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HomeMy WebLinkAbout2012 08 15NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, AUGUST 15, 2012 at 5:36 p.m. at City Hall — 3`° Floor Conference Room 307, 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. •r r r - Dated: August 9, 2012 V --. Manuel Lozano Mayor c � • -0 ej I, Alejandra Avila, 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 August 9, 2012. N i Alejandra Avila City Clerk CITY HALL — 3dF!oor, Conference Room 307 14403 EA S TPA 1- PARAL, CA ! • • 9•/ pia Manuel Lozano Susan Rubio Marlen Garcia Monica Garcia Ricardo Pacheco Mayor Mayor Pro Tern Council Member Council Member Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda on any matter posted on the agenda or para hablar sobre cualquier asunto publicado en la on any other matter within its jurisdiction. If you agenda o cualquier tema que este bajo su jurisdiccion. wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse al Concilio o Agencies, you may do so during the PUBLIC alguna de sus Agencias, podra hacerlo durante el COMMUNICATIONS period noted on the periodo de Comentarios del Publico (Public agenda. Each person is allowed three (3) Communications) anunciado en la agenda. A cada minutes speaking time. A Spanish- speaking persona se le permite hablar por tres (3) minutos. Hay interpreter is available for your convenience. un interprete para su conveniencia. CITY COUNCIL SPECIAL MEETING — 5:30 P.M. ROLL CALL: Council Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Susan Rubio and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera e/ 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 acci6n en algOn 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 declaraci6nes o preguntas hechas por personas, o 2) Dirigir personal a investigar y10 f#ar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] RECESS TO CLOSED SESSION OF THE CITY COUNCIL 1. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION (GC§54956.9(b)) Three (3) Cases 2. CONFERENCE WITH LEGAL COUNSEL — INITIATE LITIGATION (GC§54956.9(c)) One Case 'm 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.1 Properties: 10F IS I Gig 91 411100 611 41, ANN Mao ELiml M t w w w Vijay Singhal & Joseph Pannone Sandy Segal, New Mark Merrill Companies Price and terms of payment 4. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) Public Works Director 5. 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; Un-represented employees; and part-time employees • r •� STUDY SESSION TO FINALIZE THE COLOR SCHEME FOR THE TRANSIT CENTER PARKING STRUCTURE. CERTIFICATION I, Alejandra Avila, 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. August 9, 2012. Alejandra Avila 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 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 Fsalceda @baldwinpark.com. I 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 ll) A August ' -[ PM Baldwin * 91706 16261or-n-4011 P ° A Manuel Lozano Susan Rubio Marlen Garcia Monica Garcia Ricardo Pacheco - Mayor - Mayor Pro Tem - Council Member Council Member Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING 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 terra que este bajo su jurisdiccion. 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 interprete para su conveniencia. ? ,, ; . ?i° ,,.. a,.... h i P t. � 3 t ,. . �.° r. r CITY COUNCIL REGULAR MEETING — 7:00 PM Council Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Susan Rubio and Mayor Manuel Lozano ANNOUNCEMENTS This is to announce, as required by Govern i vent Code section oltU3�r.3, members lei I ilLlers �f the k Ity Council are also members of 'the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. (NO STIPEND IS PAID IF MEETING IS CANCELLED) PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS 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 tome accidn 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 fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] City Council Agenda — August 15, 2012 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 the City Council receive and file the Warrants and Demands. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL Staff recommends the City Council approve the preparation and presentation of the certificates of recognition and Proclamation as outlined in the staff report. 3. CLAIM REJECTION Staff recommends City Council reject the claim of Gabriel Salas, Maria Padilla and Pete Yang and Eileen and Daniel Galvan and direct staff to send the appropriate notice of rejection to claimant. 4. ADOPTION OF RESOLUTION 2012 -031, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE APPLICATION TO THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR FIRST SUPERVISORIAL DISTRICT EXCESS FUNDS FOR THE PROCUREMENT AND ESTABLISHMENT OF TREES ALONG OLIVE STREET, BALDWIN PARK BOULEVARD, AND VARIOUS SCHOOLS Staff recommends City Council waive further reading, ready by title only, and adopt Resolution 2012 -031 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE APPLICATION TO THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR FIRST SUPERVISORIAL DISRICT EXCESS FUNDS FOR THE PROCUREMENT AND ESTABLISHMENT OF TREES ALONG OLIVE STREET, BALDWIN PARK BOULEVARD, AND VARIOUS SCHOOLS." 5. AUTHORIZATION TO PURCHASE AN INTEROPERABLE RADIO SYSTEM FOR THE POLICE DEPARTMENT MOBILE COMMAND POST Staff recommends the City Council approval to 1) Waive the formal bidding process pursuant to § 34.2 of the Baldwin Park Municipal Code on purchase of the interoperable radio system as it would be impractical, useless and uneconomical to send this equipment and installation out to formal bid; 2) Direct the Chief of Police to work in conjunction with the Finance Director to complete a budget appropriation for the amount not to exceed $37,894.00 from account 205 -00- 000 - 10001- 00000 -1 to account 205 -30- 360- 58110 - 00000 -2 and designate $37,894.00 for restricted purchase of the interoperable radio system and to reimburse the account once grant funds are received and to complete a budget appropriation for the amount not to exceed $21,376.50 from account 270 -30- 000 - 42303 - 17233 -2 to account 270 -30- 350 - 53390 - 17233 -2 and designate $21,376.50 for restricted purchase of the patching bridge; 3) Authorize the Chief of Police, or her designee, to complete all appropriate documentation to complete the purchase of the interoperable radio system. City Council Agenda — August 15, 2012 Page 3 6. PURCHASE OF MOBILE DIGITAL COMPUTERS Staff recommends City Council grant approval to 1) Waive the formal bidding process pursuant to §34.23(C) of the Baldwin Park Municipal Code for the purchase of CDCE, Inc. (Panasonic) system; 2) Direct the Chief of Police to work in conjunction with the Finance Director to complete a budget appropriation for the amount not to exceed $208,716.93 from account 205.30.000.44310.00000.02 to account 205.30.320.58110.00000.2 and designate $208,716.93 for restricted purchase of the new police department equipment; 3) Authorize the Chief of Police, or her designee, to complete all appropriate documentation to complete the purchases. 7. APPROVAL OF RENEWAL OF ANIMAL CONTROL AGREEMENT WITH THE COUNTY OF LOS ANGELES WITH REVISED BILLING RATES Staff recommends City Council approve the Agreement with County of Los Angeles, Department of Animal Care and Control. If approved, the agreement with the County becomes effective July 1, 2012 and will run through June 30, 2014. 8. ADOPTION OF RESOLUTION NO. 2012 -032, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK UNDERLINING SUPPORT OF AND INTEREST IN PARTICIPATING IN A REGIONAL BICYCLE MASTER PLAN Staff recommends City Council adopt Resolution No. 2012 -032 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK UNDERLINING THE CITY'S SUPPORT OF AND INTEREST IN PARTICIPATING IN A REGIONAL BICYCLE MASTER PLAN." 9. ACCEPTANCE OF THE PROP 1B PHASE II CITYWIDE STREET IMPROVEMENTS PROJECT CONSTRUCTED BY COPP CONTRACTING, INC. AND AUTHORIZATION TO RECORDS THE NOTICE OF COMPLETION Staff recommends City Council 1) Accept the construction improvements by Copp Contracting, Inc. and authorize the recordation of a Notice of Completion; and 2) Authorize the payment of $118,195 in retention funds to Copp Contracting, Inc. upon expiration of the 35 -day lien period. 10. ACCEPTANCE OF THE CDBG ARRA SYRACUSE ALLEY IMPROVEMENTS PROJECT CONSTRUCTED BY MORENO ENGINEERING, INC AND AUTHORIZATION TO RECORD THE NOTICE OF COMPLETION Staff recommends City Council 1) Accept the construction improvements by Moreno Engineering, Inc. and authorize the recordation of a Notice of Completion; and 2) Authorize the payment of 45,588 in retention funds to Moreno Engineering, Inc. upon expiration of the 35 -day lien period. 11. APPROVAL OF ADDITIONAL TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE WORK TO REPUBLIC ELECTRIC, ITS(SEIMENS) Staff recommends the City Council authorize the execution of work orders in the amount of $19,925 with Republic ITS for traffic signal and street lighting maintenance. City Council Agenda — August 15, 2012 Page 4 12. AUTHORIZE STAFF TO EXECUTE A CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) FOR THE CONSTRUCTION OF THE CITY OF BALDWIN PARK TRANSIT CENTER PEDESTRIAN OVER CROSS & ELEVATOR TOWER Staff recommends City Council 1) Authorize the Chief Executive Officer to execute a Construction and Maintenance Agreement with SCRRA after a review by the City Attorney; 2) Authorize the Chief Executive Officer to submit all necessary documents to obtain CPUC approval and incur $25,000 for EBA and SCRRA to obtain CPUC approval; 3) Authorize Finance Director to issue a check for $219,302 to SCRRA from the Transit Center contingency funds. 13. APPROVAL OF AGREEMENT FOR CARNIVAL SERVICES — CHRISTIANSEN AMUSEMENTS Staff recommends City Council approve the agreement and authorize the Mayor to execute the n e c e s s a y documments. 14. RESOLUTION NO. 2012 -033 IN REGARDS TO A LOAN FROM THE CITY OF BALDWIN PARK TO THE SUCCESSOR AGENCY FOR THE PAYMENT OF THE FISCAL YEAR 2012 -2013 ENFORCEABLE OBLIGATIONS (See item 17 on the Successor Agency Consent Calendar) Staff recommends the City Council, adopt Resolution No. 2012 -033 entitled, "A RESOLUTION OF THE CITY OF BALDWIN PARK PROVIDING A LOAN TO THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION TO PAY A PORTION OF THE FISCAL YEAR 2012 -2013 ENFORCEABLE OBLIGATIONS 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. 15. PUBLIC HEARING OF THE CITY COUNCIL TO ADOPT A RESOLUTION AND THE CITY'S 2012 CONGESTION MANAGEMENT PROGRAM LOCAL IMPLEMENTATION REPORT Staff recommends City Council open the public hearing, receive any public comments, close the public hearing and adopt Resolution No. 2012 -030 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." City Council Agenda — August 15, 2012 16. ADDITION OF CHAPTER 126 TO THE BALDWIN PARA�111, il, ICI PAL CODE ESTABLISHING NEW REGULATIONS REQUIRING REFUSE RECEPTACLES THE TERMINUS OF DRIVE-THROUGH EATING FACILITIES Staff recommends City • •• for '.• • by ' only, Ordinance ORDINANCE OF THE CITY COUNCIL FO THE CITY OF BALDWIN . A. ADDING CHAPTER 126 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TRASH RECEPTACLES AT DRIVE-THROUGH EATING FACILITIES (APPLICANT: CITY OF BALDWIN PARK)" • 11avlagela Lyaw, mg9l Lvi Im krk CONSENT CALENDAR Ail 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. 17. RESOLUTION NO. 2012 -033 AND RESOLUTION NO. SA 2012 -003 IN REGARDS TO A LOAN FROM THE CITY OF BALDWIN PARK TO THE SUCCESSOR AGENCY FOR THE PAYMENT OF THE FISCAL YEAR 2012 -2013 ENFORCEABLE OBLIGATIONS Staff recommends the City Council, as the governing body of the Successor Agency to the Community Development Commission to adopt Resolution No. 2012 -033 entitled, "A RESOLUTION OF THE CITY OF BALDWIN PARK PROVIDING A LOAN TO THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION TO PAY A PORTION OF THE FISCAL YEAR 2012 -2013 ENFORCEABLE OBLIGATIONS." and Resolution No. SA 2012 -003 entitled, "A RESOLUTION OF THE BALDWIN PARK SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION ACCEPTING A LOAN FROM THE CITY OF BALDWIN PARK TO PAY A PORTION OF THE FISCAL YEAR 2012 -2013 ENFORCEABLE OBLIGATIONS." 18. APPROVAL OF THE THIRD RECOGNIZED OBLIGATION PAYMENT SCHEDULE ( "ROPS ") FOR THE PERIOD FROM JANUARY THROUGH JUNE 2013 BY THE CITY COUNCIL AS GOVERNING BODY OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION Staff recommends the City Council, as the governing body of the Successor Agency to the Community Development Commission to 1) Approve the third recognized obligation payment schedule (ROPS) for the period from January 1 2013 through June 30, 2013; 2) Direct staff to proceed with submitting the draft ROPS for approval to the Oversight Board; 3) Send to the County Administrative Officer, County Auditor Controller, the State Controller and Department of Finance; and 4) Post on the City's website. City Council Agenda — August 15, 2012 Page 6 COMMUNICATIONS Request by Councilmember Marlen Garcia for discussion and direction • staff on the following: • To report on US Post Office consideration of expansion of services not normally provided and meet with the local Post Master to discuss this item and share what is important in our community. Request by Councilmember Pacheco for discussion and direction to staff on the following: • To join the California Department of Insurance in providing information and program materials regarding the California Low Cost Automobile Insurance Program to Baldwin Park residents and sponsor a workshop at -Morgan Park. Request by Mayor Lozano and Council Member Pacheco for discussion and direction to staff on the following: • To negotiate a contract with Century Diversified Inc. for temporary Public Works/ City Engineer services and bring back a contract at the following meeting. ADJOURNMENT 1, Alejandra Avila, 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. Dated this 9th day of August, 2012. Alejandra Avila City Clerk City Council Agenda — August 15, 2012 Page 7 PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011, Ext. 466 or via e -mail at Fsalceda @baldwinpark.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) City Council Agenda — August 15, 2012 smV 1 BIIM V V I D A , R , V TO: FROM: DATE: SUBJECT: 6 The purpose of this report is for the City Council to ratify the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND AND DISCUSSION: The attached Claims and Demands report format meets the required information in accordance with the Government Code. Staff reviews requests for expenditures for budgetary approval and for authorization from the department head or its designee. The report provides information on payments released since the previous City Council meeting; the following is a summary of the payments released- 1 . The two payrolls of the City of Baldwin Park consisting of check numbers 194800 — 194873. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 222742 — 223281 for the period of June 10, 2012 through July 07, 2012 inclusive; these are presented and hereby ratified, in the amount of $820,168.90. 2. General Warrants, including check numbers 191438 to191687 inclusive, in the total amount of $580,818.78 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. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. Staff recommends City Council ratify the attached Warrants and Demands. 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A 0 O 1 H I M I to i ri t m I t' I l0 I (� O m l0 I- m m H N O y+ lD [� O C� M o M N M N N M 't' H M 'H ri l0 1-i M M f-I Ln H It H N .-I N O rf O M O N 'H N r-1 N H H H v' N N Lfl Ln N N N O O O H H 0 0 0 0 0 0 0 0 0 0 0 r-i H O 0 O O N O N O N ID N �o N O N O N O H ri r-1 rl 1 o \ O -_o \ O \ O \ O \ O \ o 1p m to m lD m l0 m l0 m to m O m l0 O r-i I ri I ri I rl I �--I I ri I ri \ H \ r l \ O \ o [� o O [� O H O L() O Lfl O H O rl O to O N O M N Ul m U1 U) 0 N M 0 0 0 O O O m Ln O O O O U U U li O N O O O m 0 O W W W W O f m M M N Ln 0 0 I- M O O O O U U U U m U)- [� U} M M N Ln O H, Ln o H o U)- M U) L() U H U Ln U} H Q Q q w w U w cU1 Cl) co c w w Fi - A O H w z w a 4t a o \ Q a w ,H N M IV Ln �o O m m m m m m m q E, E-I H O rH H H H FC O H m m m m rn rn m > a Ei w F+ O o H H 0 H TO: Honorable Mayor & Members • the Cit • qn-c i I FROM: Vijay Singhal, Chief Executive Officer DATE: August 15, 2012 SUBJECT: Proposed Recognitions by the Mayor and City Council. 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. REQUESTS /RECAP 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 By List of Honorees Presentation Councilmember Eastside Little League August 2 d Certificates Marlen Garcia Coaches and Players All Concert in the Park 08-02-12 Star Teams CCPHA Resident Leaders & Teens August 2nd Certificates for the Healthy Selection & Concert in the Park 08-02-12 Cycler Leadership Program Councilmember St. John the Baptist September 23rd Proclamation Pacheco Church 60th Anniversary 09-23-12 RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. This report requests the City Council reject the Claims for Damages to Person Property received for filing against the City. I �. il I "I'll" 11 61 Sm 9 &IJ6 • In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims • order • a motion and that the claimants are sent written notification of said action. WNNLERM�• ;` Staff recommends City Council reject the claim of Gabriel Salas, Maria Padilla, Peter Yang, and Eileen and Daniel Galvan and direct staff to send the appropriate notice • rejection to claimant. 1 i= 1111iff CITY OF BALDWIN PARK-- —,i- K BALDWIN CLAIM FOR DAMAGES TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING • 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) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) To: City of Baldwin Park 4. Cl ima1 ls Da�e of Birth (if a minor) 9 -1-77 1. Name of Claimant 5. Qlaimant'j OCCLration Maria Padilla unemp oy 2. Home Address of Claimant 6. Home Telephone Number - 14900 �'V"entlura Blvd #330; Sherman Oaks CA 9140 818-4 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: 14900 Ventura Blvd. 4330, Sherman Oaks, CA 91403 9. When did DAMAGE or INJURY occur? 10. Names of any City employees involved in INJURY or DAMAGE: Date: 11-02-2011 Time: 12:50 p. m . Name Department If claim is for Equitable Indemnity, give date claimant Unknown served with complaint: 11..r4 gl5idy4MAGEorlWyRYOcc ? am,- vd,u�aldwin Park, CA 91706 12. Describe in detail how the DAMAGE or INJURY occurred. Plaintiff fell due to uneven cement in front of Little Caesars Pizza. 14. If physician was visited due to injury, include date of first visit and physician's 13. Were police or paramedics called? Yes I-] No 13 name, address and phone number: If yes, was a report filed? Yes ❑ El No ❑ El Not required by Government Code Section If yes, what is the Report No? 910 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific- Use additional sheet if necessary) The City failed to maintain its walkways n a reasonably safe condition or t( i warn of danger. 15. List damages incurred to date? Personal injuries, emotional distress, loss of earning capacity. 16. Total amount of claim to date: $ Over 10,000 Basis for Computation: Unlimited Civil Action Limited Civil Case: ❑ Yes D 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 stated, 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: $ Basis for Computation: Over 10, 000-Unlimited Civil Actic 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Not required by Address Phone Govt. Code Section 910 Name Address Phone 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: hereby celv6l (or declare) under penalty ofliejury under the laws of the state of California that the foregoing Is true and correct to the best of my knowledge. Attorney Gary Berkovich 4 -16-2012 Si ure Relationship to Claimant Printed Name Date Note: Presentation of a false claim is a felony (Penal Code Section 72) CC Form 1 (Rev 7/06) F & For— Claim for Damages Form CC I Rev 7.05 dee )n 1 2 3 4 5 6 7 8 9 io 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN rem a WTI [a I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: 14900 Ventura Blvd., Suite 330, Sherman Oak, CA 91403. On April 16, 2012,1 served the foregoing document described as CITY OF BALDWIN PARK CLAIM FORM on the interested parties in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Office of the City Clerk Office of the City Clerk of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 deposited such envelope in the mail at Sherman Oaks, California. The envelope was mailed witt h postage thi-ri-on hilly prepaid X I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid for first class certified mail with return receipt requested at Sherman Oaks, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Executed on April 16, 2012, at Sherman Oaks, California. I declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. J\Volanda Pinon PROOF OF SERVICE CITY OF BAL N PARK CITY OF 8 via I RJ' 4. Date of Birth (if a minor) LDWIN PARK HUMAN RE URCES DEPT, BAILDWI[N CLAIM FOR DAMAGES RE EIVED 0 ' TO PERSON OR PROPERTY 2. Home Address of Claimant INSTRUCTIONS 2012 APR PH 5- 20 I 1. READ CLAIM THOROUGHLY. 3. Business Address of Claimant 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. Clerk's Official Filing Stamp 3. THIS FORM MUST BE SIGNED. 8. Name and address to which you desire notices or communications to be sent regarding this claim: A. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706 9. When did DAMAGE or INJURY occur? WARNING .J • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED If claim is for Equitable Indemnity, give date claimant NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) 12, Describe in detail howl DAMAGE or INJURY occurred. To: City of aldwin Park B 4. Date of Birth (if a minor) 1. Name of Claimant 5. Claimant's Occupation 13 tJ 6 2. Home Address of Claimant 6. Home Telephone Number 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: 9. When did DAMAGE or INJURY occur? Names of any City employees involved in INJURY or DAMAGE: , Date: q/ / too / 9---- Time: / V 0 Name Department If claim is for Equitable Indemnity, give date claimant served with complaint: 11 Where did DAMAGE or INJURY occur? 12, Describe in detail howl DAMAGE or INJURY occurred. Ia. 4 /Lu-,t- a,tt, Yes ❑ No 14. If ph9sician was visited due to injury, include date of first visit and physician's 13. Were police or paramedics called? name, address and phone number: if yes, was a report filed? Yes 1:1 No F-1 -XI If yes, what is the Report No? 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) L L-4 15. List damages incurred to date? -AIL, 16. Total amount of claim to date: $ C Basis for Computationb-L�Lu e z Limited Civil Case: ❑ Yes r-1 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 stated, 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: $ Basis for Computation: 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Address Phone Name Address Phone 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: her -ceal or declare )pgoerpenalty of pe jury under the laws of the state of California that the foregoing is true and correct to the best of my. knowledge, )4 Signature Relationship to Claimant printed Name Date Note: Presentation of a false claim is a felony (Penal t;oae bection iz) CC Form 1 (Rev 7/06) 0* I I kt_ CITY® OF BALDWIN PARK 4. Claimant's Date of Birth (if a minor) 1. Name of Claimant (6k are ,F CITY 01 �rqM PARK BALDWIN CLAIM FOR DAMAGES IUMAti R" i'IU RCES T. TO PERSON OR PROPERTY ME, 3. Business Address of Claimant A, 6 v V, V 6-t P*_I�zt_ A26 INSTRUCTIONS 8. 'Name and AddrP.R!; to whir.h voti desire not' Ps nr r,.nmmijnir,.;;ti6ns to r , . , ar Ice- ding'thisclim- 1. READ CLAIM THOROUGHLY. 2012 10 Names of any City employees involved in INJURY or DAMAGE: Name Departure t 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. Clerk's Official 3. THIS FORM MUST BE SIGNED. Filing Stamp 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403E. PACIFIC AVE., BALDWIN PARK, CA 91706 11. Where did DAMAGE or INJURY occur? Xcc e- r07:�7 19 14'zb WARNING CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED 14. If physician was visited due to injury, include date of first visit and physician's NOT LATER THAN 6MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911 .2) name, address and phone number: ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) 1. Name of Claimant (6k 1) 5. Claimant's OCCUR X ition 11,J'&ie­14 L4, 2. Home Address of Claimant 6. F T le 7 ho e Numbe 1 rr/ 119 Z /1, 3. Business Address of Claimant A, 6 v V, V 6-t P*_I�zt_ A26 u 7. 13prTle Nrber 8. 'Name and AddrP.R!; to whir.h voti desire not' Ps nr r,.nmmijnir,.;;ti6ns to r , . , ar Ice- ding'thisclim- 9. When did D MAGE or INJURY occur? e. �ac/,,Z -Time: Date: 10 Names of any City employees involved in INJURY or DAMAGE: Name Departure t If claim is for t(table Indemnity, give date claimant c;,- served with complaint: 11. Where did DAMAGE or INJURY occur? Xcc e- r07:�7 19 14'zb 12. Describe in detail how the DAMAGE or INJURY occurred 13. Were police or paramedics called? Yes ❑ No ❑ 14. If physician was visited due to injury, include date of first visit and physician's If yes, was a report filed? Yes o No ❑ name, address and phone number: If yes, what is the Report No? Q 1 /7 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) PZ,K:74&Z- S4C 15. List damage�s incurred to date? Z_ ez 16. Total amount of claim to date: $ /,330-Basis for Computation: Limited Civil Case: ❑ Yes E] 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 stated; 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: $ Basis for Computation: 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Address Phone Name Address Phone 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: herebyc declare) under pen y of pe�ury under the laws of the state of California that the foregoing is true and correct to the best of my knowledge. LJ'�,(or - YkeAr- S;rdn'atu re ted ame to ��Iiationship to Claimant tu �e t'."sl �, ote entation of a false claim is a felony (Penal Code Sec 72) 1 CC Form 1 (Rev 7(06) On June 3, 2012, at 5:30AM, Officers from the Baldwin Park Police Department asked.for aroom. key to room #316. The key to room#316 was provided to the police of .ficers. Tire police officers ultimately had to force their way into room#3-16. Door to room#316 was damaged by the officers as a result of their forced entry into the room. The door received damage to its interior, exterior surface and electronic key lock mechanism. Please see attached copies of 2photo. MIIII-��tffi CITY OF BALDWIN PARK CITY OF V� BALDWIN CLAIM FOR DAMAGES HUN4AN RE8( TO PERSON OR PROPERTY Tl&iIKWIEU• lll PARK 'ES DEPT. PH 3- 5 9 Clerk's Official Filing Stamp To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) 1?,/-7 1W, 1. Name of Claimant 5. Claimant's Occupation Eiueew 4 Do i fit, (9 A I-VA 14 Gv,. a{ 9 ecr-6,4a%,-\1 2, Home Address of Claimant F 6. Home Teleprone Number 11419 Rem lock J\Avn�e CA q1132- L, ?0 A30 - 01 3 -7 3. Business Address of Claimant 1 7. Business I Telephone Number quo coeeoro'-Te !V, �Avul-lierey CA -2, 8. Name and address to_ which you desire notices or communications to be sent regarding this claim: claim: r-., &tJ A L-V A P l(gil Wemlocr nion�e, CA q 1-732� 9. When did D MAGEor occur 10. Kawes of any City employees involved in INJURY or DAMAGE: Date: G � 2-9 / I z Time: Name Department If claim is far Equitbble Indemnity, give date claimant PIA served with complaint: 11. Where did DAMAGE or I JURY occur? Nle�A)Ocqd S . � po(pey- oF 5a(AL,),,n Eyi D611, eal A w, io C A 12. Describe in detail how the DAMAGE or INJURY occurred. TNV-�® I'a P—A ^1-111 I-W-1 )A I VIA AA A � lnn(^ —111%® AIA 'oh A lc,,>,4 Limited Civil Case: C4 Yes ❑ 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 stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) F4 O (1) Cd P, �71 0 4 a a O Q) u 11 5 F—I R O 0. �j F, 0 O cJ O O w oa CD Cl) 'Tj 41 bIJ ct cd O ra, Elr ct LID cn U) 0 cn ct R O 0. �j F, 0 O cJ O O w oa v 0-4 Cl) 41 v ( W TO- Honorable Mayor and Members of the 9ifg o nci Staff requests that the City Council consider adopting Resolution 2012 -031, a resolution approving the application to the Los Angeles County Regional Park and Open Space District for First Supervisorial District Excess Funds for the procurement and establishment of trees along Olive Street, Baldwin Park Boulevard, and various schools. I +:(rT:TiI1P►Ti7 To celebrate Arbor Day 2012, Supervisor Gloria Molina announced the availability of $1,800,000 for a competitive tree planting grant program in the First Supervisorial District. The program offers funding to communities that suffered unprecedented tree losses as a result of the windstorms that affected the San Gabriel Valley in late 2011 as well as for communities wishing to add trees to their urban landscape. Projects may consist of purchase, planting and a period of maintenance of the planted trees. Priority will be given for projects that demonstrate the greatest need to replace trees lost in the recent windstorms and communities seeking to plant more trees in public places. The types of projects and costs eligible are capital improvement tree planting projects within the First Supervisorial District to plant trees in parks, open space and on other public land including parkways in commercial and residential areas. Applicants may request grant funds to cover the cost of obtaining and planting of trees, including Approval to Submit 2012 Competitive Tree Planting Grant Application Page 2 of 3 December 15, 2012 planting supplies such as root barriers, if necessary, stakes, tree ties, and any site preparation including stump removal of trees damaged beyond recovery in the wind storms. Costs may also include the purchase and installation of a temporary or permanent irrigation system as well as provision for the establishment of newly planted trees for a period of two years and contingencies for tree failures. 9 0 The Los Angeles County Regional Park and Open Space District is now accepting applications for the 2012 Competitive Tree Planting Grant Program discussed above and staff has prepared an application for a grant in the amount of $100,000. These IUUL U - and Potential funds vVill be used to plant trees on Olive Street between Center Street Bleecker Street and on Baldwin Park Boulevard, between Ramona Boulevard and Arrow Highway. Trees will also be planted around all the schools North of Ramona Boulevard. Currently the schools have little to no street trees within their parkways. This grant will allow the City to further its commitment to promoting a healthier and more active lifestyle for its residents. By providing beautifully shaded walkways around schools within residential communities, staff hopes that residents will be encouraged to take walks that they may have not taken otherwise. The table below lists the estimated number of trees that will be planted by location. Location No. of Trees Parkway Trees on streets, including: 250 Olive Street Baldwin Park Boulevard Parkway Trees around schools, including: 250 Walnut Elementary School Pleasant View Elementary School Geddes Elementary School Bursch Elementary School Heath Elementary School Olive Middle School Holland Middle School North Park High School Total 500 The grant will be used to cover the cost of purchasing the trees and planting supplies and providing maintenance during a two year establishment period, which is vital to the Approval to Submit 2012 Competitive Tree Planting Grant Application Page 3 of 3 December 15, 2012 new trees' long term survival. At an average cost of $200 per tree, the total amount required is $100,000. The grant's required City contribution will be met in the form of in kind services by having City staff plant the trees along with the help of volunteers, as the grant also requires. However, in order to be eligible for the grant, the City must adopt a resolution approving the submittal of applications to the Los Angeles County Regional Park and Open Space District. The deadline for this resolution adoption is August 30, 2012, or the application will be disqualified. There is no impact on the G'en.eral Fund. The City vVill be applying for a grant -Ir g, L hom the 2012 Competitive Tree Planting Grant Program in the amount • $100,000. Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2012-031 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE APPLICATION TO THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR FIRST SUPERVISORIAL DISTRICT EXCESS FUNDS FOR THE PROCUREMENT AND ESTABLISHMENT OF TREES ALONG OLIVE STREET, BALDWIN PARK BOULEVARD, AND VARIOUS SCHOOLS". ATTACHMENT Resolution No. 2012-031 WHEREAS, the people of the County • Los Angeles on November 3, 1992, and on November 5, 1996 enacted Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree-Planting, Senior and Youth Recreation, Beach and Wildlife Protection (the Propositions), which among other uses, provides funds to public agencies and nonprofit organizations in the County for the purpose • acquiring and/or development facilities and open space for public recreation; and WHEREAS, the Propositions also created the Los Angeles County Regional Park and Open Space District (the District) to administer said funds; and WHEREAS, the District has set forth the necessary procedures governing application for grant funds under the Propositions; and WHEREAS, the District's procedures require the City of Baldwin Park to certify, by resolution, the approval of the application before submission of said application(s) to the District; and WHEREAS, said application contains assurances that the City of Baldwin Park must comply with-, and WHEREAS, The City of Baldwin Park will enter into an Agreement with the District to provide funds for acquisition and development projects. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL • THE CITY • BALDWIN PARK, CALIFORNIA, HEREBY: 1. Approves the filing of an application with the Los Angeles County Regional Park and Open Space District for First Supervisorial District Excess Funds for the above project; and 2. Certifies that the City of Baldwin Park understands the assurances and certification in the application form; and Resolution No. 2012-031 Page 2 of 2 3. Certifies that the City of Baldwin Park has, or will have, sufficient funds to operate and maintain the project in perpetuity; and 4. Appoints the City Manager, • designee, to conduct all negotiations, and to execute and submit all documents including, but not limited to, application, agreements, amendments, payment requests and so forth, which may b- • • - • • the aforementioned project. wv-v-�� IT51 FWAYM ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK f 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2012-031 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on August 15, 2012 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK LLLLW L MIXIIJUR 7EM NO. • AITJ4i!Are_' f Af Y: Purpose: Staff seeks City Council approval to purchase an interoperable radio system and patching bridge for the Baldwin Park Police Department Mobil Command Post. The radio system ($37,894.00) is fully funded through grants from the Department of Home Land Security #2009SHSGP, the patching bridge ($21,376.50) will be funded through the VIG Grant. Background: The Baldwin Park Police Department Mobile Command Post is in need of updating. The existing radio system in the Mobile Command Post is outdated and ineffective. Staff applied for grant funds through the Department of Homeland Security for an interoperable radio system for the Mobile Command Post. A portion of the requested grant funds ($37,894.00) were awarded to the city for the purchase and installation of an interoperable radio system, however to make the system truly interoperable, a patching bridge ($21,376.50) is also required. The patching bridge allows officers to connect any number of radio frequencies together, making all separate radio systems virtually the same system. This will allow all first responders to communicate regardless of radio system or frequency. Usual purchasing practices in acquiring major equipment is by following formal bid procedures, which are outlined in the Baldwin Park Municipal Code §34.26. The Baldwin Park Municipal Code also allows exceptions to the biding procedure in §34.23 "(C) When the City Council by a four-fifths vote determines to dispense with such bidding and other procedures required by the above-mentioned sections in any individual instance upon a finding by the Council that it would be impractical, useless, or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same." 1. . The grant awarded is for the reimbursement of $37,894.00. Staff has determined sufficient funds exist in the department's Federal Asset Forfeiture cost center for the purchase of the required equipment and installation until such time the funds are reimbursed. Staff has also determined that sufficient funds exist in the VIG Grant account to purchase the accompanying patching L-r:-J b. , d g e ,fie 1i ,3 0.50. Fiscal Impact: There will be no negative impact to the general fund. The police department will utilize federal asset forfeiture funds for the purchase and installation of the interoperable radio system $37,894.00. The funds will be reimbursed to the Federal Asset Forfeiture account once the system is purchased and installed. The Police Department will utilize VIG Grant funds to purchase the patching bridge $21,376.50. Recommendation: Staff recommends City Council approval to: 1. Waive the formal bidding process pursuant to §34.23 of the Baldwin Park Municipal Code on purchase of the interoperable radio system as it would be impractical, useless and uneconomical to send this equipment and installation out to formal bid. 2. Direct the Chief of Police to work in conjunction with the Finance Director to complete a budget appropriation for the amount not to exceed $37,894.00 from account 205 -00- 000 - 10001 - 00000 -1 to account 205-30-360-58110-00000-2 and designate $37,894.00 for restricted purchase of the interoperable radio system and to reimburse the account once grant funds are received and to complete a budget appropriation for the amount not to exceed $21,376.50 from account 270-30-000-42303-17233-2 to account 270-30-350-53390-17233-2 and designate $21,376.50 for restricted purchase of the patching bridge. 3. Authorize the Chief of Police, or her designee, to complete all appropriate documentation to complete the purchase of the interoperable radio system Quote Number: QU0000193185 Attention: Sales Contact: Name: Lt. Cowan Name: Richard Young Email: JCowan @baldwinpark.com Email: ryoung@pstl.com $5,452.80 Phone: 626- 966 -9999 Contract Number: LA COUNTY (CA) G806BE Freight terms: FOB Destination $515.00 Payment terms: Net 30 Due $1,236.00 Item Quantity Nomenclature Description Dist price Your price Extended Price 1 3 M30TSS9PWIAN APX7500 DUAL BAND MID POWER $2,272.00 $1,817.60 $5,452.80 la 3 G806BE ENH: ASTRO DIGITAL. CAI OP APX $515.00 $412.00 $1,236.00 1b 3 W22BA ADD: PALM MICROPHONE $72.00 $57.60 $172.80 Ic 6 G610AC ADD: REMOTE MOUNT CBL 30 FEET $25.00 $20.00 $120.00 Id 3 G442AJ ADD: APX 05 CONTROL HEAD $432.00 $345.60 $1,036.80 le 3 G444AE ADD: CONTROL HEAD SOFTWARE - If 3 GA00092AC ADD: DUAL - CONTROL HARDWARE $570.00 $456.00 $1,368.00 lg 3 GA00308AA ADD: VHF MP SECONDARY BAND $400.00 $320.00 $960.00 lh 3 GA00345AA ADD: UHF R2 MP PRIMARY BAND - I1 3 G625AP ADD: DES /DES -XL /DES -OFB $599.00 $479.20 $1,437.60 ENCRYPTION lj 3 W969BG ADD: MULTIPLE KEY ENCRYPTION $330.00 $264.00 $792.00 OPERATION lk 3 GA00579AA ADD: ENABLE DUAL BAND $600.00 $480.00 $1,440.00 OPERATION 11 3 GA00255AB ENH: 3 YR RSA COMPREHENSIVE $317.00 $317.00 $951.00 lm 3 G67BC ADD: REMOTE MOUNT MID POWER $297.00 $237.60 $712.80 In 3 G67BK ADD: REMOTE MOUNT MID POWER $297.00 $237.60 $712.80 10 3 W432AG ADD: AUXILARY SPKR 13W (3.20HM) $71.50 $57.20 $171.60 1p 3 651AT EN H: SMARTZONE OPERATION APX $1,500.00 $1,200.00 $3,600.00 1 q 3 G89AC ADD: NO RF ANTENNA NEEDED I 3 QA01749AB ADD: ADVANCED SYSTEM KEY - - - _ SOFTWARE KEY Is 3 G361AH ADD: P25 TRUNKING SOFTWARE $300.00 $240.00 $720.00 2 2 M30TSS9PW lAN APX7500 DUAL BAND MID POWER $2,272.00 $1,817.60 $3,635.20 2a 2 G806BE ENH: ASTRO DIGITAL, CAI OP APX $515.00 $412.00 $824.00 2b 2 W22BA ADD: PALM MICROPHONE $72.00 $57.60 $11520 2c 2 G610AC ADD: REMOTE MOUNT CBL 30 FEET $25.00 $20.00 $40.00 2d 2 G442AJ ADD: APX 05 CONTROL HEAD $432.00 $345.60 $691.20 2e 2 G444AE ADD: CONTROL HEAD SOFTWARE - - 2f 2 GA00092AC ADD: DUAL- CONTROL HARDWARE $570.00 $456.00 $912.00 2g 2 GA00225AA ADD: 7 /80OMHZ SECONDARY BAND $400.00 $320.00 $640.00 Item Quantity Nomenclature Description List price Your price Extended Price 2h 2 GA00341AA ADD: UHF R1 MP PRIMARY BAND - - 2i 2 G625AP ADD: DES /DES -XL /DES -OFB $599.00 $479.20 $958.40 ENCRYPTION 2j 2 W969BG ADD: MULTIPLE KEY ENCRYPTION $330.00 $264.00 $528.00 OPERATION 2k 2 GA00579AA ADD: ENABLE DUAL. BAND $600.00 $480.00 $960.00 OPERATION 21 2 GA00255AB ENH: 3 YR RSA COMPREHENSIVE $317.00 $317.00 $634.00 2m 2 G67BC ADD: REMOTE MOUNT MID POWER $297.00 $237.60 $47520 2n 2 G67BK ADD: REMOTE MOUNT MID POWER $297.00 $237.60 $475.20 20 2 W432AG ADD: AUXILARY SPKR 13W (3.20HM) $71.50 $57.20 $114.40 2p 2 G51AT ENH: SMARTZONE OPERATION APX $1,500.00 $1,200.00 $2,400.00 2q 2 G89AC ADD: NO RF ANTENNA NEEDED 2r 2 QA01749AB ADD: ADVANCED SYSTEM KEY - - - - SOFTWARE KEY 2s 2 G361AH ADD: P25 TRUNKING SOFTWARE $300.00 $240.00 $480.00 Estimated Tax Amount $3,042.11 Estimated Freight Amount $85.00 Total Quote in USD $37,894.11 Make sure PO shows SHIP TO:Public Safety Technologies 719 Arrow Grand Circle Covina, Ca 91722 PO Issued to Motorola Solutions Inc. must: >Be a valid Purchase Order (PO) /Contract/Notice to Proceed on Company Letterhead. Note: Purchase Requisitions cannot be accepted >Have a PO Number /Contract Number & Date >Identify "Motorola Solutions Inc." as the Vendor >Have Payment Terms or Contract Number >Be issued in the Legal Entity's Name >Include a Bill -To Address with a Contact Name and Phone Number >Include a Ship -To Address with a Contact Name and Phone Number >Include an Ultimate Address (only if different than the Ship -To) >Be Greater than or Equal to the Value of the Order >Be in a Non - Editable Format >Identify Tax Exemption Status (where applicable) >Include a Signature (as Required) COMMUNICATIONS CENTER 719 Arrow Grand Circle Covina, CA 91722 (626)966 -9999 www.pstl.com PUBLIC SAFETY TECHNOLOGIES INC BALDWIN PARK 14403 PACIFIC AVE BALDWIN PARK, CA 91760 ACCOUNTS PAYABLE m E 'I F N BALDWIN PARK 14403 PACIFIC AVE BALDWIN PARK, CA 91760 Accepted By: Accepted Date: _ _Quote 06/27/2012 14773 ©ate _w BALDWIN PARK 14403 PACIFIC AVE BALDWIN PARK, CA 91760 Accepted By: Accepted Date: Sc < 0 /� ^� \\ \���� \� ra. \ / \ \� \\ � \ / \ \ \ 0 0 (D 0 0 0. rD CL Ln tD 3 rD O rD rD 0 On QJ co -a < r 6 SD '7' -2- CD cu LA (D 3 m X CL 0 > 0 0 rD CL rD w 'CO 0 I'D P. C) (D 0 0 cr 0 0 ?7 O' Cl) 0 r ty CL O CD O CD aq (D U) (f) 0 u 70 (D E 0 0 0 0 C- 0 O O CD 0 C- 0') m CD ry CD I (D E; (D CO cn 0 (D 0 0 0 O • cra rn -L ZITJ b 6 MU (D -' h 0 E x 0 0 (D > M M _0 CD 1P — (D < N (A m (D > N - -(D ( 1020 (D m 0 o 0-) w -Do —00— —0 0) --4 CD 0 , (o 0 W -4D U) (D T r- > 0') CD cn 0 x �� M 0 N3 0 0 0 < 3 -,A0 0 El (D (D cr 0 m O V 0 rS r+ (D 0 0 (D 0 0 0. rD CL Ln tD 3 rD O rD rD 0 On QJ co -a < r 6 SD '7' -2- CD cu LA (D 3 m X CL 0 > 0 0 rD CL rD w 'CO 0 I'D P. C) (D 0 0 cr 0 0 ?7 O' Cl) 0 r ty CL O CD O CD aq (D U) (f) 0 u 70 (D E 0 0 0 0 C- 0 O O CD 0 C- 0') m CD ry CD I (D E; (D CO cn 0 (D 0 0 0 O • cra rn 0 E :E 0 M _0 0 0 (D 0 0 0. rD CL Ln tD 3 rD O rD rD 0 On QJ co -a < r 6 SD '7' -2- CD cu LA (D 3 m X CL 0 > 0 0 rD CL rD w 'CO 0 I'D P. C) (D 0 0 cr 0 0 ?7 O' Cl) 0 r ty CL O CD O CD aq (D U) (f) 0 u 70 (D E 0 0 0 0 C- 0 O O CD 0 C- 0') m CD ry CD I (D E; (D CO cn 0 (D 0 0 0 O • cra rn ■ x 0 CM) m c m X cn m U) -4 0 —11a z m -4 0 -1 co 0 n> 0 0 \ > 2 a CL U) (D O 0 0 ID m 0 m X z 0 m 0 0 X ;u -u m 0 0 W M O m C: m U) > X m cn 0 0 z m it vi 0 9 0 • 0 • -4 0 rn • 0 • • F 0 Ch 0 C.D 0 m 0 m z 0 m 0 ;o m 0 0 it • yj AU G15 T Purpose The purpose of this staff report is to provide data and recommendations relative to the purchase and installation of 28 police Mobile Digital Computers (MDC). Background Currently the police department has 26 MDCs installed in our police units. These were purchased from DATA 911 over seven years ago. In the previous year over half of the MDCs have had one component or another fail and need replacing. According to information technology staff, the MDCs are old and starting to wear down and will continue to fail. Also, as part of our future GEO Base, mapping, and Auto Vehicle Locator, we will need our MDCs to be GPS equipped. None of our current MDCs are GPS equipped to synchronize with an Auto Vehicle Locator system. The acquisition of modern technology that supports organizational goals and objectives is a goal of the police department. Staff believes the acquirement of this system will move the department toward achieving this goal. Discussion In November 2011, the police department received $75,000 from the State of California, California 9 -1 -1 Emergency Communications Office. These monies are to fund a comprehensive Geographical Information System (GIS), to include a GeoBase, mapping assistance, mobile mapping and Auto Vehicle Locator (AVL) software that are currently being installed. The acquisition of a GIS and AVL system serves two critical purposes. The first being an increase and improvement to community safety. Dispatchers would be able to see the location of a call for service and at the same time the location of officers on their desktop screens. This allows for more efficient MDC Purchase Pg. 2 of 3 dispatching of calls for service. The second purpose is to improve officer safety. These systems will allow staff to locate the position of a police unit in an event where the officer cannot communicate his/her location. For these two systems to be fully functional the department will need to purchase upgraded MDCs with wireless GPS systems. Evaluation Staff contacted and reviewed several MDC vendors. These vendors all have clients in Southern California. Staff evaluated each vendor in the following areas: • Price- Neither the lowest nor the highest bid necessarily guarantees the most feasible option as this equipment varies, in performance and capabilities • camera & video capabilities to wirelessly stream and upload pictures and video to command personnel • GPS, 4G, and WIFI internal capability (wireless technology) • Compatibility/Portability with paperless system for efficiency • No fault 5 year warranty The three systems staff evaluated are the L3 Mobile-Vision Inc., General Dynamics distributed by DuraTech USA, Inc. and Panasonic distributed by CDCE, Inc. Staff looked at the systems to ensure they met the requirements set by staff to ensure a high quality and efficient system compatible with the needs and direction of the department. The following chart outlines the specifications of the three vendors staff evaluated. Panasonic 208,716.93 Yes Yes Yes Yes General 205,290.22 No Yes Yes Yes Dynamics L3 209,510.19 No No No No (limited) Based on the evaluation, staff recommends the police department purchase the CDCE, Inc. (Panasonic) to use as Mobile Digital Computers. Staff requests that Council approve the purchase of the related equipment from CDCE, Inc. (Panasonic) pursuant to Baldwin Park Municipal Code § 34.23 (C) based on the informal bid process staff followed. Putting this purchase out to formal publicized bid is impractical because staff contacted and included vendors MDC Purchase Pg. 3 of 3 who have completed business in the area and were able to physically demonstrate their systems to staff. There are other MDC systems on the market; however, some could only provide internet presentations, unless staff traveled to their facility for on site presentations. Further, neither the lowest nor the highest bid necessarily guarantees the most feasible option as this equipment varies in performance and option capabilities. In addition the Panasonic H2 is the only MDC evaluated that is both a stationary in car MDC and portable tablet MDC. There is no other foreseeable cost associated with this acquisition for the first five years. Staff has determined sufficient funds for this purchase exist in the department's Federal Asset Forfeiture cost center. The use of such funds to purchase this equipment and system is permitted through federal law, Fiscal Impact There will be no negative impact to the general fund. The police department will utilize federal asset forfeiture funds. Recommendation Staff recommends that City Council grant approval to: 1. Waive the formal bidding process pursuant to §34.23(C) of the Baldwin Park Municipal Code for the purchase of CDCE, Inc. (Panasonic) system, 2. Direct the Chief of Police to work in conjunction with the Finance Director to complete a budget appropriation for the amount not to exceed $208,716.93 from account 205.30.000.44310.00000.2 to account 205.30.320.58110.00000.2 and designate $208,716.93 for restricted purchase of the new police department equipment, 3. Authorize the Chief of Police, or her designee, to complete all appropriate documentation to complete the purchases. Attachments • Three MDC System Quotes CDCE, Inc. 22641 Old Canal Road Yorba Linda, CA 92887 Telephone: 800 - 373 -5353 Bill To City of Baldwin Park Attn: Sandra- Finance Dept *2 14403 E. Pacific Ave. Baldwin Park, CA 91706 Contact: John Yeung Telephone: 626 - 960 -4011 AX\ Sales Quote No. 101775 Customer No. CIBALDPRK Customer PO #! 