassment of the participating firms (this is for their sake). The typical and standard practice has been to hold a meeting with firms and pass on some of the positive proposal elements that were identified, and the strengths demonstrated in the interview. ❑ Both committees independently identified the bottom eight proposals by consensus during the first round of tabulations (this is an excellent result, demonstrating the committee understood the RFP, the City's goals, and fully read the proposals). ❑ From the remaining six proposals, a consensus was not immediately reached on the top three. We discussed the differences and based on the ratings, the committee agreed the combined committee scores did result in three proposals worthy of being shortlisted. The other committee also had similar results on their top three. ❑ The two committees had two firms in common in their top three, so four firms were shortlisted to satisfy both committees' top three. At this point we informed the ten forms not invited to the interview phase that they were not short - listed. ❑ Both committees attended the interview of the top four firms, and each committee identified a top firm. ❑ Discussion amongst both committees was held to see if a single firm could be selected for both projects. A consensus was not reached, and I recommended to each committee to independently make their selection and proceed to the cost proposal phase. ❑ Cost proposals from the firms selected yielded reasonable costs, with excellent scope of work and man -hour effort. ❑ Each committee recommended that the top firm identified be engaged for CM services. The principal elements of each scope were satisfactory, and the cost was immediately deemed reasonable. We received proposals from: PBSU Transtech Willdan Engineering CivilSource, Inc. SA Associates Vali Cooper & Associates, Inc. Ghirardelli Associates, Inc. DMR Team ECM Group Axiom Corporation Savannah Tech GK & Associates AAE, Inc. Del terra The firms in italics were the bottom eight written proposals as unanimously determined by both committees. O State ®f California Secretary of State Attachment 3 A0675:046 �i.X," i 1, DEBRA BOWEN, Secretary of State of the State of California, hereby certify: That the attached transcript of page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of APR -- 2 2008 In A�- zn'le�� DEBRA BOWEN Secretary of State sec state Form GE -107 (REV 112007) kffl" OSP06 99734 t: A0675046 CERTIFICATE OF AMENDMENT OF ENDORSED - FILED ARTICLES OF INCORPORATION in the office of the secretary of Stale OF of the State of California WILLDAN APR — 2 2008 a California corporation DAVE HUNT and ROY L. GILL certify that: I . They arc the duly elected and acting president and secretary, respectively, of said corporation. 2. Article I of the Articles of Incorporation is amended to read: "ARTICLE I, NAME The name of this corporation is WILLDAN ENGINEERING." I The above amendment was approved by unanimous vote of the Board of Directors of the corporation. 4. , The above amendment was approved by the required vote of the shareholders of the corporation in accordance with Section 902 of the Corporations Code; the total number of outstanding shares entitled to vote with respect to the amendment was 100 shares of common stock, and the total number of shares voting in favor of the amendment exceeded the number of shares required, being a majority of the outstanding share of stock, IN WITNESS WHEREOF, the tuidersigned have executed this Certificate on February&, 2008. A �reSl Ent Secretary State of California VERIFICATION ss. County of Orange DAVE HUNT and ROY L, GILL, each declares under penalty of perjury that the matter set out in the foregoing Certificate is true of his own knowledge. Executed at Anaheim, California on FebruaryU, 2008. QaIiD�A ) iD W0'I�c1I�L -. =- Willdan Engineering - Google Search Web Images Videos Maps News Shopping mail more (o Wilidan Engineering About ti1,000 results (0.37 seconds) Everything Maps More Show search tools mJ t eEHa� ti °8 I E Katell ar '• "� Amhcm jar, 4.e nx Q201000O �e n - MaWdafa0o6gre Search Advanced soareh Willdan Engineering www.willdan.com 2401 East Katella Avenue Anaheim, CA 92806 -5909 (714) 978 -8200 Get directions - is this acrwate? Bus: Katella - Howell More information a Wllldan Engineering Home Wilidan Engineering is a full- service, multi - disciplinary California corporation that has served government agencies with civil engineering and planning ... www.willdan.com /EngineerMgl- Cached Wilidan Home_ Experts from our engineering, homeland, and financial services divisions ... www.wtlidan.ccm) Willdan Locations Engineering - Gary Gordon. Sacramento. 2150 River Plaza Drive, Suite 300 .., www.wlllclan.com/locations.aspx More results from wilktan.com Willdan Engineering, Inc.: Private Com an Information - BusinessW ek Get Wilidan Engineering, Inc. company research & investing information. Find executive management and the latest company developments. investing.businessweek. coin/ researchlstocks /privatelsnapshot.asp ?... - Cached IPDFI PROFESSIONAL SERVICES AGREEM.ENT.(City of Calabasas 1 Willdan ... File Format: PDF1Adobe Acrobat- Quick View Willdan Engineering. 13191 Crossroads Parkway. North, Suite 405. Industry, CA 91746- 3443 .... Wilidan Engineering plan check effort at houdy rates. — www.cilyofcalabasas.coi-nlpdf/agendagfcnuncill.- /Ite m 12- attachment -b. pdf Wilidan Group. Inc. - Management Daniel Chowwas appointed President and Chief Executive Officerof Willdan Engineering in December 2008. Prior to Willdan, Mr. Chow was the Vice President ... ir. willdangroup .comlmanagernent.cfm - Cached - Similar Willdan Group. lnc,: NASDA :WLDN uotes news - Goggle Finance Willdan Group operates in three segments: engineering services, public finance ... Daniel Chow, President and Chief Executive Officer of Willdan Engineering Show map of 2401 E Katella Ave, Anaheim, CA 92806 -5903 www. google .comlfinance ?q= NASDAQ:WLDN- Cached- Similar Wilidan Engineering Business Dire o and busines contact ... Demandbase - Willdan Engineering Business Directory and business contact information for lead generation, b2b marketing and sales prospecting. www.demandbase.com)...lwllidan _ engineerhig- business - contacts - Cached [POPj W ^WILLDAN File Format: PDF /Adobe Acrobat - Quick View Wllldan Engineering I Willdan Geotechnical I Willdan Resource Solutions I Wilidan Energy Solutions. Willdan Financial Services I Willdan Homeland Solutions ... www.2od round. netl2ndrnd wgi,pdf Willdan Appoints Daniel Chow. PE, as CEO and President of Willdan ..... President of Willdan Engineering and as an Officer of Willdan Group, ... Newspaper article from: Wireless News as CEO of Wilidan Engineering .., www. encyclopedia .comldoc /lGl- 190757904.html - Cached Willdan En ineerin Com an ro #ile from Hoover's Hoovers company profile of Willdan Engineering. Find detailed business information such as key executives, financials and other corporate data on Wilidan ... www.hoovers.comlcompany/ willdan _ engineerirg /xijtxtxkx- l.htrni - Cached tPDFJ WILLDAN ENGINEERING Schedule of Hourly_Rates File Format: PDFIAdobe Acrobat - Quick View WILLDAN ENGINEERING. Schedule of Hourly Rates. Effective July 1, 2009 to June 30, 2010. ENGINEERING. Principal Engineer $200.00. Group Manager 180.00 ... ci,rediands.ce.us) clerk) agendalstaffreportsl091000G2- att2,pdf - Sirni'sar Page 1 of 2 Attachment 4 Web History I Search settings I i n in http: / /www,google.com /search ?q = Willdan+ Engineering& sourceid= ie7 &rls =com.mierosof... 5/12/2010 Willdan Engineering - Google Search 9 2 3 4 5 G 7 s 9 10 Next Willdan Engineering Search - -------- -- ........... - — - -- ............... . Search withm results Search Help Give Lis feedback Google Horne Adverbs €ng Procgi"ams Bushess So €ut €ons Pr €vacy About Google Page 2 of 2 http: / /www.google.com /search ?q= Willdan+ Engineering& sourceid= ie7 &rls= com.microsof... 5/12/2010 Willdan Engineering - Google Search Web Images Videos MO-8 News Shopping Gmail more v G C"Al kjosk, � Willdan Engineering search Page 2 of about 61,000 results (0,26 seconds) Advanced search Statement of Qualifications Results -City of Rialto WillDan Engineering. Yang Management. Environmental Services ... Willdan Engineering. Landscape Architecture. Architecture Design Group ... www.ci.rialto.ca.us13863.htm - Cached Willdan Engineering, Anaheim CA : Reviews and maps - Yahoo! Local Willdan Engineering, Anaheim, CA: Reviews and maps - Yahoo! Local, 714.978.8200. Get Ratings, Reviews, Photos and more on Yahoo! Local. local.yahoo.comlinfo- 43621690 -wil Idan -eng ineering- anaheim - Cached [PDF] COUNCIL MEMO File Format: PDF /Adobe Acrobat - Quick View Mar 17, 2009 ... Willdan Engineering shall provide three separate packages of Plans, ... Willdan Engineering has committed to the following schedule:... www,ci. pinole.ca. usladmin/docs/cc-rda/2009l2009-03- 17 /...107G.pdf Willdan Group Inc. - Press Releases ANAHEIM, Calif., Mar 31, 2009 (BUSINESS WIRE) -- Willdan Group, Inc. ( "Willdan ") (NASDAQ:WLDN), a provider of outsourced engineering, public finance and ... ir.wiIIdangroup.com /releases. cfm - Cached - Similar Willdan Group, Inc. - FORM 10 -K - EX -21.1 - March 30, 2010 Mar 30, 2010 ... Willdan Engineering. California. 100% Willdan Group, Inc. 2, Willdan Geotechnical. California. 100% Willdan Group, Inc.... www.fags. orglsec- filings /... /Wit Ida n... Inc ... /a2197691 zex- 21 1.htm - Cached Willdan - Company Profile on Linkedln Industry, Civil Engineering. Type, Public Company. Status, Operating. Company Size, 500 employees. Founded, 1964. Website, http: / /www.wilidan.corn ... Show map of 2401 E KateNa Ave, Anaheim, CA 92806 www.linkedin.com /companies /wilidan - Cached - Similar Willdan Engineering - City of Corona - For Businesses License Details for Willdan Engineering. Back to Business Search. Name: Wilidan Engineering, License No: 631408. Issue Date: 02/12/2010, Expire Date:... www. ci.corona, ca. usli ndex. cfm ?section... pager.. 2 ... 579... - Cached Wilidan Engineering - City of Corona - For Businesses License Details for Willdan Engineering. Back to Business Search. Name: Willdan Engineering, License No: 631408. Issue Date: 0211212010, Expire Date:... www.discovercorona.conilindex .cfm ?section... page ... 2... - Cached Page 1 of 2 Web Historic I Search settings I i n in http: / /www.google.com /search ?q = Willdan+ Engineering& hl= en &rls= com.microsoft:en- us:... 5/12/2010 Willdan Engineering - Google Search Everything Willdan Group, Inc. Appoints David I-. Hunt President and CEO of... Maps Hunt joined Willdan in 1985 as senior engineer, More succeeding into the roles of supervising engineer, vice president and division manager, and later, ... www.allbusiness.coiWservices/business- Show search tools servicesl4303169- 1.html - Cached Willdan THROUGH Wille, Keith M_ MID _l_Manta Company-Profiles Willdan Engineering City Of Industry, GA Willdan Engineering Anaheim, CA Willdan Engineering El Toro, CA Willdan Engineering Ventura, CA ... www .eciiext.com /seocm /us/21023601- 21023700 - Cached Previous 1 2 3 4 5 6 7 8 9 1011 Willdan Engineering Search. Search within results Search Help Give us feedback Page 2 of 2 Sponsored links Willdan Engineerina Get Willdan Engineering Search for Willdan Engineering Ask.com See your ad here Next Google Nome Advertising Programs Business Solutions Privacy About Google http : / /www.google.com/search ?q= Willdan+ Engineering& hl= en &rls— coin.inicrosoft:en- us:... 5/12/2010 Attachment 5 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 19th day of May 2010 by and between the City of Baldwin Park, ( "City "), and Willdan Engineering ( "Consultant "). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Work" attached to and incorporated into this Agreement as Exhibit "A." Additional Agreement provisions, if any, are contained in "Additional Provisions" attached to and incorporated into this Agreement as Exhibit "D.11 2. COMPENSATION. City shall pay for the services performed satisfactorily by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Fee Proposal" attached to and incorporated into this Agreement as Exhibit "B." The total amount of compensation, including out -of- pocket expenses, for all services described in Scope of Work as set forth in Exhibit A shall not exceed One Hundred One Thousand Seven Hundred Forty Dollars ($101,740.00) notwithstanding if it takes more than the hours estimated in Exhibit B to provide those services in a satisfactory manner. 3. TIME FOR PERFORMANCE. Time is of the essence in the performance of this Agreement. Consultant shall commence and complete the services in this Agreement within the time period shown on "Schedule of Performance" attached to and incorporated into this Agreement as Exhibit "C." 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. Consultant Services Agreement Page 2 of 5 Wilidan Engineering 7, RIGHT TO UTILIZE OTHERS, City reserves the right to utilize others to perform work similar to the Services provided herein. & COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform with such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $,1,000,000 or such other amount as may be approved in writing by the City, (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: Consultant Services Agreement Willdan Engineering Page 3 of 5 (1) the City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); (2) the coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self- insurance maintained by City or its officials, officers, agents or employees shall be in excess of Consultants' insurance and not contributed with it. (3) the insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Consultant. 12, RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up -to -date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W -9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the Consultant Services Agreement Page 4 of 5 Willdan Engineering election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph °16" of this Agreement, City shall be liable to Consultant only for work performed by Consultant up to and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close -out billing. 18. LITIGATION FEES, Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. - INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) CONSULTANT Consultant Services Agreement Page 5 of 5 Willdan Engineering (B) Edwin "William" Galvez, P.E. Director of Public Works City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 23. NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. Consultant shall send a copy of all notices to the City Attorney. City Attorney: Joseph Pannone 1 Aleshire & Wynder, LLP South Bay Center, 1515 West 190th Street South Tower, Suite 565 Gardena, CA 90248 (310) 527 -6660 IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. ATTEST: City Clerk i,ma- Dated: Title: Address: Telephone: ( ) CITY OF BAL.DWIN PARK M Manuel Lozano, Mayor Dated: CONSULTANT: By: Name: Dated: Title: Consultant Services Agreement Exhibits Willdan Engineering EXHIBIT "A" SCOPE OF SERVICES The attached Scope of Work is a detailed document based on the Willdan Engineering proposal to the City dated March 15, 2090, and subsequently revised to include added services and resubmitted to the City on April 27, 2010. ° GA170 Projectsl2 C Num- Title%2009 -005 Ramona A -B Stimulus% ConslructlonlRamonaBlWilldanExhiblls 05- 05- 2010.doc VIII LLDAN Engineering Project Understanding Willdan understands that the City of Baldwin Park is seeking professional construction management consultants to perform construction management, labor compliance and materials testing services for the City of Baldwin Park's ARRA funded Street Improvement Project. These services will include construction management, inspection, office contract administration, labor compliance, material testing, and other services as outlined in the City's Request for Proposal (RFP). We understand that the proposed improvements are funded with ARRA and all work and resulting facilities shall fully conform to the requirements set forth by the ARRA funding guidelines and the Caltrans Local Assistance Procedures Manual. Project Approach & Work Plan Willdan's Construction Management Services will focus on; coordination, review, tracking, reporting, and on performing field inspections to ensure the quality of the work is in compliance with the contract documents. The Willdan team will coordinate, work and proactively assist the efforts of the general contractor in constructing the project, and maintain fluid channels of communication with the City's design consultants to technically support the construction effort and the efforts of the City in achieving a successful project completion with minimum complications. The Willdan team will review and monitor all the work as it is constructed and all supporting documentation which establishes the technical adequacy of the construction, the timely schedule of implementation, and the within budget cost of implementation. The Willdan team will track the progress and quality of construction, log and process submittals, requests for information (RFIs), requests for changes (RFCs), and contract change orders (CCOs), and reviews and resolution of all technical data and issues. The Willdan team will report to the City on the progress of construction and all technical and economic parameters of the project. The Willdan team is unique in that it is structured as an integrated unit with close communication between team members and interlocking responsibilities that provide good coverage of all elements of construction engineering, while at the same time having minimal overlap of duties to avoid misunderstandings of assigned responsibilities and to reduce costs. This structure, outlined in our scope of work, also provides a natural quality assurance /control system for the team. The resident engineer is the base for any decisions and provides assignment of specific duties on a daily basis, while monitoring the success of their fulfillment. The inspection supervisor has specific administrative duties of more close scrutiny of field activities and maintains a periodic program of field file reviews. The flow of key documents that move the project forward is the responsibility of the resident engineer, but he is freed from reviewing the routine paperwork. The inspectors have their assignments, and move the products of their reporting to the supervisors and their files. This tri -level approach has proved highly effective over the past 27 years at Willdan, because the likelihood of an item being missed or incorrect is essentially eliminated with the multi -level of control. There are many routine aspects that are common to the way every construction project is performed in terms of contract administration, construction inspection, and public relations. All of these are outlined in our scope of work. However, there are some very important areas, also mentioned in our R City of Baldwin Park Construction Management Services DWI �� Ramona A — Ramona Boulevard Roadway Preservation and Rehabilitation W1LLDAN Engineering scope of work that requires special attention that is not part of the routine process of the common Willdan's Construction Management team: 1. Institution of standard procedures for project records and procedures conforming to the highest standards for construction management is necessary to have effective claims avoidance, mitigation and resolution. Applying a uniform standard of excellence is the only way to ensure that documents are filed adequately to respond directly and in a timely manner to each situation that might impact a potential claim. Over 19 years ago, Willdan adopted, as standard procedures, the practices set forth in the Caltrans Construction Manual and in the Caltrans Bridge Construction Records and Procedures Manual, Volumes 1 and 2. 2. Schedule and cost management are priority areas for Willdan's professional construction team. Our team will be very aggressive in these areas and will continuously dedicate time and effort to very effectively keep track, review, and monitor the construction project schedule and budget. In order to exercise proper control and ensure time and cost commitments will be met, our management team will be constantly aware of the progress of the construction project. This awareness will come from first -hand field observations and inspections of the work in progress, along with detailed review and analysis of baseline and updated project schedules. 3. Thorough and timely documentation of change order circumstances is crucial both to minimize potential and/or unresolved claims and provide properly for Agency approval of change order funding. Should extra work be required, the Willdan team will revise and analyze the contractor's proposal of increased cost and time. We will evaluate the contractor's estimate of costs and proposed methods to minimize additional costs; the effects and impacts, if any, on unchanged work; time extension; and, any delay and /or disruption to the performance of the construction work. The use of a labor classification, which would increase the extra work cost, will not be permitted unless the Contractor establishes the necessity for such additional costs. An attempt shall be made to reconcile the Contractor's extra work report daily, and the Willdan and the Contractor Field Representatives shall sign it. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Separate Daily Construction Inspection Reports will be written to monitor and document the particulars associated with this extra work to keep track of the labor, material, and equipment used in connection with it. All of these procedures are standard practice for Willdan resident engineers and construction inspectors. 4. A project specific quality assurance program (QAP) is essential on complex projects to maintain orderly, cost effective and comprehensive materials quality control. The City's general QAP will be superimposed with the Caltrans Construction Manual /Local Programs Manual testing frequency tables and applied to all of the materials in the various phases of work on the construction contract. A matrix will be generated from the correlation of all these documents that summarizes in detail the testing and frequency required for every material entering the project. The City will be consulted on in relation to the intent of their QAP, The resultant matrix will provide a set of tests and frequencies that can be rigidly followed by whichever inspector happens to be overseeing any particular item of construction. All members of the team, even the Contractor will be fully aware of precisely the game plan on material testing at all points throughout the term of the project, leaving no room for error. The secondary benefit is that all of the decisions regarding testing will have been worked out before the project starts in consultations with City staff and nothing will be left to chance. I,ALDWIN P _, ..A __t�_...K City of Baldwin Park Construction Management Services 2 Ramona A — Ramona Boulevard Roadway Preservation and Rehabilitation WI LLDAN Engineering Naturally, all general aspects of the QAP will be adhered to such as using certified laboratories. 5. Implementing quality construction management procedures, such as the following, can avoid most claims: • Use of customized (Willdan standard) forms for routine communications, including a confidential potential claim communique within Agency staff. • Conduct pre -job seminars with staff and field personnel so as to become very familiar with Contract documents and terms. • Firmly enforce the rule that in any circumstance of the slightest chance of a potential claim, a notice of potential claim form must be prepared by the inspector and delivered to the resident engineer. • Avoid verbal and other informal communications of scope /time issues, but confirm in writing promptly on such occurrences, IN Respond in timely manner to Contractor's complaint and/or charge. Persevere with as many letters as necessary to create a solid paper trail. ® Date stamp all incoming correspondence. ® Consistently maintain the rule that if there is any doubt about what should be done in any situation, ask the resident engineer. Prepare /review meeting minutes ensuring accuracy and complete written representation of issues discussed at the meeting and their resolution or status, with a notation inviting participants to review and respond within the prescribed time after receipt of minutes. Prepare and properly maintain detailed, comprehensive and very descriptive daily construction inspection reports. Maintain daily photographic record to keep visual track of physical conditions and work force location and intensity. 6. Rigorous standard procedures for schedule control must be inherent in the construction management program in order to bring the project to completion in the shortest time and also with the least potential damages due to delays. IN All members of the construction management team have a standing duty to be proactive in identifying a situation that has a possibility of creating a delay. As for all situations that potentially may influence prosecution of the work in strict compliance to the contract, the item must be brought to the Resident Engineer's attention immediately. M Gather all pertinent information relevant to the problem area, analyze thoroughly and proactively work together with the City of Commerce, and the Contractor as appropriate, on mitigation measures. q Expeditiously log, track, and expedite evaluation, response and/or review of: Requests for Information (RFIs), Time Extension Requests, Requests for Substitution, and /or Requests for Change (RFCs) submitted by the Contractor. It Expeditiously log, monitor, track and expedite review and approval of submittals and /or shop drawings. 13 Closely monitor that material is procured and delivered in a timely manner. Special attention will be given to long lead items. BALDWIN r j K City of Baldwin Park Construction Management Services 3 Ramona A — Ramona Boulevard Roadway Preservation and Rehabilitation W LLDAN Engineering Date stamp all incoming correspondence. Address and document discussions and verbal agreements reached at weekly and other meetings. 