HomeMy WebLinkAbout2018 01 30 Special MeetingNOTICE IC AND CALL
OF A
SPECIAL E _ 'I G
OF THE
CITY COUNCIL
TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF
THE CITY OF BALDWIN PARK
NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on
TUESDAY, JANUARY 30, 2018 at 6:15 PM. at Cit Hall 3' Floor Conference Room 30'7,
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.
NO OTHER BUSINESS WILL BE DISCUSSED
Dated: January 29, 2018
AFFIDAVIT OF POSTING
Manuel Lozano
Mayor
I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of
perjury under the laws of the State of California, the foregoing agenda was posted on the City
Hall bulletin board not less than 24 hours prior to the meeting on January 29, 2018.
r
Alejandra Avila
City Clerk
• � I.I..
I
•
JANUARY 30, 2018
6:15 P
CITY HALL — 3rd FLOOR CONFERENCE ROOM 307
14403 EAST PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960-4011
Manuel Lozano
- Mayor
Ricardo Pacheco
- Mayor Pro Tem
Cruz Baca
-Council member
Monica Garcia
-Council member
Susan Rubio
- Council member
PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG iS /N PROCESS
POR FA VOR OE APAGAR SUS TELEFONOS CEL ULARES Y EEPERS OURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda, but only on any matter posted on this
agenda. 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
f y convenience.
interpreter is available for Baur
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda,
para hablar solamente sobre asunto publicado en esta
agenda. Si usted desea la oportunidad de dirigirse al
Concilio o alguna de sus Agencias, podr6 hacerlo
durante el perlodo de Comentarios del Publico
(Public Communications) anunciado en la agenda. A
cada persona se le permite hablar por tres (3)
minutos. Hay un intdr rete arra su convenrenaa.
CITY COUNCIL
SPECIAL MEETING — 6:15 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Members: Cruz Baca, Monica Garcia, Susan Rubio,
Mayor Pro Tem Ricardo Pacheco and Mayor Manuel Lozano
REPORT FROM CLOSED SESSION
ANNOUNCEMENTS
PROCLAMATIONS COMMENDATIONS & PRESENTATIONS
None
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos ser6 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 §54954.21
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 acci6n on algun asunto a menos que sea incluido en la agenda, o a menos que exists alguna emergencia o
circUnstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaracibnes o preguntas
hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas.
[Codigo de Gobiemo §54954.2]
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. AWARD OF CONTRACT FOR CITY PROJECT NO. 2017-0211 SMART PARKING
UPGRADES TO TRANSIT CENTER AND METROLINK STATION SURFACE LOT
It is recommended that the City Council authorize the Mayor to execute construction
contract with C.G. Systems, Inc., for the Smart Parking Improvements Project (City
Project No. 2017-0211) in the amount of $397.524.
2. AWARD OF BID FOR CITY PROJECT NO. 2018-0219, MAINE AVENUE
COMPLETE STREETS IMPROVEMENTS PROJECT STATE PROJECT NO. STPL
5323(034)
It is recommended that the City Council authorize the Mayor to execute construction
contract with Los Angeles Engineering, Inc., for the Maine Avenue Complete Streets
Improvements Project (City Project No. 2018-0219 in the amount of $2,245.803.
3. APPROVAL OF SOUND WALL ENHANCEMENT REIMBURSEMENT
AGREEMENT BETWEEN BULLETING DISPLAYS, LLC. AND THE CITY OF
BALDWIN PARK AND RESOLUTION IN FAVOR OF SOUND WALL AND
LANDSCAPE REDESIGN
Staff recommends that the City Council:
1. Approve the Agreement with Bulletin Displays for Sound Wall
Enhancements along the 1-10; and
2. Approve Resolution No. 2018-225, entitled "A RESOLUTION OF THE CITY
OF BALDWIN PARK IN SUPPORT OF SOUND WALL AND LANDSCAPE
REDESIGN"
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REOU STS
COMMUNICATIONS
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of
perjury under the laws of the State of California, the foregoing agenda was posted on the City
Hall bulletin board not less than 24 hours prior to the meeting on January 29, 2018.