05/09/12 Sbh) To City of Baldwin Park Information Services - Basement 14403 E. Pacific Ave. Baldwin Park, CA 91706 Telephone: 626- 960 -4011 Order Date 'Ship Via F.O.B. Customer PO Number Payment Method 05/09/12 Installation Yorba Linda Net 30 Entered By Salesperson Ordered By Resale Number' Chris Galbo Chris Galbo David Reynoso Order Approve Unit Extended Quantity Quantity Item Number/ Description Price Price 28 28 H2- ALQLAIM 4,285.00 119,980.00 WIN7, INTEL CORE I5 -2557M 1.70GHZ, 10.1" TF +XGA DUAL TOUCH, 128GB SSD, 4GB, ELITE, INTEL WIFI A/B /G/N, BLUETOOTH, CONTACTLESS SMARTCARD/RFID, AT &T 4G LTE, GPS, 2MP CAM, FINGERPRINT, 2D BAR LASER AIM, NO DRIVE, TOUGHBOOK PREFERRED 26 26 PR- 220021 685.00 17,810.00 Vehicle Docking Station for CF -H2 includes (3) USB, Ethemet, VGA, Serial, Power. 26 26 NA- 200057 350.00 9,100.00 iKey NEMA 4X (IP67) Keyboard with Mount Holes, Backlit 1 1 DS- 110004 1,670.00 1,670.00 12" PDRC with Keyboard - Mark 3 1 1 CA- 900041 96.00 96.00 25' Cable Kit - PDRC USB Mk 3 Print Date 05/29/12 Print Time 09:01:28 AM Page No. 1 of 4 Printed By: Chris Galbo Continued on Next Page CDCE, Inc. 22641 Old Canal Road Yorba Linda, CA 92887 Telephone: 800 - 373 -5353 Bill To City of Baldwin Park Attn: Sandra- Finance Dept *2 14403 E. Pacific Ave. Baldwin Park, CA 91706 Contact: John Yeung Telephone: 626- 960 -4011 M b Sales Quote No. 101775 Customer No.' CIBALDPRK Customer PO # Yorba Linda Shin To City of Baldwin Park Information Services - Basement 14403 E. Pacific Ave. Baldwin Park, CA 91706 Telephone: 626 - 960 -4011 Order Date Ship Via F.±,. _ Customer PO Number Pay' Ment Method aas..,aw ., 05/09/12 Installation Yorba Linda Net 30 Entered By Salesperson Ordered By Resale Number Chris Galbo Chris Galbo David Reynoso Order Approve' Unit Extended Item Number / Description Quantity Quantit y s Price Price 25 25 PK- 212002 225.00 5,625.00 Veh. Pwr Kit 6 -Pos, Voltage -Sense CF -31 (120W) 1 1 PK- 223002 450.00 450.00 Veh. Pwr Kit 6 -Pos, Ignition -Sense CF- 31 +PDRC w /Filter 28 28 WR- 125005 700.00 19,600.00 Rex No Fault 5yr Warranty 28 28 LAB- 400001 30.00 840.00 Imaging service w /cult. image 26 26I.,AB- 320001 400.00 10,400.00 Installation Customer Site Print Date 05/29/12 Print Time 09:01:28 AM Page No. 2 of 4 Printed By: Chris Galbo Continued on Next Page CDCE, Inc. 22641 Old Canal Road Yorba Linda, CA 92887 Telephone: 800- 373 -5353 Bill To City of Baldwin Park Attn: Sandra- Finance Dept *2 14403 E. Pacific Ave. Baldwin Park, CA 91706 Contact: John Yeung Telephone: 626 -960 -4011 Sales Quote No. 101775 Customer No. CIBALDPRK Customer PO # 05/09/12 Shin To City of Baldwin Park Information Services - Basement 14403 E. Pacific Ave. Baldwin Park, CA 91706 Telephone: 626 - 960 - 4011 Order Date Ship Via E0.14 Customer PO Number Payment Method 05/09/12 Installation Yorba Linda Net 30 Entered By Salesperson Ordered By Resale Number Chris Galbo Chris Galbo David Reynoso Order Approve Unit Extended Stem Number/ Description Quantity Quantity, Price Price 29 29 FEE- 100001 6.00 174.00 Recycle Fee for Monitors 4 " -15" 1 1 VK- 112007 386.00 386.00 C - 1500 2000 -11 FIR Havis Baldwin Park PD I 1 VK- 122011 815.00 815.00 C - Tahoe CNSLHavis PDRC Baldwin Park PD 5 5 VK- 452019 376.00 1,880.00 F - Crown Vic FLR HAVIS Baldwin Park PD 17 17 VK- 332004 329.00 5,593.00 D - Charger CNSL Havis Baldwin Park PD Print Date 05/29/12 Print Time 09:01:28 AM Page No. 3 of 4 Printed By: Chris Galbo Continued on Next Page Telephone: 800 - 373 -5353 Bill To City of Baldwin Park Attn: Sandra- Finance Dept *2 14403 E. Pacific Ave. Baldwin Park, CA 91706 Contact: John Yeung Telephone: 626- 960 -4011 Sales Quote No. 101775 Customer No. CIBALDPRK Customer PO # Installation Shin To City of Baldwin Park. Information Services - Basement 14403 E. Pacific Ave. Baldwin Park, CA 91706 Telephone: 626- 960 -4011 Order Date Ship Via l a W Customer PO Number Payment Method 05/09/12 Installation Yorba Linda Net 30 Entered By Salesperson Ordered By Resale Number Chris Galbo Chris Galbo David Reynoso Order Quantity Approve Quantity I #em Number I Description Unit Price Extended Price Approved By: ❑ Approve All Items & Quantities Print Date 05/29/12 Print Time 09:01:28 AM Page No. 4 of 4 Printed By: Chris Galbo 194,419.00 0.00 14,297.93 Order Total 208,716.93 IP communications Tuesday, May 22, 2012 Baldwin Park Police Department Attn: David Reynoso 14403 E Pacific Avenue Raldwin Park, CA 91706 Dear David Reynoso: L -3 Communications Mobile Vision Inc., (L -3) is pleased to present to you the enclosed proposal for our V -One one- piece rugged mobile data computer solution. This Proposal consists of this cover letter, System / Equipment Description, Alternate Payment or Lease information and the Equipment List with pricing. This offer will remain valid until June 30th 2012 at which time it will expire. As a Fortune 75 Aerospace /Military/Law Enforcement company, L -3 Mobile Vision is recognized as the premier provider of in -car video equipment to law enforcement and public safety agencies throughout North America. Since inception, we have successfully implemented systems in more than 8,000 agencies worldwide. For over 23 years, we have partnered with law enforcement agencies to help them achieve their technology objectives. Baldwin Park Police Department may accept this Proposal by either signing the attached Price List where indicated or by simply issuing a purchase order referring to this Proposal. Alternatively, L -3 Communications Mobile Vision Inc. would be pleased to address any concerns or questions you may have regarding this Proposal. This offer shall remain valid for 90 days after the date of this letter at which time it will terminate automatically. L -3 appreciates your consideration of this Proposal and hopes you will find it acceptable. We look forward to receiving your response. If you have any questions, please feel free to contact me at. Sincerely yours, L -3 Communications Mobile Vision Inc. Mike Turner Section 1 System - Equipment Description May 22, 2012 )one The proposal is principally based on the L -3 V -One Mobile Data Computer. Key features of our V -One mobile data computer system include: play :roprietary heat management programmable for status management system (time dard I antenna - standard d uch Screen Technology protective screen - sunlight e (optional sizes up to -ead processor 2.7Ghz with is (2 true nic cards) and and additional 4 with Dt itte rn ge -40F 185F Dtional 5 year) f V -One provides users function keys for quick )n of cad status updates `ion needs. Separate emergency key and easy reach.. • Page 3 Competitive Comparison May 22, 2012 �d ,�atrt+rt z� F'anasohi * g 39 [Processor Intel Core i7 -2620M 2.7 GHZ Intel Core i3-231 OM 2.1 GHz wtvPRO Options rite Intel Care i5 -2524M 2.5 GHz cv/vPRO 1 Intel Core i5 -2540M 16 GHz wtvPRO $ 977' Mtmog GS DDR3 2 GS DOR3 Captions _4 expandable to 8 GB $ 199 expandable to 8GGBB, price is for 4 $ Storaae 120 GS SSD 320 GB HOD options 160 GS SSD $ 175 128 GB SSD 300 GB SSD $ 629 256 GS SSD $ 395 {Operating system Windows Professional; 32 or 64 bit Windows 7 Professional; 32 or 64 bit IDSPI41 12.1" LCD, 1200 nit 13.1" LED; 1100 nit 1 Touch Options ...m.. scr- n =a .....__._ Naiic— .u........,. Optical Drive CD,'DVD -RW Optional CDIDVD -RW 3U8 Audis 2 speaker stereo. 4W; mic / audio lacks HD audio; 1 speaker: mictaudio jack l input voles 9 VDC to 16 VC __ _ _ Rut* adapter" 911' RS232 Ports 2 DB9 connectors 1089 connector use Ports _ 4 uSe 10 4 uSe 2.0 Ethernet LAN 2 RJ45 GBE - separate iAAG addresses 1 RJ45 GIBE VGA Port t 1 HDfv1I Ports None 1 External Card Slots Express card 1 1 SO Card PC type 11 None 1 Wi -Fi 802.11 b/ n 802,11 alb/ In 26on None Keyboard NEMA 4 88-key backli ht ,. 87-key backlight Option None Rubber baotdi - ht $ 230 GPS Internal standard W WAN Not offerred None Options None 3G Gobi $ 300" Bluetooth Internal standard Internal standard 10peratina Temperature 20`C to +60 "C -4'F to +140'F -30`c to +70'c -22 °f to +158 °f Non-operatinq Temperature -40 °C to +851C -40'F to +185'F 30'c to +70'c -22'f to +158` Ingress Protection OP` IP 64 front, IP 52 side IP 65 lWarranty 3 year standard 3 year standard Options 4 years $ 395 4 years $ 200 _ Dimenslons hxwXd S years _. ._ mN $ 695 5 ey ars ____ 2.9"x 11,9"x 11,5" $ 350 — Weight 12.3lbs 7.9lbs Price - w/o Options .,., ' " . r. ' 3 328 Price - closest to base V Cane features $ $ X64 • Page 4 May 22, 2012 Competitive Comparison Summary The V -One one piece MDC offers significant value over other MDC's on the market today. Below is a summary of the differences between the V -One and the Panasonic CF -31 Laptop. Processor: The V -One comes standard with Intel's W quad core processor. In an attempt to provide the very latest technology and deliver a solution that will support the departments technology needs for years to come, the V -One was built using the 2620M processor which was launched just a year ago. The V -One's performance will provide many additional years of application support as departments to continue to roll out applications that are processor intensive. Memory: The V -One comes standard with 4GB of DDR3 RAM. Out of the box, the V -One provides an additional 2GB's of AA nf'tn .rick— + -14,4; Fio al r 4 memory over our c-0 ,per,, r° vv, - u cost. Hard Disk Drive: Again, the V -One provides a completely solid state solution for optimal longevity and performance standard right out of the box. The industry has moved away from mechanical spinning drives in favor of more robust solid state disk drives that provide faster read /write capability and uptime performance. Additionally, the V -One features a removable solid state drive for ease of imaging and serviceability. These are higher priced options for our competitors .... but standard on the V -One. Display: Setting the standard in the industry, L -3's 1200 nit LED Display provides one of the clearest, cleanest display in the industry. L -3's display technology has continued to dominate the market through the use of infra -red touch screen technology and LED backlighting .... features no other system offers. Optical Drive: Each V -One comes standard with an automotive grade DVD /RW optical drive protected from the elements behind its weather resistant security door. Optical drives are optional for most other MDC solutions. Power Management and Timer: As part of the standard V -One offering, each V -One MDC includes a integrated robust power supply and system timer which is configurable based on time and battery voltage. Input voltage of the V -One is liberal accepting power anywhere from 9 to 16 volts. Other MDC and laptop products do not offer this and /or charge extra for it. Ethernet/LAN connections: More and more technology is being installed into the patrol cars which have standardized on Ethernet communications. LPR and wireless modem technology now use Ethernet exclusively. For this reason, the V -One includes two 1 GIG Ethernet cards to support in car video, LPR and any other needs in the patrol cars. Most competitive offerings do not offer this and make it extremely difficult to utilize LPR, in car video and wireless modems. GPS: The V -One ships standard with WAAS enabled GPS receiver and external antenna connection at no additional charge. • Page 5 Section 2 Solution overview May 22, 2012 L -3 Mobile Vision proposes to provide a complete mobile data solution for the Baldwin Park Police Department which will bring the department beyond current mobile computer technology. This proposal specifically consists of two parts the first of which include the required components and the second includes optional components. Required: 25 V -One Mobile Data Computers 2 spare V -One Mobile Data Computers 25 Vehicle Viewer MDC Software to integrate L -3 In Car Video System 1 Command Vehicle System (separate MobileVUS touch screen monitor and keyboard for Tahoe) 25 System Installations 4 year warranty at no charge In dash mounting system for 2006 -2010 Dodge Charger In dash mounting system for 2011 -2012 Dodge Charger In dash mounting system for Chevrolet Tahoe In dash mounting system for Crown Victoria 5w extended warranty costs Sierra Wireless LTE GX440 Modem MIMO Antenna system required for LTEAG wireless technology Solution Discussion May 22, 2012 To fulfill the minimum requirements for the Baldwin Park Police Department, L -3 proposes reusing as much of the existing MDC mounting equipment as possible. L -3 strongly recommends purchasing new mounting hardware as part of the MDC project as the condition of the mounting equipment is unknown. Included in this proposal are pricing for the various mounts for each vehicle. The mounting systems are designed specifically for each vehicle and for the V -One MDC. To address wireless connectivity to the ATT wireless network, L -3 proposes the Sierra Wireless GX440 modem. The GX platform is designed specifically for applications where the computer is continually moving and roaming through network cell sites and in potentially challenging coverage areas. Both the Verizon and ATT LTE/4G networks utilize the 2X2 MIMO. L -3 considers the Sierra Wireless GX440 platform and 2X2 MIMO external antenna to be the best choice for mission critical public safety solutions. Unlike internal or embedded modems such as the GOBI platform, the external/ 2X2 MIMO design is supported by all carriers and provides nearly double the capacity of each channel for faster upload download speeds and overall coverage. The Sierra Wireless GX440 modem can be installed in a number of locations depending on space available. Overall, L -3's proposal highlights are as follows: 1. L -3's proposal provides the Baldwin Park Police Department with the latest in Mobile Data Computing technology. The V -One represents a significant leap forward in performance with Intel's 17 platform which outperforms just about any other MDC on the market. 2. The V -One addresses the departments needs to reduce hardware footprint in the cockpit of the smaller patrol vehicles such as the Dodge Charger. 3. By using the V -One in conjunction with the L -3 In Car Video System, the department can remove additional in car camera hardware such as the control head /monitor... this is a visibility and officer safety issue. 4. L -3's proposes to reuse as much mounting equipment as possible potentially reducing the installation and mounting equipment costs. The V -One is the only MDC capable of reusing the existing in dash mounting equipment. 5. L -3's proposal addresses the need for mission critical communications by providing a robust 3G/4G -LTE communications platform that will provide the greatest return on investment, network performance and hardware obsolesce. 6. Finally, L -3 has provided optional lease /payment costs in an effort to assist the City in reducing capitol expenditures and be more cost coconscious. s Page 7 Section 3 Product Information May 22, 2012 Jwr+IIP All—in—One Mobile All—in—O Data Computer TIMEM System: • Houstnq: Cast - aluminum alloy. • Softwasez 1Nlrldows" 7 Professional • CPU :. Intel +Core' 17 -2620M processor, 2.7 G,Hz. Intel Stuart Cache"` 4 MO • Memory" 4 Gil RAM DOR3 -1333 • Storage- 120 GO solid- state: drive (SSDj: • Displap 12.1 In, LED backlit with IR touch screan, 1200 cps, 1024 x 768 resolution. • Kev_boaard: Ful- travel., 88 -key, Integrated backilght math touotavad • Multi- Media: Internal CDPDVO- W optical drive • Audio: Internet speakers • Expansion: PCI express card. $D card • Wireless 802.1fbtgtax,and Rluetrtoth V2.1 + EDR • OPS WAAS, 60- channet With external SMA connector • Mounting: Triple VESA,:.75 rear. • Dimensions: 14.4111. (H) x 12.2 in, (W) x 2.8 In, (0) • Warranty: 3 -year, Includes factory parts and labor M xr» 1 (4. aatd 5-ysar avalhare. at time or pum# m#) Powo Management: Shutdown timer with built -in battery protection Interfaces:. • (1) VGA •..(4) Ltl.SS 2.0 • (2). RS232 serial ports • (2) Suisun LAN posts • (6) Function buttons tF1 •C 5. and Emergency)) on front bezel Environmental, • MIL-STD-8106 • Operating Temperature: -20 aC to +60 IC ( -4 IF to +140 °F) • Non-Operating Temperature. 40 •C to +85 *C (•40 IF to +185 *F) • Humidity, 5 to 95% non - condensing • Protection (water,. dust): IP64 for front panel, IP52 fur side panel • EMI /EMC —CE/FCC Class A MOSILE- VISION VIDEO CAPTURE AND MANAGEMENT SOLUTIONS I,?-Vdaz f'r�ae yd. Int— P.— ll::ssuzm w Motas oats Digao Edd s Vidv Capture vd- U Flute Cixrym .,q M xr» 1 Mobile -Vt lon, Ino. 90 Fanny "*Ad Scanlon, NJ 07005 fal. 000,40,54476 S -main Sal",MVIOL- 3com.eom www,f40b01 v1stoaloof www,L- 3damndantMV � Catayright:1f192 L. -3 Ccuremxanacatians Ataxb €FmV€aian, trap. Thais matsria7 dasx^vibkag G3 Grsmanv?ika&lons 1�4�8- Vdsictn, teae. gannrat as:Fsb€N'€taa aaaa note, ral"Wd In Ina Pubsc Daarain through t ! MRAd dlstribuhon at conftoraaaees, m"Untia, saarkuns, trade show%or exhibition and Is ganom0y actassiblo to are public in the United saat"a spacittcatwas subject . to change wuhaut natze, Gall tar latest rewislan, AN brand manna and NroducI nssnea ra#derenfied'. araa ttadamarks.;, F®g3StsreQ tradaanaxfaa, ar trsdo riaeia of tlaair respeetave htikiaas. 4112 . Section 4 Payment Plan Options May 22, 2012 With today's increasing budgetary challenges, cost-effective financing options are more important than ever. ° Get benefits ofa full deployment now without having bo spread the project out in multiple phases = Ability ko stretch municipality dollars by maximizing limited budgets " Flexible payment schedules � VVooferatruoK8unicipa||maao.whiohino|udmee''Nos-Appnmpriat|ono"o|auuo.uomp|ehe|y pmbaotinA yourinwestm*nt � Simple documentation designed with municipalities' needs |nmind � F|oxibi|Kyofo�eining�nhnn|ogywhen�he�na needed, not]uotatoe�einUmns ofdh��000| year ° Optional extended service agreement /maintenance can baincluded Payment Options: Annual payments as calculated for the required components (quote 105697R) are as follows: S Annual Payments $47,96457 Let us structure a lease option that fits into your budget; such as deferred payments mstep payments. For example, it's March and you need e new system, and your budget money is not until September; we can structure a lease so that you have no payments until that money becomes available in September. • Page 9 Required Items Mobile-Vision, Inc. Baldwin Park Police Dept, 14403 E. Pacific Ave. BALDWIN PARK, CA 91706 Attenw: Lt, Reynoso May 22, 2012 Dew 5,12112012 Quotation Number: 0106408 Prices Valid Unsf; 702012012 Page I OTY DESCRIPTION UNIT PRICE AMOUNT 27 LCVISYSTEM include windows 77=7_ (2) systems are spares All in One Computer System $ 4,300R0 1 $ 116,100.06 27 LCKBDNEMUSB Keyboard, USE, Name 4, Backlit $ 295.00 $ 705.00 25 MVD-FB2V•V2.TM Option, Flashback 2 Vehicle Viewer 2, Trunk Mount $ 276,00 $ 6,876.00 27 1EMA STD YR 4 Special Promotion Includes 4th Year Warranty EMA 51h Year of the System $ 250,00 $ 6,750.00 I LCDSPMDCXGA12 Display, pugigedized, 12, 1", 4:3, XG&MOC 2.295.00 I LCKBDNFMUSB Keyboard, USE, Nerna 4, Backlit 296,00 S 296.00 I LCKITCBLTRKMNT Kit, Cable. System Trunk Mount, MDC $ 44.95 S 44.95 25 ,INSTALLATION By 104 Retrofit TBD $ 396,00 $ 91900.00 25 MVD-USS-EXT-TM Option, TM DVR USE Fxt, with MTG Bracket, 22FT $ 49,95 S 1,246.76 9 LCMNTDSPDMM104 Optional Mounting Brackets for V-1 2006-2010 Charger Mount, Dash Monitor. Tift & Swivel, Impala & Dodge Charger, MDC $ 149.00 S 1,341.00 9 LCMNTADPCMM201 Apater, Mount VESA-100. MDC $ 36.00 $ 315.04# 9 LCMNTDSPCMM301 Adapter Bracket, Monitor, Haws, MDC $ 29,00 $ 261:00 8 LCVMNTHVDMM119 2011-2012 Charger Mount, Keyboard Swing out, 2011-12 Charger, Havis, V-One $ 249,00 $ 1,992.00 8 LCMNTADPOMM201 Apater, Mount VESA-100, MDC $ 35.00 $ 280.00 a LCMNTDSPCMM301 Adapter Bracket, Monitor, Haws, MDC $ 29.00 $ 232.01) I LCVMNTHVTAHSWG Tahoe Mount, Computer Havis Swing out Dash, 07-12 Tad oe/YokomSubutbon, V-one $ 249,00 $ 249.00 1 LCMNTADPCMM201 Apater, Moord VESA-100, MDC S 35,00 $ 35100 Continued QL-..- 1 V —Aft ,FMmob"Ole-vision, Inc. Baldwin Park Police Dept. 14403 E Pacific Ave. BALDWIN PARK CA 91706 Attention: Lt. Reynoso May 22, 2012 Quotation Data: 5121/2012 Quotation Number: 0106408 Prices Valid Until: 712012012 Page 2 CITY ASSCRIPTION NIT PRIG AMOUNT' 1 LCMNTDSPCMM301 Adapter Bracket, Monitor, Havis, MDC $ 29.00 $ 29.00 Crown is 5 LCMNTL3MV2CVSO Mount, Monitor, Dash Swing Out, Ford Crown Vic, 1996-2008 $ 299.00 $ 1,495.00 5 LCMNTADPCMM201 1 Apater, Mount VESA-1100, MDC $ 1 35.00 $ 176.00 5 LCMNTDSPCMM301 — Adapter Bracket, Monitor, Havis, MDC $ 29.00 $ 145.00 2005 Chevy 2500 1 IMISO Mounting Brackets $ 425.00 $ 425.00 1992 Safari MoFor —Home I /MISC Mounting Brackets $ 340.00 $ 340.00 Keyboard Mounts - Chargers, Tahoe and Crown Vics 23 LCMNTKBDCORS Mount, Keyboard Adapter;.. -Quick Spring Release $ 77:00 $ 1,771.00 — Cellular Modern for AT&T, includes 5 Power Cabie, Precision CPS Receivar. 101 Base TX Etht net PUFT7=2 Serial Port, and US8 Port, SMA (F) Primary Cellular Antenna Connection, SMA (fF Fix Diversity Anti rina Connection, SMA (F) GPS Antenna Connection 26 /MiSC Airfink GX440 $ 940.00 $ 24,440.00 Threaded Soft Mount. Color black. SMA connectors for 44 r. Standard 15 feet coax and must be ;Mmed on metal surface. 824-896 MHz, 1850-1995 MHz, 704-787 Mhz (Block 8 and C), 1575.42 MHZ 3 C B gain 26 /MISC. AP-CeIVLTE1GPS Antenna $ 159,00 $ 4,13440 lbreaded Boll Mount ColorBlack, ✓ SMAconnecytorfor-G 26 1MISC AP-Cell/I.TE Antenna, $ 135.00 $ 31510.00 Additional Mounts 0 /MISC 2006-2010 Charger Mount $ 69.00 $ 0.00 0 LCMNTADPCMM201 Apater, Mount VESA-100, MDC $ 35:00 $ 0.00 0 LCMNTDSPCMM301 Adapter Bracket, Monitor, Mavis, MDG $ 29.00 IS 0.00 - 0 TIM ISC 2011-2012 Charger $ $9.00 $ 0,00 C:onlmuedd • Pagel 1 0 fill J 01 V,MMotille-Vislon, Inc. Sailikem Park Police Dept, 14403 E, Pacific Ave, BALDWIN PARK, CA 91706 Attention: Lt. Reynoso, May 22, 2012 Date-' 51112012 Ouotation Number: 0106408 Prices Valid Until: 712012012 QTY DESCRIPTION UNIT PRICE 0 LCMNT ADPCMM201 Apater, MouTitVESA-100, MDC $ 35,00 IS 0.00 0 LCMNTDSFICMM301 Adapter Bracket, Monitor, Havis, MDC $ 29.00 $ 0.00 0 tMISC Crown We $ 69,00 $ 0.00 0 LCMNTADPCMM201 Apater, MouTAVESA-100, MOC $ 35.00 $ 0 LCMNTOSPCM.M301 Adapter Bracket, Monitor, Havis, MDC $ 2940 $ 701)01 Lease "ayba—, 51 suyoutLease Option. Lease payments do not include applicable taxes/doc fees and are suboct to credit approvat Unless quoted, the Extended Warranty is not included in this quote 5 Yearly Payments: $47.964.57 Nom P*iv does r4t #wAde AwW#e*n offfie 1014s OnWmg mAwirk *w*w or wwAstss a=— P-& ob— ]SUBTOTAL: $ 192,642.70 ofivwRtl go Days or Less ARO Sales Tax (As Requlred) $ 15.517AO CREDIT TERYS' Net 30 Days Shipping wln the commemal USA via UPS Ground: $ 11,35040 O)'HERSTATE10CALFEE& Nottmiuded TOTAL: $ 209,510.19 90 Fanny Road Boonton, NJ 07005 Voice; (800) 336-8475 Fax: (973) 257-3024 E-Mat Address: sales.mvi@L-3comcom Web Pagc www.L-3oom.=nfMV 5/9/2012 Contact: Lorraine Trevino Quote #050112BPPD.6 DESCRIPTION UNIT QTY EXT GD8200 -01A GENERAL DYNAMICS ITRONIX GD8200 FULLY - RUGGED LAPTOP, 2.2GHZ 2ND GEN INTEL i7, 13.3" XGA DYNAVUE TOUCHSCREEN $5,175.00 28 $144,900.00 GD8200 -02L 4GB DDR3 (4GBX1), 120GB SSD 28 Intl GD8200 -03C PC CARD & SMART CARD 28 Intl GD8200 -04B FINGERPRINT READER 28 n/a GD8200 -05 6 GENERAL DYNAMICS DISPLAY BACK LABEL & NO WIRELESS RADIO ON /OFF SWITCH & HAZLOC 28 Intl GD8200 -06A IWINDOWS 7 PROFESSIONAL (64 -BIT) US & VPRO 28 Ind GD8200 -07B U.S. BACKLIT KEYBOARD - (will upgrade keyboard onsite to black backlit KB when released) 28 Intl GD8200 -08E WWAN: MOBILE BROADBAND -AT &T 28 Intl GD8200 -09 4 DUAL EXTERNAL ANTENNA CONNECTOR (FOR USE WITH WWAN /GPS) 28 Intl GD8200 -10H WLAN & BLUETOOTH & CPS 28 incl 7160-0194-01 Vefiei aitiyiiainiC$i[i Un1ri "vi.ioVVU CiGCiCwith iVCi i(Y-3 Yea r lviaiillldllUl er Warranty (2 5,1 rear Tahoe) $515.00 26 $13,390.00 NFMAX5YRPROMO- GD82 5 YEAR NO FAULT MAX SERVICE WARRANTY FOR GD8200 -BEST DEALM PROMO $590.00 28 $16,520.00 Vehicle Mounting: 2005 Chevy 2500 7160 -0178 7" Center Upper Pole $37.26 1 $37.26 7160 -0220 Mongoose 9" locking slide arm with 360 degree clevis $146.56 1 $146.56 2012 Chevy Tahoe Front: MCS - COMBRKT U- Bracket Computer Mounting Bracket $30.81 1 $30.81 7160 -0219 Motion Attachment, Mongoose, Locking Slide Arm - No Clevis $132.00 1 $132.00 7160 -0285 Low Swivel wi 10 degree angle $20.37 1 $20.37 2012 Chevy Tahoe Rear 7160 -0053 12" locking slide arm $315.14 1 $315.14 7160 -0285 Low Swivel w/ 10 degree angle $20.37 23 $468.51 All Crown Vics & Dodge Chargers MCS - COMBRKT U- Bracket Computer Mounting Bracket $30.81 23 $708.63 7160 -0219 Motion Attachment, Mongoose, Locking Slide Arm - No Clevis $132.00 23 $3,036.00 7160 -0285 Low Swivel w/ 10 degree angle $20.37 23 $468.51 13792 Lind Shut Down Timer, Low Profile, Adjustable - 1 Year Manufacturer Warranty $79.00 26 $2,054.00 Labor LABOR- AT SHOP INSTALL CUSTOMER PROVIDED COMPUTER W /CAMBER JOHNSON HARDWARE / RUN POWER / NO EXTERNAL ANTENNAS / INSTALL TIMER / REMOVE DATA 911 COMPUTER SYSTEM ** *non - taxable $300.00 25 $7,500.00 Labor Install GD8200 & Dock, 12" Slide Arm in Tahoe on top of command post in rear ***non - taxable $300.00 1 $300.00 Taxable Subtotal $165,707.79 Non - Taxable Subtotal $24,320.00 CA EWF $6 ea. 28 $168.00 Ground Shippingl $595.00 8.75% CA Sales Tax $14,499.43 TOTAL $205,290.22 62- 0781 -001R COMBO MULTI DVD- RW /CD -RW DRIVE WITH ROXIO EZ CREATOR AND POWER DVD SOFTWARE (GD8200) $225.00 NFMAX3YR -GD82 3 YEAR NO FAULT MAX SERVICE WARRANTY GD8200 $295.00 NFMAX4YR -GD82 4 YEAR NO FAULT MAX SERVICE WARRANTY GD8200 $590.00 NFMAX5YRPROMO- GD82 5 YEAR NO FAULT MAX SERVICE WARRANTY FOR GD8200- BEST DEALH! PROMO $590.00 Lead time 4 -6 weeks ARO Prices are good for 30 days and may be subject to change w/o notice Terms: Govt. IssuedNet 30 PO, Prepaid Company Check or Wire Transfer, All Pricing is in U.S.D. All International Sales require prepayment via wire transfer - $30 Fee for Wire Transfer All Customs Fee, Duties & Taxes are the responsibility of purchaser All California sales require 7.75% Sales Tax and $6 EWF per LCD 12812 Valley View Street, Suite 10 Garden Grove, CA 92845 www.DuraTechUSA.com Sales @DuraTechUSA.com 11r•I�11�� .. ' i� AUG 1 ..:. � g Consent Calenc Approval of Renewal of Animal Control Agreement County of Los Angeles with Revised Billing Rates PURPOSE This report requests City Council approval for renewing the agreement with the County of Los Angeles for animal control services for the City of Baldwin Park with revised billing rates. BACKGROUND /DISCUSSION The City of Baldwin Park has had a long- standing agreement with the County of Los Angeles to provide total animal control services. The County's service to the City includes patrols, kennel /animal shelter services, and license sales coordination. All services provided are billed to the City, and all revenues realized from license sales go toward offsetting the costs of the program. Our current agreement expires on June 30, 2014. On June 6, 2012, the City received correspondence from County of Los Angeles Department of Animal Care and Control advising of their Fiscal Year 2012/2013 billing rates increases. Field Services rate will increase by 3 percent; Canvassing Services 3 percent increase; Daily Kennel rates for dogs /cats will decrease by 5 percent; and Daily Kennel rates for all other animals will decrease by 5 percent, license processing rate will increase by 5 percent , and disposal of dead animals will increase by 5 percent. These rate hikes will raise the City's cost for providing animal services approximately 6 percent. The cost for providing animal services fluctuates from year to year depending on the level of need in the community. Since 2009, the rates and cost of Animal services have increased significantly. The city spent $677,693 in the past three years. Per Los Angeles Animal Care and Control, animal services costs are estimated to be $280,607 with the new increases. This is assuming that animal numbers remain the same as 2011/2012. Staff has reviewed the level of service provided to the City. In 2011/2012, the County provided housing for 11,909 animals and picked up 662 dead animals. The Police Department and Code Enforcement staff was surveyed as to the County's services levels. Both departments said the County has been responsive to the needs of the City and has worked with staff to make corrections where there were issues /complaints. FISCAL IMPACT The fiscal impact to the City is the cost of the agreement, which at this time is estimated at $280,607 with the new increases. RECOMMENDATION Staff recommends City Council: approve the Agreement with County of Los Angeles, Department of Animal Care and Control. If approved, the agreement with the County becomes effective July 1, 2012 and will run though June 30, 2014. ATTACHMENTS: A) Letter from Marcia Mayeda, Director, County of Los Angeles Department of Animal Care and Control, advising of 2012/20131 rate increases and level of service request, B) Renewal contract for FY2012/2013 effective July 1, 2012 Marcia Mayeda Director Animal Care Center (ACC) Locations Agoura ACC 29525 Agoura Rd. Agoura, CA 91301 11818) 991-0071 Baldwin Park. A I CC 4275 N. Elton St. Baldwin Park, CA 91706 (626) 962-3577 Carson/Gardena ACC 216 W. Victoria St. Gardena, CA 90248 (310) 523-9566 Castaic ACC 31044 N. Charlie Cyn. Road Castaic, CA 91384 (661) 257-3191 Downey ACC 11258 S. Garfield Ave Downey, CA 90242 (562) 940-6898 Lancaster ACC 5210 W. Avenue I Lancaster, CA 93536 (661) 940-4191 County of Los Angel- • - • Animal Care and Control Administrative Office 5898 Cherry Avenue Long Beach, California 90805 (562) 728-4610 • Fax (562) 422-3408 http://animalcare.la Rt -NED June 4, 2012 Mr. Vijay Singhal City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 J �U -_ 9 l) 1) i 4 19 6 P ADMHSTRA110�," (,,rP,f C,0UNCK L 6S A I t. L S AN . I I ­ A L CARE AND &)N AR-­ ­11 ­1111 1, pZ(i- The County of Los Angeles (County) Department of Animal Care and Control (Department), in conjunction with the County Auditor-Controller, has revised the contract city billing rates for Fiscal Year (FY) 2012-13. The new rates are summarized on the first page of the FY 2012-13 Service Level Request (Attachment A). These rates have been approved by the Auditor-Controller and will be effective on July 1, 2012. The FY 2012-13 billing rates are reasonably consistent with the current billing rates. These changes are described as follows: • Field services rate will increase by 3 percent. • Canvassing services rate will increase by 3 percent. • Daily kennel rate for dogs/cats will decrease by 5 percent. • Daily kennel rate for "other" animals will decrease by 5 percent. • License processing rate will increase by 5 percent. • Disposal of dead animal rate will increase by 5 percent. In an effort to ensure prescribed services within your jurisdiction in the upcoming fiscal year, we are seeking your cooperation in completing the enclosed Service Level Request and submitting the completed form no later than June 18, 2012. Please submit the completed Service Level Request to: Ms. Whitney Duong/Contract Cities Department of Animal Care and Control 5898 Cherry Avenue Long Beach, CA 90805 "To Enrich Lives Through Effective And Caring Service" Mr. Vijay Singhal June 4, 2012 Page 2 The completion of this annual Service Level Request is consistent with the terms of the revised July 1, 2009, standard Agreement. This document provides us with an acknowledgement of planned services and allows for operational planning and deployment of resources. During the fiscal year, the City may also submit a request for changes in services as needed. These additions or deletions to services contemplated in a revised service level agreement can be scheduled for implementation upon agreement by both parties. In addition, we have enclosed a breakdown and description of kennel days and field services (Attachment B) and FY 2012 -13 budgetary estimates (Attachment C) for your referenced Adoption of Title 11 0 As stated in our November 10, 2011, letter, under the standard cities contract format adopted by our Board of Supervisors on August 18, 2009, contract cities are no longer required to separately adopt Title 10 and each amendment thereto. Therefore, we will be enforcing all sections of the Los Angeles County Code Title 10 (Animals) and any amendments thereto, unless specifically directed by you in writing to do otherwise. The City may opt out of certain provisions of Title 10 and substitute with a lawful City ordinance to be enforced in lieu of a County ordinance. Hayden Law Senate Bill 1785 (SB 1785), often referred to as the Hayden Law, strengthened the accountability of animal shelters and extended the holding period for impounded animals. The extended holding period varies depending on the operating hours of the animal shelters. In general, the holding period went from three days to four days, not including the day of impound, with the intent to provide additional time for owners to reclaim their pets or to give the animals additional opportunities for adoption. Under the Hayden Law, the State was mandated to reimburse municipalities for the costs incurred as a result of the legislation. The mandates of SB 1785 have been suspended since the 2009 -10 fiscal year. The Department has determined that it is in the best interests of the animals in our care to continue to hold most stray animals for the additional two days. Last year, our Department reunited over 1,100 animals with their owners and many more animals were adopted during the extended holding period. As such, the County Board of Supervisors sent a letter to the Governor urging him not to repeal SB 1785. We would like to take this opportunity to ask our contract cities to join the County of Los Angeles in requesting the Governor not repeal this law. Mr. Vijay Singhal June 4, 2012 Page 3 The Department has been providing sheltering for transfer service for cities that utilize the County animal care centers to temporarily hold stray animals prior to transferring to a non-county facility of the city's choice. The sheltering for transfer service has been an inconvenient process for residents, and the Department has chosen to discontinue this service. The sheltering for transfer program is not an efficient operational model. Each program L_ movement of animals introduces additional stress and increases the likelihood that communicable diseases are spread to other facilities. —1 his model has also been problematic from a customer service standpoint as residents often travel to two or more facilities to look for a lost pet. In an effort to address these issues, the Department will be working with each city that has selected this option to modify their sheltering plan. This option will ultimately be phased out. Such an arrangement would only be used in emergencies when no other option is available. If your city currently utilizes this option, our staff will be in contact with you to initiate work on a transition plan. If you have any questions, please contact me or your staff may contact Ms. Whitney Duong, Contract City Liaison, at (562) 256-2412 or wduong@animalcare.lacounty.gov. Sincerely, MARCIA MAYEDA Director MM:DD:WD:in 2012-13 Bill Rates 6.12 Attachments U1 -TG (D G -1 O r� n r r ry T ro p U) 7C T. 07 QJ "O ~ 4D rD N O_ n v FD 2 N rD Ol N < N O =. O.. N CD :3 N :3 < 01 N V) fl! N N W(D Ci N (ND r (D ro __ _ — N N (D O p Oq n rr O y N rD N N p rD °° o rD CD 0 3 CD on In 6 (D -n O) — Z5 O rD rD Q Q 3 2 N D 03 �3 Q h r M O ro v � N < D 0i � Dq N N (D =3 CT rD D N (D N O c- z v= S m m O O n n D ((D 1 Q n (D S S N N N N N N 7 o � N ' N Oo N N N O l0 O O V m W N N FD. Ut " 00 J N 3 O O A N to N J J s o c v S N W N N 'G N n 00 O O m N N O W 00 O O Co N LP 00 lD N O 1-' v N to to to to to to to to to to � to Q N U1 lD w w o0 0 0 o v a N n o Q1 V W J 00 A In N O In V V ,< Ln Ul O N w O Ul A I-' Ul lD N O io 00 Oo N w O m 0o N N A A- c (D -n rD (D to to to to to to n N N v t- " m (p " N Ul lD !-� N Ut N N N N W N V lD N m A N lD . 00 O m N N 0 m O lD N Ln m lD OJ n C: t/f V? V? L? iR t/f t,/) t/f t/1 t/) t/? t/} .. N n 00 O 00 00 N U'i 03 W -Cl) to ' 41 Ol W " N W N V V O F--` O N O W A m N"" V W 2 lD In Ut 00 m N 0 + fk. 1 0 M O � z -� � n Z O -{ Z O <^ " O M Z -M < (- m D O m r- Z D Z m C) N O r A m (� O to n Z m O C 0 O m m w lu 0 A S 3 7 , Attachment B Los.Angeles County Aepartment • Animal Care and Controi Description of Services Provided Field Services Resources dedicated to providing quality animal care services in the field. Activities involve field officers performing a variety of tasks utilizing appropriate equipment. 1 hese tasks include: • Immediate response to vicious/dangerous animals that pose a public safety threat, • Capture and impou n U1 m e nt Uo f s -LL r a y Ud o m e s "L Lit.. a nii m 1 al S • Impoundment of animals surrendered by their owners; • Removal of dead animals from public and private property; • Enforcement of all animal related ordinances and State laws including leash laws, animal cruelty laws, dangerous/vicious dog enforcement, and the keeping of wild or exotic animals; • Investigate Potentially Dangerous and Vicious Dog cases; prepare appropriate petitions; and conduct administrative hearings, consistent with state and county laws-, • Rescue of ill, injured or abused animals, • Enforcement of animal nuisance complaints such as barking dogs and leash law violators-, • Assist local law enforcement with their cases when animals are involved, such as the service of search warrants and impounding animals belonging to persons taken into custody, • Emergency response to fires, earthquakes, floods and other natural or manmade disasters to rescue animals from harm; • Maintain 24 hour dispatch and call center to receive calls for service and dispatch'them to officers for field response; and Shelter Services Represents services dedicated to providing a comfortable and safe environment to shelter animals. Shelter services include: • Providing food, water, shelter medical care for impounded animals; • Holding stray animals and attempting to reunite them with their owners; • Finding new adoptive homes for domestic animals; • Working with wildlife rehabilitators to rescue sick and injured wildlife; • Providing emergency sheltering to animals displaced by wildfires or other disasters; • Spay and neuter services for all dogs and cats pursuant to State law • Performing surgeries to make animals more adoptable • Euthanizing sick, injured, dangerous, feral or un- adopted animals; • Quarantine and observation of animals for rabies; • File annual reports to the State of California as required by law; • Disposal of dead animals; • Maintain website of lost and surrendered animals so owners may locate their lost animals and potential adopters may find a new pet; and • Maintain regular hours of operation for the public. Licensing Represents resources for providing the issuance and processing of licenses. This function includes: • Issuance of animal licenses to animals that have been vaccinated against rabies; • Processing license applications, payments, and information changes; • Issuing license renewal notices; • Assessing and collecting fees, penalties and other financial remittances; and • Maintenance of animal licensing database Licensing Field Enforcement (Canvassing) Represents services dedicated to providing field enforcement for animal license compliance. This program includes: • Neighborhood field enforcement of animal licensing and other State and local laws and ordinances; • Issuing citations to violators of animal licensing ordinances; and • Collecting license revenue Business Licensinq Represents the process to issue and enforce licenses provided to private businesses involved in regulated activities related to animals. This program includes: • Annually inspect and license animal facilities such as pet shops, breeders, animal menageries, grooming parlors and all other places where animals are maintained for profit or business activities; and • Issue grades to facilities, similar to the Los Angeles County Public Health Department's Restaurant Grading System Vaccination and Microchip Clinics Represents resources to provide vaccines and microchips, including: • Provide low cost vaccinations and microchips; • Staff with medical personnel and necessary support staff; • Assist jurisdictions in promoting community based clinics; and • Provide regular clinics at each Los Angeles County Animal Shelter ,3 Attachment A CITY-COUNTY MUNICIPAL SERVICES AGREEMENT COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL em THE CITY OF 0]. rAj a DJYJTJ I Ll rjAr 64" FISCAL YEAR 2012-13 SERVICE LEVEL REQUEST Part One: Billing Rates for the period July 1, 2012, through June 30, 2013 Kennel Services* Dog and Cat per day $15.93 Other animals per day $ 7.51 Observation per day $19.12 Dog license processing per license $ 2.41 Dead animal disposal per animal $11.12 Field Services per hour $81.65 Animal License Field Enforcement Canvassing per hour $62.12 Liability Trust Fund (applied to Field Services and Animal License Field Enforcement Canvassing hourly amounts only) 4% City of Baldwin Park Page 1 of 8 Authorized Representative Authorized Signature (Printed Name) (Signature) Title Telephone Number Standard Shelter Services: Date Full Service - All animals acquired in the field, within the boundaries of the City or determined to have originated within the boundaries of the City, may be impounded at a County animal care center. Impounded animals will be vaccinated and provided medical care, food, and shelter. The animal's picture will generally be posted on the Department's website to assist residents in reclaiming a lost or missing pet. Residents may also visit the associated animal care center to find their lost or missing pet. The hours of operation of each animal care center are scheduled at the discretion of the Department. See Part One for the associated shelter services billing rates. Primary animal care center *: (Baldwin Park Animal Care Center) *The Department shall take reasonable action to shelter all animals at this location. There may be circumstances in which the Department must shelter animals at an alternate location. In general, such sheltering shall be temporary and animals shall subsequently be transferred to the primary animal care center. Contract cities are charged for the first five days of care for animals impounded within the city's jurisdiction. If an animal leaves our care earlier for any reason, cities will be charged based upon the actual number of days (1 -4). If an animal is redeemed, the redemption fees collected from owners will be credited to the city (up to ten days). The County assumes liability and disposition of these animals after five days with the exception of animals held as a result of a seizure or criminal case, abandoned animals, observation animals (quarantine), potentially dangerous or vicious dogs, and return to owner animals. City of Baldwin Park Page 2 of 8 Below are the kennel services maximum number of days billed and the description: City of Baldwin Park Page 3 of 8 Maximum number *Kennel Services Description of days billed Kennel Services: Stray or relinquished animals. 5 days Private Veterinarian: If the owner is unable to be located and the injury or condition is life threatening and the scene of the incident is not in the vicinity of a County animal care center, or if the medical staff at the animal care center are not 5 days available, the animal will be taken to the nearest private contract veterinarian. Cities will be charged for the private contracted veterinarian visit. A P%;rv%n IS: A n; rn -n ..Iislil�l , bite that causes any penetration of the skin by teeth which requires a bite report be taken and the animal quarantined. The animal will be placed 10 days in quarantine confinement and observed for ten (10) days minimum from the date of the bite at the discretion of the Department of Veterinary Public Health. Return to Owner Animal: The owner or person entitled to the custody of any animal impounded can redeem such 10 days animal by paying impound and boarding fees accruing up to the time of such redemption. Abandoned Animals: Hold at least fifteen (15) calendar days; determine whether the owner had an agreement with someone to care for the animal in their absence, post a Form 15 days 58 (Notice of Impoundment) at the premises for the owner if they return, and mail a registered or certified letter to the last address Special Intake: Confiscated, Court Case, Police Request, Unlimited days Owner Arrested, Potentially Dangerous or Vicious Dog City of Baldwin Park Page 3 of 8 Field Services: The County will provide the services set forth below in accordance with the provisions of the Los Angeles County Code, Title 10 - Animals, and all amendments, except as otherwise agreed to by the parties in this Service Level Request. /Standard Service Plan - Includes answering calls for service (24 hours per day, daily); dispatching or assigning field staff; and performance of duties in the field based on priority, location, and availability of staff. ❑ Limited Standard Service Plan: • Daily between the hours of (a.m. /p.m.) and (a.m. /p.m.) • Weekend days and holidays • Emergency Services - As needed 0 Humane 1nvP--,tigations and Prosere ptinn _ As needed Regular Business hour contact information: Department Name: Telephone: Address: Outreach and Enforcement Services: County will enforce the fees set forth in Los Angeles County Code Section 10.90.010 et seq. unless the City provides an alternate fee schedule approved by the City and provided to the County. Canvassing (Animal License Field Enforcement) License Canvassing Services - Provides for dedicated staff to perform license enforcement activities (issuing new licenses, license renewals, collecting delinquency charges and other fees) in the field. Authorized Canvassing Services o County and City shall subsequently agree to the time and scope of this service. No Canvassing Services City of Baldwin Park Page 4 of 8 Animal Facility Licensing Animal Facility Licensing Services - Provides for dedicated staff to perform animal facility inspection and licensing to any lot, building, structure, enclosure, or premises for any animal related business or organization which is required to be licensed. The animal facility licensing staff inspects animal related facilities annually and when otherwise necessary, to ensure the health and safety of the public and animals. Businesses are provided a letter grade based on the results of the inspection. Animal facility licenses are generally valid for one year from the date of issue. The Department will inspect animal facilities and any revenues collected will offset services. V Animal Facility Licensing o Licensing and inspection/Grading Services M= Clinics JVaccination Clinic(s) will be requested to be conducted within your jurisdiction Note: Canvassing charges apply to Vaccination Clinics conducted within your jurisdiction. ❑ No Vaccination Clinics City of Baldwin Park Page 5 of 8 Part Four: License Information (required if the Department manages City licensing) Standard Licensing Services: License renewal notices are mailed or transmitted to the animal owner of record, the renewal and payment is received and processed annually on a fee per license basis. Licenses will be required before an animal will be released to a resident of a City participating in the Standard Licensing Services program. Fees from licenses collected will be credited to the City monthly in arrears. City has adopted the license fees outlined in Title 10 of the Los Angeles County Code Altered Dori 20.00 Altered Cat $ 5.00 I InnIfmrPrJ Dog rn no Unaltermri (n+ Spay/Neuter Trust Fund: City elects to contribute $5.00 per altered and unaltered dog licenses to the Spay/Neuter Trust Fund. The Spay/Neuter Trust Fund will allow the Department to offer a low cost spay/neuter program for the City's residents who wish to have their pets spayed or neutered but cannot afford the surgery. Once residents are qualified, Department staff work with shelter clinics as well as mobile clinics to assist qualified residents in obtaining spay/neuter services in an area near them. / Participate in the mandatory Spay/Neuter Trust Fund field services) City hereby agrees to the enforcement of all portions of the Los Angeles County Code Title 10 - Animals and its amendments unless otherwise specified below. L7, City agrees to the enforcement of Title 10 with the exception of the following: City of Baldwin Park Page 7 of 8 Upon reasonable notice, the Department shall make available to City of YcA authorized representatives for examination, audit, excerpt, copy, or transcription any pertinent transaction, activity, or other record relating to this Agreement. The City of shall ensure such records are handled in a manner consistent with all applicable privacy laws and any other laws related to public records. Part Six: Contact Information Alternate Contact Name: Address: Telephone: (_). 