13 Maintain photographic record to keep visual track of physical conditions and workforce location and intensity. If a Notice of Potential Claim (NOPC) is filed, the Willdan team will gather all of the documents, photos and pertinent information associated with the issue the claim is submitted for and prepare a meticulous and comprehensive written report determining the merit and validity of the claim and recommending the best action(s) to take for a timely, suitable, expeditious, and cost - effective resolution. A routine system of supervision of field personnel has been implemented to provide consistent, very proactive quality control of field operations. In addition to the Resident Engineer's review and direct supervision, at Willdan, our inspection supervisors routinely cycle around to all projects and review the performance and project files of the inspectors. The inspectors are also required to inform and consult with their supervisor and our construction engineering staff in the case of any potential claim on their project. On City projects, it is always of paramount importance to be cognizant of public relations. All of Willdan's Construction Management team members understand this concept and are fully aware and practice in dealing successfully with the public. This awareness comes from their day -to -day continuous work under the direct supervision of City Project Manager is naturally highly politically conscious of public relation ramifications. As part of Willdan's standard policy, the construction phase is always considered a team effort with communication a top priority between the Construction Management staff, contractor, city staff, and survey crew, Communication is the responsibility of the Resident Engineer and field inspectors to implement, coordinate, and maintain, facilitating open lines at all times, including bringing team members together at appropriate points during construction. This minimizes misunderstandings and potential disputes and/or claims. Willdan normally prepares progress reports based on weekly meetings with the contractor at which time, recent progress, material and shop /working drawings submittals, Requests for Information (RFIs), Requests for Change (RFCs), status of contract change orders, notices of potential claims (NOPCs), if any, planned progress, scheduling, special problems, and change orders are discussed. Each of these items becomes a primary heading for the minutes of the meeting, in which new business is identified and unresolved old business is reviewed. The minutes are prepared in such a way that they serve as a complete project status report and as the agenda for the following meeting, covering all items and providing the continuity such that no items are left unresolved. Scope of Work Construction Management 1. Assist City with public awareness and an information program to keep residents and local interests advised of project status, and impacts to traffic flow circulation, including answering questions from the public about the project. City of Baldwin Park Construction Management Services 4 BALDW IN Ramona A — Ramona Boulevard Roadway Preservation and Rehabilitation �___n_,_.R K W1 LLDAN Engineering 2. Prepare the construction file 3. Ensure that the Contractor distributes public construction notices and places construction and information signs. 4. Prepare special concerns to be presented at preconstruction conference. 5. Conduct meeting and prepare preconstruction conference minutes and distribute to attendees. 6. Review Contractor's safety program in consultation with City staff. 7. Through Willdan's system of project control, monitor activities related to the project, such that the project is constructed pursuant to contract documents and in a timely fashion. 8. Log, track, and process submittals, Request for Information (RFIs), Request for Changes (RFCs), Contract Change Orders (CCOs), field directives, Notices of Potential Claim (NOPCs), Non - Conformance Reports (NCRs), construction schedule, and detailed traffic control plan. 9. Closely review schedule and advise contractor to take action on schedule slippage. 10. Document Contractor's 20 -day Notices, Mechanic's Liens, and Stop Notices. 11. Assume responsibility for coordination with inspection staff and City staff. 12. Monitor and coordinate activities of design engineering support, surveying, testing, and work by utilities or other agencies. 13. Coordinate the Contractor's fieldwork with utility companies and other agencies. 14. Closely monitor ADA improvements and NPDES conformance. 15. Prepare weekly statement of working days, and submit to the Contractor and the City, 16. Establish and conduct weekly construction progress meetings to cover the following: Resolve all old business issues to the maximum extent possible. Address all items of new business as presented by any party. Review project schedule and address any deviations. ® Review submittal log in terms of items needed and resubmittals required. Also, review RFI, RFC, CCO, NCR, and NOPC Logs. List status of construction items recently undertaken or ongoing. List planned construction items for following 2 weeks, usually known as Two -week Look Ahead Schedule. ® Go over SWPPP issues. Review Contractor's safety program. 17. Prepare minutes for the weekly construction progress meeting. 18. Provide claims mitigation monitoring, including proactively applying foresight to discover unforeseen conflicts, prior to contractor encounter. 19. Evaluate and respond to Contractor's requests for clarification of plans and specifications. 20. Assure that all questions, conflicts, and issues are immediately brought to City's attention and addressed, with appropriate directives to Contractor. 21. Conduct special site meetings, when necessary, with Contractor and City staff to review job progress, scheduling, and coordination. 22. Perform quantity, time and cost analysis required for negotiation of contract changes. BALDWIN Iy I n Tt K City of Baldwin Park Construction Management Services Ramona A — Ramona Boulevard Roadway Preservation and Rehabilitation WILLDAN Engineering 23. Negotiate and prepare of change orders, including memorandum of explanation, including cost estimates to substantiate change order costs, and provide for review by City. 24. Monitor and perform immediate and thorough analysis of validity of all potential claims that may arise. 25. Maintain all data for change orders, and record information with regard to the time of dispute, time of notification by the Contractor, and action taken by the inspector. 26. Monitor materials documentation and testing results and enforce corrections. 27. Review for approval Contractor's progress payment requests, including verifying CDBG compliance status impact on payment. Negotiate differences over amount with Contractor and process payments through the City Project Manager. 28. Monitor preparation of punch list at substantial completion, and follow up. 29. Routinely review construction files to ensure conformance to agency standards and good construction management practice. 30. Ensure City received as -built set of drawings at completion. 31. Assist City with Stop notices and Release of Retention. 32. Provide memorandum of clearance to issue Notice of Completion, 33. Finalize and deliver all construction files and supplies to the City for archives. 1. Review plans, specifications, and all other contract and construction related documents. 2. Conduct a field investigation of the project area to become familiar with the existing facilities and the project environment. 3. Become familiar with traffic control plans, construction schedule, construction sequence, and permit requirements from other agencies. 4. Verify that the Contractor conforms to design survey line and grades. 5. Attend weekly progress meetings with the Resident Engineer, Contractor, and subcontractors. 6. Provide full -time and as- needed construction inspection including night work, of the work to monitor materials and methods toward compliance with plans, specifications, and contract documents; address and document non- conforming items as they are discovered. 7. Monitor compliance with Cal OSHA requirements and compliance with all local, state, and federal regulations. Although Willdan will monitor the activities, it is the contractor's sole responsibility to provide their workers with a safe working environment. 8. Provide the City's Labor Compliance Officer with CDBG compliant labor and equipment reports, CDBG compliant labor classification interviews, and assist with certified payroll review. 9. Monitor compliance with the Clean Air Act and the Clean Water Act (National Pollutant Discharge Elimination System — NPDES best management practices). Also, monitor contractor's compliance with approved SWPPP. 10. Meet with the Contractor at the beginning of each day and review proposed work plans, including specific details that may affect progress. 11. Conduct daily measurements of quantities of work with the Contractor. " BALDWIN r A rz h City of Baldwin Park Construction Management Services 6 Ramona A — Ramona Boulevard Roadway Preservation and Rehabilitation WILLDAN Engineering 12. Review actual Contractor performance throughout the day and discuss discrepancies with the Contractor as they occur. 13. Assist in coordination of engineering support, surveying, specialty inspections, and fieldwork by utility companies. 14. Ensure compliance of Underground Service Alert notification /delineation. 15. Attend meetings with City staff, merchants, engineer, Contractor, and the Resident Engineer, as needed. 16. Evaluate the Contractor's operation and production with respect to quality and progress, and report to the Resident Engineer. 17. Photograph continuous property frontages along street alignment once prior to construction and once immediately following construction, and store in three -ring binder for permanent reference. 18. Maintain a photographic record of key elements of each major operation of work each day, with increased detail in situations of potential changes or claims. 19. Closely monitor testing results and require the Contractor to provide corrective measures to achieve compliance. 20. Maintain copies of all permits needed to construct the project and enforce special requirements of each. 21. Prepare and maintain detailed daily diary inspector reports on construction progress. 22. Prepare clear and concise letters and memoranda, as needed. A solid paper trail will be established. 23. Maintain field file bound workbooks during construction, including a cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs, and other documentation. 24. Review the construction schedule and enforce requirements for updating schedules and maintaining appropriate progress of the work. 25. Analyze delays and review claims on a timely basis and make recommendations to the Resident Engineer. 26. Review and evaluate requests for change of work. 27. Provide complete measurements and calculations documented to administer progress payments. 28. Maintain and submit a clean set of plans marked in red for as -built corrections on record drawings to be filed with the City. (City's Design Consultant will transfer the Contractor's record drawings to original Mylar drawings.) 29. Prepare punch list at substantial completion and follow up with the Contractor regarding progress of corrections. 30. Schedule final inspection with the City and applicable agencies; prepare, distribute, and inspect corrections to the final punch list for completion; recommend final acceptance. 31. Prepare documentation for final payment to the Contractor. 32. Upon project completion, provide the finished set of project workbooks to the City. " BALDWIN City of Baldwin Park Construction Management Services 7 Ramona A — Ramona Boulevard Roadway Preservation and Rehabilitation WILLDAN Engineering 1. Assist the City, if necessary, in preparing a resolution to execute the Program Supplement Agreement, and transmit the City - executed agreement and certified resolution to Caltrans (Sacramento) for their execution. City will provide copies of all previous submittals to Caltrans, environmental approval, E -76, Caltrans Finance Letter, and executed Program Supplement Agreement. 2. Send a copy of the Notice of Pre - construction Meeting to Caltrans. 3. Prepare the Award Cover Letter, Local Agency Contract Award Checklist (LAPM Exhibit 15- L), and Local Programs Agreement Checklist (LAPM Exhibit 4 -A). 4. Prepare the Detail Estimate and Summary (LAPM Exhibit 15 -M), and Finance Letter (LAPM Exhibit 15 -N) based on the low bid. 5. Obtain from the contractor, the Local Agency Bidder — UDBE Commitment (Construction Contracts) - (LAPM Exhibit 15 -G1) and Local Agency Bidder — DBE Information (Construction Contracts) - (LAPM Exhibit 15 -G2) based on the low bid. 6. Prepare the Resident Engineer's Construction Contract Administration Checklist (LAPM Exhibit 15 -13) to help the local agency with the administration of the Federal -aid project. 7. Submit to Caltrans DLAE item nos. 3 through 6 along with the following provided by the City: the engineer's final opinion of probable construction cost, contractor's bid, bid analysis, executed contract, and the as- advertised PS &E. & Prepare up to two (2) Progress Invoice (LAPM Exhibit 5 -A) based on the contractor's contract progress reports, construction engineering consultant invoices, and design consultant invoices and submit to Caltrans DLAE with the following items provided by the City: the City's invoice and copies of the contractor's contract progress report, construction engineering consultant invoices, and design consultant invoices. 9. Prepare the Federal Report of Expenditures Letter and the Report of Expenditures Checklist (LAPM Exhibit 17 -A) based on the Statement of Working Days. 10. Prepare the Local Agency Final Inspection Form (LAPM Exhibit 17 -C) to initiate Caltrans' job site review and verification of completion of the project. 11. Prepare the Materials Certificate (LAPM Exhibit 17 -G) to show that the results of the tests on acceptance samples indicate that the materials incorporated in the construction work and construction operations controlled by sampling and testing were in conformity with the approved plans and specifications. 12. Prepare the Final Invoice (LAPM Exhibit 5 -A), Final Detail Estimate and Summary (LAPM Exhibit 15 -M), and Change Order Summary (LAPM Exhibit 17 -E) based on the contractor's final contract progress report, construction engineering consultant final invoices, and design consultant final invoices provided by the City. 13. Submit to Caltrans DLAE item nos. 9 through 12 and attach the following items provided by the City: Local Assistance - Federal - Final Report - Utilization of DBE, First Tier Subcontractors (LAPM Exhibit 17 -F), DBE Certification Status Change (LAPM Exhibit 17 -0), contractor's final contract progress report, construction engineering consultant final invoices, and design consultant final invoices to initiate timely project closure and payment. 14. Include documents and submittals in a Federal Funding File and make a hard copy or PDF formatted file on a CD for the City. ...................... . City of Baldwin Park t Construction Management Services I.iALDW IN Ramona A — Ramona Boulevard Roadway Preservation and Rehabilitation i' A R 1 WI LLDAN Engineering 1. If applicable, attend pre -bid conference to present general requirements of bid preparation for the project. 2. Verify applicable wage determination ten (10) days prior to bid opening; document verification as required. If wage determination has changed from what appears in project specifications, provide addendum and proof of receipt by bidders. 3. Verify eligibility of selected contractor and its subcontractors to receive contract awards by confirming current, active license status with Contractors State License Board and non- appearance on Federal List of Parties Excluded (debarment list). 4. Attend preconstruction conference to present federal labor compliance requirements to contractor and subcontractors; prepare minutes and attendance record thereof. 5. Verify and document job -site posting of wage rate information and labor compliance posters. 6. Receive and review labor compliance documentation from public works observers or inspectors and compare with contractor - submitted documents. Monitor weekly payroll documentation on a continuous basis, including certified payroll reports, fringe benefit statements, apprenticeship documentation, and payroll deduction authorizations. 7. Follow up with contractor by telephone and /or certified mail regarding required document submittals and payroll discrepancies. S. Coordinate with City staff the withholding of progress and/or retention payments if contractor fails to abide by labor compliance requirements. 9. Receive, pursue, and document labor complaints; recommend special action to be taken if contractor continuously fails to comply with requests and requirements. 10. If applicable, assist City in obtaining grant progress information from contractor(s) for preparation and submittal of electronic reporting documents FHWA1585 and FHWA1587 as required by the American Recovery and Reinvestment Act of 2009 (ARRA). 11. Maintain content and format of federal labor compliance file in conformance with applicable government requirements. 12. Coordinate project file reviews by authorized county, state, and federal agencies. 13. Submit complete federal labor compliance file to City for retention. (Note; federal labor compliance files are to be retained for a period of not less than three (3) years.) Material Testing The Materials Testing consultant shall perform the following services. 1. Conduct all testing in a Caltrans Certified Laboratory, or equivalent. 2. Provide a qualified technician as necessary to conduct density tests on asphalt concrete, as required. The tests will be performed with a nuclear densometer in accordance with ASTM D2922/Ref. CT. Tests, Maximum density curves (ASTM D1557 /Ref. CT. Test) provided by the Asphalt Plant shall be used for relative compaction. 3. Keep records of all samples and tests in the project files as permanent job records. Materials incorporated into the project, represented by failing tests, shall also be documented in the project files. .............. City of Baldwin Park Construction Management Services 9 BALDWIN Ramona A— Ramona Boulevard Roadway Preservation and Rehabilitation PI A, R K. WILLDAN . ". " W1, Engineering 4, Consultant shall use the most economical mode of transportation available consistent with the time element involved. 5. Any Non - Compliance results of materials shall be reported to the City's Representative (Inspector) within twenty -four (24) hours from the time of sampling. Landscaping 6. Assist City with Selection of new street trees. 7. Assist City in determination of which trees should be removed and replaced. 8. Inspect and tag replacement trees to ensure proper species and trunk size. Willdan recognizes the importance of meeting Federal guidelines for DBEIUDBE participation; therefore, we will utilize the services of two subconsultants, DMS Engineering (DBE) and APE Engineering and Testing (UDBE). DMS will provide CM and RE services and AP Engineering will provide material testing services for the project. Detailed information concerning both of the subconsultants can be found in the appendix section of our proposal. i3Af.D 1N I'r1 R ....... K City of Baldwin Park Construction Management Services 10 Ramona A — Ramona Boulevard Roadway Preservation and Rehabilitation Consultant Services Agreement E=xhibits Willdan Engineering EXHIBIT "B" SCHEDULE OF COMPENSATION Contract Sum For the services described in Exhibit "A" to the Agreement, City shall, in the amounts, by the method, and at the times set forth, pay Consultant as follows: Consultant's compensation shall be a fee not to exceed One Hundred One Thousand Seven Hundred Forty Dollars ($101,740.00), including out of pocket expenses, for all the services described in the Scope of Work as set forth in Exhibit "A," notwithstanding if it takes more than the hours estimated in Exhibit "B" to provide those services in a satisfactory manner. Compensation will be based on the attached Fee Summary which shows the compensation amount for each of the project phases. Change Orders and cost extras impacting Consultant's compensation shall not be allowed unless specifically provided for and approved by the City prior to initiating any corresponding effort by the Consultant. BILLING. City will be invoiced monthly for progress payments. At the end of each calendar month in which services are performed or expenses are incurred under this Agreement, Consultant shall submit an invoice to the City at the following address: Edwin "William" Galvez, Director of Public Works City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 The invoice submitted pursuant to this paragraph shall show the: 1) project name /description; 2) name and hours worked by each person who performed services during the billing period; 3) the title /classification under which they were billed; 4) the hourly rate of pay; 5) actual out -of- pocket expenses incurred in the performance of services; and 6) other such information as the City may reasonably require. METHOD OF PAYMENT. Payment to Consultant for the compensation specified above shall be made after the City's determination that the billing submitted as specified above, accurately reflects work satisfactorily performed. City shall pay Consultant within thirty (30) days therefrom. GA170 Projeclsl2 C Num- T1I1e120 0 9 -00 5 Ramona A -8 Stimulus%5Ccnstruclion4RamonaB3 WilidanExhibits 05- 05- 2010.doc _ U) C l a CL H WLLL LL. e 0 w t g u s a ro o o a o roL n �O ro w � m ro n N �o 9 LA o m o 70 G E 0 0 0° x 0 0 0 0 0 J C3 N LO fo V C] O O O O (n 0 N d. 6m 9N �r CaI � p 0 0 64 fR co � w 0 0 0 0 0 0 0 0 0 p LO M LO to d3Q OER 00 U) W EANKi CL K (fl LU O 1000 O 4� r) 0 O 0 0 '43 0 a0 o P Q 0 E» 0 rn p {O. 00 f(—o O h N D pm N0 ° 06 n 69 (a 0) J fn M V 0°0 to co d0' r ems- V 000 00 N •-- N � {O V U c � L u 'O eeyy U c c L m a 0) �° £ 0 U L L U N 0 O 00 (O r q N (L O a `O LO N G C a 10 J CYI ^ Lo ti �yUl❑ � F C C yy N r 0 N� W GI �j Nt1 C m N N c�LLI �+ N N N cc Q! LU CD.. � co N C Q a' Lu L N N N (0 Y d� o o c CL � V Z od Q O Lucawia0i Ly > yaR(nun ,ro m N m m ❑ v aJ U1 a2 2? aJ! v ucceiyr'na� V1 N L 61 O N ++ 0 — aL.cic°»L)223a° u s a ro o o a o roL n �O ro w � m ro n N �o 9 LA o m o 70 G E Consultant Services Agreement Exhibits Willdan Engineering EXHIBIT "C" SCHEDULE OF PERFORMANCE Consultant shall perform the services described in Exhibit "A" to the Agreement within the time period(s) set forth as follows: Consultant shall commence the services described in the Scope of Work upon the City issuance of a Notice to Proceed (NTP) which shall be at the City's discretion but no later than 60 days from the execution of the Agreement. Consultant shall complete the Construction Management Scope of Work in parallel with the construction activities which are specified to be completed within 60 working days from the start of construction. Construction Management prior to and after construction will also be required, and this is anticipated to take an additional 30 calendar day to complete. GA170 Projedsl2 C Num- Ti1102009 -005 Ramona A -8 Sfimulusl5Conslruclion %Ramonab\WilldanExhibils 05- 05- 2010.doc Consultant Services Agreement Exhibits Willdan Engineering EXHIBIT r`D" ADDITIONAL PROVISIONS N one GA170 Projactsl2 C Num- TitTo42009 -005 Ramona A -t3 Stimu} us55ConslructionlRamonaBlWilldanExhibfis 05- 05- 2M.doc CITY COUNCIL AGENDA MAY 19 IA � BALDwIN ITEM No. P n ' R- K CITY OF BALDWIN PARK STAFF REPOR TO Honorable Mayor /Chair and Members of the City Council, Community Development Commission and Housing Authority FROM: Vijay Singhal, Chief E, ecutive Officer /Executive Director Executive Team DATE: May 19, 2010 SUBJECT: Fiscal Year 2010/2011 City, Community Development Commission and Housing Authority Budget PURPOSE The purpose of this report is to present the Fiscal Year 201012011 budget for City Council /Community Development Commission /Housing Authority consideration; review and approval. BACKGROUND Our nation and the entire world continue to struggle with this major economic downturn which has become the worst recession since the great depression. Many organizations are struggling to balance their budget by implementing program cuts, furloughs and/or are potential lay offs, pay reductions, and are using reserves or other drastic measures such as reducing services. The economic downturn has resulted in lower revenues, job losses and lots of uncertainty. Despite these unprecedented economic challenges we are pleased to once again present a balanced budget for the Fiscal Year 201012011. DISCUSSION At the Special City Council Study Session held on April 26, 2010, staff discussed and presented the Budget Presentation and provided the City Council with the Proposed Budget and with the Budget Message for Fiscal Year 201012011; these have been included as attachments for your review (the Budget Message was revised based on the April 26, 2010 recommendations). The following are the major highlights of the 2010/2011 budget: ➢ Balanced budget with a small surplus of $89,820 in the General Fund ➢ No program cuts or reductions ➢ Proposes 17 million investment to improve city's streets and infrastructure and other capital projects 2010/2011 Budget Staff Report May 19, 2010 Pacae 2 ➢ Maintains several new programs that were implemented in 2009/2010 in order to maintain Council's desire to: • Make the city safer • Assist local businesses and residents deal with challenges of current crisis • Develop green programs • Promote jobs, training and programs for local youth • Enhance customer service, implement programs to improve quality of life and continue to make the city a highly effective organization. As shown in the table below, for Fiscal Year 2010/2011 total city resources are expected to be $73,872,462 and the total outlay is expected to be $75,461,043. For the coming year, the General Fund resources will exceed the General Fund outlay by approximately $89,820 ($5,356,646 Beginning Balance at July 1, 2010 minus $5,446,466 Ending Balance at June 30, 2011). To improve the City's infrastructure and enhance the Community as a whole the budget includes approximately $17 million in Capital Outlay. This capital spending is funded from grants and other restricted resources. The capital expenditure includes $4,085,500 of capital spending which will be paid from resources accumulated in prior years that were designated for capital projects. The following table shows the City's 2010/2011 Budget: Funds Beginning Balance July 1, 2010 201012011 Resources 2010/2011 Outlay Ending Balance June 30, 2011 General Fund 5,356,646 24,866,000 24,776,180 5,446,466 General Fund Supported /Subsidized Funds 359,427 6,172,100 6,064,350 467,177 Other Funds (Restricted, CDC, Housing & Finance Authority) 27,188,289 40,972,162 38,672,813 29,487,638 Subtotal 32,904,362 72,010,262 69,513,343 35,401,281 Traffic Congestion Relief (Prop 42) and Prop C Funds: Capital Projects from Capital Funds - received in prior years* 5,087,620 4,085,500 1,002,120 FY 2010/2011 Resources /Outlay 202,400 1,862,200 1,862,200 202,400 Subtotal 5,290,020 1,862,200 5,947,700 1,204,520 Total City 38,194,382 73,872,462 75,461,043 36,605,801 * These balances represent Capital Funds that have been received and accumulated for Capital Projects. It is estimated that on July 1, 2010 Prop C and Traffic Congestion Relief Funds will have a combined beginning balance of $5,290,020, of which $4,085,500 will be used for Capital Projects in FY 2010/2011 (the $4,085,500 will fund the Transit Center and Street Improvement Projects). 