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HomeMy WebLinkAbout04/07/1992CITY COUNCIL AGENDA Mayor — Jay C. lQm Mayor Pro Tem -- Phyllis E. Papen Councilman — John A. Forbing Councilman — Gary H. Werner Councilman — Gary G. Miller City Council Chambers are located at: South CoastAir QL elity Management astactAuditonum 21865 East Copley DrAe MEETING DATE: April 7, 1492 {'MEETING TIME: closed Session - 5: o P.M. Regular Session - 6:00 P.M. Robert L. Van City Manager Andrew V. Ar City Attorney Lynda Bur{ City Clerk The City of Diamond Bar uses RECYCLED paper and encourages you to do the same. THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABI FOR AIRING ON CHANNEL 51, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. 1.5:00 P.M. - 2. CALL TO ORDER: CLOSED SESSION Personnel Section - 54957.6 Litigation Section - 54955.9 PLEDGE OF ALLEGIANCE: ROLL CALL: Next Resolution No. 92-09 Next Ordinance No. 2 (1! 6:00 P.M. MAYOR KIM )92 ) Councilmen Forbing, Miller, Wener, Mayor Pro Tem Papen, Mayor Kim 3. COUNCIL COMMENTS: Items raised by individual Cou cil- members are for Council discussion. Direction may be giv n at this meeting or the item may be scheduled for action at a future meeting. 4. 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 aive it to Council. 5. CONSENT CALENDAR: The following items listed o the Consent Calendar are considered routine and are approved by a single motion. 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1 GENERAL PLAN 'ADVISORY COMMITTEE - April 9, 1992 - 7:00 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.1.2 PARKS & RECREATION COMMISSION - April 9, 1992 - 7:00 p.m., City Hall, 21660 E. Copley Dr., Ste. 100 5.1.3 TRAFFIC & TRANSPORTATION COMMISSION - Apr 1 9, 1992 - 6:00 p.m., AQMD Hearing Room, 218E5 E. Copley Dr. 5.1.4 PLANNING COMMISSION - April 13, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 1st Public Hearing of General Plan. 5.1.5 PLANNING COMMISSION - April 20, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr., Public Hearing for General Plan APRIL 7, 1992 PAGE 2 5.1.6 CITY COUNCIL MEETING - April 21, 1992 6:00 P.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.7 PLANNING COMMISSION - April 27, 1992 7:00 P.M., AQMD Auditorium, 21865 E. CopleF Dr. Public Hearing for General Plan 5.2 APPROVAL OF MINUTES - Regular Meeting of March 17, 1992. 5.3 WARRANT REGISTER - Approve Warrant Register dated April 7, 1992 in the amount of $585,449.41. 5.4 TREASURER'S REPORT - Receive & file Treasurer's eport for the month of February, 1992. 5.5 RECEIVE & FILE PARKS & RECREATION COMMISSION M: 5.5.1 Regular Meeting of February 13, 1992 5.5.2 Study Session of February 20, 1992 5.5.3 Regular Meeting of February 27, 1992 5.6 5.7 RECEIVE AND FILE PLANNING 5.5.1 Regular Meeting 5.6.2 Regular Meeting 5.6.3 Regular Meeting COMMISSION MINUTES - of February 10, 1992 of February 24, 1992 of March 9, 1992 RECEIVE -AND FILE TRAFFIC AND TRANSPORTATION COMMISSION MINUTES - Adjourned Regular Meeting of February 27, 1992 5.8 RECEIVE AND FILE - Bi -Weekly Street Sweeping Evaluation 5.9 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY CO CIL OF THE CITY OF DIAMOND BAR DENYING TENTATIVE PARCE MAP NO. 22102, A REQUEST TO DIVIDE A 4.39 ACRE PARCEL INTO TWO LOTS AT 1575 VALLEY VISTA DRIVE WITHIN THE CM -B -U/C ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF -- Appl cant requests approval for a minor subdivision to create two lots from one 4.39 acre parcel located at 1575 S. Valley Vista Dr. in the Gateway Corporate Center. The Public Hearing was held and closed on this matter on Januar, 21, 1992. Continued from March 3, 1992. Recommended Action: Return to Planning commissior for preparation of a Development Agreement and revised map at request of applicant. 