'SX1,!S CK -)--2--) Alt. Telephone: (_) E-mail: WD:inAContract Cities City of Baldwin Park Page 8 of 8 DATE: August 15, 2012 SUBJECT: Adoption of Resolution No. 2012-032, a Resolution of the City Council of the City of Baldwin Park underlining support of and interest in participating in a Regional Bicycle Master Plan. Staff requests that the City Council consider adopting Resolution No. 2012-032, a Resolution of the City Council of the City of Baldwin Park underlining support of and interest in participating in a regional bicycle master plan. On July 18, 2012, Councilmember Marlen Garcia requested staff to prepare a letter of support and a formal Resolution of support for the Bike San Gabriel Valley application for grant funding to create a Regional Bicycle Master Plan. Councilmember Pacheco also requested to apply for funding under the same grant. This grant is made possible by an award received from the Centers for Disease Control and prevention (CDC) through the County of Los Angeles Healthy Eating Active Living (HEAL) initiative grant program. It provides for a $125,000 for each of the 5-year potential funding of strategies that will create environments where it is convenient, safe, and easy for community members to eat healthier and participate in physical activity every day. Bike San Gabriel Valley (BikeSGV) is a non-profit organization actively pursuing a San Gabriel Valley Regional Bike Plan initiative that would provide local and regional connectivity while promoting the bicycle as a viable and healthy form of alternative transportation. BikeSGV is currently in the process of writing a grant proposal to the Los Angeles County Department of Public Health, Healthy eating Active Living (HEAL) program to realize this plan. A letter of support and a formal Resolution was prepared to support BikeSGV application. In adopting the proposed Resolution, the City of Baldwin Park would become a partner with BikeSGV and would strengthen BikeSGV application. The City would also receive $20,000 in funding from the grant. BikeSGV has already several San Gabriel Valley cities supporting its efforts such as the cities of South El Monte, La Puente, San Gabriel and Monterey Park. August 15, 2012 Resolution No. 2012-032 Page 2 of 2 The City of Baldwin Park will also submit a separate HEAL grant application in partnership with the California Center for Public Health Advocacy (CCPHA) and the Baldwin Park School District (BPUSD). Under the grant requirement, each partner shall receive $20,000 in funding. This grant application will focus on Healthy Eating and School District strategies to reduce obesity by increasing and facilitating access to better nutrition and education in Baldwin Park. If awarded, the City may receive a total of $125,000, including $20,000 for each partner, for each year the grant is funded, up to a maximum of 5 years. There is no fiscal impact on the General Fund. It is recommended the Citv Council adopt Resolution No. 2012-032 entitled. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK UNDERLINING THE CITY'S SUPPORT OF AND INTEREST IN PARTICIPATING IN A REGIONAL BICYCLE MASTER PLAN" ATTACHMENT: 1. Letter of support 2. Proposed Resolution No. 2012-032 EMMUMME PLACE Program 0955. Vermont Ave., South Tower, 14th Floor Los Angeles, CA0O0O5 Re: San Gabriel Valley Regional Bike Plan As a city who has pioneered policy changes addressing the heath and built environment of our community and a leader in planning healthy, livable and sustainable communities, the City of Baldwin Park pledges our support for Bike San Gabriel Valley's (B|ke5GV) effort to secure funding for Regional Bicycle Master Plan in the San Gabriel Valley. The adoption of our Con)ok*ba Streets Policy has resulted in the avvananeoe and nnonnenhuno of providing a safe and efficient transportation system that promotes the health and mobility of not only all Baldwin Park residents and visitors but the region as a whole. Through the irnp|eno8ntoUnn of the policy, Baldwin Pork has committed to provide for the needs of cyclists of all ogoo and abilities while promoting safe operations for all. The San Gabriel Valley in home to o growing number of residents who depend on bicycles for their transportation needs. Yet most of the region's onnnnnunhUes have few, if any, bike-friendly amenities. By providing funding for the development of a Regional Bicycle Master P|an, this initiative will be a first step towards addressing the region's lack of bicycle-related infrastructure. The proposed multi-year planning and outreach pn}oaaa will result in o community-sensitive Regional Bicycle Master Plan, as well as city-level plans for each of the participating communities. If realized, o regional plan should help promote haaUbier, safer and more sustainable oononnunUUeS • making cycling a more viable and safe transportation option for residents of all ages; • encouraging physical eohvhv, including in underoemed oonnnnunhiea with higher rates of obesity and other health problems; • Supporting the development of multi-modal transportation systems linking naaidenUo| neighborhoods to existing and planned public transit hubs (e.g. Gold Line extension); • improving air quality by encouraging forms of "zero emission" transportation. For these reasons and more the City of Baldwin Park wholeheartedly supports the development of a Regional Bicycle Plan in the San Gabriel Valley. We look forward to the realization of this project in the near future. Sincerely, Manuel Lozano Susan Rubio K83deOG8Rci8 Monica Garcia Ricardo Pacheco Mayor Mayor Pro Tern Councilmember Councilmember Councilmember 10 =[**I itil I Is] L1 I L1 1711111140 up no-N • 0 • • • • • MAW4,1111=1611 . . 0 . 0 A WHEREAS, the City of Baldwin Park (the "City") supports bicycling as a form healthy, active transportation; and WHEREAS, the City wants to ensure that bicycling within city limits is a safe and viable transportation option for residents of the City and region; and WHEREAS, the City supports the development of a cohesive, regional network sif bicycle infrastructure within the San Gabrie I Valley; and j --- - ---- - J, --- - -- WHEREAS, funding is currently being sought for a Regional bicycie Master Han that would provide participating communities the opportunity to receive a Caltrans- approved bicycle master plan at little to no cost; NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL • THE CITY • BALDWIN PARK, CALIFORNIA, HEREBY: 1) Resolve to support BikeSGV's efforts to acquire funding for a Regional Bicycle Master Plan and underlines its interest in partnering with neighboring communities to participate in such a plan should funding be secured. TA "TA ilk x x R 1111139-3 Q 0 • ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2012-031 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on August 15, 2012 and that the same was adopted by the following vote to wit: 'I AUMMAIN MIM lalm The purpose of this report is to provide an overview of the completed work and consider the project's acceptance, contract closeout, and authorization to record a Notice of Completion. BACKGROUND Proposition 1B funds were allocated to the City of Baldwin Park in the amount of $1,206,000 for the second phase of the street improvements. The allocation of Prop 1B funds is restricted for use on city streets, roads and requires MTA pre-approval of project scope locations. On September 7, 2011 the City Council awarded Copp Contracting, Inc. the construction contract for the Prop 113 Phase 11 improvements for the amount of $1,016,143. In addition, the City Council authorized $115,000 for priority roadway repairs and $50,807 in contingency funds. The construction for Phase 11 started on January 10, 2011 and was completed on May 17, 2012. DISCUSSION The project consisted of installing cape seal city-limit to city-limit on Olive Street, Los Angeles Street, Puente Avenue and Cloverleaf Drive. It also, included concrete repairs, asphalt repairs, slurry seal and two speed bumps on Bess Avenue adjacent to De Anza Elementary. The 5% contingency was spent on additional concrete repairs, mainly sidewalk along the project limits. Notice of Completion for Prop 1B Phase 11 Citywide Street Improvements Project Page 2 of 3 August 15, 2012 FISCAL IMPACT There is no fiscal impact to the General Fund associated with this project. The following table summarizes the expenses on this project: tunas Autnorizea oy L;ity uouncii Construction Contract $1,016,143 Construction Contingency (5%) $50,V 07 Prioritv Roadwav Repairs $115,000 Total Funds Authorized Project Expenditures I Total Construction $1,181,950 Total Expenditures The retention amount of $118,195 has not been paid to the contractor, but is included in the construction costs above. RECOMMENDATION It is recommended that the City Council: 1. Accept the construction improvements by Copp Contracting, Inc. and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of $118,195 in retention funds to Copp Contracting, Inc. upon expiration of the 35-day lien period. ATTACHMENT Notice of Completion When Recorded Return To: City of Baldwin Park Department of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 This Space for Recorder's Use Notice is hereby given that the certain work of improvement known as: Prop I B Phase 11 Citywide Street Improvements Project for the City of Baldwin Park was accepted by the City Council on: August 15, 2012. The work of improvement was performed and completed by: Copp Contracting, Inc. on May 177, 2012. The undersigned, being duly sworn, is the Director of Public Works for the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. 0 Vijay Singhal, City Manager NOTARY PUBLIC CERTIFICATE STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS Date: On this day of 7 20 before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed this instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature LAIY WU GIL AGENDA -- SYRACUSE , ENGINEERING, INC AND AUTHOR17ATlOhJ TO RECORD THE NOTICE OF COMPLETION The purpose of this report is to provide an overview of the completed work and to request City Council consideration of the project's acceptance, contract closeout, and authorization to record a Notice of Completion. a E As a result of one -time economic stimulus funds made available by the Housing and Urban Development (HUD) agency, an allocation of $135,000 in Community Development Block Grant (CDBG) was made to the City of Baldwin Park for improvements on Illinois Street and unexpended funds remained in an amount of $49,800 which were allocated to this project and supplemented with $10,700 in Gas Tax fund. On May 2, 2012, the City Council awarded a construction contract to Moreno Engineering, Inc. in the amount of $54,906 plus an additional 10% for contingencies. Construction began on June 4, 2012 and was completed by June 16, 2012, way in advance of the July 5, 2012 due date with only one change order. These alley improvements consist of asphalt concrete pavement removal, grading and constructing an asphalt concrete pavement overlay to the alley south of Ramona Boulevard between Syracuse Avenue and Barnes Avenue. Additionally, a concrete gutter was constructed to allow for proper drainage of the alley. Notice of Completion, CDBG Street Rehabilitation August 15, 2012 191 R-144 I Mcli Page 2 of 5 The project originally called for the reconstruction and complete re- grading of the alley; However, staff was able to use existing grades and designed a structural section that would both drain rain water and reduce costs by over $50,000. The key was keeping the gutter on the south -side of the alley. With this design additional gravel and re- grading were be precluded from the project. To keep costs down staff performed all surveying, inspections and subgrade testing. Surrounding business and residents were informed of the impending work and as a result there were no complaints for disturbances due to the project. Prior to improvements, this alley was the highest recipient of illegal dumps. During the construction Public Works Staff installed surveillance bullet resistant cameras with illegal dumping signs. Now this alley has not been dumped on since June of this year. There was one change order for the minor removal and hauling of a dirt burm that resulted in improved south side slopes. 196-MA M16 There is no impact to the General Fund. The City has obtained a funding allocation of $60,500 of combined Federal and Gas Tax funds for the delivery of this project, including contingencies. The following tables summarize the funds authorized, and the ` total amount expended: Available Funds CDBG Funds $49,800 Gas Tax Funds $10,700 Total Funds Available $60,500 Funds Authorized by City Council Construction Contract $54,906 Construction Contingency (-10 %) $5,491 Total Funds Authorized q $60,397 Proiect Expenditures Total Construction (including one Change Order $920.00) $55,826.00 Miscellaneous (Advertising Costs, etc.) $455.12 Total Expenditures $56,281.12 Remaining Gas Tax funds go back to this fund as savings $4,115.08 Notice of Completion, CDBG Street Rehabilitation August 15.2O12 Page 3 of 5 The retention amount Of$5.588 has not yet been paid t0 the contractor, but i8included in the construction costs above. It is recommended that the City Council: 1. Accept the construction improvements by Moreno Engineering, Inc. and authoriz-t the recordation of a Notice of Completion; and 22. Authorize 'the payment of $5,588 in retention funds to Moreno Engineering, Inc. upon expiration of the 35-day lien period. 1. Project Location Map 2. Notice of Completion /, 1 iT1, , i I When Recorded Return To: City of Baldwin Park Department of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 This Space for Recorder's Use On Notice is hereby given that the certain work of improvement known as: CDBGIARRA Syracuse Alley Improvements Project for the City of Baldwin Park was accepted by the City Council on: August 15, 2012 The work of improvement was performed and completed by: Moreno Engineering, 'Inc. V on July 5, 20 12. The undersigned, being duly sworn, is the Chief Executive Officer for the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. CITY OF BALDWIN PARK 10 Vijay Singhal, Chief Executive Officer Date.- NOTARY PUBLIC CERTIFICATE STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS On this day of 2012 before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed this instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Ma TO: Honorable Mayor and Members of the ^i ouncil '01 FROM: David Lopez, Associate Engineer DATE: August 15, 2012 ril 01 Vilkilell :44:111 - J1 I - - -• This report requests that the City Council consider approval of additional traffic signal and street lighting maintenance work by Republic ITS (a Siemens Company). Republic ITS has been working for the City of Baldwin Park for over 25 years with the latest contract award as of October 20, 2004 for the maintenance of our traffic signals and city owned street lights, which has since expired and a month to month service is now being provided. A recommendation for the maintenance contract award will be presented at a subsequent City Council meeting. The City has seventy -two (72) traffic signals within the City of Baldwin Park. Republic ITS is responsible to maintain about fifty traffic signals, including one signalized pedestrian traffic signal. The remaining traffic signals are maintained by Caltrans, County of Los Angeles, the City of Irwindale and the City of West Covina. Included in the Republic maintenance contract are about 500 City owned street lights. There are also about 2,400 street lights, within the City of Baldwin Park, that are owned and maintained by Edison. Over the past two years we have had numerous vehicle collisions throughout our City causing damage to our traffic control and lighting infrastructure included are traffic signal poles, street lights poles, and traffic signal controller cabinets. Whenever high i r Traffic Signal and Street Lighting Maintenance Work August 15, 2012 Page 2 of 2 cost items as these are found to be in need of repair/ replacement, Republic ITS, submits work order estimates to Public Works Staff for their approval. To save on these costs Staff has bundled three separate repairs for the following locations: Location Repair Type Cost Baldwin Park Blvd. & Installation of a new concrete street light $7,145 Rexwood Ave. pole with dual light fixtures (the damage due to a vehicle collision occurred about a year ago and a new pole is required) Ramona Blvd. & Puente Installation of a new traffic signal pole at the $6,605 AV e. S-W corner (about a year agor a vehicle Y V collision irreparably damaged the pole and a leased temporary pole has since taken its place) Maine Ave & Clark Ave Purchase of a traffic signal controller $6,175 cabinet (this cabinet was damaged by a vehicle about six months ago and a leased cabinet with controller components has been provided) Total $19,925 In the first two collision incidents, in the table above, the drivers fled the scene. At the Maine & Clark location a drunk driver was caught and a claim for damages was sought through his insurance company. There is no fiscal impact to the General Fund. This service is paid for by our Landscaping and Lighting Maintenance Assessment District (LLMD) funds. U�� Staff recommends the City Council authorize the execution of work orders in the amount of $19,925 with Republic ITS for traffic signal and street lighting maintenance as described above and in the attachment. M 1k ifiTO] 0 1 Three Republic ITS work orders ATTACHMENT ii Republic ITSj Intelligent T Transportation Services May 15, 2012 Mr. David Lopez City of Baldwin Park 1440' ) East Pacific Baldwin Park, CA 91706 ,lob Name: INSTALLATION OF ANEW CONCRETE STREET LIGHT POLE ,lob Location: BALDWIN PARK BLVD. & RExWOOD Dear Mr. Lopez: . We offer to perform the following work, on the terms and conditions stated below and on the reverse side hereof, and at the prices shown, as follows: Pending your authorization Republic ITS will furnish and install a new 28' concrete street light pole with double 8' arms onto an existing foundation, install two 250watt HPS fractures, pull in new conductors from the pole to the adjacent pull box, make all necessary wiring connections, pour a concrete cap around the pole and test for proper operations. The lead time for this pole will be 6 to 14 weeks after the notice to proceed is given. This proposal does not include any bond or permit fees. Should additional repairs be required all efforts will cease and the city will be contacted for further authorization. TOTAL LABOR, MATERIALS AND EQUIPMENT ............. $7,145.00 This offer shall expire 60 days from the date hereof and may be withdrawn by us at any time prior thereto with or without notice. This offer supersedes any prior offers, commitment or orders, contains all terms, conditions and warranties and when accepted, constitutes the entire contract between the parties. The resulting contract shall not be modified except by formal written amendment. This offer shall be accepted by delivery to us of a copy of this offer duly signed by you in the space provided. The foregoing offer is hereby accepted this Title: day of , 2012. REPUBLI ITS Shenoa Petersen Project Manager (714)630 -2100 . (714 )630 -2828 fax 1266 Nowni LA LoNIA CIRCLE I\NAH1 -'IM, CA 32806 B()`;7'ON • DALLAS LOS ANc[it.rs SACRANit:wr<7 SAN I3I6GO SAN IM, May 15, 2012 Mr. David Lopez City of Baldwin Park 1440' ) East Pacific Baldwin Park, CA 91706 Job Name: INSTALLATION OF A NEw TYPE 17 TRAFFIC SIGNAL POLE Job Location: RAMONA & PUENTE, SOUTHWEST CORNER Dear Mr. Lopez: We offer to perform the following work, on the terms and conditions stated below and on the reverse side hereof, and at the prices shown, as follows: We have found the traffic signal mast arin pole on the southwest corner damaged due to a vehicle accident. As previously proposed upon your authorization, Republic ITS will coordinate traffic control with the City, remove the damaged pole, install a new Type 17 -2 -70 traffic signal pole, reinstall the existing signal mast arm, luminaire mast arm, signal equipment and signs, furnish and install one new 250W safety light fixture complete with lamp and photo cell, make all necessary wiring connections and return the intersection to full operation. Lead time on material is 6 to 8 weeks following the notice to proceed. Should additional repairs be required all work will cease and the city will be contacted for further authorization. TOTAL LABOR, MATERIALS AND EQuiPMENT ............. $6,605.00 This offer shall expire 60 days from the date hereof and may be withdrawn by us at any time prior thereto with or without notice. This offer supersedes any prior offers, commitment or orders, contains all terms, conditions and warranties and when accepted, constitutes the entire contract between the parties. The resulting contract shall not be modified except by formal written amendment. This offer shall be accepted by delivery to us of a copy of this offer duly signed by you in the space provided. The foregoing offer is hereby accepted this day of , 2012. CITY OF BALDWIN PARK REPUBLIC ITS By: Shenoa Petersen Title: Project Manager (714)630 -2140 • (71=0630 -2S28 fax 1266 Noii-ri -c LA LoNiA CiRc.u-. ANACamm' CA 93806 BOSTON • DALLAS . t.OS ANGELUS • SACtAA11--*1JT0 • SAN Deco • SAN P'RANCCSCO Republic ITS �s it r,. Intelligent Transportation `i Services May 15, 2012 Mr. David Lopez City of Baldwin Park 1440' ) East Pacific Baldwin Park, CA 91706 Job Name: INSTALLATION OF A NEw TYPE 17 TRAFFIC SIGNAL POLE Job Location: RAMONA & PUENTE, SOUTHWEST CORNER Dear Mr. Lopez: We offer to perform the following work, on the terms and conditions stated below and on the reverse side hereof, and at the prices shown, as follows: We have found the traffic signal mast arin pole on the southwest corner damaged due to a vehicle accident. As previously proposed upon your authorization, Republic ITS will coordinate traffic control with the City, remove the damaged pole, install a new Type 17 -2 -70 traffic signal pole, reinstall the existing signal mast arm, luminaire mast arm, signal equipment and signs, furnish and install one new 250W safety light fixture complete with lamp and photo cell, make all necessary wiring connections and return the intersection to full operation. Lead time on material is 6 to 8 weeks following the notice to proceed. Should additional repairs be required all work will cease and the city will be contacted for further authorization. TOTAL LABOR, MATERIALS AND EQuiPMENT ............. $6,605.00 This offer shall expire 60 days from the date hereof and may be withdrawn by us at any time prior thereto with or without notice. This offer supersedes any prior offers, commitment or orders, contains all terms, conditions and warranties and when accepted, constitutes the entire contract between the parties. The resulting contract shall not be modified except by formal written amendment. This offer shall be accepted by delivery to us of a copy of this offer duly signed by you in the space provided. The foregoing offer is hereby accepted this day of , 2012. CITY OF BALDWIN PARK REPUBLIC ITS By: Shenoa Petersen Title: Project Manager (714)630 -2140 • (71=0630 -2S28 fax 1266 Noii-ri -c LA LoNiA CiRc.u-. ANACamm' CA 93806 BOSTON • DALLAS . t.OS ANGELUS • SACtAA11--*1JT0 • SAN Deco • SAN P'RANCCSCO R1j 3! _ S 21 Republic ITS ¢y 1i Intelligent Transportation ¢; Services May 15, 2012 Mr. David Lopez City of Baldwin Park 14403 E. Pacific Baldwin Park, CA 91706 Job Name: PURCHASE OF 1E•PUBLIC ITS SPARE TRAFFIC SIGNAL CONTROLLER CABINET job Location: MAINE. & CLARK Dear Mr. Lopez: We offer to perform the following work, on the terms and conditions stated below and on the reverse side hereof, and at the prices shown, as follows: Upon your authorization we will sell the city of Baldwin Park the Republic ITS spare traffic signal controller cabinet that is currently operating _ at the above referenced location for the cost stated below. The authorization of this purchase will cease future rental charges and void past rental charges as well. Should the city not provide authorization for this purchase rental charges will continue at $250.00 per month for this cabinet and all previous charges will remain. Note that there is NO warranty included with this purchase. TOTAL LABOR, MATERIALS AND EQUIPMENT ............. $6,175.00 This offer shall expire 30 days from the date hereof and may be withdrawn by us at any time prior thereto with or without notice. This offer supersedes any prior offers, commitment or orders, contains all terns, conditions and warranties and when accepted, constitutes the entire contract between the parties. The resulting contract shall not be modified except by formal written amendment. This offer shall be accepted by delivery to us of a copy of this offer duly signed by you in the space provided_ The foregoing offer is hereby accepted this 0 Title: day of , 2012. REPUBLIC ITS Shenoa Petersen Project Manager (714)630 -2100 • (714)630 -2325 fax 1266 Nowr i LA LoNJA CIRCI -i- ANA1irini, CA 92806 BOSTON DALLAS Los t\Ncci_ns SAC.RANIL-NTO - SAN DiLGO SAN FRANCISCO r F9 Ff ..e This report requests City Council approval to execute a construction and maintenance agreement with the Southern California Regional Rail Authority (SCRRA) to allow for the construction of the City of Baldwin Park Transit Center pedestrian over cross over the SCRRA's right -of -way, and submit a deposit to SCRRA in the amount of $269,302 for costs associated with the project. On March 7, 2012 the City Council awarded a construction contract to PCL Construction Services Inc. in the amount of $8,631,300. The project consisted of several components; including a 5 level, 506 stall parking structure adjacent to City Hall, an overhead pedestrian bridge connecting the parking structure to the Metrolink train station, landscape and hardscape improvements for connectivity of pedestrians to the civic center, and appurtenant amenities. On March 21, 2012 the City Council added alternate number 8 to construct a lower level at a cost of $691,000. On July 18, 2012 the City Council added alternates number 4, 5, 7, 11, and 12 to add security loop detector imbeds, add three electric vehicle charging stations, install exterior metal screens, construct interior curbs and rails, and construct a block wall separation at a cost of $198,200. IN 0 As mentioned above, the Baldwin Park Transit Center Project includes an overhead pedestrian bridge which connects the parking structure to the Metrolink train station. The pedestrian bridge will span over the railroad tracks and encroach on the SCRRA's right -of -way. As a result, the City must obtain a permit from SCRRA before any work is Transit Center — Authorize SCRRA C&M Agreement and Deposit Page 2 of 4 August 15, 2012 done on the support tower located in the Metrolink parking lot and the bridge itself. The Metrolink Station property is owned by MTA and therefore MTA concurrence is also needed and is expected in few weeks. In addition CPUC approval is also required. Staff is working on obtaining these approvals. Over the past few weeks staff has been working with SCRRA on the permitting process. SCRRA has received all required submittals and a Construction and Maintenance Agreement has been drafted by SCRRA for City's review. The agreement outlines the requirements that the City must meet as a condition of permit issuance, the procedures that must be followed during construction and also requires insurance from the contractor as well as training of all construction staff who will be working at the site. One training session has been completed few more are scheduled. A copy of the draft agreement is attached Staff is working with the City attorney to review and finalize the agreement. Under the agreement, SCRRA will review plans and specifications before granting approvals, City ---I! be responsil-1- for payment of all SCRRA costs, which include C11 Ly M hail lult-- I I M I costs of reviewing plans and specifications, administration, overhead training, permit fees and cost of flagmen. SCRRA has very strict guidelines for performing work in close proximity to railroad tracks. SCRRA requires the presence of flagmen and they estimate a cost of $120,000 for this item. The costs also include $25,000 of deposit to cover the cost of maintenance of tracks and signals if needed and $24,482 in contingency. A detailed summary of estimated costs and charges is attached to this report. The total required deposit is $269,302, of which $50,000 was submitted at the beginning of the permitting process. SCRRA will present the City quarterly invoices of actual expenditures and draw down from the deposit. Generally the approval process takes several months, however, staff has been working very closely with SCRRA staff, which has been very supportive of City's efforts and assured the City of expediting the process. Besides obtaining approval from SCRRA, approval is also needed from CPUC for placing the bridge over the railroad tracks. Staff has submitted an application to the LACPUC staff and upon their review the application will be forwarded to their San Francisco office. CPUC approval is expected to be obtained by January before the scheduled date for placement of the bridge. Generally SCRRA requires pre approval from CPUC, however they have agreed to City's request to allow construction of the elevator tower, while the City works on obtaining CPUC approval. SCRRA has also agreed to help City with obtaining CPUC approval at an additional estimated cost of $10,000. Staff is proposing that these costs be paid from the $400,000 contingency set aside at the start of the project. To date $63,120 has been used and another $25,000 is expected to be incurred on obtaining approval from CPUC over the next 4-5 month period. After incurring these costs a balance of $306,880 will be available in the contingency as shown in the table below. After paying for the SCRRA costs a balance of $42,578 will remain in the contingency account. Transit Center — Authorize SCRRA C &M Agreement and Deposit August 15, 2012 Allocated Contingency Funds 1 $ 400,000 Total Change Orders AMOUNT $88,120 Contingency Balance $ 31 1,880 SCRRA Costs 717,600 910,500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 610,100......_ ._... _ ...._ ........ .................................. 44,800 $269,302 . Remaining Contingency CONSTRUCTION PHASE (PCL Contract) $42,578 While there is still a balance of $42,578 in the contingency account, there may be a need to add some additional amounts to the contingency pool. Staff will bring a recommendation, when such a need arises. With the approval of this amendment the total project cost will be $12,203,500 as shown in the table below: PROJECT COSTS AMOUNT ENGINEERING PHASE Design . ___.._. ..._-- ____..._.__.....__.._..__ _._ ._ _._.._.._.... Project./.Program. Management. _. Verizon -_Land (used Prop C) . _. _ ...................... .... . ............................... Other (Survey, Misc) $ $ . . . . . . . . . . . . . .$.. $ 717,600 910,500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 610,100......_ ._... _ ...._ ........ .................................. 44,800 SUBTOTAL ENGINEERING $ 2,283,000 CONSTRUCTION PHASE (PCL Contract) Construction Contract . . . . . . . ................ . . . . . . . . . . . . . . . ........................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Alternate #8 Lower Level (approved 3/7/2012) $ . . . . . . . . . . . . . . $ 8,631,300 . . . . . ................ . . . . . . . . . . . . . . . ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......... . . . . . . . . . . 691,000 Alternates # 4,5,7,11 & 12 Approved 7/18/2012 $ 198,200 SUBTOTAL CONSTRUCTION $ 9,520,500 CHANGE ORDERS PROCESSED $ 63,120 CHANGE ORDERS PROPOSED $ 25,000 SCRRA Deposit/Costs $ 269,302 CONTINGENCY BALANCE REMAINING $ 42,578 TOTAL PROJECT COST $12,203,500 Transit Center — Authorize SCRRA C&M Agreement and Deposit Page 4 of 4 August 15, 2012 There is no impact on the General Fund. There are sufficient funds in the $400,000 contingency which was allocated at the start of the project to cover the cost of SCRRA payment and the additional costs of $25,000 for obtaining the CPUC approval. It is recommended that the City Council: 1. Authorize the Chief Executive Officer to execute a Construction and Maintenance Agreement with SCRRA after a review by the City attorney; 2. Authorize the Chief Executive Officer to submit all necessary documents to obtain CPUC ar)Droval and incur $25.000 for EBA and S(,RRA to obtain CRIC approval; 3. Authorize Finance Director to issue a check for $219,302 to SCRRA from the Transit Center contingency funds. ATTACHMENTS 1. SCRRA Fee Schedule 2. SCRRA Draft agreement Notes: 1. City is to furnish all material for the construction of the structure. 2. City is to perform all construction for civil works. 3. This is an estimate only; SCRRA invoices will be for the actual costs from project inception less any previously received deposits and paid invoices. 4. Estimate also includes all previously incurred costs from project inception. 5. Flagging estimate assumes that Contractor will complete work within or adjacent to the SCRRA right-of-way within 100 Flagging shifts. 6. Estimate is based on work required on similar projects. The estimate will be revised as additional information is developed through cable location and similar activities. 7. No track relocation is anticipated. 8. No signal work is anticipated. 9. No signal or communication facilities relocation anticipated. 10. Estimate is based on SCRRA involvement not extending beyond one year. O%UA ANTITY UNIT COST TOTALS DESIGN CIVIL 0 LS $ - EA $ - DESIGN SIGNAL 0 LS $ - EA $ - DESIGN SUPPORT -CIVIL 0 LS $ - EA $ - DESIGN SUPPORT -SIGNAL 0 LS $ - EA $ - MATT PROCUREMENT- TRACK 0 LS $ - EA MAT'L PROCUREMENT- STRUCTURES 0 LS $ - EA $ AT11 Mt I 0 L S $ - EA $ - MAINT. SUPPORT-TRK/STRUCT 1 LS $ 15,000.00 EA $ 15,000.00 MAINT. SUPPORT-SIGNAL 1 LS $ 10,000.00 EA $ 10,000.00 CONSTRUCTION -CIVIL 0 LS $ - EA $ - CONSTRUCTION-SIGNAL 0 LS EA $ CONSTRUCTION MGMT 0 LS $ - EA $ - FLAGGING-50 shifts 100 Shifts $ 1,200.00 per Shifi $ 120,000.00 PROJ. MGNT & ADMIN. SUPPORT 260 HR $ 187.00 per HR $ 48,620.00 OTHER PROF. SERVICES 12 LS $ 600.00 EA $ 7,200.00 RR WORK ORDERS 0 LS $ - EA $ - OTHER (PERMITS, FEES, ETC.) 1 LS $ 5,000.00 EA $ 5,000.00 AGENCY 156 HR $ 250.00 per HR $ 39,000.00 SUBTOTAL $ 244,820.00 CONTINGENCY 10% $ 24,482.00 $ 269,302.00 Notes: 1. City is to furnish all material for the construction of the structure. 2. City is to perform all construction for civil works. 3. This is an estimate only; SCRRA invoices will be for the actual costs from project inception less any previously received deposits and paid invoices. 4. Estimate also includes all previously incurred costs from project inception. 5. Flagging estimate assumes that Contractor will complete work within or adjacent to the SCRRA right-of-way within 100 Flagging shifts. 6. Estimate is based on work required on similar projects. The estimate will be revised as additional information is developed through cable location and similar activities. 7. No track relocation is anticipated. 8. No signal work is anticipated. 9. No signal or communication facilities relocation anticipated. 10. Estimate is based on SCRRA involvement not extending beyond one year. City of Baldwin Park Pedestrian Overpass Agreement SCRRA Folder No.: 50000554 SCRRA Project No.: 860784 • q gi !I i 11 10 FM _7A 45V*11" ,iJILM VERING THE NSTRUCTION OF PEDESTRIAN OVERPASS AT THE METROLINK BALDWIN PARK STATION AT SCRRA MP 18.81 - SAN GABRIEL SUBDIVISION DOT NO.: 966 169U CPUC NO.: 10 1 SG- 18.81 AD M BALDWIN PARK LOS ANGELES CITY, CALIFORNIJ City of Baldwin Park Pedestrian Overpass Agreement SCRRA Folder No.: S0000554 Construction and Maintenance Agreement for PEDESTRIAN OVERPAS CPUC No. 101 SG -18.81 Al DOT No.: 966 169U SCRRA MILE POST 18.81 — SAN GABRIEL SUBDIVISION BALDWIN PARK, CALIFORNIA THIS Construction and Maintenance Agreement ( "AGREEMENT ") is made and entered into as of the day of , 201_ ( "EFFECTIVE DATE ") by and between the SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY, ,a joint powers authority existing under the laws of the State of California ,hereinafter referred to as "SCRRA ", to be addressed at One Gateway Plaza, 12th Floor Los Angeles, CA 90017 and the CITY OF BALDWIN PARK, a General Law City and a municipal corporation organized and existing under the laws of the State of California and its Charter, hereinafter referred to as "CITY', to be addressed at CITY OF BALDWIN PARK 14403 E. PACIFIC AVENUE, BALDWIN PARK, CA 91706. Herein, SCRRA and CITY OF BALDWIN PARK may be referred to singly as "PARTY and collectively referred to as the "PARTIES ". I4ilX _ SCRRA is a five -CITY joint powers authority, created pursuant to the California Public Utilities Code Section 130255 and California Government Code Section 6500 et seq., to build, maintain, administer, and operate the "METROLINK" commuter train system on railroad rights -of -way owned by the member agencies and through other shared use and joint operation agreements. The five -CITY member agencies are comprised of the following: Los Angeles CITY Metropolitan Transportation Authority ( "MTA "), Ventura CITY Transportation Commission ( "VCTC "), Orange CITY Transportation Authority ( "OCTA "), San Bernardino Associated Governments ( "SANBAG "), and Riverside CITY Transportation Commission ( "RCTC "). SCRRA controls, administers, operates, and maintains the railroad track, structures, signals, communication City of Baldwin Park Pedestrian Overpass Agreement systems, and appurtenances on the rail line known as the Orange Subdivision in the area traversed by Tustin Ranch Road. SCRRA and the "Operating Railroads" [as used herein "Operating Railroads" means any passenger or freight- related railroad company(s) operating on SCRRA track(s), including the National Railroad Passenger Corporation (AMTRAK), the Burlington Northern Santa Fe (BNSF)] operate trains and rail equipment through this crossing location on right -of -way owned by OCTA, in accordance with Shared Use Agreements dated April 18, 1991, and December 16, 1992, and the Agreement between SCRRA, its Member Agencies, and the National Railroad Passenger Corporation (AMTRAK) otherwise known as the "Intercity Agreement ". The CITY desires to construct a new grade separated pedestrian overpass structure (the "STRUCTURE ") and associated improvements and appurtenances that collectively_ define the "PROJECT ", which is further described as set forth in Exhibit B -1, that will carry pedestrians c Gabriel Subdivision in the City of Baldwin Park, CITY c and in accordance with Exhibit A. The general arrange proposed by the CITY are shown on the location print the SCRRA tracks at Mile Post 18.81, on the San s Angeles, California, as described in Exhibit B -1 . on and location of the STRUCTURE Exhibit B -2. The detailed plan(s) of the STRUCTURE and PROJECT upon acceptance by SCRRA are to be included in this AGREEMENT and are collectively marked as Exhibit B -3. The PROJECT also includes any and all changes to railroad telephone, telegraph, signal and electrical lines and appurtenances, temporary and permanent track work, fencing, grading, alterations to or new construction of drainage facilities, preliminary and final design review, construction engineering, inspection, and There is no existing license or easement Bridge Structure on the SCRRA right -of -way. U the CITY to permit construction of the new Pedestrian this Agreement, the CITY will need to seek a license or easement from MTA to facilitate the construction of the new Structure. The portion of SCRRA's Right -of -Way that the CITY needs to use in connection with the new Structure is described in the license or easement marked as Exhibit C -1 and illustrated on the plat marked as Exhibit -C -2. The license or easement and associated plat collectively define the "Crossing Area." SCRRA and the CITY are entering into this AGREEMENT to cover the PROJECT as described above, and as contained in the Exhibits attached hereto and made a part of this AGREEMENT. City of Baldwin Park Pedestrian Overpass Agreement NOW, THEREFORE, it is mutually agreed by and between the PARTIES hereto as follows: ARTICLE I - LIST OF EXHIBITS The exhibits below are attached to and made a part of this AGREEMENT as if set forth in their entirety: Exhibit A Standard Terms and Conditions Exhibit B -1 Description of Project Exhibit B -2 Railroad Location Print Exhibit B -3 Project Plans Exhibit B -4 Project Specifications Exhibit B -5 Not Used Exhibit B -6 List of Submittals Requiring SCRRA Review Exhibit C -1 License for Crossing Area Exhibit C -2 Plat of License Exhibit D -1 CITY Scope of Work and Estimate Exhibit D -2 SCRRA Scope of Work and Estimate (RAILROAD WORK) Exhibit E -1 SCRRA, Bridge Design Requirements Exhibit E -2 SCRRA Farm 37 Rules and Requirements for Construction on SCRRA Property Exhibit E -3 SCRRA Form 6 - Temporary Right -of -Entry Agreement and Insurance Requirements Exhibit F -I Funding Schedule Exhibit G CPUC Order Authorizing k Construction of the Pedestrian Overcrossing ARTICLE 2 — DISCRIPTION OF PROJECT The project is a pedestrian overcrossing over the tracks and connecting to the City of Baldwin Park Transit Center Parking Structure and the Metrolink Baldwin Park Station Platform. The pedestrian overcrossing is a single span steel framed structure spanning the railroad right of way and includes an elevator on the station platform side of the crossing. The work includes modifications to the existing parking configuration and pedestrian circulation in the station platform parking area. City of Baldwin Park Pedestrian Overpass Agreement 3.1 The CITY, shall, at its sole cost and expense, prepare detailed Plans, Specifications, and Estimates (the "PS&E") for the PROJECT, except Estimate of the RAILROAD WORK to be performed by SCRRA as described in Exhibit D-2 (hereinafter the "RAILROAD WORK"). The CITY shall comply with all SCRRA terms and conditions that are described in Exhibits E-1 through and including E-3, and any other special guidelines that SCRRA may provide to the OTI V for this PROJECT. . 3.2 SCRR_A_, at the sole cost and expense of the CITY, will prepare, or cause to be prepared, the detailed PS&E for the changes, additions, or alterations to existing SCRRA signals and communication facilities required in the connection with the PROJECT to be performed by SCRRA, which is more fully described as the RAILROAD WORK in Exhibit D-2 — SCRRA Scope of Work and Estimate. 3.3 The CITY shall famish and submit copies of the plans and specifications, along with the supporting calculations, to SCRRA and at other approval of SCRRA, insofar as the P = R 3.4 The PS&E shall include all appurtenances, assn bents and/or abutments next to or adjacent to SCRRA' by SCRRA during construction, for the review and , facilities, safety, operation, or interests of drainage, shoring, sheeting, and excavations for and, if applicable, all demolition and removal plans for any,, existing structures. The CITY shall make its submittals sufficiently in advance of the final adoption of any element in the design to permit SCRRA a reasonable period for review, and to communicate any recommendations or to make any requests for revisions in the PS&E where the interests of SCRRA are affected by the PROJECT. 3.5 The CITY shall coordinate its designs with SCRRA designs for the RAILROAD WORK, utilities, and any other third parties affected by the PROJECT. The CITY shall revise its PS&Eas necessary, or upon notice by SCRRA, to provide adequate clearances, provide access for future maintenance, provide for the proper location and functioning of signal and communication systems, and provide for additional tracks to permit the future expansion of SCRRA service. 3.6 If the CITY elects to combine the design and construction into a single design-build contract, the CITY shall not assign any right, duty, or obligation of the CITY under this AGREEMENT to the design-build entity City of Baldwin Park Pedestrian Overpass Agreement without the prior written approval of SCRRA, provided that such approval shall not be unreasonably withheld or delayed by SCRRA. 3.7 SCRRA will review the PS &E for general conformance with SCRRA standards and requirements. SCRRA will give CITY final written approval of the plans and specifications substantially in the form of Exhibit B -5. Upon the final written approval of the plans and specifications by SCRRA, said plans and specifications will become part of this AGREEMENT by refercnce. No changes in the final and approved PS &E may be made unless SCRRA has consented to the proposed changes in writing. 3.8 Approval by SCRRA shall mean only that the PS &E meet the standards of SCRRA, and such approval by SCRRA shall not be deemed to mean that the PS &E or construction is structurally sound and appropriate or that the PS &E meet applicable regulations, laws, statutes, local ordinances, building codes, or any combination thereof. 39 Upon completion of the PROJECT, the CITY, at its sole cost and expense, shall furnish one full -size and one half -size sets of plans depicting the as- constructed condition of the PROJECT and appurtenances. In addition, the CITY shall furnish one copy of the Specification and one copy of the structural calculations of any railroad owned or maintained structures., The CITY shall furnish the drawings for SCRRA owned or maintained facilities and structures electronically in an editable Microstation or AutoCAD file format. In addition to the printed copies required above, the Disc (DVD) containing all of the construction and - - a7 11111a11u111 ►1 Ily shall furnish a compact disc (CD) or a Digital Versatile documents in portable document format (PDF). 4.1 The CITY at its sole cost and expense, shall comply and ensure that its employee(s), consultant(s), and contractor(s) comply, at all times when on the rail right -of -way, with the rules and regulations, as contained in the current editions of the following documents, which are otherwise known as "REFERENCES ", as incorporated in this document as if they were set full in this paragraph, and incorporated in this AGREEMENT by reference. These documents are described and can be accessed through SCRRA's website www.metrolinktrains.com, as the following: • Temporary Right -of -Entry agreement, SCRRA Form No. 6 • Rules and Requirements for Construction on Railway Property, SCRRA Form No. 37 City of Baldwin Park Pedestrian Overpass Agreement • General Safety Regulations for Third Party Construction and Maintenance Activity on SCRRA Member Agency Property • Applicable SCRRA Engineering Standards 4.2 The CITY and all employee(s), consultant(s), and contractor(s) employed by the CITY shall ensure compliance to the terms and conditions of the AGREEMENT for work specified in this Article. SCRRA requires all CITY employee(s), consultant(s) and contractor(s) working on the PROJECT to attend the SCRRA Safety Training yr Roadway Worker Protection ( "RWP "), as a mandatory prerequisite to enter the railroad right -of -way and comply with the SCRRA Safety Rules while on railroad property. 4.3 SCRRA representatives may make inspections and conduct tests to judge the effectiveness of the safety training, and compliance with SCRRA requirements, in accordance with SCRRA's Efficiency Testing Program, in compliance with 49 CFR 214 — Railroad W Rules. The employee(s), consultant(s), and representatives at all times. Disregard for, or failure to Safety Regulations and SCRRA Third Party Work shall cooperate with SCRRA, Federal, and State Railroad Workplace Safety regulations, or SCRRA third -party the requirements of 49 CFR 214 — may result in the removal of an offending individual(s) from the SCRRA Right -of -Way. Egregious or repeated disregard for any safety rule or requirement may result in the termination of the Right -of -Entry Agreement. ARTICLE 5 — WORK AND ESTIMATE BY CITY 5.1 The work to be performed by the CITY is described in Exhibit D -1 — CITY Scope of Work and Estimate, dated April 5, 2011, (hereinafter referred to as "CITY WORK ") in the amount of and is marked as Exhibit D -1. 5.2 CITY shall also make any and all arrangements for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions, or public utilities other than SCRRA which may be necessary for the construction of the PROJECT. 5.3 The CITY shall be responsible for the removal of any and all contaminated or hazardous material within the limits of the PROJECT and the CROSSING AREA in accordance with applicable law or regulation. I_�:71� [711 x��'[i :.