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HomeMy WebLinkAbout02/20/1990NEXT RESOLUTION NO. 20 NEXT ORDINANCE NO. 2 FEBRUARY 20, 1990 DIAMOND BAR CITY COUNCIL 6:00 P.M. W.V.U.S.D. BOARD ROOM THANK YOU FOR NOT SMOKING, DRINKING OR EATING IN THE COUNCIL CHAMBER CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Papen ROLL CALL: COUNCILMEN FORBING, MILLER, HORCHER, MAYOR PRO TEM WERNER, MAYOR PAPEN COUNCIL COMMENTS: Items placed on the agenda by individual Councilmembers for Council discussion. Action may be taken at this meeting or scheduled for a future meeting. No public input is required. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary. There is a five minute maximum time limit when addressing the City Council. CONSENT CALENDAR: The following items listed on the Consent Calendar are considered routine and are approved by a single motion. Consent Calendar items may be removed from the Consent Calendar by request of a Councilmember only. 1. SCHEDULE FUTURE MEETINGS - A. Parks and Recreation Commission Study Session - February 22, 1990 - 7:00 p.m. - City Hall B. Planning Commission - February 26, 1990 - 7:00 p.m. - W.V.U.S.D. Board Room, 880 S. Lemon Ave. C. Traffic and Transportation Committee - March 1, 1990 - 7:00 p.m. - Heritage Park D. Parks and Recreation Commission - March 8, 1990 - 7:00 p.m. - Heritage Park E. First Quarterly Joint Breakfast Meeting - City Council and Los Angeles Sheriff's Department, Walnut Substation - March 8, 1990 - 7:00 a.m. - Diamond Bar Country Club. CITY COUNCIL AGENDA PAGE 2 FEBRUARY 20, 1990 F. Anniversary Committee - March 12, 1990 - 7:00 p.m. - City Hall. G. Walnut Valley Water District Tour - April 24 - 26, 1990. 2. APPROVAL OF MINUTES - Regular Meeting of February 6, 1990. 3. WARRANT REGISTER - Approve Warrant Register dated February 20, 1990 in the amount of $196,039.16. 4. TREASURER'S REPORT - Approve Treasurer's Report for month of January, 1990. 5. PLANNING COMMISSION MINUTES - Meeting of January 24, 1990. Recommended Action: Receive and file. 6. RESOLUTION NO. 90 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR URGING THE UNITED STATES CONGRESS AND THE NATIONAL LEAGUE OF CITIES TO ENDORSE HOUSE RESOLUTION 2380 AND SENATE BILL 1214 RELATING TO THE REDRAWING OF ZIP CODE BOUNDARIES. Recommended Action: Adopt Resolution No. 90 - XX urging the United States Congress and the National League of Cities to endorse House Resolution 2380 and Senate Bill 1214 relating to the redrawing of ZIP code boundaries. 7. EXONERATION OF BOND - Requested by County of Los Angeles for exoneration of sanitary sewer improvement bond for Private Contract No. 10585, Tract No. 42573. Recommended Action: Accept completion of public improvements and release bond. 8. FUNDING OF PARKS PROGRAMS THROUGH 6/30/90 - At the February 8, 1990 Parks and Recreation Commission meeting, it was agreed that the recreation activities furnished by Walnut Valley Recreation are presently funded by unallocated funds that were authorized for the program during the summer of 1989. Those surplus funds will be exhausted as of the end of February, 1990. To continue the current level of service from March 1, until June 30, 1990, an allocation of approximately $15,000 will be required. Recommended Action: Authorize an appropriation in an amount not to exceed $15,000 for operation of the Parks Program March 1, through June 30, 1990. CITY COUNCIL AGENDA PAGE 3 FEBRUARY 20, 1990 9. FUNDING TINY TOTS CO-OP DAYCARE PROGRAM - The Parks and Recreation Commission, on February 8, 1990, considered the feasibility of reinstating the Tiny Tots Co-op Daycare Program previously held at Heritage Park. Due to the success of and public involvement with the previous program, the Commission agreed to recommend reinstatement of the program at a cost of $2,200 for start-up and administrative expenses. The proposed program is to provide three hours per day on Mondays, Wednesdays and Fridays with staff to consist of one paid employee and a minimum of two volunteer parents for the period March 1, through June 30, 1990. Recommended Action: Authorize funding of $2,200 to initiate a Co-op Daycare Program at Heritage Park March 1 through June 30, 1990. 10. TERMINATION AGREEMENT PERTAINING TO PACESETTER LEASE - The current agreement with Pacesetter provides that the City may terminate the agreement on 30 days' notice. Therefore, Pacesetter has negotiated a lease arrangement for office space near City Hall with Diamond Bar Business Associates (landlord) providing them with a termination clause which would run in concert with any termination action by the City. Diamond Bar Business Associates has requested the City to sign the termination agreement which authorizes the landlord to terminate the Pacesetter lease in the event Pacesetter is terminated by the City. Recommended Action: Authorize the Mayor to execute Termination Agreement with on behalf of the City. 11. PROCLAMATION - Proclaiming the Month of May, 1990 as "Water Awareness Month." 12. PROCLAMATION - Proclaiming the month of March, 1990 as "American Red Cross Month". 13. NATIONAL/STATE/COUNTY PARTNERSHIP GRANT PROGRAM - To provide artistic and administrative aid and technical assistance to the broadest possible range of emerging, low -budget arts organizations resident in L.A. County. Recommended Action: Direct staff to advise organizations that may have an interest. 14. AUTHORIZATION TO RECEIVE BIDS FOR TRAFFIC SIGNAL POLES AT VARIOUS LOCATIONS ON GRAND AVENUE - To be funded by County of San Bernardino settlement funds for Grand Avenue. Recommended Action: The City Engineer recommends CITY COUNCIL AGENDA PAGE 4 FEBRUARY 20, 1990 approving advertising for bids on the traffic signal poles. SPECIAL PRESENTATIONS - Proclamations, certificates, etc. 15. PROCLAMATION - Proclaiming the month of March, 1990 as Business Against Drugs Month." Presentation by Gary Lawson. 16. CERTIFICATE OF APPRECIATION - Present Certificate of Appreciation to President Al Flores of the Diamond Bar Rotary Club for donation of a Radar Monitoring Device 17. CERTIFICATE OF APPRECIATION - Present Certificate of Appreciation to President Al Flores of the Diamond Bar Rotary Club for assistance with installation of American flags on holidays. OLD BUSINESS 18. APPROVAL OF FINAL MAP NO. 45678 (A & R LEASING AND INVESTMENT, INC) - Continued from February 6, 1990. All public improvements and tract monuments are in place and a grading plan and grading permits will be required. The Tentative Map and Negative Declaration were approved by L.A. County, pursuant to Subdivision Map Act require- ments, in March, 1988. Pursuant to legal requirements of the Subdivision Map Act, approval of the Final Map is a ministerial act providing the Final Map is in substantial compliance with the Tentative Map. Recommended Action: Deny approval of Final Tract Map 45678 due to lack of substantial compliance with the Tentative Map. 19. 140BIL OIL CORPORATION PROJECT - Continued from January 2, 1990, the original Unilateral Contract was approved by the County prior to incorporation. Following a request by homeowners in the surrounding area for additional protection, a revised contract was prepared. Mobil Oil will be providing a presentation to the City Council regarding the proposed development. Recommended Action: Approve the "Revised" Unilateral Contract for the Mobil Oil Corporation Project, authorize the City Manager to execute the contract on behalf of the City and direct the City Clerk to record the document with the Los Angeles County Registrar -Recorder.• (RCV) CITY COUNCIL AGENDA PAGE 5 FEBRUARY 20, 1990 20. REQUEST FOR PROPOSALS - SOLID WASTE AND RECYCLING - ORDINANCE NO. XX (1990)- As directed by the City Council on February 6, 1990, staff has prepared the following: 1) ORDINANCE NO. XX (1990) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING, IN ITS ENTIRETY, CHAPTER 20.72 OF TITLE 20 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND ADOPTING REQUIREMENTS AND STANDARDS RELATING TO GARBAGE AND REFUSE COLLECTION and 2) proposed Request for Proposals for Garbage and Refuse Collection Franchise, Specifications and Agreement for Collection and Disposal. Recommended Action: Review the Request for Proposals, authorize initiation of process and accept Ordinance No. XX (1990) for first reading by title only. NEW BUSINESS 21. DISCUSSION REGARDING MALATHION SPRAYING FOR MEDFLIES Recommended Action: Direct staff as necessary. ANNOUNCEMENTS - This time is set aside for any City Councilmember to direct staff regarding any matters to be discussed at the next regular meeting. Community -Wide Public Forum "Meet Your Judges" - the role of the judiciary in the community - March 8, 1990 - 7:00 p.m. to 10:00 p.m.. - City Council Chamber, City of Pomona, 505 S. Garey Avenue, Pomona. CLOSED SESSION Litigation - Section 54956.9 Personnel - Section 54957.6 ADJOURNMENT VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. n DATE: - d TO:ity Clerk A FROM: .. t ADDRESS: • : r' r. ., . ".r'' ± R ORGANIZATION SUBJECT: k I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address,.as written above. J Signature NOTE: All persons may attend mee gs and address the City Cou)l. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO.,. DATE: �C> TO: City Clerk FROM: J 3 DDRESS : ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and a ess as tten above. Signature NOTE: All persons may attend meetings and address the City Council. Thi form is intended to assist the Mayor in ensuring that all persons wish' to address the Council are recognized and to ensure correct spelling f names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: -� ` I?, �� TO: City Clerk Kcil- �[FROM: ( �. L4 ADDRESS: Z2 Q11 ZZ, E A Zr- S71 ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as writn above. i) > �1 igna NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL ` REGARDING AGENDA ITEM NO. `fial r' DATE: TO: City Clerk FROM: ' ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on t - =b( Council Minutes reflect my name and d :t agenda item. Please have the as written above. b mire NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 6, 1990 CALL TO ORDER: M/Papen called the meeting to order at 6:05 p.m. in the Council Chambers, W.V.U.S.D., 880 S. Lemon Avenue, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance ALLEGIANCE: by Councilman Miller. ROLL CALL: Mayor Papen, Mayor Pro Tem Horcher, Councilmen Miller, Werner and Forbing. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski and City Clerk Lynda Burgess. PUBLIC COMMENTS: Mr. Gene Domeno, Principal of Neil Armstrong Elementary School, reported to the Council regarding the school's nomination in the California Recognition Program and nomination for national honors and presented each Councilmember with a Distinguished California pin and ribbon. CONSENT CALENDAR: C/Miller moved, seconded by C/Werner to approve the Consent Calendar with the exclusion of Items No. 3, Warrant Register and No. 13, Approval of Final Map No. 45678 (A & R Leasing and Investment, Inc. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Schedule Future A. Parks and Recreation Commission - February 8, Meetings 1990 - 7:00 p.m. - Heritage Park B. Planning Commission - February 12, 1990 - 7:00 p.m. - W.V.U.S.D. Board Room, 880 S. Lemon Avenue C. Anniversary Committee - February 13, 1990 - 7:00 p.m. - City Hall Conference Room D. General Planning Advisory Committee - February 15, 1990 - 7:00 p.m. - Ramada Inn E. Traffic and Transportation Committee - March 1, 1990 - 7:00 p.m. - City Hall Conference Room F. Walnut Valley Water District Tour - April 24- 26, 1990 Approval of Approved Minutes of January 16, 1990. Minutes Treasurer's Approved Treasurer's Reports for months of Reports November and December, 1989. FEBRUARY 6, 1990 PAGE 2 Annual Financial Received and filed Comprehensive Annual Report Financial Report with notation that there is still an issue whether or not revenue is credited toward the City's long-term debt and that the matter has not been resolved. P & R Commission Received and filed Parks and Recreation Minutes Commission Minutes of December 14, 1989. Proclamation - Proclaimed the Month of January, 1990 as Month of January "Purchase Work Gloves" Month in conjunction 1990 as "Purchase with the Year -Long Earthquake Survival Work Gloves" Program in Southern California. Month. Proclamation - Proclaimed the Month of February, 1990 as Month of February "Self -Esteem and Responsibility Awareness 1990 as "Self Month." Esteem and Responsibility Awareness Month" Resolution 90-15 Adopted Resolution No. 90-15 entitled: A Supporting W.V. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Water District DIAMOND BAR SUPPORTING THE WALNUT VALLEY Re Svc to WATER DISTRICT REGARDING WATER SERVICE TO THE Firestone Res. FIRESTONE RESERVATION. Chino Hills Approved amendments to initial contracts with Parkway Phase I JayKim Engineering and Ron Kranzer and Design/Plan Associates to reflect modifications in scope Checking of work. Amendment to Approved amendment to contract with Agreement - Pacesetters to include Planning duties; Pacesetters directed staff to evaluate the Planning Services contract during the next six months and bring back at the first meeting in August and appointed Dennis Tarango as Acting Planning Director. Addition of Two Authorized addition of the positions of Positions Assistant City Manager, salary range $3450 - $4400 per month and Administrative Analyst, salary range $1652 - $2007 per month. Warrant Register Following an inquiry by MPT/Horcher regarding the use of one insurance broker for the City's coverage, CM/Van Nort stated that the Joint Powers Insurance Authority has been requested to provide a proposal which should be brought before the Council within the next 30-45 days. The City could go out for competitive bidding on this matter. FEBRUARY 6, 1990 PAGE 3 MPT/Horcher moved, seconded by C/Werner to approve the Warrant Register dated February 6, 1990 in the amount of $545,042.02. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Approval of Final Following discussion and with the consent of the Map No. 45678 applicant, Ernie Del Rey, 23443 E. Amberwick (A & R Leasing Place, the matter was continued until February 20, and Investment, 1990. Inc.) SPECIAL PRESENTATIONS: Receipt of Plaque M/Papen displayed a Plaque received from the City from City of of Artesia "Honoring the People of Diamond Bar for Artesia Taking Control of Their Destiny by Incorporating as the City of Diamond Bar on April 18, 1989." OLD BUSINESS: Mobil Oil Brian Rechsteiner, 3800 W. Alameda, Burbank, Corporation representing the Mobil Oil Corporation, stated Project that the proposed car wash was approved through a Conditional Use Permit issued by the County. The agreement is intended to protect the neighbors from the noise from the car wash as well as from freeway noise. The company will be installing shutters and/or double -paned glass windows on the homes of the neighbors adjacent to the car was site. Following discussion, it was agreed by consensus of Council that this matter be continued to the meeting of February 2.0, 1990 with direction that staff and representatives from Mobil Oil Corporation meet to discuss approvals previously issued by the County. Mediation Clause Following discussion, it was moved by C/Forbing, seconded by C/Miller to approve the Mediation Clause to be inserted in contracts and agreements entered into by the City with the exception of public works contracts. Motion carried by the following Roll Call Vote: AYES: Councilmen - Forbing, Miller, M/Papen NOES: Councilmen - Werner, MPT/Horcher ABSENT: Councilmen - None FEBRUARY 6, 1990 PAGE 4 Joint Powers Following discussion, it was moved by Agreement - C/Forbing, seconded by C/Miller to Cities of Walnut, approve the Joint Powers Agreement with the Diamond Bar & Cities of Walnut and Diamond Bar and the W.V.U.S.D. for Walnut Unified District for recreational Recreation Svcs. services for fiscal year 1990-91; direct 1990-91 Parks and Recreation to oversee the agreement to include: a) appointing two Commissioners to the Advisory Committee; b) select four parks within Diamond Bar for programs to ensure all segments of the community are represented; c) develop a recreation program through the auspices of the Joint Powers Authority with limitations contained therein up to $162,000 - General Fund and up to $50,000 Prop A Funds and d) directing the Parks and Recreation Commission to study the program over the next several months. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None General Plan It was moved by C/Werner, seconded by C/ Advisory Miller to confirm appointments recommended Committee by M/Papen of Mr. David Myers, Mr. Donald Appointments Taylor and Mr. Pat McGinn to serve on the General Plan Advisory Committee to fill vacancies currently existing. Motion carried unanimously. RECESS: M/Papen declared a Recess at 7:10 p.m. RECONVENE: M/Papen reconvened the meeting at 7:30 p.m. NEW BUSINESS: Solid Waste Joann Saul, Financial Management Assistant, Ordinance reported that, through the passage of AB 939, a waste reduction must be shown by 1995 of 25% and by the year 2000, a reduction of 500. The proposed Ordinance would begin the recycling process but may need expansion later on by doing joint solutions including waste -by -rail, a proposal for a franchise, etc. Cost figures for any of the proposals are unknown at this time and the clean-up legislation on AB 939 is also unknown at this time. The following waste haulers were present: Al Simonian, Western Waste; Eileen Kleinfelter, FEBRUARY 6, 1990 PAGE 5 Community Disposal; Ray Anderson, Waste Management; David Fahrion, Duran and Sons and Greg Short, Browning/Ferris Industries. CA/Arczynski pointed out that the proposed Ordinance was modeled after an Ordinance adopted by the County some time ago; therefore, waste haulers operating in the County should be familiar with its provisions. In response to an inquiry by C/Forbing, Ms. Saul stated that the draft Request for Proposals was prepared by the City's Interns last summer using the Cities of Duarte and Santa Monica as models. Mr. Greg Short, Browning/Ferris Industries, 215 N. Marengo, Pasadena, expressed his company's interest in presenting a proposal to the City and providing assistance in complying with AB 939. Mr. Al Simonian, Vice President, Western Waste Industries, 3005 Leticia Dr., Hacienda Heights, made a slide presentation regarding his company's ability to comply with all recycling and waste disposal needs. He presented a proposal package to the Council for recycling, curbside collection and composting through a public/private partner- ship whereby Western Waste is willing to enter into a franchise agreement. He displayed a check made out to the City in the amount of $100,000 to show good faith in his company's willingness to work with the City. He further stated that his company would give the City 30% of the profits on all recycled materials in addition to a franchise fee of 6% for all revenues billed and collected. Mr. Frank Dursa, 2533 Harmony Hill Dr., stated that he is presently paying $8.00 per month for trash collection and that if a franchise is approved, he will be paying a 6% franchise fee. Mr. Greg Short, Browning/Ferris Industries, stated that his company can provide an equally comprehen- sive program. Ms. Eileen Kleinfelter, Community Disposal, indicated that each hauler present is more than capable in providing the City's needs but that process needs to be taken in this matter. Mr. Ray Anderson, Websters Disposal, suggested that the Council take its time in reviewing all proposals. FEBRUARY 6, 1990 PAGE 6 Mr. David Fahrion, Duran & Sons, stated that, in his opinion, the Request for Proposals process is the most equitable manner for handling an issue such as this. Mr. Red Calkins stated that if the City were to negotiate a franchise with one hauler, it would be taking away the freedom of choice of the citizens. Mr. Al Rumpilla stated that he attended two of the public meetings held regarding solid waste and stated that the agreement reached in these meetings was that the City should not rush into this matter and that the City should wait to see how the State would be handling it. He did not want to see any one company obtaining a franchise because it would interfere with free enterprise. It was moved by C/Forbing, seconded by C/Miller to direct staff to prepare the Request for Proposals to include any necessary changes based on input from the Council or the public, bring it back for Council approval on February 20, 1990, direct the City Manager to schedule a meeting with the prospective proposers for approximately March 1st or 2nd and direct that the proposals be returned to City Hall on April 6, 1990. Motion carried unanimously. PUBLIC HEARINGS: Tentative Tract Mr. Ron Kranzer, City Engineer, explained Map 31977 that this matter had been continued from the Resolution 90-16 meeting of January 16, 1990. He stated that the 16 acres under consideration would prob- ably have been approved with the original Tentative Map had there not been disputes with several property owners. All the streets and infrastructure have been com- pleted. It was his opinion that the developer had shown good faith in attempting to negotiate with the two adjacent property owners to resolve the difficulties arising out of their parcels not being a part of this project. It is hoped that after the approval of the Tentative Map and before the recording of the Final Map, these disputes can be resolved. A lot line adjustment may be required before the Final Map is approved. M/Papen opened the Public Hearing. There being no one present wishing to speak, FEBRUARY 6, 1990 PAGE 7 M/Papen closed the Public Hearing. It was moved by C/Werner, seconded by C/Miller to conditionally approve Tentative Tract Map 31977 declaring that the Environmental Impact Report adopted under Tract Map 36730 is sufficient to the needs of this tentative tract and adopted Resolution No. 90-16 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE TRACT MAP NUMBER 31977 FOR THE SUBDIVIDING OF 16 ACRES INTO 22 LOTS GENERALLY LOCATED ALONG HIGHCREST DRIVE AND GOLDRUSH DRIVE. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Conflict of At M/Papen's request, CA/Arczynski explained the Interest Code for differences between the Conflict of Interest City Employees filing requirements for designated employees Resolution 89-97B versus public officials, i.e., City Council, City Manager, City Attorney, City Planner, City Treasurer who are required to file Statements with the Fair Political Practices Commission as specified in the Government Code. M/Papen opened the Public Hearing. Mr. Don Gravdahl requested clarification as to how "deep" the City requirements will be. CA/Arczynski stated that the 730 Conflict of Interest form required to be filed of designated employees with the City Clerk contains approximately six different disclosure categories: real property interests, income interests, income from businesses, etc. The question is, under which category is one required to disclose? For example, a member of the General Plan Advisory Committee would be required to disclose only property interests. Mr. Al Rumpilla stated that he requested the City to look into including every commission and committee in order to protect the City from future lawsuits dealing with conflicts of interest. There being no further testimony on the matter, M/Papen closed the Public Hearing. FEBRUARY 6, 1990 PAGE 8 C/Forbing moved, seconded by C/Werner to adopt Resolution No. 89-97B entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CONFLICT OF INTEREST CODE FOR CITY EMPLOYEES. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Fees for Copies M/Papen opened the Public Hearing. of Public Documents Mr. Gary Neely, 344 Canoecove Dr., read a letter from Mr. Robert E. Hickey opposing the proposal to charge the residents of Diamond Bar "for copies of information that's vital to their information and understanding of factors affecting the economic health and operation of our City." Mr. Neely further stated that the one Council agenda packet currently being given to the public free of charge is shared by one physically handicapped person and one senior citizen and that between them, more publicity regarding the City's activities is distributed that through the two packets available to the public at the Library and City Hall. Mr. Frank Dursa, 2533 Harmony Hill Dr., suggested that this was a move to "muzzle" the public and keep the activities of the City from the public. Mr. Al Rumpilla distributed copies of letters from other residents to the Council and the press. He stated that the residents already pay for the agenda packets through their taxes and that this would represent a double - tax upon the public. The letters were signed by the following: Josephine and Philip Martinico Barbara L. and Teddy C. Thurlo Margaret Edwards Ronald and Patty Hansen Robert E. and Hilda N. Troxel Bettie M. Kent Thomas G. Mokate Lavinia Rowland Cleve Holifield Janett S. Hall Red Calkins FEBRUARY 6, 1990 NEW BUSINESS: PAGE 9 Philip F. and Evelyn L. Kuida M. Davis C.L. Hall There being no further public testimony, M/Papen closed the Public Hearing. It was moved by C/Werner, seconded by MPT/Horcher to table this matter until such time as staff can prove abuse of the system. Following discussion, MPT/Horcher withdrew his second. It was moved by C/Werner to amend the proposed Resolution to add an additional exclusion of "the current agenda packet" along with a cost break for senior citizens or handicapped persons. Motion died for lack of a second. MPT/Horcher moved and M/Papen seconded the motion to table this item. Motion carried unanimously. Plans & Specs Mr. Bob Morganstern, Kranzer and Associates, for Landscaping stated that the plans and specifications were of Medians - drawn up by the County and modified by City staff Diamond Bar Blvd. with landscaping proposed to be completed in four Resolution 90-17 phases: Diamond Bar Blvd. south - Phase I, Diamond Bar Blvd. south - Phase II, Diamond Bar Blvd. center - Phase II and Diamond Bar Blvd. center Phase III. Following discussion, it was moved by M/Papen, seconded by C/Werner to 1) adopt Resolution No. 90-17 entitled: A RESOLUTION OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS, AS AMENDED, FOR LANDSCAPING OF MEDIANS ON DIAMOND BAR BLVD. AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS; 2) set February 27, 1990 at 10:00 a.m. as the date and time on which to receive bids and 3) instruct the City Clerk to advertise. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Commission Following discussion, it was agreed that the Policy sample policy be forwarded to the City's Commissioners for their review and return for Council adoption at a later date. FEBRUARY 6, 1990 PAGE 10 Agreement - Joe It was moved by C/Werner, seconded by A. Gonsalves & C/Forbing to approve an agreement with Joe A. Sons - Legislative Gonsalves and Sons at a monthly rate of Advocacy $2,000 with a 30 -day cancellation clause and direct that his initial assignment be to represent the City in seeking legislation addressing the City's property tax for 1989- 90. Motion carried by the following Roll Call Vote: Grand Avenue Mr. Ron Kranzer, City Engineer, presented the Signal following concepts for improving traffic Improvements control systems on Grand Ave. and Diamond Bar Blvd.: 1) Modify the traffic signal system on Grand Ave. at Diamond Bar Blvd. to include: a) Left turn phasing for Grand Ave. b) Providing double left turn lanes on Diamond Bar Blvd. 2) Modify median islands on Diamond Bar Blvd. to accommodate the double left AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Agreement - It was moved by M/Papen, seconded by Management/ C/Forbing to retain the services of Development Management/Development Specialists in the Specialists - amount of $13,500 for preparation of the Redevelopment initial study regarding the feasibility of Agency Study establishing a Redevelopment Agency and limit the study to Phase I. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, M/Papen NOES: COUNCILMEN - MPT/Horcher ABSENT: COUNCILMEN - None Agreement - It was moved by C/Forbing, seconded by Planning Network - C/Miller to authorize Phase I only of The Phase I General Planning Network.General Plan proposal in an Plan amount not to exceed $42,500. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, M/Papen NOES: COUNCILMEN - MPT/Horcher ABSENT: COUNCILMEN - None Grand Avenue Mr. Ron Kranzer, City Engineer, presented the Signal following concepts for improving traffic Improvements control systems on Grand Ave. and Diamond Bar Blvd.: 1) Modify the traffic signal system on Grand Ave. at Diamond Bar Blvd. to include: a) Left turn phasing for Grand Ave. b) Providing double left turn lanes on Diamond Bar Blvd. 2) Modify median islands on Diamond Bar Blvd. to accommodate the double left FEBRUARY 6, 1990 PAGE 11 turn lanes and the third through lane. 3) Move existing RTD bus stop to the far side of the intersection --southeast corner to Supporting 1990 northeast corner (RTD has already done their Census - part based upon previous Council action and Resolution 90-18 staff is presently working with bench companies for their relocation.) 4) Add third northbound lane on Diamond Bar Blvd. from Quail Summit Dr. to Creek Canyon County Lighting Dr. and prohibit parking on the east side of District LLA -1 Diamond Bar Blvd. from 4 to 7 p.m. weekdays Resolution 90-19 between said limits. 5) Reduce bike lane on the east side of Diamond Bar Blvd. to 5 or 6 feet between said limits. Following discussion, it was moved by C/Forbing, seconded by C/Miller to approve the concepts as recommended by the City Engineer. Motion carried by the following Roll Call Vote: Council M/Papen explained that this matter was placed Organization on the Agenda at her request and moved to declare the seat of Mayor Pro Tem vacant effective immediately. AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Supporting 1990 It was moved by C/Forbing, seconded by C/Werner to Census - adopt Resolution No. 90-18 entitled: A RESOLUTION Resolution 90-18 OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE 1990 CENSUS AND CONFIRMING THE CONFIDENTIALITY OF THE CENSUS COLLECTION PROCESS. Motion carried unanimously. County Lighting It was moved by C/Forbing, seconded by C/Miller to District LLA -1 adopt Resolution No. 90-19 entitled: A RESOLUTION Resolution 90-19 OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CONSENTING TO THE FORMATION OF A CITY ZONE WITHIN COUNTY LIGHTING DISTRICT LLA -1 FOR THE PURPOSE OF FUNDING THE ADMINISTRATION, OPERATION AND MAINTENANCE OF STREET LIGHTING IN THE CITY ZONE, AND CONSENTING TO THE ASSUMPTION OF JURISDICTION BY THE COUNTY OF LOS ANGELES. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Council M/Papen explained that this matter was placed Organization on the Agenda at her request and moved to declare the seat of Mayor Pro Tem vacant effective immediately. FEBRUARY 6, 1990 PAGE 12 MPT/Horcher requested a Point of Order regarding two apparent violations of the Brown Act and requested a ruling from the City Attorney as to whether his Point of Order would take precedence over the motion on the floor. CA/Arczynski replied that the Point of Order does not take precedence unless it is on the. topic of the motion. MPT/Horcher stated that the description of this item on the Agenda is unclear and that the public would not know the meaning behind it and is thus defective as to adequate public notice under the Brown Act. He requested a ruling on the Brown Act. CA/Arczynski stated that the Brown Act "requires that generic notice may be provided the public that a matter may come up for discussion or decision. It doesn't need to be precise." C/Forbing seconded the motion. Mr. Frank Dursa complimented Mr. Horcher in revealing a potential conflict of interest in the negotiations that took place for the opening of Grand Ave. He questioned various alleged discussions as possible Brown Act violations. Mr. Al Rumpilla read portions of an article from the Daily Tribune published February 4, 1990 stating that three members of the Council were in favor of voting on the matter. He wanted to know when, where or if a closed session took place on this matter. Mr. Bruce Flamenbaum, 1227 Bramford Ct., stated that he had been to two public meetings last year in which Grand Ave. was discussed and in which C/Miller disclosed property holdings in Chino Hills and that the property was in escrow. C/Miller pointed out that he had disclosed his property interest in Chino Hills by Los Serranos Golf Course on numerous occasions at public meetings and that he had informed each member of the Council individually. He stated that he welcomed any investigation into the matter by the Fair Political Practices Commission. FEBRUARY 6, 1990 PAGE 13 Mr. Werner pointed out that the newpaper article referred to by Mr. Rumpilla was in error as he was never in favor of discussing this matter. He stated his belief that the negotiating team for the City was acting in the best interests of the City and that the agreement is not "tainted." M/Papen read a portion of a report prepared by the California State Legislature's Senate Local Government Committee's Report on Your Guide to Open Meetings - The Ralph M. Brown Act. Victor Ochoa, 1224 Bramford Ct., stated that he was a member of the Concerned Citizens for Diamond Bar, Traffic Control. He indicated that he attended the MAC meetings and that the MAC could not do anything to keep Grand Ave. from opening so the citizens erected the barricades to keep traffic from coming through until proper roads and signs were in place. He verified that C/Miller had indicated his property interests in Chino Hills at that time. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, M/Papen NOES: COUNCILMEN - MPT/Horcher ABSENT: COUNCILMEN - None C/Forbing nominated Gary Werner as Mayor Pro Tem and C/Miller seconded the nomination. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, M/Papen NOES: COUNCILMEN - MPT/Horcher ABSENT: COUNCILMEN - None ANNOUNCEMENTS: C/Forbing stated that the Development Review process would be on the March 6, 1990 Agenda. ADJOURNMENT: There being no further business, M/Papen adjourned the meeting at 11:10 p.m. Respectfully submitted, LYNDA BURGESS City Clerk ATTEST: MAYOR I N T E R O F F I C E M E M O R A N D U M TO: Honorable Mayor and City Council 114" FROM: FROM: Linda G. Magnuson, T Senior Accountant SUBJECT: Warrant Register, February 20, 1990 DATE: February 15, 1990 ----------------------------------------------------------------- Attached is the Warrant Register dated February 20, 1990. The warrants will be released on February 22, 1990. Please direct any questions to the Finance Department by 5:00 p.m. on February 21, 1990. *g City of Diamon4 Sar *i* 02i14190 PAGE 1 CHECK ISSUE REPORT CHECK ISSUE DATE ..... 02i20;90 k -ARRANT -CYCLE.... 05 WARRANT # 0A?RANT PAYABLE TO . ----------------------------------- 0611010172 VOID - FORMS ALISNMENT 0100@10i 73 VOID - FORMS ALIGNMENT 0000010174 VOID - FORMS ALIStdHENT "Al vraL�i°1t�175 �C�aA 3 V4VTlJ10176 Aqua Backilov. S 00001@117 Bill's Lock. a Safe C_ 11y ��vVS Club/San �acuFl?1 4 r,rkUi 79 plc§�'F'�_:i:ii:Y Johr. Gra; y GPA 60-1010180 Christensen a Wallace Inc =;==v001018i The Copy#asters C;0019182 Diamond Jar Business AsoC `f.'00HD1`H-51 Diamond Bar Stationers 0000010184 Ewina Irrigation Product_ : -0 @10185 Exxon ff"t0tl1018: t,atthew Fouratt r0l0@III, 10157 Frame Works 0000, 1018a Fromex 61;i010410189 LTE California 00:,1010190 general ProcureFent 2000?10191 Hawkins Delefield a Wood 0x000010192 Jack's Lock a Key =00f010i93 Jayk.im Engineers Ac. H-1010154 L.N. County Dept. of `000ivi0195 L.A.County-Dist. Attorney 0100i01016 Local Government Commiss. 04031019' 'lark ian Arcrynski Hanson 0;0=0:11;1';8 t<ativnal Lumber N&010109 01K Landscape Maintenance i; 010@102H Paychex Inc. 000101:2w1 Procres_ Bulletin E}n�',.H�1Fi2n7 G fn'.� �fvi?13 0T:0Hi0263 S.G. Valley Asn of Cities 0000010204 San Gabriel Viy Tribune 01000010205 Security Pa-, iatl Bank 000,',@112 5 Sir Speedy ?001011207 Southern Ca gas Co 0001+01020a Southern Ca. Edison 00000102@9 Southern Ca. Edison 0:)0001:1,210 Southern Ca. Edison 0 H010211 Southern Ca. Edison 00?010212 Southern Ca. Edison 0060010213 Southern Ca. Edison 0,HH1€214 Southern Ca. Edison 0000010215 Steven's Party Rentals 110001021.6 Total Business Clachires 0008010217 Towne Center Travel 0000010216 Vacation Pools WARRANT AMOUNT --------------- . ID VOID Vii I D l.il.16 4,075.00 2,075.78 5="r, is 22.05 212.03 120.15 249.61 7'+.45 642.86 7: x=57.73 5.845.56 255.95 8""13.32 55,884.14 36.40 25.00 99.92 2,957.[0 5• 11 112.86 3t. Alt} 1 612. 74 552.09 625.96 114.61 283.1.8 38.36 ; 71.55 1,352.65 St4.37 2,510.85 631.51 120.01 411.20 1,262.0:, 2'34.79 $}# C#iy of Diamond Ear $f$ 02!W96 FTSE 2 CHECK ISSUE REPSRT CHECK ISSUE DATE.....02 29;9'@ WARRANT -CYCLE .... LS VARRAf1T t VARRART PAYABLE TO . AR.RAi'Fl AKOUNT --------------------------------------------------------------------- 000010219 Robert L. :3n flo-t w4.14 Es' EEi422E Valnut Valley Recreation 0000 1.0221 VOID - FORKS ALI VOID 04000111@222 VOID - FORMS ALIBNNENT VOID TOTAL AMOUNT FOR REPORT -------------} 113,214.i0 !+! City o! )Ia■!n] B-ar ,+# @3gg &E ! PREPAID CHCKREGISTER 2£J ISSUE c..:#2 arRgTCYCLE....; 6 VARRANT NUMBER DATE PAYEE # 0 U NT . 5 @#t# &»£!2r#e w& #Z9 Standard Be,ze of e« ata 5468 02541/9 @e § 2144 110.0 »Q 002/90 Costco Wholesale . 2014 . 142 0; 21 ee9 ICXA Retirement Trust 661.54 1473 e/Iz9 R2E r !Retirement A V& 1474 02/21 R2a 5p1Retirement S#&w TOTAL AMOUNT FOR Rt8I- 2,76&5 AGENDA NO.' CITY OF DIAMOND RAR AGENDA REPORT DATE: February 16, 1990 MEETING DATE: February 20, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Linda G. Magnuson, Senior Accountant Submitted for Council's review and approval is the Treasurer's Statement for the month of January, 1990. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, and investment account balances. Major expenditures in the General Fund consisted of Contract Services payments for the sheriff's department, building and safety, public works and engineering services. The total payments in this area was equal to approximately $500,000. The net increase for the month of January in the General Fund's cash balance is $82,238. In order to comply with the requirements of the Tax Revenue Anticipation Note issued in September 1989, a special cash reserve account has been established in the General Fund. Monies in the amount of $1,000,000 have been recorded and reserved in the account for the repayment of the TRAN. This amount will increase on a monthly basis according to the repayment schedule in the Official Statement. The Self Insurance Fund was set up this month. This fund has been established pursuant to Resolution 89-53. The $125,000 transferred from the General Fund meets the requirements for F.Y.89-90 set forth in the resolution. The City received during January, the balance of funds held by the County for the Lighting and Landscape Assessment Districts. These funds consisted of current year special assessments as well as carry over balances from prior fiscal years. Arrangements have been made with the County for the City to receive the special assessments directly from this time on. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: Revenue Source: 1 0`P -7---------------x— - -Y ---------------------- Robert L. Van Nort Andrew V. Arczynski City Manager City Attorney Linda Magnuson Sr. Accountant SUMMARY OF CASH: ---------------- DEMAND DEPOSITS: INVESTMENT: GENERAL ACCOUNT $153,018.81 PAYROLL ACCOUNT (1,064.93) PETTY CASH ACCOUNT 500.00 --------------- TOTAL DEMAND DEPOSITS TIME CERTIFICATES $0.00 COMMERCIAL PAPER 0.00 L.A.I.F. 6,253,000.00 --------------- TOTAL INVESTMENTS TOTAL CASH $152,453.88 6,253,000.00 --------------- $6,405,453.88 --------------- --------------- CITY OF DIAMOND BAR TREASURERS MONTHLY CASH STATEMENT December 31, 1989 BEGINNING TRANSFERS ENDING FUND ----------------------------- BALANCE -------------------------------------------------------------------- RECEIPTS DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $4,042,062.54 $766,948.24 $559,710.19 ($125,000.00) $4,124,300.59 TRAFFIC SAFETY FUND 39,344.64 3,403.50 42,748.14 GAS TAX FUND 846,548.81 151,689.73 164,659.73 833,578.81 LOCAL TRANSIT TAX FUND 298,645.77 273,302.00 571,947.77 FEDERAL AID URBAN FUND 0.00 0.00 STATE PARK GRANT FUND (70,530.26) 166,678.65 (237,208.91) LTG & LNDSC DIST #38 FD 30,640.25 215,484.30 8,188.57 237,935.98 LTG & LNDSC DIST #39 FD 57,187.82 198,052.63 10,072.14 245,168.31 LTG & LNDSC DIST #41 FD 14,438.99 71,303.59 16,259.39 69,483.19 SELF INSURANCE FUND 0.00 125,000.00 125,000.00 GRAND AV CONST FUND 100,000.00 100,000.00 CHINO HILLS CONST FUND 292,500.00 292,500.00 ------------------------------------------ $5,650,838.56 ------------------------------------------------------- $1,680,183.99 $925,568.67 $0.00 $6,405,453.88 SUMMARY OF CASH: ---------------- DEMAND DEPOSITS: INVESTMENT: GENERAL ACCOUNT $153,018.81 PAYROLL ACCOUNT (1,064.93) PETTY CASH ACCOUNT 500.00 --------------- TOTAL DEMAND DEPOSITS TIME CERTIFICATES $0.00 COMMERCIAL PAPER 0.00 L.A.I.F. 6,253,000.00 --------------- TOTAL INVESTMENTS TOTAL CASH $152,453.88 6,253,000.00 --------------- $6,405,453.88 --------------- --------------- CITY OF DIAMOND BAR MINUTES OF CITY PLANNING COMMISSION JANUARY 24, 1990 The Planning Commission of the City of Diamond Bar convened in a regular session at 7:00 p.m. in City Hall, 21660 East Copley Drive, Diamond Bar, California. PRESENT: 5 COMMISSIONERS: Grothe, Harmony, Schey, Lin, and Kane ABSENT: 0 COMMISSIONERS: ALSO PRESENT: Robert Van Nort, City Manager Bill Curley, City Attorney Matthew Fouratt, City Director Dennis Tarango, Acting City Director Robert Searcy, Assistant City Director Karen Castro, Supervising Planning Technician Dawn Anderson, Planning Technician MINUTES Mr. Van Nort asked the Commission to consider the Minutes of January 2, 1990. Motion was made and seconded to approve minutes. MOTION CARRIED unanimously. MATTERS FROM THE PUBLIC Mr. Schad stated he has been made aware of a program that he felt will be helpful and beneficial to the City. On March 31st there will be a gathering of educators, scientist, botanist and geologists pertaining to the ecology of our surrounding area. It is also an educational program for both adults and children. There is a $10 registration fee. Mr. Van Nort stated that the reason why he was handling the meeting tonight was because Mr. Fouratt was not there. Mr. Fouratt has rendered his resignation as the City's Planning Director. Commencing Monday, the acting City Planning Director will be Mr. Dennis Tarango. Dennis Tarango, an employee of PaceSetters, will now be conducting the Planning Commission meetings. The City also has one other consultant, Planning Network, that will be involved with the Commission as they are doing the General Plan, but for day to day operations PaceSetter will be doing all functions of the Planning process. 1 Mr. Van Nort also stated that he hoped at the next meeting and the meetings thereafter Pace Setter and Acting Director Tarango will present to the Commission the sign ordinance that was prepared by the Chamber of Commerce. The Commission will start reviewing this matter and holding public hearings. NOMINATIONS FOR CHAIRMAN Mr. Van Nort opened the forum to nominations for Chairman of the Planning Commission. Motion was made by Commissioner Grothe and seconded by Commissioner Lin to nominated Commissioner Schey as Chairman. Mr. Van Nort asked if there were any other nominations. Motion was made by Commissioner Harmony and seconded by Commissioner Schey to nominated all the members of the Commission so that each member would receive the opportunity to talk to each other and find out each others individual opinions. Commissioner Kane stated that he would not like to be Chairman at this time. He felt the person with the most product knowledge, who can articulate the best as far as the ordinances and measures that come before the Commission is the person who should take the position of Chairman for the first term. Motion was made by Commissioner Kane to nominated Commissioner Harmony. Commissioner Grothe asked what was the length of the term. He felt that each Commissioner should have the opportunity to be Chairman, and, if the term was for 6 months, they would be able to rotate turns. Mr. Van Nort proposed that the position of Chairman be for a period of one (1) year and that the Commission would decide how they would rotate. It was stated that the appointment of Planning Commissioner was for a term of 2 1/2 years. Commissioner Harmony asked which members would like to serve as Chairman during the 2 1/2 years. Commissioner Schey stated that he was interested and the length of the term did not matter. He felt that with the experience he has had, he could help the others become comfortable with the process. Commissioners Lin, Kane, and Grothe were not interested at this time. Commissioner Harmony expressed his desire to serve as Chairman due to his involvement with the incorporation of the City of Diamond Bar. Commissioner Schey withdrew his second of Commissioner Harmony's motion to nominate the entire Commission. Motion was made by Commissioner Kane and seconded by Commissioner Schey to nominate Commissioner Harmony. Motion was made by Mr. Van Nort and seconded by Commissioner Schey to close the nominations. MOTION CARRIED unanimously. Three (3) were in favor of Commissioner Schey, two (2) were in favor of Commissioner Harmony. Commissioner Schey took the seat of Chairman and opened nominations for Vice Chairman. Motion was made by Commissioner Kane and seconded by Commissioner Grothe to nominate Commissioner Harmony for Vice Chairman. Motion made and seconded to close nominations. MOTION CARRIED unanimously. Mr. Van Nort recommended that Dennis Tarango be appointed as Secretary of the Planning Commission. Motion was made and seconded. MOTION CARRIED unanimously. SELECTION OF FUTURE MEETING DATES AND PLACE Mr. Tarango asked to amend Mr. Fouratt's memo to the Planning Commission by submitting additional meeting dates. Motion made by Kane and seconded by Harmony to meet on the second and fourth Monday of each month. A vote was taken to meet at the Walnut Valley Unified School District Board room at 7:00 p.m. on these days. MOTION CARRIED unanimously. DISCUSSION OF PLANNING COMMISSION PERMITS Mr. Fouratt presented examples of the City of Santa Rosa's Planning Commission packet which included the basic types of permits that the City of Diamond Bar Planning Commission will be taking action on in the future. This format was recommended to the Commission to be used because it would present a thorough analysis of the project. The role that traffic safety would play was discussed but not known. PREVIEW OF FUTURE ACTIVE APPLICATIONS Dennis Tarango presented a list of active cases and a map indicating the location of each project. Chairman Schey asked for a brief description of the types of action they will be expecting in the upcoming meetings. Mr. Tarango explained that the Action to Date on the case list memo was to give a background regarding initial studies, meetings, project impacts, etc., that the County has prepared at the present time. Mr. Van Nort assisted the Commission by asking on their behalf how the Planning Department plans to proceed with these current cases. Secretary Tarango explained, depending on the size of the project, it is staff's objective to keep the Planning Commission agenda to a maximum of ten (10) items. The current procedure is to review each individual case and notify the applicant by letter whether the project is complete or incomplete. If the project is complete, the letter states the date that the project will be scheduled to be heard before the Planning Commission. All backup materials pertaining to the project will be included in Planning Commission packet. 