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HomeMy WebLinkAbout08/29/1989Next Resolution No. 78 Next Ordinance No. 22 AUGUST 29, 1989 DIAMOND BAR CITY COUNCIL SPECIAL MEETING 12:00 P.M. CITY HALL CONFERENCE ROOM THANK YOU FOR NOT SMOKING, DRINKING OR EATING IN THE COUNCIL CHAMBER CALL TO ORDER: 12:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Papen ROLL CALL: COUNCILMEN FORBING, MILLER, WERNER, MAYOR PRO TEM HORCHER, MAYOR PAPEN CONSENT CALENDAR: The following items listed on the Consent Calendar are considered routine and are approved by a single motion. Consent Hearing items may be removed by request of a Councilmember or a citizen; regular Consent Calendar items may be removed from the Consent Calendar by recruest of a Councilmember only. 1. TAX AND REVENUE ANTICIPATION NOTES 1989/1990 Resolution No. 89 - Awarding the Principal Amount of its $3,000,000 1989 Tax and Revenue Anticipation Notes to the Successful Bidder and Approving the Execution and Delivery of Certain Documents Recommended Action: Adopt Resolution B. Resolution No. 89 - Authorizing the Issuance of Tax and Revenue Anticipation Notes to Pay 1989-90 Operating Expenses and Other Obligations of the City, Providing for the Payment of Such Notes, and Making other Determinations in connection Therewith Recommended Action: Adopt Resolution r CITY COUNCIL AGENDA 2. 3. 4. 6. 7. i AUGUST 29, 1989 C. Resolution No. 89 - Approving Further Amendments to the Resolution Authorizing the Issuance of $3,000,000 Principal Amount of its Tax and Revenue Anticipation Notes Approving the Execution and Delivery of Certain Documents in Connection Therewith Recommended Action: Adopt Resolution, authorize further amendments to Resolution of Issuance and approve form of Official Statement RECOGNIZING THE 25TH ANNIVERSARY OF THE SAN GABRIEL VALLEY BRANCH OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE Recommended Action: Adopt Resolution No. 89 - OFFICE LEASE - Review of Lease Agreement, Gateway Corporate Center, 21660 E. Copley Drive, Suite 100 Recommended Action: Approve Lease PURCHASE OF PHOTOCOPIER - Recommended Action: Authorization to go to bid for purchase of a photocopying machine PURCHASE OF COMPUTER SYSTEM - Recommended Action: Authorization to go to bid for purchase of a computer system WARRANT REGISTER - Approve the Warrant Register dated August 29, 1989 in the total amount of $29,302.36 PURCHASE OF CITY VEHICLE - Bids opened at 11:00 a.m. August 28 Recommended Action: Award bid to the lowest respon- sible bidder CITY COUNCIL AGENDA PAGE 3 AUGUST 29, 1989 8. CONSTRUCTION OF CARLTON J. PETERSON PARK - Coordination of construction services is necessary to complete Carlton J. Peterson Park as designed. E.P.T. Landscape Architects have been requested to be retained by RKA Civil Engineers and the City to accomplish this Recommended Action: Approve issuance of a Purchase Order to E.P.T. Landscape Architect in an amount not to exceed $4,000 ANNOUNCEMENTS - This time is set aside for any City Councilmember to direct staff regarding any matters to be discussed at the next regular meeting CLOSED SESSION Litigation - Section 54956.9 Personnel - Section 54957.6 ADJOURNMENT F a 91,Y67 /cY9c4� 70/1 - O%9 5- �� 11'913-11 7"-.472.9 CITY PLACE 67 WALL STREET 185 ASYLUM STREET ONE GATEWAY CENTER NEW YORK, NY 10005 HARTFORD, CT 06103 NEWARK, NJ 07102-5311 (212) 620-9300 (203) 275-6260 (201) 642-8584 MEMORANDUM TO: The Attached Distribution List FROM: Michael Y. Toy DATE: August 17, 1989 RE: $3,000,000, City of Diamond Bar, California, Tax and Revenue Anticipation Notes 1989/1990 (Our File DMBR00.01) In connection with the closing of the above referenced Notes, enclosed please find the agenda items for August 29, 1989. The bid opening for the Notes is scheduled for 10:00 a.m., August 29, 1989, with a special meeting of the City Council to take place at noon. I anticipate having closing documents for signature on August 29 and would like to receive the closing documents back no later than August 31, 1989. /16502-43 Please do not hesitate to contact me if you have any questions. RECEIVED A`'U 2 1 1989 $3,000,000 CITY OF DIAMOND BAR, CALIFORNIA TAX AND REVENUE ANTICIPATION NOTES 1989/1990 Distribution List ISSUER CITY OF DIAMOND BAR Telephone (714) 860-2489 21660 Copley Drive FAX (714) 861-3117 Suite 330 Diamond Bar, California 91765 Mr. Robert Van Nort, City Manager/ /Finance Director/City Treasurer Ms. Lynda Burgess, City Clerk Andrew Arczynski, Esq. Telephone (714) 990-0901 Markman, Arczynski, Hanson & Goldman P. 0. Box 1059 Brea, California 92622-1059 #1 Civic Center Circle Brea, California�0622-1059 ISSUER'S FINANCIAL ADVISOR SIEDLER-FITZGERALD PUBLIC FINANCE Telephone (213) 624-4232 515 South Figueroa Street, Suite 600 FAX (213) 688-7848 Los Angeles, California 90071-3396 or (213) 688-1431 Mr. Jon B. Armstrong, Vice President Bond Counsel (New Jersey Office) Hawkins, Delafield & Wood Telephone (201) 642-8584 One Gateway Center FAX (201) 642-6773 24th Floor Newark, New Jersey 07102-5311 Jeannette M. Bond, Esq. DMBR0001/1124z-100/es 07/31/89 CITY OF DIAMOND BAR, CALIFORNIA Agenda Items for August 29, 1989 1. RESOLUTION OF THE CITY COUNCIL OF CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING THE ISSUANCE OF TAX AND REVENUE ANTICIPATION NOTES TO PAY 1989-90 OPERATING EXPENSES AND OTHER OBLIGATIONS OF THE CITY, PROVIDING FOR THE PAYMENT OF SUCH NOTES, AND MAKING OTHER DETERMINATIONS IN CONNECTION THEREWITH. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA AWARDING THE_PRINCIPAL AMOUNT OF ITS $3,000,000 1989 TAX AND REVENUE ANTICIPATION NOTES TO THE SUCCESSFUL BIDDER AND APPROVING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROVINGFURTHER AMENDMENTS TO THE RESOLUTION AUTHORIZING THE ISSUANCE OF $3,000,000 PRINCIPAL AMOUNT OF ITS TAX AND REVENUE ANTICIPATION -'-NOTES APPROVING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH CITY OF DIAMOND BAR AGENDA August 29, 1989 Item: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA AWARDING THE PRINCIPAL AMOUNT OF ITS $3,000,000 1989 TAX AND REVENUE ANTICIPATION NOTES TO THE SUCCESSFUL BIDDER AND APPROVING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS Exhibit "A" - (Bids to be attached by City Clerk upon presentation of same by Financial Consultant at meeting of August 29, 1989) Action to be Taken: Upon presentation of bids by the Financial Consultant, the City Clerk shall insert, in the appropriate places in the Resolution, the number of bids received and the name of the successful bidder. Certified copy of Resolution to be returned to Hawkins, Delafield & Wood. DMBR0001-6/0026D DMBR0001-6/0026D/lw 08/17/89 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA AWARDING THE PRINCIPAL AMOUNT OF ITS $3,000,000 1989 TAX AND REVENUE ANTICIPATION NOTES TO THE SUCCESSFUL BIDDER AND APPROVING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS WHEREAS, at the time and place fixed for the opening of bids for the $3,000,000 principal amount of notes of the City of Diamond Bar, California (the "City"), designated $3,000,000 City of Diamond Bar, California, Tax and Revenue Anticipation Notes (the "Notes"), the bids as hereinafter described were publicly opened, examined and read, and the bids` as received, together with the net interest cost thereof, have been filed with the City Clerk; and WHEREAS, (_) bids have been received by the City at the time and place as set forth in the Official Notice of Sale, and said bids as received by the City are attached hereto as Exhibit "A" and are incorporated herein by reference and made a part hereof; and WHEREAS, the bid of the bidder hereinafter named is the best bid made by a responsible bidder for the Notes in full compliance with the Official Notice of Sale as previously distributed to prospective bidders for the Notes. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA AS FOLLOWS: Section 1. That the bid of (the "Purchaser"), offering $ based upon the proposed p principal amount of Notes equal to $3,000,000, plus accrued interest to the date of delivery for said Notes and bearing interest payable on the maturity date of the Notes as set forth in the bid of the successful bidder in the principal amount of $3,000,000 at the rate of interest per annum as set forth in said bid is hereby approved and accepted by the City Council. The bid of the Purchaser is the best bid for the Notes yielding the lowest net interest cost to the City. Said bid is hereby accepted and the Notes are hereby awarded to said bidder in accordance with the terms of the proposal, and any irregularity or informality in said bid is hereby waived by the City Council in accordance with said Official Notice of Sale. Section 2. The purchase price on the Notes is hereby fixed at the price as stated in Section 1 hereof and the interest rate is hereby fixed at the rate as set forth in the bid of the successful bidder. - 1 - Section 3. That the City Manager, or such other City official or officer as is appropriate under the circumstances, is hereby directed to deliver the Notes to the successful bidder upon payment therefor together with accrued interest to the date of delivery. Section 4. The Official Statement with respect to the Notes as distributed to prospective bidders and as on file with the City Clerk is hereby approved together with the Official Notice of Sale and the Bid Form, all as on file with the City Clerk. The City Manager, or such other City officer or official as appropriate, is hereby authorized and directed to execute the Official Statement where and as indicated, and the City Clerk is hereby authorized and directed to deliver copies of the Official Statement to the Purchaser, in such reasonable quantities as requested by the Purchaser. Section 5. The City Manager, the City Clerk, or such other person who may act in their place, are hereby authorized and directed to execute and deliver any and all of the closing documents and Certificates in connection with the issuance, sale and delivery of the Notes, including, but not limited to, the Resolution of Issuance. Section 6. The City Council hereby specifically authorizes and directs the City Manager and City Attorney, with the approval of Bond Counsel, to make any and all necessary and required changes, modifications or amendments to the Resolution of Issuance as deemed necessary by the City Manager, City Attorney and Bond Counsel. Section 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this day of 1989. ATTEST: City Clerk of the City of Diamond Bar, California Approved as to Form: City Attorney Mayor of the City of Diamond Bar, California - 2 - 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF DIAMOND BAR ) I, the undersigned, City Clerk of the City of Diamond Bar, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. , approved and passed, 1989, and that same has not been amended or repealed. Dated: (SEAL) City Clerk of the City of Diamond Bar, California, STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF DIAMOND BAR ) AYES: Members NOES: Members ABSENT: Members City Clerk of the City of Diamond Bar, California I, I City Clerk of the City of Diamond Bar, California, hereby certify that the foregoing Resolution No. was passed and adopted by the City Council of the City of Diamond Bar, California, signed by the Mayor, and attested to by the City Clerk at a regular meeting of said Council held on the day of , 1989, and that said Resolution was adopted by the following vote, to wit: AYES: Members NOES: Members ABSENT: Members City Clerk of the City of Diamond Bar, California EXHIBIT "A" (Bids to be attached upon presentation of same by Financial Consultant at meeting of August 29, 1989) CITY OF DIAMOND BAR, CALIFORNIA AGENDA August 29, 1989 Item: RESOLUTION OF THE CITY COUNCIL OF CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING THE ISSUANCE OF TAX AND REVENUE ANTICIPATION NOTES TO PAY 1989-90 OPERATING EXPENSES AND OTHER OBLIGATIONS OF THE CITY, PROVIDING FOR THE PAYMENT OF SUCH NOTES, AND MAKING OTHER DETERMINATIONS IN CONNECTION THEREWITH Action to be Taken: Adopt Resolution. To be Published: N/A Newspaper: N/A Publication Date: N/A Certified copy of Resolution to be returned to Hawkins, Delafield & Wood. DMBR0001-2/0021D DMBR0001-2/0021D/lw 08/17/89 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING THE ISSUANCE OF TAX AND REVENUE ANTICIPATION NOTES TO PAY 1989-90 OPERATING EXPENSES AND OTHER OBLIGATIONS OF THE CITY, PROVIDING FOR THE PAYMENT OF SUCH NOTES, AND MAKING OTHER DETERMINATIONS IN CONNECTION THEREWITH. WHEREAS pursuant to Article 7.6, Chapter 4, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Government Code"), the City of Diamond Bar, California (the "City"), is authorized to (i) issue tax and revenue anticipation notes the proceeds of which will be used and expended for certain purposes, including current operating expenses, prior to the receipt of certain anticipated revenues, and (ii) pledge certain moneys to be received by the City for the payment of such notes and the interest thereon; and WHEREAS, the City presently anticipates issuing tax and revenue anticipation notes for such purposes for its 1989-90 fiscal year. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA AS FOLLOWS: Section 1. As used in this Resolution, unless the context shall otherwise require, the following terms shall have the following respective meanings: "Beneficial Owner" means, whenever used with respect to a Note, the person in whose name such Note is recorded as the beneficial owner of such Note by a Participant on the records of such Participant or such person's subrogee. "Cede & Co." means Cede & Co. , the nominee of DTC, and any successor nominee of DTC with respect to the Notes. "DTC" means The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York, and its successors and assigns. "Notes" means the Notes of the City authorized by this Resolution. "Representation Letter" means the Representation Letter from the City to DTC with respect to the Notes. - 1 - Section 2. Tax and Revenue Anticipation Notes (the "Notes") of the City in the principal amount of $3,000,000 are hereby authorized to be issued to pay current operating expenses and other obligations for the 1989-90 fiscal year of the City in anticipation of the receipt of revenues anticipated to be received in such fiscal year. Said Notes shall be dated September 5, 1989 and shall mature, without option of prior redemption, on September 4, 1990. The Notes shall be designated "1989 Tax and Revenue Anticipation Notes", shall be numbered consecutively from one (1) upwards, and shall be in denominations of $1,000 or integral multiples thereof. The Notes shall bear interest from their date at a fixed rate of interest as to be hereafter determined. Both the principal of and interest on the Notes shall be payable at maturity, upon the surrender thereof, in lawful money of the United States of America. The Notes when issued will be (i) registered in the name of Cede & Co., as nominee of DTC and (ii) deposited with DTC to be held in trust until maturity. Only one Note will be initially issued in the aggregate principal amount of $3,000,000. Purchases of ownership interests in the Notes will be made in book -entry form in denominations of $1,000 or any integral multiple thereof. Beneficial Owners of the Notes will not receive certificates representing their interest in the Notes. Unless the City determines otherwise, transfers or exchanges of o�anership interest in the Notes may b -e accomplished via book -entry transactions only, as recorded through the book -entry system established and maintained by DTC. Said Notes shall be issued in substantially the form attached hereto as Exhibit "A" and hereby made a part hereof. Section 3. (a) Pursuant to Section 2 of this Resolution, with respect to matters relating to Book -Entry Bonds, as requested by the original purchasers of the Notes, except as provided in subparagraph (c) hereof, all of the Notes shall be registered in the name of Cede & Co., as nominee for DTC. Payment of interest and principal for any Note registered in the name of Cede & Co. shall be made pursuant to the Representation Letter. (b) Upon initial issuance, the City may treat DTC (or its nominee) as the sole and exclusive owner of the Notes registered in its name for the purposes of payment of the principal or interest on the Notes. The City shall have no responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Notes under or through DTC or any Participant, with respect to the accuracy of any records maintained by DTC or any Participant; with respect to the payment by DTC or any Participant of any amount in respect of the principal or interest on the Notes. The City shall pay all principal and interest on the Notes only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal and interest on the - 2 - Notes to the extent of the sum or sums so paid. No person other than DTC shall receive an executed Note pursuant to the Resolution. Upon delivery by DTC to the City of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Note will be transferable to such new nominee in accordance with subparagraph (f) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Holders that they be able to obtain Note certificates, the City may notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Note certificates. In such event, the Notes will be transferable in accordance with subparagraph (f) hereof. DTC may determine to discontinue providing its services with respect to the Notes at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event the Notes will be transferable in accordance with subparagraph (f) hereof. Whenever DTC requests the City to do so, the City will cooperate with DTC in taking appropriate action after reasonable notice to arrange for another securities depository to maintain custody of certificates evidencing the Notes. In such event the Notes will be transferable to such securities depository in accordance with subparagraph (f) hereof. (d) Notwithstanding any other provision of this Resolution to the contrary, so long as any Note is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal and interest on such Note shall be made and given, respectively, to DTC as provided in the Representation Letter. (e) The City Treasurer is authorized to execute and deliver a Representation Letter to DTC setting forth certain matters with respect to, among other things, payments on the Notes which Representation Letter shall be in such form as the City Treasurer approves. (f) In the event that any transfer or exchange of Notes is permitted under subparagraphs (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the City from the registered owner thereof of the Notes to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee, all in accordance with the applicable provisions of the Resolution. In the event Note certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all Notes, or another securities depository as holder of all the Notes, the provisions of the Resolution shall also apply to, among other things, the printing of such certificates and the method of payment of principal of and interest on such certificates. Section 4. The Notes shall be issued in anticipation of the receipt of unrestricted funds to be received or accrued during the City's 1989-90 fiscal year, including taxes, income, revenues, cash receipts, and other moneys intended as receipts for the General Fund and other unrestricted funds of the City and which are - 3 - generally available for the payment of current expenses and other obligations of the City (the "Unrestricted Funds"). As of the date hereof, the City has not pledged any of said Unrestricted Funds to the payment of any notes, bonds, certificates or other obligations of the City. Section 5. The City hereby pledges to the payment of the Notes the Unrestricted Funds expected to be received as follows: the first $500,000 thereof in December 1989; the first $500,000 thereof in January 1990; the first $500,000 thereof in February, 1990; the first $500,000 thereof in March, 1990; the first $400,000 thereof in April, 1990; and the first $600,000 together with an amount sufficient to pay the interest on the Notes in June 1990 (all of said portions of the Unrestricted Funds pledged to pay the principal of and interest on the Notes hereinafter referred to as