0V
Alejandra Avila
City Clerk
PLEASE ND'i`ED Copies of staff reports and supporting documentation pertaining to each ilern ori this agenda are
available for public viewing and inspection at City Hall, 2"0 Floor Lobby Area or at the Leas Angeles County Public Library
in the City of Baldwin Park. For further information regarding agenda items,, please contact the office of the City Cleric at
(626) 960-4011 ext. 466 or e-mail as Lo baldwinparla coo.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting
will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA
TITLE II)
STAFF REPORT
HUROF f,
SAN,;GABRIEL , Vie,*
(10 ./VALLEY w*
1 IP.
JAO
ITEM NO.
TO: Honorable Mayor and City Council members
FROM: Sam Gutierrez, Interim Director of Public Work,,
.-
DATE: January 30, 2018
SUBJECT: AWARD OF BID FOR CITY PROJECT NO. 2017-0211 SMART
PARKING UPGRADES TO TRANSIT CENTER AND
METROLINK STATION SURFACE LOT
SUMMARY
This item will authorize the award of a construction contract for City Project No. 2017-0211 — Smart
Parking Upgrades to the Transit Center and Metrolink Station Surface Parking Lot Project to C.G.
Systems, Inc. This project is listed in the current budget Fiscal Year 2017/2018 Capital Improvement
Program (CIP #s 42 & 45). This project will smart parking improvements to the Transit Center and the
Metrolink Station Surface Parking Lot.
FISCAL IMPACT
There is no impact to the general fund. The following table lists the funds available for CIP #s 42 & 45
projects which are listed in fiscal year 2017/18.
RECOMMENDATION
It is recommended that the City Council authorize the Mayor to execute construction contract with C.G.
Systems, Inc., for the Smart Parking Improvements Project (City Project No. 2017-0211) in the amount of
$397,524.
BACKGROUND
On Sept 24, 2009 the City of Baldwin Park was awarded an MTA Call for Project Grant for the Metrolink
Resource Management Demonstration Project that would bring Smart Parking Improvements to the
Baldwin Park Transit Center/ Parking Structure and to the Metrolink Station surface lot. On March 21,
2016, after several delays, the project timeline was extended with an amended scope including the
elimination of the Park -N -Ride site at Badillo St. and Ramona Blvd. On February 28, 2017 the Public
Works Director executed an Request for Service (RFS) with Infrastructure Engineers to prepare the report
including preparation of design and plans for the purpose of bidding. On December 13, 2017 City Council
accepted plans and specifications and authorized the solicitation of bids through the publication of a notice
inviting bids.
DISCUSSION
The goal of this project is to bring Smart parking system improvements to the Baldwin Park Transit Center/
Parking Structure and to the Metrolink Station surface lot. The smart parking systems will help commuters
by providing:
• Directional wayfinding signage to the parking structure and surface lots, reducing vehicle miles
traveled (VT).
• Installing real-time parking capacity monitoring system and display signage
• Parking stall sensors and easy to Identify stall lighting
The system will work together to inform commuters of parking availability including proximal level at the
Transit Center and site location at the Metrolink surface parking lot.
Wn January Z_�-7117'f67777751 ot two (2) Mas were receivet ON RTITRTRIT EMITS Ullt-1191111 FIT
to be valid. The bidder summary is shown below
The lowest responsive and responsible bid was from C.G. Systems, Inc., of Anaheim, CA. The second
lowest bid was deemed unresponsive due to not submitting the required Addendum. C.G. Systems' initial
bid amount was $552,129.00 and staff negotiated a bid reduction to $397,524. To achieve the negotiated
amount staff eliminated two new Parking ticket machines, Handheld LPR Devices and printer. Public
Works Maintenance staff will be installing the 12 way -finding signs and install 1,100 feet of underground
conduit and cable on the Metrolink Surface lot. Items eliminated can be purchased at a later date and are
not required by the grant.
C.U. Systems, Inc. possesses the .•• •r orma Contractor, S L177711 e T •Iffj
has checked and verified references and recommends that the City Council move forward with the award
of contract for this project. If awarded, the construction work will commence in the 1 It week of February
2018 and be completed by March 2018.
ALTERNATIVES
1. The City Council may choose not to award a construction contract. This action if not recommended
as the City will risk losing $186,000 in funding.