5.10 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY CO CIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE GOLDEN SPRINGS DRIVE/SYLVAN GLEN ROAD DRAINAGE SYSTEMS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - Seepage conditions have been observed along the west side of Golden Spgs. Dr. north of Sylvan Glen Road and along the south side of Sylvan Glen Rd. immediately east of Golden Springs Dr. The City desires to mitigate conditions by installing drainage systems to inter eaidid and direct the water to appropriate drainage device . APRIL 7, 1992 PAGE 3 Recommended Action: Adopt Resolution No. 92 -XX appr ving plans and specs for the Golden Springs Dr./Sylvan Glen Rd. Drainage Systems Project and authorize the City Clerk to advertise the project for bid. 5.11 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR CITYWIDE STREET TREE SERVICE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLEIRK TO ADVERTISE TO RECEIVE BIDS - Council has previously authorized funds in FY 1991-92 for Citywide tree ser ices which include trimming, removing and stump grinding At this time, tree service is provided by Los Angeles County Public Works. Staff has prepared plans and specifica- tions and seeks authorization to solicit competitive bids for Citywide street tree maintenance services. Recommended Action: Adopt Resolution No. 92 -XX appy ving plans and specifications for Citywide tree servic and authorize the City Clerk to advertise for bids. 5.12 STORMWATER DISCHARGE PERMIT - The California Regional Water Quality Control Board, Las Angeles Region, has adopted Waste Discharge Requirements for Stormwater/ rban Runoff Discharge for L.A. County and Co -Permittees. The County is designated as Principal Permittee while Cities are given the opportunity to become Co -Permittees. Recommended Action: Participate as Co -Permittee the current L.A. County NPDES Permit No. CA0061654 5.13 EXONERATION OF GRADING BOND AT 23504 RIDGELINE OAD, TRACT NO. 30091 - The City desires to exonerate a $ 01610 cash deposit posted for grading. Recommended Action: Accept the grading construction and exonerate the deposit posted for said project. 5.14 LANDSCAPING ASSESSMENT DISTRICTS NUMBERS 38, 39 AND 41 - The City has an annual program for maintenance of PILblic improvements and intends to continue said program by special assessments upon lands within the City's Landscaping Assessment Districts Number 38, 39 and 41. Funds must be provided to enable these District to continue their operation during the 1992-93 Fiscal Year. Procdedings for maintenance of said improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. Recommended Action: Adopt the following Resolutions to initiate the proceedings for Districts 38, 39 and 41 annual assessments and authorize staff to prepare the Engineer's reports: APRIL 7, 1992 PAGE 4 5.14.1 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 AN ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1992 93. 5.14.2 RESOLUTION. NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 AN ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1992 93. 5.14..3 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 ANP ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1992 93. 5.15 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY CO CIL OF THE.CITY OF DIAMOND BAR OPPOSING THE LOSS OF PRO ERTY TAX REVENUE - AB 3214, Recommended Action: Adopt Resolution No. 92 -XX Opposing the Loss of Property Tax - AB 3214. II 5.16 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE FURNISHING OF CONCESSION STAND ADDITION AT THE CARLTON J. PETERSON PARK, LOCATED AT THE SOUTHEAST CORNER OF SYLVAN GLEN DRIVE AND GOLDEN SPRINGS DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - The City desires to build a concession stand at Carlton J. Peterson lark. Plans and specifications and have been prepared and staff seeks authorization to solicit competitive bids for construction of the building which is estimated to cost $40,000. Recommended Action: Adopt Resolution No. 92 -XX appr wing plans and specifications for construction of a concession stand at Carlton J. Peterson Park and authorize the City Clerk to advertise for bids. 5.17 CONSIDERATION OF A CALL FOR REVIEW REGARDING AMENDME T TO CUP 89-551 FOR PROPERTY LOCATED AT 800 S. GRAND AVENUE (54 -UNIT APARTMENT COMPLEX) - The Planning Commission approved an amendment to CUP 89-551 on March 9, 1992. The Commission also reviewed and recommended that the City Council approve Tentative Tract Map No. 51079. City APRIL 7, 1992 C -v PAGE 5 Ordinances do not require the CUP to be forwarded with the TTM for Council review. In accordance with Section 22.60.200.B, projects may be called up for review b the City Council. Recommended Action: It is recommended that the amen ment to CUP 89-551 be called to the -City Council for reView. 