the "Pledged Revenues"). The principal of the Notes and the interest thereon shall constitute a first lien and charge against the Pledged Revenues and shall be payable from the first moneys received by the City from -such Pledged Revenues. All of said Pledged Revenues as and when received shall be subject to such lien and charge. Said Notes shall be general obligations of the City and, to the extent not paid from the Pledged Revenues, shall be paid with interest thereon from any other moneys of the City lawfully available therefor. Each -Note shall be secured by the Pledged Revenues ratably according to the amount of principal and interest due thereon. To the extent Notes in an amount less than $3,000,000 are hereafter sold pursuant hereto, the amount of Pledged Revenues in each month shall be reduced proportionally. Section 6. Said Notes are hereby designated as "qualified tax-exempt obligations" pursuant. to the provisions of the Internal Revenue Code of 1986, as amended (the "Code"). In making such designation it has been determined that: (a) the City does not reasonably anticipate that the amount of "qualified tax-exempt obligations" to be issued by the City during the current calendar year will exceed $10,000,000; and (b) the amount of "qualified tax-exempt obligations" issued by the City during the current calendar year does not as of this date, and including this issue, exceed $10,000,000. Section 7. All Pledged Revenues as and when received and any other lawfully available funds of the City as appropriated or allocated for the payment of the Notes, shall be deposited by the City in a special fund to be applied only to the payment of the Notes and the interest thereon. Such fund is hereby established and designated: "1989 Tax and Revenue Anticipation Note Repayment Account" (the "Note Repayment Account" or the "Account"). In the event that in any of the months referred to in Section 3 hereof, Pledged Revenues received by the City are insufficient to permit deposit into the Note Repayment Account of the full amount of Pledged Revenues required to be deposited in such month, then the - 4 - amount of any deficiency in such deposit shall be satisfied and made up by the last business day of such month, from any other moneys of the City lawfully available for the payment of the Notes and interest thereon. The Account will be held by and maintained with the City Treasurer of the City. All Pledged Revenues and any other moneys or investments deposited in the Account shall be held in trust for the benefit of the holders of the Notes, and shall be applied only upon the maturity of the Notes to pay the principal thereof and the interest thereon. Moneys deposited in the Account may not be used for any other purpose. Moneys in the Account may be invested at the discretion of the City in such investments as permitted by Section 53601 of the Government Code, including, but not limited to, the following investments provided such investments mature at such times and in such principal amounts as to permit the timely disbursement from the Account as herein provided. Any investment securities deposited in the Account must meet all the requirements for investment securities purchased with moneys in the Account and, in addition, at the time of their deposit must have a market value equal to at least 100% of their stated par value. (a) United States Treasury notes, bonds, bills or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Obligations issued by banks for cooperatives, federal land banks, federal intermediate credit banks, federal home loan banks, the Federal Home Loan Bank Board, the Tennessee Valley Authority, or in obligations, participations or other instruments of or issued by, the Federal National Mortgage Association; or in guaranteed portions of Small Business Administration notes; or in obligations, participations, or other instruments of or issued by a federal agency or a United States government-sponsored enterprise. (c) Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as bankers' acceptances, which are eligible for purchase by the Federal Reserve System. Purchases of bankers' acceptances may not exceed 270 days, maturity or 40% of the moneys deposited in the Account which may be invested. No more than 300 of such funds may be invested in the bankers' acceptances of any one commercial bank. (d) Investments in repurchase agreements provided that each such repurchase agreement (i) is acceptable in form to the City Treasurer, (ii) provides that such agreement constitutes a purchase and sale of securities and is not a loan of funds by the City, (iii) provides for the physical transfer of certificated United States Government Obligations to the custody of the City Treasurer, or to a custodial account in the name of the City Treasurer with the Federal Reserve Bank in San Francisco and for the registration of - 5 - title to "book entry" United States Government Obligations to the City Treasurer in the Federal Reserve Bank in San Francisco, (iv) provides that United States Government Obligations acquired pursuant to such repurchase agreements shall be valued at least quarterly at the lower of the then current market value thereof or the repurchase price thereof set forth in the applicable repurchase agreement, (v) is with any state or national bank with a rating on short-term obligations of P-1 or better from Moody's Investors Service and A-1 or better from Standard & Poor's Corporation, and (vi) provides that the City Treasurer may sell the related obligations if the other party to the applicable repurchase agreement shall fail to promptly repurchase such obligation on the day required by the repurchase agreement. The term "Repurchase Agreement" means a purchase of securities by the City Treasurer pursuant to an agreement by which the seller will repurchase such securities on or before a specified date, or on the demand of either party, and for a specified amount. Such securities shall mean securities of the same issuer, description, issue date and maturity. (e) Certificates of deposit issued by a nationally or state -chartered bank or a state or federal savings and loan association provided that such certificates of deposit shall be (i) continuously and fully insured by the Federal Deposit Insurance Corporation or -(ii) continuously and fully secured by such securities as are described above in clauses (a) and (b), which shall have a market value (exclusive of accrued interest) determined weekly of at least 1100 of the principal amount of such certificates of deposit, or (iii) continuously and fully secured as provided in Section 53651 (m) of the Government Code. (f) State of California Local Agency Investment Fund. Investment earnings are not required to be retained in the Account, and