-7747 -we •
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PILIKOJOL-70 UU-14,11 I=
STAFF REPORT
ITEM NO. 4
Honorable Mayor and City Council members
Sam Gutierrez, Interim Director of Public Works
January 30, 2018
AWARD OF BID FOR CITY PROJECT NO. 2018-0291 MAINE
AVENUE COMPLETE STREETS IMPROVEMENTS
PROJECT STATE PROJECT NO. ATPL 5323(034)
SUMMARY
This item will authorize the award of a construction contract for City Project No. 2018-0219 — Maine
Avenue Complete Streets Project to Los Angeles Engineering, Inc., in an amount of $2,245,803. This
project is listed in the current budget Fiscal Year 2017/2018 Capital Improvement Program (CIP #22).
This project will bring complete street improvements to Maine Avenue between Los Angeles Street and
Olive Street.
FISCAL IMPACT
There is no impact to the general fund. The following table lists the funds available for CIP #22 project
which is listed in fiscal year 2017/18.
RECOMMENDATION
It is recommended that the City Council authorize the Mayor to execute construction contract with Los
Angeles Engineering, Inc., for the Maine Avenue Complete Streets Improvements Project (City Project
No. 2018-0219) in the amount of $2,245,803.
BACKGROUND
In October 2010, the State approved a Federal Safe Routes to School Grant in the amount of $1,000,000 for
pedestrian and bicycle safety improvements. On Aril 17, 2013, the City Council awarded the Design of Maine
Avenue Complete Streets project to Stantec Consulting Services for the design of the Safe Route to School
improvements. Subsequently, the City was awarded an additional $2,201,000 in Caltrans Active
Transportation (ATP) Grant to construct all of the appropriate improvements that had been supported through
public workshops. On December 3, 2014, the contract was amended to include the additional scope of the
ATP grant.
In January 19, 2017, the California Transportation Commission approved the allocation of Cycle 1, Active
Transportation Program Local (ATPL) funds to the City of Baldwin Park. The ATP grant for $2,201,000 was
TO:
use
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FROM:
THE
,SAN „GABRNEL J'
DATE:
VALLEY �r 1
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SUBJECT:
ITEM NO. 4
Honorable Mayor and City Council members
Sam Gutierrez, Interim Director of Public Works
January 30, 2018
AWARD OF BID FOR CITY PROJECT NO. 2018-0291 MAINE
AVENUE COMPLETE STREETS IMPROVEMENTS
PROJECT STATE PROJECT NO. ATPL 5323(034)
SUMMARY
This item will authorize the award of a construction contract for City Project No. 2018-0219 — Maine
Avenue Complete Streets Project to Los Angeles Engineering, Inc., in an amount of $2,245,803. This
project is listed in the current budget Fiscal Year 2017/2018 Capital Improvement Program (CIP #22).
This project will bring complete street improvements to Maine Avenue between Los Angeles Street and
Olive Street.
FISCAL IMPACT
There is no impact to the general fund. The following table lists the funds available for CIP #22 project
which is listed in fiscal year 2017/18.
RECOMMENDATION
It is recommended that the City Council authorize the Mayor to execute construction contract with Los
Angeles Engineering, Inc., for the Maine Avenue Complete Streets Improvements Project (City Project
No. 2018-0219) in the amount of $2,245,803.
BACKGROUND
In October 2010, the State approved a Federal Safe Routes to School Grant in the amount of $1,000,000 for
pedestrian and bicycle safety improvements. On Aril 17, 2013, the City Council awarded the Design of Maine
Avenue Complete Streets project to Stantec Consulting Services for the design of the Safe Route to School
improvements. Subsequently, the City was awarded an additional $2,201,000 in Caltrans Active
Transportation (ATP) Grant to construct all of the appropriate improvements that had been supported through
public workshops. On December 3, 2014, the contract was amended to include the additional scope of the
ATP grant.
In January 19, 2017, the California Transportation Commission approved the allocation of Cycle 1, Active
Transportation Program Local (ATPL) funds to the City of Baldwin Park. The ATP grant for $2,201,000 was
awarded to the City in August 26, 2014 to construct Complete Street Improvements along the Maine Avenue
Corridor between Arrow Highway and Los Angeles Street. This funding specifically identifies the narrowing
of Maine Avenue to accommodate sidewalk improvements to allow wheelchair accessibility, construct bike
lanes, stormwater water quality improvements, and a roundabout at Olive Street.