� _ ► l � ►� : :. 6.1 The RAILROAD WORK to be performed by SCRRA, at the CITY 's sole cost and expense, is described City of Baldwin Park Pedestrian Overpass Agreement in Exhibit D -2 — SCRRA Scope of Work and Estimate, dated July 31, 2012, SCRRA's estimated cost for SCRRA's RAILROAD WORK associated with the PROJECT is $269,302 (Two Hundred Sixty Nine Thousand Three Hundred Two Dollars). 6.2 Completion of any designs necessary for the RAILROAD WORK portion of the PROJECT, and the acceptance of the estimate in Exhibit D -2, and the deposit of any funds due to SCRRA, are conditions precedent to issuing the Notice to Proceed with +� RAILROAD WORK. a1�. wil llle RAILROAD d 7.1 CITY shall furnish, or cause to be furnished, all labor, materials, tools equipment, and superintendence for the performance of the C1 T Y WORK for which the CiT Y is responsible. The CITY shall also provide a I1a11��t 4 �lrrle resident engineer witu experience 111 railroad giaue separation projects on he site of t e work during construction. The resident engineer must be an engineer licensed in the State of California, and must have the authority to provide direction to the contractor or ,contractors employed by the CITY, and to commit the agency within a reasonable scope of authority. or engineer to make periodic reviews of the 7.2 CITY must supervise and inspect the compliance with the x safety requirements of performed by CITY pf construction within or to the SCRRA right -ol reasonable satisfaction and specifications and expense of the CITY, may retain an inspector sts of SCRRA are affected. all contractors employed by the CITY to assure SCRRA, the terms of this AGREEMENT and all If SCRRA determines that proper supervision and inspection is not being my time during construction of the PROJECT, SCRRA has the right to stop acent to its ay, will not SCRRA. If ting right -of -way. Construction of the PROJECT, within or adjacent until CITY corrects the objectionable condition or activity to the believes that the condition or activity is not being corrected in an expeditious manner, SCRRA will immediately notify CITY, and CITY agrees to institute appropriate corrective action. 7.3 The CITY shall incorporate the requirements of Exhibit E -1 and Exhibit E -3 inclusive into each prime contract for construction of the PROJECT. The CITY shall exercise its authority as a party to any contract for construction into which it enters, to ensure that its contractor conforms with the requirements listed in Exhibit E -2 and Exhibit E -3 inclusive, and to avoid delay or damage to SCRRA operations, right -of -way, property, or other facilities, or the operations, property or facilities of others occupying or using SCRRA right -of -way. All work done by the CITY, or its Contractor(s), on the right -of -way of SCRRA shall be done in a manner City of Baldwin Park Pedestrian Overpass Agreement satisfactory to SCRRA. 7.4 The CITY shall assume all liability for the costs for any delay to rail operations that result from the construction operations, failure to return track at the end of a work window, failure of excavation support, falsework, or other temporary work, and damage or disruption of utilities. The CITY shall also require its Contractor(s) to furnish a lateral support bond in an amount of $ 2,000,000 (two million dollars) for any system of excavation support within the influence zone of the SCP.RA operating tracks. 7.5 SCRRA and CITY shall establish mutually agreeable work windows for the PROJECT. To facilitate scheduling for the PROJECT, CITY shall require its contractor or contractors to give SCRIRA's representative seventy -five days (75) days advance notice of the proposed times and dates for any absolute work windows to which SCRRA has agreed. Should, due to train AGREEMENT, it become impracticable to provide the the work window at the next reasonable available obligations or other reasons provided in this dates established, SCRRA will provide shall not be responsible for any additional costs and expenses resulting from a change in work windows. 7.6 The CITY shall furnish copies of the contractor - furnished submittals listed in Exhibit B -6 to SCRRA for review and approval prior to proceeding with the work covered by the Submittal. Upon approval of the CITY, the contractor(s) may make the submittals directly to SCRRA at the address provided in this AGREEMENT. SCRRA shall be allowed twenty (20) working stays to complete its review of any submittals. 7.7 CITY must advise the appropriate SCRRA Assistant Director — Public .Projects, in writing, of the completion date of the PROJECT within thirty (30) days after such completion date. Additionally, CITY must notify SCRRA's Assistant Director — Public Projects, in writing, of the date on which CITY and its contractor(s) will meet with SCRRA for the purpose of making final acceptance of the PROJECT. 10.1 The sources of funding for the PROJECT include Local funds and funds from, insert funding source attached City of Baldwin Park Pedestrian Overpass Agreement hereto as Exhibit F -2. The CITY and SCRRA each agree to conform to all contracts, expenses and invoicing for this PROJECT to meet the requirements of the funding contracts and agreements attached to this AGREEMENT as Exhibit F -l. SCRRA acknowledges that certain funding is contingent upon execution of this AGREEMENT. The CITY shall furnish SCRRA copies of any funding contracts or agreements into which the CITY enters after the date of this AGREEMENT. 10.2 if the CITY will be receiving any federal funding for the PROJECT, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart 1 and 23 CFR 646, Subparts A and B are incorporated into this AGREEMENT by reference, and construction work by the CITY and contractor(s) shall be performed, and any reimbursement to SCRRA for work it performs, shall be made in accordance with the Federal Aid Policy Guide. If crossing as part of the PROJECT as provided in no corresponding closure of an existing grade 646.210(b)(2), the PROJECT is of no ascertainable benefit to SCRRA and SCRRA shall not be obligated to pay; or 10.3 Notwithstanding any provision of 23 CFR 210, or funding cot assume, in accordance with 23 CFR 210 (d), all responsibility for a SCRRA might otherwise be responsible. SCRRA shall not, in any revenue or that of its member agencies to the PROJECT. to any PROJECT costs. or agreement, the CITY agrees to and all share of the cost for which be required to commit its own 11.1 Upon the execution of this AGREEMENT, the CITY shall deposit one hundred percent (100 %) of the amount of the estimate contained in Exhibit D -2 — SCRRA Scope of Work and Estimate with SCRRA. If at any time, the actual cost, including the estimated allocated overhead, exceeds eighty percent (80 %) of the amount deposited by the CITY, SCRRA shall, at its sole discretion, revise its estimates of the amount of RAILROAD WORK remaining, and the CITY shall deposit any additional amounts in excess of the original deposit with SCRRA. 11.2 SCRRA will submit quarterly quarterly statements of costs incurred by SCRRA for review by the CITY. The CITY shall review the statement for conformance with the applicable provisions of 48 CFR 31 or the requirements of the funding agreements contained in Exhibit F -1 within Seven (7) business days and provide SCRRA with written approval, comments and /or objections in writing. City of Baldwin Park Pedestrian Overpass Agreement 11.3 Until SCRRA receives formal approval of its overhead rates, an estimated allocated overhead rate will be provided for cost estimation and budgeting purposes. SCRRA may not invoice for these overhead costs until the Federal Transit Administration, SCRRA's cognizant audit Agency, has approved the final rate at the completion of its audit. The overhead approval process will cause SCRRA to delay in submitting its invoices for overhead costs. Upon completion of the PROJECT, and after the SCRRA overhead rate for each period covering the construction of the PROJECT is approved by the cognizant audit Agency, SCRRA will send the CITY a detailed statement of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit D -2. 11.4 SCRRA, if it so elects, may recalculate and update the Estimate submitted to the CITY in the event the CITY does not commence construction on the portion of the PROJECT located on the right-of-way of SCRRA within six (6) months from the date of the Estimate. 11.5 CITY acknowledges that the Estimate flagging or other protective service costs provi in connection with the PROJECT. The cost of SCRRA are to be paid by the CITY or the as contained in Exhibit D -2 does include an estimate of the ed by SCRRA that are to be paid by CITY or the Contractor(s) determined that the Contractor(s) will pay SCRRA Contractor(s) to deposit with SCRRA an amount suffi protective or support services. CITY will pay SCRRA Contractor(s) within thirty 11.6 CITY accommodations to Notwithstanding the of the Contractor's other protective and support services incurred by by SCRRA and CITY. If it is , CITY agrees that it will require the to cover the estimated cost of flagging and other flagging costs that have not been paid by any of billing. that by entering into this AGREEMENT, SCRRA will provide services and the public interest in the PROJECT without profit or other economic benefit. of any estimate provided by SCRRA, the CITY agrees to reimburse SCRRA for one hundred percent (100 %) of all actual costs incurred by SCRRA in connection with the PROJECT including, but not limited to, actual costs of engineering review, construction inspection, procurement of materials, equipment rental, manpower and deliveries to the job site and all of the normal and customary additives applicable to SCRRA (which shall include direct and indirect overhead costs) associated therewith. 12.1 In consideration of the faithful performance of CITY's covenants under this AGREEMENT, SCRRA grants City of Baldwin Park Pedestrian Overpass Agreement to CITY, its successors and assigns, a non - exclusive right -of -entry to construct the STRUCTURE across the CROSSING AREA as described further in Exhibit C -1 and Exhibit C -2, subject to the terms and conditions set forth in this AGREEMENT, and subject to the provisions for flagging and protective services. Excepting also, and reserving SCRRA's rights, and the rights of any others who have obtained, or may obtain, permission or authority from SCRRA, to do the following: a) Operate, maintain, renew, reconstruct, relocate any and all existing railroad track(s), wires, pipelines and other facilities of like character upon, over or under the surface of the right -of -way; b) Construct, operate, maintain, renew and/or relocate upon said right -of -way, without limitation, such facilities as SCRRA may from time to time deem appropriate, provided such facilities do not materially interfere with the CITY's use ofthe STRUCTURE; c) Otherwise use, enter upon, and operate appropriate, provided such use or operations STRUCTURE. -way as SCRRA may from time to time deem interfere with the CITY's use of the 12.2 The right -of -entry given by SCRRA to CITY in this provision does not convey any rights in property and are without warranty of title of any kind, express or implied, and no covenant of warranty of title will be implied from the use of any word or words contained in this AGREEMENT. The right -of -entry is for construction and maintenance of the STRUCTURE and its CITY shall obtain any necessary permanent location and use of the ARTICLE 13 - only and shall not be used by CITY for any other purpose. on, over, or under the real property necessary to permit the PROJECT. INSURANCE 13.1 Entry onto the SCRRA right -of -way by the CITY or its contractor(s) shall at all times be subject to the current, at time of entry, requirements for entering the SCRRA right -of -way and the SCRRA procedures and requirements for securing railway flagging or other protective services. 13.2 The CITY shall require that each of its Contractors comply with the requirements set forth in Exhibit E -2 through and including Exhibits E -3, to this AGREEMENT. 13.3 If the CITY retains a Contractor(s) to perform any work involving the PROJECT (including initial construction and any subsequent relocation or maintenance and repair work), the CITY shall require the City of Baldwin Park Pedestrian Overpass Agreement Contractor(s) to: a) Execute SCRRA "Form 6 — Right -of -Entry Agreement" or similar fonn of agreement as adopted by SCRRA at the time that any future work is performed without modification. A copy of Form 6 as currently adopted by SCRRA is included with AGREEMENT as Exhibit E-3. b) Furnish and provide the bonds, insurance policies, certificates, binders, endorsements or 11 combinations thereof In, accordance with the insurance requirements accompanying SCRRA "Form 6 — Right —of-Entry Agreement" and as described in Exhibit E-3 13.4 The CITY shall not allow any contractor(s) to commence any work in the CROSSING AREA or on any other portion of the SCRRA right-of-way until the contractor(s) have provided the required insurance and the right-of-entry is approved and signed by SCRRA. 13.5 13.6 employ 13.7 endorsements shall be sent to: coverage for work performed by the �f a contractor or the CITY be allowed on the SCRRA right-of-way without providing the insurance required by this article and arranging for flagging or other protective services. ARTICLE 14 - MAINTENANCE OF COMPLETED STRUCTURE 14.1 CITY will own and maintain, at its sole cost and expense, the pedestrian overpass and elevator stair tower, at the Metrolink Baldwin Park Station. City of Baldwin Park Pedestrian Overpass Agreement 14.2 If the CITY elects to paint the bridge superstructure as part of the PROJECT, CITY shall keep the bridge girders and superstructure painted as part of its maintenance obligations. 14.3 CITY must apply and maintain vertical clearance signs which consistently and accurately describe the minimum actual vertical clearance from the bottom of the STRUCTURE to the top of any pavement. 14.4 CITY shall keep the underside of the STRUCTURE, those portions of the structure visi'oie from the roadway, and surrounding areas reasonably clean and free from birds, pigeons, scavengers, vermin, creatures, and other animals. CITY shall keep the underside and all portions of the PROJECT free of graffiti. 14.5 CITY shall trim, mow, prune, remove, or otherwise control all vegetation within CITY right -of -way, including that which may encroach within the SCRRA right -of -way. ARTICLE 15 — EFFECTIVE DATE; TERM AND TERMINATION. 15.1 This AGREEMENT shall become force and effect for as long as the STRUCTURE 15.2 In the event the CITY does not commence SCRRA CROSSING AREA within eighteen (18) SCRRA may notice to the 15.3 SCRRA may because of the lack of this A date signed by SCRRA, and shall continue in full CROSSING AREA. on the portion of the PROJECT located on the the EFFECTIVE DATE of the AGREEMENT, ve upon delivery of thirty (30) days written its performance, under this AGREEMENT, if it becomes impracticable to proceed on the distribution of funds. 15.4 If the AGREEMENT is terminated or suspended as provided above, or for any other reason, the CITY shall pay to SCRRA all actual costs incurred by SCRRA or its contractor(s) in connection with the PROJECT up to the date of termination or suspension, including, without limitation, all actual costs incurred by SCRRA in connection with reviewing any preliminary or final PROJECT PS &E, including allocated overhead. City of Baldwin Park Pedestrian Overpass Agreement 16.1 Neither the CITY nor any Contractor(s) retained by the CITY may commence any work within the CROSSING AREA or on any other SCRRA property until: a) SCRRA and CITY have executed this AGREEMENT. b) SCRRA has provided to the CITY, SCRRA's written approval of the PS &E. c) Each Contractor(s) has executed SCRRA "Form No. 6 - Temporary Right -of -Entry Agreement" and has obtained and provided to SCRRA the insurance policies, certificates, binders, e Agreemen d) All re( been depo ARTICLE 17 - INDEM 17.1 Neither SCRRA, officers, agents, volunteer reason of any acts or omis WORK, authority or obli and hold harmless SCRR members, member agencie in the "Form 6 — Right -of- Entry tpport and protective services have board members, member agencies, my damage or liability occurring by i any aspect of the PROJECT, CITY NT. CITY shall indemnify, defend A,, as well as their respective board >yees ( "SCRRA Indemnitees") from any and all liability, loss, expense (including reasonable attorneys' fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or asserted against the SCRRA Indemnitees arising out of or connected with any negligent acts or omissions on the part of CITY, its council, officers, agents, contractors, or employees under or in connection with any aspect of the PROJECT, CITY WORK, authority or obligation agreed to by the CITY under this AGREEMENT. This indemnity shall survive completion of the PROJECT, CITY WORK, RAILROAD WORK and termination of this AGREEMENT. 17.2 Neither CITY, nor its council, officers, agents, contractors, or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SCRRA under or in connection City of Baldwin Park Pedestrian Overpass Agreement with any RAILROAD WORK, work, authority or obligation agreed to by SCRRA under this AGREEMENT. SCRRA shall indemnify, defend and hold harmless CITY, as well as their respective council, officers, agents, contractors, and employees ( "CITY Indemnitees ") from any and all liability, loss, expense (including reasonable attorneys' fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or asserted against the CITY Indemnitees arising out of or connected with any negligent acts or omissions on the part of SCRIM A, its board members, officers, agents, volunteers, contractors or employees under or in connection with any aspect of the RAILROAD WORK, work, authority or obligation agreed to by SCRRA under this AGREEMENT. This indemnity shall survive completion of the PROJECT, CITY WORK, RAILROAD WORK and termination of this AGREEMENT. 17.3 Ire contemplation of the provisions of GOveriiraient Code 8895.2 imposing Ceram tort liabilrtyjointly Upon Mavis. mn+ . .. 1 lF, �, ....n,, „±L. ,� �t<., L.. .... a_ Tl A TfT T' -_ _ _ ry s. pubic entl t�es solely y reason of s —%1h entities being PARTIES o an agreement, as aelined in Government Code §895, each of the PARTIES hereto, pursuant to the authorization contained in Government Code §895.4 and §895.6, will assume the full liability imposed upon_ it or any of its officers, agents or employees by law for injury caused by any negligent or wrongful act or same extent that such liability would be each other agrees to indemnify and hold harmless ing in the performance of this AGREEMENT to the §895.2 of such code. To achieve this purpose, st or expense that may be imposed upon each other solely by virtue of said §895.2. The provisions of Civil Code §2778 are made a part hereof as if incorporated herein. ARTICLE 18 - GENERAL PROVISIONS 18.1 This AGREEMENT shall continue in force and effect unless otherwise provided herein, until mutual termination by the PARTIES or the elimination or removal of the grade separation (overpass), whichever occurs first. The covenants and provisions of this AGREEMENT shall be binding upon and inure to the benefit of the successors and assigns of CITY and SCRRA. 18.2 This AGREEMENT may be modified or amended only in writing. All modifications, amendments, changes and revisions of this AGREEMENT, in whole or part and from time to time, shall be binding upon the PARTIES, so long as the same shall be in writing and executed by CITY and SCRRA. 18.3 This AGREEMENT and the exhibits attached hereto contain the entire understanding between the PARTIES and supersede any prior written or oral understanding and agreement between them regarding the subject matter of this AGREEMENT. There are no representations, agreements, arrangements or City of Baldwin Park Pedestrian Overpass Agreement understandings, oral or written, between the PARTIES relating to the subject matter of this AGREEMENT, which are not fully expressed herein. 18.4 The PARTIES to the AGREEMENT shall maintain all records associated with the PROJECT for the period of three (3) years from the date of the final invoice in accordance with 23 CFR 645. If funding is provided by State and FHWA, under Section 130, the books pertaining to the work shall be open to inspection and audit by representatives of the State and FHWA for three years after FHWA payment of final invoice. Furthermore, each party shall make all records available for audit by SCRRA, or CITY, or State, or Federal auditors, or all or any combination. All audits are to be performed in accordance with audit CFR, Chapter 1, Part 31. 18.5 in addition to the specific provisions of this AGREEMENT~, the hereunder shall not be a default where delays or defaults are due to war; and standards as set forth in 48 performance by any party Lion;, strikes; lock -outs; riots; floods; earthquakes; weather; fires; casualties; accidents; emergencies; acts of God; acts of quarantine restrictions; freight embargoes; inspections and maintenance; and/or any transportation; unusually severe enemy; epidemics; - mandated the control or without the fault of the party claiming an extension of time for any such cause. An extension of time '. for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of commencement of the cause. If, however, notice by the party claiming such extension is sent to the other party more than thirty (30) days after the commencement of the cause, the period shall commence to run only 30 days prior to the giving of such notice. 18.6 The execution and delivery of this AGREEMENT by each party and the consummation of the transactions contemplated hereby are within the power of each party and have been duly authorized by all necessary actions of each respective party. 18.7 In the event any part of this AGREEMENT is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such part shall be deemed severed from the remainder of the AGREEMENT and the balance of the AGREEMENT shall remain in effect. 18.8 This AGREEMENT shall be construed and interpreted under the laws of the State of California. 18.9 The article and section headings in this AGREEMENT are for convenience only and shall not be used in its interpretation or considered part of this AGREEMENT. 18.10 Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed to have been City of Baldwin Park Pedestrian Overpass Agreement given when in the ordinary course it would be delivered. The representatives of the PARTIES who are primarily responsible for the administration of this AGREEMENT, and to whom notices, demands and communications shall be given, are as follows: To CITY OF BALDWIN PARK: Vijay Singhal Chief Executive Officer 14403 E. Pacific Avenue Baldwin Park, CA 91706 ToSCRRA: Ms. Patricia Watkins Assistant Director — Public Projects Southern California Regional Rail Authority 279 East Arrow Hwy, Suite A San Dimas, California 91773 City of Baldwin Park Pedestrian Overpass Agreement IN WITNESS WHEREOF, the PARTIES have caused this AGREEMENT to be duly executed in by their duly qualified and authorized officials. SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY By: Dennis Marzec Chief Operating Officer "Acting Chief Executive Officer" Date: APPROVED A By: Don O. Del Rio General Counsi "Acting Chief I Date: By: Vijay Singhal Chief Executive Officer City of Baldwin Park Pedestrian Overpass Agreement i MGM i - . item e i City of Baldwin Park Pedestrian Overpass Agreement EXHIBIT A To Construction and Maintenance Agreement TERMS AND CONDITIONS SECTION 1 - CONDITIONS AND COVENANTS a) SCRRA makes no covenant or warranty of title for quiet possession or against encumbrances. The CITY shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the CITY shall not use or permit use of the Crossing Area for other railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on SCRRA's right -of -way by or under authority of the CITY for the purpose of conveying electric power or communications incidental to the CITY's use of the right -of -way for highway purposes shall be constructed in accordance with specifications and requirements of SCRRA, and in such manner as not adversely to affect communication or signal lines of SCRRA or its licensees now or hereafter located upon said right -of -way. No non -party shall be admitted by the CITY to use or occupy any part of SCRRA's right -of -way without SCRRA's written consent. Nothing herein shall obligate SCRRA to give such consent. b) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and also to any renewals thereof. The CITY shall not damage, destroy or interfere with the right -of -way or rights of nonparties in, upon or relating to the SCRRA right -of -way, unless the C) SCRRA and its member own expense settles with and obtains releases from such nonparties. reserve not inconsistent with the right hereby granted, including, repair, alter, renew and replace tracks, facilities and apI kinds of equipment. SCRRA further reserves the right to the right -of -way, provided that such attachments shall co Area. ;ht to use and to grant to others the right to use the Crossing Area for any purpose but not by way of limitation, the right to construct, reconstruct, maintain, operate, irtenances on the right -of -way; also the right to cross the Crossing Area with all attach signal, communication or power lines to any highway facilities located upon nply with CITY's specifications and will not interfere with the use of the Crossing d) SCRRA reserves the right to cross the Crossing Area with such SCRRA tracks as may be required for its convenience or purposes in such manner as not to unreasonably to interfere with its use as a public highway. In the event SCRRA shall place tracks upon the Crossing Area, the CITY shall, at its sole cost and expense, modify the highway to conform with the rail line. e) So far as it lawfully may do so, the CITY will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the right -of- way as a component part of SCRRA's operating right -of -way. I) If any property or rights other than the right granted by this Agreement and the attached easements or licenses are necessary for the construction, maintenance and use of the Structure and its appurtenances, or for the performance of any work in connection with the Project, the CITY will acquire all such other property and rights at its own expense and without expense to SCRRA. SECTION 2 - CONSTRUCTION OF PROJECT City of Baldwin Park Pedestrian Overpass Agreement a) All work contemplated in this Agreement must be performed in a good and workmanlike manner and each portion must be promptly commenced by the parry obligated by this Agreement to perform the work. All work must be diligently prosecuted to conclusion in its logical order and sequence. All changes or modifications proposed during construction which affect SCRRA or the interests of SCRRA will be subject to SCRRA's approval prior to the commencement of work on all such changes or modifications. b) Except as may be otherwise specifically provided herein, the CITY, at its expense, shall furnish all necessary labor, material tools, equipment, and superintendence, and shall construct and complete the Structure and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between the Structure and the SCRRA tracks. Upon completion of the Project, the CITY shall remove from SCRRA's right -of -way all temporary structures and false work, and will leave the Crossing Area and adjacent right -of -way in a condition satisfactory to SCRRA. C) The CITY, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish SCRRA upon request with satisfactory evidence that such authority has been obtained. The CITY shall act as the lead City on all planning, zoning, environmental approval and permitting activities required by State or Federal law and shall obtain and pay for all other permits and licenses required by law or regulation for the Project. d) All construction work of the CITY upon appurtenances and all related and incidental work) shall be per Construction of SCRRA or his authorized representative and ii Requirements set forth in Exhibit B-5, B-6, D -2, E -1, E -2, e) CITY shall require its Contractor(s) to reasonably adhere to be allowed in the schedule for SCRRA to perform the Railroad Work for construction schedule, provide for the immed not be liable for any at reallocation of labor ft reallocation will not cc the right to reallocate the labor (including, but not limited to, construction of the Structure and all completed in a manner satisfactory to the Director of Engineering and with the Plans, Specifications and Estimates, SCRRA's Minimum or standards furnished by SCRRA. for all Project work. Reasonable time must it is responsible. However, regardless of the requirements of the ;signed to complete the railroad work in the event of an emergency to gyration of railroad operations or to protect persons of property on or near any SCRRA owned property. SCRRA will costs or expenses resulting from any such reallocation of its labor forces. The parties mutually agree that any SCRRA pursuant to this provision and any direct or indirect consequences or costs resulting from any such of this Agreement by SCRRA. I) All construction work of the CITY shall be performed diligently and completed within a reasonable time, and in any event within three (3) years from the effective date of this Agreement, or within such further period of time as may be specified in writing by SCRRA's Director of Engineering and Construction. No part of the Project shall be suspended, discontinued or unduly delayed without SCRRA's written consent and subject to such reasonable conditions as SCRRA may specify. It is understood that SCRRA's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the CITY. The CITY hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against SCRRA. a) SCRRA will have the right to stop construction work on the Project if any of the following events take place: i) CITY(or any of its Contractor(s)) performs the Project work in a manner contrary to the plans and specifications approved by SCRRA; City of Baldwin Park Pedestrian Overpass Agreement ii) CITY(or any of its Contractor(s)), in SCRRA's opinion, prosecutes the Project work in a manner which is hazardous to SCRRA property, facilities or the safe and expeditious movement of railroad traffic; iii) the insurance required by the Agreement is canceled during the course of the Projector does not meet the minimum requirements specified herein; or iv) CITY fails to pay any non - disputed costs incurred by SCRRA as provided in the Agreement. h) The work stoppage may continue until all necessary actions are taken by CITY or its Contractor(s) to rectify the conditions to the satisfaction of SCRRA's Director of Engineering and Construction or until additional insurance has been delivered to and accepted by SCRRA or the obligations are brought current. SECTION 3 - INJURY AND DAMAGE TO PROPERTY If the CITY, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the CITY is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of SCRRA or of any other person lawfully occupying or using the right -of -way of SCRRA, such property shall be replaced or repaired by the CITY at the CITY's own expense, or by SCRRA at the expense of the CITY, and to the satisfaction of SCRRA's Director of Engineering and Construction. SECTION 4 - a) Payment for work by SCRRA shall be in accordance with Article 11- Payment for SCRRA Work as set forth in the Construction and Maintenance Agreement; AGREEM SECTION 5 - SECTION 6 - It is understood and recognized that safety and continuity of SCRRA's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents and/or incidents may be prevented and avoided, it is agreed with respect to all of said work of the CITY that the work will be performed in a safe manner and in conformity with the following standards: a) CITY and Contractor. All references in this Agreement to the CITY shall also include the Contractor(s), its subcontractors of any tier, and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the CITY shall include work both within and outside of SCRRA's right -of -way. b) Compliance With Laws. The CITY shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The CITY shall use only such methods as are consistent with safety, both as concerns the CITY, the CITY's agents and employees, the officers, agents, employees and property of SCRRA and the public in general. The CITY(without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts, labor laws, laws governing trade, travel and use of material, and similar laws or regulations. All Federal Railroad Administration regulations shall be followed when work is performed on SCRRA's premises. If any failure by the CITY to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against SCRRA, the CITY shall reimburse and indemnify SCRRA for any City of Baldwin Park Pedestrian Overpass Agreement such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The CITY further agrees in the event of any such action, upon notice thereof being provided by SCRRA, to defend such action free of cost, charge, or expense to SCRRA. C) No Interference or Delays. The CITY shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of SCRRA's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using SCRRA's right -of -way or facilities. d) Supervision. The CITY, at its own expense, shall adequately superintendent and inspect all work to be performed by the CITY, and shall not inflict injury to persons or damage to property for the safety of whom or of which SCRRA may be responsible, or to property of SCRRA. The responsibility of the CITY for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by SCRRA's approval of plans and specifications, or by SCRRA's collaboration in performance of any work, or by the presence at the work site of SCRRA's representatives, or by compliance by the CITY with any requests or recommendations made by such representatives. If a representative of SCRRA is assigned to the recommendations made by such representative for the sa qty and prote e) Suspension of Work. If at any time the CITY's respective representatives shall be of the opinion that any work of the CITN and precaution for safety and security, the CITY shall immediately suspend are adopted and provided. f) Removal of Debris. The CITY upon any right -of -way or facilities of SCI the CITY at the CITY's own expense of b drained or pumped onto SCRRA's right- Director of Engineering and Construction. g) Explosives. The CITY shall not of the SCRRA Director of Engineering and the CITY will give due consideration to suggestions and SCR�i A IS property r1 .1. -u i%ay grid operations. Director of Engineering and Construction of SCRRA or their tbout to be done or prosecuted without due regard suitable, adequate and proper protective measures cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall any such material and debris shall be promptly removed from SCRRA's right -of -way by at the expense of the CITY. The CITY shall not cause, suffer or permit any water to be firing any dewatering from the Crossing Area without the prior permission of SCRRA s on or in the vicinity of SCRRA's right -of -way without the prior consent h will not be given if, in the sole discretion of SCRRA's Director of Engineering and Construction, such discharge would be dangerous or would interfere with SCRRA's right -of -way, property or facilities. For the purposes hereof, the "vicinity of SCRRA's right -of -way" shall be deemed to be any place on SCRRA's right -of -way or in such close proximity to SCRRA's right -of -way that the discharge of explosives could cause injury to SCRRA's employees or other persons, or cause damage to or interference with the facilities or operations on SCRRA's right -of -way. SCRRA reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as SCRRA, in SCRRA's sole discretion, may deem to be necessary, desirable or appropriate. h) Excavation. The CITY shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of SCRRA. The CITY shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect SCRRA's tracks or facilities. The CITY, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the CITY in connection with construction, maintenance or other work. Systems for the support of any excavation must conform to the requirements of SCRRA Excavation Support Guidelines. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by SCRRA's Director of Engineering and Construction to withstand all stresses likely to be encountered, including any City of Baldwin Park Pedestrian Overpass Agreement stresses resulting from railroad surcharges or vibrations caused by SCRRA's operations in the vicinity. i) Falsework No falsework may be erected over the track or on SCRRA right -of -way except as approved by SCRRA. All falsework must conform to the requirements of the Caltrans Falsework Manual for traffic openings and any additional provisions provided by SCRRA: j) Drainage. The CITY, at the CITY's own expense, shall provide and maintain suitable facilities for draining the Structure and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon right -of -way of SCRRA. The CITY, at the CITY's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from SCRRA's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the CITY, be impeded, obstructed, diverted or caused to back up, overflow or damage the right -of -way or property of SCRRA or any part thereof, or the property of others. The CITY shall not obstruct or interfere with existing ditches or drainage facilities. k) Fiber Optic Cables. Fiber optic and other cable systems may be buried on SCRRA's right -of -way. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting; business interruption and loss ofrevenue and profits. The CITY and its consultants and contractors shall telephone the Underground Service Alert of Southern California toll -free at (800) 227 -2600 a minimum of 2 workings days before performing any excavation. 1) SCRRA Sil4nal and Communication Facilitie The CITY, and its consultants and contractors, shall call communication cables or conduits or both a minimum of may proceed until you have been provided with an SCRRA di signal emergencies or grade crossing problems, the contractor SECTION 7 - INTERIM WARNING DEVICES is not a member of Underground Service Alert of Southern California. nal Department at (909) 859 -4100 to request marking of signal and for to performing any excavation on SCRRA right -of -way. No work >er in addition to that provided by Underground Service Alert. In case of signal emergency number at (888) 446 -9721. a) If at any time it is determined by the CPUC or FRA, by the CITY, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the CITY shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the construction or reconstruction of the Structure has been completed. SECTION 8 - All protective and indemnifying provisions of this Agreement shall inure to the benefit of SCRRA and any other Operating Railroad company lawfully using SCRRA's right -of -way or facilities. On any certificate of insurance furnished pursuant to this Agreement, SCRRA must be named as the Certificate holder or the insured. The following must be named as an additional insured: Los Angeles CITY Metropolitan Trans. Authority (MTA) Orange CITY Transportation Authority (OCTA) Riverside CITY Transportation Commission (RCTC) San Bernardino Associated Government (SANBAG) Ventura CITY Transportation Commission (VCTC) Union Pacific Railroad Company (UPRR) Burlington Northern Santa Fe Corp. (BNSF) City of Baldwin Park Pedestrian Overpass Agreement National Railroad Passenger Corporation (Amtrak) a) If the CITY shall fail, refuse or neglect to perform and abide by the terms of this Agreement, SCRRA, in addition to any other rights and remedies, may perform any work which in the judgment of SCRRA is necessary to place the Structure and appurtenances in such condition as will not menace, endanger or interfere with SCRRA's facilities or operations or jeopardize SCRRA's employees; and the CITY will reimburse SCRRA for the expenses thereof. b) The CITY will surrender peaceable possession of the Crossing Area Termination_ of this Agreement shall not affect any rights, obligations or liabilities arisen prior to termination. END EXHIBIT A upon termination of this Agreement. parties, accrued or otherwise, which may have 1701 m, via I I all p I i To Construction and Maintenance Aueement it .EXHIBITB-2 r on i s . In �` LAS M- WASWANUR i i , i • i _ i wom T'T' CYP T ITT N -Pl g� .fie Mumrom iT i i 1 TO ('.onstructiu-n and Maintenance Agreement N .. ' A A DESCRIPTION FORM 37- ARTICLE CONSTRUCTION SCHEDULE 1.4 WEEKLY LOOK-AHEAD SCHEDULE 1.4 DOCUMEINJIT CONTROL PLAN 1.4 TESTING AND INSPECTION PLAN 1.4 SITE SPECIFIC vv l EN3V N PLANS 1.4 REQUESTING WORK WINDOWS 4.3 DEMOLITION AND REMOVAL PLANS 5.1 EXCAVATION AND BACKFILL PLANS 5.2 SHORING AND SUPPORT OF EXCAVATION PLANS 5.3 SHORING AND SUPPORT OF EXCAVATIONS REMOVAL PLANS 5.3 TRACK MONITORING PLAN 5.3 DRILLING AND PILE DRIVING PLANS 5.4 BORING AND JACKING PLANS 5.5 BORING AND JACKING TRACK MONITORING PLAN 5.5 TEMPORARY STRUCTURES PLANS 5.6 FALSEWORK DESIGN PLANS 5.6 FALSEWORK ERECTION PLAN 5.6 FALSEWORK REMOVAL PLAN 5.6 HOISTING PLANS 5.7 CLEARANCES 5.8 TEMPORARY TRAFFIC CONTROL PLANS 5.9 EXHIBIT To Construction and . Aueement m f'-I T 9r �l T, A T � TT1k T A T-1 TT 11 ONt` � Il i F,asement or License for Crossing Area • • • IM pr T-1 i Tu v Tk J 3 Milan To Construction and Maintenance Agreement M "'f' -f�� T A i T-%BX T IN T"% A T-% T7" I i -- Scope CITY of Work Estimate L 7VAPH OA, a IM , MIA I I SCRRA Scope of Work and Estimate EXHIBIT D-2 SCRRAISCOPE Of''WORIK AND COST ESTIMATE PARK PEDESTRIAN # • PROJECT NUMBER860784 7/3112012 DRAFT QUANTITY UNIT COST TOTALS DESIGN CIVIL 0 LS $ E,, $ DESIGN SIGNAL 0 LS $ EA $ DESIGN SUPPORT - CIVIL 0 LS $ EA $ DESIGN SUPPORT- SIGNAL 0 LS $ EA $ MAT'L PROCUREMENT- TRACK _ 0 LS $ _ EA MAT'L PROCUREMENT- STRUCTURES 0 LS $ EA . $ MAT'L PROCUREMENT- SIGNAL 0' LS $ EA $ MAINT. SUPPORT- TRK/STRUCT 1 LS $ 15,000.00 EA $ 15,000.00 MAINT SUPPORT- SIGNAL 1 LS $ 10,000.00 EA $ 10,000.00 CONSTRUCTION -CIVIL 0 LS $ PA $ CONSTRUCTION- SIGNAL 0 LS EA $ CONSTRUCTION MGMT 0 LS $ EA $ FLAGGING -50 shifts 100 Shifts $ 1;200.00' per Shif $ 120,000.00 PROD. MGNT & ADMIN. SUPPORT 260' HR $ 187.00 per HR $ 48,620.00 OTHER PROF. SERVICES 12 LS $ 600.00 EA $ 7,200.00 RR WORK ORDERS 0 LS $ EA $ OTHER (PERMITS, FEES, ETC.) 1 LS $ 5,000.00 EA $ 5,000.00 AGENCY 156 HR $ 250.00 per HR $ 39,000.00 SUBTOTAL $ 244,820.00 CONTINGENCY 10% $ 24,482.00 $ 269,302.00 Notes: 1. City is to furnish all material for the construction of the structure. 2. City is to perform all construction for civil works. 3. This is an estimate only; SCRRA invoices will be for the actual costs from project inception less any previously received deposits and paid invoices. 4. Estimate also includes all previously incurred costs from project inception. 5. Flagging estimate assumes that Contractor will complete work within or adjacent to the SCRRA right-of-way within 100 Flagging shifts. 6. Estimate is based on work required on similar projects. The estimate will be revised as additional information is developed through cable location and similar activities. 7. No track relocation is anticipated. 8. No signal work is anticipated. 9. No signal or communication facilities relocation antici 10. Estimate is based on SCRRA involvement not extending beyond one) VAP'FA H a m AWRIOUISOMPEN To Construction and Maintenance Avreement m I=%, Memo 111, 1111, !l � ll� I'll mmm Exhibit E-I Please refer to latest SC RRA Grade Separation Guidelines and Excavation Support Guidelines posted on Metrolink's website using 4- the following links: r "- d e S e Par a ti o in Qvi- u, , d e 111 in c s. p d f SCRRA Excavation Support Guidelines httD://www.metrolinktrains.com/documents/Public Proiects/SCRRA —Excavation —Support —Guidelines —July —2009.pd Rules and Requirments for Construction on SCRRA P METROLINK NNIVIOU • MGM= In Rules and Reauirments for Construction on SCRRA Rules and Requrrments for Construction on SCRRA Property METROLINK 1.1 Purpose ...................................................................... ..............................1 1.2 Definitions .................................................................. ..............................1 1.3 General Requirements of the Contractor.. .... ....... ...... ........... 2 1.4 Submittals .................................................................. ..............................3 i r 2.1 SCRRA Employee -In- Charge ( EIC) ............................ ..............................5 2.2 Right to Challenge Sufficiency on On -Track Safety .... ..............................5 2.3 Work Requiring Protection of Track and Operations ... ..............................5 3.1 Contractor General Safety Requirements ................... ..............................6 5.2 3.2 Personnel Protective Equipment ................................. ..............................8 53 3.3 Maintenance of Work Area ......................................... ..............................8 5.4 3.4 General Precautions When Working Near Electrical Conductors ..............9 5.5 3.5 Safety Training and Communication.... ........ ......... _ ............... ........... ... 10 3.6 Emergency Response and Accident Reporting .......... .............................10 5.7 4.0 TRACK OCCUPANCY AND WORK WINDOWS .................. .............................11 4.1 Description of Location and Traffic ............................ .............................11 5.2 4.2 Coordination with Rail Traffic ..................................... .............................12 53 4.3 Work Windows and Track Access ............................. .............................12 5.4 4.4 Requesting Work Windows ........................................ .............................13 5.5 4.5 Extraordinary Work .................................................... .............................14 5.6 4.6 Track Back In Service ................................................ .............................14 5.7 4.7 SCRRA Service Impacts and Damages ..................... .............................14 5.8 Eli • • 5.1 Demolition and Removal ........................................... .............................16 5.2 Excavation and Backfill .............................................. .............................17 53 Shoring and Support of Excavation ........................... .............................18 5.4 Drilling and Pile Driving ............................................. .............................18 5.5 Boring and Jacking .................................................... .............................19 5.6 Temporary Structures ................................................ .............................20 5.7 Hoisting Operations ................................................... .............................20 5.8 Clearances ................................................................ .............................21 5.9 Temporary Vehicular Traffic Control .......................... .............................22 6.0 UTILITIES ............................................................................. .............................23 6.1 Protection of Underground Facilities .......................... .............................23 SCRRA Form 37 July 2012 Rules and Requirments for Construction on SCRRA Pro McrRouwu 71 Discharge-------------------------------'24 8.1 Site Inspections bv@CRRA and Others ............................ ................... 25 8.2 SCRFA Efficiency TeSting ....... —......................................................... 