2010/2011 Budget Staff Report May 19, 2010 Page 3 Due to the bad economy, we have experienced significant revenue declines, especially in Sales Tax and Property Taxes. However, the City's conservative approach to spending, numerous operational changes and improvements implemented over the past few years combined with new revenues and additional cost reductions have allowed us to once again prepare a balanced budget. The City's proactive efforts have focused not only on improving fiscal condition but on improving the city's overall organizational effectiveness and program efficiencies. This restructuring, which is on- going, focuses on waste reduction eliminating non -value adding activities, streamlining operations, aligning resources with priorities and matching talent with needs to result in optimum utilization of resources and produce greater overall effectiveness. We are very proud that in these tumultuous times when good fiscal news is hard to come by, the City of Baldwin Park is fiscally strong as it continues to provide exceptional customer service and programs to the community. Even though we have a balanced General Fund budget, the current economic crisis combined with the State's budget problems will continue to pose fiscal threats. The budget anticipates a conservative approach to revenues; however, any additional adverse economic impacts, further declines in revenues or impacts as a result of the State's budget crisis could impact the budget. As discussed in detail in the budget message, these challenges and threats require that we continue to be very conservative with our spending and that we monitor our revenues. Even with an economic recovery the growth is expected to be modest, therefore there is a critical need to further identify and implement innovative business practices and creative ideas to more effectively meet demands for services with fewer resources. We will be looking at ways to improve efficiency even further. Our goal is to continue to provide quality service to the community. We are proud to say that the City has done an outstanding job at meeting community's needs so far by preserving, maintaining and even enhancing programs and services despite the worst economic times and we are committed to doing so in the future. Budget details, including details of revenues and expenditures, and the city's performance are provided in the budget message and budget document. Besides having a balanced budget and significantly improved fiscal performance, we are very proud of the City's numerous other accomplishments such as: Our crime rate has declined and continues to decline • The traffic accidents have declined • City operates with significantly lower staff in almost all departments while providing comparable or better level of service (compared to comparable cities, we have one of the lowest staffing) • Our reserves and cash position has improved significantly 2010/2011 Budget Staff Report May 19, 2010 Paqe 4 On February 22, 2010, staff presented some of the above goals and accomplishments during the Goal Setting City Council meeting; this presentation is also attached. We want to thank every city staff member for their commitment and hard work. We also want to thank the Mayor and Council for their vision, direction and support for staff's efforts and strong commitment for the community's wellbeing. As a result of the City Council's support combined with very motivated and committed team of staff members, we are confident that our collective efforts will make Fiscal Year 2010/2011 an even better year in a very exciting journey for the City of Baldwin Park. FISCAL IMPACT As noted in the budget document. RECOMMENDATION It is recommended that the City, Community Development Commission and Housing Authority conduct a public hearing and following the public hearing approve the fiscal year 2010/2011 budget as presented or amended and waive further reading, read by title only and adopt Resolution Nos. 2010 -019 (City); 456 (CDC); and HA 2010 -004 (Housing Authority), respectively. Attachments: 1. Resolutions 2, Budget Memorandum 3. Proposed Budget Document 4. Budget Power Point presentation dated April 26, 2010 5. Goals Power Point presentation dated February 22, 2010 RESOLUTION NO. 2010 -019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2010 AND ENDING JUNE 30, 2011 THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the City of Baldwin Park for the fiscal year commencing July 1, 2010 and ending June 30, 2011, is hereby adopted as prepared and submitted by the Chief Executive Officer and as modified by the City Council for said fiscal year. A Budget is attached to this Resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several departments, offices, and agencies for the respective objects and purposes therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable ordinances of the City and statutes of the State. SECTION 3. That the authority granted for making expenditures from other than the General Fund shall be limited to the actual amount of money received from the source of funds indicated in the Budget for each department, section, or purpose, and no liability upon the General Fund is assumed or can be imposed in excess of such amounts as may be provided therefore in this Budget from the General Fund. In the event that the amounts of money received and credited to the special funds exceed the amount herein estimated, such excess receipts shall be considered deferred allocations in such special funds, contingent upon such receipt and no expenditure thereof made except under the provisions as provided by law or ordinance. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the City Council by a majority vote of a quorum of the City Council. Resolution No. 2010 -019 Page 2 (B) For transfers of appropriations within the same cost center program, such transfers in an amount less than $10,000 may be approved by the department head, and such transfers up to $15,000 may be approved by the Chief Executive Officer. For amounts greater than $15,000, City Council approval is required. (C) Transfers up to $15,000 between cost center programs may be approved by the Chief Executive Officer. For amounts greater than $15,000, City Council approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations must be approved by the City Council by a majority vote of a quorum of the City Council. (F) All transfers made pursuant to the above provisions shall be submitted to the City Council for informational purposes. SECTION 5. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 19th day of May 2010. MANUELLOZANO MAYOR Resolution No. 2010 -019 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, LAURA M. NIETO, CIVIC Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a special meeting of the City Council on May 19, 2010, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS LAURA M. NIETO, CIVIC DEPUTY CITY CLERK Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco, and Mayor Manuel Lozano NONE NONE NONE RESOLUTION NO. 456 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2010 AND ENDING JUNE 30, 2011 THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the Community Development Commission of the City of Baldwin Park for the fiscal year commencing July 1, 2010 and ending June 30, 2011, is hereby adopted as prepared and submitted by the Executive Director and as modified by the Development Commission for said fiscal year. A Budget is attached to this Resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several departments, offices, and agencies for the respective objects and purposes therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Commission Members is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner. (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Commission Members by a majority vote of a quorum of the Commission. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 maybe approved by the Chief Executive Officer. For amounts greater than $15,000, Commission Members approval is required. (C) Transfers up to $15,000 between cost center programs may be approved by the Chief Executive Officer. For amounts greater than $15,000, Commission Members approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same funds. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations (F) Resolution No. 456 Page 2 must be approved by the Commission Members by a majority vote of a quorum of the Commission. All transfers made pursuant to the above provisions shall be submitted to the Commission Members for informational purposes. SECTION 5. The Agency hereby determines that the planning & administrative expenses provided in the budget to be made from the Low Moderate Income Housing Fund are necessary for the production, improvement or preservation of low and moderate income housing. SECTION 6. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 19th day of May 2010. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK MANUEL LOZANO, CHAIR I, LAURA M. NIETO, CMC, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the Chair and Board Members of the Community Development Commission of the City of Baldwin Park at a regular meeting of the Community Development Commission on May 19, 2010, by the following vote: AYES: MEMBERS: Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco, and Mayor Manuel Lozano NOES: MEMBERS: NONE ABSENT: MEMBERS: NONE ABSTAIN: MEMBERS: NONE LAURA M. NIETO, CMC DEPUTY CITY CLERK RESOLUTION NO. HA 2010 -004 A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2010 AND ENDING JUNE 30, 2011 THE HOUSING AUTHORITY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DO RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the Housing Authority of the City of Baldwin Park for the fiscal year commencing July 1, 2010 and ending June 30, 2011, is hereby adopted as prepared and submitted by the Executive Director of the Housing Authority and as modified by the Authority Board for said fiscal year. A Budget is attached to this resolution for adoption as presented. SECTION 2. That from and Budget, the several amounts stated deemed appropriated to the several after the effective date of the adoption of said therein as proposed expenditures, shall be line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (C)Transfers up to $15,000 between line items may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (D)AII transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. Resolution No. HA 2010 -004 Page 2 (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations must be approved by the Authority Board by a majority vote of a quorum of the Authority Board. (F) All transfers made pursuant to the above provisions shall be submitted to the Authority Board for informational purposes. SECTION 5. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 191' day of May 2010. MANUELLOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, CMC, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the Members of the Housing Authority of the City of Baldwin Park at a regular meeting of the Housing Authority on May 19, 2010, by the following vote: AYES: MEMBERS: Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tem Ricardo Pacheco, and Mayor Manuel Lozano NOES: MEMBERS: NONE ABSENT: MEMBERS: NONE ABSTAIN: MEMBERS: NONE LAURA M. NIETO, CMC DEPUTY CITY CLERK Honorable Mayor /Chair and Members of the City Council, Community Development Commission and Housing Authority: We are very pleased to present to you for review and approval the Proposed Budget ( "Budget ") for the City of Baldwin Park ( "City ") for Fiscal Year 2010 -11. The table below shows the Budget Summary for the General Fund and the City as a whole: Funds General Fund General Fund Supported /Subsidized Funds Other Funds (Restricted, CDC, Housing & Finance Authority) Subtotal Traffic Congestion Relief (Prop 42) and Prop C Funds: Capital Projects from Capital Funds received in prior years* FY 2010/2011 Resources /Outlay Subtotal Beginning - 4,085,500 1,862,200 1,862,200 1,002,120 202,400 Ending Balance 2010/2011 2010/2011 Balance July 1, 2010 Resources Outlay__ June 30, 2011 5,356,646 24,866,000 24,776,180 5,446,466 359,427 6,172,100 6,064,350 46 7,17 7 27,188,289 40,972,162 38,672,813 32,904,362 72,010,262 69,513,343 29,487,638 35,401,281 5,087,620 202,400 - 4,085,500 1,862,200 1,862,200 1,002,120 202,400 5,290.020 1,862,200 5,947,700 1,204,520 Total Citv 38,194,382 73,872,462 75,461,043 36,605,801 * These balances represent Capital Funds that have been received and accumulated for Capital Projects. It is estimated that on July 1, 2010 Prop C and Traffic Congestion Relief Funds will have a combined beginning balance of $5,290,020, of which $4,085,500 will be used for Capital Projects in FY 2010/2011 (the $4,085,500 will fund the Transit Center and Street Improvement Projects). (Resources include revenues and transfers in and outlay includes expenditures and transfers out; details by fund type are provided in Attachment -1) As shown in the table above the General Fund Budget is balanced and it is estimated that the beginning balance will increase by approximately $89,820 ($5,356,646 Beginning Balance at July 1, 2010 minus $5,446,466 Ending Balance at June 30, 2011). CITY OF BALDWIN PARK, 14403 EAST PACIFIC AVENUE , BALDWIN NARK � CA - 91706 - (626) 960 -41011 fAX (626) 962 -2625 2010/2011 Budget Memorandum The FY 2010 -2011 budget strives to ensure that the City will live within its means and that projected revenues equal or exceed operating expenditures. With that said, the budget includes $17 million in Capital Projects that will enhance our community, of this amount $4,085,500 will come from resources that were not used in FY 200912010. We are very proud that in these tumultuous times when good fiscal news is hard to come by, the City of Baldwin Park is fiscally strong, with a balanced budget and a strong fiscal performance. While we have managed to survive the unprecedented economic crisis facing our nation, which has caused significant adverse impacts on businesses, consumers and local and state governments we have suffered impacts as well. Our revenues have declined, resulting in lower revenues available for 2010/2011 budget. We have also experienced costs increases and an increase in demands for services. Some of the revenue declines have been offset by increases in certain revenues such as Waste Management Franchise and construction related revenues. The budget proposes several additional measures to offset lower revenues; these include reductions in spending on meetings, conferences, materials, supplies and consultant services. The budget also proposes alignment of some revenues with expenditures in order to offset increased costs by proposing fee increases in both animal control services and false alarm services. The budget also proposes allocations of some eligible costs to grants and other eligible sources such as the asset seizure fund. The budget anticipates that 17 (non - sworn) positions that are currently vacant will remain vacant during the year. Most of these positions have been vacant for several years. While the cost of these positions is included in the budget, a negative amount identified in the budget as management resource has been included to generate expenditure reductions. There is however, some funding available to offset the cost of part-time staff that will be required to maintain some of these functions. Maintaining fiscal stability and managing operations without going in the red is not an easy feat, especially in such tough economic times. However, our success is the result of our proactive approach and our ability to accept challenges and develop strategies which focus on service and the community's well being. Few years ago we identified signs of potential fiscal stress and implemented numerous measures to increase revenues, reduce spending and improve organizational efficiency. As a result, we have not only been able to survive this economic storm without causing adverse impacts on services and staff but also maintained services and programs including numerous program enhancements that our community deserves and desires. These past efforts combined with additional efforts identified in the budget are likely to help the City successfully navigate through the economic storm. The City's highly committed and motivated staff embraced the fact that there were fewer resources and implemented creative ways to not only maintain existing programs but also implement several new programs. We expect and hope that the worst of the economic storm may be behind us. While we may not have hit the bottom, we feel that we are close to the bottom and soon we shall level off and head towards a recovery phase, however, we believe that the recovery shall be long and shallow. It is therefore important that our focus continues to be on fiscal stability and on maintaining operational and organizational stability and effectiveness. IE 2010/2011 Budget Memorandum This would ensure that as the economy recovers the City will be in a much better and stronger position to benefit from the economic upturn. With this in mind the Fiscal year 2010/2011 budget preserves and maintains all programs and services and proposes no impacts on staff. This Budget Memorandum discusses the following topics: Fiscal Year 2010 -2011 BUDGET OVERVIEW This section discusses revenues, expenditures for the General Fund and the City as a whole and also includes a discussion on reserves. II. FY 2010 -2011 CAPITAL IMPROVEMENT PLAN III. IMPACT OF STATE BUDGET IV. FUTURE CHALLENGES V. ECONOMIC STABILITY - A HISTORICAL PERSPECTIVE I. FISCAL YEAR 2010 -2011 BUDGET OVERVIEW The FY 2010/2011 budget reflects our ongoing commitment to long term fiscal stability. For Fiscal Year 2010/2011 total city resources are expected to be $73,872,462, which include $69,827,959 in revenues from external sources and $4,044,503 in transfers between city funds. The total outlay is expected to be $75,461,043, which includes expenditures of $71,416,540 and transfers of $4,044,503 between funds. The total expenditures include $4,085,500 of capital spending which will be paid from resources accumulated in prior years that were designated for capital projects. To improve the City's infrastructure and enhance the Community as a whole the budget includes approximately $17 million in Capital outlay. This capital spending is funded from grants and other restricted resources. The proposed 2010/2011 budget also incorporates the budgets for the Financing Authority, Community Development Commission, and Housing Authority which has been made possible with the City's implementation of the new financial system upgrade. For the coming year, General Fund revenues will exceed General Fund expenditures by $1.6 million; however, several funds require financial support from the General Fund and after transfers from the General Fund to those funds requiring support, the General Fund revenues exceed expenditures by $89,820 (less than 0.5% of revenues). The economic downturn, which has impacted the entire nation, will cause FY 2010/2011 revenues to be significantly lower compared to the 2009/2010 budget. Like many other cities, our City had begun experiencing these declines; however, we have been able to successfully strategize on ways to combat these negative trends by increasing some revenues and by reducing several expenditures. Details of revenue and expenditure changes are discussed in subsequent sections. iii 2010/2011 Budget Memorandum The budget identifies 190 full time positions (excluding elected positions). However, there are 17 non -sworn positions that are currently vacant and are expected to remain vacant during the current year and probably next year or until a reasonable economic recovery occurs (most of these positions have been vacant for several years). The budgeted staffing for the Fiscal Year 2010/2011 is therefore expected to not exceed 173 positions. The budgeted positions are 48 positions or approximately 22% lower than the FY 2005/2008 budgeted and filled positions. These vacant positions are not expected to have an adverse impact on services or programs as long as the service expectations stay at current levels. New programs, service enhancements or change in priorities may create a need to adjust program and service levels. As a result of the City's restructuring efforts in the past combined with staff's motivation and hard work we have generated significant efficiencies to offset the impacts of lower staffing. The following sections discuss the revenue and expenditure trends for the General Fund. Revenues After a period of robust revenue growth caused by growth in national and regional economies and new businesses in the city, we like many others are experiencing the impacts of an economic slowdown. What started with the housing crisis is also impacting consumer sales. In the current fiscal year 200912010, which ends on June 30, 2010, we experienced significant reductions in major revenue sources such as property Taxes, Sales Tax and certain Police revenues. As a result, the 2009/2010 actual revenues are expected to be lower than the 2009/2010 budgeted revenues by approximately $1.4 million or negative 5.3 % as discussed during the Mid Year presentation. We do not anticipate any additional overall declines in 201012011. While there will be some additional revenue declines in some categories, they will be offset by higher revenues from Waste Management franchise and construction related revenues. Therefore, the Budget for Fiscal Year 2010 -2011 estimates that the General Fund operating revenues will be $24.77 million, which is a decrease of $1.37 million or 5.2% from the budgeted revenues for Fiscal Year 2009 -10. Since major revenue declines happened in 2009/2010 and smaller overall declines are expected in some categories in 201012011, it appears that the worst may be behind us and we may be moving towards stabilization leading to recovery. While we are hopeful that the economy will see some recovery and revenues will see some growth, we are being very conservative in revenue projections to avoid any impacts should the economic recovery be delayed. The General Fund relies heavily on taxes and revenue sources, which are not in city's control as shown in the following chart. Due to reliance on sources beyond our control our budgets have greater volatility. As shown in the following pie chart, taxes, which iv 2010/2011 Budget Memorandum include Vehicle License Fees in lieu of taxes, constitute 79% of the General Fund revenues. FY 2010/2011 General Fund Revenues by Category (including Transfers In) $24,866,000 USE OF NI ONEY & LICENSES & PROPERTY FINES & PENALTIE 7% CHARGES FOR SERVICES 7% TAXES 79% 2010/2011 Bud eted General Fund Revenues The following table shows the trend for major General Fund Revenues (including Transfers In): REVENUE SOURCE FY 2007 ACTUAL FY 2008 ACTUAL FY 2009 ACTUAL. FY 2010 ADOPTED BUDGET FY 2011 PROPOSED BUDGET TAXES PROPERTY TAXES 3,515,978 3,430,626 3,802,756 3,492,000 3,010,000 SALES TAX 5,678,563 5,926,446 5,105,862 5,150,000 4,610,000 UTILITY USERS TAX 2,545,312 2,591,143 2,459,483 2,550,000 2,550,000 FRANCHISE TAX 1,556,904 1,626,176 1,997,823 2,050,000 2,600,000 TRANSIENT OCCUPANCY TAX 369,135 310,092 250,583 275,000 225,000 BUSINESS LICENSE TAX 714,836 560,529 578,847 550,000 580,000 INTERGOVERNMENTAL 6,423,429 6,810,001 6,786,952 6,925,000 6,213,000 SUBTOTAL TAXES 20,8041957 29,255,093 20,982,306 20,992,000 99,788,000 CHARGES FOR SERVICES 1,599,266 2,177,053 1,530,923 1,927,800 1,876,800 FINES & PENALTIES 1,845,829 1,783,646 1,844,475 2,155,000 1,670,000 LICENSES & PERMITS 635,421 456,123 517,619 463,200 669,000 USE OF MONEY & PROPERTY 209,408 349,001 444,315 315,600 235,000 OTHER 549,791 151,001 652,823 381,000 627,200 GRAND TOTAL 25,643,872 26,979,837 25,972,469 26,234,600 24,866,000 v 2010/2011 Budget Memorandum The following table shows the growth trend of General Fund taxes and demonstrates the volatility: General Fund Taxes: Fiscal Year Amount % Increase 2003 -04 $14,394,510 FY 2010 2004 -05 $17,980,087 25% 2005 -06 $18,618,959 4% 2006 -07 $20,804,157 12% 2007 -08 $21,255,013 2% 2008 -09 $20,982,306 _1% 2009 -10 (Budget) $20,992,000 0% 200910 (Estimate) $19,796,800 -5.7% 2010 -11 (Budget) $19,788,000 0% *This amount is negative 5.7% compared to the 200912010 budget and 0% compared to the adjusted 2009 -10 estimates. 