As a condition to funds disbursement, the City executed a Program Supplement Agreement which adopted
and incorporated the project into the existing Administering Agency -State Agreement for State Funded
Projects entered between the City and the State on June 21, 2016. The Program Supplement Agreement
contains specific technical information regarding the project, such as detailed cost, scope, and schedule.
Specifically, the agreement outlined strict deadlines for the timely use of funds. Due to a delay in obtaining
authorization for construction from the Federal funded portion of the project, Staff opted to bid the State ATP
portion. The federal portion will be bid when all proper authorizations are met.
This project consists of complete street improvements to Maine Avenue between Los Angeles Street and Olive
Street. The general items of work involve the construction of bulb -outs on both sides of Maine Avenue,
crosswalk alert signs, roundabout, catch basin relocations, minor drought tolerant landscaping including
irrigation, speed feedback signs, school zone flashing beacons, and striping and marking enhancements. In
addition, updating all existing infrastructure to meet current ADA standards.
DISCUSSION
On January 25, 2018 a total of seven (7) bids were received and checked for errors, and all were determined
to be valid. The following is a summary of the bids received.
The lowest responsive and responsible bid was from Los Angeles Engineering, Inc., of Covina, CA. The
lowest bid, however, exceeded the budgeted amount for the project. A reduction of scope in the amount of
$570,117 was negotiated with the contractor to bring the project within budget. This was achieved by
removing the improvements at the intersection of Maine Avenue and Olive Street. These improvements
will be moved to the next phase. If awarded, the project will be awarded for the negotiated amount of
$2,245,383.
Staff has checked and verified references and recommends that the City Council move forward with the
award of contract for this project. If awarded, the construction work will commence in the Is' week of
March 2018 and be completed by September 2018.
I I KM, N tj OLVA
W161 WORRim 14111T.15M
Covi a, CA
$3,040,500.00
Irwindale, CA
. ..........
$3,125,787.85
Pasadena, CA
$3,489,648.78
I i.La
Habra, CA
$3,867,929.00
Brea, CA
$3,989,292.00
Long Beach, CA
$4,598,782.12
ovina, CKA
The lowest responsive and responsible bid was from Los Angeles Engineering, Inc., of Covina, CA. The
lowest bid, however, exceeded the budgeted amount for the project. A reduction of scope in the amount of
$570,117 was negotiated with the contractor to bring the project within budget. This was achieved by
removing the improvements at the intersection of Maine Avenue and Olive Street. These improvements
will be moved to the next phase. If awarded, the project will be awarded for the negotiated amount of
$2,245,383.
Staff has checked and verified references and recommends that the City Council move forward with the
award of contract for this project. If awarded, the construction work will commence in the Is' week of
March 2018 and be completed by September 2018.
I I KM, N tj OLVA
W161 WORRim 14111T.15M
ALTERNATIVES
City Council may choose to reject all bids. This action is not recommended as the deadline to award the
State ATP grant funds expires on January 3 1 It, 2018. If the project is not awarded at this time the City will
lose $2.2 million in Grant funds.
ITEM NO.
STAB'" REPOR"T" TO: Honorable Mayor and City Councilmembers
I LVID C?F 4THE FROM: Robert N. Tafoya, City Attorney
SAN GABRI L DATE: January 30, 2018
f
VALLEY
SUBJECT: APPROVAL OF SOUND WALL ENHANCEMENT
rkD JANU � REIMBURSEMENT AGREEMENT BETWEEN BULLETIN DISPLAYS, LLC.
AND THE CITY OF BALDWIN PARK AND RESOLUTION IN FAVOR OF
SOUND WALL AND LANDSCAPE REDESIGN
SUMMARY
This report seeks City Council approval of a Sound Wall Enhancement Reimbursement Agreement between the
City of Baldwin Park and Bulletin Displays, LLC., and a Resolution in Favor of Sound Wall and Landscape
Redesign.