such investment earnings shall not be considered as money in the Account for any purpose under this resolution. At such time when the amount in the Account is sufficient to pay all principal and interest on the Notes at maturity, the City shall not be required to make any further deposits therein, and any excesses may, upon written request by the City, be withdrawn from the Account and applied by the City for any lawful purpose. Section 8. The principal amount of the Notes, together with the interest thereon, pursuant to Article 7.6, Chapter 4, Part 1, Division 2, Title 5 of the Government Code, does not exceed 85% of the estimated amount of the uncollected income, revenue, cash receipts, and other moneys of the City which will be available for the payment thereof. Section 9. The proceeds of the Notes shall be deposited in the City's General Fund, and may be expended for the purposes for which the Pledged Revenues are to be received. - 6 - Section 10. The Notes shall be executed in the name of the City by the facsimile signature of its City Treasurer and shall be countersigned by the facsimile signature of its City Clerk, and the seal of the City shall be affixed, imprinted, or otherwise reproduced on each of said Notes. Section 11. The City shall at all times do and perform all acts and things necessary or desirable in order to assure that interest paid on the Notes shall, for the purposes of federal income taxation, be excludable from the gross income of the recipients thereof and exempt from such taxation. The City shall not permit at any time or times any of the proceeds of the Notes or any other funds of the City to be used directly or indirectly to acquire any securities or obligations, the acquisition of which would cause any Note to be an "arbitrage bond" as defined in 148 of the Internal Revenue Code of 1986, as amended. The City Treasurer is hereby authorized to execute an Arbitrage and Use of Proceeds Certificate with respect to the Notes for and on behalf of the City. Section 12. It is hereby covenanted and warranted by the City that all recitals and representations contained in this resolution are true and correct, and that the City, acting through its appropriate officers, has taken or will take all steps necessary to be taken, to be-. and remain eligible to collect, and to collect the Pledged Revenues described herein in the amounts and at the times anticipated in accordance with all applicable laws and regulations, in order to provide for the prompt payment of the Notes authorized herein and to comply with the provisions of this resolution. Section 13. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this day of 19"89 . ATTEST: City Clerk of the City of Diamond Bar, California Approved as to Form: City Attorney - 7 - Mayor of the City of Diamond Bar, California STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF DIAMOND BAR ) I, f City Clerk of the City of Diamond Bar, California, hereby certify that the foregoing Resolution No. was passed and adopted by the City Council of the City of Diamond Bar, signed by the Mayor, and attested to by the City Clerk at a regular meeting of said Council held on the day of , 1989, and that said Resolution was adopted by the following vote, to wit: AYES: Members NOES: Members ABSENT: Members City Clerk of the City of Diamond Bar, California STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF DIAMOND BAR ) I, the undersigned, City Clerk of the City of Diamond Bar, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. approved and passed, 1989, and that same has not been amended or repealed. Dated: (SEAL) - 8 - City Clerk of the City of Diamond Bar, California EXHIBIT "A" FORM OF NOTE No. R-1 $3,000,000 United States of America State of California CITY OF DIAMOND BAR (Los Angeles County, California) 1989 TAX AND REVENUE ANTICIPATION NOTE Interest Rate: Original Issue Date: Maturity Date: CUSIP: September 5, 1989 September 4, 1990 Registered -Owner: Cede & Co. Principal Amount: THREE MILLION DOLLARS FOR VALUE RECEIVED, the City of Diamond Bar, California, (the "City"), du,ly., created and existing under the laws of the State of California, promises to pay (but solely out of the funds hereinafter mentioned) to the registered owner above named or registered assigns (herein sometimes referred to as the "registered owner"), the Principal Amount as above set forth. Both principal of and interest on this Note will be paid in lawful money of the United States of America on the maturity date of the Notes in the manner set forth in the Representation Letter. This Note is one of an authorized issue of $3,000,000, the Notes of which are of like tenor except as to number and denomination, and is issued pursuant to Article 7.6, Chapter 4, Part 1, Division 2, Title 5 of the Government Code of the State of California, and a resolution duly adopted by the City Council of the City on August 1, 1989 (the "Resolution"). Payment of the principal of and interest on this Note is secured by a pledge of unrestricted funds expected to be received by the City including taxes, income, revenue, cash receipts, and other moneys intended as receipts for the General Fund and other unrestricted funds of the City and which are generally available for the payment of current expenses and other obligations of the City during its 1989-90 fiscal year (the "Unrestricted Funds"). The City has pledged to the payment of the principal of the [Votes the Unrestricted Funds expected to be received as follows: the first $500,000 of such revenues in December 1989; the first $500,000 of such revenues in January 1990; and the first $600,000 A - 1 together with an amount sufficient to pay the interest on the Notes in June 1990. The Notes are general obligations of the City, and, to the extent not paid from said pledged moneys, the Notes shall be paid with interest thereon from any other moneys of the City lawfully available therefor. The Notes are issued only in fully registered form, in the name of Cede & Co., as registered owner and nominee for the Depository Trust Company ("DTC"). Purchases of ownership interests in the Notes will be made in book -entry form, in denominations of $1,000 or any integral multiple thereof. Unless this certificate is presented by an authorized representative of DTC to the issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co., or such other name as requested by an authorized representative of DTC and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE -OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein. This Note is not subject to call or redemption prior to maturity. This Note has been designated by the City as a qualified tax-exempt obligation pursuant to the provisions of Section 265 of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this