25 91 Cleaning ofRig ------------------------25 SCRKA Form 37 July 2012 Rules and Reumirmmemta for Construction mmSCARAProperty DENEMM =1 The rules and requirements were adopted to protect the Southern California Regional Rail Authority's /GCRRA\ 0per@bODS, including the proper manner of protecting the tn]Cko. signals, fiber optic cables, pipe lines, other Property, and tenants or licensees upQn, adjacent to' across (under' and/or over), and along SCRRA and Member Agency Property during the construction and/or maintenance activities on or adjacent to Railway Property. Contractor Contractor is an individual, Unn' third p@dv. partnership or corporation, or combination thereof, private, rnUniCip8| or pUb!ic, including joint weOtUnSS' retained by SCF7RA or another public entity tV provide construction or maintenance services which may impact SCRRA Property who �s re�red �othrougoutthia oounent by singular and masculine gender. Member Agency The county transportation agency whose property ie directly affected bx the Project. The SCRRA K88D1b8F AoeD[j8S include: the LOS Angeles Metropolitan Transportation Authority (METRO), the [)[GDg8 County Transportation Authority /OCT/\\. the Riverside County Transportation Commission /RCTC\. the San Bernardino Associated Governments (SANBAG) and the Ventura County Transportation Commission (VCTC). Project The xvOd< AorOdU{tS' rn8t8rk3ls' facilities and irDp[0V8Dl8DtS as required by the contract) to be performed pursuant to the contract documents. Property Property ie defined herein to mean the real and/or personal Property of SCRRA or Member Agency(s). Public Agency Public AoSOCy is defined to nne@D (U the fSd8[2| g0Ve[DDleDi and any og8DCieS' departments or subdivisions thereof, and (ii) the State of California or any other atai*, and any Public Agency, cih/, city and Public Agency, district, public authority, Public Agency, joint pDvxe[S' OnUOiCip@| C0[pOr8bOO, or any other political subdivision Or public corporation therein. SCRRA Southern California FegiOD8| Rail Authority (SCRRA) is3five-county joint powers authority, created pursuant to California Public Utilities Code Section 130255and California Government Code Sections 8500 et seq., to build and operate the ^&YETR(]UNK" commuter train avetern. The five-county member agencies are: Loo /\Dge\8S County K8EtrDpQ|it@O Transportation Authority /"K8T/\ \' Ventura County Transportation Commission, (]range County Transportation Authority, 88O Bernardino Associated Governments, and Riverside County Transportation Commission. 8CRHA builds, Op8[8teS and [D8iOt8iDS 8 CUO0OOut8[ [8i| SySt8Oo in the five-county area on rail righte-ofvvay owned by the member agencies. SGVVP Site Specific \8/orh Plan XSGVVp\io a program, o1an, and schedule prepared and submitted by the Contractor and approved by 8CRRA that accurately describes and illustrates the manner in which work within the right-of-way will be accomplished; the impacts on any elements of the right-of-vvay. SCRRA operations, GCRFA facilities; and SCDRA Form 37 July 2012 All railroad tracks within and adjacent to the Project site are to be assumed active and rail traffic over these tracks must be maintained throughout the Project. Rail traffic may include both through trains and switching moves to local customers. SCRRA and other railroad traffic and operations can occur continuously throughout the day and night on these tracks and may not be interrupted except as approved by SCRRA and the other operating railroads using the tracks. The Contractor shall coordinate and schedule the work so that construction activities do not interfere with rail operations. The Contractor, and its sub - contractors of any tier (collectively referred to as the Contractor), must coordinate its work with SCRRA during construction of the Project when any of the following conditions are present: A. Where work is performed on the right -of -way of SCRRA; E. When the work is over or under or adjacent to the tracks of SCRRA; C. When excavations are performed within 30 -feet of the centerline of the nearest track; or D. When the work has the potential to foul (obstruct) any track or reduce any clearance below the allowable minimum. The Contractor may not move, relocate, remove, obstruct, or otherwise interfere with any railroad tracks, signals, cables, signs, flags, or other railroad facilities, or any service or connection to any railroad facility. All work on SCRRA tracks, signals, communication equipment, and other railroad facilities must be performed by SCRRA. The Contractor's ability to enter the SCRRA right -of -way is subject to the absolute right of SCRRA to cause the Contractor's work on the SCRRA right -of -way to cease if, in the sole opinion of SCRRA, the Contractor's activities create a hazard to the SCRRA right -of -way, or SCRRA employees, or SCRRA operations, or any combination thereof. The Contractor shall inform itself of the expected train movements over the tracks in the vicinity of the work prior to developing its plans for any portion of the work. The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains. The Contractor shall obtain permission in writing from SCRRA for movement of equipment on track or across tracks at locations other than public crossings. Such permission may not necessarily be granted. If it is granted, the Contractor shall comply with any condition required such as, but not limited to, the bridging of rail and protection of ballast section. Damages to the track structure will be repaired at the Contractor's sole expense. The Contractor shall perform no work on the SCRRA right -of -way until all its employees, including sub- contractors of any tier, have attended and passed the safety orientation class described in SCRRA Form 6, "Temporary Right -of -Entry Agreement ". The Contractor shall adequately supervise all work performed by its employees and Subcontractors. Subcontractors of any tier, suppliers, owner - operators, and invitees of the Contractor are not recognized as such by SCRRA and are to be considered as employees of the Contractor for the purpose of carrying out the Contractor's obligations while working on, over, or adjacent to the SCRRA right -of -way. SCRRA Form 37 July 2012 Rules and Requirments for Construction on SCRRA Property ME-rRO€ NK Whenever work is performed within the vicinity of the SCRRA right -of -way, or when work may affect the operation or safety of trains, or for temporary or short -term uses of right -of -way, appropriate right -of -entry agreements and the method of performing the work shall first be submitted to the SCRRA Representative for approval. SCRRA Form No. 4, "Agreement for Moving Oversized Loads Over Highway -Rail Grade Crossings" for the movement of oversize vehicles over the crossings; SCRRA Form No. 5, "Indemnification and Assumption of Liability Agreement" for temporary uses of rights of way (such as surveying activities and shallow geotechnical investigations); and SCRRA Form No. 6, "Temporary Right -of -Entry Agreement" for projects involvin eg construction ee shall be submitted to SCRRA for review and approval. The details of each construction activity affecting the operations, facilities, or right -of -way of SCRRA, or the operations or facilities of other railroads using the right -of -way, must be described in a Site Specific Work Plan (SSWP) prepared by the Contractor and submitted for review by SCRRA. All SSWPs shall be submitted in writing a minimum of 15 working days prior to the scheduled start of work within the SCRRA right -of -way. The SSWP shall be as per requirements shown on SCRRA's SSWP Scope of Work. SCRRA will require the SSWP for all proposed work in or adjacent to SCRRA right -of -way, that affects the operation a and safety of Metrolink passengers and trains, including excavation and backfili, shoring and support of excavation, drilling and pile driving, boring and jacking, temporary structures, and hoisting operations. Detailed information on each task shall be submitted to SCRRA for review and approval. SCRRA's SSWP Checklist shall be submitted as a part of the SSWP to SCRRA. The Contractor shall provide a detailed construction schedule to SCRRA for review and approval prior to commencement of work within or adjacent to the right -of -way. The Contractor shall use activity codes to identify specific activities that involve work within or adjacent to the SCRRA right -of -way. Activities that involve working within reduced clearances must also be identified by a unique activity code. This schedule shall be updated for all critical events as necessary but not less than monthly so that site visits may be scheduled at the appropriate times. A copy of each schedule update shall be furnished to SCRRA. The Contractor shall also furnish SCRRA, at the beginning of each week, with a look -ahead schedule projecting the Contractor's activities for three weeks in advance of the week in which the look -ahead schedule is issued. For major construction projects, the Contractor shall submit, as soon as possible, but no later than 15 working days after a Notice to Proceed (NTP) with any portion of the work, for SCRRA's review and approval, a document control plan. The document control plan shall describe and illustrate the process (including roles, responsibilities, and contact information) by which the firms and individuals responsible for submitting, reviewing, and approving all submittals from the Contractor to the Public Agency, will manage the flow of submittals and information. The document control plan must also include a master list of submittals. A preliminary list of submittal is included in Exhibit A at the end of this Form. The Contractor shall also submit, not later than 15 working days after the NTP, a testing and inspection plan that identifies the tests and inspections required, the point during construction at which each test or inspection is to be performed, and the entity responsible for performing each test or inspection on both temporary and permanent work. Construction submittals requiring SCRRA approval, and Requests for Information (RFI) requiring a reply from SCRRA, must be forwarded to the Public Agency who in turn will forward to the SCRRA Representative. Unless waived by SCRRA, all submittals made to SCRRA must bear an approval stamp indicating the acceptance of the submittal by the Public Agency, and include a statement that the submittal conforms to the requirement and standards of SCRRA included with the Contract. Where required by SCRRA rules, standards, guidelines, and other requirements, the Contractor shall submit plans, calculations and other documents prepared under the direction of a Registered Professional Engineer licensed to practice in California. SCRRA Form 37 July 2012 9L Rules and Requirments for Construction on SCRRA Property METROUNK The Contractor shall submit general insurance and railroad protective insurance certificates to SCRRA as a part of SCRRA Form No. 6, "Temporary Right -of -Entry Agreement ". The Contractor shall maintain all insurance in full force during the time that its work is performed on or adjacent to the SCRRA right -of -way. SCRRA forms, manuals and guidelines are available on its website www.metrolinktrains.com. No work shall take place within the SCRRA right -of -way until appropriate right -of -entry agreement, SSWP, schedule, and document control plan have been reviewed and approved by SCRRA. If a change occurs in the process, involvement of firm, or individuals named in the document control and SSWP, the Contractor shall im9 ediately revise the document control and SSWP and submit the changes for approval. SCRRA shall be allowed 20 working days for review of all submittals. Upon written approval by the Public Agency, the Contractor may make the submittals directly to SCRRA Representative and the Public Agency simultaneously. However, SCRRA will not approve any submittal for which the approval of Public Agency is required until the Public Agency has first reviewed and approved the *Contractor's submittal. The SCRRA's review and approval of the Public Ages acy's or the Contractor's ltr actor's plans in n o way relieves the Public Agency and Contractor from their responsibilities, obligations or liabilities under the Contract between the Public Agency and the Contractor, or SCRRA Form 6, "Temporary Right -of -Entry Agreement ". SCRRA's review and approval will be given with the understanding that SCRRA makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the designs prepared by Public Agency or the Contractor, and that any reliance by the Public Agency or the Contractor with respect to such designs is at the risk of the Public Agency and the Contractor. 7y114 12:11iT AZI 1191M 2.1 SCRRA Employee- In- Charge (EIC) Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by the Contractor within or adjacent to the right -of- way of SCRRA must be in compliance with this Form 37 and the requirements of SCRRA Form 6, "Temporary Right -of -Entry Agreement ". The SCRRA Employee -in- Charge (EIC) is responsible for on -track safety anytime that work is underway on or adjacent to the track. Services of an EIC will be provided by SCRRA using railroad personnel trained and qualified under the rules of the Federal Railroad Administration and qualified to work on the SCRRA Subdivision on which they will be providing services. All persons acting as an EIC will be furnished through SCRRA. Personnel of the Contractor may not provide an EIC or perform flagging or other protective services for railroad operations. No work may begin until the EIC is present at the work site and proper protection has been provided. The EIC will provide job briefings and safety protection to assure the contractor a safe work environment and the safe passage of trains. The EIC will conduct job briefings at the start of every work shift and every change of conditions affecting roadway worker safety during a work shift. The EIC has the authority to temporarily or permanently halt work or to temporarily or permanently remove employees of the Contractor from the right -of- way in order to assure the work is conducted safely. The Contractors' employees must comply immediately with all instructions of the EIC involving work within or affecting the right -of -way of SCRRA. 2.2 Right to Challenge Sufficiency on On -Track Safety The employees of the Contractor may, during the job briefing process, request clarification of the protection SCRRA Form 37 July 2012 Rules and Requirments for Construction on 8CRRA Property MEreouwu against trains being provided bv the BC. If8n employee of the Contractor does not believe that the protection against trains is sufficient, the employee may at any drne' in good fobh, challenge the form Of protection established by the EIC and must remain clear of all tracks until the challenge is resolved. Federal regulations and GCF|RA rules require that the BC. Contractor supervisor and the 8CRRASQp8rViSO[ must reSV|;8 the challenge before work can begin. A Good Faith Challenge Form must be completed bv the parties involved. If the Contractor disagrees with any instructions from the E|C, the contractor and CDOtr@ctO[ employees must immediately clear the tracks to8 safe location. After employees are clear Of tracks, the contractor may contact the EIC's supervisor to resolve any disagreement over the instruction provided. 2'3 Work Requiring Protection of Track and Operations The COntroCt0FDmUst request and arrange for an E|C. inspector, 0r other protective services from 8CRRAf0r the fo||0xvingcondidons� �� \8/hen �he �ontnaoto��vvorkeutivUU�� mnsvv�hin ƒhe �Qhƒ+J�vv�y 0fB�RF�\. B. When the Contractor's work activities are located over Or under 8 track Qrtracks. C. When cranes, pile drivers, drill rigs, concrete pumps, or similar equipment positioned outside of the right-of-way could foul the track in the event of tip-over or other catastrophic occurrence. D� When in the opinion of the GCRR\ it is necessary to safeguard the 8nnp|Oy88S, trains, engines and facilities ofGCFlRA. E. When any HXC@v@d0O is performed below the elevation of the track Sub-grade, or track or other railroad facilities may be subject to movement orsettlement. F. When work in any way interferes with the safe operation of trains at dDl8t8b|e speeds. G. When any hazard is presented to [@i|xv@y track, COOornuniCGtiOnS' Sign@(, e|8CtriC@|' or other facilities either due t0 pe[SODG' Dl8t8[i8|. equipment Orblasting in the vicinity. H. When C|eGring, grubbing, gn3ding. Or blasting is in proximity to the right-of-way which, in the opinion of GCRRA or representative of an 8CRRA member eganoy, may endanger the right-of-way or operations. |. When street construction and maintenance activities, located within the right-0f-way Orin the vicinity Of the highway-rail grade Cr0SSin0. requiring temporary vvOrh area traffic control, which may affect Or C[83t8 uDS@f8 COOditiODS for employees, public, trains and vehicles. The services of an E|C are generally provided by one employee. However, additional personnel may be required to protect the facilities and operations ufGCRRA. if deemed necessary by the SCRRA representative 0r other authorized 8CRRA employee. The maximum shift duration for one E|C is 10 hours. Under "Form B^ protection, the 10 hours includes 8 h0UnS of the Contractor work and 2 hours to install and n80Ov8 FOnn B flags. The Contractor shall not be a||Dvved to vvO[h within the (]p8[@tiDQ EOV8|Op8 during the 2-hour flag iDSt8||8tiOn and FenlOvo|. The nnininlurn Shift duF8bOD for flagging services is 4 hours. If the Contractor desires to perform activities requiring an E|C that are longer than 10 hours' duration, then the COOt[@Ct0[ Gh8|| coordinate with SCFlR4to schedule multiple E|Ca for said Work. The estimated cost for one /1\ BC is $1.2OO for an eight 08) hour basic day o|ue two hours of overtime /10 hours total). The estimated cost for each BC includes vacation oUovvanoe, paid ho|idmyo, railroad and unemployment insurance, public liability and property damage inSu[@OCe. h8@|1h and welfare beDefitS, t[8OSp0rt@ti0D. rD8@|S' lodging, and SUp8rViSiOD. However, the rate for an E|C in effect at the time Of performance of the work by the Contractor hereunder will be used to calculate the actual costs of the services ofanE|C pursuant to this paragraph. Billing will beonan actual cost basis. The Contractor shall call the phone number provided with the executed copy of @CRRA agreement, a minimum of 15 working days in advance of the date that services of an EIC will be required. An EIC will not be SCDBAFurm 37 July 2012 Rules and Requirments for Construction on SCRRA METROUNK scheduled until the {|DD1n@ctOr has executed the GCRR/\ @gre8nl8rd and the COnkn@CtOr has attended the required safety training. Safety takes precedence over deadlines, production sCh6du|8S. and all other considerations. When uncertainty @hseS, take the safest course. Remember that accidents are 8ften 'the result Of C8ne|83snees' unsafe practices, lack of attention, and complacency. The following rules must be followed at all times: • Using, p8ssessing, or working under the influence Of alcohol or drugs is not pennit ted anywhere on [8i|[D8d property- This includes prescription drug--, that cause drowsiness or otherwise impair 3 person's ability to perform an assigned task. SCRRA may naquine �mpiny�8S Of 1h� CORLr�Ct0r t0 submit urine or other toxicological samples to be used for drug and alcohol testing after an accident or incident occurring with in the r8i|ro@d right-of-way. • Any employees, agents or invitees Of Contractor Ur its sub-contractors under suspicion of being under the influence of drugs or alcohol, or in the p0SS8SSi0n of same, will be removed from the SCRF0\ right- of-way and subsequently released to the custody of a representative of the Contractor's nnanugarnenL An employee removed for violation of the drug or alcohol policy will not be permitted future oCCeSS to the right-of-way. • SCRRA may require employees of the Contractor to submit urine samples for drug and alcohol testing after 8O accident 0rincident. • The use or possession of unauthorized radio equipment is prohibited. The use of personal radios (including Pod, K8P3 players, and similar devices), and C8|| phone 88r pieces vvhi|8 working is prohibited. w The use of cellular phones within 25-feet from the nearest rail is prohibited. * Horseplay, physical 8|te[C8tiODS. running Orjunnping is prohibited. � Firearms or other deadly weapons, including knives are prohibited. � Work on public streets, nJ3dvv@y cnJooingo, and highway bridges must conform to the California Vehicle Code and the standards given in the California KAenue| of Uniform Traffic Control [}evioea, and must be performed with due regard for the convenience and safety of the public. * Only authorized employees are allowed on enginee, coro, uabooses, track ooro or other railroad equipment. ° Contractor employees must exercise care to prevent injury to themselves orothara. � Employees must be alert and attentive at all times when performing their work. * Any defective too|e, machinery and equipment are prohibited from use on 8CF{FbA property and, if found. must ba removed immediately. When onVr near the tracks, the following precautions must betaken: • Keep clear ofall tracks unless the E|C has provided u job briefing and indentified the [)n-Track 8ohaty protection in effect. No work may begin until the EIC is present at work site and a job briefing has been • Always look both vvmyo before crossing tracks. /\|vvoye step over the noi|o when crossing the tracks. Never walk, etand, or sit on the rails. The rail surface can be extremely slippery. � Always face the direction from which the train or on-track equipment is approaching. w Avoid track switches. The switch points are controlled from a remote location, can move unexpected\y, and exert enough force to crush ballast rock. Stand 15O feet from track switches when trains one SCRJl&Fonu37 July 2012 METROLINK approaching. Stay away from any other railroad device with which you are not familiar. • Always walk single file when crossing the tracks in a group. • Never stand between adjacent tracks in multiple track territory when a train is passing. • Always cross at least 20 feet away from the end of equipment: i.e. engines, railroad cars, or on -track equipment • Do not pass between standing locomotives, railroad cars or on -track equipment when there is less than 50 feet between the equipment. • Never cross tracks by going underneath, over or through cars, engines or on -track equipment. • Work is not allowed within 50 feet of the track centerline while trains are passing the work site. Always stand as far back as possible to prevent injury from flying debris or loose rigging. • Always visually inspect all passing trains. If you detect a dangerous condition, inform your EIC or watchman immediately. The EIC or watchman will notify the train crew. • Always stop equipment while a train is passing through your working limits. No movement will be allowed toward an approaching train that would cause the engineer to believe the track might be fouled. • Trains travel faster than they appear and are relatively quiet. Trains may operate with cab car forward. You should not rely on past experiences to determine train schedule. Train schedules are unpredictable and are subiect to changes and /or delays_ Always expect a train on any track at any time. Trains may stop, reverse direction, set out cars, or run around stopped trains without notice. Expect movement of locomotives, railroad cars or on -track equipment on any track in either direction at any time. 3.2 Personal Protective Equipment All persons working on, over, or under the SCRRA right -of -way must be equipped with personal protective equipment meeting applicable OSHA and ANSI specifications. Personal protective equipment must be appropriate for the task performed. Employees, subcontractors, suppliers, agents or invitees of Contractor shall possess the following minimum equipment while on the right -of way: A. Safety glasses with side shields conforming to ANSI Z87.1 - Occupational and Educational Personal Eye and Face Protection Devices; B. Protective Helmets (Hard Hats) conforming to ANSI 289.1 - Requirements for Protective Headwear for Industrial Workers, Type I or II, Class G or E; C. Safety shoes with hardened toes conforming to ANSI Z41.1 — Personal Protection - Protective Footwear. Shoes must lace above the ankle and have a defined heel; D. High visibility ORANGE (and only orange) retro- reflective work wear. (Green and Red shirts, vests, or other outerwear are not permitted within the SCRRA right -of -way because of the use of the same colors for signals to trains). E. SCRRA railroad safety training card in possession. Hearing protection, face and eye shields, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. _ The Contractor must not pile or place any materials, articles, or equipment, nor park any machinery or equipment within the SCRRA Right -of -Way, or closer than 25' -0" to the center line of the nearest track, or in a manner that blocks access to SCRRA facilities and equipment. Soil, aggregates, or other similar loose materials must be covered to prevent migration of the material toward the track. Dust or blowing soil or debris must be controlled in accordance with South Coast Air Quality Management District Rule No. 402 and Rule SCRRA Form 37 July 2012 Rules and Requirments for Construction on SCRRA Property METROUNK Materials, machinery or equipment must not be stored O[ left within 250 feet of any highway railroad at-grade C[OSSingS' vvh8Pe storage of the S8Ole will interfere with the sight distances Of motorists approaching the crossing. For construction on the GCRRA right-of-way the Contractor must establish a StO[308 area with concurrence Ofthe SCRRA prior tQ beginning work, O[8S part 0fa site specific work plan. Machines or vehicles nnUSt not be |8ft UD8tt8Od8d with the engine running. Parked machines and equipment noUSt be turned off and rDUSt be in gear with brakes set. if equipped with blade, pan Or bucket, the blade, pan or bucket must be lowered to the ground. All machinery and equipment permitted to be left unattended on 8CRRA right-of-way must be left inoperable and s8CU[Sd against movement. O0 not park vehicles over vegetation that might be ignited by the heat from the vehicle's exhaust system. The Contractor nnUSt not create and leave any CODdiUODS at the work site that would interfere with vv@t8r drainage. Any work performed over water must meet all Federal, State and Local regulations. 3'4 General Precautions When Working Near Electrical Conductors All wires and cables must be considered t0 carry electric current 8t high voltage and to be dangerous unless informed tO the contrary by proper authority. When using temporary power cords, cords must never be p|8C8d over the rai|o, and employees must not place any metal objects across the rails. For all power lines the minimum clearance between the lines and the top of the rail must be as shown below 27'-0" Vertically above top 0f rail for electric wires carrying less than 75Ovolts 28'-7' Vertically above top Of [@U for 8|8CthC wires carrying 750 wJUS t0 15'000 V0KS 30'-0" Vertically above top of rail for electric wires carrying 15.00O volts to20'U0Ovolts 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts For all power lines the minimum clearance between the lines and any part ofthe equipment 0[ load must bS@s shown below: 15-0" for electric wires carrying heoaUlan20OK}/ 20'-0^ for electric wires carrying 200 K3/to 350 K)J 25-0^ for electric wires carrying 350 K}/to 500 hJ/ 35'-0^ for electric wires carrying 500 KVto 750 KV 40'-0" for electric wires carrying 750 Kl/tD 1000 NV If Cal/OSHA, CPUC, and/or the utility owners clearance requirements are more restrictive than those shown herein than the most restrictive clearances shall apply. If capacity 8f the line is not known, 3 minimum clearance Of45feet must be maintained. A person must b8 designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for on operator to maintain the desired clearance by visual means. When the height of overhead wire lines cannot be determined from the available records, the actual height must be determined by field survey. All damage to the right-of-way, baci|ities, or property of GCRR/\ or any accident or incident within GCRR4^ right—of-way, or any hazard noticed on passing trains must be reported immediately to the railroad BC. if an E|C is pneeent, or in the absence of a railroad E|C. to 8CF{RA'e Metro|ink Operations Center (M(]C) at (888) 446-9715O[/909\593-0661. Any vehicle or machine which comes in contact with the track, signal equipment, SCXD& Form 37 July 2012 Rules and Regnirments for Construction on SCRRA Property ETROU K structure or other railroad installation or facility, regardless of the force of the impact, may result in the derailment of a train and must be reported immediately to the SCRRA representative and to the EIC, if an EIC is present, or in the absence of a railroad EIC, to MOC. All personnel working on, over, or adjacent to the SCRRA right -of -way must attend a railroad safety training class and pass an examination covering the information presented in the class. Persons not regularly employed on the Project, or at the Project site only intermittently, are not exempted from this requirement. Before beginning any task on the right -of -way of SCRRA, a thorough job safety briefing must be conducted with all personnel involved with the task. The briefing must include the Contractor's job hazard analysis, its plan for conducting the work, and the procedures the Contractor will use to prevent its employees, sub- contractors, suppliers, agents or invitees from moving any equipment adjacent to or across any SCRRA tracks without the appropriate protection for the Contractor and the railroad operations. Additional job safety briefings must be conducted anytime that the job tasks, or conditions affecting the job tasks, change or are re.ised. When Contractor employees are required to work on the SCRRA right-of-way after normal working hours or on weekends, the Public Agency and SCRRA Representatives must be notified. A minimum of two Contractor employees must be present at all times. If work is within or near the SCRRA right -of -way an EIC will be required, and a representative of the Public Agency must also be present on the Project site. The Contractor shall develop and provide an emergency action plan indicating the location of the site, contact names and phone numbers, directions for access to the site, instructions for emergency response, and location of the nearest hospitals. The plan must also cover the Contractor's means of preventing fires arising from the Contractor's operations, and the Contractor's methods of fire suppression. The plan must also include the local direct phone numbers and locations of the nearest fire and police departments. Phone numbers for utility and SCRRA emergency response must be obtained from the SCRRA representative prior to the start of any work and must be posted at the job site. 3.6 Emergency Response and Accident Reporting Prior to starting work, the Contractor must provide the EIC with the emergency phone numbers for the Project. At a minimum, phone numbers must be provided for paramedics, fire, police, utility response, SCRRA Representative, Contractor Superintendent, Metrolink Operation Center (MOC), and the Metrolink Signal emergency number. A map and directions to the site must be immediately available for the use of the EIC. In emergency situations the following apply: A. When a person is injured, stop work and ensure everything possible is done for the injured person. Also take the following immediate action: Notify the fire, police, or paramedics as appropriate, and notify the Metrolink Operations Center; provide an individual or individuals to guide emergency response personnel to the site; make sure that all access ways are cleared for emergency vehicle access; and immediately report to the EIC any accidents, personal injuries, defects in tracks, bridges, signals utilities or communication facilities or any unusual condition that may affect the safe operation of the railroad. B. If equipment was involved in the incident, it must not be moved until examined to ensure the equipment was in proper working condition, unless movement is necessary to prevent further injury or risk to persons or property. C. In case of personal injury, loss of life, or damage to property, the EIC must immediately document the names, addresses and occupation of all persons involved, including all persons at the scene regardless SCRRA Form 37 July 2012 Rules and Requirments for Construction on SCRRA Property wsrRouwu of whether these pSrSODS give 8 statement about the incident. This information Sh0U|d be included in the incident reports. The Contractor's cooperation with, and assistance to, the BC is a requirement of accessing the SCRR4hght-0f-vv8y. D. If on incident c8USSS pBFS0O@| injury or death, all tO0|S' machinery and Other equipment iOvO|wed, including premises where such @CCid8Ot occurred rnUgt be promptly inspected by the E|C. ToO1S, 8qU|prn8Ot and machinery rnUSt be secured until the E|C. Safety C}ffiC8[. O[ other competent person has completed an inspection. A report of such inspection, stating the conditions found and Do0ea of persons making the inspection must be promptly forwarded to SCRRA@Dd the supervising officer of person making the inspection. Information COOC8[Ding incidents or personal injuries DCCuOing to persons who are not employees, must not be given to anyone except authorized representatives of the SCRRA or an officer of the law. The C0rtneCtGr Shall obtain permission in writing from SCFlRA for rnovennEnd of equipment on track or across tracks 8t locations other than public crossings. Such permission may not necessarily begranted. Damages to the track structure will be repaired e[ the Contractor's sole expense. The On@iO//ne tracks, within the limits Of Project Sh8. are under direct control Of SCRR\ dispatcher. No track shall be fouled without @UthOriz8bUO and presence of an Authority E|C On the scene. For all work with the potential to fOU| the track, the Contractor shall 8||Vvv SUffiCieO[ time in his work schedule for the E|C to clear trains. Upto15 minutes may be required for the E|Cto clear each train, during which time the Contractor must not foul the track. Such time required to C/eG[ scheduled trains Sh8|| not be an acceptable [88S0D for submitting contract change requests or delay claims to SCRRA. Scheduled trains may be up to 15 minutes behind ouhodu|e, and such tardiness will not be on 000ep[ob|e reason for submitting contract change requests or delay claims tOGCRRA. The COrtr8CtOh] operations are subordinate to the 0pe[8tk}O of trains on the GCRR/\ right-of-way, whether passenger orfreight. All work upon the SCRRA right-of-way shall be done at such times and in such a manner as to not interfere with or endanger the GCRRA Operations. 8CRRA will strive to cooperate with the Contractor such that the work may be handled and performed in an efficient manner. However, the Contractor will have no claim whatsoever for any type of damages or for eXƒ[@ or additional compensation in the event its work iS delayed by rail operations. All forecasts of train traffic and schedules are approximate. The public time table or schedule shall be used for planning purposes only and shall not be used for scheduling actual work in the vicinity of the railroad tracks in the 8bSeOCH of railroad E!C. 8CRF64' UF`RR' BNSF, and Amtrak may run additional trains as needed to perform their respective obligations. The operation of extra and special trains will be at om|e discretion of 8CRRA. The Contractor's work may be halted or delayed whenever necessary to accommodate train service. Persons acting as an E|C are generally dispatched to projects in the order requested. An E|C may not be available sd all times without advance notice. The Contractor io encouraged to schedule the services ofonBC or inspector 0iOirOu[O of 15 working days in advance of any planned operation to avoid delay. Any work tO be padnnned by the Contractor, which requires services of an E|C or inspector, shall be deferred until an E|C or inspector is available at the job site. SCRD/\Poruz37 July 2012 All work on, over, or adjacent to the tracks must be coordinated with SCRRA, and the Contractor's work is subject to the SCRRA operating rules for work on main tracks and other than main tracks. Project Specific Work Windows shall be obtained from SCRRA. The Project Specific Work Window hours and days are not included here in this document and shall be obtained from other project related documents. Work Window: A period of time with specific beginning and ending time and durations for which the track, signals, bridges and other Operating System elements within the Operating Envelope are temporarily removed from service or modified in some other manner and train and other operations suspended or modified to allow construction or maintenance work to occur. Written authority from SCRRA and an approved Site Specific Work Plan (SSWP) is required before the Contractor is granted a Work Window. The Contractor's Work Window shall have specific geographic limits, which are defined in the approved SSWP. Modifications or suspension of train and on -track equipment movements resulting from a Work Window involves written changes to the Railroad's Rules of Train and On -Track Equipment Operations. Exclusive Track window: An approved Work Window in which no train movements (except the Contractor or Authority work trains or equipment under control of the EIC, per the SSWP) will operate on any track within the window limits. The Contractor may dismantle, remove, reconstruct, or otherwise obstruct tracks within the limits of such a window. This Work may be protected by track out of service, track and time limits, or by Form B Track Bulletin. Limited Track Window: An approved Work Window for some, but not all tracks within a general Work area (e.g. one track remains for operation of trains, other tracks are available for the Contractor's Work). Movement of trains over the track(s) of a Limited Track Window is under the control of the EIC who will not authorize train movement unless and until the Contractor personnel and equipment are clear of the operating track. The Contractor may remove, construct, or obstruct only the track designated by the SSWP and must arrange the Work so that trains can operate without delay on the remaining track(s) in the Work area. This Work may be protected by track out of service, track and time, or by Form B Track Bulletin. "Form B" Work Window: An approved Work Window in which passenger, freight and all other trains and on- track equipment movements can be prohibited from entering the defined limits of a segment of track. The "Form B" Work Window does not allow the Contractor to remove from service or modify the tracks, signals, bridges, stations or other elements of the Operating System in a manner, which will delay or in any way affect the safe operation of the trains. The "Form B" Work Window allows the Contractor the ability to enter the Operating Envelope and perform construction activities subject to the conditions above. An Employee -in- Charge /Flagman from SCRRA will exercise strict control over the Contractor's construction activities in conjunction with Roadway Worker Protection requirements, to assure that the Contractor's activities do not delay or impact train service. No construction work shall be performed during the New Year's Day, Memorial Day, Independent day, Labor Day, Thanksgiving days, and Christmas day holiday and weekends when Construction Management staff, or SCRRA furnished labor or equipment are not available unless approved in advance and in writing by SCRRA. No Exclusive Track Window will be allowed during the Metrolink "Holiday Train" weekend. This event is tentative scheduled between the Thanksgiving holiday and the Christmas holiday. The Contractor shall coordinate with SCRRA when this event will be scheduled. The start time for Track Work Windows is an "average" start time dependent on location and train on -time performance, and may vary by 30 minutes either direction. SCRRA Form 37 July 2012 l� __ Rules and Requirments for Construction on SCRRA Property METROUNK Contractor must comply with any regulatory restrictions to hours of operation or other restrictions in operations during specific Work Windows. Contractor shall coordinate with SCRRA signal forces and allocate the required time and number of hours within these work windows for SCRRA signal work. Within the time limits of each work window, the Contractor shall allow time for SCRRA's signal forces to restore and test the signal and communication system before the operation of trains, therefore the full duration of the work window is not available for the use of the Contractor. The SSWP shall designate both the time at which the Contractor must make track ready (in full compliance with the FRA Track safety Standards and with the SCRRA's Track Maintenance and Engineering Instructions) for the passage of trains, and the SCRRA crew time within the work window that will be required for the signal and communications system restoration. 4.4 Requesting Work Windows The Contractor shall make requests in writing to the SCRRA Representative not less than twenty-five (25) working days prior to commencing work ;n connection with approved work ashen the v�ork will be performed within the SCRRA right -of -way under Form B Work Window or Limited Track Window. The Contractor shall provide written notice and submit its SSWP to SCRRA Representative a minimum of seventy -five (75) working days prior to the scheduled track cutovers or Exclusive Track Window. The Contractor shall provide written notice to SCRRA Representative a minimum of ninety (90) working days prior to the scheduled complete Street and highway -rail grade crossing closures. The time to perform work during the complete Street and highway -rail grade crossing closures will be shared between the Contractor and SCRRA forces. All work shall be performed in accordance with previously approved SSWP. 4.5 Extraordinary Work Should a condition arise from, or in connection with, the Contractor's work on this Project which requires immediate and extraordinary actions to be taken to protect operations and facilities of SCRRA, or facilities of others within the right -of -way, the Contractor shall undertake such actions. If, in the judgment of the SCRRA or the Public Agency, such actions are insufficient, SCRRA may require or provide such actions as deemed necessary. In any event, such actions shall be at the Contractor's expense and without cost to SCRRA. SCRRA or Public Agency shall have the right to order the Contractor to temporarily cease operations in the event of an emergency or if, in the opinion of SCRRA or Public Agency, the Contractor's operations may interfere or endanger train operations. 4.6 Track Back In Service Prior to any track work window, Contractor's track work that is to be placed into service during the work window shall be completed to Class 5 as defined by FRA guidelines. At the end of each track work window shown in the approved SSWP, all tracks must be completed to Class 5 as defined by FRA guidelines. Contractor shall furnish all necessary labor and equipment to comply with this requirement. SCRRA will perform an inspection and will approve the condition of the tracks before train service can resume on tracks previously out of service. Contractor shall include in its SSWP, and shall prosecute its work so as to allow ample time for inspection by SCRRA, and an allowance for correction of any deficiencies prior to the end of the scheduled work window. Allowing train service on reconstructed or shifted track at the end of each approved work window is not considered beneficial occupancy or final acceptance of the work. Contractor shall remain fully responsible for loss or damage arising from Contractor's activities under this contract. If further adjustments or repairs are required to meet appropriate FRA and SCRA track standards, and Contractor has failed to comply with those requirements, SCRRA forces will immediately perform the SCRRA Form 37 July 2012 Rules and Requirments for Construction on SCRRA Property METR SUNK necessary remedial work and make appropriate adjustments or repairs, and Contractor shall be responsible for the direct and indirect cost of the remedial work, and the possible assessment of rail service slow orders, interruption, and disruption damages. Rail service slow orders, interruptions and disruptions shall be considered an unauthorized delay to passenger and freight operations, and rail service damage assessments will be made when any of the following occurs: A. Contractor's construction operations exceed the approved work window time limits specified in an approved SSWP. B. An unplanned and /or unapproved slow order occurs as result of Contractor's required work or normal operations. C. Contractor's construction operations working under an approved Form B work window result in the stoppage of a scheduled train (i.e., a train operating within the time arranged in the SSWP). The delay nb.. -.!I h., r +I.. +:..,.,. 4. +».�:.,m ..! �.x 'the working limits 'the e. shall be calculated from 'Lit le tinIe the train is stopped at the working limits until the train has completely passed through the working limits. D. Contractor has not restored the track to Class 5 standards. E. Contractor's construction operations cause an unplanned train stoppage. Rail service slow orders, interruptions and disruptions, and other damages asserted by SCRRA are determined as follows. A. Loss of Revenue due to service interruptions or disruptions- Actual loss of revenue in accordance with delay provisions of service contracts. B. Slow Order: When train speed is restricted to a lower speed than the operating maximum timetable speed allowed in accordance with the SCRRA operating rules because of an unplanned and /or unapproved slow order, the damages are calculated in accordance with the formulas and example below. Example: • Operating maximum timetable (unrestricted) speed: 25 mph (144 sec per mile). • Slow Order speed restriction: 15 mph (240 sec per mile). • Length of restriction: 1.5 miles (distance between green flags of speed restriction). • Distance train operates at restricted speed: 1.6 miles (1.5 miles plus length of train). • Time of unrestricted train: 1.6 miles x 144 sec per mile = 230 seconds. • Time of restricted train: 1.6 miles x 240 sec per mile = 384 seconds. • Slow Order delay: 384 - 230 = 154 seconds = 2.57 minutes, rounded up to 3 minutes. • Slow Order damages: 3 minutes x $50.00 per minute = $150.00 for subject train. C. Rail Service Interruption: $50.00 per minute, or portion thereof, for each minute of delay for each train delayed as determined by SCRRA. The maximum cost for rail service interruption will be $1,000.00 for each train per day, and a cumulative daily maximum of $20,000.00 per day. Example: 55 minute delay x 2 trains x $50.00 = $5,500.00 SCRRA Form 37 July 2012 Rules and Requirments for Construction on SCRRA Property METROLINK D. Rail Service Disruption - Actual cost of alternative passenger transportation. Estimated cost can be calculated as $500.00 per bus trip for each bus trip required to transport passengers around the out of- service track as determined by SCRRA. The maximum cost for rail service disruption will be $50,000.00 for one day. The cost will be reduced to $25,000.00 if at least one track is put in operation. Example: 500 passengers / 50 passengers per bus = 10 bus trips, 10 bus trips x $500.00 per bus trip = $5,000.00 The SCRRA damages noted above are additive and cumulative, and there is a possibility that the Contractor could be responsible for more than one type of assessment. Where structures over or adjacent to the tracks are to be demolished the tracks must be -r- tested from N, ,,.� _ damage during the demolition. The Contractor may employ either of the following methods: A. During demolition of a bridge deck or overhead structure, a protection shield must be erected over the track to catch falling debris. The protection shield shall be supported from girders or beams and shall not be lower than the allowed temporary clearance from the top of rail. The deck must be removed by cutting into sections and lifting out. All cranes, hoists, winches, and hardware used in connection with the demolition are to include a factor of safety of 150% in addition to the safe working load of the equipment or hardware. Large pieces of deck or other portions of the structure must be handled individually and must not be allowed to fall on protection shield or onto the ground. B. When an overhead protection shield cannot be installed due to limited clearance or type of superstructure, the track may be protected by timber mats placed over the track structure, subject to approval by SCRRA. Timber mats shall be made in sections such that they may be lifted in and out as a unit quickly. Mats must not rest on ties or rails. Geofabric or canvas must be placed over the track structure to keep the ballast clean. The mats and ballast protection are to extend 25 -ft beyond the existing limits of the overhead bridge or structure. Equipment used in demolition operations may not be operated on or over unprotected track. Blasting will not be permitted to demolish a structure over or within railroad right -of -way. The Contractor shall submit detailed SSWP and plans of the protection shield or the timber mats to the SCRRA Representative for approval prior to the start of demolition. The plans shall also indicate the location and capacity of the proposed cranes and estimated lifting loads. The lifting plans shall be prepared by a Registered Professional Engineer and shall bear his seal and signature. The Contractor shall provide timely communication to the SCRRA Representative when scheduling the demolition - related work so that the representative or their designee may be present during the entire demolition procedure. At any time during demolition activities, the SCRRA Representative may require revisions to the previously approved procedures to address weather, site conditions or other circumstances that may create a potential hazard to rail operations or SCRRA facilities. Such revisions may require immediate interruption or termination of ongoing activities until such time the issue is resolved to the satisfaction of the SCRRA Representative. SCRRA shall not be responsible for any additional costs or time claims necessitated by the above events. SCRRA Forth 37 July 2012 Rules and Requirments for Construction on SCRRA MsTRoUmu 5-2 Excavation and BackfiQ All excavations must be conducted in compliance with applicable law and regulations and, regardless of depth, must be shored when vvkhiD the zone of influence from the n3i|nD8d |02dinO' or when necessary to protect St[U[tU[8S. taC{|id8S' or perS8OD8|. 