FISCAL IMPACT
This Agreement and Resolution will not have an effect on the General Fund or Restricted Funds as the
Developer will reimburse the City for the cost of the Improvements.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the Agreement with Bulletin Displays for Sound Wall Enhancements along the I-10; and
2. Approve Resolution No. 2018-225, entitled "A RESOLUTION OF THE CITY OF BALDWIN PARK
IN SUPPORT OF SOUND WALL AND LANDSCAPE REDESIGN"
BACKGROUNDS DISCUSSION
Bulletin Displays, LLC. seeks the following State permit entitlements for the proposed construction of the six
billboards and needs the State to declassify the sections of the freeway in front of the five Billboards. The City
of Baldwin Park and the Department of Transportation (CALTRANS) are in discussions to enhance the sound
wall with artwork and possible faux vegetation, cap the bubblers, and removal of the Boston Ivy, and provide
ongoing maintenance thereof in the following three areas:
1. Frazier Street to Baldwin Park Blvd (North Line) Post Mile (PM) 31.54 to 32.21
2. Big Dalton Wash to big Dalton Ave (North Line) Post Mile (PM) 32.96 to 33.10
3. Big'Dalton Wash to Big Dalton Ave (South Line) Post Mile (PM) 33.03 to 33.20;
In order for City to be able to review and proceed with all necessary actions required as a result of the Project,
the City of Baldwin Park has determined an agreement and Resolution is needed between and for Bulletin
Displays, LLC., and the City to work together with CALTRANS to develop and review the costs, process, and
work involved. Although the City will provide funds for the Project, Bulletin Displays is agreeing to reimburse
the City for any reasonable cost.
Sound Wall Enhancement Reimbursement Agreement & Resolution 2018-225
January 30, 2018
Page 2
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ALTERNATIVES
The City Council may choose to amend the Agreement and/or Resolution, defer approval to another date or
deny the Agreement and/or Resolution.
ATTACHMENTS
#1 Sound Wall Enhancement Reimbursement Agreement
#2 Resolution No. 2018-225
SOUND WALL ENHANCEMENT REIMBURSEMENT AGREEMENT
This two-party agreement (hereinafter referred to as this "Agreement") is made
and entered into by and among the City of Baldwin Park, a municipal corporation,
(hereinafter referred to as "CITY") and Bulletin Displays, LLC. (hereinafter referred to as
"DEVELOPER"). (Hereinafter, CITY and DEVELOPER are also referred to individually
as "Party" or collectively as "Parties.")
WHEREAS, DEVELOPER seeks to construct six billboards along the 1-10
Interstate Highway in the City of Baldwin Park to which DEVELOPER has obtained a
Development Agreement, Zone Text Amendment, a California Environmental Quality
Act ("CEQA") Negative Declaration and obtained the Building Engineering Permits;
WHEREAS, DEVELOPER seeks the following State permit entitlements for the
proposed construction of the six billboards and needs the State to declassify the
'sections of the freeway in front of the five Billboards (hereinafter referred to as the
"PROJECT");
WHEREAS, CITY and the Department of Transportation (CALTRANS) are in
discussions to enhance the soundwall with artwork and possible faux vegetation, cap
the bubblers, and remove the Boston Ivy, and provide ongoing maintenance thereof in
the following three areas ("SCOPE OF WORK"):
1. Frazier Street to Baldwin Park Blvd (North Line) Post Mile (PM) 31.54 to
32.21;
2. Big Dalton Wash to big Dalton Ave (North Line) Post Mile (PM) 32.96 to
33.10; and
-1-
3. Big Dalton Wash to Big Dalton Ave (South Line) Post Mile (PM) 33.03 to
33.20;
WHEREAS, in order for CITY to be able to review and proceed with all
necessary actions required as a result of the PROJECT, CITY has determined an
agreement is needed between and for DEVELOPER and CITY to work together with
CALTRANS to develop and review the costs, process, and work involved in the SCOPE
OF WORK and whether both Parties reasonably agree to the SCOPE OF WORK and
both Parties understand cost is an important factor that would limit DEVELOPER from
reasonably agreeing. If the Parties can come to an agreement on the details within the
SCOPE OF WORK that is reasonably acceptable to the Parties and CALTRANS, then
DEVELOPER has agreed to pay for all the SCOPE OF WORK;
WHEREAS, the parties understand this Agreement does not commit the CITY to
get the State to approve the PROJECT and/or the SCOPE OF WORK and the City
maintains no responsibility in terms of getting any State approval whatsoever;
WHEREAS, this Agreement is not intended to and does not change, modify or in
any way alter the terms of any agreement(s) entered into by DEVELOPER and City
related to the PROJECT. All such agreement(s) remain in full force and effect without
any modification to the written terms of said agreements(s); and
WHEREAS, CITY desires to contract with DEVELOPER to negotiate with
CALTRANS the SCOPE OF WORK, as described in this Agreement and DEVELOPER
desires to join in this Agreement and agrees to pay the CITY for such the SCOPE OF
WORK as detailed in the SCOPE OF WORK if both Parties agree in writing to a
in
SCOPE OF WORK and its cost and its reimbursement and/or payment process by
DEVELOPER.