5,926,446 As shown in the table above, there have been huge swings in tax revenues from one year to another. In addition, due to the housing meltdown combined with the reassessment of property values (Prop 8) enacted by the County of Los Angeles, the City is expecting a negative 5.7% drop in these revenues for fiscal year 20102011. As noted above, these decreases began in fiscal year 2008 -2009. In addition, since the City became aware of decreases in sales and property tax in fiscal year 2009- 2010 staff was able to present the projected trends during the mid -year review. The following are the three major tax revenue decreases that were discussed: vi FY 2010 FY 2010 FY 2011 FY 2008 FY 2009 ADOPTED PROJECTED PROPOSED CATEGORY ACTUAL ACTUALS BUDGET ACTUALS BUDGET Property Taxes 3,430,626 3,802,756 3,492,000 3,449,000 3,010,000 Sales Tax 5,926,446 5,105,862 5,150,000 4,600,000 4,610,000 Vehicle License Fees* 6,603,499 6,623,715 6,750,000 6,481,420 6,075,000 *The_property tax portion vi 2010/2011 Budget Memorandum The table above shows that we have experienced significant declines in our major revenue sources. Property Tax revenues have declined 21 % from their peak in FY 2009 and Sales Tax has declined 22% from its peak in FY 2008. These are very significant declines and we are lucky and thankful to our efforts because we have been able to absorb such adverse revenue trends. Based on the volatility and trends of these major revenues, it is important to be conservative in committing to long -term expenditures. It imperative that we continue our strategy of resisting expenditures unless those expenditures are supported by long -term revenue sources. Expenditures The total General fund expenditures are estimated to be $23,104,250. In addition, the General Fund will be transferring $1,671,930 to funds supported and subsidized by the General fund. The General Fund operating expenditure budget shows a decrease of $1.16 million or 4.78% compared to the FY 2009/2010 budget as shown in the following table: General Fund Expenditures' by CategorN:. CATEGORY FY 2007 ACTUAL FY 2008 ACTUAL FY 2009 ACTUAL FY 2010 ADOPTED BUDGET FY 2011 PROPOSED BUDGET Contractual 2,737,124 3,003,800 2,790,035 2,686,900 2,383,500 Personnel 15,768,245 16,437,822 17,559,440 18,415,850 18,476,550 Maintenance 1,052,447 1,446,594 975,311 1,277,800 986,750 Capital /Debt Service 59,448 40,636 65,275 94,800 67,500 Internal Services 2,409,289 2,443,901 2,632,700 2,336,400 1,861,600 M mt. Resource 0 0 0 548,300 671,650 Grand Total 22,026,553 23,372,753 24,022,761 24,263,450 23,104,250 The primary reason for the decrease in expenditures is a result of reduced operational costs related to fuel and utilities, reductions in contractual obligations such as RedFlex, decreases in internal service charges, reallocation of personnel costs to other eligible funding sources, increases in the management resources account which accounts for vacant positions and other reductions in materials and supplies, meetings and conferences, training, publications, subscriptions and dues and reduction in the amount set aside for new programs last year. Some costs of the programs implemented last year are already factored in the budget. ' Excludes transfers vii 2010/2011 Budget Memorandum General Fund Expenditures by Category (Including Transfers Out): $24,776,180 As shown in the above chart Personnel costs (salaries and benefits) are the most significant category of expenditures within the General Fund, representing over 70% of the total expenditures. Reducing the budget without impacting personnel costs is very difficult. We were proactive and cautious and even though we had several positions budgeted we kept them vacant. This has not only created savings but allowed us to manage the fiscal crisis without significant impacts. The following is a detail of the Personnel expenditure category: General Fund Personnel Expenditures by Category: CATEGORY FY 2007 ACTUAL FY 2008 ACTUAL FY 2009 ACTUAL FY 2010 ADOPTED BUDGET FY 2011 PROPOSED BUDGET Regular Pay 7,599,737 7,696,843 7,873,031 9,043,450 8,889,900 Part Time Pay 912,779 1,143,191 1,345,244 1,086,700 1,191,000 Overtime /Holiday Pay 935,253 1,028,179 1,004,778 863,900 750,150 PERS Retirement 3,055,247 3,248,435 3,667,316 3,695,000 3,779,800 Medical Benefits 2,000,983 2,050,872 2,323,618 2,361,900 2,376,400 Workers Compensation 738,181 564,958 546,874 727,000 705,900 Other 526,065 705,344 798,579 637,900 783,400 Grand Total 15,768,245 16,437,822 17,559,440 18,415,850 18,476,550 viii 20/0/2011 Budget Memorandum The following table shows General Fund expenditures by department. General Fund Expenditures2 by Department Department FY 2007 ACTUAL FY 2008 ACTUAL FY 2009 ACTUAL FY 2010 ADOPTED BUDGET FY 2011 PROPOSED BUDGET Administration: Council 191,249 132,351 101,193 180,100 179,900 CEO 117,089 123,743 129,193 147,700 146,900 City Clerk 161,422 213,126 133,360 139,850 133,700 City Attorney 386,527 418,804 245,847 325,000 249,200 Human Resources 260,992 320,837 289,075 309,500 245,550 Finance 711,000 639,342 749,369 620,700 614,650 Non - Departmental 756,449 653,516 841,860 982,900 893,100 Community Development 964,180 1,139,009 1,066,335 1,071,000 984,350 Police 15,067,615 15,599,841 16,422,702 16,820,200 16,187,500 Public Works 602,977 660,466 610,132 449,400 236,050 Recreation & Comm, Serv. 2,807,052 3,471,718 3,433,696 3,217,100 3,233,350 Grand Total 2 22,026,552 23,372,753 24,022,762 24,263,450 23,104,250 The chart below shows General Fund expenditures by department. General Fund Expenditures by Department (including Transfers_ Out): $24,776,180 2 Excludes Transfers i hY 2010/2011 Budget Memorandum Citywide expenditures The following tables summarized the expenditures for all city funds: City Wide ExpenditureS3_by category: CATEGORY FY 2007 ACTUAL FY 2008 ACTUAL FY 2009 ACTUAL FY 2010 ADOPTED BUDGET FY 2011 PROPOSED BUDGET Contractual 5,517,432 6,021,050 5,704,384 6,857,000 6,447,657 Personnel 20,421,323 20,819,580 22,310,134 24,205,750 24,116,312 Maintenance 5,268,785 6,754,198 14,418,050 15,995,400 15,603,623 Capital /Debt Service 6,670,352 2,147,472 12,308,472 21,053,200 23,199,798 Internal Services 3,809,011 3,926,041 3,843,510 3,607,600 2,990,600 M mt. Resource 0 0 0 606,100 (941,450) Grand Total 41,686,903 39,668,341 68,584,550 71,112,850 71,416,540 Citywide ExpenditureS3 by Department Department FY 2007 ACTUAL FY 2008 ACTUAL FY 2009 ACTUAL FY 2010 ADOPTED BUDGET FY 2011 PROPOSED BUDGET Administration: Council 257,894 190,091 147,207 273,700 230,100 CEO 371,307 363,906 344,701 587,000 418,600 City Clerk 217,838 268,154 191,060 279,350 232,100 City Attorney 388,097 418,804 294,417 325,000 324,200 Human Resources 409,789 449,654 532,973 497,200 398,350 Risk Management 2,150,118 1,985,789 1,311,182 2,012,400 1,619,900 Information Technology 918,285 1,025,023 864,175 882,600 841,200 Finance 1,219,702 1,036,132 1,106,143 1,190,500 1,002,750 Non - Departmental 1,524,963 1,394,231 20,686,787 21,374,300 16,702,562 Community Development 2,550,359 3,907,144 3,286,138 5,884,600 6,269,186 Police 15,244,845 16,434,306 17,164,777 17,451,000 17,353,539 Public Works 11,456,454 6,176,784 6,820,842 14,906,100 20,758,553 Recreation & Comm Sery 4,977,252 6,018,323 5,834,148 5,449,100 5,265,500 Grand Total 41,686,903 39,668,341 58,584,549 71,112,850 71,416,540 s Excludes transfers 2010/2011 Budget Memorandum Reserves The ending budgeted fund balance for the General Fund, at June 30, 2011, is estimated to be $5.45 million, which includes the $1.0 million "lockbox" reserve. Not all of these reserves are available for spending. A portion of the reserves is in the form of non cash assets such as receivables and are therefore not available for spending. The estimated total reserves as of June 30, 2011 for the General Fund including funds supported and subsidized by the General Fund is $6.1 million. The following charts show the reserves for the General Fund and Funds supported by the General Fund: 6,000,000 5,000,000 ,4,000,000 3,000,000 2,000,000 1,000,000 Reserves - General Fund (Unreserved) 1, 000,000 Actual 2007 1 Actual 2008 Actual 2009 FY 2010 FY 2011 PROJECTED PROPOSED ACTUALS BUDGET xi Fiscal Year 2010/2011 Budget Memorandum As shown in these charts the city has made significant progress in improving its reserves and we hope to build on this success in the future. Even though these reserves could be spent they must be preserved for working capital and emergencies such as disasters, loss of revenues to the state, or sudden economic downturns to prevent service interruptions. Reserves also help the city with its working capital needs. Due to delayed receipt of several of its revenues such as sales tax and property tax the General Fund has working capital needs of approximately $4 -5 million between July and December. The need for reserves is greater in uncertain times. Reserves allow the city to better deal with the uncertain economic challenges and help better manage the impacts. II. FY 2010 -2011 CAPITAL IMPROVEMENT PLAN The FY 2010 -2011 Budget includes substantial funding for capital projects. As we began experiencing last year, we should continue to benefit from the current economic times which offer significant opportunities for capital investments: ■ The labor and materials costs are still, as they were last year, substantially lower than few years ago and the City will likely continue to get a greater value for its money. • Investment in our infrastructure would stop deterioration and prevent expensive repairs later. • Infrastructure spending is likely to provide some boost to local economy and employment especially in view of our local hiring and purchasing policy. The Budget identifies total capital expenditures in excess of $17 million. The City will be securing the second phase of proposition 1 B funds of approximately $1 million. In addition, there is a possibility of obtaining a second cycle of Federal Stimulus Funds for infrastructure. Discussions with Caltrans and the MTA have suggested that Cities may receive about one -half of the first cycle distribution, which for Baldwin Park could be around $1.2 million. These projects will be submitted for City Council approval if and when funding is available. Some projects were planned to be partially carried over from the prior fiscal year due to their multi -year nature. Of the $17 million, the amount that has been carried forward to complete multi -years projects is $4,085,500, this amount is for the Transit Center and for Street Improvement Projects. Other projects will be carried over into FY 2011- 20'12 due to grants or funds that will later become available over multiple cycles. Carry over projects along with new projects have resulted in significant construction activity that has already compared to the last couple of years when many of these projects were either in the planning or design stages. xii 2010/2011 Budget Memorandum Staff anticipates significant construction activity in the summer months at the beginning of FY 2010 -2011 and through FY 2010 -2011; a list of capital projects is included in Attachment -2. The following tables summarize the amount of capital projects estimated in the FY 2010/2011 budget by project type and by funding source: CAPITAL EXPENDITURES - BY FUND FY 2010 -2011 No. Name Proposed 220 Community Development Block Grant $298,600 241 Fed STPL $1,240,500 242 Traffic Congestion Relief $2,521,400 245 Proposition C $2,550,000 270 Grant Fund $9,577,872 Subtotal $16,188,372 Neighborhood Stabilization Program (NSP) $970,200 Total Capital $17,158,572 In addition to the facility and construction projects stated above, staff is hopeful that grant funding will be awarded for a CNG fueling facility and a Bike Trail project. Both of these projects add a transit benefit to our community and help to improve the environment. In addition, other funds included in the budget are $970,200 related to the Neighborhood Stabilization Program (NSP) money's received from the State through Stimulus funding. The total capital expenditure for FY 2010 -2011 is estimated to be $17,158,572. The funding for these projects will come from Federal and State Grants, Proposition 1 B, Proposition 42, CDBG, and Proposition C. While funding for these projects is included in the FY 2010 -2011 budget some of these are multi -year projects and some of the project phases may be extended into the following year. The capital spending identified in the budget is only a proposed plan and projects will be submitted for City Council review and approval. III. IMPACT OF STATE BUDGET State raids on local funds are a big threat. While Proposition 1A approved by voters a few years ago protects the General Fund revenues. It does not provide protection against other funds such as Gas Tax and Redevelopment. In 200912010, the Baldwin Park Redevelopment Commission lost $1.7 million to the State. The California Redevelopment Association (CRA) had filed a law suit against this raid but since the CRA lost the law suit in early May 2010, it is likely that the State may take additional funds from CDC if the appeal process that the CRA has begun also fails. If this happens, it is likely to cause problems because if the CDC does not have enough funds, the General Fund would be required to pay the money. In any case, the City Council will be kept apprised of any new developments as they occur. xiii 2010/2011 Budget Memorandum The 201 0 -2011 proposed budget does not include any other impacts that can result from the State's budget crisis in our city. In FY 2009 -2010, the State took also about $1 million in property taxes as a loan from the City. In order to avoid any loss of cash flow, the City Council approved the City's participation in the Prop 1A Securitization Program which allowed local government's to issue bonds to receive the amount lost to the State; the principal and interest on the bonds will be paid by the State and the City will not incur any costs. In addition to this shift of moneys from the State, since the CRA was not successful in the lawsuit, the CDC will lose another $368,000 in FY 2010-2011 (in addition to $1.7 million lost in FY 2009 -2010) and could lose additional moneys in the future. Since the State continues to have massive deficits with no real solution in sight, it is not known how it will impact local revenues. Even though there is protection under Prop 1A as discussed the State can take other funds such as the Gas Tax and Proposition 42. Additionally State can also shift programs or services to County or local levels or take actions such as releasing prisoners from state prisons, which could cause some impacts. At this point, we do not know if there will be additional cuts or shifts from the State to local governments in the upcoming fiscal year and the budget does not address them. IV. FUTURE CHALLENGES We have made significant progress towards improving our fiscal strength; however, there are still some areas that need to be dealt with in the future: City staffing is lower compared to prior years. We have one of the lowest staffing compared to other cities in the region. Investments are needed in technology and process enhancement to further improve efficiency and manage increased service demands. Technology improvements have been pursued as the resources become available. For example, the Finance Department recently upgraded its financial system, which included a Human Resources module, and will begin exploring opportunities to streamline paperwork by offering information on -line through the new system, the Recreation and Community Department has been enhancing technology by beginning their on -line registration system, the Police Department is continuously looking for grant opportunities and will be focusing on cameras and communications systems, and the Community Development Department is planning on obtaining a new permitting system as resources become available. There is also need to improve the financial condition of city's Community Development Commission to facilitate economic development and to avoid adverse impacts as a result of State's raid on CDC funds. The Baldwin Park Community Development Commission's financial condition could be better. The existing Pass through agreements leave very little funds for the developmental activities. Furthermore the CDC is not even able to support xiv 2010/2011 Budget Memorandum its administrative costs, which are funded by the General Fund. The current takeaway of more than $1.7 million in FY 2009/2010 and $368,000 in FY 2010/2011 from the CDC is going to make the financial condition even harder. Any further raid by the State will impact the General Fund. While the City's reserves have increased significantly they are still below desirable levels given the current economy and threat of State raid on CDC. The need for investment in economic development cannot be overemphasized. The City /CDC would be expected to make investments to attract retail and business opportunities. The impacts of the state budget remains a large threat as the State's deficit continues to increase. In addition, uncertainties in the economy and its impact on revenue are an ongoing concern, especially when the cost of providing services to the community continues to increase. Some of these costs, such PERS costs and contractual obligations, are external and cannot be controlled yet must be paid on annual basis. We expect increases in CaIPERS retirement rates due to the significant investment losses suffered by CalPERS. It is expected that retirement rates will increase by 3% to 8% in the next three years. The City has a significant unfunded liability for its Retiree Health care costs Based on the actuarial valuation conducted as of January 1, 2009, the City has an unfunded liability of $22.2 million and the City should be setting aside and additional $1.0 million each year to satisfy this obligation. Staff has begun analyzing options, such as the new CALPERS irrevocable trust, which is specifically geared toward funding this "unfunded" liability. Staff will provide additional information during the year. The sudden economic downturn and the state's fiscal crisis have created new challenges increasing the need for additional resources. We are experiencing a greater need in the areas of police enforcement, code enforcement and graffiti abatement; home foreclosures are also likely to create challenges and transit service is experiencing a significant increase in demand. We also anticipate additional costs in the future due to a mandated sewer master plan. Lastly, we are a service organization and our ability to provide quality service depends on the quality of our staff. While we have made significant progress in improving process efficiencies, additional resources are needed in the long run to continue our efforts. During the upcoming year all departments will be reviewing the various programs in detail in order to ensure that the City is recovering its costs and /or to further review if there are additional efficiencies that could be implemented. Additionally, the City would need to be very cautious with its spending and explore new and creative ways for providing services. XV 2010/2011 Budget Memorandum Despite these challenges we are very confident that if we continue to build on our successes and stay on course, we would be able to overcome many of these challenges. In addition to strengthening our fiscal condition we are also working on expanding the city's economic base to provide greater long -term fiscal stability. We are hopeful that as the economy turns around we will see incremental development and growth. We have a very motivated and committed team of staff members who are continuously looking for ways to identify more efficient ways to provide service. Therefore, we strongly believe that we would be able to continue to move the city forward and capitalize on the numerous opportunities that are available. V. HOW THE CITY DID IT? ECONOMIC STABILITY A HISTORICAL PERSPECTIVE How is Baldwin Park able to balance the budget when so many cities and counties are struggling to deal with huge deficits? Beginning with Fiscal Year 2006/2007 the City started a fiscal transition to achieve a more stable long term financial future. The focus of this transition was not to just reduce costs but to be more effective. Consequently, a restructuring plan to align expenditures with revenues and replenish reserves was implemented. The restructuring process resulted in a combination of revenue increases, expenditure reductions, and improved efficiencies. These proactive efforts have made us fiscally stronger and put us in better position to deal with the current economic crisis. As a result of these efforts: = Our expenditures are now lower than our revenues i The General Fund has ended the fiscal years in the black Our budgets are balanced (have surplus) without using reserves F New revenues have been implemented ■ Our reserves have swelled ■ Our cash position has improved significantly In addition to improving our fiscal condition our focus was to also improve organizational effectiveness and improve program efficiencies. The restructuring, which is an ongoing process, focuses on waste reduction, eliminating non - value, adding activities, streamlining operations, aligning resources with priorities, and greater use of technology. These initiatives have allowed us to significantly improve efficiency of operations. Staff has implemented numerous creative processes to be more effective and above all, we have placed significant focus on customer service. This approach has helped us build a team that develops creative strategies and implements programs with great motivation and compassion. As a result of these efforts, the overall performance of the City of Baldwin Park has become highly effective. Our current staffing continues to be approximately 22% lower than a few years ago. However, thanks to a very dedicated team of staff members, Xvl 2010/2011 Budget Memorandum who are always willing to implement creative strategies our performance has increased several fold in many areas. Here are some examples of the city's successes in addition to fiscal stewardship: • Our crime rate has declined and continues to decline • The traffic accidents have declined • Effectiveness of Code enforcement and Graffiti abatement have almost doubled • Contract expenses are significantly lower • New programs and program enhancements have been developed /implemented • City operates with significantly lower staff in almost all departments while providing comparable or better level of service (compared to comparable cities, we have one of the lowest staffing) Despite these successes the current economic environment has impacted the City. We have experienced further decline in revenues and increased demand for services. While we have a balanced budget, any future adverse impacts would require careful consideration of services and programs. We are hopeful that the economy will turn around and ease the economic pressure. However, we are cautious that the recovery will be gradual and future challenges, such as increases in retirement costs, retiree health costs and the potential of losing additional funds to the State, would have to be dealt with. We are hopeful that the economy will stabilize and start to improve, however, unless clear signs of recovery and growth appear we must be very cautious with our spending. Further, the economy continues to be volatile and it is possible that there may be additional adverse impacts on the revenues, in which case the budget would have to be readjusted. Staff will be monitoring the budget on a regular basis and recommend changes if needed. While we believe that overall, the city has become a very effective organization the challenges that lie ahead require us to make it even better by identifying and implementing innovative business practices and creative ideas. To accomplish this we will be evaluating our operations once again to identify and eliminate activities and processes that don't add value or for which the costs exceed the benefits. We will also be looking at ways to improve efficiency even further. The City of Baldwin Park has demonstrated leadership in the area of fiscal responsibility and the credit for all of these accomplishments goes to a very dedicated and motivated team of city staff members and City Council. The commitment and passion of the team helps the city succeed even during tough and adverse times. Xvll 2010/2011 Budget Memorandum We want to thank every city staff member for their contributions and hard work. We also want to thank the Mayor and Council for their support and commitment. We are confident that our collective efforts will make FY 2010/2011 an even better year in a very exciting journey for the City of Baldwin Park. Sincerely, VA YNA ijay S' gh I Lorena Quijano Chief xec tive Officer Director of Finance Lili Hadsell Chief or Police William Gbk( Public Works Leticia La a Human Resources Manager XVll1 Manuel Ca Recreation and I Director unity Services Marc Castagnola Community Development Manager 151411 F.XWV III MI 11[ City of Baldwin Park Fiscal Year 2010 -2011 Budget Projected Fund Balance Summary Projected Budgeted Fund Fund Balance Fund Balance Number Name 6/30/2010 Revenues Expenditures Transfers In Transfers Out 6130/2011 General Fund: 100 General Fund 197 CRA Clearing Subtotal - General Fund General Fund Supported: 198 Housing Clearing 252 Parks Maintenance Assessment District 260 Summer Lunch Program 401 Information and Support Services 402 Fleet Services 403 Internal Insurance Subtotal - Supported Funds Subtotal - General Fund & General Fund Supported Generat Fund Subsidized: 244 Proposition A 253 Proposition A - Parks Subtotal - General Fund, Supported, & Subsidized