Note have existed, happened and been performed in due time, form and manner as required by law, and that the amount of this Note, together with all other indebtedness of the City, does not exceed any debt limit prescribed by the laws or Constitution of the State of California. A - 2 IN WITNESS WHEREOF, the City of Diamond Bar, California, has caused this Note to be signed by the facsimile signature of its City Treasurer and countersigned by the facsimile signature of its City Clerk and its corporate seal (or a facsimile thereof), to be printed, engraved, stamped or otherwise placed hereon and has caused this Note to be dated the fifth day of September, 1989. (Facsimile Seal) Countersigned: (Facsimile City Clerk of the City (Facsimile Signature) City Treasurer of the City of Diamond Bar, California Signature) of Diamond Bar, California CERTIFICATE AS TO LEGAL OPINION I, Lynda burgess, City Clerk of the City of Diamond Bar, California, HEREBY CERTIFY that on the date the Notes described in the opinion hereinabove mentioned were originally delivered and paid for, a written opinion as to the validity of such Notes, dated as of the date of such delivery and payment, was rendered by the law firm of Hawkins, Delafield & Wood, Los Angeles, California, and that the foregoing, except as to omission of the date, is a true and correct copy of said opinion, signed duplicates of which have been filed in the office of the City Clerk of said City. (Facsimile signature of City Clerk) DMBR000I-2/0021D A-3 CITY OF DIAMOND BAR, CALIFORNIA AGENDA August 29, 1989 Item: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROVING FURTHER AMENDMENTS TO THE RESOLUTION AUTHORIZING THE ISSUANCE OF $3,000,000 PRINCIPAL AMOUNT OF ITS TAX AND REVENUE ANTICIPATION NOTES APPROVING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH Action to be Taken: Adopt Resolution. Authorize further amendments to Resolution of Issuance and approve form of Official Statement Certified copy of Resolution to be returned to Hawkins, Delafield & Wood. DMBR0001-7/0027D/es\ 07/31/89 250 DMBR0001-7/0027D/es 07/31/89 250 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROVING FURTHER AMENDMENTS TO THE RESOLUTION AUTHORIZING THE ISSUANCE OF $3,000,000 PRINCIPAL AMOUNT OF ITS TAX AND REVENUE ANTICIPATION NOTES APPROVING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Diamond Bar, California (the "City Council") has adopted its Resolution (the "Resolution of Issuance") providing for the issuance of Three Million Dollars ($3,000,000) of tax and revenue anticipation notes entitled the $3,000,000 City of Diamond Bar (Los Angeles County, California), 1989 Tax and Revenue Anticipation Notes (the "Notes"), the proceeds of which will be used as set forth in said Resolution of Issuance; and WHEREAS, the City Council must also authorize the execution and delivery of certain related legal documents in connection with the issuance of the Notes and approve the same as to form as hereinafter set forth; and WHEREAS, the Depository Trust Company ("DTC"), the Financial Consultant and the purchaser of the Notes may require certain changes, modifications and amendments to the Resolution of Issuance to clarify matters or questions arising under, or to cure any ambiguity or defect or inconsistent provisions within, the Resolution of Issuance and to incorporate the specific financial terms and provisions of the sale of the Notes by the City Council to the purchaser thereof when the final terms have been ascertained on or prior to the date of actual issuance and delivery of the Notes; and WHEREAS, it is necessary for the City Council by this Resolution to consider the authorization and approval of certain amendments to the Resolution of Issuance as said Resolution of Issuance may be amended, modified and changed subsequent to the approval of the Resolution of Issuance through and including the date of issuance and delivery of the Notes. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA AS FOLLOWS: - 1 - Section 1. The City Council hereby approves the Resolution of Issuance together with such changes, modifications and amendments as may be approved by the City Manager upon the recommendation of Hawkins, Delafield & Wood ("Bond Counsel"). All terms not otherwise specified in the Resolution of Issuance shall be those terms and provisions as may be set forth in the winning bid for the Notes as shall be awarded prior to the time of issuance and delivery of the Notes and shall be set forth in those certain amendments to the Resolution of Issuance approved by this Resolution. The City Manager and City Clerk are hereby authorized and directed to execute the final form of the Resolution of Issuance which shall set forth the final terms and provisions of the sale of the Notes when the final terms have been ascertained based upon the most favorable market conditions then available in the municipal bond market, together with such amendments, modifications and changes as may be requested by DTC, the municipal bond rating agency, Seidler-Fitzgerald Public Finance (the "Financial Consultant") and the purchaser of said Notes and as such amendments, modifications and changes may be approved by the City Manager upon the recommendation of Bond Counsel. Section 2. The City Council hereby authorizes the City Manager, City Clerk or any other appropriate City Staff members or elected officials to execute such documents as may be reasonably necessary to consummate the issuance, sale and delivery of the Notes as contemplated herein. All such documents as may be executed by such officials shall be subject to the approval of the City Manager upon the recommendation of Bond Counsel and when delivered shall be considered to have been approved by the City pursuant to this Resolution. Section 3. The City Treasurer and/or the City Manager, as appropriate, are hereby authorized to make or cause to be made all transfers and deposit of funds as are necessary and desirable to effectuate the proceedings for the issuance of the Notes and the proper use of the Note proceeds. Section 4. The City Council hereby approves the Official Statement which has been prepared by the Financial Consultant, in conjunction with Bond Counsel, and hereby authorizes and directs the Financial Consultant, with the approval of the City Manager upon the recommendation of Bond Counsel, to make any changes as they may deem necessary or desirable and to furnish the appropriate number of copies of said Official Statement to the purchasers of the Notes. The City Manager or such other authorized officer of the City, as appropriate, is hereby authorized and directed to execute the Official Statement when approved by the City Manager upon the recommendation of Bond Counsel where and as indicated. Section 