NOW, THEREFORE, the Parties agree as follows:
1. SCOPE OF WORK.
After working with CATRANS to determine costs, process, and work involved in
the SCOPE OF WORK as detailed above, the Parties must detail in writing the SCOPE
OF WORK and include in the SCOPE OF WORK Developer's reimbursement or
payment process and the Parties must sign and date their mutual and reasonable
agreement thereto with cost being a reasonable reason to not agree to the SCOPE OF
WORK. If the Parties agree to a reasonable SCOPE OF WORK, CONSULTANT shall
provide all the professional work via contractors (i) necessary for the satisfactory
completion of the SCOPE OF WORK, as described above, and (ii) related to the
PROJECT as reasonably needed and requested by CITY'S Attorney, or his/her
designee and two which the cost is negligible if not previously agreed to by the Parties.
Any said requested work by the City Attorney or any City staff shall be deemed part of
the SCOPE OF WORK.
2. TERM OF AGREEMENT:
The term of this Agreement which shall begin on the Effective Date, as defined in
Paragraph 19 of this Agreement, and if CATRANS, the CITY and DEVELOPER all
agree on a SCOPE OF WORK and CITY and DEVELOPER sign and date the written
SCOPE OF WORK ("Commencement Date"), this Agreement shall end when the
SCOPE OF WORK is completed (the "Term"). After consultation with and agreement
from DEVELOPER, the Term may be extended by letter in the reasonable discretion of
me
the CITY Attorney or his/her designee, or by formal amendment to this Agreement
executed by the Parties. CITY desires the SCOPE OF WORK to be completed in a
diligent and expeditious manner as soon as possible after the Commencement Date.
3. DEVELOPER REPRESENTATIVE.
DEVELOPER'S work shall be performed by or shall be immediately supervised
by either Mark Kudler, Andy Goodman or Victor Gomez, who shall act as
DEVELOPER'S representatives. Any change in CONSULTANT'S representatives shall
require prior written approval by CITY'S Chief Executive Officer, or his/her designee,
which approval shall be made in his/her sole discretion.
4. INDEMNIFICATION
DEVELOPER shall protect, defend, indemnify, and hold harmless CITY, and
their elected and appointed boards, officers, agents, attorneys and employees
(hereinafter referred to collectively as "INDEMNIFIED PARTIES") from any and all
claims, liabilities, expenses, or damages, including reasonable attorney fees and costs,
for injury to or death of any person, and for injury to any property, including
consequential damages, to the extent caused by the negligent performance of this
Agreement, by or on behalf of DEVELOPER; provided, that DEVELOPER'S obligation
to indemnify hold harmless and defend shall only be to the extent DEVELOPER or its
employees, agents or officers causes the damages. The obligation to indemnify, hold
harmless and defend does not apply to claims, liabilities, expenses or damages caused
by the CITY. DEVELOPER agrees to protect, defend, indemnify, and hold harmless
CITY, and each of its elected and appointed boards, officers, agents, attorneys and
employees from any and all claims, liabilities, expenses, or damages, including
reasonable attorney fees and costs related to any claim by DEVELOPER'S contractors
against City. CITY does not, and shall not, waive any rights against DEVELOPER
because of the acceptance by CITY of the insurance policies described in this
Agreement. In the event any of INDEMNIFIED PARTIES are sued by a third party for
damages caused or allegedly caused by negligent or other wrongful conduct of
DEVELOPER or their employees, agents or officers, or contractors DEVELOPER shall
not be relieved of its indemnity obligation to INDEMNIFIED PARTIES by any settlement
with any such third party unless that settlement includes a full release and dismissal of
all claims by the third party against INDEMNIFIED PARTIES.