3 Chairman Schey asked for the active case list to be revised by prioritizing projects according to those projects which are ready or close to being ready to go before the Commission. He also asked for a breakdown of what staff would anticipate as being a reasonable work load during a meeting. Mr. Fouratt explained that with Conditional Use permits, it would be up to the Planning Commission and City Council to determine what conditions are appropriate. Commissioner Harmony asked to see, especially for commercial projects, how they're laid out and how they will configure. The ordinance that is being drafted regarding Conditional Use Permits identifies the necessity for public health safety and welfare. It doesn't specify any particular theme or type design, but gives the Commission the ability to review all site plans. The Commission expressed the desire to see all information that is available from staff to give them a clear understanding of each project. It was also stated that they have the right to ask for additional information to help them make a decision on the projects. DISCUSSION OF CITY POLICIES/STANDARDS Rob Searcy, Assistant Planning Director, explained to the Commission how the City currently determines the height of residential construction. Staff uses the average finished grade to determine the height. The site plans that are submitted along with the application, will show the elevations of the property. The elevation at each corner of the building is what is used. Each of these elevations are added and then divided by the number of sides that have been used and this indicates the average finished grade. That is the point which will determine the height. The County has adopted a new process which uses the natural grade as the baseline to measure the mid -point of buildings. Staff recommended that the City should also adopt the process of using the measurement of the natural grade as opposed to the average finished grade. Discussion followed. Mr. David Escridge asked to speak to the Commission. He stated that the County ordinances have been adopted from the Uniform Building Code which he felt was a good basis for setting standards. He was in opposition to changing these standards because he felt that a height limit of thirty-five (35') feet for residential projects was to restrictive and would not allow for interesting development. [1 Bill McDonald also asked to speak. He asked for a clarification of what establishes the natural grade. He stated that he had submitted a project located in The County which was supposed to adhere to the new policy, but was still being discussed. It was stated by Secretary Tarango that he would have to adhere to the average finished grade, which is the old standard, because any ordinances adopted by the County after the City of Diamond Bar's incorporation on April 18, 1989, does not apply. It was decided that this gentleman should work this matter out with staff at a later date. Secretary Tarango stated that the City had adopted the County's policy of allowing staff to approve certain variances as an administrative decision. It was also his suggestion to the Commission to remove that provision from the City Code. Rob Searcy explained the current Yard Modification application procedure. This application is used for minor modifications of yards dealing with setbacks, etc. Staff's recommendation is to maintain the Yard Modification as a staff review tool, any major modifications would probably require a variance. It was pointed out that any staff decision could be appealed to the Planning Commission. The Commission asked staff to present a proposed ordinance amendment at the next meeting. Commissioner Harmony commended Mr. Fouratt for his diligence in helping the Commission get acquainted in their new positions wished him the best of luck. The entire Commission expressed their agreement with this statement. Mr. Van Nort pointed out, for the record, that Chairman Schey arrived at 7:10 p.m. and asked that he be present at the time of roll call for the following meetings. ADJOURNMENT There being no further business to come before the Commission, Motion was made and seconded, and carried unanimously to adjourn the meeting at 8:45 p.m. to the next regularly scheduled meeting of January 12, 1990 to be held at the Walnut Valley Unified School District Board Room at 7:OO p.m. David Schey Chairman ATTEST: Dennis A. Tarango Secretary, Planing Commission C Petition B 70. INITIATIVE RESOLUTION RELATING TO ZIP CODES Source: City of Grand Terrace WHEREAS, noncontiguous ZIP code lines create a substantial and serious problem for local governments across the nation; and WHEREAS, erroneous ZIP code boundaries cause the apportionment of federal, state, and local revenues to be distributed incorrectly based on ZIP codes which do not reflect the boundaries of the community to which the revenues should be sent; and L WHEREAS, auto and other insurance rates are often based on ZIP code statistics, creating the situation where insurance rates could be significantly different within the same city; and WHEREAS, important community identity and loyalty can be greatly diminished by ZIP code boundaries which do not follow existing community boundaries; and WHEREAS, significant consumer side effects from ZIP code divided cities, such as delays in delivery of important mail, can result in costly consumer credit problems and inefficient commerce; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, December 19, 1989,', that the League urge the United States Congress and National 'League of Cities to endorse House Resolution 2380 and Senate Bi'11 1214 which would give local governments the right to have the United States Postal Service redraw ZIP code boundaries so they db not cross the boundaries of any unit of general local government. init.70 AGENDA NO. _j CITY OF DIAMOND BAR AGENDA REPORT ------------------------------------------------------------------------------- ------------------------------------------------------------------------------ DATE: February 13, 1990 MEETING DATE: February 10, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Lynda Burgess, City Clerk On Friday, February 9, 1990, this office was contacted by an employee of Bramalea California, Inc. requesting information regarding release of the sanitary sewer improvement bond for Tract No. 42573. After researching this matter, it was apparent that the City never received the request from the County to exonerate same. Recommendation It is recommended that Your Honorable Body accept completion of the sanitary sewer improvements as suggested by the County Superintendent of Streets. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: Robert L. Van Nort City Manager --b- --------------- --------------- Andrew V. Arczynski Linda Magnuson City Attorney Sr. Accountant ,y FROM BRAMALEA STE. 6 2. 9.1990 14:48 P. 2 �. CrUNTY OF LOS A.NGL''''KS DEPARTMENT OF PUBLIC WORKS #00 SOUTH F149MONTAYiNVE ALHAM11RA, CALIFORNIA 91107.1331 TekyhoR�r tlll� 4q•If100 TI(OMAS A.TIOUTAN®ON, Dirc:1ot Av6ACSS ALL CQRR$9PpN�L�NCE7pi P.P. JOX 1160 ALHANIBRA. CALIFORNIA 01802.1160 N RMPLY PLWAE! August. 25, 1989 68PIR Y0 PILI; Y.S That City Council City of Di am=d Bar m 2.1664 East Coplay Drive, Suite 300 r- ©rn . Diamond Bac, California 91765 � `> Dear Council MwZere; o SM2'IM &EWER WROV= I'9 PRIME C=1A,C'I' tv. iQ585 TRF,'!.' NO. 42573 The oonstruction of sanitary sewers guaranteed by tho improvement security listed below, and cxmstructed tMder the eub jest Private Cantract, 'has limen coVleted in compliance with the plans and specifications and in a manner satisfactory to the City Migineer, IT 1$ RE=OMMED MT YOUR COLMIL3 1. Approve the work *Aat has been coleted and accept for public use the sanitary sewers. 2. Exonerate tre following listed surety bma l Bcnd NUzu ber 83 SB 100 352 242 Amourt - $14.26,000 Surety - The Aetna Casualty and Surety c.Qmpa,ny 100 West .Broadway Glendale, California 91210 Principal - Bzamisa Ltd. 3151 Mrway Avenue, Suite t4 Costa Mesa, California 92626 After the sanitary sewers become 1:tblic property by youix fornal acceptance, proper maintenance Mn be provided and the City nngineaz can issue permits for iitianal art actions and extensions of the main line a-myer for the uaa of other reaidayta of the City. i.r FROM 6RRMRLER STE. G r rThe City Council , City of Di.a=d Bar Tract No. 42573 A0V*t:25, 1985 Page 2 2. 9.1990 14:48 P. 3 Please :instruct the City Clerk to send a oopy of the City Ccincil action cn tllzs reca=endatim to the surety, pci.ncipel and Superintendent of ftseate/Ci.ty Engineer . truly yours, o�wW T. A. TI DEMA 7SON Suparintandent of Streets/ City Engineer LO:aa/42573 cc: City Cler% FROM BRAMALEA STE. G 2. 901990 14:49 MODE l F ACT ION c 9 0 N 0 1 N F 0 R M A T I 0 N 01 PROJ# 5947 TRACT# 42573 PM# AREA 0/0 01AMOND BAR 02 JOB LOCATION 03 FILED 04/29/87 A6MT EXP 04/29/90 EXT LTR DATE 03/04/99 04 PRINCIPAL SRAMALEA LTD OS ADDRESS 3151 AIRWAY AVE, STE, N CITY COST► MESA 06 SURETY THE AETNA CASUALTY AND SURETY 00, 07 ADDRESS 100 Wo BROADWAY CITY QL4NDALE 08 FINANCIAL INSTITUTION 09 ADDRESS CITY 10 ENGINEER LIND & 8ILLERUD, INC. 11 ADDRESS 44 5, CHESTER AVE, CITY PASADENA 12 SURVEYOR 13 ADDRESS CITY 14 SUSOIVIDER SAME A$ PRINCIPAL, 1s ADDRESS CITY 1E COMMENT SO -DAY RECEIVED ON 2_8-89 90 -DAY 01/26/90 PHONE ST CA ZIP 92626 PHONE ST CA ZIP 91210 PHONE ST ZIP PHONE 618-5774300 5T CA ZIP 91105 PHONE ST ZIP PHONE 5T ZIP MOQ5cF ACTICNI IMPROVEMENT INFORMATION 01 PA04t 5847 TRACT# 42573 PM# AREA 0/0 DIAMOND BAR 02 ,108 LOCATION BONO# 03 ROAD 838B1003E2245 04 ROINS 05 ST TR 6�*59100352F4w 05 TRIMS 07 MONUM OR105948 06 DRAIN 8388100352243 08 SEWER 8355100352242 10 MATER 6358106352244 11 GEOLO 8358100352241 12 F/WAL 13 PRVIN 14 PARK 15 STLGT 16 GNINS 17 SPINS 1s MiSC 19 COMMENT 20 21 AMOUNT REC DT RED OT RET AMOUNT FORD OT EXON DT 8333,700 04/29/87 07,600 04/28/87 01/19/90 07,000 03/02/87 8530,000 04/29/67 03/21/SS 8212,002 $126,000 04/29/87 tD8/26/83 $118,000 04/23/87 03/21/95 834,000 04/29/67 07/1869 MARE? 22 F. 4 AGENDA NO. P CITY OF DIAMOND BAR AGENDA REPORT ------------------------------------------------------------------------------- -------------------------------------------------------------------------------- DATE: February 12, 1990 MEETING DATE: TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Parks and Recreation Commission. VIA: Charles Janiel At the February 8, 1990 Parks and Recreation Commission meeting, it was the finding of the Commission that the recreation activities furnished by the Walnut Valley Recreation are presently funded by unallocated funds that were authorized for the programs during the summer of 1989. Those surplus funds will be exhausted as of the end of February, 1990. To continue our current level of service through the end of the fiscal year will require an allocation of $14,700.00. This amount will fund the program from March 1, 1990 until June 30, 1990. RECOMMENDATION The Parks and Recreation Commission recommends that the City Council authorize an amount not to exceed $15,000.00 for the operation of the Parks Program throught the end of the fiscal year. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $15,000.00 Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: General Fund B �-v---------------------- -------------------- Robert L. Van Nort Andrew V. Arczynski Linda Magnuson City Manager City Attorney Sr. Accountant Y C/ CITY OF DIAMOND BAR AGENDA REPORT DATE: February 12, 1990 MEETING DATE: TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Park and Recreation Commission. VIA: Charles Janiel At the February 8, 1990 Parks & Recreation Commission meeting, the Commission discussed the background and feasibility of a co-op child-care program. Prior to incorporation the County operated a Tiny -Tots Co -Op Daycare at Heritage Park. This program was very popular and always enrolled to maximum capcity. Several Citizens have expressed their desire to both Commissioners and Staff, to have this program reinstituted. Funding of $2,200.00 will cover start-up cost and help offset administrative costs. This amount of funding will allow the program to be offered at $55.00 per month per child. The program offered will be 3 hours per day, on Monday, Wednesday and Friday. Staffing will consist of one paid staff member and a minimum of 2 volunteer parents. This proposal will fund the program from March 1, 1990 through June 30, 1990. It is anticipated that the rehabilitation construction at Heritage Park will commence shortly after June 30, 1990, and the program will be suspended during this time. RECOMMENDATION The Park and Recreation Commission hereby recommends that the City Council authorize funding of $2,200.00 to initiate a Co -Op Daycare Program at Heritage Park. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $2,200.00 Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: General Fund rA UDY ��l�` Robert L. Van Nort Andrew V. Arczynski Linda Magnuson City Manager City Attorney Sr. Accountant AGENDA NO. �O ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ CITY OF DIAMOND BAR AGENDA REPORT -------------------------------------------------------------------------------- ------------------------------------------------------------------------------- DATE: February 14, 1990 MEETING DATE: February 20, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Andrew V. Arczynski, City Attorney As the Council is aware, Pacesetter Building Services was required to obtain space in the City Hall complex from Diamond Bar Business Associates, the building owner, as a material part of its agreement for services with the City. The requirement for space in the City Hall facility was to insure proximity to remaining City functions and ease of access to constituents. The agreement with Pacesetter provides, however, that the City may terminate the agreement on 30 days' notice. Accordingly, Pacesetter has negotiated a lease arrangement with Diamond Bar Business Associates providing them with a termination clause which would run, effectively, in concert with any termination action by the City. As a practical matter, Pacesetter would be unlikely to remain in this building if its service agreement were to be terminated. Accordingly, the landlord has requested the City to sign the termination agreement regarding the Pacesetter lease. The agreement essentially authorizes the landlord to terminate the Pacesetter lease in the event Pacesetter is terminated by the City or, alternatively, require the City to assign the Pacesetter lease obligations to any third party replacing Pacesetter. We believe that the agreement is appropriate and recommend the City Council authorize execution. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: R - T - - - - - - - - - - - - - - - - - - - - ----------- ..'- - - -- - - - - - -------------------- Robert L. Van Nort Andrew V. AVrczynski Linda Magnuson City Manager City Attorney Sr. Accountant . Aw AGREEMENT RE TERMINATION This Agreement Re Termination (the "Agreement") is entered into as of this day of , 1990 by and among Diamond Bar Business Associates, a California general partnership ("Lessor"), Pacesetter Building Services, a California corporation, dba City of Diamond Bar Building and Safety Department ("Lessee"), and the City of Diamond Bar (the "City") with reference to the following recitals of fact: R E C I T A L S: A. WHEREAS, Lessor and Lessee have entered into that certain Standard Office Lease - Gross, dated as of November 27, 1989 (the "Lease"), for the lease of certain office space located at 21660 E. Copley Drive, Diamond Bar, California (the "Premises). B. WHEREAS, Lessee has been hired by the City to perform certain building and safety regulatory functions, including plan checking and building permit issuance (the "Plan Checker"). C. WHEREAS, the parties hereto desire to set forth their understanding in the event Lessee is terminated by the City as the Plan Checker. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: A G R E E M E N T• 1. Notice of Termination. No later than five (5) days after Lessee's receipt of notice thereof, Lessee shall notify Lessor in writing of any notice of termination or threat of termination received from the City and shall deliver to Lessor copies of any notice of termination or any written threat of termination received from the City. 2. Termination of Lease. In the event Lessee is terminated by the City as the Plan Checker, Lessor shall elect, in its sole discretion, to either (a) terminate the Lease, or (b) require Lessee to assign to the New Tenant (as defined below) all of Lessee's right title and interest in and to the Lease. Such termination or assignment shall be effective as of the later to occur of (the "Release Date"): (i) 30 days after Lessor's receipt of the notice delivered pursuant to theterms of Section 1 above, (ii) the date upon which Lessee assigns the Lease to the New Tenant, or (iii) the last day of Lessee's employment with the City. Effective as of the Release Date, Lessor shall release and discharge Lessee from all of Lessee's obligations under the Lease arising subsequent to the Release Date. 3. New Tenant. In the event the City terminates Lessee and hires an independent third -party to replace Lessee as the Plan Checker (the "New Tenant"), then the City shall require the New Tenant to, at the option of Lessor, either (a) accept an assignment of the Lease from Lessee, or (b) enter into a new lease with Lessor for the Premises. In the event Lessor elects to proceed under the alternative described in subparagraph (a) above, then, effective as of the Release Date, the New Tenant shall agree to observe, perform and assume all the terms, covenants and conditions and obligations contained in the Lease to be performed by the lessee thereunder. In the event Lessor elects to proceed under the alternative described in subparagraph (b) above, then the New Tenant shall enter into a new lease for the Premises for the remainder of the term of the Lease on terms identical to the terms of the Lease., except that the New Tenant shall not be entitled to any free rent or any tenant improvement allowance. 4. Concurrent Notice. City agrees to concurrently deliver to Lessor any notice of termination given to Lessee. 5. Further Documents. Each party shall furnish to the other party, upon request, such other documents as may be reasonably required in order to carry out the provisions of this Agreement. 6. Attorney's Fees. In the event any party hereto brings suit to enforce or interpret this Agreement, or for damages on account of breach of any covenant in this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and costs as determined by a court of competent jurisdiction. 7. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one agreement. IN WITNESS WHEREOF, the undersigned have entered into this Agreement as of the day and year indicated above. "LESSOR": DIAMOND BAR BUSINESS ASSOCIATES, a California general partnership By: Diamond Bar Partners, a California general partnership, a partner By: Zelman Development Co., a California Limited Partnership, a partner By: Zelman Management Co., a California corporation, a general partner By: Its: By: New England Mutual Life Insurance Company, a Massachusetts corporation, its general partner By: Copley Real Estate Advisors, Inc., a Massachusetts corporation, Asset Manager and Advisors duly authorized By: Its Managing Director "LESSEE": PACESETTER BUILDING SERVICES, a California Corporation, dba City of Diamond Bar Building and Safety Department By: Its: "CITY": CITY OF DIAMONI) BAR By: Its: AZ010001.57W ,d� CITY OF DIAMOND BAR MEMORANDUM TO: Andrew Arczynski, City Attorney FROM: Robert L. Van Nort, City Manager SUBJECT: PaceSetter Building Services Lease DATE: February 5, 1990 It is requested that you review the attached agreement between the Diamond Bar Business Association, Pacesetter, and the City of Diamond Bar. In view of our current situation, I have no objection to the City having been named as a third party to replace Pacesetter should they be terminated. Should you concur, it is requested that the matter be placed on the February 20, 1990 Consent Calendar. Sincerelv, RLVN/dkc attachment cc: _ity Clerk: 1 ' `r r DIAMOND BAR BUSINESS ASSOCIATES 515 SOUTH FIGUEROA STREET • LOS ANGELES, CALIFORNIA 90071 • TELECOPIER (213) 628-1208 • TELEPHONE (213) 628-0624 January 31 ,1990 Mr. Robert Van Nort CITY OF DIAMOND BAR 21660 E. Copley Drive, Suite 100 , Diamond Bar, California 91765 Re: Pacesetter Building Services Lease Dear Bob: Enclosed for your review, is an initial draft of an agreement to terminate the above referenced lease in the event the City of Diamond Bar elects to terminate the services of Pacesetter Building Services. As I briefly discussed with you some time ago, Diamond Bar Business Associates would agree to this type of an agreement if the city would be willing to agree to require any third party hired to replace Pacesetter to take over their space. Once you have had a chance to review the agreement please call me with any comments or questions. We appreciate your time and consideration concerning this matter. Sincerely, / Joan Smigel Associate Vice President JS:mi Enclosure P Ori CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. DATE: February 12, 1990 MEETING DATE: 2/20/90 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Robert L. Van Nort, City Manager Background: The California Water Awareness Campaign has requested the City Council adopt a Resolution setting aside May as "Water Awareness Month". The City of Diamond Bar cannot wait until May to encourage water conservation. The problem is upon us now. We must act responsibly, immediately to ensure we have sufficient water during the forthcoming "dry" months. Recommendation: It is therefore recommended that the City Council adopt the attached Proclamation as well as further, work with the Walnut Valley Water District to ensure that our Water Awareness Campaign addresses a conservation of water by all citizens of Diamond Bar. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: --------------------------------------------------------- ------ Robert L. Van Nort Andrew V. Arczynski Linda Magnuson City Manager City Attorney Sr. Accountant PROCLAMATION Water Awareness Month WHEREAS, water is California's most precious natural resource, and; WHEREAS, the state has experienced three consecutive dry years, and; WHEREAS, the drought has demonstrated the significance of water to the health and welfare of all our communities, and; WHEREAS, to ensure an ample supply of good quality water for our residents, we must work together to effectively conserve and protect the local water resource, and; WHEREAS, during the month of May, the City of Diamond Bar joins with the California Water Awareness Committee composed of various urban and agricultural water. communities to work to increase understanding of water conservation; NOW, THEREFORE, BE IT PROCLAIMED by the City Council of the City of Diamond Bar that the month of May, 1990 as Water Awareness Month in the City of Diamond Bar, and urge all citizens to join in supporting local water organizations in their effort to help Californians be water aware. Mayor ATTEST: City Clerk of the City of Diamond Bar PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROCLAIMING THE MONTH OF MARCH AS RED CROSS MONTH WHEREAS, the American Red Cross is one of the largest and oldest social service organizations in America; and WHEREAS, volunteer and financial contributions are needed more now than ever before to protect this needs of our citizens; and WHEREAS, volunteers make it possible for the Red Cross to collect and provide blood to the ill and injured, provide emergency assistance to disaster victims, and to respond to the emergency needs of armed forces personnel and their families and dependents; and WHEREAS, Red Cross volunteers conduct thousands of courses in health and safety; and WHEREAS, for over 100 years the American Red Cross has been an essential ingredient of American life helping us to learn, to help and to prosper; and WHEREAS, March 1990 is American Red Cross Month, Pomona Valley Chapter will be conducting its annual "Community Support Campaign"; J 'a` NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby proclaim the month of March as RED CROSS MONTH. ATTEST: City Clerk of the City of Diamond Bar Mayor 4 ' s American Red Cross Mayor Phyllis Papen% City Council City of Diamond Bar 21660 E. Copley Drive Suite 100 Diamond Bar, Ca. 91765 Dear Friends: Pomona Valley Chapter X675 North Park Avenue P.O. Box 559 Pomona, California 91769-0559 (714) 622-1348 2125 Bonita Avenue La Verne, California 91750-4916 (714) 596-1877 ' ruary 2, 1990 March 1990 has been proclaimed "Red Cross Month" by President George Bush, and for the second year, Pomona Valley Red Cross is launching the Chapter's "Comnmity Support Campaign" at this time in order to provide funds for emergency services in the Pena Valley. We would appreciate your recognition of "Red Cross Month" with a proclamation if you find this action appropriate. I am enclosing a sample wording of a proclamation for your convenience. Thank you for your continuing support. Sincerely, Don Crawford Board Chairman DC: ss UNITED w., Serving Diamond Bar, La Verne, Pomona, San Dimas, Walnut Since 1917 M r ! d PROCLAMATION American Red Cross Month WHEREAS, the American Red Cross is one of the largest and oldest social service organizations in America; and WHEPEAS, volunteer and financial contributions are needed more now than ever before to protect the needs of our, citizens; and Wf S, volunteers make it possible for the Red Cross to collect and provide blood to the ill and injured, provide emergency assistance to disaster victims, and to respond to the emergency needs of armed forces personnel and their families and dependents; and WHEREAS, Red Cross volunteers conduct thousands of courses in health and safety; and WHEREAS, for over 100 years the American Red Cross has been an essential ingredient of American life helping us to Learn, to help and to prosper; and WHEREAS, March 1990 is American Red Cross Month, Pamona Valley Chapter will be conducting its annual "Community Support Campaign"; NOW, THEREFORE, I , Mayor of the City of , hereby proclaim March 1990 as 11101K41CM, 3.1261-02+i yl ;I in the City of and on behalf of the City Council, I urge all residents of to donate their time and their resources to support Red Cross activities. Mayor PETER F. SGHADARUM CHAIRMAN OF THE BOARD February 5, 1990 BOARD OF SUPERVISORS COUNTY OF LOS ANGELES 856 HALL OF ADMINISTRATION / LOS ANGELES, CALIFORNIA 90012 - 2757 (213)974-4111 Honorable Phyllis Papen Mayor City of Diamond Bar P.O. Box 4562 Diamond Bar, California 91765 Dear Mayor Papen: In an effort to expand city government involvement and increase citizen awareness of the County's innovative arts program, Partnership II, I am writing to encourage you to participate in the grant process as Mayor of Diamond Bar. It is the mission of this grant program to provide artistic and administrative aid and technical assistance to the broadest possible range of emerging, low -budget arts organizations resident in Los Angeles County. The National/State/County Partnership (the "Partnership") is a cooperative,regrant program funded by the National Endowment for the Arts (Support for Local Arts Agencies), the California Arts Council (State/Local Partnership Program for the Arts) and the Los Angeles County Board of Supervisors (Music and Performing Arts Commission). The program is administered by the Music and Performing Arts Commission. The Partnership has assisted 117 organizations representing ten art disciplines with grants totaling $887,500 over a five-year period. It is my hope that after reviewing the enclosed materials you will join me and the other members of the Board of Supervisors in supporting the continued success of this program by: 1. Notifying eligible organizations in your city of the Spring 1990 grant cycle and related workshops (schedule enclosed) and direct them to the Commission for guidelines and applications; 2. Hosting a future grant -writing workshop for organizations in your city, conducted by Commission) staff; and 3. Including information about the program in any of your cultural newsletters or other appropriate public correspondence. Honorable Phyllis Papen February 5, 1990 Page Two In addition, you are invited to submit names of qualified individuals in your city who may be interested in serving on a peer panel for the selection of grantees. Commission staff will obtain resumes and the necessary background information regarding your nominees for inclusion in the peer panel pool. Finally, the Commission provides technical. consultations to any city which is interested in establishing its own local arts agency and/or grant programs. If you are interested in such assistance, please contact me or the Commission office at 213/974-1343 for further information. The Partnership program is considered a model program by the National Endowment for the Arts, the California Arts Council and local arts agencies throughout the country. I hope I: can count on your enthusiastic support. Sincerely yours, PETE SCHABARUM Supervisor, First District PS: sic Enclosures OF LOS AN CAl IFORN1P TO: SUBJECT: FROM: KENDIS HEFFLEY MARCOTT NATIONAUSTATE/COUNTY PARTNERSHIP DATE: 1/15/90 APPLICATION MATERIALS Enclosed please find the requested National/State/County Partnership guidelines, instructions, and application. Please telephone the Partnership office at (213) 974-1343 with any questions. Please note that the next deadline is Friday, March 2, 1990. Grant preparation workshops will be conducted during February, 1990. It is recommended that all applicants attend one of the workshops which are scheduled as follows.- Sponsored ollows: Sponsored by the WHITTIER ARTS COMMISSION Monday, February 12, 1990 - 7:30 p.m. Whittier Senior Center 13225 Walnut, Whittier Sponsored by the PASADENA ARTS COUNCIL Tuesday, February 13, 1990 - 4:00 p.m. Pasadena Arts Council 116 The Plaza Pasadena, Pasadena Sponsored by the DANCE RESOURCE CENTER and THEATRE LA Thursday, February 15, 1990 - 7:00 p.m. Japanese American Cultural & Community Center (Second floor conference room) 244 South San Pedro Street, Los Angeles Sponsored by PUBLIC CORPORATION FOR THE ARTS Monday, February 12, 1990 - 4:00 p.m. Long Beach Convention Center - Green Room 300 East Ocean, Long Beach Sponsored by CARS and HIGHWAYS Tuesday, February 13, 1990 - 10:00 a.m. Highways Performance Space 1651 18th Street, Santa Monica Sponsored by INNER CITY CULTURAL CEN'T'ER Thursday, February 15, 1990 - 1:00 p.m. Inner City Cultural Center 1308 New Hampshire Avenue, Los Angeles Reservations are not required for attendance at any of the workshops. ------------------------------------------------------------------------------ CITY OF DIAMOND BAR AGENDA REPORT --------------------- ------------------------------------------------------------------------------ February 15, 1990 COUNCIL AGENDA DATE: FEBRUARY 20, 1990 TO: CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER..._ SUBJECT: TRAFFIC SIGNAL IMPROVEMENTS - GRAND AVENUE As previously reported to the City Council it is our intent to advertise for bids on the traffic signal poles in advance of completion of the subject improvement plans because of the delay in delivery of poles which are not normally ordered until after award of a specific contract. The normal delivery time after order is about 14 weeks. By pre ordering the poles we can usually predict actual installation dates. About 90% of the traffic installation can be accomplished prior to pole installation and the actual pole installation, per intersection, usually is accomplished in one day. As of this date we have not completed the pole schedule but should have it available by Tuesday with accompanying bid package for your approval and authorization to advertise for bids. We would anticipate the bid date to be on/or about the 13th of March with award of purchase on March 20, 1990. RLK: n b:2026: db-cc:grand\signal (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: REVIEWED BY: -------------- -------------------- Robert L. Van Nort Andrew V. Arczynski Linda Magnuson City Manager City Attorney Sr. Accountant 4^ CITY OF DIAMOND BAR STATE OF CALIFORNIA SPECIFICATIONS FOR TRAFFIC SIGNAL EQUIPMENT GRAND AVENUE AND DIAMOND BAR BOULEVARD IN THE CITY OF DIAMOND BAR RONALD L. KRANZE:R R.C.E. 18503 CIVIL ENGINEER The City Clerk of the City of Diamond Bar, California will receive at her office in the City Hall, in said City, until 10:00 a.m. on March 13, 1990, sealed proposals for the performance of the above described services. CITY OF DIAMOND BAR Phyllis Papen, Mayor Gary Werner, Mayor Pro Tem Paul V. Horcher, Councilmember Gary Miller, Councilmember John Forbing, Councilmember Robert L. Van Nort, City Manager Robert P. Morgenstern, Project Manager SPECIFICATIONS FOR TRAFFIC SIGNAL EQUIPMENT GRAND AVENUE AND DIAMOND BAR BOULEVARD IN THE CITY OF DIAMOND BAR RESOLUTION NO. 90- A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNAL EQUIPMENT FOR GRAND AVENUE AND DIAMOND BAR BOULEVARD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the specifications for Traffic Signal Equipment for Grand Avenue and Diamond Bar Boulevard. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:00 o'clock A.M. on the 13th day of March, 1990, sealed bids or proposals for the Traffic Signal Equipment for Grand Avenue and Diamond Bar Boulevard in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for Traffic Signal Equipment for Grand Avenue and Diamond Bar Boulevard". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Page 4 The Contractor shall forfeit, as penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Page 5 Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall employ with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an -amount equal to fifty percent (50%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of none, said $ N C is nonrefundable. Page 6 W, Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of $5.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 9-3 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California, reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California. Dated this 20th day of February, 1990 PASSED, ADOPTED and APPROVED by the City of Council of the City of Diamond Bar, California, this 20th day of February, 1990. Mayor ATTEST: City Clerk I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Diamond Bar, California, at its regular meeting held on the 20th day of February, 1990, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Page 7 City Clerk, City of Diamond Bar, California INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Standard Specifications for Public Works Construction, 1988 Edition. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guaranty that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed. 3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid upon, alternative proposals or any other modifications of the bid form which is not specifically called for in the contract documents may result in the Owner's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered but a telegraphic modification may be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. Page 8 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall be allow any subcontractor to commence work on this subcontract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer of insurers, satisfactory to and first approved by the City in writing. Certificates of insurance in the amounts required shall be furnished by the contractor to the City prior to the commencement of work. The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. The contractor shall maintain public liability insurance to protect said contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said contractor and the City against loss from liability imposed by law, for damage to any property, damage insurance shall be maintained by the contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $500,000 for one person injured in the accident and in the amount of not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $500,000 with respect to any property damage aforesaid. The City shall be named a co-insured regardless of fault. Page 9 The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any pert of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the Owner a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. DISQUALIFICATION OR BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. 11. AWARD OF CONTRACT: The City may award the contract to the lowest responsible bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be compared on the basis of the lowest possible cost relative to the alternate or alternates selected and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals; provided that the award may be made after said period of the successful bidder shall not have given the City written notice of the withdrawal of his bid. 12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid, or on the base bid and any alternate or combination of alternates. 13. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. Page 10 14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Gov. Code Sec. 4100 and following). Forms for this purpose are furnished with the contract documents. 15. WORKMEN'S COMPENSATION: In accordance with the provisions of Section 3700 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the Owner the following certificate prior to performing the work under this contract: "I am aware of the provisions of Section 3700 of the Labor Code which require compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 16. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the Owner, will be held for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 17. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City on the form agreement provided, and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then re readvertised. 18. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at S4380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 19. EMPLOYMENT OF APPRENTICES: The contractor, and all subcontractors, shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment ,of apprentices and trainees, the contractor and all sub- contractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR). Page 11 20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 21. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. The Contractor shall forfeit as penalty to the City of Diamond Bar, twenty-five dollars ($25) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code„ and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file and available for inspection in the Office of the Department of Industrial Relations, Division of Labor Statistics and Research. 22. PERMITS, FEES AND LICENSES: The Contractor shall possess a valid City of Diamond Bar business license prior to the issuance of the first payment made under this contract. 23. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence work on or before the date of the written "Notice to Proceed" of the City and to fully complete the project within one -hundred -twenty (120) calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of two -hundred -fifty dollars ($250.00) for each calendar day thereafter as provided in the General Conditions. 24. NO REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are advised that upon payment of the appropriate purchase price, the set of contract drawings and specifications become the property of the purchaser and are not to be returned to the City of Diamond Bar. 25. AWARD OF CONTRACT: The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. 26. QUANTITIES: The quantity of work for the unit price items to be done under the contract, as noted in the Schedule of Prices, is an estimate and is not to be taken as an expressed or implied statement that the actual quantity of work will correspond to the estimate. The right is reserved by the City of Diamond Bar to increase or decrease or to entirely eliminate items from the work if found desirable or expedient. The Contractor will be allowed no claims for anticipated profits, loss of profits or for any damages of any sort because of any difference between the estimated and actual quantities of work done or for work decreased or eliminated by the City of Diamond Bar. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. Page 12 27. WITHDRAWAL OF BIDS: The bidder may withdraw his bid at any time prior to the date and hour set for opening of bids upon presentation of a written request to the City's Engineer signed by an authorized representative of the bidder or by the person filing the bid. 28. INVALID PROPOSALS: Proposals submitted by telegraph and those which are not logged in at the office of the City Clerk of the City of Diamond Bar, prior to the date and hour set for receipt of same will .not be considered. 29. ALTERING PROPOSALS: The wording of the proposals shall not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. Erasures of interlineations in the proposal must be explained or noted over the signature of the bidder. 3o. ACCEPTANCE OR REJECTION OF BIDS: The City Council of the City of Diamond Bar reserves the right to accept any bid or reject any or all bids and to waive any informality or defects in bids received as the best interests of the City of Diamond Bar. Proposals in which the bid prices are obviously unbalanced may be rejected. Proposals in which a bid item is left totally blank will be considered as being nonresponsive and automatically rejected. 31. BID PRICES AND AGREEMENT OF FIGURES: If a unit price bid item total amount arrived at by multiplying the unit price times the quantity does not agree with the total amount entered for the item or if the total amount is not entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in a unit price bid item the total amount is entered for the item but not the unit price, the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid on individual items (if called for) do not add up to the total amount shown, the correctly added total of the individual items shall prevail over the total amount. 32. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to time, issue addenda to the contract documents during the period of advertising for bids, for the purpose of clarifying or correcting special provisions, plans or bid proposal. Purchasers of contract documents will be furnished with copies of such addenda, either by first class mail or personal delivery, during the period of advertising. The addenda will be sent to the address the purchaser of the contract documents left with or furnished the City of Diamond Bar at the time the purchase was made. Page 13 CITY OF DIAMOND BAR SPECIFICATIONS FOR TRAFFIC SIGNAL EQUIPMENT GRAND AVENUE AND DIAMOND BAR BLVD. DESCRIPTION The work shall consist of furnishing traffic signal poles for the intersection of: GRAND AVENUE AND DIAMOND BAR BOULEVARD The equipment shall be installed at a later date by the City under separate City contract. STANDARDS STEEL PEDESTALS AND POSTS Traffic signal poles shall conform to Section 86-2.04 of the Standard Specifications and the Standard Plans of the California Department of Transportation, dated January, 1988. Poles shall be furnished complete with anchor bolts. Poles shall be delivered to the city of Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, Ca 91765-4177. DELIVERY The Contractor shall be responsible for all costs associated with transportation, loading, offloading and delivery of all equipment to the locations designated herein. The Contractor shall also be responsible to deliver all equipment to the City of Diamond Bar in first-class working order and ready for field installation. TIME OF COMPLETION AND LIQUIDATED DAMAGES All equipment shall be delivered to the City of Diamond Bar within one -hundred -twenty (120) calendar days after award of the bid. Liquidated damages shall be assessed at the rate of $250.00 per day for each day in excess of the time allowed. Page 14 CITY OF DIAMOND BAR SPECIFICATIONS FOR TRAFFIC SIGNAL EQUIPMENT GRAND AVENUE AND DIAMOND BAR BLVD. WARRANTIES GUARANTEES AND INSTRUCTION SHEETS The poles, mast arms, and components shall be guaranteed for a period of one year from date of delivery and acceptance at Diamond Bar City Hall. PAYMENT The prices bid for the various items shall include all costs, including, but not limited to, material, transportation, protection of equipment and applicable sales tax. No additional payment will be made therefor. Page 15 CITY OF DIAMOND BAR SPECIFICATIONS FOR TRAFFIC SIGNAL EQUIPMENT GRAND AVENUE AND DIAMOND BAR BLVD. ITEM DESCRIPTION UNIT AMOUNT NO. QUANTITY PRICE 1 2 Type 29-5-7 (30' height) pole with 50' signal mast - arm and 12' luminaire mast -arm 2 4 Type 15 (E) (28'6" height) pole with 12'(E) luminaire mast -arm 3 2 Type 26-4-70 (30' height) pole with 45' signal mast - arm and 12' luminaire mast - arm TOTAL BID $ In words In figures In case of discrepancy between words and figures, words shall prevail. Unbalanced bids may result in rejection of the entire bid proposal. Bid price indicated refers to all items illustrated on plans and details, and delineated within specifications installed and completely in place in accordance with all applicable portions of the construction documents and include all costs connected with such items including, but to necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for General Contractor and Subcontractors. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. Page 17 CITY OF DIAMOND BAR SPECIFICATIONS FOR TRAFFIC SIGNAL EQUIPMENT GRAND AVENUE AND DIAMOND BAR BLVD. The undersigned bidder further understands that the City of Diamond Bar, California reserves the right to award all or any part of this bid without any obligation to the City. The City also reserves the right to waive and informality in bids. Dated: , 1990 PROPER NAME OF BIDDER By: (Signature of bidder) Address City and Zip Code Telephone Number License No. and Type Page 18 CITY OF DIAMOND BAR SPECIFICATIONS FOR TRAFFIC SIGNAL EQUIPMENT GRAND AVENUE AND DIAMOND BAR BLVD. Accompanying this proposal is . (insert "$ cash," "cashiers check," "certified check," or "bidder's bond," as the case amy be) in the amount equal to at least ten percent (10%) of the total bid. The undersigned further agrees that in case of default in executing the required contact, with necessary bond, within ten (10) days, including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) SIGNATURE DATE ADDRESS CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION Page 19 The definitions of the symbols and abbreviations used in the Schedule of Prices are as follows: Ave. Avenue & And AC Asphaltic Concrete Blvd. Boulevard CAB Crushed Aggregate Base CB Catch Basin Conc. Concrete Conn. Connector or Connection Const. Construct CIP Cast Iron Pipe CSP CY D Dia. Dbl. Dwy. EA ELC Excay. Ex. or Exist. Fur. & PI Ga. Galy. Gr. H HC Improv. 'JS Lb. LD Corrugated Steel Pipe Cubic Yard D -load of pipe Diameter Double Driveway Each Electrolier Lighting Conduit Excavation Existing Feet Furnish and place Gauge Galvanized Grate High or height House connection sewer Improvements Inches Junction Structure Pounds Local Depression LF LS Mod. MH No. NRCP Pvmt. Perm. Surf. PCC RC RCB RCP Reconn. Reconst. Reinf. Restor. Resurf. Rd. Sched SD Sec. SF. Spec. SS Sta. St. Struct. Trans. TS Var. VCP W Page 20 Linear Feet Lump Sum Modified Manhole Number Number Nonrei nforced concrete Pipe Pavement Permanent Surfacing Portland Cement Concrete Reinforced Concrete Reinforced Concrete Box Reinbroed Concrete Pipe Reconnect Reconstruct Reinforcing or reinforced Restoration Resurfacing Road Schedule Storm Drain Section Square Feet Special Sanitary Sewer Station Street structure Transition Transition Structure Variable Vitrified Clay Pipe Wide or Width SUBCONTRACTORS LIST In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the general contractor's total bid, and the portion of the work which will be done by each subcontractor. Name under which Sub- License Address of Office, Specific Description contractor is licensed Number Mill or Shop of Sub -contract work & portion of the Work If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.) Dated Bidder Signature Signature Page 21 AFFIDAVIT FOR CO -PARTNERSHIP FIRM STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is a member of the co -partnership firm designated as which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. That he has been and is duly vested with authority to make and sign instruments for the co -partnership by who constitute the other members of the co -partnership. Subscribed and sworn to before me this day of Signature 19 Signature of Officer Administering Oath (NOTARY PUBLIC) Page 22 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is of, a corporation which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this day of Signature 19 Signature of Officer Administering Oath (NOTARY PUBLIC) Page 23 AFFIDAVIT FOR INDIVIDUAL BIDDER STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this day of Signature 19 Signature of Officer Administering Oath (NOTARY PUBLIC) Page 24 AFFIDAVIT FOR JOINT VENTURE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is of, one of the parties submitting the foregoing bid as a joint venture and that he has been and is duly vested with the authority to make and sign instruments for and on behalf of the parties making said bid who are: that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this day of Signature M1 Signature of Officer Administering Oath (NOTARY PUBLIC) Page 25 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the contract is hereby waived by such Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1990. PRINCIPAL BY: (SEAL) SURETY BY. (SEAL) Page 26 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, AND as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of DOLLARS ($ ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed contract with said City for construction of the work under the City's specification entitled and is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if said Contractor in said contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of PRINCIPAL SURETY BY: BY: ( SEAL) Page 27 ( SEAL) 1990. BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as principal, and as surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or .its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on March 13, 1990 for Traffic Signal Equipment for Grand Avenue and Diamond Bar Boulevard, in the City of Diamond Bar. NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by,the court. Page 28 BIDDER'S BOND (CONTI:NUED) IN WITNESS WHEREOF, we have hereunto set: our hands and seals on this day of A.D., 1990 (seal) (seal) (seal) (seal) PRINCIPAL (seal) (seal) SURETY (seal) ADDRESS NOTE: Signatures of those executing for the surety must be properly acknowledged. Page 29 AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Traffic Signal Equipment for Grand Avenue and Diamond Bar Boulevard. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Traffic Signal Equipment for Grand Avenue and Diamond Bar Boulevard. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. Page 30 n 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to complete his portion of the work within one -hundred -twenty (120) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of two -hundred - fifty ($250.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract., Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: Page 31 w b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto ($500,000 each person; $1,000,000 each accident. 2) Public Liability - ]Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to by so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: Page 32 "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in formsatisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall at -the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is here by given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. copies of such prevailing rates of per diem wages are on file in the office of the City clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Page 33 The contractor shall forfeit, as penalty to City, twenty five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship council, properly indentured apprentices may a employed :in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. Page 34 The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY:_ Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in 'connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent Page 35 t contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in. connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, o liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, its made a party to any action or proceeding filed or prosecuted against he Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. Page 36 i 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated March 13, 1990. 12. ATTORNEYS' FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto. Page 37 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date By:_ Title Title CITY OF DIAMOND BAR, CALIFORNIA By:_ Mayor By: City Clerk Date Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time Page 38 RESOLUTION NO. 90-21 A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNAL EQUIPMENT FOR GRAND AVENUE AND DIAMOND BAR BOULEVARD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the specifications for Traffic Signal Equipment for Grand Avenue and Diamond Bar Boulevard. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California; directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:00 o'clock A.M. on the 13th day of March, 1990, sealed bids or proposals for the Traffic Signal Equipment for Grand Avenue and Diamond Bar Boulevard in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for Traffic Signal Equipment for Grand Avenue and Diamond Bar Boulevard". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Page 1 The Contractor shall forfeit, as penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor, or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Page 2 K Eight (8) hours of labor shall constitute a legal day's; work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall employ with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to fifty percent (50%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of none, said $ N C is nonrefundable. Page 3 A 1' Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of $5.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 9-3 of the General Provisions, as set forth in the Plans and Specifications regarding the worts contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the: Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California, reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California. Dated this 20th day of February, 1990 PASSED, ADOPTED and APPROVED by the City of Council of the City of Diamond Bar, California, this 20th day of February, 1990. Mayor ATTEST: City Clerk I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Diamond Bar, California, at its regular meeting held on the 20th day of February, 1990, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Page 4 City Clerk, City of Diamond Bar, California PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROCLAIMING THE MONTH OF MARCH AS B.A.D. (BUSINESS AGAINST DRUGS) WHEREAS, six area business have joined together to fund and operate a Diamond Bar anti-drug campaign during the month of March; and WHEREAS, these business are ready and willing to co-ordinate a drug abuse program in the City of Diamond Bar; and WHEREAS, these businesses are making available to all students 11 years and older the following services at no cost: brochures outlining the dangers of drug abuse, interventions, 24 hour hot line, 24 hour crisis team, drug screening tests, assessments, initial consultation with a counselor, information, referrals and speakers. NOW THEREFORE, BE IT PROCLAIMED that the City Council of the City of Diamond Bar proclaim the Month of March, 1990 as B.A.D. (Businesses Against Drugs). Mayor ATTEST: City Clerk of the City of Diamond Bar AGENDA ITEM NO. 16 NO DOCUMENTATION REQUIRED AGENDA ITEM NO. 17 NO DOCUMENTATION REQUIRED G DATE: February 15, 1990 TO: DENNIS TRANGO, PLANNING DIRECTOR �F. FROM: RONALD L. KRANZER, CITY ENGINEER - SUBJECT: TRACT 45678 A review of available records indicate that this map was tentatively approved by Los Angeles County Department of Regional Planning on March 23, 1988 and was conditioned upon conformance to Conditional Use Permit No. 87-373, a companion matter. A copy of the approval letter from L.A. County regarding these two items together with the associated Oak Tree Permit are attached. The time limit granted on these items is two years with the provision that the recordation of the final map constituting use of the Conditional Use Permit and Oak Tree Permit. I am aware of certain acceptance by cities regarding annexation and/or incorporation relative to tentative tracts but I am not regarding matters of zoning or as in this case CUPS. I briefly discussed this with the City Attorney this morning and advised him of the previous County approvals and indicted that you had copies of the conditions of approval. I believe the County reports on these matters fully describe the issue at hand but in summary the project consists of subdividing approximately two acres into 9 residential lots and one large open space lot. the nine residential lots vary in size from 5,815 sq. ft. to 9,050 sq. ft. The Conditional Use process was utilized to allow the subdivision of the property as a density controlled development. The midpoint of the range of density under the Diamond Bar Community Plan is 4.65 units and it was established that the project's threshold is 9 units. The more significant concerns for this property are the oak trees and barranca. The plan calls for preserving oak trees (see Oak Tree Permit) and maintains natural open space. The proposed development per the final map and a County approved grading pian for this project achieves that goal - the dedicated open space, Lot 10, consists of 25% of the total area to be developed and about 1/2 of the remaining area within the individual lots is to remain natural resulting in about 63% of the total area remaining natural. The only questions I have on the final- map with reference to tentative map conditions are: 1. What has been provided to clarify the ownership and maintenance of the open space lot (Lot 10 and Condition 3) - the owners statement on the map only provides that they dedicate a right to construct residential buildings within Lot 10. This would assure that they retain ownership, but who maintains. I suppose this could be incorporated into CC&R's; RRA CIVIL ENGINEERS 398 Lemon Croek Dr., Walnut CA (714) 594-9702 (Sig) 331-8323 February 15, 1990 Tract 45678 Page 2 2. Condition 1 provides for conformance to CUP Conditions and Condition 9 of CUP 87-373 states "That open space shall comprise not less than 50% of the net area". As stated above Lot 10 (Open Space) is 25% of the total area. How do we guarantee the other 25%? 1 am familiar with a provision that can be added to a final map relative "natural area" and I believe that is the intent here. The grading plan clearly indicates that the barranca will not be disturbed as part of this plan but I think we need stronger control somewhere to provide that the barranca be left undisturbed in perpetuity. I have been trying to contact the engineer and owner this morning, but no luck - we need answers to maintenance of Lot 10 together with further clarification of "Open Space", and we also need some language applied to either the map or CC&R's relative to the open space/natural area to the rear of all lots that is intended to remain in its present natural state. Without further clarification of these matters of open space ownership and maintenance the map cannot be said to comply with all conditions of approval. RLK: n b:2025: d b-pl n:tr45678 AGENDA NO.; CITY OF DIAMOND BAR AGENDA REPORT ----------------------------- DATE: February 15, 1990 MEETING DATE: February 20, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Dennis Tarango, Acting Planning Director BACKGROUND: Pursuant to Council's directive, the Planning Department has reviewed CUP 87502(1) as it relates to the proposed car wash located at 1024 South Bred Canyon Road (the southeast corner of Golden Springs and Brea Canyon Road). The application was approved by the County on March 23, 1988. The applicant requested a change of zone from C2 -BE (Neighborhood Business -Billboard Exclusion) to C2 -DP -BE (Unlimited Commercial - Development Program -Billboard Exclusion) in order to construct a self- service, automatic car wash in addition to the existing use. The Development Program requirements were expressed in the Conditional Use Permit conditions and provide a guideline to ensure the property is developed in a manner compatable with the adjacent and surrounding land uses. After reviewing the submitted site plan and elevations, City staff has determined that the project met the minimum County codes in effect when the approval was given. In additon, the applicant has removed two (2) 15 foot signs, one (1) located on Brea Canyon and the other on Golden Springs. Staff has recommended to the applicant that they present the approved project to the City Council. Enclosed are the elevations and site plan on the approved CUP. (Narrative continued an next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: 1W ---77 ------------------------------------------ -------------------- Robert L. Van Nort Andrew V. Arczynski Linda Magnuson City Manager City Attorney Sr. Accountant CUP 87502(1) February 15, 1990 Page Two RECOMMENDATION The proposal is consistent with the Diamond Bar Community Plan and imposes negliable impact to the surrounding area. The project does provide a service to the community not available at this time. Therefore, staff recommends approval of the project as amended. DAT: da SPECIFICATIONS I WORK TO BE DONE A. Work to be done under this Agreement shall include furnishing of all labor, material and equipment necessary for, and the collection of, all refuse within the present or future City limits of City according to these Specifications, and the disposal of such refuse in the nearest available Los Angeles County dump, transfer station or other site approved by City. B. Contractor shall collect refuse at least once per week from each residential unit or commercial premises within City, unless the same is exempt from service by City permit. C. Contractor shall make refuse collections at least once per week at all areas designated by City at no cost to City. Contractor shall service and provide for rubbish disposal to City and all of its facilities for the area set forth in Exhibit "C," including, but not limited to, City offices and parks, without charge of any type to City. D. Contractor shall render services at all times in accordance with the Garbage and Refuse Collection ordinance and all ordinances of City as they now or may hereafter exist. E. Contractor shall not be required to collect refuse unless it has been placed in containers or otherwise bundled pursuant to the Garbage and Refuse Collection Ordinance. F. Contractor shall be required to, and have the exclusive duty and privilege to, collect, remove and retain all refuse originating from commercial premises and residential units within the City served by one or more water meters for the area specified as exclusive in Exhibit "C." EXHIBIT "All 1 G. Contractor shall collect and dispose of discarded automobile or truck bodies, or other bulky or heavy objects, dirt, sod, rock, manure or waste from any poultry yard or stable, and material resulting from building or construction operations, and may assess special collection charges for such service, subject to final approval by the City Manager. All such collections shall occur within seven (7) days after receipt of request for such collection. H. Should Contractor fail to collect and dispose of refuse set out or placed for collections, as herein provided, at times required, after notification by City and reasonable time, City may collect and dispose of same and Contractor shall be liable for the expense incurred, including City's reasonable overhead costs of 30%. II FREQUENCY OF RUBBISH COLLECTIONS Contractor shall collect all refuse from each residential unit once each week and shall collect all refuse from each commercial premises once each week unless the owner or manager thereof has arranged with Contractor for more frequent service. III MAINTENANCE OF SCHEDULES Presently existing routes, schedules and times for collec- tions of refuse shall be maintained but may be changed by authorization of City and after at least one (1) month's advance notice to occupants of buildings in areas where changes are to be made. Holidays and holiday schedules shall be subject to approval by City. IV STANDARDS FOR COLLECTIONS The standard service shall be at least equal in all respects to the service presently being provided. A. Contractor shall so conduct its operations so as to offer the least possible obstruction and inconvenience to public traffic or disruption to the peace or quiet of the area within which collections are effected. In accordance therewith, collections of refuse shall not be made between the hours of 7:00 p.m. and 7:00 a.m., except as otherwise provided. in City's Garbage and Refuse Collection Ordinance. K B. Contractor shall maintain all trucks and equipment used within City in good mechanical condition and the same shall be clean and uniformly painted and numbered. All trucks and equipment shall have painted thereon, or affixed thereto, in letters and numerals at least six (6) inches in height, the name and telephone number of Contractor, which name and telephone shall be clearly visible at all times. Each vehicle utilized by Contractor shall be identified by numerals at least six (6) inches in height in a location or locations on such vehicles to be specified by City. A list showing each vehicle so identified shall be supplied to City and maintained in a current posture. All trucks and equipment used in the performance of the Agreement shall be subject to inspection by City, and, upon notice given by City, Contractor shall make the equipment available for inspection. If City finds that any truck or equipment being used by Contractor is not in satisfactory condition then the truck or equipment requiring correction of defects shall not be used by Contractor in the performance of the Agreement until corrected to the reasonable satisfaction of City. All truck bodies used by contractor shall be constructed of metal and shall be reasonably watertight and leak -proof. Each piece of equipment used by Contractor shall carry at all times a broom and shovel to be used for the immediate removal of any spilled material. The body of each truck of Contractor shall have a metal cover covering at least fifty percent of the truck body at all times and the remaining fifty percent shall be covered by a tight fitting, waterproof tarpaulin, which shall be securely tied in order to cover refuse when the vehicle is being used to transport its contents to the place of disposal or otherwise of a design and construction approved by the City Manager. C. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and Contractor and any subcontractors under Contractor shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in the Labor Code of the State of California, as the same may be amended from time to time. D. Unless otherwise directed by City, Contractor shall make all collections of refuse from the curb along the 3 street in front of each dwelling, place of business, or human habitation, except where paved alleys exist in the rear of such properties, then from such properties, collections shall be made by Contractor from alleys provided, however, that this requirement shall not apply to a blind alley. In any event, Contractor shall not be under any obligation to enter private courts or places, or other private property, to make collections under this Agreement, except in commercial premises where refuse is kept in a paved service yard and where the same shall be picked up from such service yard when deposited there for collection. E. All containers shall be placed by Contractor, following collection therefrom, in an upright position where found; provided, however, if residential containers are found in a public street, the same shall be placed on the nearest curb, sidewalk, driveway, or parkway, and out of said street. No container shall be placed in a public street by Contractor, except as may be authorized by City. F. Contractor shall not throw refuse containers from a truck to the ground, or in any other way break, damage, or roughly handle said containers. Contractor shall replace any container damaged by Contractor's acts upon order of City where refuse containers are in conformance with City specifications. All spilled material shall be immediately removed by Contractor. G. When any refuse is not collected by Contractor, Contractor shall leave a heavy paper or card stock tag, provided at Contractor's cost, at least 2" x 6" in size, red in color, on which is specifically stated the reason for the refusal to collect and stating the City ordinance or provision of the Agreement which has been violated. Such tag shall contain thereon the name, address and telephone :number of Contractor and shall be securely fastened to the container or article. Contractor shall maintain a :record of the location where all and any such tags have been placed. In the event the reason for noncollection is not remedied or cured by the date of the next regular pickup for the location, Contractor shall provide City with written notice thereof, stating the :full particulars of the reason for no collection and location thereof. H. Contractor shall dispose of all refuse only at places or sites where such disposal is lawful and City shall not be liable for the disposal of the same or to 4 u provide sites or places for the disposal of the same. I. Contractor agrees to assist and cooperate, at least twice per year at no additional cost to City, in a clean up operation on dates to be designated by City. J. Contractor shall return all bins, roll -off boxes and the like utilized for commercial premises hereunder, to the enclosure(s) provided therefor on the property. In the event that a commercial premises fails to utilize such enclosures, or if said enclosures are rendered unusable due to the placement therein of items (such as storage of materials) not to be removed, Contractor shall request the owner or manager thereof to make the enclosure usable for bins, roll -off boxes and the like. If the commercial premises fails or refuses to correct the situation, Contractor shall notify City thereof. K. Contractor shall supply its employees with uniforms of a type approved by the City Manager. L. In the event of an epidemic„ war, riot, insurrection or other natural or man-made disaster, Contractor shall make available all of its employees, vehicles, equip- ment and facilities to City as required by the City Manager. COMPLAINT SERVICE A. Contractor shall maintain a telephone service with a local exchange area telephone number for the purpose of handling complaints or emergency service calls. The said telephone service shall be operated between the hours of 8:00 a.m. and 5:00 p.m. of each day during which collections are made hereunder. Contractor shall, during non -office hours, implement a message receiving system, of a type approved by the City Manager, to receive complaints at times other than during office hours hereunder. Complaints; shall be investigated and resolved within five (5) working days. B. Complaints received by Contractor shall be recorded in a log established for that purpose and shall specify the date and time of the complaint and the substance thereof. The disposition of the complaint and the date of disposition shall be recorded and a copy of said log shall be provided to City monthly. C. Contractor shall have available, during the hours while 5 Contractor's telephone service is in operation, an emergency service vehicle to attend to complaints or emergency calls. D. Contractor shall visit City offices at such times as City shall designate for the purpose of discussing any matters relating to, or any complaints which may be involved with, the performance of the Agreement. Contractor shall report back as directed on any action taken with reference to subject matter so discussed. Coordination of such check-in meetings to be arranged by City. E. Contractor shall own or lease and maintain at its expense all equipment necessary to perform its duties as provided for under the Agreement, including sufficient radio equipment for office to field equip- ment communication. F. Every effort will be made to provide a good quality of complaint service and follow up in the community. VI PERFORMANCE BOND Contractor shall, upon the execution of the Agreement, execute and file with City, a corporate surety bond in favor of City in the penal sum of One Hundred Thousand Dollars ($100,000.00), conditioned upon the faithful performance of said Agreement, which said bond shall be furnished and kept in full force and effect for the complete term of the Agreement. Said bond may be renewed on an annual basis. VII SUPERVISION Performance of each of the provisions of the Agreement shall be under the direction of City's City Manager or his designated representatives or his designee and the work hereunder shall be done in a thorough and workmanlike manner under the direction, and to the satisfaction, of the City Manager or his designee. VIII PAYMENT FOR WORK A. Contractor agrees to accept as full compensation for the complete collection and disposal of residential refuse from residential units and commercial premises the rates per unit or premises as specified in the Agreement. B. Commercial and residential accounts shall be directly 11 billed by Contractor on a monthly, bimonthly or quarterly basis as approved by City. A list of all current commercial and residential accounts shall be regularly provided to City. The records of Contractor in this regard shall be available at reasonable times for the inspection of City. During the term of the Agreement, Contractor shall pay to City an amount equal to percent ( %) of Contractor's gross billings for commercial acounts and an amount equal to percent ( %) of Contractor's gross billings for residential accounts. All such payments during the term hereof shall be made to City within thirty (30) days of Contractor's date of billing to such accounts. IX FEES AND GRATUITIES Except as provided by the Agreement, Contractor shall not, nor shall Contractor permit any agent, employee or sub- contractor employed by it to request, solicit, demand or accept, either directly or indirectly, any compensation or gratuity for the collection of refuse. X SUBCONTRACTORS Contractor shall not assign, transfer, or subcontract this Agreement, or any part thereof, without first obtaining the written consent of City, except that Contractor may sell or otherwise dispose of salvaged refuse after the same has been collected. XI WAIVERS No acquiescence, failure or neglect of either City or Contractor to insist on strict performance of any or all of the terms of the Agreement or of these specifications shall be considered as or constitute a waiver of any term or condition of the Agreement or any performance required thereunder, or any remedy, damage: or other liability arising out of such refusal, neglect or liability or inability to perform at any time. XII LAWS AND REGULATIONS A. Contractor shall comply with all laws, ordinances rules and regulations of the State, County, City and all governing bodies having jurisdiction applying to work done or to be done under the Agreement. Contractor shall conform to and abide by all Ordinances of City and of the County of Los Angeles and of the cities 7 through which refuse collected may be hauled or wherein refuse may be deposited. B. Contractor shall exonerate, indemnify and hold harmless City and its elected officials, officers, agents and employees from and against,and shall assume full responsibility for payment of,all wages or salary and all Federal, State and local taxes or contributions imposed or required under Unemployment Insurance, social security, income tax laws and worker's compensation laws with respect to Contractor's employees engaged in the performance of the Agreement. XIII CHANGES F # XV XVI City may at any time, by a written order, direct that changes or extras be made in the work, specifications, and schedules relating to the Agreement. If any such changes cause an increase or decrease in the cost of, or the time required for performance of the Agreement, an equitable adjustment shall be made in the Agreement price or schedule, or both, and the Agreement shall be modified in writing accordingly. Any claim by Contractor must be asserted within receipt by Contractor of However, nothing in this from proceeding with the UNINTERRUPTED SERVICE for adjustment under this clause thirty (30) days from the date of the notification of changes. paragraph shall excuse Contractor Agreement as changed. Contractor shall make all necessary arrangements to provide uninterrupted service to residential, commercial and industrial customers throughout the period of the .Agreement. INTERPRETATION OF DOCUMENTS In the event of any uncertainty, conflict or ambiguity in the terms of the Agreement, these Specifications or of any ordinance of the City regarding performance under the Agreement, the City Manager shall. have the right to make an interpretation and such interpretation shall be final. Contractor agrees to adhere to and comply with any such interpretation of the City Manager. RECYCLING AND OR COMPOSTING [INSERT Recycling/Composting Program and standards as approved by CITY.] N\1012\REFUSXW DB 5.5 (DISC) 8 ***** N O T I C E***** UPON RECEIPT OF THIS REQUEST FOR PROPOSAL, CONTACT JOANN SAUL, FINANCIAL MANAGEMENT ASSISTANT AT THE CITY OF DIAMOND BAR, WITH THE NAME OF YOUR COMPANY AND THE NAME OF A CONTACT PERSON WITHIN YOUR COMPANY. FAILURE TO PROVIDE THE CITY WITH THIS INFORMATION MAY RESULT IN IMPROPER DISTRIBUTION OF UPDATED MATERIALS REGARDING THE REQUEST FOR PROPOSAL. THE CITY WILL NOT BE RESPONSIBLE FOR INFORMATION NOT BEING DISTRIBUTED TO THE PROPER PERSON. T A B L E O F C O N T E N T S PAGE NO. I. PROPOSAL REOUIREMENTS A. General Invitation of Proposals 1 B. Proposal Forms 1 C. Definitions 2 D. Examination of Work Area 2 E. Proposer's Bond 2 F. Affidavit of Non -Collusion by Contractor 2 G. Basis of Award 2 H. Execution of Agreement 3 I. Return of Proposer's Bond 3 J. Qualifications of Proposers 3 K. Performance Bond 5 II. GENERAL CONTRACT ITEMS A. Governing Legislation 5 B. Term of Agreement 6 C. Termination of Contract 6 D. Contractor to Indemnify and Hold 6 10 Harmless City E. Public Liability and Property 6 E. Damage Insurance F. Worker's Compensation Insurance 7 G. Permits and Licenses 7 H. Exclusiveness of Contract 7 I. Collection of Service Fees 7 J. Franchise Fee g III. SCOPE OF WORK A. Work to be Performed g B. Recycling Program g C. Special Events g D. Refuse to be Removed g IV. SPECIAL PROVISIONS A. Collection Hours and Days 10 B. Non -Collection 10 C. Uniforms 10 D. Equipment 10 E. Receptacles and Containers 12 F. Supervision 12 G. Environmental Standards 13 H. Special Collections 13 I. Commercial and Industrial Provisions 14 J. office for Inquiries and Complaints 14 T A B L E OF C O N T E N T S (Continued) PAGE NO. V. FINANCIAL PROVISIONS A. Financial and Accounting :Records 15 B. Late Fees 16 C. Fees and Gratuities 16 D. Bankruptcy 16 E. Heirs, Successors, etc. 16 18 DRAFT REQUEST FOR PROPOSALS COLLECTION AND DISPOSAL OF RESIDENTIAL, COMMERCIAL & INDUSTRIAL GARBAGE AND RUBBISH FOR THE CITY OF DIAMOND BAR I. PROPOSAL REQUIREMENTS A. General Invitation of Proposals The City of Diamond Bar seeks proposals from qualified, solid waste handling contractors for the collection and disposal of residentially, commercially and industrially generated solid waste for a period of five (5) years commencing on July 1, 1990 and ending on June 30, 1995. A proposer's conference of prospective franchisees will be held at the following time and place for the purpose of addressing questions related to this RFP. Walnut Valley School District Board Room 880 South Lemon, Diamond Bar, CA 91789 Date: March 13, 1990 Time: 9:00 a.m. Only those questions concerning the proposal, the proposal process, and specifications related to existing operations will be considered at the Conference. No private consultations between any proposer and the City will be held. Sealed proposals for the provision of solid refuse collection and disposal service under agreement with the City of Diamond Bar will be received at the Office of the City Clerk, 21660 E. Copley Drive, Suite 100, Diamond Bar, CA 91765. Proposals must be received by April 13, 1990 no later than 3:00 p.m. B. Proposal Forms To preserve uniformity and to facilitate the award of a contract, all proposals must be summarized on the City forms provided. Supplementary sheets may be added if necessary to supplement and clarify responses to this Request for Proposal. Failure to use City forms may be ground for non -consideration of the proposal. In addition, all bids must comply with the following: -All submittals must meet the requirements set forth in the Request for Proposal. -All figures and notations must be typed or written in ink. Penciled proposals are not acceptable. -All proposals must be identified on mail envelopes as "Proposal for the Collection and Disposal of Residential, Commercial and Industrial Garbage and Rubbish in the City of Diamond Bar." C. Definitions Terms used in this proposal are used as defined in Ordinance 2 (1990). D. Examination of Work Area Prior to submitting a proposal, proposers must tour the City, familiarize themselves with the work contemplated in the contract, and be responsible for any condition which adequate field inspection would have revealed. Submission of a proposal shall be deemed conclusive evidence that such a tour has been made by each proposer and shall constitute a waiver by each of all claims of error in proposal, withdrawal of proposal, or combination thereof, under the executed agreement, or any revision thereof. As a part of its specifications, the City will provide upon request all available information which it deems may be of assistance to prospective proposers. E. Proposer's Bond All proposers shall furnish a proposal bond executed by a surety company licensed to do business in the State of California. The bond shall bind the proposer to indemnify the City against all losses, not to exceed the sum of the bond, which may be occasioned by failure to consummate the contract for services. Said proposal bond shall be in the sum of Ten Thousand Dollars ($10,000.00). A certified check or cashier's check, payable to the City of Diamond Bar, or cash may be deposited in lieu of a proposal bond. F. Affidavit of Non Collusion by Contractor All proposers shall be required to submit an executed copy of the City's "affidavit of non collusion by Contractor" form. G. Basis of Award City Council is not obligated to award a contract and reserves the right to reject all proposals. If City 2 Council determines to award a contract, it is not obligated to make the award to the low proposer. Other factors will be considered by the City Council, such as evidence of satisfactory performance under other contracts, financial condition, and such other evidence as might convince City Council that any one proposal would provide the most effective, economic and reliable service to the City. The award, if given, will be given within 90 days after opening proposals. H. Execution of Agreement The agreement shall be signed by the successful bidder and returned with the required bonds within ten (10) days, not including Sundays and legal holidays, after the City has provided written notice that the proposal has been awarded. Failure to execute an agreement and file acceptable bonds and insurance documents as provided herein shall be just cause, at City option, for annulment of the contract award and forfeiture of the proposal bond. Should the successful proposer decline to execute a contract, City Council has the option to either reject all proposals and call for new proposals or accept one of the other proposals. In case of proposal rejection, the proposer's security of the successful bidder who declined to execute a contract, shall be forfeited to the City. I. Return of Proposer's Bonds Within thirty (30) calendar days after award of proposal, the City will return proposal bonds or all other security deposits accompanying each bond, except that of the successful proposer. J. Oualifications of Proposers All proposers hereunder shall furnish satisfactory evidence to the City that they have operated or are presently operating a solid waste collection and disposal service of the type similar to the operation described herein, and that they have successfully done so long enough that their experience will enable them to maintain operations under all conditions prevailing in this area. If they have not operated such a system, they must show that they have :had sufficient experience in comparable fields or employ qualified personnel to comply with the requirements of this agreement. 1. Work History In order to determine the eligibility of the The ability to post bond shall not be the sole determinate of financial responsibility. The proposer shall submit with his proposal. a. A current financial statement of the corporation, partnership, or individual submitting the proposal less than ninety (90) days old which has been prepared by an independent public accountant, and a financial statement :not more than twelve (12) months old, in which the accountant has expressed an unqualified opinion thereon; and b. If a partnership, a financial statement of the partnership and of each general or limited partner. C. A statement of proposed methods for handling the specified refuse collection, disposal and recycling, including a proposed organizational diagram, where trucks and other equipment are -to be based, how the trucks and equipment are to be maintained, the location of the refuse disposal site or sites to be used, and contingency plan for dealing with temporary or permanent closures of such facilities. 