5. The costs of issuance of the Notes are hereby authorized to be paid in conformity with the contracts and agreements relating thereto as shall be approved by the City - 2 - Manager, and the payment of the various items of such costs as are approved by the City Manager are hereby authorized, and to the maximum extent possible, shall be made at the time of delivery of the Notes. Section 6. All actions and proceedings heretofore taken in connection with the authorization, issuance and delivery of the Notes are hereby ratified and confirmed. Section 7. The City Manager, City Clerk or such other authorized officer of the City and the appropriate City Staff, or either or any thereof, and other proper officers of the City are hereby authorized and directed to deliver any and all closing documents, certificates, papers and instruments in connection with the issuance, sale and delivery of the Notes and to do or cause to be done any and all acts and things necessary or proper for the carrying out the delivery of the Notes to the purchasers thereof, as contemplated by this Resolution, and to cause all the proceedings relating hereto to conform to such transactions as, are more particularly described in said Official Statement. Section 8. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this day of 1989. ATTEST: City Clerk of the City of Diamond Bar, California Approved as to Form: City Attorney Mayor of the City of Diamond Bar, California - 3 - STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF DIAMOND BAR I, the undersigned, City Clerk of the City of Diamond Bar, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. , approved and passed, 1989, and that same has not been amended or repealed. Dated: (SEAL) City Clerk of the City of Diamond Bar, California STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF DIAMOND BAR } I, City Clerk of the City of Diamond Bar, California, hereby certify that the foregoing Resolution No. was passed and adopted by the City Council of the City of Diamond Bar, California, signed by the Mayor, and attested to by the City Clerk at a regular meeting of said Council held on the day of , 1989, and that said Resolution was adopted by the following vote, to wit: AYES: Members NOES: Members ABSENT: Members City Clerk of the City of Diamond Bar, California - 4 - N SAN GABRIEL VALLEY BRANCH NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE P.O. Box 1743 • West Covina, CA 91793 (818) 960-0723 July 12, 1989 Ms. Phyllis Papen, Mayor City of Diamond Bar 21660 East Copley Drive Diamond Bar, California 91765 Dear *.Mayor: This year marks the 25th anniversary of the San Gabriel Valley Branch of the National Association for the'Advancement of Colored People (NAACP) and we are commemorating the occasion with a series of events commencing September 29, 1989. We would like for you to serve as one of the honary banquet co - chairpersons and to have your city council proclaim September 29-30 and October 1, 1989 San Gabriel Valley NAACP days. Of course, you or your representative will be allowed ample time during our gala banquet, September 30, 198.9, to officially present the proclamation to the NAACP. We would also hope that your city will further commemorate the this momentous occasion by taking out an ad in our Silver Anniversary Souvenir Journal. The particulars of which are enclosed. If you agree to serve as an honorary banquet co -chairperson, please send us a black and -'white photograph along with a brief bi- ography. If you desire to discuss this matter with rite or have any questions, please call me. Sincerely, 0 Jimmie Dixson President RECEIVED J U L 1 4 1989 ®' Se eIqY n, COMP.A COMMERCIAL REAL ESTATE SINCE 1908 August 18, 1989 Mr. Robert Van Nort City Manager City of Diamond Bar 21660 E. Copley Dr., Suite 330 Diamond Bar, CA 91765 Re: Gateway Corporate Center 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91765 Dear Bob: 21660 East Copley Drive, Suite 300 Diamond Bar, California 91765-4173 818/964-2225 714/595-5705 714/860-9669 Facsimile Enclosed please find four (4) copies of the lease agreement for your review and execution. After your review, should you have any questions please call. If you need clarification regarding the legal aspects of the lease document, please consult your attorney. Please initial the bottom of each page, including all exhibits and addendums, and fully execute the appropriate signature pages. Return all four (4) copies to me at your earliest convenience. I will forward them to the Landlord for their signature. On behalf of the Landlord, we look forward to having you as a long term tenant in the GATEWAY CORPORATE CENTER. Sincerely, THE SEELEY COMPANY a� oil - David David E. Bui Enclosure gtwy.trl-tnt.7 x ; _ ^ 0 118 FROM: SUBJECT: AGENDA ITEM CITY COUNCIL ACTION REPORT AUGUST 29, 1989 Meeting Date Mayor and City Council Lynda Burgess, City Clerk Purchase of Photocopier CONSENT Agenda Placement ----------------------------------------------------------------- ----------------------------------------------------------------- BACKGROUND The City is currently involved in a month-to-month rental of a Toshiba copier for which we pay $195.00 plus a surcharge of $.025 per copy each month. supplies are not included in the rental charge. This amounts to an average monthly cost of $262.00. The City's needs have been identified based on the type and amount of copies made. It has been determined that the following features are necessary in order for staff to efficiently and quickly handle the distribution of copies to your Honorable Body and the public: a 20 -bin collator (sorter), an automatic document feeder and two- sided copying (such as City Council Minutes) which would reduce the amount of paper used. In addition, the ability to reduce and enlarge images from original documents is necessary. A copy of the proposed Request for Proposals is attached. RECOMMENDED ACTION It is recommended that the City Council authorize the purchase of one photocopier at the government purchase price. s LY141dA BURGESS, CMCV City Clerk Attachment '° s, NOTICE INVITING SEALED BIDS Sealed bids will be received by the City Clerk of the City of Diamond Bar, California for One Photocopy Machine. The proposal, specifications and additional instructions to bidders are attached. Sealed proposals, marked "City Photocopier" shall be delivered to the Office of the City Clerk, City of Diamond Bar, 21660 E. Copley Drive, Suite 330, Diamond Bar, CA 91765, on or before September 18, 1989 at 11:00 a.m. Bids received after the specified time and date shall be returned to the bidder unopened. All bids shall be opened and read by the City Clerk at a public meeting called on September 18, 1988 at 11:00 a.m. The City Clerk shall report the results of the bidding to the