Funds Special (Restricted) Funds; 205 Federal Asset Forfeiture 206 State Asset Forfeiture 207 Local Law Enforcement Block Grant 220 Community Development Block Grant 221 H.O.M.E. (Home Inv Partnership Prg) 222 CAL Home 223 Economic Development Act Revolving Loan 230 AB 1693 Business Improvement Fees 231 Air Quality Management 233 Economic Dev Adm Grant 234 Park Land and Public Art Fees 235 General Plan Fees 240 Gasoline Tax 241 Surface Transportation Program 242 * Traffic Congestion Relief * 243 Bicycle and Pedestrian Safety 245 * Proposition C * 246 AB939 Integrated Waste Management 247 Oil Recycling Grant 248 Energy Conservation 249 Storm Drains NPDS 250 Assessment District 251 Street Lighting and Landscape 254 Measure R Local Return 270 Grants Fund 301 Building Reserve 2 232 Residential Development Fee Subtotal Special Funds TOTAL GENERAL, SUPPORTED, SUBSIDIZED, & SPECIAL FUNDS: 501 Trust Deposits Unreserved fiend balance 5,356,646 0 24,766,000 0 23,104,250 0 100,000 0 1,671,930 0 5,446,466 0 5,356,646 24,766,000 23,104,250 100,000 1,671,930 5,446,466 0 0 0 0 0 0 0 609,500 841,700 232,200 0 0 0 180,800 205,800 25,000 0 0 288,417 872,400 868,300 0 0 292,517 214,975 1,016,400 995,950 0 0 235,425 325,000 1,900 700 1,817,500 0 0 (241,800) 178,392 4,579,800 4,729,250 257,200 0 286,142 5,535,038 29,345,800 27,833,500 357,200 1,671,930 5,732,608 181,035 1,248,000 1,248,000 0 0 181,035 0 63,000 87,100 24,100 0 0 181,035 1,311,000 1,335,100 24,100 0 181,035 5,716,073 30,656,800 29,168,600 381,300 1,671,930 5,913,643 1,903,136 588,900 663,800 0 0 1,828,236 161,494 5,300 15,000 0 0 151,794 15,300 100 15,400 0 0 0 0 1,951,528 1,452,361 0 499,167 0 0 1,386,000 1,386,000 0 0 0 53,436 700 0 0 0 54,136 1,489,574 28,400 167,500 0 0 1,350,474 196,284 71,500 112,500 0 0 155,284 364,870 99,500 27,400 0 0 436,970 609 100 0 0 0 709 730,970 101,000 25,000 0 0 806,970 270,904 82,000 53,000 0 0 299,904 1,247,800 1,275,150 870,500 0 407,100 1,245,350 638,900 601,600 0 0 0 1,240,500 2,463,900 842,100 2,580,000 0 0 726,000 0 0 0 0 0 0 2,826,120 1,020,100 3,367,700 0 0 478,520 224,102 384,600 448,800 0 0 159,902 7,200 33,300 20,000 0 0 20,500 0 0 0 136,400 136,400 0 263,000 47,000 47,000 0 0 263,000 328,722 12,900 0 0 0 341,622 377,064 1,758,400 1,758,400 0 0 377,064 418,602 642,456 66,900 0 0 994,158 0 12,013,565 12,013,565 0 0 0 26,471 20,000 0 679,230 679,230 46,471 0 0 0 0 0 0 14,008,458 22,966,199 25,090,826 815,630 1,721,897 10,977,564 19,724,531 53,622,999 54,259,426 1,196,930 3,393,827 16,891,207 441,900 3,900 0 0 100,000 345,800 2 Excludes amounts due from other funds * Approximately $4,085,500 of capital projects to be completed in FY 2010/2011 will be funded from carryover finds reflected in the "Projected Fund Balance 6/30/2010" column; this is an accumulation of ntonics received and not spent in prior years. City of Baldwin Park Fiscal Year 2010 -2011 Budget Projected Fund Balance Summary Fund Number Name Projected Fund Balance 6130/2010 Revenues Expenditures Transfers In Transfers Out Budgeted Fund Balance 6/30/2011 Financing Authority Funds: Cntrl Business Dist Capital Prj 805 Delta Capital Prj 806 Sierra Vista Capital Prj 825 601 Debt Service 80,405 28,460 527,627 499,167 0 80,405 610 COP Lease Payment 450,774 400 679,230 679,230 0 451,174 620 BPFA Energy Conservation Bond 0 0 136,400 136,400 0 0 625 Gas Tax Debt Service 61 0 407,100 407,100 0 61 630 Bond Issuance SGR Refi 0 0 0 0 0 0 635 BPFA/PM 2003 Tax Alloc 566,385 0 0 0 0 566,385 636 BPFA 1990 Tax Alloc 0 0 0 0 0 0 637 BPFA/CBD 1990 Refimding Loan 470,910 0 0 0 0 470,910 638 BPFA 1994 Series A 0 0 0 0 0 0 650 Pension Obligation Bond 0 1,499,500 1,487,170 0 0 12,330 Subtotal Financing Authority Funds 1,568,535 1,528,360 3,237,527 1,721,897 0 1,581,265 Communitv Development Conunissiow Capital Projects 801 SG River Capital Prj 802 Puente/Merced Capital Prj 803 W Ramona Capital Prj 804 Cntrl Business Dist Capital Prj 805 Delta Capital Prj 806 Sierra Vista Capital Prj 825 Merged Area Prj Fund Subtotal Capital Projects Debt Service 831 SG River Debt Sery 832 Puente/Merced Debt Sery 833 W Ramona Debt Sery 834 Cntrl Business Dist Debt Sery 835 Delta Debt Sery 836 ** Sierra Vista Debt Sery ** 837 BP Merged 2000 Refinance 860 MRB 1982 Issue 861 MRB 1983 Issue Subtotal Debt Service Low /Mod Housing 870 Long Term Debt 890 ** Low/Mod Income Housing ** 891 Single Family Repo Housing Subtotal Community Dev Comm Funds TOTAL COMMUNITY DEVELOPMENT COMMISSION Housing Authori _ : 901 Housing Voucher Choice 905 Public housing 910 CIAP 920 Now Construction Subtotal Mousing Authority Funds 73,961 276,980 310,050 221,380 0 262,271 (7,833) 101,550 113,250 68,650 0 49,117 (12,500) 1,700 1,700 0 0 (12,500) (1,066,127) 163,870 187,250 50,370 0 (1,039,137) (17,890) 36,300 38,550 27,300 0 7,160 3,516,500 442,000 434,400 207,300 0 3,731,400 (311,131) 0 0 0 0 (311,131) 2,174,980 1,022,400 1,085,200 575,000 0 2,687,180 (666,358) 1,050,000 1,115,803 0 122,390 (854,551) 628,842 900,300 978,671 0 0 550,471 174,442 1,600 11,000 0 0 165,042 (67,175) 1,527,900 1,612,133 0 0 (151,408) 333,353 337,000 169,100 0 101,188 400,065 1,336,296 3,403,400 2,815,000 0 313,950 1,610,746 1,428,173 0 541,528 537,528 0 1,424,173 210,752 0 1,000 0 0 209,752 898,067 0 1,000 0 0 897,067 4,276,392 7,220,200 7,245,235 537,528 537,528 4,251,357 0 0 0 0 0 0 6,314,429 1,401,100 247,200 0 0 7,468,329 293,263 2,000 0 0 0 295,263 6,607,692 1,403,100 247,200 0 0 7,763,592 13,059,064 9,645,700 8,577,635 1,112,528 537,528 14,702,129 2,937,994 4,977,800 5,278,400 0 0 2,637,394 462,358 31,100 58,600 13,148 0 448,006 0 18,100 4,952 0 13,148 0 0 0 0 0 0 0 3,400,352 5,027,000 5,341,952 13,148 13,148 3,085,400 COMBINED GRAND TOTAL - ALL FUNDS 38,194,382 69,827,959 71,416,540 4,044,503 4,044,503 36,605,801 Total Resources = Revenues plus Transfers In. 73,872,462 Total Outlay = Expenditures plus Transfers Out: 75,461,043 ** The Beginning Fund Balance has been adjusted to reflect the $1.7 million payment made by the CDC on 5 -10 -10 ATTACHMENT 2 CAPITAL (EXPENDITURES - BY PROJECT FY 2010 -2011 Construction - Facilities $9,502,872 MTA Transit Center multi_ ear project) $9,502,872 Construction - Street Improvements $6,685,500 Ramona A Street Improvements (ARRA) $950,000 Ramona B Street Improvements (ARRA) $1,500,000 Los Angeles Street (STPL) $1,240,500 CDBG Street Improvements, FY 10111 $350,000 Street Improvements TCRF Phase 1 $1,250,000 Overlay Merced, Ramona to Big Dalton Baldwin Park, Ramona to Palm Frazier, Amar to Judith Root, Willow to City Limit Chip Seal Various Locations Traffic Safety Traffic Signal (BadillolWillow) Street Improvements TCRF Phase 2 $675,000 Slurry Seat Various Locations Overlay Olive (sls), Baldwin Park to Stewart Pedestrian Facilities $575,000 Walkability Improvements Speed Humps Stop Signs Program Bulb Outs, Speed Tables, Safety Crossings Traffic Safety /Calming $145,000 Speed Feedback Signs Crosswalk Alert Signs School Zone Flashers Pending Grants MTA Parking Technology ARRA Cycle 2 San Gabriel River Bikeway Project CNG Fast -Fill Fueling Facility Subtotal $16,188,372 Neighborhood Stabilization Pro ram NSP $970,200 Total $17,158,572 BALDWIN P 0, A P ;R P K PROPOSED BUDGET FISCAL YEAR 2010-2011 -1 (Presented under separate cover,, au,.Year,,20 ® Revenue decLnes' Yes f _._ Capita! Protect! Capital Acguisition „_ _ . ry enterta�nm ent programs ror ramllr . Conceits �n the Park Celebrate Baldv Partrrersh��s tlia t the City leas tlev61 . ' 4 wKfh ma��y other agencres finch as .- -; it San�t� Anita;:�'amilyServxcese -- BPUD is .:.. ■ BP H tstorteaacety r;; Metral,�nk ' AAIt�' Kaiser Permanente Navt ad en el Barrio_ a' HEAC r ,U.S. Censas Bureau .' Los Angeles`County` Citru's Callegc Musician.Trust Fund' Staff:' in the process .of . r Los Angeles. County developing additional rclations to Citrus Valley Partners benefit the community ■ Target r Wal -Mart ■ YWCA Tntervale.5enior ... Services i.Cash Balance- Audksd .. :.._, 300. Certificate of Achievement for Execllence : in Vinancial Reporting City of Baldwin Park n .. ' yent California i T� mance (3 Psuc Fgy �13�7\.✓i.'iGLtWn 4 Iwe l0. Akl Fx«L.r pp ^�n� kk- gw+f'b�wp�+rlf °J .. :.._, 300. 2�1 . 173 :'. 200; 100 2008 ..: 2010 :. 0 tail Time. Staffing CURRENTGOALS . \ » BEHIND l ? d? © ».9«© \ \ \y 2 \\ \ 2005 \ \ 2006 \ \\ ;2007 \\ \\ \2 0 \ } 2009 /\ Total Traffic Collisions 5 Arrests Moving Citations 5000 Keeping th e Communi.ty Safe Promoting Safety A Much Safer Community Accomplishments Accomplishments Awards is Collaborations — ` Playful City USA - City ©apartments within • 1 of 93 communities Divisions -. 2009 Award of Achievement POD Exercise - HiNl vaccine Maintenance Efficiencies ° Job Fair and Small Business Fair ■ 6 Consecutive years recipients of CPRS Awards Employee BBQ's Grants — Local Non - Profits — . HEAL — Kaiser Permanente $30,000 and ARCrograms at Esther Snyder - Helping Hand Project $7,500 r Historical Society People on the Move Extension $12,000 YWCA Intervale Senior Lunch — Morgan Park Playground $600,0000 :USDA Lunch Program • San Gabriel Valley County Water District $25,000 Goodwill Industries _ Over 400 youth employed San Gabriel Valley Water District • Citrus College $Upper 0,000 • Autism Response Team — Applied for Proposition 84 • Amigos de Los Rios ■ Joint Use Agreement with BPUSD project totaling $6.8 at Olive Middle School (amount — .:Landscaped the "The little Park at the ARC" applied for $4,550,000) - Native plants and habitats. Accomplishments in Positive Media Coverage. - Census 2010 committee - CA cities receive low marks for — 15th Anniversary SK Run smoking regulations but Pasadena and Baldwin Park pass the test .' Keep.Baldwin Park Beautiful. — Taste of Baldwin Park Neighborhood clean-ups Volunteers Clean -up at BP : e Bulky item collection — Host Job Fair _ .Adopt a Park Easter Egg Hunt - Harvest Fest Orange County artist brings work ..3 -day Community workshop back to Baldwin Park — New Programs — Community Garden brings people , together . ° 2 Concerts and G movie.nights at — BP recognized for parks ..Barnes Park — Breakfast with Santa ° CPR courses for community III Programs & Special Events 2nd Annual Recreation & Community Services Scholarship $2,500 —. Morgan Park Phase I completed and Phase II in progress Accomplishments Accompli shments HR Accomplishments Sfr Commurt�Ey No Program Cuts deduced Yet Many` grime ew Program Increased Cash & Reserves. r_a . �P L o Il�fl�� R A I MAIM CITY OF BALDWIN P,41-CK CITY COUNCIL. AGENDA TO: Honorable Mayor and Members of the City Council FROM: Marc Castagnola, AICP, Community Development Manag DATE: May 19, 2010 MAY 19 r SUBJECT: A Public Hearing to consider a citywide Moratorium on drive - through establishments, pursuant to California Government Code Section 65858(b). PURPOSE This report requests City Council adoption of an urgency ordinance, which would place a citywide moratorium on drive - through facilities /establishments throughout the City. A four- fifths vote is required for approval of this ordinance. NOTICING REQUIREMENTS Pursuant to Government Code Section 65090, a Notice of Public Hearing was published in the San Gabriel Valley Tribune on May 7, 2010. A Notice of Public Hearing was posted at City Hall, the Community Center and Barnes Park on May 6, 2010. According to Section 65090(c) of the California Government Code, whenever an Agency considers adopting an ordinance affecting drive -thru facilities, the agency shall incorporate, where necessary, notice procedures to the blind, aged and disabled communities. For this purpose, a notice of public hearing was posted or distributed on May 6, 2010 to the Senior Center, Baldwin Park Woman's Club, two (2) local Adult Day Care Facilities and the San Gabriel Pomona Regional Center (a regional organization that offers services to the blind, elderly and disabled). BACKGROUNDIDISCUSSION This request is a result of an expressed concern regarding the negative impacts drive - thru facilities have on the environment as a whole. Recently, the City has experienced a situation with regards to drive - through establishments that has resulted in many concerns such as negative impacts on circulation, traffic, air quality, walkability and the effects on public health. Additionally, those facilities are not in line with the City's pursuits of creating and becoming a walkable and physically active healthy community. Urgency Ordinance May 19, 2010 Paae 2 Adoption of this urgency measure would protect the public safety, health and welfare from any future negative impacts associated from the creation of any type of drive -thru establishment, including but not limited to, restaurants, banks and pharmacies. This will allow the City's Planning Division additional time to study the use and their associated impacts in anticipation of the Zoning Code update, which is expected to be complete within the next six months. If adopted by 415 vote of the City Council, then this moratorium would prevent drive - through facilities /establishments to be located throughout the city. It would take effect immediately and expire in 45 days, unless extended by the City Council. Ultimately, the Council may extend the moratorium for up to an additional 22 months and 15 days following another public hearing. RECOMMENDATION Staff recommends the City Council adopt Ordinance 1333, "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, ADOPTING A CITYWIDE MORATORIUM ON DRIV&THROUGH FACILITIES/ESTABLISHMENTS AND DECLARING THE URGENCY THEREOF" ATTACHMENT Ordinance 1333 Report Prepared ByB ++: Salvador Lopez Jr., Associate Planner ORDINANCE NO. 1333 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING A CITYWIDE MORATORIUM ON DRIVE- THROUGH FACILITIES/ESTABLISHMENTS AND DECLARING THE URGENCY THEREOF. WHEREAS, many concerns have resulted from the establishments of drive - through facilities /establishments throughout the City; and WHEREAS, drive - through facilities /establishments potentially generate negative adverse impacts on circulation, traffic, air quality, walkability and the public health, which, while providing service to the public, also are not in line with the City's pursuits in creating and becoming a walkable and physically active, healthy community; and WHEREAS, the Planning Division is presently studying zoning proposals and other regulations to address those adverse impacts and to develop appropriate standards and criteria for the placement of such uses, and the adoption of this urgency measure prohibiting the approval of any subdivision, use permit, variance, building permit, or any other applicable entitlement for use for any of such uses while such study proceeds is necessary to protect the public safety, health and welfare. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: SECTION 1. The City Council hereby adopts each recital set forth above as a finding of the City Council. SECTION 2. Based upon the findings set forth in Section 1 above, the City Council hereby further finds and determines: a. There is a current and immediate threat to the public health, safety, or welfare, in the commencement or expansion of any drive - through facility/establishment until a comprehensive, objective and reasonable study and evaluation of these land uses and their operational characteristics activities can be completed; and b. Without the proper and necessary operational conditions, parking standards or physical implementation of mitigation measures, the commencement or expansion of any drive - through facility/establishment may be in conflict with provisions of the City of Baldwin Park general plan; and C. The commencement or expansion of any drive - through facility/establishment, without the ability to evaluate the potential land use impacts, operational characteristics and physical or site requirements and land use interface concerns with adjoining zoning districts and uses, then a threat to the public health, safety or welfare would result. Ordinance 1333 May 19, 2010 Paae 2 SECTION 3. During the effective period of this Ordinance or any extension thereof, no business license will be issued, nor any building permit or land use determination or entitlement shall be granted, nor shall any application for a business license, subdivision, use permit, variance, building permit, or land use determination or entitlement required to comply with the Baldwin Park Municipal Code be accepted or processed for the commencement or expansion of any drive - through facility /establishment in the City. SECTION 4. This ordinance is an urgency `measure to protect the public safety, heath and welfare. Pursuant to Government Code § 65858, this Ordinance shall take effect immediately upon adoption. This Ordinance shall expire forty -five (45) days after the date of its adoption and shall thereafter be of no further force or effect, unless extended pursuant to the provisions of said section. APPROVED, PASSED AND ADOPTED this 19th day of May, 2010. Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Laura M. Nieto, CMC, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1333 was adopted as an urgency matter at a regular meeting of the City Council held May 19, 2010, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Laura M. Nieto, CMC Deputy City Clerk ,ITY COUNCIL AGENDA MAY 19 ITEM N0. Of CITY OF BALDWIN PARK 11 BALDWIN P,A,R K TO: Honorable Mayor and City Councilmembers FROM; Lill Hadsell, Chief of Police DATE: May 19, 2010 SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 91 OF THE BALDWIN PARK MUNICIPAL CODE, AND A RESOLUTION BOTH RELATING TO ALARM SYSTEMS, FALSE ALARMS AND RECOVERING COSTS RELATED TO ISSUANCE OF PERMITS AND RESPONSES TO FALSE ALARMS. PURPOSE The Police Department requests City Council consider introduction of an ordinance amending chapter 91 of the Baldwin Park Municipal Code relating to alarm systems, processing and fees for related permits and fines for false alarms and adopting Resolution 2009 -029 setting a schedule of fees for issuance of alarm permits and for responses to false alarms. BACKGROUND Chapter 91 of the Baldwin Park Municipal Code sets forth regulations governing robbery and burglary alarm systems. That chapter of the code sets regulations for the establishment of fees, permits requirements, and provides for punishment for violations of provisions of this chapter. That chapter code has not been revised since 1996. Between ,January 2005 and December 2009, the Baldwin Park Police Department has responded to 9,727 alarm calls. Over 82% of these alarms were false, costing taxpayers thousands of dollars in wasted police officer time power and resources. This high false alarm rate is typical of what all law enforcement agencies experience throughout the United States. Each alarm response requires that two police officers respond; the duration of each alarm response is an average of 30 minutes. A time and motion study and I"alse Alarm Ordinance No. 1329 and ReS01116011 May 19, 2010 Page 2 ol'4 current employee compensation established that false alarm responses cost the taxpayer approximately $96,000 in 2009. Of the 1,868 false alarm calls police responded to in 2009, 210 were from residential alarms and 310 were from commercial alarms. Obviously many of these locations had more than one false alarm activation in 2009. The low number of actual locations in comparison to the number of residences and business locations in the city, shows that a small amount of locations are responsible for many of the false alarms. This ordinance has the potential to make an immediate impact in reducing the number of false alarm calls the police responds to. The intent of the increased false alarm fees is to encourage alarm system operators and users to properly manage their alarm systems in an effort to reduce the number of false alarms responses needed by the police department. The increased fees will serve as a deterrent. Alarm owners will understand the importance of maintaining their alarms in a responsible manner. Responses to false alarms may endanger the public by preventing, diverting, or delaying police officers from patrolling a neighborhood; responding to legitimate calls for police service or investigating and solving crimes. Additionally, the costs associated with police responses to false alarms are being borne by all the taxpayers of Baldwin Park, whether the taxpayer owns an alarm or not. Police Department response to false alarms confers a private benefit on Alarm Company Operators because the Alarm Company Operators are passing on the costs and obligations of their businesses to the City. DISCUSSION Currently the City of Baldwin Park does not have an established Alarm Company Permit or Alarm User System Permit yearly fee. There is an established Business Alarm Permit fee covering the initial hook up of $25. That fee was established by City Council Resolution 2000 -39. The current false alarm response prevention assessment fee after the third false alarm in one calendar year is $25. This is established by the current Baldwin Park Municipal Code pertaining to Alarm Systems. Of the 18 surrounding municipalities surveyed, 13 have an established alarm permit fee. Those fees range from $10 a year to $70 a year. Of the 18 municipalities, 16 have established false alarm response fees that range from $25 to $500 per response, dependent on the number of false alarm responses per calendar year. Staff completed a time and motion study to establish rates for processing the Alarm Company and User permits and false alarm response prevention assessment fee due to police officers responses to the false alarms. The processing steps and time for the completion /processing of those services have False Alarm Ordinance No. 1329 and Resolution May 19, 2010 Page 3 of 4 increased with the added police administrative and operations procedures. The compensation rates for all police employees involved in these services have also increased. The combination of those two rates substantially increases and sets the time and motion rates for those services. The updated time and motion study and current police employee compensation rates establishes the exact cost basis for the City Council to consider revising rates for false alarm response prevention assessment fee not to exceed $84.96. Staff recommends a fee of $75.00. That amount would be imposed after the first false alarm response and after every subsequent false alarm response in one calendar year. The study and compensation rates also establish the exact cost basis for City Council to consider imposing an Alarm Company Permit and Alarm User Permit yearly fee not to exceed $65.37. Staff recommends a fee of $60.00. Additionally, of the 16 municipalities that have established false alarm assessment fees, 15 have an increased fee after subsequent false alarms that require a police response. Staff recommends the false alarm response fee be incrementally increased after the second false alarm response in one calendar year by $50 per response. The purpose of this is to encourage alarm system operators and users to properly manage their alarm systems so the number of false alarms the police department responds to is reduced. To provide a reasonable time for alarm companies and users to apply for the required permits after the ordinance becomes effective, applications must be filed on or before August 1, 2010. However, those systems installed before that date can continue in operation during the time the permit application is being processed. The city attorney has reviewed this report as to form and content. FISCAL IMPACT There will be a revenue enhancement to the general fund dependent on the number of Alarm Business Permit and Private Alarm System Permits issued and the amount of permit fees and false alarm response fines recovered. The fee increase serves two purposes - (1) the increase will help to offset Police Department response costs. As was previously stated; the cost to the taxpayers of Baldwin Park for false alarm responses in 2009 was $96,000, (2) will serve as a deterrent - reminding alarm owners to maintain their alarm systems responsibly. There will be a negative impact to the General Fund if the fees remain at the current rate. False /Harm Ordinance No. 1329 and Resolutioil May 19, 2010 Page 4 of,► RECOMMENDATION It is recommended the City Council: 1, Adopt Resolution No. 2010 -017 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING FEES RELATED TO ALARM PERMITS AND FINES RELATED TO RESPONSES TO FALSE ALARMS;" and 2. Waive further reading, read by title only and introduce for first reading Ordinance No. 1329 titled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 91 OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO ALARM SYSTEMS, FALSE ALARMS AND RECOVERING COSTS RELATED TO ISSUANCE OF PERMITS AND RESPONSES TO FALSE ALARMS." ATTACHMENTS • Proposed Ordinance No. 1329 • Proposed Resolution No. 2009 -029 RESOLUTION NO. 2010 -017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING FEES RELATED ALARM PERMITS AND FINES RELATED TO RESPONSES TO FALSE ALARMS WHEREAS, the City Council desires to revise the fee and fine schedules relating to alarm permits and false alarms police related fees as set forth in Resolution No. 2000 -039; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. In accordance with the time and motion study attached hereto as Exhibits A and B and commencing on the effective date of Ordinance No. 1329, the fees for issuing, processing, renewing permits and false alarm response fees related to alarms shall be as set forth in Exhibit C, attached hereto. Section 2. Commencing on the effective date of Ordinance No. 1329, the fines for any violation of Chapter 91 of the Baldwin Park Municipal Code shall be at set forth in Exhibit C. Section 3. The fees and fines set forth in this Resolution shall supersede any fees and fines set forth in Resolution No. 2000 -039 or any other Resolution or action of the City Council relating to fees for police services related to alarms permits or responses to false alarms and specifically rescinds any prior fee titled "Business Alarm Permits Initial Hookup." Section 4. The City Clerk