5. Ownership Proposers shall submit a list of all officers, partners, and/or stockholders who own ten percent (10%) or more of the respective companies and list any company of which they are a subsidiary. K. Performance Bond The successful Contractor shall furnish a performance bond on an annual basis. The performance bond will be executed by a surety company licensed to do business in the State of California and in the sum of the value of One Hundred Thousand (100,000) Dollars. Said bond shall be obtained by the successful proposer within ten (10) days following notification of the proposal award. Contractor shall renew the bond and file it with the City at least thirty (30) days prior to anniversary date of each fiscal year of the agreement. II. GENERAL CONTRACT ITEMS A. Governing Legislation Contractor shall in all aspects of his work comply with all applicable statutes including the applicable solid waste legislation of the State of California and the County of Los Angeles, as well as Diamond Bar's rules 5 and regulations, and all other provisions of law. Contractor shall meet all the requirements of the aforementioned legislation and regulations, including AB 939 (Sections 40000, et seq., California Public Resources Code) and any subsequent changes. B. Term of Agreement The agreement term shall be not less than five (5) years, subject to termination and option provisions contained herein. C. Termination of Franchise Termination of Franchise shall be governed by the provisions of the proposed Franchise Agreement D. Contractor to Indemnify and Hold Harmless City Contractor shall indemnify and hold harmless City, its officers, agents and employees, for and from any and all loss, liability, claim, demand, action or suit, of any and every kind and description, arising or resulting from or in any way connected with any operation of Contractor in exercising any license or privilege granted to it by the contract or by any ordinance of City, or arising or resulting from the failure of Contractor to comply in all respects with contract provisions and requirements and of all applicable laws. Contractor shall, upon City's demand and a its sole cost and expense, defend and provide attorneys to defend City, its officers, agents and employees against any and all claims, actions or suits brought against City, its officers, agents and employees, arising or resulting from or in any way connected with the above mentioned operations of Contractor or Contractor's failure to comply with the contract and with the ordinances and laws hereinabove mentioned. If City provides its own defense against any such action or suit, Contractor will reimburse City for all attorney's fees and other costs incurred by City. E. Public Liabilitv and Proberty ]Damage Insurance Neither the City Manager nor any officer, employee, agent or appointee of the City of Diamond Bar, shall be personally responsible for any liability arising under the agreement. Contractor, at his own expense, shall carry liability insurance during the full term of this agreement with a company to be approved by the City Manager or representative and with City also named as an additional insured thereunder, covering liability for N. injuries or deaths and property damage, arising out of or in connection with the operations of the Contractor under for injuries, including accidental death to any one person, and subject to the same limit for each person, in an amount of not less than Five Million Dollars ($5,000,000.00) on account of one accident, and property damage in an amount of not less than Ten Million Dollars ($10,000,000.00). Policies or certificates of said insurance, approved as above mentioned, shall be filed with the City Clerk within ten (10) days after date of contract. The policy of insurance shall contain a provision stating that said insurance is primary coverage and will not be cancelable by the insurer except after filing with the City Clerk, thirty (30) days written notice of any cancellation so proposed. Copies of such policy or policies or certificates evidencing the same shall be on file at all times in the office of the City Clerk. F. Worker's Compensation Insurance Contractor shall obtain and maintain in full force and effect throughout the entire term of the contract, full worker's compensation insurance in accordance with provisions and requirements of Division IV, Worker's Compensation and Insurance of 'the Labor Code of the State of California and other applicable laws. Certificates of such insurance, approved by the City Manager and City Attorney, shall be filed with the City Clerk within ten (10) days after the execution of the contract. Contractor shall immediately inform City of any cancellation, withdrawal and/or change of any such insurance. G. Permits and licenses Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices required under the provisions of the agreement. H. Exclusiveness of Contract Contractor shall have the exclusive right and duty to collect and remove all residential, commercial and industrial solid waste refuse within the City's corporate limits during the team of the contract, subject to such exceptions as are set forth in the contract documents. I. Collection of Service Fees Contractor shall bill and collect the charges for residential solid waste collection services. City states its willingness to consider arranging for or permitting Contractor to arrange for alternative 7 billing procedures such as through the Los Angeles County tax rolls as prescribed by the procedures established and authorized by the Los'Angeles County Tax Collector at such time as is practicable. Contractor shall bill and collect the charge for all commercial, industrial and residential bin service through a monthly billing arrangement. Accounts shall be charged according to number of bins and pick-up days per week. J. Franchise Fee In consideration for the exclusive right, duty and privilege to collect, remove and retain all refuse generated within the city as herein defined, the Contractor shall pay to City no later than the 21st day of each calendar month, a Franchise Fee. The Contractor shall specify a proposed amount of Franchise Fee in their proposal. The franchise fee received by the City shall be dedicated to the Solid Waste Policy to achieve the requirements of AB 939 (Sections 40000, et seq., California Public Resources Code) and its amendments. Additionally, the Council may consider credit on the franchise fee, based on a formula to be determined, to be shared by the Franchisee and Community for exceeding the requirements of AB 939 (Sections 40000, et seq., California Public Resources Code). III. SCOPE OF THE WORK A. Work To Be Performed Minimum requirements for collection and disposal shall be as set forth in the specifications and as required in the mandates of AB 939 (Sections 40000, et seq., California Public Resources Code). B. Recycling Program The Contractor shall specify in DETAIL a proposed program for the recycling of recyclable materials, green waste, etc. including the method of reporting to ensure compliance with AB 939 (Section 40000, et seq., California Public Resources Code). C. Special Events During two particular one month periods in each calendar year of the term of the agreement when such periods are declared by the City Council to be part of an annual clean-up campaign, Contractor on the days specified by City, not to exceed seven (7) days for each campaign, shall pick up and remove the following 8 and similar types of items at no cost to the customer - chairs, couches, stuffed chairs, sectionals, water tanks of up to fifty gallon capacity, refrigerators, stoves, mattress and box springs up to king size, washers, dryers, freezers, television sets, tables and all other normal household goods. Contractor agrees that all disposal costs during each clean-up campaign shall be borne by Contractor. Contractor further stipulates that he will provide a minimum of two (2) trash trucks and two (2) workers during the hours of 7 a.m. to 3:30 p.m. on each of the days of said clean-up campaign to perform such work. This service shall be provided by Contractor at no additional cost to City or users. D. Refuse to Be Removed 1. Amount of Refuse Contractor shall remove all refuse generated on each user's property and presented for collection by each user, at locations as hereafter set forth, without limit as to the amount or nature thereof, except as herein provided. 2. Possession of Refuse All refuse collected by Contractor under the terms of this contract shall become the property of Contractor immediately upon the collection thereof. 3. Location of Refuse Receptacles The location of receptacles for collection of refuse shall, at the user's option, be as follows: a. Curbside Collection - Receptacles for curbside collection of refuse shall be placed within the parkways, or within five (5) feet of the curb along the street front of the lot upon which the dwelling is located; or b. Alley Collection - All residential units serviced by an alley shall utilize the same for refuse collection purposes. In such cases, receptacles shall be placed as close to the lot line separating the premises from the alley as is possible, so as not to interfere with the usage of said alley; or C. Bin Service - The location of bulk containers shall be not more than 100 feet from a street unless extraordinary circumstances exist, in which case, the location thereof shall be 9 subject to City's approval. Placement of such containers shall comply with all applicable provisions of the Code. IV. SPECIAL PROVISIONS A. Collection Hours and Days 1. The days for regular collection of commercial and industrial refuse shall be Monday through Saturday. Hours of collection shall not be prior to 6 am nor after 5 pm. B. Non -Collection When any waste material or container is not collected by Contractor, he shall leave a red tag (at least 2 7/8" x 5 3/4" in size) on which he has indicated the reason for his refusal to collect, giving reference to the City Ordinance, or the section of rules and regulations, or agreement, which has been violated and which gives grounds for his refusal. The tag shall be securely fastened to the container or the article refused. A record, listing the address of the tagged refuse together with the reason for non -collection, shall each day be presented to City. Where Contractor has refused to make a collection, City reserves the right to inspect same to ascertain whether it conforms to the requirements hereof as to type containers, weight of containers, etc. and City's determination relating thereto shall be final and conclusive and enforceable as to the violator. Should Contractor fail to collect and dispose of refuse placed for collection at the time and in the manner required, City may cause the same to be collected or disposed of and Contractor shall be liable for the expenses incurred. C. Uniforms All Contractor's employees shall at all times of employment be dressed in clean uniforms with suitable identification. Employees shall not remove any portion of this uniform while working. Uniforms shall be subject to the City Manager or his representative's approval. D. Eauipment 1. Proposal Standards The standard, against which all equipment proposed by proposer for regular collection service shall be judged, shall be hydraulically controlled, compaction type equipment. The bodies of collection equipment shall be watertight and 10 equipped with close -fitting covers. 2. General At all times, Contractor shall have vehicles available and in use that will comply with the requirements hereof for the collection and transportation of refuse, without leakage or spillage. 3. Maintenance Contractor shall institute a complete and comprehensive system of preventative maintenance on all vehicles and shall keep them lubricated and in good repair. Al vehicles and equipment shall be kept clean, in good order and free of odor at all times. Contractor shall, on a monthly basis, provide City with information on all maintenance and repairs to all vehicles. Contractor shall at all times comply with all state, county and local safety, noise and smog control regulations and ordinances. Contractor agrees that all equipment shall be subject to inspection by County Health Officials and the City Manager and upon notice, given by either the County Health Officials or the City Manager, Contractor shall make the equipment available for inspection. Should the City Manager or County Health Officials at any time give notification in writing to Contractor that any designated truck or equipment does not comply with the standards of the agreement, such truck or other equipment shall forthwith be removed from service by Contractor and not again so used until inspected and approved in writing by the City Manager or County Health Officials. 4. Refuse Vehicles All refuse shall be transported by means of vehicles equipped with watertight bodies filled with close fitting covers. Should any refuse be dropped or spilled in collecting, transferring or transporting, it shall immediately be cleaned by Contractor. A broom and shovel shall be carried on each truck at all times for this purpose. 5. Alternate Fuels Contractor shall be required to participate in an alternate fuels program to be developed by the City. 6. Service and Sanitation Requirements Contractor shall not litter any premises or public property in making collections of refuse, nor 11 shall any refuse be allowed to leak, blow or fall from collection vehicles. However, if in spite of normal precautions against spillage, litter is made on any premises or public property, Contractor shall immediately remove the same and clean the area of spillage. All receptacles, after emptying, shall be set down, not thrown, adjacent to the premises from which removed within five feet of the place where the receptacle was placed, but not in any driveway, street or alley, and the lid or cover thereto shall be placed immediately adjacent to said receptacle. E. Receptacles and Containers All receptacles shall conform •to the provisions of the City Code and these specifications. All such recep- tacles shall be replaced upright where found, with lids adjacent to them. Containers and lids shall not be placed or thrown on the streets, alleys, highways or on adjoining property. Contractor shall not permit receptacles to be thrown from the truck to the pavement or parkway, nor permit receptacles to be struck against the truck to dislodge contents, nor in any other way permit damage to occur by rough or improper handling 'thereof. In the event of damage or carelessness on the Contractor's part, Contractor, upon demand by City, shall repair or replace the container or containers so damaged or will compensate said owner or owners for such damage and/or destruction of any such container or containers. Maximize size of receptacles shall be 40 gallons or equivalent and maximum weight of fully loaded receptacles shall be 75 pounds. Trees, shrubs and other trimmings shall be cut into lengths not to exceed four (4) feet and shall be tied securely in bundles not exceeding twelve (12) inches in diameter. Cardboard containers and paper to be disposed of shall either be placed in a receptacle or flattened and securely tied in bundles, not exceeding 50 pounds in weight. F. Supervision Contractor shall provide a competent full-time supervisor. The supervisor shall be an agent of Contractor to direct the work, and shall be assigned and available full time to supervise the employees in their work. Notices, orders and instructions given to 12 such supervisor shall be deemed, for all purposes, notice thereof to the Contractor. G. Environmental Standards 1. Noise No noise shall be generated which causes excessive irritation to residents. Noise levels shall not exceed those established by Diamond Bar. 2. Air ouality and odors Any operation or other device which causes or tend to cause the release of air contaminants or foul odors exceeding reasonable standards associated with refuse and trash collection shall be abated. H. Special Collections 1. Contractor will not be required to remove waste building material and other refuse resulting from the construction, alteration or repair of buildings, housemoving or demolition, except when such materials or refuse are presented for collection in approved debris boxes. Fees for debris boxes shall be approved by City and shall be set forth in the rate schedule for special collection services. Contractor shall not be required to remove dead animals or other refuse from any place where highly infectious or contagious disease has been present, nor explosive substances, radioactive materials, drugs or poisons. 2. City reserves the right to issue permits through the City Manager or his representative to landscape and building contractors, gardeners and hauling businesses for limited special purpose rubbish removal, including supplying and services of debris boxes. City also reserves the right to issue a permit and/or license to a private refuse collection and disposal company for providing special collection and disposal service to a commercial or industrial user if, upon request of 'the user, City determines that the said waste refuse generated by said user is of such a special nature that it cannot reasonably be collected under terms of the contract. 3. Contractor shall provide collection service to City at no charge to pickup refuse from all City buildings, parks and other City facilities. Contractor will furnish bins for this purpose if 13 determined to be necessary by the City Manager. I. - Commercial & Industrial Provisions 1. Commercial or industrial users who, at the time proposed contract based on these specifications becomes operative, are being provided solid waste refuse collection and disposal service by a private company with a valid business permit issued by City for the collection and disposal of solid waste refuse, or may elect to continue to receive from City's Contractor, or may elect to continue to receive said refuse service specifically from said private company. 2. Subsequent to the operative date of the contract based on these specifications, all new users of commercial or industrial solid waste collection service in the City shall receive said service exclusively from City's Contractor. A new use shall be considered to mean a changed user in an existing building or property, a user being established in new buildings or properties, or a user who for any reason terminates a refuse collection contract, or arrangement which existed prior to the effective date of this contract. 3. Upon said proposed Diamond Bar solid waste contract becoming operative, all residential users, whether in single dwellings or multiple dwellings, shall receive said solid waste collection and disposal services exclusively from City's Contractor. J. Office for Inquiries and Complaints 1. Contractor shall maintain an office for collection within the City or at such location in close proximity of the City as shall be approved by the City Manager. Contractor shall at all times during the hours between 8 a.m. and 5 p.m. of each working day have a full time employee at said office for an answering of inquiries and for receiving complaints from property owners and tenants within the City or from the City Manager or his designated representatives. Contractor shall also maintain an operable answering machine for non -business hours and weekends. The telephone number of a designated employee available between 5 p.m. and 8 a.m. for emergency calls and complaints, shall be furnished to the City Manager. Contractor shall maintain a written log of all complaints, the date thereof, and the action taken pursuant thereto or the reason for 14 non -action. Such log of complaints shall be open to inspection by City. 2. Contractor shall be responsive to inquiries and/or complaints regarding performance of services brought by interested/aggrieved residents. Said inquiries and/or grievances shall be brought to the attention of the City Manager or his designated representative once a week, including action taken on grievances. 3. Contractor shall file with City a written report by the fifth day of each month regarding the total number of complaints received by his office for the previous month. This statement shall include a designation of the type of complaint, total number of justified complaints, and total number of abated complaints. Contractor shall sign and date this statement. V. FINANCIAL PROVISIONS A. Financial & Accounting Records Contractor shall be required to submit annually and prior to any requested rate adjustment, financial statements covering the services and operations provided under the agreement. Such financial statements shall be prepared by an independent certified public accounting firm who shall have no financial interest in the business of Contractor. The financial statements provided by the independent certified public accounting firm shall include, but not be limited to: balance sheet; statement of income and retained earnings; statement of changes in financial position; statement of sources and use of funds; and a statement of changes in owners' equity in which shall be set forth the names of principal officers and stockholders of the corporation, if any, and salaries if any, paid to such individuals. The opinion expressed by the independent certified public account shall be an unqualified opinion. In addition to the above requirements, the City Manager of the City of Diamond Bar, or his designated representatives, may inspect financial and accounting records of the Contractor an any reasonable time for any purpose relevant to the performance of the provisions of the agreement. Contractor's failure to provide the financial statements required under the terms of the agreement, or any other financial and accounting information required by City, will allow City to employ an independent certified public 15 Y accounting firm to prepare such statements, and Contractor, in such case shall. be liable for and pay the costs and expense of such financial statements. Nothing herein shall be deemed to require any rate adjustment. B. Late Fees Contractor may assess users a late fee of $5 for each residential, commercial or industrial account from which the monthly charge is not received by Contractor within 15 days of the billing date. Contractor may remove the supplied rubbish containers and may assess users a restart fee of $5 for each commercial or industrial account (including each residential bin service account) from which the monthly charge has not been received by Contractor within 30 days of the billing date. C. Fees and Gratuities Neither Contractor nor any of his agents or employees shall request, demand or accept, either directly or indirectly, any compensation or gratuity from any person, firm or corporation for the collection of refuse as herein defined, except such compensation as may herein be provided for and permitted. D. Bankruptcy Any of the following shall constitute a breach of contract by Contractor and shall, at City's option, terminate the contract and the licenses and privileges granted therein: 1. The appointment of a receiver to take possession of all or substantially all of the assets of Contractor; or 2. A general assignment by Contractor for the benefit of creditors; and 3. Any action taken by or suffered by Contractor under any insolvency or bankruptcy act. E. Heirs, Successors, Etc. The terms, covenants and conditions of the contract shall apply to and shall bind the heirs, successor, executors, administrators and assigns of the Contractor. 16 PROPOSAL FORM COLLECTION AND DISPOSAL OF RESIDENTIAL, COMMERCIAL, INDUSTRIAL GARBAGE AND RUBBISH FOR THE CITY OF DIAMOND BAR The undersigned as proposer declares that he has carefully examined the location of the proposed work, that he has examined the Specifications and read the accompanying instructions to proposers, and hereby proposes and agrees, if the proposal is accepted, to furnish all materials and do all work required by Specifications and Agreement. Name of Company: Address: Phone: contact Person: Years in Business: Number of Accounts In Diamond Bar: Residential Commercial Industrial Average Monthly Tonnage: Residential Commercial Industrial Present Billing System: Proposed Monthly Rates: Residential Commercial Industrial Proposed Franchise Fee: Other Monies Payable to the City (Please Describe): Length of Proposed Franchise: Recycling Program Included: Yes No The undersigned proposer further understands that the City of Diamond Bar, California reserves the right to award all or any part of this bid without any obligation to the City. The City also reserves the right to waive any informality in proposals. PROPER NAME OF BIDDER BY: (Signature of Bidder) Dated: , 1990 11 . DRAfT AFFIDAVIT FOR CO-PARTNERISHIP FIRM STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is a member of the co -partnership firm designated as which is the party making the foregoing proposal or bid; that such proposal is genuine and not collusive or :sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. That he has been and is duly vested with the authority to make and sign instruments for the co -partnership by who constitute the other members of the co -partnership. Subscribed and sworn to before me this day of Signature 1990 Signature of Officer Administering Oath (NOTARY PUBLIC) AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) , being first y sworn, deposes and says: That he is of, a corporation which is the party making the foregoing proposal or bid; that such proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other badder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Signature Subscribed and sworn to before me this day of , 1990 Signature of Officer Administering Oath (NOTARY PUBLIC) AFFIDAVIT FOR INDIVIDUAL BIDDER STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is the party making the foregoing proposal or bid; that such proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this day of Signature 1994 Signature of Officer Administering Oath (NOTARY PUBLIC) AFFIDAVIT FOR JOINT VENTURE STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) duly sworn, deposes and says: That he is being first of, one of the parties submitting the foregoing proposal or bid as a joint venture and that he has ben and is duly vested with the authority to make and sign instruments for an on behalf of the parties making said proposal who are: that such proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this day of Signature . 