City Council with recommendations as to the award, at which time the City Council may award the contract to the lowest responsible bidder. The right is reserved, as the interest of the City may require, to reject any or all bids, waive any informalities or minor irregularities, as to accept or reject any items of bid. In the event of tie bids, the City Council may select the one it chooses. The City also reserves the right to extend the time for the receipt of bids by up to 30 days if only one bid is received. The sole bid shall have the right to withdraw his bid at any time after the time originally scheduled for bid opening. Insurance: Public Liability Insurance in the minimum deduct - (When ible amount of $300,000 for each person and Required) $300,000 for each occurrence plus property damage insurance in the minimum nondeductible amount of $100,000 shall be provided on an occurrence basis, and shall specify the City of Diamond Bar, its elective and appointive boards, commissions, officers, agents and employees as additional insureds. Bonds: On non -federally funded contracts over $20,000, (When each successful bidder shall be required to post a Required) Performance Bond equal to 100% of the aggregate amount of the contract award, a Labor and N/A Materials Bond equivalent to 50% of the contract, and a Landscape Maintenance Bond guaranteeing landscape maintenance for a minimum of 30 days after installation. Questions regarding the plans, specifications or other portion of the contract shall be directed in writing to the City Clerk. Dated: Signed: City Clerk Date Warrant # Invoice WARRANT REGISTER Approval Date June 27, 1989 Vendor lase Account I Asount Description Suzi Groversan $84.00 Secretarial Services Progress Bulletin 17953 $46.20 Legal Notice AFCo $15,000.00 Insurance Tossge Nice $78.01 Office Supplies Postage $50.00 Postage Robert L, Van Mort $617.42 Expenses John Craig $1,950.00 CPA Expenses Ranch Festival $15.00 Parade fee Christine Haraksin $624.00 reap. Sec. Denise Sisonian $180.00 Intern Tosspe Nice $806.25 Tesp. Sec. °GYBE $114.77 Phone Rental George Caswell $7,807.76 Cospensation $27,373.41 0 BID SPECIFICATIONS Photocopy Machine Configuration: Console Type: Dry, Electrostatic Copy Size: 5 1/2" x 8 1/2" through 11" x 17" Paper Capacity: 250 sheets per cassette 2000 sheet large capacity tray Copy Speed: 55 CPM (8 1/2" x 11" - 8 1/2" x 1411) First Copy Time: 5.5 Seconds Sorter: Minimum 20 bins, 50 sheet capacity each Multiple Copies: 1 - 999 Automatic Duplexing: One sided to two sided Two sided to two sided Two sided to one sided Automatic Document Feeder: 8 1/2" x 11" through 11" x 17" Reduction: Preset 65%, 77% Enlargement: Preset 121%, 129%, 141% Zoom: 65% through 141% Electrical: 115V MUST BE AVAILABLE FOR INSTALLATION BY OCTOBER 2, 1989 Bid Closing: September 18, 1989 at 11:00 a.m. CITY COUNCIL ACTION REPORT AUGUST 29. 1989 CONSENT Heetinq Date Agenda Placement 110: Mayor, and City Council F R01-1 , Robert L. Van Nort, City Manager SUBJECT; Purchase of City Vehicle I low. owl I 0� At your meeting of August 15.. 1989, your Horiorable Body authorized invitation for bids on the jl-,urchase of one 1989 or newer Oldsffiobiie Iliara. Advertisements -tor these bids were published on August 21st Talth bid opening set tor 11:00 a. m, on August 28th. Tw o bids werfa received; onfrom Person Oldsmobile in West Covina in the amount of $13,2170,67, the otti(-'-1r t.rom Jim B -Hitler Oldsmobiie of Ontario in the amount of RECOMMENDED ACTION ft is recommended that the City Council award the bid to the .lowest responsibifa bidd-�r: Person Oldsmobile in the amount of $13,2"70.67. ROBERT 11. VAIN 14ORT City Manager MEMORANDUM DATE: August 22, 1989 TO: Robert Van Nort, City Manager FROM: Bob Morgenstern SUBJECT: CARLTON J. PETERSON PARK In putting together the specifications for the park improvements, it became obvious to me that E.P.T. Landscape Architect's (the company who did the design) assistance would be required in the construction observation. We have typically used a team effort in other park and landscape median projects. The landscape architects have proven invaluable in review of irrigation installations and plant material certification. We will also incorporate the use of Charles Daniel, Director of Parks and Maintenance to complete the team and insure a quality project. In putting together this "team", I solicited a proposal from Jeff Chamblee of E.P.T. His proposal addresses both bidding and construction observation (see attached proposal). I feel we do not need E.P.T.'s assistance in the bidding process, but will require their expertise during the construction phase. It is my recommendation that a Purchase Order be issued to E.P.T. in the "Not to Exceed" amount of $4,000 for their role in construction observation. RPM: nb:1527: dia: spec: prkteam RKA CIVIL ENGINEERS 398 Lemon Crook Dr., Walnut CA (714) 594.9702 (8i 8) 331.8323 LNDS IiC August 11, 1989 Ron Kranzer and Associates 398 S. Lemon Creek Drive Walnut, CA 91789 Attention: Robert P. Morgenstern RE: CARLTON J. PETERSON PARK - CITY OF DIAMOND BAR CONSTRUCTION OBSERVATION SERVICES We are pleased to provide landscape architectural services for the above project and propose the following scope of services. BIDDING 1. Assistance in identifying potential qualified contractors. 2. Assistance in answering questions during bidding. 3. Assistance in the preparation of the bid package and any required addenda. 4. Assistance in evaluating bids and contractors, OONSIRUCPION OBSSMVATION 1. Attendance at job start and scheduled weekly construction meetings. (15 weekly meetings anticipated). 2. Review of irrigation and planting submittals. 3. Selection of plant material at nurseries. 4. Site inspections during installation of irrigation systems. 5. Site inspections during planting operations. 6. Assistance in change order preparation. 7. Pre -maintenance and final inspections and punch list preparation for irrigation and planting work. Our fees for the above scope of services would be as follows: 1, Bidding. . . . . . . . Lump Sum . . . . . . $500.00 2. Construction Observation . . . . . . Lump Sum . . . . . . $4,000.00 TOTAL FEE $4,500.00 Princkals: aohpn M.' nksson, Ower H. Peters, :J,,Mi C. i horns, Jeff k. Cha nlee, Richara H. Vanderwod, Jr., �i�rd �c,: =i'.Kss�n. h�iic ..ael i 43u ;aan:cl� (213) 582-3:08 FAX(818)795-2547 August 11, 1989 Ron Kramer and Associates Page 2 Construction observation services for the hardscape design and site furnishings will be provided if desired for an additional fee. We are pleased to submit this proposal and look forward to the prospect of working with you on this project. If you should have any questions, please do not hesitate to call me. Respectful l Submitted, Jeff R. Chamlee, ASLA JRC:rmp