8hOhDg for excavations must comply with the GCRR4 "Excavation Support Guidelines." Any excavations, holes U[trenches Un the SCRRAright-of-vv8y must be covered, guarded and protected when work ia not actively prosecuted. When leaving work site areas 8tnight and over weekends, the areas must be secured and left in a condition that will ensure that SCRRA employees and other personnel who may bR working or passing through the area are protected from all hazards. All excavations must bebaokfi||Gd as quickly as practicable. The Contractor shall submit a plan showing the limits of all excavations within the Right-of-Way of SCRR-A., and the method Of support when support is required. The Contractor shall not make any excavations on the SCFlRA right-of-way, or within the zone of [8i|nO8d |O@d influence as defined in Figure 2-1 of the GCRR4 "Excavation Support Guide|ines^, until the Contractor's excavation p|8R, its plans and calculations for the suppo�ofth��x��vGtion'and��GVV�»�r�apprDv�dinvvritingby��(�RRA. Open excavation areas Sh3|| be prUteOted per OSHA /�guationa and by walkways with handrai|S no o|oser than 8 feet 8 inches horizontally from the centerline of the D88F8St operating track, if tangent, and S feet O iDoh8S if the track is Curved. Furthermore, the walkways shall be no |eSS than 3 feet wide, and the handrails shall be no less than 3.5 feet high and capable of withstanding 250 pounds of lateral force. The Contractor must cease all work and notify 8CRRAimmediate|y before continuing excavation in the area if obstructions are encountered which do not appear ondrawings. |f the obstruction iso utility and the owner of the utility can be id8Ahfi8d, then the CODt[8CtO[ must also notify the utility owner immediately. The Contractor Sh8!/ not perform any work if there is any doubt about the location Of underground C@b|8S or lines of any kind until the exact location of the underground facilities has been determined. There will ben0 exceptions tothese requirements. The CDnto8CtO[ Sh8/| COOnp8CL all b3Ckfi|| within the SCRRA Right-of-Way to a nnininoU[n Of SO percent Of maximum standard density in accordance with AA8HT0 7-99 orASTK8 D-808. Where it becomes necessary to excavate beyond the normal lines of excavation to remove boulders or other interfering obiacto, the voids remaining after such materials are removed must be back-filled with suitable material approved by S{|RRA. The Dl8t8[i3| obtained from the Project exC8v8bOO may be used as fill 0rb3ckfi||. provided that all organic rnoteria(, rubbish, debris, large rooko, and other deleterious or objectionable materials are removed. Any excess material must be disposed of hauling of-eite. The excess material must not be piled-up or scattered on the right-of-way. The Contractor shall perform excavation and grading oo that the finished surfaces are in uniform planes with no abrupt breaks in surface and having positive drainage on the right-of-way away from the track structure, and to approved catchment areas. 5-3 Shoring and Support of Excavation Ghoring, cribbing and sheeting designed to support excavations or embankments shall be designed to support all lateral forces caused by the earth, vehicular traffio, construction equipment. temporary and permanent otruoturee, and other surcharge loads in the vicinity of the excavation. Support or shoring located on the GCFfR/\ right-of-vvay, or within the zone of influence from railroad |oading, aho|| conform to the SCRF64 Excavation Support Guidelines. Designs for all temporary structures supporting tracka, or excavations adjacent to the tracks and within the zone of influence from railroad |oading, ahm|| include noi|vvay surcharge 8CKRA Form 37 July 2012 Rules and Requirments for Construction on SCRRA Property wE,eouwm loading imposed hvG Cooper E-8O live load. Any excavation adjacent b] track must be covered and provide 8 uniform path and include with standard handrails when work is not actively underway. The Contractor shall submit a detailed SSWP drawings and supporting calculations for any temporary support Of excavation for GCRRA review and 3ppn}v@i For the iOStaU8dDD Of temporary or permanent shoring systems, including soldier piles and lagging, or interlocked S1e8| sheeting on or @di8CeDt to SCRRA'S right-of- way, lateral deflection of the shoring system plus top of rail monitoring is required. The frequency ofmonitoring rnUSt comply with the GCF<RA"EXC8VGUDO Support Guidelines." The DlODitO[iOg program rnUSt identify the SUn/ey |OCatiOnS, 'the distance between the |QC@tiVO p&iDtS, and frequency ofmonitoring b8fOre, during, and after construction. The Contractor rnUSt submit the monitoring pPDgn@nl for the t[8Ck, roadbed, and shoring for review and approval prior to starting work. The monitoring survey data must be collected at the approved frequency and immediately furnished to 'the SCRRA Representative for review. |f8[|RFbA determines that any [DOve[DeDt has occurred in the track Or Supporting structure, GCRR/\will notify the Contractor and the Contractor shall immediately take all necessary steps to correct the movement or settlement. GCRF6A, at its sole discretion, shall have the right fn immediately require all contractor operations to be Ce@SSd. or to have the excavated area immediately backfi||6d. or to pedorrn additional investigations to determine what corrective 8CiiOn is required, Or any combination thereof. SCRRA may modify the survey locations and monitoring frequency as it deems necessary during the Project. Any corrective action required by S{|RRA OF performed by GCRRA, including the monitoring of corrective action Of the Contractor, will be8t the cost and expense Of the Contractor. The C0Dtn3Ct0r nnU81 take SpSCiG( precaution and C8ne' in CODO8CtOO with drilling or driving piles or sheets adjacent to tracks, to provide adequate lateral support for the t[8CkS and the loads which they C3nY, without disturbance of track alignment and surface, and to avoid obStnUCLiOQ track C|88r3nQeS with working equipno8nt, tools or other material. The Contractor shall submit detailed 8GVVP and p|@DS of the [)[i||iOg and Pile [)riving Operations tO the 8CRR/\ Representative for approval prior to the start of drilling and pile driving. Pile driving must be carried Out 80 that it does not interfere O[ endanger train operations. An BC must be present whenever pile driving or drilling is underway in the vicinity of the SCRRAtn8Ch. Equipment must be positioned so that OO part Of rnoChin8 swings over the track or infringes within 254t of the nearest rail without first obtaining permission from SCRRA and SCRRA has established an appropriate work window. Piles must be secured independently of the hammer or vibrator at all dm8S while driving until sufficiently 8OChOr8d in the SOi| such that the pi/8 will stand VvkhOit external support during the completion of the driving. Reinforcing steel cages or other internal structural supports in concrete structures must be designed to withstand all loads imposed in handling and setting. Aorane must remain attached tothe reinforcing steel cage until the reinforcing steel cage is guyed or braced 1m prevent movement unless it can be demonstrated that the cage or support will resist all loads which may be imposed without collapse or failing. Large diameter holes and shafts within the zone of influence from railroad loads must be cased to prevent caving and k]SS of support adjacent tO the tracks. If caving ocCu[s, the hole must innnledi8t8k/ be filled Unb| additional casing can be advanced in the hole before drilling is continued. The face Of all jacking and receiving pits Sh8|| be located outside of the SCRFA right-of-way, or @ minimum Of 25 feet from the center line of the nearest track, measured at right angle to the track, whichever is greater 3CDRA Fonu37 July 2012 Rules and Requirments for Construction SCU0RA MErnouwu unless otherwise approved by8CRRA. The use of trench boxes may be permitted for jacking and receiving phS, hUvv8ve[ trench b0XeS' shields, and hydraulic shores are not acceptable inside the zOD8 Df influence from railroad loading. Design of the temporary supports for the jacking and receiving pits rnUSt be conform to the requirements of the 8CF<RA "Excavation Support Guid8|iOeS." Boring and jacking of casings and other conduits must conform to the requirements ofSCRR4 Engineering Standard EG5001 and EG5002. For any conduit that is bored or j8Ch8d under the t[3Ch' the Contractor rnUSt guarantee the vvo[h against settlement for two years after the completion Of the work, and must furnish a pSdbrmonua bond against failure or settlement of the Soi| around the jacked pipe or casing in the amount shown iR the following table: Casing Diameter Bond Amount Casing Diameter Bond Amount 3611 $135,000 108" $405,000 7211 $270,000 144" $540,000 The Contractor shall submit detailed S8\K/P@nd plans for jacking and boring operations, including the design Of temporary supports for the jacking and receiving pits, to the SCRRA Representative for approval prior to the start of any work. 5.6 Temporary Structures Formwork, f@|Sevv0rk, guying, braong, and other temporary structures must be designed t0 resist GU iDoDOS8d oOOStru{tiUO live and dead |O8dS including wind and seismic loads. Railroad track, StnJCtUPeS, equipment, Or other railroad facilities may not be used t0 secure Or brace temporary or permanent atruCtVmsa during construction. Designs for fo|eevvork above any tracks shall conform to the GCRRA Grade Separation Guidelines and the Caltnans Ra|sevvork Manual. Fa|oevvork over or adjacent ho railroad tracks ehoU meet the requirements in the Ca|trano Fo|aeworh Manual forfa|eeworh over traffic (traffic openings). The additional provisions stipulated the "Guidelines for Design of F8/oew0[k for DtrUCh/reS Over Railroad in Connection with Highway E}n9de Separation {|0n8bDctiOn'^ issued by the Southern Pacific Lines (F@|seworh Memo No. 7) shall be included inall designs offa|sevvurh over SCRRA tracks. Collision posts are required. The Contractor shall eubrnh o detailed SS\8/P and procedure for erecting and removal of the fa|eevvork spans over railroad tracks. Equipment used for the erec[ion, or removal of structures over railroad faoi|itiee, shall have a nnininnVrD |htiDQ C8p@Citv of one hundred-sixty seven percent /167%\ of the lift weight (operational capacity limited to sixty percent (6096) of the tipping |O8d or the boom structural load). The procedure Gh@|| indicate the capacity of cranes, location of cranes with respect to the tracks and estimated lifting loads. The 8C}Ol& Form 37 July 2012 Rules and Requirments for Construction on SCRRA Property METROUtaiK erection procedure must be prepared by a California Registered Professional Engineer and shall bear his or her seal and signature. The procedure must be approved by SCRRA. The Contractor shall furnish, to the SCRRA Representative, four sets of working drawings and a copies of the Contractor's plans illustrating and describing the details of construction affecting SCRRA Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, The Contractor shall also furnish two sets of structural calculations of any falsework, shoring or cribbing. A registered professional engineer licensed to practice in the State of California shall seal and sign all drawings and calculations. The Contractor shall not begin work anti! SCRRA has reviewed and approved the plans. The Contractor shall submit a detailed SSWP and procedure for any crane, mast, or boom operations, on, over, or adjacent to the SCRRA right -of -way to the SCRRA Representative for approval prior to the start of hoisting operations. The Contractor shall submit four (4) copies of the detailed procedure for erection of the proposed structures over or adjacent to SCRRA's tracks or right -of -way. This procedure shall include a plan 3i owing the i "vtJaiiCJi is oil cranes, i iUi IGOi itaiiy ai iU vertically, ope atil iy r a Ii, VVILi i atciyii ig locations shown, including beam placement on ground or truck unloading staging plan. Plan should also include the location of all tracks, other railroad facilities; wires, poles, adjacent structures, or buried utilities that could be affected, showing that the proposed lifts are clear of these obstructions. No crane or equipment may be set on the SCRRA rails or track structure. The following additional information must be included in the submittal as applicable: A. All as -built bridge seats and top of rail elevations shall be furnished to SCRRA Representative for review and verification at least 30 days in advance of construction or erection, to ensure that minimum vertical clearances as approved in the plans will be achieved. Computations must be made for the weight of the materials, articles or equipment being lifted must be submitted. Computations shall be made from plans of the structural members being erected and those plans or sections thereof shall also be included in the submittal; the weight shall include the weight of concrete or other materials including lifting rigging. B. Crane rating sheets showing cranes to be adequate for 167% of the actual weight of the pick. A complete set of crane charts, including crane, counterweight, maximum boom angle, and boom nomenclature is to be submitted. Safety factors that are included by the manufacturer in the crane charts are not to be considered when determining the 167% additional capacity. C. A data sheet shall be prepared listing the type, size and arrangements of slings, shackles, or other connecting equipment. Include copies of a catalog or information sheets for specialized equipment. All specific components proposed for use shall be clearly identified and highlighted in the submitted documents. The safe working load capacity of the connecting equipment shall be 167% above the calculated weight of the pick. Q. A complete written procedure is to be included that describes the sequence of events, indicating the order of lifts and any repositioning or reconnecting of the crane or cranes. E. A time schedule for each of the various stages must be shown as well as a schedule for the entire lifting procedure. The proposed time frames for all critical sub tasks (e.g., performing aerial splices, installing temporary bracing, etc.) shall be furnished so that the potential impact to SCRRA operations may be assessed and eliminated or minimized. F. The names and experience of the key Contractor personnel involved in the operation shall be included in the Contractor's means and methods submission. SCRRA Form 37 July 2012 Lll= _ Rules and Requirments for Construction on SCRRA Property ME-rROLINK G. Design and supporting calculations prepared by the Professional Engineer for items including the temporary support of components or intermediate stages shall be submitted for review. A guardrail or collision post will be required to be installed in a track where a temporary bent is located within fifteen (15) feet from the centerline of that track. H. The proposed erection procedure must be approved by the SCRRA Representative prior to undertaking work on the Project. 1. The Contractor shall provide timely communication to the SCRRA Representative when scheduling the erection - related work so that the SCRRA Representative may be present during the entire erection procedure. J. At any time during construction activities, the SCRRA Representative may require revisions to the previously approved procedures to address weather, site conditions or other circumstances that may create a potential hazard to rail operations or SCRRA facilities. Such revisions may require immediate interruption or termination of ongoing activities until such time the issue is resolved to the satisfaction of the SCRRA Representative. SCRRA shall not be responsible for any additional costs or time claims associated with such revisions. 5.8 Clearances The Contractor must not pile or store any materials, machinery or equipment closer than 25-0'° to the center line of the nearest SCRRA track, and only then with the permission of SCRRA. Materials, machinery or equipment must not be stored or left within 250 feet of any highway railroad at -grade crossings, where storage of the same will interfere with the sight distances of motorists approaching the crossing. Prior to the start of work, the Contractor must establish a storage area with concurrence of the SCRRA representative. Unless shown otherwise on the Contract Drawings and approved by SCRRA, the Contractor shall abide by the following temporary clearances during construction. The Contractor shall not place forms, materials, spoils, or other temporary construction, including bracing or work platforms, within the clear area defined below unless approved in writing by SCRRA: 15' -0" Horizontally at right angles from centerline of nearest track 22' -6" Vertically above the top of the highest rail At no time may the Contractor reduce the minimum clearances required by the California Public Utilities Commission (CPUC) General Order 26 -D, or block or restrict the visibility of any signal or railroad warning device. Any infringement within the clearances established by General Order 26 -D due to the Contractor's operations must be submitted to SCRRA and the operating railroads, and must not be undertaken until approved in writing by SCRRA, and until SCRRA has obtained any necessary authorization from the CPUC for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending approval by SCRRA, the operating railroads, or the CPUC as applicable. In the case of impaired vertical clearance above top of rail, SCRRA will have the option of installing tell -tales or other protective devices SCRRA deems necessary for protection of SCRRA operations. The cost of tell -tales or protective devices will be borne by the Contractor. Reduced temporary construction clearances, which are less than construction clearances defined above, will require special review and approval by SCRRA and, if less than the statutory minimum, the CPUC. Any proposed variance on the specified minimum clearances due to the Contractor's operations shall be submitted to the SCRRA Representative and the Public Agency at least thirty (30) working days in advance of the work. No work shall be undertaken until the variance is approved in writing by the SCRRA Representative. SCRRA Form 37 July 2012 9L Rules and Requirments for Construction on SCRRA METROLINK Parallel to the outer side of each exterior track of multiple operated tracks and On each side of single operated track, an uOObSƒRuCt8d ourdinunum space suitable for trainman's use in walking along trains, extending in width not less than twelve feet (12') perpendicular from centerline of track, must be nnGiOt8iR8d. Any temporary impediments b}walkways and track drainage encroachments or obstructions QUOvv8d during working hours must be covered, guarded and/or protected HS S00n as practicable. VVo|hwoya with railings shall be CDDStFuCteU by the Contractor over open 8xC8V8tiDD 8r8@S when in close proximity of track, and railings shall not be closer than 9' -O" perpendicular from the center line of tangent track or 10' -8" horizontal from CUn/ed track. The Contractor's operations which COntnJ| traffic across or around 8CRRAt][i|ith»S ShnU be coordinated with and approved by both 8CRRAmnd Public Agency, and shall be in compliance with GeCdOn 21408 et seq. of the California Vehicle Code and the California Manual of Uniform Traffic Control Devices (California k8UTCD). TnaMiu control in the vicinity Of highway - railroad grade crossings shall conform to the Section 6G-19 of the California K8UTCD and 8CRR/\ Standard E84301. The Contractor shall perform no work at, or in thBviCiOity of highway-railroad grade CnDs3iDg without the pnBSeOog of railroad E|C' notwithstanding that the work of the r'OA+[8[dOr may not bephySico||y|0o�t�d�nthgS<�RRARight-o�VVdy. The Contractor shall submit detailed temporary traffic control plans to SCRRA for approval prior to start of work requiring traffic oOntnJ|. Contractor shall also obtain approval Of the temporary traffic control plan from the Public Agency having jurisdiction over the public StF88t within the work zone. The Contractor DlUSt COOlp|y with all traffic control signs and other devices within SCRRA facilities, and must observe a maximum speed limit 0f3O mph within the 8CRRARight-of-VV8y. Disregard for posted traffic control signs and devices, or excessive Speed within the SCRRA Right-of-Way may lead to revocation of access for the offending individual. GCRF0\vvi(| not permit temporary at-grade crossings unless obSD|ut8/y DeCSSS8ry and there is no practicable @|t8FD8hve route available to Contractor t0 8CCeSS the Project site. Temporary Cn}SSiDgS, if permitted, must COOfUDn to GCRRA Standard ES4302. All work ot temporary crossings that lies between the rails and within 8.5 feet of the center line of the track on each side must be performed by 8CRRA at the cost and expense of the Contractor. 6'1 Protection ofUnderground Facilities Signal, COnlDluOkc8tk]n' fiber-optic, petroleum, D8tu[8| g3S. electric power and other utilities are present in the 8CRR/\hg . Delays and disruptions to service may cause business interruptions involving |uno of revenue and profits, danger to train operations, and release of potentially hazardous or flammable compounds. The (}Ont[aCtO[ must take special p[eC@UUODS and C@F8 in connection with exCGv8bOg. Shoring, and other subsurface construction tn avoid damage tu subsurface facilities. Before excavating, the COrtn3[tOr 0uS[ determine whether any underground pipe lines, electric vi[8S. or cab|eo, including fiber optic cable oye[emo, are present and located within the Project work onaa by calling the Southern California Underground Service Alert aL811. 8CFlRAia not a member of Underground Service Alert /[)ig/\|erL\ and S{|RR/\ signal and communication lines must be located by contacting the SCFlR\ Signal Department. SCRRA Form 37 July 2012 Rules and Requirments for Construction on SCRRA Property Potholing and subsurface utilities and facilities verification work shall be completed at least 30 days in advance of any 8xC8v@UOO xvO[k within the limits of any construction. The intent of performing potholing and field verification of underground utilities well in 8dv@DQa of any relocation, protection or modification of utilities is to preclude any delays or disruption 3[iSiDQ from utility [8|OoaUoO and allow for redesign and r8iSSUaDCe of plans and Ra|@tBd Contract Documents. Accordingly, any failure On the COOtrGCtO/S part t0 perform the potholing and field verification of utilities within the time frames listed above Sh8|| be sufficient cause to reject any claims by the Contractor for d8|@yS @SSOCi8ted with utility relocations. All underground and overhead wires must b8considered HIGH VOLTAGE and dangerous until verified with the COrDp@Dy having ownership of the line. It is the Contractor's r8Sp0nSibUhv to notify any other companies that have underground utilities in the area and arrange for the |OC8dOO of all underground utilities before excavating. Individual OwDenS Of uUU1i8S may require that on inspector employed by the utility owner be present during any excavation near the utility. In addition to calling the Southern California Underground Service Alert (Dig Alert), the Contractor shall call the SCRR/\S "Call Before You Dig" number e1 least 72 hours prior hO commencing work @t(S09) 85S-41OOo[(0UA\ 858-4112 during nunna| business hours. In CGS8 of emergencies involving SCF{RA signal or communication facilities, the Contractor shall co|| /888\ 440-8791. The 0ign@| and COnnrnUGiC@U0n emergency phone |ine ia staffed 24 hours 8 day, 7 days 8week. |fa telecommunications system is buried anywhere onor near SCRRA right-of-way, the Contractor will C0OFdiO8te with SCRHA and the telecommunication COrnp3ny to or[3Dg8 for relocation or other protection of the system prior to beginning any work on or near SCRRA right-of-way. Notice must be given to the freight railroads and fiber optic companies not less than 72 hours prior to work by calling to permit them to arrange for the location or protection of any lines under their control. It is the responsibility of the Contractor to make arrangements directly with utility companies involving the protection, encasement, reinforcement, [8|UC8[iOD. F8p|8c80ert' removing or abandonment in place of non- railroad facilities affected by the Project. 8CFlFU\ has no obligation t0 supply additional SCRR/\ right-of-way for non-railroad facilities affected by this Project, nor does SCRRA have any obligation to permit OOR railroad facilities to be @b3OdOO8d in place or relocated UD SCRR/\o right-of-way. Any facility U[ utility that crosses 8C0RA right-of-way must be covered under an 8gne8Dl8Ot or license obtained through GCRRA including, without /innitation, any relocation of an 8XiSUOg facility or utility. 8CFlRA will, if required, [B8[raDQe its oonlrnunkcatklnS and signal UD8S. grade crossing warning devices, train aign@!G' tracks and facilities that are in use and Ol8iDt3iO8d by 8CRRAforo8S in COOneCti0R with its operation. This work by the SCRRA will be done by its own forces or by contractors under a continuing contract and is not @ part of the vvO[k under the Contract for the construction of the Project. The Contractor must 8||Ovv sufficient time in its schedule to permit SCRRA to issue the necessary task orders to its contractors order nnateria\, and perform any necessary work. 7'1 Discharge Diochorge, release or spill on the SCRR\ hg of any hazardous eubotmnceo, oil, oetno|euno. constituents, pollutants, cOnt@DliO8OtS. or any hazardous waste is prohibited and Contractor must immediately notify the 8CRRA Representative of any diaoharge, release or spills in exoaae of reportable quantity. The Contractor must not allow SCRF6A Property to become a tnaatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. 8CRjl&Fucm37 July 2012 ei�� Rules and Requirments for Construction on SCRRA Property METROUNK If the Contractor discovers any hazardous vv@Ste' hazardous substance, oetno/eUrn or other dehet8hOUS Dl@teh8[ including any non-containerized CDnnnoodhv or material, on o[ adjacent to the 8CRRA right-of-way, in or Oe@[ any surface water, swamp, wetlands or waterways adjacent to the right-of-way, while performing any work on this Project, the Contractor nnuSƒ immediately: /8\ DOhfv the PUb|)C Agency's Resident Engineer and the SCRF6A Representative, of such discovery; (b) take safeguards necessary to protect its 8Dlp|oyees. sub- contractors, agents and third parties: and (c) exercise due care with respect to the release, including the taking Uf any appropriate measure tO minimize the impact of such release. In addition to the office reviews of construction submittals, site observations will be performed by SCRRA or its designee at significant points during construction as determined by SCF|RA. Site visits to observe the progress of the work may be performed at any time throughout the construction process as deemed necessary by8CRRA. Federal or State representatives may also conduct inspections and tests tO verify compliance with laws and neAU|@tiOnS. 8CRFlA maintains an Efficiency Testing program to verify the effectiveness of the Contractor's compliance with 4SCFR214— Railroad Workplace Safety regulations and SCRRA third party work rules. 8'2 SCRRA Efficiency Tests S{}RRA representatives may make inspections and conduct tests to judge the effectiveness of the Safety training, and CO0p|i8nDe with 8CRRA requirements. The Contractor aho// cooperate with SCRRA, F8d8ne|. and State representatives 8t all times. Disregard for, O[ failure t0 comply with, the requirements of 49 CFR214 — Railroad Workplace Safety r8QuiabOOS, or @CRRA third-party safety r8quiF8[D8DtS may result in the rernnvo| of an offending individual from the GCQRA Right-of-Way. Egregious or repeated disregard for any safety rule or requirement may result in the termination of the [|OOt[3otO['s Right-of-Entry Agreement. 8.3 Scope of Inspections and Observations Inspections by SCRR/\will ba for compliance with SCFlRA standando, guide/inoo, ru|es, and ogneenoanto, and will generally be limited to the vvO[h of the Contractor within OF near the 8CRRA right-of-way. Notwithstanding any inspection or site visit by 8CRRA, responsibility for compliance with the CDDt[8Ct between the Contractor and the Public Agency, local codes and ordinances, 8CRR4 standards and guidelinee, and for the inspection of temporary and permanent work and other work site inSpe[ti0nS, resides with the Public Agency and the Contractor. GCRF6A by its inspections and comments nnukeo no representations and offers no warranty oato the uomp|etenaeo, aocoracy, degree of conformance to codea, compliance with the Contract or local codes or ordinances. 9.0 CLEANING AND RESTORATIO11j .�. I Cleaning of Right-of-Way The Contractor shall, upon CU0p|etiDO of the VvO[h p[O0Dtk/ renlOV8 GU of the COO[raCtO/S tools, implements and other materials whether brought upon the right-of-way by the Contractor O[any sub-contractor, emp|Vyee, oupp|ier, or agent of the Contractor. The Contractor shall also restore the right-of-way of 8CRFA, and make arrangements with GCRRA to restore the ƒnache. vvina |inem, aigna|a, and other faoj}/t/em of SCRRA. The SCKKA Form 37 July 2012 Roles and Requirments for Construction on SCRRA Property METROUNK Contractor shall leave the premises iOa clean and presentable state equal tOVr better than existed at the start of the Project work. All areas must be graded to drain away from the tracks, all fences or other barriers that have been d@nn8gHd during the work, Or removed to facilitate the work, must be replaced with new fencing Of an 8qUiv8|8Ot character. Where the Project improvements intersect the natural f|Ovv Of the runoff, the contractor shall provide facilities for the proper Cn||eCtiOn. conveyance, and disposal of water reaching the interfering improvement. SCRIU\Foom37 July 2012 igiEt��_ Rules and Requirments for Construction on SC RRA Property METROUNK XQ? I Rfffftfel rialUkTj 1 IIII-411111111w. rX*y.(w&1U SECTION DESCRIPTION ARTICLE Section 1 Temporary Right-of-Entry Agreement 1.3 Section 1 Insurance Certificates 1.3 Section 1 Construction Schedule 1.4 Section 1 Weekly Look-Ahead Schedule 1.4 Section 1 Document Control Plan 1.4 1 Section 1 and Inspection Plan 1.4 Section 1 -Testing Site Specific Work Plans 1.4 Section 5 Demolition and Removal Plans 5.1 Section 5 Excavation and Backfill Plans 5.2 Section 5 Shoring and Support of Excavation Plans 5.3 Section 5 Shoring and Support of Excavations Removal Plans 5.3 Section 5 Track Monitoring Plan 5.3 Section 5 Drilling and Pile Driving Plans 5.4 Section 5 Boring and Jacking Plans 5.5 Section 5 Boring and Jacking Track Monitoring Plan 5.5 Section 5 Temporary Structures Plans 5.6 Section 5 Falsework Design Plans 5.6 Section 5 Falsework Erection Plan 5.6 Section 5 Falsework Removal Plan 5.6 Section 5 Hoisting Plans 5.7 Section 5 Clearances 5.8 Section 5 Temporary Traffic Control Plans 5.9 SCRRA Form 37 July 2012 VAPAPAR A IZ s • In SCRRA Form 37 July 2012 I 191 J1 I aQ ZT-11M.14WREeduffelm This Temporary Right-of-Entry Agreement ("Agreement") is between the Southern California Regional Rail Authority (hereinafter referred to as "SCRRA ") and (hereinafter referred to as "(.r)nfrartnr'°) This Agreement is for entry upon, over and Linder SCRRA and Member Agency Right-of-VV_ny ("Right-of-IAInit") at Cr S—th,a— Cafifomi. Regi­.i Rail Aufho,ity SCRRA File No. SCRRA Project/Task No. Subdivision Mile Post Thomas Guide Location near in the City of — or in the Unincorporated County of (as such location is more specifically identified above) for the purpose of (as shown on attached drawings). A. Contractor is an individual, firm, partnership or corporation or combination thereof, private, municipal or public, including joint ventures, which are referred to throughout this document by singular number and masculine gender. For purposes of this agreement, Contractor also includes any subcontractor, supplier, agent or other individual entering the Right-of-Way during performance of work. B. Indemnitees are SCRRA, Member Agencies and Operating Railroad and their respective officers, commissioners, employees, agents, successors and assigns. C. Operating Railroad is/are that specific passenger or freight-related railroad company(s) validly operating on SCRRA and Member Agency track(s). Operating Railroads are any combination(s) of the SCRRA (METROLINK), the National Railroad Passenger Corporation (AMTRAK), the Union Pacific Railroad Company (UPRR) and the BNSF Railway Company. D. Property and Right-of-Way is defined herein to mean the real and/or personal property of SCRRA and/or Member Agencies. E. SCRRA is a five-county joint powers authority, created pursuant to State of California Public Utilities Code Section 130255 and California Government Code Section 6500 et seq., to build and operate the "Metrolink" commuter train system in the five-county area on SCRRA Form 37 July 2012 rail rights-of-ways owned by the Member Agencies. The five-county Member Agencies ("Member Agency") are comprised of the following: Los Angeles County Metropolitan Transportation Authority (MTA), Ventura County Transportation Commission (VCTC), Orange County Transportation Authority (OCTA), San Bernardino Associated Governments (SANBAG), and Riverside County Transportation Commission (RCTC). F. SCRRA Employee-In-Charge (EIC) is a Southern California Regional Rail Authority employee or contractor (SCRRA General Code of Operating Rules and Territory Qualified) providing warning to Public Agency or Contractor personnel of approaching trains or on track equipment and who has the authority to halt work and to remove personnel from the Right-of-Way to assure safe work. G. SCRRA Safety Trainer is a qualified SCRRA employee or contracted employee (SCRRA General Code of Operating Rules qualified) as authorized by the SCRRA Director of Engineering and Construction to provide Contractor training. 2. References When working on the Right-of-Way, the Contractor must comply with the rules and regulations contained in the current editions of the following documents which are "references" incorporated in this document as if they were set out in full in this paragraph. The Contractor, by its signature on this Agreement, acknowledges receipt of these documents and agrees to abide by said rules and regulations at all times when on the Right-of-Way. A. Rules and Requirements for Construction on Railway Property, SCRRA Form No. 37. B. General Safety Regulations for Third Party Construction and Utility Workers on SCRRA Property. I ime am No verbal approvals will be granted. The Contractor shall not enter onto the Right-of-Way unless Contractor has arranged for SCRRA safety training as well as protective services (EIC and/or other protective services to be determined by SCRRA) and has paid all charges and fees. A fully executed copy this Form 6 must be in the possession of the contractor at the job site and must be produced by Contractor upon request by SCRRA, a law enforcement officer or Member Agency's representative. If said Agreement is not produced, SCRRA has the right to suspend work in the Right-of-Way until Contractor demonstrates possession of Agreement at the job site. SCRRA or Member Agency reserves the right to terminate or revoke this temporary Agreement at any time upon two hours notice; however, in the event of an unsafe condition on the Right-of-Way, SCRRA shall have the right to terminate this Agreement immediately, SCRRA Form 37 July 2022 without any advanced notice. Unless subsequently modified, extended, terminated or revoked by SCRRA, this temporary Agreement shall extend until the work authorized hereunder is completed or accepted by SCRRA. In any event, however, the Agreement shall be automatically terminated if or when the insurance that the Contractor is required to maintain hereunder lapses or expires. The Contractor agrees to return the Property to a condition substantially the same as before construction, including replacement, repair, or reinstallation of railroad signs and property. Railroad signs include but are not limited to "No Trespassing", "Speed Limit", "Milepost", "Whistle", "Station Stop" and "Fiber Optics". The Contractor agrees to notify SCRRA, in writing and orally, when use of the Right-of-Way or work is completed (see Section 18 of this Agreement for SCRRA contact). Under no circumstances shall the temporary right of entry provided for under this Agreement be construed as granting to the Contractor or its Subcontractors and agents any right, title or interest of any kind or character in, on or about any Property. Agency, -F 4� L- ; et -of -Way I A I At the request of SCRRA or V " ember Contractor shall remove Irom Me R1911L 01-VVay any employee or other individual who has not completed safety training or otherwise fails to conform to the instructions of SCRRA's or Member Agency's representative in connection with work on the Right-of-Way. Any right of Contractor to enter upon the Right-of-Way shall be suspended until such request of SCRRA or Member Agency is met. Contractors shall defend, indemnify and hold harmless SCRRA and Member Agency against any claim arising from the removal of any such employee or other individual from the Right-of-Way. 5. Indemnification Contractor, on behalf of itself and its employees, subcontractors, agents, successors and assigns, agrees to indemnify, defend, by counsel satisfactory to SCRRA and Member Agency, and hold harmless "Indemnitees", and each of them to the maximum extent allowed by law, from and against all loss, liability, claims, demands, suits, liens, claims of lien, damages (including incidental consequential damages), costs and expenses (including, without limitation, any fines, penalties, judgments, actual litigation expenses and experts' and actual attorneys' fees), that are incurred by or asserted against Indemnitees arising out of or connected in any manner with (i) the acts or omissions of the Contractor or its officers, directors, affiliates, subcontractors or agents or anyone directly or indirectly employed by them or for whose acts the foregoing persons are liable (collectively, "Personnel") in connection with or arising from the presence upon or performance of activities by the Contractor or its Personnel with respect to the Right-of-Way, (ii) bodily and/or personal injury or death of any person (including without limitation employees of Indemnitees) or damage to or loss of use of Property resulting from such acts or omissions of the Contractor or its Personnel or (iii) non- performance or breach by Contractor or its Personnel of any term or condition of this Agreement, in each case whether occurring during the term of this Agreement or thereafter. The foregoing indemnity shall be effective regardless of any negligence (whether active, passive, derivative, joint, concurring or comparative) on the part of Indemnitees, unless caused by the sole negligence or willful misconduct of Indemnitees, and is in addition to any other rights or remedies, which Indemnitees may have under the law or under this Agreement. SCRRA Form 37 July 2012 Claims against the Indemnitees by the Contractor or its Personnel shall not limit the Contractor's indemnification obligations hereunder in any way, whether or not such claims against Indemnitees may result in any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or its Personnel under workers' compensation acts, disability benefit acts or other employee benefit acts or insurance. The provisions of this section shall survive the termination or expiration of this Agreement. To the maximum extent allowed by law, the Contractor releases Indemnitees from and assumes any and all risk of loss, damage or injury of any kind to any person or property, including without limitation, the Property and/or Right-of-Way and any other property of or under the control or custody of, the Contractor or its personnel in connection with any acts undertaken under or in connection with this Agreement. The Contractor's assumption of risk shall include, without limitation, loss or damage caused by defects in any structure or m Iprovements (including easement, lease 01 'license agreements for other existing improvements and utilities) on the Right-of-Way, accident or fire or other casualty on the Right- of-Way or electrical discharge, noise or vibration resulting from SCRRA, Member Agency and Operating Railroad transit operations on or near the Right-of-Way and any other persons or companies employed, retained or engaged by SCRRA or Member Agency. The Contractor, on behalf of itself and its Personnel (as defined in Section 5, "Indemnification") as a material part of the consideration for this Agreement, hereby waives all claims and demands against the Indemnitees for any such loss, damage or injury of the Contractor and/or its Personnel. The Contractor waives the benefit of California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The provisions of this Section shall survive the termination or expiration of this Agreement. 7. Insurance The Contractor, at its sole cost and expense, shall obtain and maintain in full force and effect during the term of this Agreement insurance as required by SCRRA or Member Agency in the amounts, coverage, and terms and conditions specified, and issued by insurance companies as described on Exhibit "A". SCRRA or Member Agency reserve the right, throughout the term of this Agreement, to review and change the amount and type of insurance coverage it requires in connection with this Agreement. Prior to entering the Right-of-Way or performing any work or maintenance on the Right-of-Way, the Contractor shall furnish SCRRA with insurance endorsements or certificates in the form of Exhibit "B", evidencing the existence, amounts and coverage of the insurance and signed by a person authorized by the insurer to bind coverage on its behalf. In most instances, SCRRA and Member Agency do not allow self- insurance; however, if the Contractor can demonstrate assets and retention funds meeting SCRRA and Member Agency self-insurance requirements, SCRRA and Member Agency may in SCRRA's sole and absolute discretion permit the Contractor to self-insure. The right to self- SCRRA Form 37 July 2012 insure with respect to any coverage required hereunder may be granted or revoked at the sole and absolute discretion of SCRRA or any Member Agency. SCRRA or Member Agency shall not be liable for the payment of any premiums or assessments for insurance required to be maintained by the Contractor under this Agreement. Contractor affirms that all subcontractors covered by this Agreement are insured to the same limits required of the Contractor or included in Contractor's policy. Prior to the expiration of any policy, the Contractor shall furnish SCRRA with certificates of renewal or "binders" thereof. Each certificate shall expressly state that such policies shall not be cancelable or otherwise subject to modification except after thirty (30) days prior written notice to SCRRA and Member Agency. The Contractor shall not assign this Agreement or any right hereunder without SCRRA's and Member Agency's prior written consent. The Contractor shall take all steps necessary to assure that its subcontractors comply with the terms and conditions of this Agreement and applicable laws and regulations. The Contractor shall assure that no lien is placed against the Right-of-Way arising from performance of work hereunder by Contractor or any subcontractor, and in the event of such a lien, Contractor shall immediately remove or cause to be removed such lien. 10. Safety Orientation Class is The Contractor and his subcontractors shall be required to attend a SCRRA Safety Orientation Class prior to receiving permission to enter the Right-of-Way. The Contractor shall notify SCRRA's contractor for safety and flagging services at 1-877-452-0205 to arrange for third party safety training. Allow 24 to 72 hours from the request for safety training to arrange the training. Upon completion of safety training, the Contractor shall notify SCRRA's contractor at (714) 920-9037 a minimum of fifteen (15) working days prior to beginning work on the Right-of- Way and secure any protection SCRRA deems necessary. This prior notification does not guarantee the availability of on track safety protection for the proposed date of construction. To the full extent of Paragraph 5 above (indemnification), Contractor agrees to indemnify SCRRA against any and all claims resulting from sickness or any other absence. The Contractor must request and arrange for on track safety protection satisfactory to SCRRA in the following circumstances: A. When the Contractor's work activities are within the right-of-way of SCRRA. B. When the Contractor's work activities are located over or under a track or tracks. SCRRA Form 37 July 2012 VP C. When cranes, pile drivers, drill rigs, concrete pumps, or similar equipment positioned outside of the right-of-way could foul the track in the event of tip-over or other catastrophic occurrence. D. When in the opinion of the SCRRA it is necessary to safeguard the employees, trains, engines and facilities of SCRRA. E. When, any excavation is performed below the elevation of the track sub-grade, or track or other railroad facilities may be subject to movement or settlement. F. When work in any way interferes with the safe operation of trains at timetable speeds. G. When any hazard is presented to railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. H. When clearing, grubbing, grading, or blasting is in proximity to the right-of-way which, in the opinion of 0'CRRPX or representative of an SCRRA Member Agency, may endanger the ririhf_rNf_xA1ay r%r nnarntinnc I. When street construction and maintenance activities, located within the right-of-way or in the vicinity of the highway-rail grade crossing, requiring temporary work area traffic control, which may affect or create unsafe conditions for employees, public, trains and vehicles. The Contractor, and his subcontractors, shall complete SCRRA's Safety Orientation Class, as instructed in Item 10. Upon completion individuals will received a safety sticker which shall be adhered to their hardhat while working on railroad Right-of-Way as proof of completion of safety training. The Contractor agrees to reimburse SCRRA or Member Agency for all cost and expense incurred by SCRRA or Member Agency in connection with said work, including without limitation the expense of engineering plan review, staff costs to process approvals and agreements, safety training, furnishing an SCRRA Railroad Employee and protective services as SCRRA deems necessary. Contractor agrees to reimburse SCRRA for all construction related services including but not limited to installation and removal of falsework beneath tracks, restoration of railroad roadbed and tracks, installation of appropriate protective devices, temporary and permanent repairs of signal or communication equipment, restoration of the Right -of -Way to a condition satisfactory to SCRRA's and Member Agency's representative. The Contractor agrees to reimburse SCRRA or Member Agency actual cost and expense reasonably incurred for all services and work performed in connection with said work, including SCRRA's allocated overhead and fringe benefits. SCRRA will charge the Contractor four hours minimum for the mandatory safety training class and for other services four hours or less in duration. SCRRA will charge the Contractor for eight hours minimum if the Contractor cancels SCRRA services after SCRRA Railroad Employee or SCRRA Safety Training Officer is on site SCRRA Form 37 July 2012 on the day of the appointment. The Contractor also agrees to reimburse SCRRA, Member Agency and /or Operating Railroad for any and all cost and expense incurred as a result of Contractor's work which may result in (i) unscheduled delay to the trains or interference in any manner with the operation of trains, (ii) unscheduled disruption to normal train operation, (iii) unreasonable inconvenience to the public or private user of the system, (iv) loss of revenue and (v) alternative method of transportation for passengers. SCRRA will submit final bills to the Contractor for cost incurred. Prior to commencement of work, the Contractor shall deposit with SCRRA the sum of dollars ($) representing the estimated expense to be incurred by SCRRA and Member Agency in connection with said work. As the work progresses, SCRRA may require additional progress payments as the scope of work changes or becomes clearer. SCRRA may discontinue services to Contractor pending receipt of progress payments. The deposit and progress payments shall be applied to SCRRA's and Member Agency's actual costs and Ax enditi ireS. The Contractor shall hen, responsible to pay any amv+unt exceedii g the above payments upon receipt of notice or invoice by SCRRA. SCRRA shall exercise its best efforts to provide final invoicing to Contractor within 90 days following completion of the work; however, Contractor acknowledges that it shall be responsible for payment of all expenses incurred by SCRRA and Member Agency in connection with the work even if the final invoicing is provided to Contractor thereafter. Upon satisfactory completion of all work, any payments in excess of SCRRA's and Member Agency's costs and expenditures shall be returned to the Contractor within reasonable time. If there is no amount indicated in the blank space provided above for the deposit to be made by the Contractor, and if prior SCRRA written approval is obtained, in lieu of such deposit, Contractor shall cause surety bond to be executed by a reliable surety acceptable to SCRRA and Member Agency, conditioned upon the faithful performance of the provisions of this Agreement. .9 . Temporary traffic control shall be used when a maintenance or construction activity is located on the Right -of -Way or when the activity is located in the vicinity of a highway -rail grade crossing, which could result in queuing of vehicles across the railroad tracks. Temporary traffic control will comply with the current editions of the CA MUTCD, WATCH and SCRRA Engineering Standard ES4301. Refer to SCRRA's "Temporary Traffic Control Guidelines" for further information on definitions, referenced standards, traffic control plans, submittals, traffic control elements and responsibility /authority for temporary traffic control at highway -rail grade crossings. The guidelines provide acceptable alternatives and procedures, which prescribe appropriate temporary traffic control measures at highway -rail grade crossings and are available on the SCRRA website. ( http : / /www.metrolinktrains.com). =U Blom - • SCRRA Form 37 July 2012 Contractor shall immediately notify SCRRA and the appropriate regulatory agency (ies) of any spill, release, discharge or discovery of any hazardous material or contaminants in, on or under the Property. After providing such notice to SCRRA and the appropriate regulatory agency (ies), any contaminated soils or hazardous materials which are spilled, released, discharged or discovered by the Contractor, shall be promptly removed and disposed of by Contractor in accordance with all the applicable laws at Contractor's sole cost and expense. To the extent preexisting contamination or hazardous material, which was not caused or contributed to by Contractor, is discovered or unearthed by Contractor, Contractor shall only be obligated by this provision to removing and disposing of that portion of the contaminated soils or hazardous materials that are unearthed or otherwise disturbed during Contractor's operations. Prior to entry onto the Property, Contractor (s) performing trenching, excavations or soil borings may be required by SCRRA to submit a "Hazardous Materials Work Plan." if required, said plan shall include Contractor's site-specific health and safety plan and any other information that SCRRA may require. Contractor shall ensure that all documentation for transportation or disposal of contaminated soils of hazardous materials is prepared in the Contractor's I name only and that neither SCRRA nor Member Agency shall have any nmennnsikili+ t-%r Iiab;1 4xi +k�r for. (-n+r- A I y � I I ctor shall defend an' inlemn'l- SCRR for any spill, �111L MLY UFLie I il H U IU U U U Iq F\ INFA I U release or discharge of contaminants or hazardous materials by Contractor in connection with activities hereunder in accordance with Section 5 Indemnification (Page 2 of 14) Review and or approval of the plans and calculations by SCRRA shall not relieve the Contractor of responsibility for full compliance with contract requirements, correctness of design drawings and details, proper fabrication and construction techniques and coordination with other government and private permitting agencies, nor shall such review or approval by SCRRA in any way relieve Contractor from, or otherwise modify, Contractors' indemnity obligations (Section 5) or assumption of liability obligations (Section 6). Execution of this right of entry does not imply design warranty or responsible charge on the part of SCRRA engineering employees. The parties expressly agree that SCRRA makes no warranty of any kind and assumes no responsibility therefore. 