5. INSURANCE
Without limiting its obligations pursuant to Paragraph 7, DEVELOPER shall
name INDEMNIFIED PARTIES as additional insureds on the policies listed in
subparagraphs (b) and (c), below, and shall obtain and maintain during the life of this
Agreement all of the following insurance coverages:
(a) Professional/negligent acts, errors and omissions insurance in an amount
of One Million Dollars ($1,000,000.00);
(b) Comprehensive general liability in the amount of One Million Dollars
($1,000,000.00), including premises -operations, products/completed operations, broad
form property damage and blanket contractual liability; and
(c) Automobile liability for owned, hired, and non -owned vehicles in the
amount Five Hundred Thousand Dollars ($500,000.00).
A Certificate of Insurance for all the foregoing policies and an Additional Insured
Endorsement for the general liability policy signed by DEVELOPER'S insurance carrier
I
in a form approved by CITY'S City Attorney must be provided prior to payment of any
fees pursuant to this Agreement.
6. WORKERS' COMPENSATION INSURANCE.
In addition to the insurance coverage in Paragraph 8 above, DEVELOPER shall
obtain and maintain, during the life of this Agreement, Workers' Compensation
Insurance in the statutorily required amounts. Neither the failure of DEVELOPER to
supply specified insurance policies and coverage, nor the failure of CITY to approve the
same, shall alter or invalidate the provisions of Paragraph 7 of this Agreement.
7. ASSIGNMENT.
No assignment by DEVELOPER of this Agreement will be recognized by CITY
unless such assignment has prior written approval of CITY. Any assignment without
such consent shall be voidable and shall, at the sole option of CITY, terminate this
Agreement.
8. TERMINATION OF AGREEMENT.
CITY or DEVELOPER may terminate this Agreement at any time by giving ten -
working days' (10 -working days') prior notice in writing to all the Parties; provided, that
CITY is entitled to payment for that portion of the SCOPE OF WORK satisfactorily
rendered but not paid to any contractors prior to such termination.
9. AMENDMENT
Except to the extent expressly provided herein, this Agreement, and the
provisions contained herein, may not be altered, changed or amended, except by
mutual consent of the Parties, in writing and signed by all Parties.
51
10. INDEPENDENT CONTRACTOR STATUS.
At all times during the performance of this Agreement, DEVELOPER shall
be an independent contractor of CITY, and shall not be (nor hold its employees, agents
or officers out to be) employees, officers or agents of. DEVELOPER shall at its own
expense secure and be responsible for any and all payments of Income Taxes, Social
Security, State Disability Insurance Compensation, Unemployment Compensation, and
all other payroll deductions required of DEVELOPER and its officers, agents and
employees and penalties assessed for non-payment of the same.
11. SEVERABILITY.
If any clause, provision or section of this Agreement shall be ruled invalid by any
court of competent jurisdiction, then the invalidity of such clause, provision or section
shall not affect any of the remaining provisions hereof.
12. GOVERNING LAW/COMPLIANCE WITH LAWS.
This Agreement shall be governed by, and construed in accordance with, the
laws of the State of California. The Parties agree to be bound by all federal, state and
local laws, ordinances, regulations and directives pertaining to the Services. If litigation
arises out of this Agreement, then venue shall be the Superior Court of Los Angeles
County.
13. WAIVER.
Waiver by CITY or DEVELOPER of any breach of any term, covenant or
condition herein contained shall not be deemed a waiver of such terms, covenant or
condition or any subsequent breach of the same or any other term, covenant or
condition herein contained.
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14. EXTENT OF AGREEMENT.
This Agreement represents the entire and integrated agreement between the
Parties for the Services and supersedes any and all prior negotiations, representations
or agreements, either oral or written.
15. EFFECTIVE DATE.
The effective date of this Agreement is the date it is signed on behalf of CITY
(herein referred to as "Effective Date").
16. COUNTERPARTS.
This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
Agreement.