shall certify as to the adoption of the Resolution and shall cause the same to be processed in the manner required by law. PASSED AND ADOPTED this day of May, 2010. Manuel Lozano Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, CMC, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on the 19th day of May, 2010 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: LAURA M. NIETO, CIVIC DEPUTY CITY CLERK Exhibit "A" Baldwin Park Police Department False Alarm Response Fee Processing time for a Police Officer: 30 minutes Steps Involved in the response to an Alarm call: Acknowledgement and response to call Disposition of the call Processing Time for Communications: 30 minutes Steps Involved in the processing of an Alarm call: Receipt and input of the call Monitor call on CAD screen for duration of the call Processing Time for Records Specialist II: Steps Involved in the processing of an Alarm call: Locating and extracting call from CAD /RMS Inputting data into database Compensation Rates Position Hourly Rate & Benefits Police Officer* $60.89 Dispatcher $34.83 Records Specialist II $26.66 Calculated @ Hourly Rate for Step 7 Employees *Calculated @ two police officers 15 minutes Total $121.79 $34.83 $26.66 Time and Motion Rates for Processing /Response to Alarm calls Position Time Pay Rate Cost Police Officer 30 minutes $121.79 $60.89 Dispatcher 30 minutes $34.83 $17.41 Records Specialist II 15 minutes $26.66 $6.66 Total Cost $84.96 Exhibit "B" Baldwin Park Police Department Alarm Company Permit Fee Processing time for Police Captain: Steps Involved in the review of the Permit Application: Review of application Processing time for Chief of Police: Steps Involved in the review of the Permit Application: Review and approval of application Processing Time for Records Specialist II: Steps Involved in the processing of Permit Application: Review of application Inputting data into database Compensation Rates Position Hourly Rate & Benefits Chief of Police $120.71 Police Captain $113.20 Records Specialist II $26.66 Calculated @ Hourly Rate for Step 7 Employees 15 minutes 15 minutes 15 minutes Total $121.79 $113.20 $26.66 Time and Motion Rates for Processing Alarm Permit Applications Position Time Pay Rate Cost Chief of Police 15 minutes $120.71 $30.42 Police Captain 15 minutes $113.20 $28.29 Records Specialist II 15 minutes $26.66 $6.66 Total Cost $65.37 All time and motion rates calculated at Pay Rate 160 (for minutes) x Time Baldwin Park Police Department Alarm User Permit l=ee Processing time for Police Captain: Steps Involved in the review of the Permit Application: Review of application Processing time for Chief of Police: Steps Involved in the review of the Permit Application: Review and approval of application Processing Time for Records Specialist ll: Steps Involved in the processing of Permit Application: Review of application Inputting data into database Position Chief of Police Police Captain Records Specialist I Compensation Rates Hourly Rate & Benefits $120.71 $113.20 I $26.66 Calculated @ Hourly Rate for Step 7 Employees 15 minutes 15 minutes 15 minutes Total $121.79 $113.20 $26.66 Time and Motion Rates for Processing Alarm Permit Applications Position Time Chief of Police 15 minutes Police Captain 15 minutes Records Specialist II 15 minutes Pay Rate Cost $120.71 $30.42 $113.20 $28.29 $26.66 $6.66 Total Cost $65.37 All time and motion rates calculated at Pay Rate 160 (for minutes) x Time Exhibit "C" Schedule of Fines and Fees for Alarm Permits and False Alarms Current Recommended Adopted False Alarm Administrative Fee 1 St Free Free 2nd Free $75 3rd $25 $125 4th $25 $175 5th $25 $225 Alarm Company Permit Fee Initial Fee $25 $60 Renewal Fee $25 $60 Alarm User Permit Fee Initial Fee $25 $60 Renewal Fee $25 $60 ORDINANCE NO. 1329 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 91 OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO POLICE RESPONSE TO FALSE ALARMS AND RECOVERING COSTS RELATED TO RESPONSES TO FALSE ALARMS. WHEREAS, the Baldwin Park Police Department (the "BPPD ") annually responds to over 2057 alarms per year, of which approximately 80 percent (80 %) are false; WHEREAS, the BPPD responses to false alarms constitute approximately three percent (3 %) of calls for police service in the City of Baldwin Park; WHEREAS, responses to false alarms thereby may endanger the public by preventing, diverting, or delaying police officers from patrolling a neighborhood; responding to legitimate calls for police service; or investigating and solving crimes; WHEREAS, the costs associated with BPPD responses to false alarms constitute a waste of tax dollars; WHEREAS, the costs associated with police responses to false alarms currently being borne by the City confers a private benefit on Alarm Company Operators because the Alarm Company Operators, in effect, pass on the costs and obligations of their businesses to the City; WHEREAS, the use of tax dollars to cover the costs of responses to false alarms unfairly requires the estimated 75 percent (75 %) of City taxpayers who do not own alarms to subsidize the costs of responses to false alarms to the detriment of their public safety; WHEREAS, certain Alarm Company Operators in the City provide private response services to determine if the alarm activation is false for a fee, but most Alarm Company Operators and alarm owners instead rely on the "free" service provided by the BPPD; WHEREAS, continued BPPD response to false alarm activations is hazardous and unnecessarily puts police officers, citizens; visitors at risk; and WHEREAS, Alarm Company Operators are in a superior position to alarm users to reduce, significantly, the instances of false alarms through proper installation, servicing and maintenance of alarm systems; through education and instruction of alarm users and employees of alarm users. 0106710010173607.02 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. The Baldwin Park Municipal Code is hereby amended by adding a new Chapter 91 thereto to read in its entirety as follows: Chapter 91 "ALARM SYSTEMS" § 91.01 Short Title and Purpose. (A) This chapter shall be known as the False Alarm Ordinance and may be cited as such. The purpose of the False Alarm Ordinance is to regulate alarm system users, alarm systems and each Alarm Company Operator in order to minimize the occurrence of false alarm activations within the city. (B) A violation of any provision of this chapter shall be deemed an infraction or a misdemeanor, in the city attorney's discretion; shall be punished as provided in Section 10.99 of this code. A violation of any provision of this Article shall also constitute a nuisance. § 91,02 Definitions. Unless the context or subject matter otherwise requires, terms defined herein shall have the following meanings when used in this chapter: (A) "Alarm Business Permit" means a permit validly issued pursuant to Section 91.04. (B) "Alarm Company Operator" means any person, individual, partnership, corporation, or other form of association that engages in business or accepts employment to install, maintain, alter, sell on premises, monitor, or service Intrusion, Property, Burglary, Robbery, Panic Alarms, or other Alarm System located in the city. This includes Alarm Company Operators located outside the city limits and which monitor alarms installed within the city limits. (C) "Alarm System" or "Alarm Device" means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, or other form of message to an Alarm Company Operator, or some other number, or emits an audible or visible signal that can be heard or seen by persons outside the Protected Premises, or transmits a signal beyond the Premises in some other fashion, except any system, device, or mechanism primarily protecting a motor vehicle or a medical alert alarm. An Alarm System or Alarm Device may consist of one or more components (e.g. motion detector, window breach detector, or similar components) all reporting to a central unit/system panel which, in turn, is connected to or reports to an Alarm Company Operator via telephonic, wireless, electronic, video, or other form of message. Non - Monitored Alarm Systems are also included in this definition. (D) "Alarm System User" means the Person having or maintaining a Property, Intrusion, Burglary, Robbery, Panic, or other Alarm System. (E) "Alarm System User Permit" means a permit validly issued pursuant to Section 91.055. (F) "Burglary Alarm" see "Property Alarm," (G) "Chief of Police" means the Chief of the Baldwin Park Police Department, or her or his designee. (H) "Director" shall mean the Chief of Police or her or his designee or a vendor approved by the City Council. (1) "False Alarm" means the reporting of the activation of any Monitored or Non - Monitored Alarm System or Private Alarm System where police arrive at the Premises and determine there is no evidence of intrusion, commission of an unlawful act, or emergency on the Premises that would warrant a call for police assistance or investigation. An alarm shall be presumed to be false if the responding police do not locate evidence of intrusion, commission of an unlawful act, or emergency on the Premises that might have caused the alarm to sound. When responding police find unsecured doors or windows where there is no evidence of forced entry or other evidence of criminal intent, the alarm is presumed to be false. This definition includes signals activated by negligence, accident, mechanical failure, electrical failure signals activated intentionally in non- emergency situations and signals for which the actual cause is unknown. An alarm is not false if the Alarm System User, Alarm Company Operator or person operating or maintaining a Private Alarm System proves: (1) An individual activated the alarm based on a reasonable belief an emergency or actual or threatened criminal activity requiring immediate response existed; or (2) The security system was activated by a violent condition of nature, including, but not limited to, tornadoes, floods, earthquakes or lightning, or by an electrical surge that caused physical damage to the Alarm System. (J) "Fire Alarm" means a signal initiated by a device such as a manual fire alarm box, automatic fire detector, waterflow switch, smoke detector, or other device which, when activated, is indicative of the presence of a fire or fire signature. Fire alarms shall be exempt from the provisions of this chapter except for fire alarms called in erroneously as an Intrusion, Burglary, Robbery, Property, or other alarm. In those situations, the Alarm Company Operator or operator of the Private Alarm System shall be assessed a False Alarm administrative fine. (K) "Intrusion Alarm" see "Property Alarm." (L) "Medic Alarm" means any system, device, or mechanism manually activated by an individual for the sole purpose of notifying emergency services of a medical emergency. (M) "Monitored Alarm System" means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, or other form of message or communication to a private monitoring company, other number, or person who can then notify police that an alarm has been activated. Phis includes all systems, which transmit telephonic, wireless, electronic, video, or other form of message from an alarm installed within the city limits to any location outside of the city limits (e.g., an alarm monitoring center located in a state other than California). All alarms that are monitored, except fire alarms, are included within the definition of "Monitored Alarm System "; e.g., any monitored Burglary, Intrusion, Panic, Premises, Property, Robbery, or other type of Alarm Device. (N) "Non- Monitored Alarm System" means any Alarm System that emits an audible or visible signal that can be heard or seen by persons outside the Protected Premises, but which is not monitored by an Alarm Company Operator. (0) "Panic Alarm" see "Robbery Alarm." (P) "Person" means any individual, partnership, corporation, trust, incorporated or unincorporated entity, or other entity or group of persons, but excludes the United States, the State of California; any political subdivision or municipal corporation thereof. (Q) "Police Department" or "Police" means the Baldwin Park Police Department and includes other law enforcement agencies assisting the Baldwin Park Police Department. (R) "Premises" or "Protected Premises" means any real property and any portion of any real property, within the city, protected by an Alarm System or Private Alarm System. (S) "Private Alarm System" means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, to some other location, or emits an audible or visible signal that can be heard or seen by persons outside the Protected Premises, or transmits a signal beyond the Premises in some other fashion, except (i) any system, device, or mechanism primarily protecting a motor vehicle or a medical alert alarm and (ii) any Alarm System listed by an Alarm System Operator pursuant to subsection (B) of section 91.07. (T) "Private Alarm System Permit" means a permit validly issued pursuant to Section 91.04. (U) "Property Alarm," "Intrusion Alarm," and "Burglary Alarm" mean any system, device, or mechanism for detection and reporting of any unauthorized entry or attempted entry or property damage upon real property protected by the system which may be activated by sensors and, when activated, transmits a telephonic, wireless, electronic, video, or other form of message, or emits an audible or visible signal that can be heard or seen by persons outside the Protected Premises, or transmits a signal beyond the Protected Premises. For purposes of this chapter, alarms on Automatic Teller Machines (ATMs) are included in this definition. (V) "Responder" means a private guard, alarm company guard, private entity, or person contacted by an Alarm Company Operator, or any other person, who verifies there is evidence of intrusion, commission of an unlawful act, or emergency on the premises that would warrant a call for Police assistance or investigation for a Property Alarm, Intrusion Alarm, or Burglary Alarm. Any Responder for an Alarm Company Operator requesting Police response will notify the Police dispatcher what Alarm Company Operator requested them to respond and that Responder will meet Police at the Premises. (W) "Robbery Alarm" and "Panic Alarm" mean any system, device, or mechanism manually activated by an individual on or near a Premises, to alert others a robbery or any other crime is in progress, or the user is in need of immediate assistance or aid in order to avoid injury or serious bodily harm, which meets the following criteria: (1) It is designed to be manually activated by an individual for the purpose of summoning assistance to the Protected Premises; (2) It transmits a telephonic, wireless, electronic, video, or other form of message or emits an audible, visible, or electronic signal that can be heard, seen, or received by persons outside the Protected Premises. (X) "Valid Alarm" means a Property Alarm, Intrusion Alarm, Burglary Alarm, Robbery Alarm or Panic Alarm activation to which Police respond and determine there is evidence of intrusion, commission of an unlawful act, or emergency on the Premises that might have caused the alarm to sound. § 91.03 Certain Devices, Systems, Uses Prohibited. (A) No person shall operate or use an Alarm System or Private Alarm System that emits an audible sound where such emission does not automatically cease within ten (10) minutes. (B) No person shall operate or use an Alarm System or Private Alarm System, which automatically dials the Baldwin Park Police Department directly and delivers a prerecorded message; provided, that this provision does not apply to Medic Alarms. § 91.04 Alarm Business Permit or Private Alarm System Permit Required. (A) Any Alarm Company Operator installing, maintaining, altering, selling on premises, monitoring, or servicing Alarm Systems within the city limits, whether that company is located within California or outside California, is required to maintain an Alarm Business Permit in order to install, maintain, alter, sell on premises, monitor, or service Alarm Systems within the city. (B) An Alarm Business Permit or Private Alarm System Permit cannot be assigned, sold or transferred and may be revoked or suspended pursuant to section 91.08 of this chapter. Issuance of an Alarm Business Permit or Private Alarm System Permit does not create any property right in that permit. (C) No person shall use an Alarm Company Operator for an Alarm System, unless that Alarm Company Operator has a current, valid Alarm Business Permit. (D) No person shall install or operate a Private Alarm System until that person has obtained a valid Private Alarm System Permit. § 91.05 Alarm Business Permit and Private Alarm System Permit Application. (A) Any Alarm Company Operator installing, maintaining, altering, selling on premises, monitoring, or servicing an Alarm System within the city limits, whether that company is located within California or outside California shall, on or before August 1, 2010, apply to the Director, on a form to be furnished by the Chief of Police, for a permit to operate as an Alarm Company Operator. The application shall (i) be signed by the individual proprietor of such business, or by a partner, or by the proper corporate official, as is appropriate for the form of the business seeking the permit, (ii) set forth the owner's name, age, business and residence address if a natural person, the name, age, business and residence address of each partner if a partnership, and the names of the principal officers and business address if a corporation and (iii) shall include a statement the applicant will inform the Police Department within ten (10) days after any substantial change in the information required by this chapter. (B) Applicants already doing business in the city before the date set forth in (A), above, may continue to do business while their permit application is being processed. An applicant not doing business in the city on the date set forth in (A), above, shall not commence doing business until its application is approved. (C) Each application for an Alarm Business Permit required under this section shall be accompanied by a fee the amount of which shall be established by resolution of the City Council. (D) Any person installing, maintaining, altering, monitoring, a Private Alarm System within the city limits shall, on or before August 1, 2010, apply to the Director, on a form to be furnished by the Chief of Police, for a permit to operate the Private Alarm System. The application shall (i) be signed by the individual operating the Private Alarm System, (ii) set forth that person's name, age and business and residence address, and (iii) shall include a statement the applicant will inform the Police Department within ten (10) days after any substantial change in the information required by this chapter. (E) Applicants already doing operating a Private Alarm System in the city before the date set forth in (D), above, may continue that operation while their permit application is being processed. An applicant not operating a Private Alarm System in the city on the date set forth in (D), above, shall not commence that operation until a Private Alarm System Permit is approved. (F) Each application for a Private Alarm System Permit required under this section shall be accompanied by a fee the amount of which shall be established by resolution of the City Council. § 91.05.01 Alarm System User Permit Required. (A) Any Alarm System User within the city limits is required to maintain an Alarm System User Permit for each Alarm System used by that person within the city. (B) An Alarm System User Permit cannot be assigned, sold or transferred and may be revoked or suspended pursuant to section 91.08 of this chapter. Issuance of an Alarm System User Permit does not create any property right in that permit. (C) No person shall use an Alarm System unless that person has a current, valid Alarm System User Permit. § 91.05.02 Alarm System User Permit Application. (A) Any Alarm System User using an Alarm System within the city limits shall, on or before August 1, 2010, apply to the Director, on a form to be furnished by the Chief of Police, for a permit to use an Alarm System. The application shall: (i) be signed by the individual responsible for the use the Alarm System at the subject location, (ii) set forth that person's name, age, business and residence address, (iii) include the date of installation of that Alarm System, (iv) include the name, address, and telephone number of the Alarm Company Operator who installed the Alarm System, the Alarm Company Operator who is monitoring the Alarm System if different from the one who installed that Alarm System, and the Alarm Company Operator responsible for providing repair service to the Alarm System, if different from the one who installed or is monitoring that Alarm System, (v) include a statement the Alarm System User will inform the Police Department within ten (10) days after any substantial change in the information required by this chapter, (vi) include a statement a set of written operating instructions for that Alarm System, including written guidelines on how to avoid False Alarms, have been left with the Alarm System User by the Alarm Company Operator, and (vii) the Alarm Company Operator has trained the Alarm System User in proper use of the Alarm System, including instructions on how to avoid False Alarms. (B) Applicants already using an Alarm System in the city before the date set forth in (A), above, may continue to use and have that Alarm System while their permit application is being processed. An applicant not having or using an Alarm System in the city on the date set forth in (A), above, shall not commence using or having an Alarm System until its application is approved. (C) Each application for an Alarm System User Permit required under this section shall be accompanied by a fee the amount of which shall be established by resolution of the City Council. (D) if an Alarm Company Operator monitors or installed the Alarm System for which a permit is required pursuant to this section, then the fees required by subsection (C), above, or section 91 .065 shall be paid by that Alarm Company Operator. (E) The Alarm Company Operator referred to in subsection (D), above, shall be jointly and severally responsible for the filing of the required application. § 91.05.03 Notice of Installation of Alarm System. Within seven (7) days after installation of each Alarm System in the city, the Alarm Company Operator referred to in subsection 91.055 (D), above, shall notify the Director that Alarm System has been installed. §91.06 Term of Alarm Business Permit or Private Alarm System Permit and Renewal. (A) An Alarm Business Permit or Private Alarm System Permit shall expire on the first day of the calendar month following eleven full calendar months after the month the permit was issued (the "Expiration Date "). (B) An Alarm Business Permit or Private Alarm System Permit renewal shall be dated the Expiration Date of permit being renewed. No renewal permit will be issued until (i) a new signed and complete application is submitted to the city and (ii) the Alarm Business Permit or Private Alarm System Permit fee and any administrative fines or penalties previously imposed on the Alarm Company Operator or person, as applicable are paid. A late charge, the amount of which shall be established by resolution of the city council, will be assessed on each permit holder who does not pay the required renewal fee prior to expiration of its existing permit. A suspended permit may be renewed only as provided in section 91.10. §91.06.01 Term of Alarm System User Permit. (A) An Alarm System User Permit shall expire on each January 1 after the permit is first issued (the "User Expiration Date "). (B) An Alarm System User Permit renewal shall be dated the User Expiration Date of permit being renewed. No renewal permit will be issued until (i) a new signed and complete application is submitted to the city and (ii) the Alarm System User Permit fee and any administrative fines or penalties previously imposed on the Alarm System User are paid. A late charge, the amount of which shall be established by resolution of the city council, will be assessed on each permit holder who does not pay the required renewal fee prior to expiration of its existing permit. A suspended permit may be renewed only as provided in section 91.'10. 