16. Miscellaneous Wherever the context of this document so requires, words used in the masculine gender shall include the feminine and neuter genders; words used in the neuter gender shall include the masculine and feminine genders; words in the singular shall include the plural; and words in the plural shall include the singular. The Contractor must immediately contact SCRRA in case of accidents, personal injury, defect in track, bridge or signals or any unusual condition that may affect the safe operation of the railroads. The following are SCRRA's emergency numbers: SCRRA Form 37 July 2012 Signal Emergencies and Grade Crossing Problems (888) 446-9721 Metrolink Chief Dispatcher (909) 593-0661 or (888) 446-9715 Metrolink Sheriffs Dispatcher (323) 563-5280 or (323) 563-5000 Signal and Communications Cable Location (909) 859 -4100 or (909) 859-4112 Except as otherwise provided in this agreement, all notices, statements, demands, approvals or other communications to be given under or pursuant to this agreement will be in writing, addressed to the parties at their respective addresses as provided below and will be delivered in person or by certified or registered mail, postage paid or by telegraph or cable, charges pre- paid. SCRRA: Assistant Director, Standards and Design Southern California Regional Rail Authority (SCRRA) 279 East Arrow Highway, Suite A San Dimas, California, 0177 3 . I i - Attn: Mr. Christos Sourmelis - ROW Encroachments Coordinator E-mail: sourmelisc@scrra.net Office Number: (909) 394-3418 Contractor: Contractor's address is shown on the next page. This agreement shall be construed and interpreted in accordance with and governed by the laws of the State of California. Venue shall be located in courts in Los Angeles County. SCRRA Form 37 July 2012 The Contractor hereby agrees to the terms as set forth in this Agreement and hereby acknowledges receipt of this Agreement and of the insurance certificate forms (Exhibits A & B) herein provided. (Name of Contractor) (Address) (Telephone) (Fax) (Signature) (Print Name) (Title) (Contractor's State License No.) (Email) Receipt of the foregoing agreement and certificated of insurance furnished by the Contractor are hereby acknowledged on this day of 20 By: ROW Encroachments Coordinator By: Assistant Director, Standards and Design SCRRA Form 37 July 2012 Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to Property, which may arise from or in connection with the performance of the work by the Contractor, his agents, representatives, employees or subcontractors. Coverage shall be at least as broad as: Z Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Z Insurance Services Office form No- CA 0001 (Ed. 1/87) covering Auto. LiabilitY, code '(any auto). 0 Worker's Compensation insurance as required by the State of CA. & Employer's Liability Insurance. ❑ Course of Construction insurance form providing coverage for "all risks" of loss. 1:1 Property insurance against all risks of loss to any tenant improvements or betterment. ❑ Contractor's Pollution Liability K 3 2 Minimum Limits of Insurance Contractor shall maintain limits no less than: • General Liability: $2,000,000 per occurrence for bodily injury, personal injury and Property damage. • If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: $1,000,000 per accident for bodily injury and Property damage. Fx] Employer's Liability: $1,000,000 per accident for bodily injury or disease. ❑ Course of Construction: Completed value of the project. ❑ Property Insurance: Full replacement cost with no coinsurance penalty provision. ❑ Contractor's Pollution Liability: $1,000,000 per occurrence/$2,000,000 annual aggregate Certificate Holder/Additional Insured Certificate holder and/or insured will be the following: Southern California Regional Rail Authority (SCRRA) Additionally Insured will be the following: Los Angeles County Metropolitan Trans. Auth. (MTA) Orange County Transportation Authority (OCTA) Riverside County Transportation Commission (RCTC) San Bernardino Associated Government (SANBAG) Ventura County Transportation Commission (VCTC) Burlington Northern Santa Fe Corp. (BNSF) Union Pacific Railroad Company (UPRR) National Railroad Passenger Corp. (AMTRAK) SCRRA Form 37 July 2012 N Railroad Protective Liability |nSu[8OC8 The Contractor shall provide, with respect 1O the operations they O[ any Of their subcontractors perform on the Property. Railroad Protective Liability |OSu[8nce. /\AR-A48HTC) 0SO/R!MA\ in the name of the railroads and Member Agencies shown in Section 3 above. The policy Sh3U have limits of |i8bi|kv of not heSS than $2 000|io0 per occurrence, CODlMA8d single Urnit. for coverage and for losses arising out of injury to or death of all persons and for physical k}sS or damage to or destruction of Property, including the loss of use thereof. A $6 million annual aggregate shall apply. If coverage is provided on the London claims-made form, the following provisions shall apply: /\ The |irnhS of liability Sh@U be not less than $3 rniUkJn per occurrence, combined single limit. A$S rDiUinO aggregate may apply. B. Oedaotionz item 6' extended claims made 4-1-, shall -11-- an �ntended claims nade period no shorter than the length of the original policy period plus one year. C. If equivalent or better' wording is not Contained in the policy form, the following endorsement must be included: It is agreed that "physical accidental |oaa of or d8Dl3g8 h3 rolling StOCh and their contents, nneCh@OiC8| C0nStrUCb0n equipment or motive power equipment, c8UnD8d tracks, n]3db8d. C@ten@heS' SigO@|S' bridges or buildings. For certain low-hazard activity, Contractor may request that the SCRRA and Member Agency waive the requirement to provide the R8i|[O@d Protective Liability |OSU[8DCe. If the 8XpOSUnS to the track is physically separated by@building, floor O[G continuous fence (no thoroughfares) and the employees of the Contractor are explicitly notified that they are not permitted to have any contact with the track, the Railroad Protective Liability Insurance requirement may be waived by 8CFlRA'S Manager Public Projects nr his/her designated representative. 5. Deductibles and Self-insured Retentions Any deductibles orselfineured retentions must be declared to and approved by GCRR/\ and Member Agency. At the OotiOD OfSCRR4. either: the insurer shall [edUA8 or eliminate such deductibles orself- insured retentions as respects 8CRFA and Member Aoenoy, its officials and employees or the Contractor shall procure a bond guaranteeing payment of |ooaeo and related inwemtigatione, o|airn administration and defense expenses. O. Other Insurance Provisions The General Liability and Automobile Liability policies are to COOt@iO. or be endorsed to contain, the following provisions: K SCRRA and Member Agency, its subsidiaries, officials and employees are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to SCRRA and Member Agency, its subsidiaries, officials and employees. B. For any dminno related to this project, the Contractor's insurance coverage shall be primary SCRD/\Fonn]7 July 2012 insurance as respects SCRRA and Member Agency, its subsidiaries, officials and employees. Any insurance or self - insurance maintained by SCRRA and Member Agency, its subsidiaries, officials and employees shall be excess of the Contractor's insurance and shall not contribute with it. C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to SCRRA and Member Agency, its subsidiaries, officials and employees. D. The Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to SCRRA and /or Member Agency. Course of Construction policies shall contain the following provisions: A. SCRRA and Member Agency shall be named as loss payee. B. The insurer shall waive all rights subrogation against SCRRA and Member Agency. 7. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise approved by SCRRA and Member Agency. 8. Verification of Covera Contractor shall furnish SCRRA with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by SCRRA. All endorsements are to be received and approved by SCRRA before work commences. As an alternative to SCRRA's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 10. Train Services Approximate daily train traffic is passenger trains and freight trains. 11. Submittal The original insurance policy (s) shall be submitted to: Assistant Director, Standards and Design Southern California Regional Rail Authority (SCRRA) 279 East Arrow Highway, Suite A SCRRA Form 37 July 2012 San Dimas, California S1773 Attn: Mr. Chhstns8ourD8|i8- ROW Encroachments Coordinator E-mail: sounne|iSo@8C[ra.n8t Office Number: (909) 394-3418 DCDRAFornn37 July 2012 EXHIBIT "B" RAILROAD PROTECTIVE LIABILITY POLICY DECLARATION POLICY Insurance Company: Policy Number: Policy Period: From: To: 12:01 am Standard time at location CERTIFICATE HOLDER AND ADDITIONALLY INSURED Certificate Holder/insured: Southern California Regional Rail Authority (SCRRA) 279 E. Arrow Highway, Suite A, San Dimas, CA 91773 Additionally insured: Los Angeles County Metropolitan Transportation Authority (MTA) Burlington Northern Santa Fe Corporation (BNSF) Orange County Transportation Authority (OCTA) Union Pacific Railroad Company (UPRR) Riverside County Transportation Commission (RC TC) National Railroad Passenger Corp. (AMTRAK) San Bernardino Associated Governments (SANBAG) Ventura County Transportation Commission (VCTC) LIMITS OF INSURANCE Aggregate Limit $6,000,000 Each Occurrence Limit $2,000,000 DESCRIPTION OF WORK AND JOB LOCATION(S) NAME AND ADDRESS OF DESIGNATED CONTRACTOR NAME AND ADDRESS OF INVOLVED GOVERNMENT AUTHORITY OR OTHER CONTRACTING PARTY PREMIUM Contract Cost Premium Base Rate per 1,000 of Advance Premium FORM OF ENDORSEMENT Title Number COUNTERSIGNATURE Countersigned by Date (Authorized Representative) SCRRA Form 37 July 2012 a #.I1 -iJIM , CERTIFICATE OF INSURANCE _T ISSUE DATE (MM /DD/YY) Southern California Regional Rail Authority (SCRRA) PRODUCER THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND OR ALTER THIS COVERAGE AFFORDED BY THE POLICY BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER COMPANY B LETTER INSURED COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING II ANY REQUIREMENTS, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DFSCRIBEn HEREIN IS SUBJECT TO ALL THE -TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN; MAY HAVF BEEN RFD[ ]('Fn BY PAIn (.1 AIMS CO TYPE OF IIVSURF4NGE PVLiI. Y PCi T' POLICY LIMITS LTR NUMBER EFFECTIVE EXPIRATION DATE (MM /DD/YY) DATE (MM /DD /YY) GENERAL LIABILITY GENERAL AGGREGATE $ ❑ COMMERCIAL GENERAL PRODUCTS - COMP /OP AGG. $ LIABILITY PERSONAL & ADV. INJURY $ ❑ CLAIMS MADE ❑ OCCUR. EACH OCCURRENCE $ ❑ OWNER'S & CONTRACTOR'S FIRE DAMAGE (Any one fire) $ PROT. MED.EXPENSE $ ❑ OTHER (Any one person) AUTOMOBILE LIABILITY COMBINED $ ❑ ANY AUTO SINGLE LIMIT ❑ ALL OWNED AUTO ❑ SCHEDULED AUTOS BODILY INJURY $ • HIRED AUTOS (Per person) • NON -OWNED AUTOS • GARAGE LIABILITY BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ ❑ UMBRELLA FORM ❑ OTHER THAN UMBRELLA FORM AGGREGATE $ PROPERTY INSURANCE AMOUNT OF INSURANCE $ ❑ COURSE OF CONSTRUCTION WORKER'S COMPENSATION STATUARY LIMITS AND EACH ACCIDENT $ EMPLOYER'S LIABILITY DISEASE- POLICY LIMIT $ DISEASE -EACH EMPLOYEE $ DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS THE FOLLOWING PROVISIONS APPLY: 1. None of the above - described policies will be canceled, limited in scope of coverage or nonrenewed until after 30 days' written notice has been given to SCRRA at the address indicated below. 2. As respects operations of the named insured performed on behalf of SCRRA the following are added as additional insured on all liability insurance policies listed above: SCRRA, its Member Agencies, Operating Railroads, its subsidiaries, officials and employees. 3. It is agreed that any insurance of self- insurance maintained by SCRRA will apply in excess of and not contribute with, the insurance described above. v. SCRRA is named a loss payee on the property insurance policies described above, if any. 5. All rights of subrogation under the property insurance policy listed above have been waived against SCRRA. 6. Any failure by the insured to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to SCRRA, its Member its ts subsidiaries, officials and employees. 7. The worker's compensation insurer named above if any, agrees to waive all rights of subrogation against SCRRA for injuries to employees of the insured resulting from work for SCRRA or use of Member Agencies premises or facilities. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE Southern California Regional Rail Authority (SCRRA) 279 E. Arrow Highway, Suite A, San Dimas, CA 91773 SIGNATURE TITLE ADDITIONAL INSURED PHONE NO. MTA, OCTA, RCTC, SANBAG, VCTC, BNSF, UPRR, AMTRAK SCRRA Form 37 July 2012 FA off '' �' , , W lrs-- s To Construction and Maintenance Agreement II L�1��'L�J_��l ■ hl� � SCRRA Form 37 July 2012 101 A • CPUC Order Authorizing Construction Pedestrian O ` ' • SCRRA Form 37 July 2012 DATE: August 15, 2013 Approval of Agreement for Amusements This staff report requests City Council approval of an Agreement with Christiansen Amusements to provide carnival services for the City's 56th Anniversary Celebration, November 1 through November 4, 2012. Due to budget constrains, once again the City will not be having a parade this year. However, staff is recommending in providing a carnival to the residents of Baldwin Park as part of the City's 56th Anniversary incorporation Celebration. In the past, the City has used the proceeds from the carnival to help underwrite other activities in the city. For the past twenty -four (24) years the department contracts these services through Christiansen Amusements. Staff is pleased with the compensation portion of the proposed agreement. In addition, staff is satisfied with the current carnival operations and has an excellent working relationship with all the associated departments. DISCUSSION Under the proposed Agreement, Christiansen Amusements has agreed for the City to have the exclusive to the food court during the event. All proceeds from the food court will go directly to the Santa Clothes Project, which is expected to generate $2,500. In addition the City will continue to receive 30% of the total gross receipts up to $40,000 and 35% thereafter derived from the operation of the carnival ride activity. Christiansen Amusements also agrees to provide an insurance policy naming the City as additionally insured in the amount of $3 million dollars. In addition, Christiansen Amusements will directly pay for all security required during the event, including additional police coverage in accordance with recommendations from the Chief of Police, Christiansen Amusements agrees to provide 350 unlimited ride tickets to be used either on Thursday, November 1, 2012 or Sunday, November 4, 2012. As in the previous years tickets will be distributed to deserving children in the community through the Home Liaisons at the elementary schools. August 15, 2012 Page two Approval of Agreement for Carnival Services - Christiansen Amusements It is anticipated that the City will generate approximately $12,000 towards the City's general fund and an additional $2,500 to the Santa Clothes Project. Staff recommends that the Cite/ Cni inCil annrn%/ck thin attached agreement nnrl culthorize ­=Y --­ "­- ­.- �J —1 — — --- the Mayor to execute the necessary documents. Attachment: Agreement THIS AGREEMENT is made and entered into this 15th day of August, 2012 by and between the City of Baldwin Park, a general law city (hereafter "CITY ") and Christiansen Amusements, (hereafter "LICENSEE "). The parties hereto do agree as follows: 1. This agreement is made and entered into with respect to the following facts: (a) That CITY is desirous of conducting a festival on Thursday, November 1, 2012 through Sunday, November 4, 2012 inclusive; and (b) That CITY is desirous of featuring a carnival as entertainment for the festival; and (c) The CITY has determined f mil led that LI CE IN S EE is qua l lfled person to pr ovlde suii i ser Vices; a! �d (d) That LICENSEE has agreed to provide such services pursuant to the terms and conditions set forth in th,s Agreement; and (e) That the legislative body of the CITY has determined that the public interest, convenience and necessity require the execution of this Agreement. 2. CARNIVAL. The Carnival shall be conducted commencing on Thursday, November 1, 2012 at 5:00 p.m. through 10:00 p.m.; continuing Friday, November 2, 2012 from 5:00 p.m. through 11:00 p.m. and Saturday, November 3, 2012 from Noon through 11:00 p.m.; and concluding on Sunday, November 4, 2012 from Noon through 10:00 p.m. 3. SITE. (a) CITY shall be responsible for providing the site for the conduct of the Carnival, which shall be on that certain real property described as follows: Morgan Park and the City parking area on Ramona Boulevard; plus the City property at the northeast corner of Main Avenue and Sterling Way which is used for limited LICENSEE vehicle parking. CITY is also responsible for restroom facilities, including portapotties on site, and rubbish dumpster and removal as necessary for the operations of the carnival and festival. (b) LICENSEE shall be responsible for securing and insuring any additional property as necessary for staging and parking of LICENSEE vehicles. 4. The LICENSEE shall be responsible for obtaining all permits and licenses required for the conduct of the Carnival in a timely fashion. Copies of such permits and licenses shall be delivered to the CITY within 24 hours of their approval. 5. CARNIVAL. LICENSEE shall provide at its sole expense: (a) all costs of transportation, lodging and other necessary facilities, food and compensation for all crews necessary to facilitate the conduct of the carnival. Such crews shall include sufficient management staff during the carnival hours to be reasonably available to CITY; and (b) all carnival equipment and accessories thereto, including an independent electrical power supply from LICENSEE'S generators; and (c) power to all community booths as per section 6 and 7 during all hours of booth operation and sufficient to allow for such booths to connect to the power with normal appliances or extension cords; and (d) a minimum of five major rides and five kiddie rides; and (e) advertising for the carnival and festival, including, but not limited to, sending out 100 personalized event posters describing the event and special promotion activities through area businesses; and (f) provide all ticket sellers necessary for the carnival; and (g) waive entrance fees for all children under the age of 12 if accompanied by a paying adult (18 years and older); and monitor entrance to not allow any outside food, drinks or ice chests into the event area. (h) LICENSEE will provide 350 unlimited ride passes to be used either Thursday November 1, 2012 or Sunday November 4, 2012 during designated hours as indicated by LICENSEE. In exchange for this increased product value offered by LICENSEE, the CITY will waive all permit and licenses fees normally charged LICENSEE, except for the $125 fee for the Temporary Use Permit. It is intended that LICENSEE shall provide a full- service Carnival as a part of the festival, which shall consist of the entertainment as described herein. 6. FOOD AND BEVERAGE SALES. CITY will provided and operate, along with local Non - profit and community organizations, all food and beverage booths which is agreed to by LICENSEE. CITY will obtain all Health Department requirements. LICENSEE will provide up to six food /beverage booth spaces approximately 10' x 10' square for CITY booths and LICENSEE will provide electrical power only, no cords or cables, for two of the City booths; CITY will provide power for all remaining booths. 7. GAMES. LICENSEE shall provide games along the midway, which shall be subject to such regulations as determined by, and in accordance with, the recommendations of the CITY'S Police Chief or his designee. LICENSEE shall also provide two game booth set -ups for community groups within the carnival site area at the current market rate paid for by LICENSEE. 8. SECURITY. Security for the festival shall be provided by LICENSEE as determined by, and in accordance with, the recommendations of the CITY'S Police Chief. LICENSEE does hereby agree to save the CITY, the CITY'S Redevelopment Agency, and their respective officers, agents and employees, free and harmless from any claim, demand, action, or judgement arising out of any security provided by CITY. 9. PREPARATION AND CLEANUP. LICENSEE shall have a cleanup crew that will clean the midway each night, and at the close of the event. LICENSEE shall be responsible for any and all damage to grounds, pavement or facilities caused by LICENSEE, his employees, officers, agents or sub - Licensees. 10. Sub - Licensees. LICENSEE shall have the right to license a sub - Licensee, a qualified person, or entity, approved in advance by the CITY, for the purpose of providing the festival with the carnival activities required hereunder. 11. LIABILITY INSURANCE. LICENSEE shall provide directly, and /or through its Sub - Licensees, liability insurance covering all of the activities to be conducted at the Festival, save and except those activities provided by the CITY other than security. The LICENSEE shall provide such liability insurance coverage as approved by the Chief Executive Officer of the CITY and in amounts and in coverage of at least $3,000,000 general liability combined single limit per occurrences for bodily injury, personal injury and property damage and $3,000,000 Employers Liability per accident. All such policies shall contain endorsements, which name the CITY, the CITY'S Redevelopment Agency and their respective authorized and affected officers, employees and agents as additional insured on such policies. LICENSEE shall file with the CITY an Endorsement and a Certificate of insurance evidencing the existence of all required insurance coverage prior to October 25, 2012. Such endorsements and certificates shall provide that neither substantial alteration of the coverage or cancellation of the coverage shall be valid except upon 96 hours prior written notice to CITY by the carrier or carriers. 12. INDEMNIFICATION. To the fullest extent permitted by the law, LICENSEE agrees to indemnify, defend and hold the CITY, the CITY'S Redevelopment Agency, and their respective officers, agents and employees, free and harmless from all liability: (a) on account of any and all claims under Workers Compensation Acts and other employee or his /her subcontractors' or sublicensees employees arising out of LICENSEE'S activities pursuant to this Agreement; and, (b) on account of any and all claims for damages because of personal injury or death, damage to property, or other obligation (s) directly or indirectly arising out of or attributable to, I. i whole or part, the performance i i Idi 61:C Uy Li<sCiVvC` or its sublicensees, subcontractors, dctUi 5, en BpiUyees, or agents it lI the performance of the obligations stated in this Agreement, including, without limitation, attorneys' fees and court costs incurred by CITY, CITY's Redevelopment Agency, or any of their respective officers, agents or employees, as well as payment of any final judgment rendered against CITY, CITY's Redevelopment Agency or any of their respective officers, agents, or employees resulting from any action for which indemnification is required by this Agreement. 13. INDEPENDENT AGENTS. The parties hereto agree that LICENSEE, its agents, employees, consultants, sublicensees, and subcontractors shall act in an independent capacity in the performance of this Agreement, and not as officers, employees or agents of the CITY. 14. OTHER INSURANCE COVERAGE. LICENSEE shall maintain in effect all other types of insurance required by law, including specifically, but not limited to, Worker's Compensation coverage. 15. OBLIGATIONS OF LICENSEE. LICENSEE shall require all sublicenses or subcontractors to comply with all terms and obligations of this Agreement, and specifically shall require all sublicensee and subcontractors to maintain all insurance coverage required pursuant to this Agreement, and to provide the same indemnification to the CITY, the CITY'S Redevelopment Agency and their respective officers, agents and employees, as is required of LICENSEE. 16. TERMINATION. CITY reserves the right to terminate this agreement upon 30 days written notice to LICENSEE. 17. COMPENSATION. CITY shall be entitled to an amount equal to 30% of the total gross receipts up to $40,000 and 35% thereafter derived from the operation of the carnival ride activity. Gross receipts are to be determined based upon cash sales on the grounds and do not include the advance ride book tickets, if used. Payment is to be delivered to the CITY within 5 working days of the conclusion of the Carnival. Additional compensation is to be negotiated in the event CITY provides ticket sales personnel. 18. NOTICES. Notices pursuant to this Agreement shall be in writing and shall be personally served or given by mail. Any notice by mail shall be deemed to have been given when deposited in the United States mail, postage prepaid addressed to the party to be served as follows: To CITY: Manny Carrillo Director Of Recreation &Community Services City Of Baldwin Park 144U3 East Pacific Avenue Baldwin Pa[k, CA 91706 To LICENSEE: Stacy A. Brown President Christiansen Amusements 10330 TiOg8 Lake [>[ (mailing: P. C>. Box 997) Escondido, CA 92029 (Escondido, CA 92033) 19. ATTORNEY'S FEES. In the event that 8hb8[ party hereto fails to comply with any of the terms of this agreement, and the other party commences legal proceedings to enforce any of the terms of this agreement 0[ terminate this agreement, the p[8V8i|iDg p3dv in any such suit shall receive, from the other, 8 reasonable sum including attorney's fee and costs 8S may be established by the court. 20. EXTENT OF AGREEMENT This document represents the entire integrated agreement between CITY and LICENSEE and SUp8[38d9S all prior OegOtiadOOS' [8p[SSent8UOnS or agreements, either written o[oral. This agreement may be amended only by written instrument signed by both CITY and LICENSEE. IN VV|TNE(2QVVHEF�E{]FUl� p8�i�S have ��uS�d this A-,-----+ +- b8 8xOCUt�d 38 hd|Ovv8: DATED: CITY -' |v|8yO[ ATTEST City Clerk LICENSEE President APPROVED AS TO FORM: City Attorney r � THIS AGREEMENT is made and entered into this 15th day of August, 2012 by and between the City of Baldwin Park, a general law city (hereafter "CITY ") and Christiansen Amusements, (hereafter "LICENSEE "). The parties hereto do agree as follows: This agreement is made and entered into with respect to the following facts: (a) That CITY is desirous of conducting a festival on Thursday, November 1, 2012 through Sunday, November 4, 2012 inclusive; and (b) That CITY is desirous of featuring a carnival as entertainment for the festival; and (c) Tha CITY has determined that LICENSEE Is quallfled per son to provide such services: and (d) That LICENSEE has agreed to provide such services pursuant to the terms and conditions set forth In +U ;O Agreement; and (e) That the legislative body of the CITY has determined that the public interest, convenience and necessity require the execution of this Agreement. 2. CARNIVAL. The Carnival shall be conducted commencing on Thursday, November 1, 2012 at 5:00 p.m. through 10:00 p.m.; continuing Friday, November 2, 2012 from 5:00 p.m. through 11:00 p.m. and Saturday, November 3, 2012 from Noon through 11:00 p.m.; and concluding on Sunday, November 4, 2012 from Noon through 10:00 p.m. 3. SITE. (a) CITY shall be responsible for providing the site for the conduct of the Carnival, which shall be on that certain real property described as follows: Morgan Park and the City parking area on Ramona Boulevard; plus the City property at the northeast corner of Main Avenue and Sterling Way which is used for limited LICENSEE vehicle parking. CITY is also responsible for restroom facilities, including portapotties on site, and rubbish dumpster and removal as necessary for the operations of the carnival and festival. (b) LICENSEE shall be responsible for securing and insuring any additional property as necessary for staging and parking of LICENSEE vehicles. 4. The LICENSEE shall be responsible for obtaining all permits and licenses required for the conduct of the Carnival in a timely fashion. Copies of such permits and licenses shall be delivered to the CITY within 24 hours of their approval. 5. CARNIVAL. LICENSEE shall provide at its sole expense: (a) all costs of transportation, lodging and other necessary facilities, food and compensation for all crews necessary to facilitate the conduct of the carnival. Such crews shall include sufficient management staff during the carnival hours to be reasonably available to CITY; and (b) all carnival equipment and accessories thereto, including an independent electrical power supply from LICENSEE'S generators; and (c) power to all community booths as per section 6 and 7 during all hours of booth operation and sufficient to allow for such booths to connect to the power with normal appliances or extension cords; and (d) a minimum of five major rides and five kiddie rides; and (e) advertising for the carnival and festival, including, but not limited to, sending out 100 personalized event posters describing the event and special promotion activities through area businesses; and (f) provide all ticket sellers necessary for the carnival; and (g) waive entrance fees for all children under the age of 12 if accompanied by a paying adult (18 years and older); and monitor entrance to not allow any outside food, drinks or ice chests into the event area. (h) LICENSEE will provide 350 unlimited ride passes to be used either Thursday November 1, 2012 or Sunday November 4, 2012 during designated hours as indicated by LICENSEE. In exchange for this increased product value offered by LICENSEE, the CITY will waive all permit and licenses fees normally charged LICENSEE, except for the $125 fee for the Temporary Use Permit. It is intended that LICENSEE shall provide a full- service Carnival as a part of the festival, which shall consist of the entertainment as described herein. 6. FOOD AND BEVERAGE SALES. CITY will provided and operate, along with local Non - profit and community organizations, all food and beverage booths which is agreed to by LICENSEE. CITY will obtain all Health Department requirements. LICENSEE will provide up to six food /beverage booth spaces approximately 10' x 10' square for CITY booths and LICENSEE will provide electrical power only, no cords or cables, for two of the City booths; CITY will provide power for all remaining booths. 7. GAMES. LICENSEE shall provide games along the midway, which shall be subject to such regulations as determined by, and in accordance with, the recommendations of the CITY'S Police Chief or his designee. LICENSEE shall also provide two game booth set -ups for community groups within the carnival site area at the current market rate paid for by LICENSEE. 8. SECURITY. Security for the festival shall be provided by LICENSEE as determined by, and in accordance with, the recommendations of the CITY'S Police Chief. LICENSEE does hereby agree to save the CITY, the CITY'S Redevelopment Agency, and their respective officers, agents and employees, free and harmless from any claim, demand, action, or judgement arising out of any security provided by CITY. 9. PREPARATION AND CLEANUP. LICENSEE shall have a cleanup crew that will clean the midway each night, and at the close of the event. LICENSEE shall be responsible for any and all damage to grounds, pavement or facilities caused by LICENSEE, his employees, officers, agents or sub - Licensees. 10. Sub - Licensees. LICENSEE shall have the right to license a sub - Licensee, a qualified person, or entity, approved in advance by the CITY, for the purpose of providing the festival with the carnival activities required hereunder. 11. LIABILITY INSURANCE. LICENSEE shall provide directly, and /or through its Sub - Licensees, liability insurance covering all of the activities to be conducted at the Festival, save and except those activities provided by the CITY other than security. The LICENSEE shall provide such liability insurance coverage as approved by the Chief Executive Officer of the CITY and in amounts and in coverage of at least $3,000,000 general liability combined single limit per occurrences for bodily injury, personal injury and property damage and $3,000,000 Employers Liability per accident. All such policies shall contain endorsements, which name the CITY, the CITY'S Redevelopment Agency and their respective authorized and affected officers, employees and agents as additional insured on such policies. LICENSEE shall file with the CITY an Endorsement and a Certificate of insurance evidencing the existence of all required insurance coverage prior to October 25, 2012. Such endorsements and certificates shall provide that neither substantial alteration of the coverage or cancellation of the coverage shall be valid except upon 96 hours prior written notice to CITY by the carrier or carriers. 12. INDEMNIFICATION. To the fullest extent permitted by the law, LICENSEE agrees to indemnify, defend and hold the CITY, the CITY'S Redevelopment Agency, and their respective officers, agents and employees, free and harmless from all liability: (a) on account of any and all claims under Workers Compensation Acts and other employee or his /her subcontractors' or sublicensees employees arising out of LICENSEE'S activities pursuant to this Agreement; and, (b) on account of any and all claims for damages because of personal injury or death, damage to property, or other obligation(s) elrectly or Ind.rect,y arising Cut Ct Cr attributable to, .n whole or part, the performance by Llr'cnlCCC or its sublicensees, subcoi tractors, employees, Cr agents iris the e� N' avaeaaueivv vt_a wi_i_ a performance of the obligations stated in this Agreement, including, without limitation, attorneys' fees and court costs incurred by CITY, Ci T Y's Redevelopment Agency, or any of their respective officers, agents or employees, as well as payment of any final judgment rendered against CITY, CITY's Redevelopment Agency or any of their respective officers, agents, or employees resulting from any action for which indemnification is required by this Agreement. 13. INDEPENDENT AGENTS. The parties hereto agree that LICENSEE, its agents, employees, consultants, sublicensees, and subcontractors shall act in an independent capacity in the performance of this Agreement, and not as officers, employees or agents of the CITY. 14. OTHER INSURANCE COVERAGE. LICENSEE shall maintain in effect all other types of insurance required by law, including specifically, but not limited to, Worker's Compensation coverage. 15. OBLIGATIONS OF LICENSEE. LICENSEE shall require all sublicenses or subcontractors to comply with all terms and obligations of this Agreement, and specifically shall require all sublicensee and subcontractors to maintain all insurance coverage required pursuant to this Agreement, and to provide the same indemnification to the CITY, the CITY'S Redevelopment Agency and their respective officers, agents and employees, as is required of LICENSEE. 16. TERMINATION. CITY reserves the right to terminate this agreement upon 30 days written notice to LICENSEE. 17. COMPENSATION. CITY shall be entitled to an amount equal to 30% of the total gross receipts up to $40,000 and 35% thereafter derived from the operation of the carnival ride activity. Gross receipts are to be determined based upon cash sales on the grounds and do not include the advance ride book tickets, if used. Payment is to be delivered to the CITY within 5 working days of the conclusion of the Carnival. Additional compensation is to be negotiated in the event CITY provides ticket sales personnel. 18. NOTICES. Notices pursuant to this Agreement shall be in writing and shall be personally served or given by mail. Any notice by mail shall be deemed to have been given when deposited in the United States mail, postage prepaid addressed to the party to be served as follows: To CITY: Manny Carrillo Director of Recreation & Community Services City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 To LICENSEE: Stacy A. Brown President Christiansen Amusements 10330 Tioga Lake Dr. (mailing: P. O. Box 997) Escondido, CA 92029 (Escondido, CA 92033) 19. ATTORNEY'S FEES. In the event that either party hereto fails to comply with any of the terms of this agreement, and the other party commences legal proceedings to enforce any of the terms of this agreement or terminate this agreement, the prevailing party in any such suit shall receive, from the other, a reasonable sum including attorney's fee and costs as may be established by the court. 20. EXTENT OF AGREEMENT. This document represents the entire integrated agreement between CITY and LICENSEE and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by written instrument signed by both CITY and LICENSEE. IF,] \AAITAII° I 1 I'S 1—/'S I— iL .. 11:® n _.._ i a_ a__ x® IF,] VVi i [NESS GVnErCGVi t1ie parties have caused Lill lAg eemenl o be executed as follows: DATED: CITY by: Mayor ATTEST City Clerk WNWINW5 By: g =� President G jo C OVAA-NN- IV2EelI el kVA City Attorney e /// t k0 W117t ftl _ • - r r • - - • _ Agency • the Community Development C• 1 .Qpion Vijay Singhal, Chief Executive Off Lorena Quijano, Director of Finan • S&IKOW M Baldwin SUBJECT: Resolution No. 2012-33 and Resolution No. SA 2012-003 in regards to a loan from the Cifu nf Pavment of • • of ) 1 13 Enforceab Obliaations To request consideration of Resolutions approving a loan ( "Loan ") from the City of Baldwin Park to the Successor Agency ( "Successor Agency ") up to $363,058 in order to provide the necessary funds to pay a portion of Fiscal Year 2012 -2013 enforceable obligations of the Successor Agency (Attachment A and B). BACKGROUND /DISCUSSION Prior to being dissolved, the Successor Agency received property tax (tax increment monies) on a monthly basis (except for September and October) and was able to pay its debt service requirements on a timely basis. The Successor Agency was able to pool available cash amongst the project areas for the debt service and would reimburse itself as the monies came in throughout the year. Per ABx1 26, the Successor Agency will only receive property taxes every six months. The Agency received its first disbursement on June 1, 2012; it was suppose to cover monies due from February to May 2012; however, the amount received was lower than expected and the SuccessorAgency did not receive sufficient funds to cover all of the obligations as listed on the approved Recognized Obligation Payment Schedule (BOPS). Due to the insufficient monies received and the timing differences in the receipt of future revenues (property tax revenues from June to December 2012 will not be received until January 2093), the Successor Agency will not have enough funds to pay for its enforceable obligations on a monthly basis. AB 1484, which was recently passed on June 27, 2012, authorized cities to loan successor agencies monies, as long as the obligation is reflected in the ROPS and approved by the Oversight Board. If approved by the City, Successor Agency, and Oversight Board, the loan to the Successor Agency up to $363,058 would be repaid from future property tax revenues received from the County of Los Angeles. City and Successor Agency Loan August 15, 2012 Page 2 of 2 As noted above, because of the timing of anticipated revenues, the Successor Agency does not have enough cash on a monthly basis to meet its enforceable obligations. Once approved, payments will be made by the Successor Agency from property taxes received during the month of January and June 2013. It is recommended the City of Baldwin Park and the Successor Agency adopt Resolution No. 2012 -33 entitled, "A RESOLUTION OF THE CITY OF BALDWIN PARK PROVIDING A LOAN TO THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION TO PAY A PORTION OF THE FISCAL YEAR 2012 -2013 ENFORECABLE OBLIGATIONS "; and Resolution No. ♦ RESOLUTION L D. AGENCY FROM THE CITY OF BALDWIN PARK TO PAY A PORTION OF THE FISCAL YEAR 2012- 2013 ENFORECABLE OBLIGATIONS." ATTACHMENT A- Resolution No. SA 2012 -003 B- Resolution No. 2012 -33 E1 U*4jm-IT;1M Resolution No. SA 2012-003 • • • � 1 t1 WHEREAS, On May 2, 2012, the Successor Agency to the Baldwin Park Community Development Commission (the "Successor Agency ") approved the FY 2012- 2013 Administrative Budget and on May 8, 2012, the Oversight Board approved the Administrative Budget for FY 2012 -2013; and WHEREAS, On May 8, 2012, the second Recognized Obligation Payment Schedule (ROPS) for the Successor Agency for the period of June 30, 2012 through December 31, 2012 was adopted by the Oversight Board; and WHEREAS, AB 1484 Section 34173(h) of the Health and Safety Code authorizes the Successor Agency to borrow money or accept grants for administrative costs, enforceable obligations, or project - related expenses at the city's discretion, but the receipt and use of these funds shall be reflected on the Recognized Obligation Payment Schedule or the administrative budget and therefore are subject to the oversight and approval of the oversight board. An enforceable obligation shall be deemed to be created for the repayment of those loans; WHEREAS, due to timing issues, the Successor Agency is requiring a loan from the City of Baldwin Park to meet its FY 2012 -2013 enforceable obligations. WHEREAS, the Fiscal Year 2012 -2013 Loan Agreement documenting such loan is attached hereto as Exhibit "A" and by this reference incorporated herein (the "Loan Agreement "). NOW, THEREFORE, BE IT HEREBY RESOLVED, DETERMINED AND ORDERED BY THE SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT COMMISSION AS FOLLOWS: SECTION 1. The City agrees to loan the Successor Agency up to $363,058 which is the amount approved in the Administrative Budget by the Successor Agency and the Oversight Board, to cover a portion of the enforceable obligations for FY 2012 -2013; SECTION 2. The Successor Agency agrees to repay the loan from property tax received from the County of Los Angeles by June 30, 2013, or as soon as enough property tax monies are made available to the Successor Agency. SECTION 3. The Successor Agency agrees to pay interest to the City of Baldwin Park per annum at rate equal to the California Local Agency Investment Fund (LAIF) annual rate; ATTACHMENT A SECTION 4. The Executive Director is hereby authorized to execute the Loan Agreement attached hereto as Exhibit "A" and all necessary documents to carry out the purpose and effect of this resolution. PASSED AND ADOPTED this 15th day of AUGUST, 2012 Manuel Lozano, Chair FWATA I I ,I STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF UA M%Av ,IKN PARK 1, ALEJANDRA AVILA, Secretary of the Successor Agency to the Community Development Commission, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the Successor Agency at a regular meeting thereof held on August 15, 2012, by the following vote: FA FAI 00 'IMM, A 0, ALEJANDRA AVILA SECRETARY TO THE COMMUNITY DEVELOPMENT COMMISSION EXHIBIT "A" 4MOMM4_2 M-111i NE1 11 THIS AGREEMENT is entered into effective August 15, 2012, by and between the City of Baldwin Park, municipal corporation, (the "City"), and the Successor Agency to the Community Development Commission ("Successor Agency"), a public body, corporate and politic (the "Commission"). 1A n n *:ZA I f nnri Section the Health ­ Safety Code as 1A WH ERE1,%%.0 f-A" t84 S K-, %, i. i %j i I 1 7 1 i 1� the Successor Agency to borrow money or accept grants for administrative costs, enforceable obligations, or project-related expenses at the city's discretion, but the receipt and use of these funds shall be reflected on the Recognized Obligation Payment Schedule or the administrative budget and therefore are subject to the oversight and approval of the oversight board. An enforceable obligation shall be deemed to be created for the repayment of those loans. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the parties hereto agree as follows: COVENANTS SECTION 1. Amount of Loan. The City and Successor Agency acknowledge the City will loan the Successor Agency up to $363,058 for FY 2012-2013, in order to allow the Successor Agency to wind down the affairs of the Successor Agency and pay a portion of its enforceable obligations. SECTION 2. Disbursement of Funds. The City acknowledges that will disburse the Loan as requested by the Successor Agency during the year. The Successor Agency will use such proceeds only for the purposes provided for in the approved ROPS as adopted by both the Successor Agency and the Oversight Agency. SECTION 3. Interest. The Successor Agency agrees to pay the City interest per annum at rate equal to the California Local Agency Investment Fund (LAIF) annual rate. SECTION 4. Repayment. The Successor Agency agrees to repay the loan from property tax received from the County of Los Angeles by June 30, 2013, or as soon as enough property tax monies are made available to the Successor Agency. City of Baldwin Park By Vijay Singhal, Chief Executive Officer Successor Agency to the City of Baldwin Park -2 Vijay Singhal, Executive Director Effit-IMM-1;IIII Resolution No. 2012-33 w. 1 ,. Wc �• i ■� WHEREAS, On May 2, 2012, the Successor Agency to the Baldwin Park Community Development Commission (the "Successor Agency ") approved the FY 2012- 2013 Administrative Budget and on May 8, 2012, the Oversight Board approved the Administrative Budget for FY 2012 -2013; and WHEREAS, On Mav 8, 2012, the second Recognized Obligation Payment Schedule (ROPS) for the Successor Agency for the period of June 30, 2012 through December 31, 2012 was adopted by the Oversight Board; and WHEREAS, AB 1484 Section 34173(h) of the Health and Safety Code authorizes the Successor Agency to borrow money or accept grants for administrative costs, enforceable obligations, or project - related expenses at the city's discretion, but the receipt and use of these funds shall be reflected on the Recognized Obligation Payment Schedule or the administrative budget and therefore are subject to the oversight and approval of the oversight board. An enforceable obligation shall be deemed to be created for the repayment of those loans; WHEREAS, due to timing issues, the Successor Agency is requiring a loan from the City of Baldwin Park to meet its FY 2012 -2013 enforceable obligations. WHEREAS, the Fiscal Year 2012 -2013 Loan Agreement documenting such loan is attached hereto as Exhibit "A" and by this reference incorporated herein (the "Loan Agreement "). NOW, THEREFORE, BE IT HEREBY RESOLVED, DETERMINED AND ORDERED BY THE CITY OF BALDWIN PARK AS FOLLOWS: SECTION 1. The City agrees to loan the Successor Agency up to $363,058 which is the amount approved in the Administrative Budget by the Successor Agency and the Oversight Board, to cover a portion of the enforceable obligations for FY 2012 -2013; SECTION 2. The Successor Agency agrees to repay the loan from property tax received from the County of Los Angeles by June 30, 2013, or as soon as enough property tax monies are made available to the Successor Agency. SECTION 3. The Successor Agency agrees to pay interest to the City of Baldwin Park per annum at rate equal to the California Local Agency Investment Fund (LAIF) annual rate; 1 ATTACHMENT A SECTION 4. The Chief Executive Officer is hereby authorized to execute the Loan Agreement attached hereto as Exhibit "A" and all necessary documents to carry out the purpose and effect of this resolution. • 11 ;111 TDT man I Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWINI PARK 1, ALEJANDRA AVILA, 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 August 15, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK EXHIBIT "A" THIS AGREEMENT is entered into effective August 15, 2012, by and between the City of Baldwin Park, municipal corporation, (the "City "), and the Successor Agency to the Community Development Commission ( "Successor Agency ") a public body, corporate and politic (the "Commission "). WHEREAS AB 1484 Sectinn 341731Vhl of the Health anti Safety Coria ae athorizes W. the Successor Agency to borrow money or accept grants for administrative costs, enforceable obligations, or project- related expenses at the city's discretion, but the receipt and use of these funds shall be reflected on the Recognized Obligation Payment Schedule or the administrative budget and therefore are subject to the oversight and approval of the oversight board. An enforceable obligation shall be deemed to be created for the repayment of those loans. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the parties hereto agree as follows: COVENANTS SECTION 1. Amount of Loan. The City and Successor Agency acknowledge the City will loan the Successor Agency up to $363,058 for FY 2012 -2013, in order to allow the Successor Agency to wind down the affairs of the Successor Agency and pay a portion of its enforceable obligations. SECTION 2. Disbursement of Funds. The City acknowledges that will disburse the Loan as requested by the Successor Agency during the year. The Successor Agency will use such proceeds only for the purposes provided for in the approved ROPS as adopted by both the Successor Agency and the Oversight Agency. SECTION 3. Interest. The Successor Agency agrees to pay the City interest per annum at rate equal to the California Local Agency Investment Fund (LAIF) annual rate. SECTION 4. Repayment. The Successor Agency agrees to repay the loan from property tax received from the County of Los Angeles by June 30, 2013, or as soon as enough property tax monies are made available to the Successor Agency. City of Baldwin Park Successor Agency to the City of Baldwin Park By By: Vijay Singhal, Chief Executive Officer Vijay Singhal, Executive Director FFTT�rfrlii, see Wwst This report requests City Council self- certification of compliance with the Los Angeles County Congestion Management Program. BACKGROUND /DISCUSSION In 1992, the Congestion Management Program (CMP) forged new ground in linking transportation, land use and air quality decisions for one of the most complex urban areas in the Country. The CMP has been continuously updated as a result of a voter - approved initiative (Proposition 111); however, the most recent update was approved by the MTA Board in July 2004. The state legislature requires the MTA to annually monitor and determine that local jurisdictions are in compliance with the CMP. A self - certification process has been established by the MTA to simplify the process for both the local jurisdictions and the MTA. The City's Planning Division has been tracking development projects in accordance with the CMP Deficiency Plan process since 1994. However, as part of the approval of the 2003 Short Range Transportation Plan, the MTA Board authorized a nexus study to evaluate the feasibility of implementing a congestion mitigation fee and, as a result, the requirements for maintaining a positive credit balance have been suspended. Attached to Resolution 2012 -030 is a copy of the City's Local Implementation Report (LIR) for the reporting period of June 1, 2011 to May 31, 2012. The report shows development activity for residential, commercial, and non - retail development sectors. The balance was arrived at by subtracting the new development adjustments (i.e. demolitions) and any exempted development activity from the sum of all new development. CMP2U12UR August 15.2U12 Pune2of2 ATTACHMENTS 0 Attachment #1, Resolution 2012-030 with 2012 CMP Local Implementation Report Report Prepared by: Amy L. Harbin, AICP, City Plan*94-- RoportoxCMPLR12.doc C:\Amy\AMY\WORD \Reports \Council Reports \CMPLIR12.doc RESOLUTION 2012-030 A RESOLUTION OF THE CITY OF BALDWIN PAR�HVA FINDING THE CITY • BE IN CONFORMANCE WITH THE CONGESTION MANGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPOR! IN ACCORDANCE WITH CALIFORNIA GOVERNMEN I CODE SECTION 65089. WHEREAS, CMP statute requires the Los Angeles County Metropolitan Transportation Authority "'LACM-1rA"" I , acting as the Congestion Management Agency k for Los Angeles County, to annually determine that the County and cities within the County are conforming to all CMP requirements; and WHEREAS, LACMTA requires submittal of the CMP Local Development Pnnnrf by September 1 of each year; and Report ��FL lil I - each WHEREAS, the City Council held a noticed public hearing on August 15, 2012. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City has taken all of the following actions, and that the City is in conformance with all applicable requirements of the 2010 CMP adopted by the LACMTA Board on October 28, 2010. a) The City has locally adopted and continues to implement a transportation demand management ordinance, consistent with the minimum requirements identified in the CMP Transportation Demand Management chapter. b) The City has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program chapter. c) The City has adopted a Local Development Report, attached hereto and made a part hereof, consistent with the requirements identified in the 2010 CMP. This report balances traffic congestion impacts due to growth within the City with transportation improvements, and demonstrates that the City is meeting its responsibilities under the Countywide Deficiency Plan consistent with the LACMTA Board adopted 2003 Short Range Transportation Plan. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution to the Los Angeles County Metropolitan Transportation Authority. ADOPTED this 15th day of August, 2012. MANUEL LOZANO, MAYOR F.Iffin-f-11M A L E J A N D RA AN/ 1 LA. CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2012-030 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on August 15, 2012 by the following vote: AYES: MEMBER: 1, UNT: &3111111111111111 8 10 LTA 1 00 1 FAJO *JQ ALEJANDRA AVILA CITY CLERK ENTER JURISDICTION NAME Date Prepared: July 30, 2012 2012 CMP Local Development Report Reporting Period: JUNE 1, 2011 - MAY 31, 2012 A 0 MWAV97 �kk� IMPORTANT: All 'Walue!" cells on this page are automatically calculated. Please do not enter data in these cells. DEVELOPMENT TOTALS RESIDENTIAL DEVELOP Single Family Residential Multi-Family Residential Group Quarters COMMERCIAL DEVELOPMENT ACTIVITY Commercial (less than 300,000 sq.ft.) Commercial (300,000 sq.ft. or more) Freestanding Eating & Drinking NON-RETAIL DEVELOPMENT ACTIVITY Lodging Industrial Office (less than 50,000 sq.ft.) Office (50,000-299,999 sq.ft.) Office (300,000 sq.ft. or more) Medical Government Institutional/Educational University (# of students) OTHER DEVELOPMENT ACTIVITY ENTER IF APPLICABLE ENTER IF APPLICABLE EXEMPTED DEVELOPMENT TOTALS Exempted Dwelling Units Exempted Non-residential so. ft. (in 1.000s Dwelling Units 24.00 10.00 0.00 1,000 Net Sq.Ft. 2 1.72 0.00 0.00 1.000 Net Sa.Ft . 2 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Daily Trips 0.00 0.00 U in Page 1 2. Net square feet is the difference between new development and adjustments entered on pages 2 and 3. ENTER JURISDICTION NAME Date Prepared: July 30, 2012 2012 CMP Local Development Report Reporting Period: JUNE 1, 2011 - MAY 31, 2012 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." PART 1:: NEW DEVELOPMENT AOTIVITY RESIDENTIAL DEVELOPMENT ACTIVITY Category Dwelling Units Single Family Residential 24.00 Multi-Family Residential 10.00. Group Quarters 0.00 I COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet lCommercial (less than 300,000 sq.ft.) 5.051 Commercial (300,000 sq.ft. or more) 0.00 Freestanding Eating & Drinking 0.00 NON-RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 0.00 Office (less than 50,000 sq.ft.) 0.00 Office (50,000-299,999 sq.ft.) 0.00 Office (300,000 sq.ft. or more) 0.00 Medical 0.00 Government 0.00 Institutional/Educational 0.00 University (# of students) 0.00 OTHER DEVELOPMENT ACTIVITY Description (Attach additional sheets if necessary) Daily Trips (Enter "0" if none) ENTER IF APPLICABLE 0.003 ,ENTER IF APPLICABLE 0.001 Page 2 ENTER JURISDICTION NAME Date Prepared: July 30, 2012 2012 CMP Local Development Report Reporting Period: JUNE 1, 2011 - MAY 31, 2012 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." 'PART 2" NEW DVEL0PM8NT AOjU$TM8NT$ IMPORTANT: Adjustments may be claimed only for 1) development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any structure with the reporting period. RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Dwelling Units Single Family Residential 0.00 Multi-Family Residential 0.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial (less than 300,000 sq.ft.) 3.33 Commercial (300,000 sq.ft. or more) 0.00 Freestanding Eating & Drinking 0.00 NON-RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 0.00 Office (less than 50,000 sq.ft.) 0.00 Office (50,000-299,999 sq.ft.) 0.00 Office (300,000 sq.ft. or more) 0.00 Medical 0.00 Government 0.00 Institutional/Educational 0.00 University (# of students) 0.00 OTHER DEVELOPMENT ACTIVITY Description (Attach additional sheets if necessary) Daily Trips (Enter "0" if none) ENTER IF APPLICABLE ,ENTER IF APPLICABLE 0.00 Page 3 ENTER JURISDICTION ,, Local 2012 CMP - • • ment Repo Reporting Period: JUNE 1, 2011 - MAY 31, 2012 Date Prepared: July 30, 2012 (Enter data for all cells labeled "Enter." If there are no data for that categorv, enter "0." 1 (NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS) Low/Very Low Income Housing High Density Residential Near Rail Stations Mixed Use Developments Near Rail Stations Development Agreements Entered into Prior to July 10, 1989 Reconstruction of Buildings Damaged due to "calamity" Reconstruction of Buildings Damaged in Jan. 1994 Earthquake Total Dwelling Units Total Non - residential sa. ft. (in 1.000s) Cl Dwelling Units 0 Dwelling Units 0 1,000 Gross Square Feet 0 Dwelling Units 0 1,000 Gross Square Feet 0 Dwelling Units 0 1,000 Gross Square Feet 0 Dwelling Units 0 1,000 Gross Square Feet 0 Dwelling Units 0 Page 4 Exempted Development Definitions: 1. Low/Very Low Income Housing: As defined by the California Department of Housing and Community Development as follows: - Low- Income: equal to or less than 80% of the County median income, with adjustments for family size. - Very Low - Income: equal to or less than 50% of the County median income, with adjustments for family size. 2. High Density Residential Near Rail Stations: Development located within 1/4 mile of a fixed rail passenger station and that is equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre is automatically considered high density. 3. Mixed Uses Near Rail Stations: Mixed -use development located within 1/4 mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed use development is used for high density residential housing. 4. Development Agreements: Projects that entered into a development agreement (as specified under Section 65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989. 5. Reconstruction or replacement of any residential or non - residential structure which is damaged or destroyed, to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity. 6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and where the local jurisdiction is precluded from exercising any approval /disapproval authority. These locally precluded projects do not have to be reported in the LDR. 9 r �pl SUBJECT: Addition of Chapter 126 to the Baldwin Park Municipal Co Establishing New Regulations requiring Refuse Receptacles at t Terminus of Drive-throuqh Eatinq This report requests the City Council consider adding Chapter 126 to the Baldwin Park Municipal Code (BPMC) adding definitions and provisions for drive - through trash receptacles at the terminus of vehicular drive - throughs. Recently, the City Council has expressed concern regarding the continued problem of accumulated litter within and at the end of drive - through lanes. While drive - through facilities offer various conveniences to customers, the presence of litter is a public nuisance and contributes to a decline in the quality of life. Recently, there has been a proliferation of the accumulation of litter at the end of drive - through facilities, specifically those associated with an eating establishment. The lack of drive - through trash receptacles at the end of drive - through lanes contributes to the presence of litter and is damaging to the businesses, tends to reduce property values and is a source of blight. On May 16, 2012 staff presented a staff report to consider adoption of a Municipal Code amendment requiring trash receptacle to be located at each drive through of an eating establishment within the City. During the public hearing portion of the item presentation, representatives from Starbucks voiced a concern stating that Starbucks had conducted studies and discovered that the presence of a trash receptacle at the end of a drive - through lane generates more trash in the drive - through lane than without. Furthermore, one of the Starbucks representatives stated that it was against the Los Angeles County Health Code to have a trash receptacle within close proximity of the drive - through pickup window. Therefore the City Council postponed decision until further information was obtained. In the following weeks, staff contacted the Los Angeles Department of Environmental Health and spoke to Mr. William Gardner, Senior Inspector to inquire about health regulations related to drive through trash receptacles. LA County Environmental Health Ordinance 1352 August 16, 2012 Paae 2 of 4 informed staff that there is no Health Code which prohibits a trash receptacle from being in close proximity to the drive-through window. Furthermore, staff contacted Starbucks District Manager requesting a copy of the study which made the claim that the presence of a drive-through trash receptacle generated more trash in the drive-through lane than without. Starbucks representative directed the request to Ms. Politis, the company Quality Assurance Manager. Staff contacted Ms. Politis and requested copies of any documents available. Since first contact, staff made several additional attempts to obtain any documentation. Prior to this report being produced, staff made another attempt by emailing Starbucks representatives and Quality Assurance Manager requesting the aforementioned information. To date, staff has not received any information from Starbucks. Thlerefore since no new information has been made available since the first nrPQiznt,qtinn to City Council, staff must move forward With its nrininal recommendation. There are 33 drive-through facilities throughout the City, consisting of drive-through dairies, pharmacies and eating establishments, including coffee shops. Out of those 33 drive-through facilities, the vast majority, 26 businesses, consists of eating establishments. Since there is a direct correlation between the presence of litter in drive-through facilities and eating establishments, the installation of drive-through trash receptacles can reduce this problem. Consumer education through posting may also contribute to the solution. Therefore, the proposed new Chapter 126 to the BPMC will only affect drive-through facilities associated with an eating establishments. The following table provides a summary of the various types of drive-through facilities within the City of Baldwin Park: Drive-through Facilities Type Quantity With Existing Receptacles Pharmacies 4 0 Banks 0 0 Eating Establishments' 26 3 Drive-through Dairies 3 1 0 The City's existing regulations that apply to drive-through facilities does not address drive-through trash receptacles at the end of drive-through lanes. In order to reduce the accumulation of litter generated from drive-through facilities associated with an eating establishment, staff is proposing to add a new Chapter 1126 to the BPMC that would require a trash receptacle at the end of the drive-through lane associated with an eating establishment. In addition, a provision will be included that establishes a timeline for all 1 Including Coffee Shops Ordinance 1352 August 16, 2012 Paae 3 of 4 existing drive-through facilities associated with an eating establishment to come into compliance within 6 months after the effective date of the proposed Ordinance. Each trash receptacle placed at the end of the drive-through lane will be required to consist of a trash receptacle with an elongated trash collection chute, for easy access from automobiles. The drive-through trash receptacle will be placed after the pickup window with access from the driver-side window. It shall be placed in a location that will not inhibit, pedestrian or vehicular circulation and include an appropriate distance from the pick-up window to meet all health and safety codes, when applicable. That placement allows drivers to place trash in the receptacle while remaining seated in their vehicle before entering the public-right-of-way. The color scheme and overall design of the drive-through trash receptacle shall be consistent with overall design and color scheme of the building. • implementation. Staff will work to educate merchants about the new requirements and will continue to be an on-going resource of information about the proposed ordinance. Staff is also proposing an extensive public outreach campaign to both merchants and customers. For each drive-through facility associated with an eating establishment whose business is legally in operation before the compliance date pursuant to the proposed ordinance, which will be 6 months after the effective date of that ordinance, if adopted. That time period will allow the business owner sufficient time to install a drive-through trash receptacle. In addition, any new drive-through facility associated with an eating establishment will be required to have a drive-through trash receptacle properly installed prior to the issuance of its business license or certificate of occupancy or final inspection, if applicable. Enforcement. Code enforcement staff will conduct site visits at the conclusion of the 6-month period from the compliance date to verify all drive-through facilities associated with an eating establishment are in full compliance with adopted Ordinance. Any such drive-through facility without a proper trash receptacle at the conclusion of the 6-month period shall be in violation of Section 126 and provided a Notice of Violation with a 14-day period to correct the violation before a citation is issued. • Exemptions. Based upon a recent site visit of the existing drive-through facilities, several facilities possess certain structural constraints that would inhibit the operator or property owner from complying with the receptacle requirement. Those facilities will be assessed on a case-by-case basis and, pursuant to the proposed ordinance, an exemption may be granted, if deemed warranted by the Zoning Administrator. There will be no impact to the general fund by adopting this Ordinance other than some Code Enforcement staff time to enforce the Ordinance. Ordinance 1352 August 10,2U12 Staff recommends City Council Introduce by first reading by title only Ordinance 1352, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 126 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TRASH RECEPTACLES AT DRIVE-THROUGH EATING FACILITIES (APPLICANT: CITY OF BALDWIN PARK)." Report Prepared Q : Humberto Quintana, Community Development Liaison. 1• 1 N 111 ki FA ki M aels I ' • A • 0 • • A A A A A A i A A A A A A A WHEREAS, the City Council has expressed concern regarding litter created by patrons of drive-through eating facilities; WHEREAS, such litter is a health and safety concern and can result in contamination of water ways because that litter can end up in the regional storm drain system; WHEREAS, the presence of that litter is found to be a public nuisance and contributes to a decline in the quality of life; WHEREAS, that litter can be curtailed if convenient trash receptacle are placed near drive-through eating facilities; and WHEREAS, the City Council finds the standards set forth in this ordinance are necessary to protect the public safety and welfare of the residents of the City of Baldwin Park and the regional waterways; NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. Chapter 126 is added to the Baldwin Park Municipal Code, to read as follows: Trash Receptacles at Drive-Through Eating Establishments DRIVE-THROUGH FACILITY. The use of land, buildings, structures or parts thereof to provide products or services, either wholly or in part, through an attendant or a window or automated machine, to persons remaining seated in motorized vehicles within a designating vehicular stacking lane. A drive-through facility may be in combination with other uses, including, but not limited to, bank teller windows, pharmacies, dry cleaners and eating establishments. Ordinance 1352 - Page 2 DRIVE-THROUGH TRASH RECEPTACLE. A trash receptacle with an elongated trash collection chute that is placed near the exit point of the designating vehicular stacking lane of a drive-through facility, after the pick-up window, on the driver-side of vehicles and in a location that will (i) not inhibit pedestrian or vehicular circulation and (ii) allow the driver of the vehicle, while seated in the vehicle, to dispose of trash. EATING ESTABLISHMENT. Any establishment, which provides as a principle use, the sale of any food, frozen desert or beverage and which is ready for immediate consumption. B. The owner and operator of the drive-through facility associated with an eating establishment for which a drive-through receptacle is required shall empty the drive-through trash receptacle of trash on a regular basis to ensure customers using that drive-through facility are able to deposit trash into that receptacle. A. Installation of the drive-through trash receptacle at a drive-through facility associated with an eating establishment, as required by Section 126.020, shall be completed prior to the issuance of a new business license or certificate of occupancy for that drive-through facility. B. For each drive-through facility associated with an eating establishment legally operating before June [the effective date of the ordinance adopting this section l , 2012, the owner and operator of that drive-through facility shall install a drive-through trash receptacle on or before - [date six months after the above date l , 201_; provided, that the Zoning Administrator may grant one extension of no more than six months, if good cause, as determined by the Zoning Administrator, is shown by the operator or owner of that drive-through facility. C. The owner or operator of a drive-through facility associated with an eating establishment may request an exemption from section 126.020; provided, that the owner or operator provides sufficient evidence, as determined by the Zoning Administrator, of specific unusual structural constraints related to that facility, which make compliance with section 126.020 impossible for physical and financial reasons. Ordinance 1352 - Page 3 SECTION 2. 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 3. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in a manner prescribed by law. STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK day of 7 2012. [mmmull-m- -X*)5MwL*JJLT 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on 1 2012. That there after said Ordinance No. 1352 was duly approved and adopted at a regular meeting of the City Council on by the following vote: AYES: COUNCILMEMBER: • • ".A'7-016�Z I • FA -,J,A • ,T , SUBJECT: Resolution No. 2012-33 and Resolution No. SA 2012-003 in regards to a loan from the City of Baldwin Park to the Successor Agency for the Payment of a Portion of the Fiscal Year 2012-2013 Enforceable Obligations UU7.9. 92i To request consideration of Resolutions approving a loan ("Loan") from the City of Baldwin Park to the Successor Agency ("Successor Agency") up to $363,058 in order to provide the necessary funds to pay a portion of Fiscal Year 2012-2013 enforceable obligations of the Successor Agency (Attachment A and B). Prior to being dissolved, the Successor Agency received property tax (tax increment monies) on a monthly basis (except for September and October) and was able to pay its debt service requirements on a timely basis. The Successor Agency was able to pool available cash amongst the project areas for the debt service and would reimburse itself as the monies came in throughout the year. Per ABx1 26, the Successor Agency will only receive property taxes every six months. The Agency received its first disbursement on June 1, 2012; it was suppose to cover monies due from February to May 2012, however, the amount received was lower than expected and the Successor Agency did not receive sufficient funds to cover all of the obligations as listed on the approved Recognized Obligation Payment Schedule (BOPS). Due to the insufficient monies received and the timing differences in the receipt of future revenues (property tax revenues from June to December 2012 will not be received until January 2013), the Successor Agency will not have enough funds to pay for its enforceable obligations on a monthly basis. AB 1484, which was recently passed on June 27, 2012, authorized cities to loan successor agencies monies, as long as the obligation is reflected in the ROPS and approved by the Oversight Board. If approved by the City, Successor Agency, and Oversight Board, the loan to the Successor Agency up to $363,058 would be repaid from future property tax revenues received from the County of Los Angeles. City and Successor Agency Loan August 15, 2012 Page 2 of 2 As noted above, because of the timing of anticipated revenues, the Successor Agency does not have enough cash on • basis to meet its enforceable ••l •. • Once approved, month payments will be made by the Successor Agency from property taxes received during the of • June • - • -• =611me IOM 110M.T21 ••• '- • • "# IM 12 10M moo WYT 11,212MI-04200 i - ►� E C � � � � � � 7 7 � • 7:� .� � � • � � � CST � � [ • 7 � E +� i ATTACHMENT A- Resolution No. SA 2012 -003 B- Resolution No. 2012 -33 w • 1 11 i I I WHEREAS, On May 2, 2012, the Successor Agency to the Baldwin Park Community Development Commission (the "Successor Agency ") approved the FY 2012- 2013 Administrative Budget and on May 8, 2012, the Oversight Board approved the Administrative Budget for FY 2012 -2013; and WHEREAS, On May 8, 2012, the second Recognized Obligation Paymenj Schedule for - Successor Agency for _ period of • • December 1 adopted by - Oversight Bo • . • WHEREAS, AB 1484 Section 34173(h) of the Health and Safety Code authorizes the Successor Agency to borrow money or accept grants for administrative costs, enforceable obligations, or project - related expenses at the city's discretion, but the receipt and use of these funds shall be reflected on the Recognized Obligation Payment Schedule or the administrative budget and therefore are subject to the oversight and approval of the oversight board. An enforceable obligation shall be deemed to be created for the repayment of those loans; WHEREAS, due to timing issues, the Successor Agency is requiring a loan from the City of Baldwin Park to meet its FY 2012 -2013 enforceable obligations. WHEREAS, the Fiscal Year 2012 -2013 Loan Agreement documenting such loan is attached hereto as Exhibit "A" and by this reference incorporated herein (the "Loan Agreement "). • THEREFORE, BE IT HEREBY RESOLVED, DETERMINED AND ORDERE l' SUCCESSOR BY THE OF COMMUNITY •. • • FOLLOWS: AS SECTION 1. The City agrees to loan the Successor Agency up to $363,058 which is the amount approved in the Administrative Budget by the Successor Agency and the Oversight Board, to cover a portion of the enforceable obligations for FY 2012 -2013; SECTION 2. The Successor Agency agrees to repay the loan from property tax received from the County of Los Angeles by June 30, 2013, or as soon as enough property tax monies are made available to the Successor Agency. SECTION 3. The Successor Agency agrees to pay interest to the City of Baldwin Park per annum at rate equal to the California Local Agency Investment Fund (LAIF) annual rate, 1 RAN WEAT0719 NA I* N I IOTA SECTION 4. The Executive Director is hereby authorized to execute the Loan Agreement attached hereto as Exhibit "A" and all necessary documents to carry out the purpose and effect of this resolution. STATE OF CALIFORNIA COUNTY OF LOS ANGEL ES SS. CITY OF BALDWIN PARK j 1, ALEJANDRA AVILA, Secretary of the Successor Agency to the Community Development Commission, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the Successor Agency at a regular meeting thereof held on August 15, 2012, by the following vote: U'Vill 0016Y.Al 004 ON kyl I NX 110-TA-MON 101 Iffl 0.107-Al 0014 51 & I TA ..l ALEJANDRA AVILA SECRETARY TO THE COMMUNITY DEVELOPMENT COMMISSION WAM114 J 6110111 WWI X6T_1TNr_1TeTZT*ff II_ 4,71 H THIS AGREEMENT is entered into effective August 15, 2012, by and between the City of Baldwin Park, municipal corporation, (the "City"), and the Successor Agency to the Community Development Commission ("Successor Agency"), a public body, corporate and politic (the "Commission "). il MM 5 ff 1-1 . WHEREAS, AB 1484 Section 34173(h) of the Health and Safety Code authorizes the Successor Agency to borrow money or accept grants for administrative costs, enforceable obligations, or project-related expenses at the city's discretion, but the receipt and use of these funds shall be reflected on the Recognized Obligation Payment Schedule or the administrative budget and therefore are subject to the oversight and approval of the oversight board. An enforceable obligation shall be deemed to be created for the repayment of those loans. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the parties hereto agree as follows: COVENANTS SECTION 1. Amount of Loan. The City and Successor Agency acknowledge the City will loan the Successor Agency up to $363,058 for FY 2012-2013, in order to allow the Successor Agency to wind down the affairs of the Successor Agency and pay a portion of its enforceable obligations. SECTION 2. Disbursement of Funds. The City acknowledges that will disburse the Loan as requested by the Successor Agency during the year. The Successor Agency will use such proceeds only for the purposes provided for in the approved BOPS as adopted by both the Successor Agency and the Oversight Agency. SECTION 3. Interest. The Successor Agency agrees to pay the City interest per annum at rate equal to the California Local Agency Investment Fund (LAIF) annual rate. SECTION 4. Repayment. The Successor Agency agrees to repay the loan from property tax received from the County of Los Angeles by June 30, 2013, or as soon as enough property tax monies are made available to the Successor Agency. [ORM0 WOR 0 �21 11�01 , By Vijay Singhal, Chief Executive Officer Successor Agency to the City of Baldwin Park -0 Vijay Singhal, Executive Director MR FTAX 1736719 NA FW \ • • • �• WHEREAS, On May 2, 2012, the Successor Agency to the Baldwin Park Community Development Commission (the "Successor Agency ") approved the FY 2012- 2013 Administrative Budget and on May 8, 2012, the Oversight Board approved the Administrative Budget for FY 2012 -2013; and WHEREAS, On May 8, 2012, the second Recognized Obligation Payment Schedule (ROPS) for the Successor Agency for the period of June 30, 2012 through December 31, 2012 was adopted by the Oversight Board; and WHEREAS, AB 1484 Section 34173(h) of the Health and Safety Code authorizes the Successor Agency to borrow money or accept grants for administrative costs, enforceable obligations, or project- related expenses at the city's discretion, but the receipt and use of these funds shall be reflected on the Recognized Obligation Payment Schedule or the administrative budget and therefore are subject to the oversight and approval of the oversight board. An enforceable obligation shall be deemed to be created for the repayment of those loans; WHEREAS, due to timing issues, the Successor Agency is requiring a loan from the City of Baldwin Park to meet its FY 2012 -2013 enforceable obligations. WHEREAS, the Fiscal Year 2012 -2013 Loan Agreement documenting such loan is attached hereto as Exhibit "A" and by this reference incorporated herein (the "Loan Agreement "). I NOZYM MIM I Me] I • 0 WZY-Al MAU 'I'llyffi*1 I• • SECTION 1. The City agrees to loan the Successor Agency up to $363,058 which is the amount approved in the Administrative Budget by the Successor Agency and the Oversight Board, to cover a portion of the enforceable obligations for FY 2012 -2013; SECTION 2. The Successor Agency agrees to repay the loan from property tax received from the County of Los Angeles by June 30, 2013, or as soon as enough property tax monies are made available to the Successor Agency. SECTION 3. The Successor Agency agrees to pay interest to the City of Baldwin Park per annum at rate equal to the California Local Agency Investment Fund (LAIF) annual rate; I SECTION 4. The Chief Executive Officer is hereby authorized to execute the Loan Agreement attached hereto as Exhibit "A" and all necessary documents to carry out the purpose and effect of this resolution. I WON-Tom X "Iffil STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK j 1, ALEJANDRA AVILA, 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 August 15, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: 1 I'll A L o.. A A I [61114"EMOK FA THIS AGREEMENT is entered into effective August 15, 2012, by and between the City of Baldwin Park, municipal corporation, (the "City"), and the Successor Agency to the Community Development Commission C'Successor Agency"), a public body, corporate and politic (the "Commission"). RM E C I TI A IL S WHEREAS, AB 1484 Section 34173(h) of the Health and Safety Code authorizes the Successor Agency to borrow money or accept grants for administrative costs, enforceable obligations, or project-related expenses at the city's discretion, but the receipt and use of these funds shall be reflected on the Recognized Obligation Payment Schedule or the administrative budget and therefore are subject to the oversight and approval of the oversight board. An enforceable obligation shall be deemed to be created for the repayment of those loans. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the parties hereto agree as follows: � �e L_l , W, SECTION 1. Amount of Loan. The City and Successor Agency acknowledge the City will loan the Successor Agency up to $363,058 for FY 2012-2013, in order to allow the Successor Agency to wind down the affairs of the Successor Agency and pay a portion of its enforceable obligations. SECTION 2. Disbursement of Funds. The City acknowledges that will disburse the Loan as requested by the Successor Agency during the year. The Successor Agency will use such proceeds only for the purposes provided for in the approved ROPS as adopted by both the Successor Agency and the Oversight Agency. SECTION 3. Interest. The Successor Agency agrees to pay the City interest per annum at rate equal to the California Local Agency Investment Fund (LAIF) annual rate. SECTION 4. Repayment. The Successor Agency agrees to repay the loan frog property tax received from the County • Los Angeles • June 30, 2013, • as soon tnough property tax monies are made available to the Successor Agency. Myrom �,# �w M11 Successor Agency to the City of Baldwir Park By By: Vijay Singhal, Chief Executive Officer Vijay 0—Inghal, Executive Director M TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park FROM: Vijay Singhal, Chief Executive Officer ` i, r4 Lorena Quijano, Finance Director DATE: August 16, 2012 SUBJECT: Approval of the Third Recognized Obligation Payment Schedule {[ /lrlC'+fl\ for � from T+ ( ROPE I for the period from January through June 2013 by the City Council as Governing Body of the Successor Agency to the Community Development Commission PURPOSE To adopt the third Recognized Obligation Payment Schedule ( "ROPS ") for the period from January 1, 2012 through June 30, 2012. This action is to be taken by the City Council acting as the governing body of the successor agency to the Community Development Commission ( "CDC ") with respect to redevelopment agency matters. BACKGROUND /DISCUSSION As you may recall from when the Council approved the first BOPS, Assembly Bill X1 26 ( "AB 26 ") was drafted with recognition that redevelopment agencies had a variety of debts and obligations that must be met in order to avoid causing harm to the persons to whom those debts and obligations are owed. Successor agencies are supposed to receive tax revenues from the country auditors in order to ensure those obligations, referred to in AB 26 as "enforceable obligations," will be met. In order to enable the County of Los Angeles to determine how much tax revenue a successor agency needs to meet its enforceable obligations, AB 26 requires the preparation of a series of schedules of enforceable obligations. The first two schedules, the Enforceable Obligation Payment Schedule ( "EOPS ") and the Preliminary Draft Recognized Obligation Payment Schedule ( "PDROPS ") were approved by the CDC prior to its dissolution. Those schedules form the basis for the preparation of the first two schedules previously approved by the City Council, as the governing body of the successor agency, the Recognized Obligation Payment Schedule ( °ROPS "). A ROPE will be prepared and presented to the City Council as the governing body of the successor agency for approval for each six -month period, from January 1 Approval of Third Recognized Obligation Payment Schedule August 15, 2012 Page 2 of 4 through June 30 and from July 1 through December 31, until all of the CDC's enforceable obligations have been paid in full. • On February 15, 2012, the first ROPS for the period of January 1, 2012 through June 30, 2012, was approved by the City Council as governing body for the successor agency. The first draft BOPS was submitted to the Los Angeles County Auditor, the State Controller and the Department of Finance for review. The first BOPS approved by the Successor Agency for the period of January 1, 2012 through June 30, 2012 was submitted to the Oversight Board to the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park. On April 16, 2012, the Oversight Board approved the first ROPS, as amended, by removal of the administrative cost line item. Staff proxiided the approved first ROPE t� the Los Angeles County Auditor, the State Controller and the Department of Finance and posted on the City's website. • On May 2, 2012, the second ROPS for the period of July 1, 2012 through December 31, 2012 was approved by the Successor Agency and submitted to the Oversight Board for review. On May 8, 2012, the Oversight Board approved the second BOPS. After approval by the Oversight Board, the approved second ROPS was provided to the Los Angeles County Auditor, the State Controller, and the Department of Finance and posted on the Successor Agency's website. On June 27, 2012, AB 1484 was enacted providing technical amendments, new rules and new deadlines to the redevelopment dissolution process. In terms of the ROPS, the Successor Agency must submit an Oversight Board approved ROPS for the period of January 2013 through June 30, 2013, to the DOF no later than September 4, 2012 (September 1, 2012, the due date in AB 1484 falls on a Saturday and the next business day, September 3rd is Labor Day.) The Successor Agency must notify the County Administrative Officer, the County Auditor Controller, and the DOF, at the same time the Successor Agency submits a proposed action to the Oversight Board for approval. Also, all actions taken by the Oversight Board must be adopted by resolution. In addition, the third ROPS has a new format, which has been provided by the DOF. Some of the requirements on the new third ROPS version include: • Agencies report actual amounts paid from tax increment from the previous period (January 2012 to June 2012). Report anticipated tax increment funding for the current period (January 2013 to June 2013) Approval of Third Recognized obligation Payment Schedule August 15, 2012 Page 3 of 4 • Enforceable obligations listed on one form regardless of funding source. No longer required to report monthly enforceable obligation estimates. Only six - month estimates are required. • Funding source columns / Column for agreement termination dates The Successor Agency now has before it a third ROPE for its consideration for the period of January 1, 2013 through June 30, 2013. If approved, the third ROPS will be submitted to the Oversight Board for review at its meeting scheduled for August 21, 2012 and at the same time to the County Administrative Officer, the County Auditor Controller, and the DOF. If approved by the Oversight Board, the approved ROPS must then be provided to the Los Angeles County Auditor, the State Controller and the Department of Finance and posted on the Successor Agency's website. 710%o/AL llrir-/A%.* 1 Under AB 26, the City, as successor agency, may only pay the enforceable obligations of the former CDC listed on the BOPS. The successor agency is prohibited by AB 26 from entering into new obligations, except as necessary to administration of the successor agency and the winding up of CDC's business. The intent of the ROPS is to identify all enforceable obligations of the former CDC payable before June 30, 2013. Nothing in AB 26 provides for the assumption of the CDC's obligations by the City. AB 26 limits the liability of the successor agency for the CDC's obligations to assets transferred to the City, as successor agency, from the CDC by operation of law. However, as to liability arising under Federal law, this State statutory limitation on liability may prove to be ineffective. Per AB 26, the successor agency is to receive a minimum of $250,000 for administrative costs per year, however, the County of Los Angeles indicated that the administrative costs for FY 2011 -2012 would not be provided to cities. The County is claiming that the monies provided to cities up to January 31, 2012, should be enough to cover the remainder of the fiscal year. At this time, it unknown how much, if any will be received by the successor agency for FY 2012 -2013. Staff recommends the City Council, as the governing body of the successor agency: 1. Adopt the third Recognized Obligation Payment Schedule (RODS) for the period of January 1, 2013 through June 30, 2013; and 2. Direct staff to proceed with submitting the draft ROPS for approval to Oversight Board; and Approval of Third Recognized Obligation Payment Schedule August 15, 2012 Page 4 of 4 3. Send to the County Administrative Officer, County Auditor Controller, the State Controller and Department of Finance, and 4. Post on the City's website. Recognized Obligation Payment Schedule for January 1, 2013 — June 30, 2013 Successor Agency Contact Information Name of Successor Agency: City of Baldwin Park as Successor Agency County: Los Angeles Primary Contact Name: Primary Contact Title: Address Contact Phone Number: Contact E-Mail Address: Secondary Contact Name: Secondary Contact Title: Secondary Contact Phone Number: Secondary Contact E-Mail Address: Lorena Quijano Finance Director 14403 E Pacific Ave., Baldwin Park, CA 91706 (626) 960-4011 ex. 288 lq u iianoCdbaldwin park. com Rose Tam Assistant Accounting Manager (626) 960-4011 ex. 254 rtam(d)baidwinpark.com Page 1 Page 2 I LH uj m -0 L) z 0- LU C') cli 0- 6 CY) Z 0 (D CY) m C) ON LU N Z o 0 UJ LL 070 cQ O (D U) M C', 0 (n in Q 0 u O CO O O E m z im O = m 0 01 0 0 F- 0 00 O -1 W) M al 0 C, co -e CD W w C> R V) 11 to Ni co M m 1� -e w (" 'i M ct m C> cm ct in 11 111�, U) O I- c'! t- C" I- le - CSI tp a1 I — m w lei CIL Of m M Wi M f, Cli It, 1, at — C4 't CM C: ro co _0 or ILL ti E ro > m Q- IK LU + > Q) + "a C: x LL + 0 < z E LL U- LL - a C: w F-- . 0) 2 cu '0 LL LL ILL F- C: =s CD C%l F- F- a F- 6 LL 0 Co Q_ LL M C: m tm .2 a- U- a .0 CL U) 0 12� F- z n -0 a) cn 0 C: 0) 70 C: J? a- ct - - a � mc C: a o a) o 0 cu _0 -, '0 il :3 o- ILL X C F- c LL + m LLJ U) r- E 0 0 ILL C (D En L) :5 C: < C-4 0 CL 0 m a 0 0 M 7a5 -�5 m -0 :E C: ILL C. .2) .2 > Z E 0 C 0 2) = c: .2 0 :� 11 0 CL < :3 LL 0 a) x w -0 -0 a)o< 0 0 > LL a) a) -t U) o F- F- p E :3 :3 0 cl a) cu -- a. :5 0 -i-- t t a) tn E 0 a) or 2 C) �u << w — E — 0 _ - - u) a) 2 -2 > C _0 0 < W < F- 0 C5 F- w> w LU w < (L Lij U- .2 a. 0 0 L) f6 N U) T (1) E co @ r- > M M 0 a) -0 E co m o 2 0 O > 75 co 0 C', CY) co C: -it > M ID 0 E 0 co — cc >, C .2 = n- o (D >,.2 0- 0 co O K w On S v U n F L Z =. w ai r z O� a^ O� J 2 m 0 L N^ O W R' T Q t9 Z U N r O m F a M ,n 'o - �i Q o Q m � m ---T-- TrIl I rLL m o o � m li A aim n`g mm z2. a`f mm a`f nm 3 E. m ¢ E _ _- s — - z'E wo 3 X°. 0.1 _g Eon 2- - - uE mum' caX m� ¢3E3a Oin _ o E d 3Q 3Q E C _ g= "4. 1.2 �.E = U G W U - - -f> E _ E o f - E E - o'a o� u E �,! 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