DEVELOPER:
Dated: By:
Mark A. Kudler,
President
Bulletin Displays, LLC
CITY:
THE CITY OF BALDWIN PARK, a municipal
corporation
Dated: By:
Mayor
Manuel Lozano
in
RESOLUTION NO. 2018-225
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
IN SUPPORT OF SOUND WALL AND LANDSCAPE REDESIGN
Whereas, in 1956 the City of Baldwin Park became the 47th Incorporated City in
California;
Whereas, the City of Baldwin Park and the California State Department of
Transportation District 07 have over the last ten years been working together to address
the major concerns regarding the negative economic impact to their businesses from
the freeway sound wall that would block their businesses;
Whereas, the California State Department of Transportation built an
approximately 20 foot tall sound wall that incorporated mountain recessed images and
then they planted Boston Ivy in the approximate 1 foot planter on the city side of the
sound wall and then classified the freeway sections through the City of Baldwin Park as
officially landscaped per Bus. & Prof. Code, Section 5440;
Whereas, after the sound wall and landscaping were completed, the City of
Baldwin Park completed a financial study of the impacts of the sound wall and
landscaping classification and the study determined that there was a 70 Million dollar
loss in property values and sales taxes, and a 93 Million dollar loss in outdoor
advertising income and revenue to the City of Baldwin Park and the land owners in the
City of Baldwin Park. This negative economic impact is enormous for the City of
Baldwin;
Whereas, the Boston Ivy planted in the approximate one foot planter on the city
side of the sound wall will eventually cover both sides of the wall and thereby cover the
soundwall's existing architectural ' features of recessed mountains and thus the extra
cost of these architectural features will have been wasted. Furthermore, due to the
planter only being about 1 foot wide, when the Boston Ivy goes dormant and drops
every last leaf, the City of Baldwin Park and the adjoining businesses will be negatively
impacted with debris;
Whereas, the City of Baldwin Park is committed to working with the California
State Transportation Agency and California State Transportation (Caltrans) to redesign
and enhance the soundwall's existing architectural features of recessed mountains
rather than cover them up with ivy and to assist Caltrans to remove the Bostgn Ivy and
to declassify the following three sections that are along the San Bernardino (10)
Freeway: Frazier Street to Baldwin Park Blvd (North Line)(PM) 31.54 to 32.21; Big
Dalton Wash to big Dalton Ave (North Line)(PM) 32.96 to 33.10; and Big Dalton Wash
to Big Dalton Ave (South Line) (PM) 33.03 to 33.20; and
Whereas, the City of Baldwin Park is offering to pay for the entire project in the
sections referenced above, from the capping of approximately 316 bubblers and the
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removal of the Boston Ivy to the mounting of the artwork and possible faux wall plants
that enhances the architectural features of recessed mountains;
Whereas, the City of Baldwin Park agrees to pay for and use licensed Caltrans
arborist and contractors of their choice to do the installation and maintenance of the
artwork and possible faux plants and landscape removal work and to cooperate with
Caltrans on acceptable installation methods;
Whereas, the City of Baldwin Park only desires Caltrans to fund any
communication with the City of Baldwin Park and, if necessary, any traffic control that is
on the freeway side of the sound walls in the freeway sections referenced above; and
Whereas, Chapter 29 — "Landscape Architecture" of the Project Development
Procedure Manual indicates that Caltrans will take into account the community values
and maintenance issues and that Caltrans deciding unilaterally to redesign the
enhancement of the existing architectural features of recessed mountains with artwork
and possible faux wall plants and to declassify the landscaping sections referenced
above is pursuant to Caltrans desire to work with local city officials and the community
and that is in the best interest of the State of California and the City of Baldwin Park;
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1. That the City of Baldwin Park requests the California State
Transportation Agency to work with and have the City of Baldwin Park fund the
Installation and maintenance of the redesigned enhancement of the architectural
features of recessed mountains with artwork and possible faux wall plants and to have
Caltrans immediately declassify the areas listed above and to instruct Caltrans to allow
the City of Baldwin Park to fund the immediate removal of the Boston Ivy and cap the
bubblers in the sections listed above. The City and Caltrans understands that any
artwork to be displayed will have to be agreed upon by the City;
SECTION 2. That the City of Baldwin Park desire to work with Caltrans
pursuant with "An Introduction to Caltrans Landscape Architecture" wherein Caltrans
has a Community Identification and Monument Program.
SECTION 3. That this Resolution shall go into effect immediately upon
adoption.
PASSED, APPROVED, AND ADOPTED this 30th day of January, 2018
MANUEL LOZANO
MAYOR
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify
that the foregoing Resolution No. 2018-225 was duly and regularly approved and
adopted by the City Council of the City of Baldwin Park at a regular meeting of the City
Council held on January 30, 2018, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ALEJANDRA AVILA,
CITY CLERK
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