1990 Signature of Officer Administering Oath (NOTARY PUBLIC) FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about -to enter into the annexed contract with said City for consideration of the work under the specification entitled and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect.; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the contract is hereby waived by such Surety'. IN WITNESS WHEREOF, we have hereunto set: our hands and seals this day of , 1990. PRINCIPAL SURETY BY: BY: (SEAL) (SEAL) D' " R NIP PROPOSER'S BOND KNOW BY ALL MEN BY THESE PRESENTS, THAT WE, as principal, and as surety, are held and firmly bound unto the City of Diamond Bar in the sum of Ten Thousand Dollars ($10,000.00), to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. NOW THEREFORE, if the aforesaid principal. is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the required bonds with the City of Diamond Bar, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A.D., 1990 (seal) (seal) (seal) (seal) PRINCIPAL (seal) (seal) SURETY (seal) ADDRESS NOTE: Signature of those executing for the surety must be property acknowledged. of AGREEMENT FOR THE COLLECTION AND DISPOSAL OF REFUSE, RUBBISH, GARBAGE AND WASTE MATERIALS. THIS AGREEMENT is made and entered into this day , 19 , by and between the City of Diamond Bar, a municipal corporation (hereinafter referred to as "City"), and a. California corporation, (hereinafter referred to as "Contractor"). W I T N E S S E' T H In consideration of their covenants, and the terms and conditions hereof, the parties hereto agree as follows: 1. Contractor, in consideration of the payment hereinafter agreed to be made to Contractor by City, and under penalty of the bonds conditioned as set forth in the Specifications, Exhibit "A" attached hereto and by this reference made a part hereof, hereby agrees to perform all the work set forth and described, and in the manner prescribed, in the Specifications. 2. The parties hereto understand and agree that this written Agreement, the aforesaid Specifications, City's Garbage and Refuse Collection Ordinance, all City ordinances and resolutions as the same now exist or may hereafter be amended from time to time, and the Contractor's performance bond shall constitute the contract between the parties. Should it be ascertained that any inconsistency exists between the aforesaid 1 documents and this written Agreement, the provisions of this written Agreement shall control. 3. Neither the acceptance by City or its representa- tives, nor any order by City for payment of money, nor any payment for, or acceptance of, the whole or any part of the work by City or its representatives, shall operate as a waiver of any portion of this Agreement or of any power herein reserved to City or any damages herein provided; nor shall any waiver of any breach of this Agreement be held to bea waiver of any other or subsequent breach. 4. Contractor shall keep itself fully informed of existing and future state and federal laws, rules and regulations and City ordinances, regulations, rules and orders in any manner affecting those engaged and employed in or on the work, or in any way affecting the conduct of the work, and of all orders or decrees of bodies of officials having jurisdiction or authority over the same, and shall, at all times, observe and comply with and cause any and all persons employed by Contractor or under Contractor to observe and comply with, all such laws, ordinances, rules, regulations, orders and decrees. 5. The term of this Agreement shall commence on , 19 and continue to , 19 Upon commencement of the term hereof, any previously existing agreements between the parties shall have no further force and effect, except as to any rights or obligations which 2 may have accrued to either party under the terms of said previous agreements. 6. Contractor shall receive. from City, as full compensation for the performance of this Agreement, the rates specified in Exhibit "B", attached hereto and incorporated herein by this reference, for each residential unit from which collection is made. Moreover, Contractor shall be entitled to charge the commercial premises rates specified in Exhibit "B". 7. In the event that circumstances beyond the control of Contractor impose or generate excessive costs in the performance of this Agreement, Contractor may petition City to determine if an adjustment in compensation is warranted to avoid undue financial hardship on Contractor, and material impairment of contractor's ability to provide the level and quality of service herein specified. Contractor agrees to furnish all such accounts and records as are needed in the judgment of City's City Council to substantiate any requests for increased payments from City or increased rates to customers. The decision of City's City Council shall be final. 8. Contractor understands and agrees that it shall keep full and complete books, records and accounts of all financial transactions with respect to this Agreement. Such books, records and accounts shall be maintained in accordance with accepted accounting principles and shall be maintained in such fashion so as to provide a detailed financial analysis with C respect to Contractor's operations hereunder. All such books, records and accounts shall be maintained for a minimum of 5 years from and after the end of the fiscal year in which any such books, records and accounts are created. Contractor understands and agrees that City, by and through its designated representatives, may inspect any such books, records and accounts during contractor's normal business hours at contractor's office and, further, that City, at its cost, and in its sole discretion, may cause an audit of any books, records and/or accounts maintained or prepared by Contractor under and pursuant to this Agreement. Contractor further agrees to provide City copies of any such books, records and/or accounts or permit the copying thereof by City. The parties agree that Contractor is not required to maintain an accounting system or books, records or accounts for its operations hereunder separate and apart from its other operations. 9. All complaints regarding service by Contractor, whether received by Contractor or City, shall be resolved in accordance with the Specifications. 10. In the event that any provision of this Agreement is violated by contractor, City may, at its election, terminate the Agreement or take over and complete the Agreement for Contractor by serving written notice upon contractor of its intention to terminate or complete such Agreement, and unless, within thirty (30) days after the serving of such notice, such 4 violation shall cease, the Agreement, upon the expiration of said thirty (30) days, shall cease and terminate.or City shall take over its completion, as stated in said notice. As to violations of the provisions of this Agreement which cannot be remedied or corrected within thirty (30) days, said Agreement, at election of City, shall cease and terminate or City shall take over its completion upon the giving of written notice. If contractor should be adjudged bankrupt or should make a general assignment for the benefit of creditors or a receiver should be appointed on the account of insolvency of Contractor, or if Contractor should persistently and repeatedly refuse or should fail to supply enough properly skilled workers or proper materials or equipment for the collection and disposal of refuse from City, as herein provided, in a good and workmanlike manner, or fail to make prompt payment for materials, equipment or labor or persistently disregard laws, ordinances, or the instructions of City or its duly authorized representatives, or otherwise be in substantial violation of any provision of the Agreement documents, then City may, without prejudice to any other right or remedy, and after giving Contractor written notice, terminate or take over completion of said Agreement. It is understood and agreed that, should Contractor fail to furnish labor, materials and equipment to do and perform all the work and labor provided for herein, in the manner set forth, and in a good and workmanlike manner, Contractor shall, in 5 addition to any other provisions presented in the Agreement documents, be liable to City for all losses or damages that the latter may suffer on account thereof, including, but not limited to, reasonable attorney's fees and court costs. 11. The standard of performance that Contractor is required to maintain to fulfill the conditions of the Agreement or such ordinance as City's City Council may from time to time adopt, shall be the standards established by City's City Manager or City Council. 12. Any notice required or permitted hereunder shall be made by dispositing the same in the United States Mail, postage prepaid, as follows: Contractor: City: City Manager City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California 91765 13. Wherever in the Specifications the term "City Manager" appears, the same shall be deemed to refer to the City's City Manager or his duly authorized representative. 14. Wherever in this contract, including the Specifications, or any other document constituting a part hereof or furnished pursuant hereto, Contractor indemnifies City, such indemnification shall in all instances apply in favor of City's R elected officials, officers, agents and employees of City and shall apply to all indemnitees. 15. The parties hereto agree that, insofar as it can legally be done, the provisions of this contract shall constitute an exclusive franchise under which Contractor shall have the exclusive right and obligation of picking up all trash and garbage in City for the area or areas specified in Exhibit "C". The above shall include the exclusion of all other contractors, persons, corporations or entities from picking up such trash and garbage from such commercial, industrial, residences and apartment houses to the extent permitted by law. 16. It is understood and agreed that Contractor shall make all of the pick ups and perform all of the services required of it under the provisions of this contract and franchise. It is further agreed that in return for such franchise, Contractor shall remit to City a percentage of its gross monthly billings in accordance with the specifications. 17. This Agreement and the rights hereunder may not be assigned by the Contractor except with the express prior written consent of City, whether any such purported assignment be voluntary or by operation of law. 18. It is understood and agreed by and between the parties hereto, that in the event the County of Los Angeles imposes a charge by the day, or by the ton, or upon each truck, or upon each company for the privilege of disposing of trash and 7 rubbish in County facilities, or increases any such existing charge, a rate adjustment shall be negotiated between the parties and such rate adjustment shall be implemented within thirty (30) days of the date of the imposition of such charge. 19. Contractor agrees to advise City in writing at the time any negotiations are undertaken between Contractor and its employees relating to wages and benefits and Contractor shall report the status of said negotiations from time to time including any pending strike, lock out, walk out, boycott or other labor dispute. 20. Full and complete financial data and Contractor's proposal for any rate increases, whether commercial, residential or industrial, shall be submitted to City at least sixty (60) days prior to the requested date of adjustment of any such rates. 21. Contractor shall, at Contractor's sole cost and expense, obtain, and keep in full force and effect during the term of this Agreement, full compensation insurance for all persons who may be employed by Contractor in carrying out the work specified in the Agreement. Such compensation insurance shall be in accordance with the requirements of the State of California relating to worker's compensation. Contractor shall furnish to City a copy of the policy or certificate evidencing such policy. Contractor shall execute and file with City the statement required under California Labor Code Section 3700. 22. Throughout the term of this Agreement, at Contractor's sole cost and expense, Contractor shall keep or cause to be kept in full force and effect, for the mutual benefit of City and Contractor, comprehensive broad form general public liability insurance against claims and liability for personal injury, death or property damage arising from Contractor's operations hereunder, with a combined single limit providing protection of at least Five Million Dollars ($5,000,000.00) for bodily injury or death to any one person, or for any one accident or occurrence and for property damage and at least Ten Million Dollars ($10,000,000.00) aggregate for bodily injury or death and for property damage. such insurance shall be carried only in responsible insurance companies licensed to do business in the State of California. All such policies shall contain language to the effect that (1) the insurer waives the right of subrogation against City and against City's agents and representatives, (2) the policies are primary and noncontributing with any insurance that may be carried by City, and (3) they cannot be canceled or materially changed except upon thirty (30) days prior written notice by the insurer to City. In the event of any such cancellation or material change in such policy of insurance, then this Agreement shall terminate and be of no further force and effect. Contractor agrees to furnish City copies of all such policies promptly upon receipt of them, or certificates evidencing the insurance. Contractor further agrees that all 9 such policies shall name City, its elected officials, officers, agents and employees as additional insureds. Contractor may effect for its own account insurance not required under this Agreement. 23. Contractor agrees that City and its elected officials, officers, agents and employees shall not be answerable or accountable in any manner for any lossordamage that may occur during Contractor's operations under this Agreement, or for injury or damage to any person or persons, either workmen, employees of Contractor or its subcontractors or the public, or for damage to property from any cause whatsoever arising out of or in connection with the performance of the Agreement. Contractor shall be responsible for any damage or injury to any person or property resulting from Contractor's operations hereunder, except where caused by the sole negligence or willful misconduct of City, its elected officials, officers, agents and employees. Contractor agrees that it will indemnify and hold City and its elected officials, officers, agents and employees free and harmless from all claims, actions, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with Contractor's operations hereunder or the activities of Contractor, its agents, employees, subcontractors or invitees provided for herein whether or not there is 10 concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its elected officials, officers, agents and employees and in connection therewith, Contractor agrees as follows: a. Contractor will defend any action or actions filed in connection with any said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees, incurred in, connection therewith. b. Contractor will promptly pay any judgment rendered against Contractor or City covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with this Agreement and Contractor agrees to save and hold City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against Contractor for damages or other claims arising out of or in connection with Contractor's operations hereunder, Contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with City's reasonable attorney's fees. 11 24. Contractor agrees to place into service new vehicles, meeting all requirements therefor set forth in the Specifications, in accordance with the timelines set forth in the Fleet Replacement Schedule set forth in Exhibit "E" hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first set forth above. CITY OF DIAMOND BAR Mayor Attest: City Clerk "CONTRACTOR" By By N\1012\REFUSAGR\DB 5.5(DISC) 12 California Department of Food and Agriculture Office of the Agricultural Commissioner, Los Angeles County -a t � OFFICIAL NOTICE PLEASE READ IMMEDIATELY An aerial application of malatlaion protein bait is necessary in your area, due to the presence of Mediterranean fruit fly. Tentatively, your area will be treated starting at 9:00 p.m. on Thursday, February 15 and continuing into the early hours of the following morning. Application will be made in your area approximately once every 21 days beginning with this treatment. Updates of the application schedule will be through the neves media. if application must be postponed due to weather, changes will be announced through local radio, television, and newspapers. You will be noted through the mail when the schedule is changed to once every 7 to 14 days. THE PROBLEM Unless this pest is stopped here and now, the infestation could spread statewide. Food grown throughout California would be destroyed, and the price of fn ;'s and vegetables would go up while the quality of that food would go down. WHAT IS BEING DONE Malathion protein bait will be applied by helicopter to the area shown on the map to eradicate the Mediterranean fruit fly. The bait mixture, which is not a mist or aerosol, consists of droplets too large to be inhaled. Its toxicity is approximately the same as laundry detergent. LOMA VISTA CALLS CIERVOS p nnnnnu�en�l� VIA VERDE yn VALLEY BLVD bC F � y y N � U w � � U b O nnrru�n o o$ SUNSET CROSSING RD FOR MORE INFORMATION If your specific questions are not answered on this flyer (due to space limitations), please tali one of the phone numbers provided here. We will be glad to advise you about wnat needs to be covered during aerial application and any other concern you have. PROTECT YOUR CAR The protein bait may cause blemishes or discoloration to the finish of some cars, as do other proteins (raw eggs or bird droppings). Please put your car in the garage, or cover it. If your car does get sprayed, please wash it with soap and water. APPLICATION RATE An average of 0.000049 oz. of malathion is deposited per square foot in the treated area shown on the map. The rest is corn syrup protein bait, a sticky food lure which attracts the flies so they eat a minuscule amount of malathion -- enough to kill a fly. NO HEALTH HAZARD Malathion is considered one of the safest insecticides in use today. For more than 35 years, it has been widely used by home gardeners. It is used in many U.S. cities to control mosquitos and, in Europe, it is used by physicians to treat head lice in children. Health authorities agree that, at this extremely low dose, pregnant women have no cause for concern. For general information, please call (800) 225-1346 or (800) 355-2894 or (818) 350-1929. For medical questions please call (213) 744-3235. MUNICIPAL COURT POMONA JUDICIAL DISTRICT 350 WEST MISSION BOULEVARD POMONA, CALIFORNIA 91766 CHAMBERS OF REGINALD YATES, JUDGE= February 6, 1990 The Honorable Mayor and City Council City of Diamond Bar 21660 Copley Drive Diamond Bar, California 91765 EEIE DIAMOND BAS? T L Dear Madame Mayor and Members of the City Council: 3 Judges of the Municipal Court of the Pomona Judicial District, and the East District of the Superior Court of Los Angles County will conduct a community -wide public forum, "Meet Your Judges" - the role of the judiciary in the community on March 8, 1990 in the City Council Chambers of the City of Pomona, 505 S. Garey Ave, Pomona, California from 7:00 p.m. to 10:00 p.m. The meeting will be moderated by Peter Schabarum, Los Angeles County Supervisor and the Honorable Thomas Nuss, Presiding Judge of the East District Superior Court. I was assigned the task of arranging and coordinating the program. This forum is a part of a statewide program designed to improve communication between the public, the judiciary, and coordinate branches of government. It is sponsored by the Governor'slOffice, the California Judges Association, the State Bar of California, and is being endorsed by local governments and community service organizations. It is my hope that you will encourage your constituents to' attend, and I would respectfully request that the Council adopt a resolution endorsing this worthwhile event. An announcement including details of the format is enclosed for your reference. Thank you for your cooperation. y truly yours, �i c --pu IN LD YA Jud4c of the Municipal Court January 30, 1990 PUBLIC SERVICE ANNOUNCEMENT "MEET YOUR JUDGES - AN OPEN FORUM" DATE: March 8, 1990 TIME: 7:00 P.M. TO 10:00 P.M. LOCATION: CITY COUNCIL CHAMBERS, CITY OF POMONA, 505 S. GAREY AVE., POMONA, CALIFORNIA (MISSION BLVD. AND GAREY AVE. CITY HALL COMPLEX) MODERATORS: LOS ANGELES COUNTY SUPERVISOR PETER SCHABARUM, JUDGE THOMAS F. NUSS, PRESIDING JUDGE OF THE SUPERIOR COURT EAST DISTRICT LOS ANGELES COUNTY PANEL PARTICIPANTS AND TOPICS: JUDGE THOMAS PETERSON, POMONA MUNICIPAL COURT, "THE NEW .08 BLOOD ALCOHOL LEVEL LAW"; COMMISSIONER MARC LAUPER, POMONA MUNICIPAL COURT, "APPEARING IN TRAFFIC AND SMALL CLAIMS COURT"; COMMISSIONER BENSON SHAFFER, LOS ANGELES COUNTY SUPERIOR COURT, "THE JUDICIAL ROLE IN FAMILY LAW AND DOMESTIC VIOLENCE CASES", JUDGE ROBERT A. DUKES, LOS ANGELES COUNTY SUPERIOR COURT, "THE IMPACT OF DRUG CASES ON THE JUDICIAL SYSTEM"; AND JUDGE WILLIAM MC VITTIE, SUPERIOR COURT, LOS ANGELES COUNTY, "THE JUVENILE JUSTICE SYSTEM". OTHER JUDGES FROM BOTH THE SUPERIOR AND MUNICIPAL COURTS WILL BE ON HAND TO ANSWER SPECIFIC WRITTEN QUESTIONS DIRECTED TO THEM BY THE MODERATORS. ALL QUESTIONS MUST BE IN WRITING. IF A SUBMITTED QUESTION IS NOT USED, THE PERSON ASKING THE QUESTION WILL RECEIVE A WRITTEN RESPONSE IF THE QUESTIONER PROVIDES A RETURN ADDRESS ON THE FORM. ADMISSION IS FREE, AND AT THE CONCLUSION OF THE QUESTION AND ANSWER PERIOD, ALL WILL BE INVITED TO SHARE IN REFRESHMENTS AND MEET THE JUDGES IN A SOCIAL SETTING. SEATING IS LIMITED, SO PLAN TO ARRIVE EARLY.