91.07 Current Information Required. (A) Within ten (10) days following any change of circumstances which renders obsolete any of the information submitted pursuant to section 91.05, the permittee shall file an amendment to the application setting forth the currently accurate information. No additional fee shall be required. (B) Each Alarm System Operator shall keep on file with the Chief of Police a current list of each Protected Premises serviced by that by that Alarm System Operator. (C)A person shall keep on file with the Chief of Police a current list of each Protected Premises owned or controlled by that person at which that person operates or maintains a Private Alarm System. § 91.08 Suspension and Revocation of Alarm Business, Private Alarm System or Alarm System User Permit. (A) The Chief of Police may suspend or revoke, in her or his reasonable discretion, an Alarm Business Permit, Private Alarm System Permit or Alarm System User Permit based upon one or more of the following grounds, as applicable: (1) If an applicable Alarm System or Private Alarm System results in more than five (5) False Alarms in any 12 -month period. (2) Any false or incomplete statement made on the permit application. (3) Programming of an automatic dialer to select any city telephone line. (4) Maintenance, installation or use of the Alarm System or Private Alarm System in violation of any applicable federal, state or local law, ordinance or regulation, including the requirements of this Article. (5) Failure to provide current information as required in section 91.07. (6) The failure of an Alarm Company Operator employee or person operating or maintaining a Private Alarm System to identify him /herself by operator number, company name, address and phone number at the request of a Police dispatcher. (7) Failure to remit payment of fees, administrative fines or penalties in accordance with this chapter. (8) Failure of an Alarm Company Operator to comply with any applicable federal, state or local law, ordinance or regulation governing the Alarm Company Operator's operations. (9) Failure of the person operating or maintaining a Private Alarm System to comply with any applicable federal, state or local law, ordinance or regulation governing that person's maintenance or operation of a Private Alarm System. (10) Failure of an Alarm System User to comply with any applicable federal, state or local law, ordinance or regulation governing that person's maintenance or operation of an Alarm System. (11) The criminal conviction of an owner, principal, officer or operator of an Alarm Company Operator for any felony whatsoever, or any misdemeanor offense involving moral turpitude. The Chief of Police's decision to either suspend or revoke an Alarm Business Permit on the grounds set forth in this subsection shall be based upon the severity of the violation, including, but not limited to, consideration of the following factors: (a) The materiality and nature of any false or incomplete statement made on the permit application, (b) The number and severity of any prior instances of failure to comply with federal, state or local laws, ordinances or regulations, including the provisions of this Article, by the Alarm Company Operator, (c) The amount of fees, administrative fines or penalties owed and unpaid by the Alarm Company Operator, or (d) The nature of the criminal conviction of an owner, principal, officer or operator of an Alarm Company Operator. (B) If the Chief of Police determines there is cause for the suspension or revocation of a permit, then she/he shall mail a notice of suspension or revocation to the principal of the Alarm Company Operator, as provided on the Alarm Business Permit, or the person to whom a Private Alarm System Permit or Alarm System User Permit has been issued stating the suspension or revocation will be effective thirty (30) days after the date of mailing, unless a notice of appeal is filed with the city clerk in accordance with section 91.13. (C) An Alarm Company Operator operating an Alarm System after the Alarm Business Permit has been suspended or revoked shall be a violation of this chapter. (D) A person operating or maintaining a Private Alarm System after the Private Alarm System Permit for that Private Alarm System has been suspended or revoked shall be a violation of this chapter. (E) A person using any Alarm System after the Alarm System User Permit has been suspended or revoked shall be a violation of this chapter. § 91,09 Appeals of Suspension and/or Revocation Orders. Any Alarm Company Operator, any Alarm System User or the person to whom a Private Alarm System Permit has been issued aggrieved by the action of the Chief of Police in suspending or revoking an Alarm Business Permit, a Private Alarm System Permit or Alarm System User Permit, as applicable, under this Article may, within ten (10) days after such action, appeal to the City by filing written notice with the city clerk and paying the fee established by resolution of the city council. The Chief Executive Officer or his /her designee shall then review the determination or decision of the Chief of Police in the matter appealed from and may approve, disapprove or modify such determination or decision. Such review shall be conducted no later than thirty (30) days after the date of the filing of the appeal, unless both the Chief of Police and appellant agree in writing the Chief Executive Officer may decide the matter at a later date, not to exceed ninety (90) days after the date of the filing of the written notice of appeal with the city clerk. The action of the Chief Executive Officer under this section shall be final and conclusive. §91.10 Reinstatement After Suspension. An Alarm Company Operator whose Alarm Business Permit, person whose Private Alarm System Permit or person whose Alarm System User Permit has been suspended may have the permit reinstated upon proof, to the satisfaction of the Chief of Police, the grounds for suspension no longer exist and upon payment of a reinstatement fee in an amount established by resolution of the City Council. §91.11 False Alarm Administrative Fines. (A) False Alarm Administrative Fine for Alarm Company. An Alarm Company Operator shall pay to the city, within thirty (30) days after the date of an invoice, an administrative fine for each False Alarm generated by each Alarm System monitored by the Alarm Company Operator in excess of one false alarm per calendar year. An Alarm System User shall be responsible for the payment of the false alarm administrative fines for all False Alarms for non - monitored alarm systems. The amount of the administrative fine for each False Alarm shall be established by resolution of the city council. (B) False Alarm Administrative Fine for Private Alarm System. A person operating or maintaining a Private Alarm System shall pay to the city, within thirty (30) days after the date of an invoice, an administrative fine for each False Alarm generated by that ' Private Alarm System in excess of one false alarm per calendar year. The amount of the administrative fine for each False Alarm shall be established by resolution of the city council. (C) Fines Cumulative. Administrative fines for each False Alarm are cumulative and not exclusive. §91.12 Penalties for Failure to Pay Fines. (A) Payment of any administrative fine under this chapter is due within thirty (30) days after the invoice date or within an extension of time granted by the Director. If payment is not received on or before thirty (30) days after the date it became due, then a penalty in an amount established by resolution of the city council shall be imposed. (B) The permittee shall be notified by mail of the amount of any penalties so added or assessed; the same shall become due and shall be paid within ten (10) days after the date of such notice. §91.13 Appeals and Contested Fines. (A) The manner of assessing administrative fines and methods to appeal such fines shall comply with all the procedures specified in Chapter 12 of Title I of this code, unless in conflict with the provisions of this chapter. (B) A separate written request for an administrative hearing must be filed for each administrative fine assessed. Multiple administrative fines, even if assessed against the same Alarm Company Operator, Alarm System User or the person to whom a Private Alarm System Permit has been issued cannot be appealed on a single request for hearing form. (C) Within ten (10) days after the filing of a request for an administrative hearing and paying the appeal fee therefore, the City Clerk shall give notice to the requesting party of the date, time and place of the hearing. The hearing shall be set on a date that is no less than ten (10) days and no more than sixty (60) days after the date of the notice. (D) A request for an administrative hearing must be accompanied by a deposit in the amount of the administrative fine. A request for a hearing shall not be complete and shall not be accepted unless it is accompanied by the deposit and fee required. If the requesting party prevails on appeal, then the amount deposited will be refunded within ten (10) days after the date of decision. (E) The hearing officer on all appeals of administrative fines assessed pursuant to this chapter shall be the Director. A representative for the Alarm Company Operator that has been assessed the fine, the Alarm System User who has been assessed the fine or the person issued the Private Alarm System Permit who was assessed the fine must appear at the administrative hearing. The failure of the Alarm Company Operator representative, Alarm System User or the person issued the Private Alarm System Permit who was assessed the fine to appear at the administrative hearing shall constitute a waiver of the right to a hearing on the citation and any defenses to the citation the Alarm Company Operator, Alarm System User or the person issued the Private Alarm System Permit who was assessed the fine may have had. The Alarm Company Operator's or Alarm System User's deposit or the deposit from the person operating or maintaining the Private Alarm System who was assessed the fine shall be forfeited without further action. A failure to appear at the administrative hearing shall also constitute a failure to exhaust administrative remedies. (F) The remedies set forth in this chapter are non - exclusive and the City may seek any and all legal and equitable relief permitted by law in addition to those remedies set forth in this chapter. §91.14 Mailing of Notices. Any notice required by this chapter to be mailed shall be sent by ordinary mail, addressed to the address as reflected in the records of the Director. Failure to receive such notice shall not relieve the obligation to pay any fee, interest, or penalty, nor shall such failure extend any time limit. It is the responsibility of the Alarm Company Operator or the person operating or maintaining the Private Alarm System who was assessed the fine to inform the Director in writing about a change in address, pursuant to section 91.07. § 91.15 No Duty or Obligation. Nothing in this chapter imposes or creates any express or implied duties or obligations on the part of the city, its Police Department or any other governmental agency. Nothing in this chapter creates any express or implied duty or obligation for the Police Department to respond to an Alarm Device activation of any sort, whether verified or not. Any and all liability or consequential damage resulting from the failure to respond to an Alarm Device activation of any sort is hereby disclaimed and governmental immunity as provided by law is retained by the city. § 91.16 Powers of the Chief of Police. The Chief of Police shall have broad discretion to promulgate, execute and enforce policies, procedures and directives as may in her/his discretion be necessary to implement the provisions of this chapter, including appointment of the Director. Such powers of the Chief of Police shall include, but are not limited to, the power to promulgate, execute and enforce a policy, not inconsistent with the provisions of this chapter, regarding dispatch of officers to any Alarm Device activation, whether or not it is a Valid Alarm. SECTION 2. If any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is declared unconstitutional or otherwise invalid for any reason, or if any portion of this ordinance is pre- empted by state or federal law or regulation, then such decision or pre - emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. SECTION 3. The City Council finds and determines that the enactment of this Ordinance is not a project under the California Environmental Quality Act (CEQA) (Cal. Pub. Resource Code §§ 21000 et seq.) in that the activities described in the Ordinance are a continuing administrative activity of the City involving general policy and procedure making and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. (State CEQA Guidelines, Cal. Code of Regs., Title 14, § 15378.) Therefore, no environmental assessment is required or necessary. SECTION 4. This ordinance shall go into affect and be in full force and operation from and after thirty (30) days after its final reading and adoption. SECTION 5. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published or posted in a manner prescribed by law. PASSED AND APPROVED ON THE 19th day of May, 2010 MANUEL LOZANO, MAYOR ATTEST: LAURA M. NIETO DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do herby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on May 19, 2010. That there after said Ordinance 1329 was duly approved and adopted at a regular meeting of the City Council on by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAURA M. NIETO DEPUTY CITY CLERK BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING May 19, 2010 7:00 P.M. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 Manuel Lozano - Chair Ricardo Pacheco - Vice Chair Marlen Garcia - Member Monica Garcia - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Commission or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Commission or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish - speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita at publico a dirigirse at Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier terra que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, pods hacerlo durante el per %do de Comentarios del Pirblico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. Any writforl puhli(. record rcla ing to �,tn atic;nda item l'or° �'7o open so'csiorl of a rogular rrreelirrcl ell Zhu i,r:3rrrrrrrrrril� f. owoloprr ont Commission that is cllsiribrrlc d to tho c(mlrr uoily 11F;vuloptrw;?r comoli i' -ikjo flw.m 12 ttrxu-s prior to Ihat Inef "tin'(7 will lx' a� =ailr I71 � for public inssp rr=fion al ("ify khdl it) ilrr; C;ily C'lt;rl<�,ti offic;c of 1-14,03 f =�:�, F'rrcfik, Avru�cr��, 3r-d t= ic�rrr- c! +- rrirrr� rr <�rtrrrri L>r�wrtr ?c „��> f3c,t.trU lMr.�rr�.l =�y - 17ratrsc,.:ry, 7. 3(� �r.rrf �, „j ,r3.11r.) Community Development Commission Agenda -- May 19, 2010 Page 1 COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Marlen Garcia, Monica Garcia, Susan Rubio, Vice -Chair Ricardo Pacheco and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutes sera el limite pars hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fjar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the Commission and will be approved with one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends Commission receive and file. 2. MINUTES Staff recommends Commission approve the minutes of the special and regular meetings of May 5, 2090. PUBLIC HEARING 3. PUBLIC HEARING TO CONSIDER THE FISCAL YEAR 2010/2011 CITY, COMMUNITY DEVELOPMENT COMMISSION AND HOUSING AUTHORITY BUDGETS (See related Item #12 on the City Council Agenda and Item #3 on the Housing Authority Agenda) Staff recommends City Council, Community Development Commission and Housing Authority conduct a joint public hearing and following the public hearing approve the Fiscal Year 201011 budget as presented or amended and waive further reading, read by title only and adopt Resolution No. 456 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2010 AND ENDING JUNE 30, 2011." Community Development Commission Agenda — May 19, 2010 Page 2 ADJOURNMENT CERTIFICATION I Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. May 13, 2010. 6�ma )11, �, ?A Laura M. Nieto, CIVIC Deputy City Clerk PLEASE NOTE; Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2 "d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e-mail at Inieto@baldv inpack.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) Community Development Commission Agenda — May 19, 2010 Page 3 COMMUNITY D V IOPM NT oummissm r,,�"10 COMMUNITY DEVELOPMENT COMMISSION CITY OF BALDWIN PARK May 19, 2010 WARRANT REGISTER NO. 716 RUN: TUESDAY MAY112010 18:04 PAGE 3 REPORT: C} {ECKREG GENERATED: 15 APR 09 11:49 CITY OF BALDWIN PARK CHECK REGISTER CHECK RANGE: 13193 - 13203 CHECK HANK CHECK # CHECK AMT CHECK DATE VENDOR It ADDRS I) VENDOR NAME STATUS INVOICE {j INV VEND SJO (I AMOUNT G/L ACCT 11 DESCRIPTION 2 13193 $140.00 04/14/10 08688 0 ALESHIRE & WYNDER LLP CBD /SV 13588 110.00 036 -00- 000 - 51101- 14900 -2 LEGAL SERV FOR 30.00 834 -00- 000 - 51101- 14900 -2 LEGAL SERV FOR CDB /SV CORp4 2 13194 922522 8901001000 - 530370-14900 -2 CARPETNINSTTALL,ATIONSERVATION /13/10 2 13195 1000 EDISON ROP 09/15/10 66211 090-00 - 59370- 14900 -2 FOR HOUSE. 2 13198 $140.00 05/04/10 08688 0 ALESHIRE & WYNDER LLP FOR CBD /SV 04/28/2010 110.00 836 -D6- 000- 513.01- 14900 -2 LEGAL SERV 30.00 834 -00- 000 - 51101-14900 -2 LEGAL SERV FOR CRP /SV $92.52 05/04/10 10214 0 SAN GABRIEL CONSERVATION CORP 2 13199 92,52 890 -00- 000 - 53370- 14900 -2 CARPET INSTALLATIONS 04/13/2010 2 13200 a90o00 -000- 04/15/2010 6671 53370914900 -2 EDISON BILLIFORDROPOHOUSE 2 13201 5306.64 05/06/10 04878 -00- 000 - 53370- 14900 -2 0 HOME DEPOT INSTALLATION SUPPLIES & RENTAL 5275259 67.06 118.37 890 890 -00- 000 - 53370 - 14900 -2 INSTALLATION SUPPLIES & RENTAL 6663 - 151230 121,21 890 -00- 000 - 53370- 14900 -2 INSTALLATION SUPPLIES & RENTAL 970442 2 13202 $12442.00 05/06/10 06714 0 LAIDLAP! B.P. REALTY ASSOCIATES, LLC PYMT 7/1- 09/30/2010 QUARTERLY PYMT 12442.00 836 -00 -000- 53370- 14900 -2 QRTLY 2 13203 $1790663.00 05/06/10 09347 1 LOS ANGELES CO AUDITOR FY 09/10 SERAP PMT 595663.00 836 -00- 000 - 13000-14900 -1 FY 09/10 SERAF PYMTS 1195000.00 - H90 -00- 000 - 13000 - 14900-1 i'Y 09/10 SERAF PYMTS TOTAL 11 OF ISSUED CHECKS: 6 TOTAL AMOUNT: '1003650.37 TOTAL fl OF VOIDED /REISSUED CHECKS: 3 'TOTAL AMOUNT: 238.73 TOTAL P OF ACH CHECKS: 0 TOTAL AMOUNT: 0.00 TOTAL 8 OF UNISSUED CHECKS: 0 CITY OF BALDWIN PARK CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION Tiff COMMI ¢NIA D VELOPM 1 COMM I, lkont. -JL* av WEDNESDAY, MAY I AM 2010 6:00 p.m. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor/ Chair Ricardo Pacheco, Mayor Pro Tern 1 Vice Chair Marten Garcia, Monica Garcia, Susan Rubio Councilmembers 1 Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER Mayor I Chair Lozano called the meeting to order at 6:10 p.m. ROLL CALL Present: Councilmember 1 Member Marlen Garcia, Councilmember 1 Member Monica Garcia, Councilmember 1 Member Rubio, Mayor I Chair Lozano. Absent: Mayor Pro Tern 1 Vice Chair Pacheco. Also Present: Chief Executive Officer Singhal, City Attorney Ailin, Community Development Manager Castagnola, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1, CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (Two cases) 2. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Page 1 of 3 Properties: 8437 - 004 -059 Henry H. and Kao Chang 4212 Maine 8437 -004 -060 J &J Warehouse Co. 1 Newman Tek Capital 14417 Ramona 8437 -004 -061 14433 Baldwin Park LLC 14433 Ramona 8437 -004 -062 14433 Baldwin Park LLC 14433 Ramona 8437 -004 -063 J &J Warehouse Co. l Newman Tek Capital NIA 8437 - 004 -064 J &J Warehouse Co. 1 Newman Tek Capital 14467 Ramona 8437 -004 -065 J &J Warehouse Co. 1 Newman Tek Capital 14519 Ramona 8437 -004 -066 J &J Warehouse Co. 1 Newman Tek Capital 14483 Ramona 8437 - 004 -067 J &J Warehouse Co. 1 Newman Tek Capital 14455 Ramona 8437 - 004068 Bank of America 14401 Ramona 8437- 004 -069 J &J Warehouse Co. 1 Newman Tek Capital 4124 Maine 8437 - 004 -070 Roxbury Properties 4124 Maine 8437 -004 -959 Baldwin Park Co. Water District 14521 Ramona Negotiators: Vijay Singhal and Joseph W. Pannone Negotiating Parties: Above -named property owners Under Negotiation: Terms and conditions B) Properties: 8554 -001 -806 NIA 8554- 001 -807 NIA 8554 - 001 -808 14436 Ramona Blvd. 8554 -001 -809 14436 Ramona Blvd. Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: GTE California, Inc. Under Negotiation: Price and terms of payment RECONVENE IN OPEN SESSION The Council 1 Commission reconvened in open session with all members present REPORT FROM CLOSED SESSION Page 2of3 No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7,00 p. M. Approved as presented by the Council 1 Commission at their meetings held May 19, 2010. Laura M. Nieto, CIVIC Deputy City Clerk Page 3 of 3 CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION MINUTES WEDNESDAY, MAY 05, 2010 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor /Chair Ricardo Pacheco, Mayor Pro Tem /Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Council Members /Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Marlen Garcia, Member Monica Garcia, Member Rubio, Vice Chair Pacheco, Chair Lozano, Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Ailin, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR with the exception of Item 4 Moved by Chair Lozano, seconded by Member Marlen Garcia. 1. WARRANTS AND DEMANDS Commission received and filed. 2. MINUTES Commission approved the minutes of the special and regular meetings of April 21, 2010. 3. MEMORANDUM OF UNDERSTANDING - IMMANUEL HOUSING, INC. Commission approved the Memorandum of Understanding between the Baldwin Page 1 of 2 Park Community Development Commission (CDC) and Immanuel Housing, Inc. in regards to the use of the CDC owned single - family property located at 4500 Bresee Avenue as temporary housing for residents residing at the HOME Multi- family rehabilitation site. The following item was pulled by Chair Lozano for separate discussion: 4. SUPPLEMENTAL EDUCATIONAL REVENUE AUGMENTATION FUNDS (SERAF) OBLIGATION FOR FY 09 -10, STATE LEGISLATION CHAPTER 21 STATS 2009 (ABX4 26) CEO Singhal reported that the pending lawsuit had recently been settled and that the City was obligated to pay $1.7 million in the current year and $300,000 in the next year to help the state balance its budget. He reported that this money would be coming from the low /mod income funds Motion: Authorize staff to make the required SERAF payment using FY 2009- 10 Low and Moderate Income Housing Fund and available Commission funds by May 10th, if the outcome of the CRA lawsuit is not in their favor, and prepare an agreement for repayment by June 30, 2015. Moved by Chair Lozano, seconded by Member Rubio. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:20 p.m. Approved as presented by the Commission at their meeting held May 19, 2010. Laura M. Nieto, CMC Deputy City Clerk Page 2 of 2 COMM11NITY DEVELOPMENT com-MISM twf.0 "'I MAY .0 I� See re%lated City Council Agenda Item #12 and Housing A uthort"ty Agenda Item #3 ■ A, Ir ■ REGULAR MEETING INN May 19, 2010 7:00 PM COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 Manuel Lozano - Chair Ricardo Pacheco - Vice Chair Marien Garcia - Member Monica Garcia - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VOR DE APA GAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction, If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO So invita al publico a dirigirse al Concilio o cualquiera otra do sus Agencias nombradas on esta agenda, pare hablar sobre cualquier asunto publicado en la agenda o cualquier tema que oste bajo su jurisdiccion. Si usted desea la oportunidad do dirigirse al Concilio o alguna de sus Agendas, podra hacerlo durante el periodo de Comentarfos del Publico (Public Communications) anunciado en la agenda. A cada persona so le permito hablar por tres (3) minutes. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 94403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6 :00 p.m.) FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members Marlen Garcia, Monica Garcia, Susan Rubio, Vice -Chair Ricardo Pacheco and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite par@ hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGiRSE AL COMISiON No se podra tomar acci6n en algun asunto a menos que sea incluido en /a agenda, o a menos quo exista alguna emergencia o circunstancia especial. El cuerpo legislative y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proxim as. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1, MINUTES Staff recommends Authority approve the minutes of the regular meeting of April 21, 2010. ADJOURNMENT CERTIFICATION 1, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. May 13, 2010. Laura M. Nieto, CMC Deputy City Clerk PLEASE NOTE., Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hali, 2"d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626,960.4011, ext. 466 or via e -mail at inieto baldwin ark. corn. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011, Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) CITY OF BALDWIN PARK FINANCE AUTHORITY MINUTES FINANCING AUTHORITY AGENDA MAY 1 = WEDNESDAY, -24-, - 2010 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor /Chair Ricardo Pacheco, Mayor Pro Tem /Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Council Members /Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The FINANCE AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Marlen Garcia, Member Monica Garcia, Member Rubio, Vice Chair Pacheco, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Marlen Garcia. 1. MINUTES Authority approved the minutes of the regular meeting of March 17, 2010. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:51 p.m. Approved as presented by the Authority at their meeting held May 19, 2010. Page 1 of 2 Laura M. Nieto, CIVIC Deputy City Clerk Page 2 of 2 ■ L wo REGULAR MEETING May 19, 2010 7;00 PM COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 1. Manuel Lozano - Chair Ricardo Pacheco - Vice Chair Marten Garcia - Member Monica Garcia - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse at Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier terra quo estd bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse at Concilio o alguna de sus Agencias, podra hacerlo duranto el periodo do Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar per tres (3) minutes. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Housing Authority that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clork's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) HOUSING AUTHORITY 77i REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Marlen Garcia, Monica Garcia, Susan Rubio, Vice -Chair Ricardo Pacheco and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite Para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISION No se podra tomar action en algun asunto a menos que sea incluido en la agenda, o a menos que exista algOna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fi]ar asuntos pars tomar on consideration en juntas proximas. [Codigo de Gobierno §54354.2] CONSENT CALENDAR 1. MINUTES Staff recommends Authority approve the minutes of the regular meeting of April 21, 2010. 2. APPROVAL OF RESOLUTION NO. HA 2010 -003 ADOPTING THE UPDATED FINANCIAL PROCEDURES FOR THE BALDWIN PARK HOUSING AUTHORITY Staff recommends Authority waive further reading, read by title only and adopt Resolution No. HA 2010 -003 entitled, "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE FINANCIAL PROCEDURES FOR THE BALDWIN PARK HOUSING AUTHORITY." PUBLIC HEARINGS 3. PUBLIC HEARING TO CONSIDER THE FISCAL YEAR 2010/2011 CITY, COMMUNITY DEVELOPMENT COMMISSION AND HOUSING AUTHORITY BUDGETS (See related Item #12 on the City Council Agenda and Item #3 on the Community Development Commission Agenda) Staff recommends City Council, Community Development Commission and Housing Authority conduct a joint public hearing and following the public hearing approve the Fiscal Year 2010 -11 budget as presented or amended and waive further reading, read by title only and adopt Resolution No. HA 2010 -004 entitled, "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2010 AND ENDING JUNE 30, 2011." ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. May 13, 2010. Am� ?� a y Laura M. Nieto, CMC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Nall, 2"d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e -mail at lnieto(abbaldwinpark.com . In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.904 ADA TITLE !i) HOUSING AUTHORITY AGENDA MINUTES MAY 19 CITY OF BALDWIN PARK i . 1b ',ti WEDNESDAY 21, HOUSING AUTHORITY ° �s�, Y 7:00 p.m. COUNCIL v, . , ,s CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor /Chair Ricardo Pacheco, Mayor Pro Tem /Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Council Members /Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The HOUSING AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Marlen Garcia, Member Monica Garcia, Member Rubio, Vice Chair Pacheco, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Marlen Garcia. 1. MINUTES Authority approved the minutes of the regular meetings of March 17, 2010 and April 7, 2010, ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:52 p.m. Approved as presented by the Authority at their meeting held May 19, 2010. Page 1 of 2 Laura M. Nieto, CIVIC Deputy City Clerk Page 2 of 2 a IA � BALDWIN P yA, P,, K CITY OF DALDWIN PARK HOUSING AUTHORITY AGENDA MAY r: S TA FffWWRI TO: Honorable Chair and Members of the Board FROM: Marc Castagnola, AICP, Community Development Mana DATE: May 19, 2010 SUBJECT: Approval of Resolution HA 2010 -003 adopting the updated Financial Procedures for the Baldwin Park Housing Authority. PURPOSE The purpose of this staff report is to request the Authority Board to approve Resolution HA 2010 -003 adopting the attached updated Financial Procedures for the Baldwin Park Housing Authority. BACKGROUND /DISCUSSION In July 2009, the Housing and Urban Development Department (HUD) Office of Inspector General (OIG) conducted an audit of the Baldwin Park Housing Authority. One of the Findings received in this audit was that the HA was lacking updated Financial Procedures. The current Financial Procedures were prepared in June 1987. The updated draft Financial Procedures, which were prepared by HA staff and Finance staff, has been revised to meet HUD requirements and identify current practices, procedures, software and staff assignments. As noted and requested in the audit, the draft Financial Procedures provides internal control procedures that management has implemented to reasonably ensure that: ■ a program meets it's objective to detect misuse, failure or errors; ■ reliable data are obtained and that Housing Assistance Payments are correct and timely; ■ resources use is consistent with laws and regulations; and ■ resources are safeguarded against waste, loss and misuse. Also as required, attached is Resolution No. HA 2010 -001, approving the Procurement Policy. RECOMMENDATION Staff recommends that the Housing Authority Board approve Resolution HA 2010 -003 adopting the updated Financial Procedures for the Baldwin Park Housing Authority. Attachment - Resolution No. HA 2010 -003 - (Financial Procedures) RESOLUTION NO. HA 2010 -003 A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE FINANCIAL PROCEDURES FOR THE BALDWIN PARK HOUSING AUTHORITY WHEREAS, the attached Financial Procedures (Exhibit "A ") implements internal controls to ensure accuracy and compliance of program policies and procedures; and WHEREAS, the Financial Procedures submitted by the Baldwin Park Housing Authority has been reviewed and found to be in order and consistent with HUD requirements; and NOW, THEREFORE, THE BALDWIN PARK HOUSING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: SECTION I: The Financial Procedures provides internal control procedures that management has implemented to reasonably ensure that a program meets it's objective to detect misuse, failure or errors; SECTION II: The Financial Procedures provides internal control procedures that management has implemented to reasonably ensure that reliable data are obtained and that Housing Assistance Payments are correct and timely. SECTION III: The Financial Procedures provides internal control procedures that management has implemented to reasonably ensure that resources use is consistent with laws and regulations. SECTION IV:The Financial Procedures provides internal control procedures that management has implemented to reasonably ensure that resources are safeguarded against waste, loss and misuse. SECTION V: That the City Clerk shall certify to the adoption of this Resolution. PASSED AND APPROVED this day of , 2010. MANUELLOZANO CHAIR Resolution HA 2010 -003 Page 2 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) .ss CITY OF BALDWIN PARK ) I, Laura Nieto, Deputy City Clerk of the City of Baldwin Park do hereby certify that the above foregoing Resolution was duly passed and adopted by the Baldwin Park Housing Authority at a Special Meeting thereof, held on the day of 2010, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Laura Nieto Deputy City Clerk BALDWIN PARK HOUSING AUTHORITY TABLE OF CONTENTS Page I. PROCEDURES Purchase Orders 1 -3 Landlord Payable — Additions, Changes & Deletions 4 Check Preparation and Approval — Landlord Payable Checks 5 Check Preparation and Approval — Council Dates Checks 6 - 7 Check Preparation and Approval — Manual Checks 8 Void Checks 9 Cash Receipts and Deposits 10-11 Daily Closing — Overview 12 Journal Entries 13 Account Reconciliations — Cash 14 Account Payable — Receivable Reconciliations 15 Monthly General Ledger Closing 16 -17 Requisition for Partial Payment of Annual Account Numbers — Additions 18 ACCOUNTING POLICIES Journal Entries Receipts and Deposits Purchase Order Check Preparation 19 19 19 20 BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject Revision No. Effective Date Procedure No. Approved By Page 1 PURCHASE ORDERS Responsibility Action Frequency._ Senior Finance If the vendor number does not exist, the vendor is As ClerklCity Service entered into the Gemstone system. Necessary Worker Senior Finance Runs a control tape on totals of all invoices. Prior to Clerk/City Service Entering Worker Batch Senior Finance Assigns batch ID number for Purchase Order batch. Prior to Clerk/City Service Requisition from Departments are given to Finance after Entering Worker being signed by the Department Heads Batch Senior Finance Enters the Purchase Order into the Gemstone system. Daily Clerk/City Service Worker Senior Finance Compares the control tape to the after batch total on the After Printing ClerklCity Service screen display printing of the Purchase Order Work File The Edit Worker the opening and control totals. The edit control total must Listing equal the list control tape total. If not, perform Edit Procedures. City Service Enters the information for the Purchase Order with the As Worker /Management following information: Necessary Assistant 1. Date 2. Purchase Order number. The computer assigns each new Purchase Order a number. 3. Vendor name and address 4. Quantity, if applicable. 5. Description of item or service. Description should be as specific as possible. Description for the Landlord Payables should be the tenant name and what month it applies. BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject Revision No. Effective Date Procedure No. Approved By Page 2 PURCHASE ORDERS Responsibility Action Frequency 6. Account number to distribute the line item expenditure to. The system will not accept more than one account number distribution per line item. If there is more than one account number to distribute the expenditure to, split the line item into as many line items as there are account distributions. Show a total of the charges to verify it matches the total line item. All account numbers must included: o Fund number if the distribution is to any fund other than the general fund. o Object code. o Project number, if applicable. 7. Unit price. 8. Total amount of the item, service or housing assistance payment. 9. Subtotal Purchase Order for all line items. 10. Enters the amount of sales tax, if applicable, below the subtotal. Do not label the sales tax as a line item. Upon completion of the batch entry, performs a print screen of the Purchase Order Work File. Opening and control totals screen. Management Performs the posting procedures. After Review Assistant Of the Edit Listing Management Changes the paper to Purchase Order Forms and prints After Edit Assistant the Purchase Orders. Routes Purchase Orders to the Listing is Department Heads. Corrected BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject Revision No. Effective Date Procedure No. Approved By Page 3 PURCHASE ORDERS Responsibility Action Frequency Department Receives the Purchase Orders. After review of the After Purchase Heads Purchase Orders, approves by signing and returns to the Order is Housing Programs Manager. Printed Management Distributes the Purchase Orders: After Purchase Assistant/Senior Order is Finance Clerk/City o White -- Attached to check. Printed Service Worker o Pink — Filed in a numeric control file. o Green -- Filed with vendor invoice. Management Prints a Posted Edit Listing for Purchase Orders After Printing Assistant/Senior processed during the day. The Edit Listing is used to The Edit Finance Clerk/City control Purchase Orders by order number. Files with Listing Service Worker Purchase Orders. Management Files the Purchase Order Edit Listing in chronological After Printing Assistant/Senior orders. The Edit Listing Finance Clerk/City Service Worker Housing Receives invoice from vendor. Attaches the invoice As Received Manager routing slip to invoices. Housing Matches pink copy of Purchase Order, receiving Daily Manager documents and invoice to Purchase Requisition. If all items are not received, file in open vendor file until all items are received. Housing If invoice is received from the vendor but no Purchase Daily Manager Order and/or receiving documents are on file, Finance will route invoice back to requesting to prepare necessary paperwork. Two days after the invoice is sent back to the division, all vendor payment inquiries will be directed to the division until the necessary paperwork is received back in Finance. Senior Finance Clerk Enters the invoice into the GEMSTONE system. Daily BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject Revision No. Effective Date Procedure No. Approved By Page 4 LANDLORD PAYABLE — ADDITONS, CHANGES, DELETIONS Responsibility Action Frequency Housing Prepare payments sheets for any additions, changes, or As Required Specialist deletions to the Landlord Payable file. Routes to Housing Program Manager. Housing Enters the Landlord Payable changes into the Happy When Manager system. Received Housing Reviews Check Edit Report for all changes made. Makes When Manager any additional changes if necessary. Routes to Received Department Head. Department Reviews the Check Edit Report and initials as being When Head approved. Routes to Housing Programs Manager. Received Housing Files the final updated Housing Authority Check Edit After Manager Report in chronological order. Landlord Payables Have Been Run BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject CHECK PREPARTAION AND APPROVAL — LANDLORD PAYABLE CHECKS Revision No. Effective Date Procedure No. Approved By Page 5 Responsibility Action Frequency Housing Manager Prints all invoices in batch to be paid Prior to End of Month Senior Finance Clerk/City Service Worker Print the checks. Prior to End of Month Senior Finance Clerk/City Service Worker Distributes checks: o Original — To landlords o Check Summary given to Accountant and Housing Program Manager End of Month Housing Manager Files the Summary Check Register in chronological order. End of Month BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject Revision No. Effective Date Procedure No. CHECK PREPARATION AND APPROVAL- Approved By Page 6 COUNCIL DATES CHECKS Responsibility Action Frequency Senior Finance Prints the cleared invoices to be paid. Prints the 3:00 PM Clerk/City Service Schedule of Claims and Demands Report (C007) to be Tuesday Worker given to the City Council for approval. Prior to The Council Meeting Prepares the Warrant Register for the Council. Includes 3:00 PM Senior Finance the following: Tuesday Clerk/City Service Worker o Total of regular Claims and Demands checks. o Total of manual checks and immediate pay checks Prior to The Council Meeting (Note: The Landlord Payable checks are not included on the Warrant Register.) Routes Warrant Register to City Clerk. City Receives the Warrant Register. Approves or makes any Scheduled Council corrections and routes to Housing Program Manager. Meeting Date Senior Finance Clerk Changes the paper to check forms and prints the checks. 3:00 PM Checks are signed electronically. Tuesday Prior to The Council Meeting BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject Revision No. Effective Date Procedure No. CHECK PREPARTAION AND APPROVAL — Approved By Page 7 COUNCIL DATES CHECKS Responsibility Action Frequency Senior Finance Clerk Stores checks in the safe until after they have been Prior to Council approved in the Council meeting. Files the Summary Meeting Check Register in chronological file. Senior Finance Clerk Receives approved Warrant Registers. Makes Day After Council corrections as necessary. Routes checks to be signed to Meeting Data Processing. Senior Finance Clerk Distributes checks: Two Days After • Original- To vendor. • Yellow — To Batch date file attached to invoice and Council Meeting Purchase Order. Senior Finance Clerk Files Warrant Register in chronological file. Two Days After Council Meeting BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject Revision No. Effective Date Procedure No. CHECK PREPARTAION AND APPROVAL — Approved By Page 8 MANUAL CHECKS Responsibility Action Frequency Housing Prepares the check manual request with proper Daily Manager paperwork. Housing Distributes checks: As Received Manager • Original -- To vendor. • Yellow — (Vendors) To batch date file attached to invoice and Purchase Order. o -- (Landlord Payables) To numeric file for Landlord payables. Senior Finance Enters manual checks into Gemstone System Prior To Clerk /City Service Next Council Worker Meeting Housing Put manual checks on hold and prints Manual Check File Prior To Manager Listing. Reviews for accuracy and completeness. Next Council Meeting Senior Finance Post manual checks. Files Manual Check File Listing in Prior To Clerk/City Service chronological file. Next Council Worker Meeting Senior Finance See Check Preparation and Approval — Council Dates Prior To Clerk/City Service Checks for procedures to Warrant Register. Next Council Worker Meeting BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject Revision No. Effective Date Procedure No. VOID CHECKS Approved By Page 9 Responsibility Action Frequency Housing Receives the check to be voided from the division and As Manager prepares a memo describing reason for the void. Received Housing Writes "void" on check, fills the date of void, reason for As Manager voiding and initial of the Clerk entering and voiding the Received check. Senior Finance Enters checks to be voided in the Happy system. As Clerk/City Services Received Worker Print out Voided check report from Happy system for As Accountant Landlord Payables. Required Accountant Files void checks and report in Housing numerical file. As Received BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject CASH RECEIPTS AND DEPOSITS Revision No. Effective Date Procedure No. Approved By Page 10 Responsibility Action Frequency City Service Worker Opens the mail, separates checks payable to the Housing Authority. As Received City Service Worker Makes a copy of the check and writes a description of the receipt on the copy of the check. Routes to Accountant Daily Finance Clerk Endorses Checks with restrictive endorsement stamp Prepares deposit. Distributes deposit slip: o Original —To bank. Copy to File Daily Senior Finance Clerk Deposit is sent to Bank by electronic deposit system Daily Accountant Writes the Revenue Source Code on the copy of the check. When Received Accountant Enters the Cash Receipts into the computer. Daily BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject Revision No. Effective Date Procedure No. CASH RECEIPTS AND DEPOSITS Approved By Page 11 Responsibility Action Frequency Senior Finance Clerk Compares the tape totals prepared earlier to the batch Daily total in the Deposit Report. The control total amount and Deposit Report amount must equal the tapes. To correct Cash Receipt or the control totals, perform change or delete procedure. Assistant Accounting Post the batch. Daily Manager Finance Clerk Prints the batch report after posting and files by day. Daily BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject Revision No. Effective Date Procedure No. DAILY CLOSING — OVERVIEW Approved By Page 12 (See detailed procedures for each activity Responsibility Action Frequency Finance Clerk Prepares deposit to the bank for receipt transactions for Daily the prior day. Morning Accountant Enters the Cash Receipts by Journal Entry into As Needed Gemstone system Management Enters the approved Purchase Orders for the day into the Daily Assistant system after it is assigned a batch number Senior Finance Clerk Processes regular council meeting checks, immediate Daily pay checks and/or manual checks (as necessary). (As Necessary) Senior Finance Clerk Processes void checks as necessary. Daily (As Necessary) Accountant Enters Journal Entries into the system as necessary. Daily (As Necessary) Finance Clerk Generates a Daily Activity report after all daily End Of Day transactions are posted to the general ledger. Accountant Reviews the Daily Activity report against the daily input Following Day for accuracy. Any adjustments are prepared by Journal Entry. BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject Revision No. Effective Date Procedure No. JOURNAL. ENTRIES Approved By Page 13 Responsibility Action Frequency Accountant Reviews supporting documentation and monthly entries Prior To The to be made from various sources. For example: Tenth Working Day After Month • H.A.P payment adjustments. • Payroll charges to Housing Authority End • Adjustment to cash. • Other adjustments. Accountant Prepares Journal Entry. Routes to Assistant Accounting Prior To The Manager for approval. Tenth Working Day After Month End Assistant Accounting Reviews entry and approves by signing. Prior To The Manager Tenth Working Day After Month End Accountant Enters the Journal Entry into the Gemstone system. Prior To The Tenth Working Day After Month End Accountant Prints out Adjusting Journal Entry Edit Listing and Prior To The compares to actual Journal Entries and tape total. Makes Tenth Working corrections if necessary. Day After Month End Assistant Accounting Posts the entries in the Gemstone system. See Prior To The Manager Gemstone Manual. Tenth Working Day After Month End BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject ACCOUNT RECONCILIATIONS -- CASH Revision No. Effective Date Procedure No. Approved By Page 14 Responsibility Action Frequency Accountant Receives bank statement from bank. Monthly Accountant Runs the Housing Cash Accounts reports from the Gemstone Transaction reports After Month End Closing Accountant Receives Bank CID/Statement and prepares Outstanding checks listing and bank reconciliation Monthly Assistant Accounting Manager Reviews the bank reconciliation and approves by signing. Routes to Accountant. Prior To Next Month End Closing Accountant Notifies the bank of any adjustments which they will need to make. Prior To Next Month End Closing Accountant Prepares a Listing for adjustments made per the bank reconciliation. Prior To Next Month End Closing BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject ACCOUNTS PAYABLE — RECEIVABLE RECONCILIATIONS Revision No. Effective Date Procedure No. Approved By Page 15 Responsibility Action Frequency Accountant Runs the Housing Authority Balance Sheet after the general ledger has been updated for the month. Account Payable is run through the Gemstone system After Month End Closing BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject Revision No. Effective Date Procedure No. MONTHLY GENERAL LEDGER CLOSING Approved By Page 16 Responsibility Action Frequency Accountant Prepares reconciliations in the following accounting Pre- General areas: Ledger Closing • Cash accounts. • Accounts payable. • Other accounts, as necessary. Prepares Journal Entries to record reconciling items, as necessary, into the GEMSTONE system. See GEMSTONE Users Manual. Accountant Prepares and process all standard Journal entries for Pre - General the month into the Gemstone system. Entries Ledger include: Closing • Direct deposits. • Gas charges. • Wire transfers. • Other standard journal entries as needed. Data Performs file backup procedures on the current Pre - General Processing month data. Ledger Closing BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject Revision No. Effective Date Procedure No. MONTHLY GENERAL LEDGER CLOSING Approved By Page 97 Responsibility Action Frequency Accountant Runs the month -end closing procedures and update data Prior To files in the GEMSTONE system The Tenth Day Of The Following Month Accountant Reviews the Trial Balance report for proper posting of the Prior To Journal Entries and transactions. The Tenth Day Of The Following Month Management Reviews the month -end financial reports for Prior To Assistant reasonableness and distributes to the following The Tenth Day Of The o Original —To Finance files. o Copy — To various department/cost center Following Month managers. Accountant Prints out the Monthly Detail Check Register and files in Prior To chronological order. The Tenth Day Of The Following Month BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject Revision No, Effective Date Procedure No. ACCOUNT NUMBERS - ADDITIONS Approved By Page 18 Responsibility Action Frequency Accountant Determines the need for additional account numbers to be created from new legislation, different transactions or As Necessary Housing Authority Management. Accountant/ Prepares an Email describing the following: As Management Necessary Assistant o Name of fund, object or project. o Account Number. o Purpose of account. o What accounts are associated with proposed account. o How it is funded (if applicable). Management Assistant Adds new fund, object or project number into Gemstone. As Necessary Subject ACCOUNTING POLICIES JOURNAL ENTRIES EALDWIN PARK HOUSING AUTHORITY PROCEDURES ion No. Effective Date Approved By Procedure No. Page 19 All Journal Entries made to the general ledger are properly recorded and approved. Journal Entries record activity and adjustments to the Housing Authority's general ledger. The Journal Entries are prepared by the Accountant each month prior to the month -end closing procedures and reviewedlapproved by the Assistant Accounting Manager. The Accountant files with the original documentation. RECEIPTS AND DEPOSITS The Housing Authority receives funds form three sources: • Cash received directly. • Checks, money orders, etc., received directly or in the mail. • Direct deposits into one of the Housing Authority's bank accounts. Cash, checks or money orders received are deposited into the bank accounts of the Housing Authority. Upon notification from the bank, an adjustment is made to reflect the deposit on the Housing Authority's general ledger. PURCHASE ORDER A Purchase Order is entered into the Housing Authority's records for purchases and payments requiring a purchase order. The Purchase Order is prepared prior to purchases and payments. When approved, the Purchase Order is an additional source document along with the vendor invoice or other necessary documentation. BALDWIN PARK HOUSING AUTHORITY PROCEDURES Subject Revision No. Effective Date Procedure No. ACCOUNTING POLICIES I Approved By I Page 20 CHECK PREPARATION The Housing Authority can issue three different types of checks: • Council dated checks. • Manual checks. • Landlord payable checks Council dated checks are prepared for all invoices submitted to the Housing Authority by the Tuesday prior to the Council meeting. The invoices to be paid are listed on a Warrant Listing and submitted to the Council for approval. The approved checks are released on the Thursday following the Council meeting. Manual checks are issued for expenditures are which must be paid immediately and can not wait for an immediate pay check to be preceded. The Department Head must approve all manual checks. The manual checks are added to the Warrant Listing for the next Council meeting. Landlord payable checks are issued for housing assistance payments made to Landlords in the various assistance programs. The Housing Manager must approve the Check Edit Listing prior to final approval to process the checks. The total checks issued for Landlord Payables must be reconciled to the Check Edit Listing and approved prior to distribution of checks. Y. 0 r a MAY 1 s� ITEM N0. See related Council Agend.. Item #-12 ` Community Development a Iff Commission Agenda Item #j*-"