5.18 AWARD OF CONTRACT FOR CODIFICATION OF CITY'S ORDIN CES - The City desires to provide for professional review, codification, publication and supplementation services for Ordinances adopted by the City Council since Incorporation. Requests for Proposals were received from six publishing companies on March 13, 1992. Recommended Action: Award a contract for professional codification and publication of City ordinances to Municipal Code Corporation of Tallahassee, Florida in an amount not to exceed $20,000 and authorize the Mayor and City Clerk to execute the agreement. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETCH., 6.1 CERTIFICATE OF RECOGNITION - Presentation of Certificate of Recognition to Evan Ray in the regional competition for the 1992 U.S. Jr. Olympics. 6.2 PRESENTATION - Presentation of Resolution and T -Shirts by Anne Stephens, representing Supervisor Deane Dana's in conjunction with "Safe Communities Week" April 6 -10, 1992 (Proclaimed at meeting of March 17, 1992.) 7. OLD BUSINESS: 7.1 MUNICIPAL SOLID WASTE COLLECTION, DISPOSAL AND RECY LING SERVICES CONTRACT - At their March 17, 1992 mee ing, Council directed staff to provide additional analysis on the comparative qualifications and service capabilities matrix. In order to clarify the process used to eva nate the three firms, staff has developed a weighted ranking criteria which is organized into four distinct categories to demonstrate the relative qualifications and capabilities of the three companies. Recommended Action: Direct staff to enter intonego- tiations with Western Waste Industrial to establish an exclusive franchise arrangement for provision of solid waste collection, disposal and recycling services. a 7.2 AMENDMENT TO. COMMISSION -ESTABLISHMENT ORDIFesc CES CONCERNING THE TIME FOR SELECTION OF A CHAIR ANDHER OFFICERS - Following the City's change of electiontes from April to November of odd -numbered years, Ordioes were adopted changing appointment and expiration daof terms for Planning, Parks & Recreation and Traf & APRIL 7, 1992 8. PAGE 6 Transportation Commissions. The ordinances did not reflect the appropriate date for the three commissions to annually select a Chair and Vice Chair. The proposed amendments would provide that Commissions reorganize annually at their first meeting in March. Recommended Action: 1) Introduce for first re ding Ordinance No. 24C (1989), Ordinance No. 25C (1989) and Ordinance No. 28C (1989) as follows and 2) direct. all Commissions to reorganize at their first meeting following the April 7, 1992, City Council meeting: 7.2.1 ORDINANCE NO 24C: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 24 (1989), AS HERETOFORE AMENDED, CONCERNING THE SELECTION OF A CHAIR AND OTHER OFFICES OF THE PARKS AND RECREATION COMMISSION. 7.2.2 ORDINANCE NO. 25D (1989): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 25 (1989), AS HERETOFORE AMENDED, CONCERNING THE SELECTION OF A CHAIR AND OTHER OFFICES OF THE PLANNING COMMISSION. 7.2.3 ORDINANCE NO. 28C (1989): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 28 (1989), AS HERETOFORE AMENDED, CONCERNING THE SELECTION OF A CHAIR AND OTHER OFFICES OF THE TRJLFFIC AND TRANSPORTATION COMMISSION. NEW BUSINESS: 8.1 AGREEMENT WITH CALTRANS, LOCAL STREETS & ROADS BPJLNCH, FOR ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM - The City has received a $563,000 grant through the Environmental Enhancement and Mitigation Program to plant trees and install an irrigation system along State Route 60. Program guidelines stipulate that Caltrans ocal Streets and Roads Branch is responsible for administration of the Grant Project. As such, it is necessary for the City to enter into an agreement with Caltrans. Recommended Action: Enter into an agreement 1with Caltrans for administration of the Environmntal Enhancement and Mitigation Program. 8.2 AWARD OF CONTRACT FOR ARCHITECTURAL SERVICES FOR LANDSCAPE AND IRRIGATION DESIGN FOR ENVIRONM NTAL ENHANCEMENT AND MITIGATION PROGRAM ALONG STATE RO E 60 - The City has received a $563,000 grant throug the Environmental Enhancement and Mitigation Program to lant APRIL 7, 1992 PAGE 7 trees and install an irrigation system along the 3tate Route 60 from Grand Ave. to Phillips Ranch Rd. The ity, in conjunction with Caltrans, has requested prop sals from Landscape Architects with previous Caltrans d sign experience. After review of proposals by staf and Caltrans, the most qualified consultant was select d. Recommended Action: Award a contract for landscap and irrigation design services to Kobata Associates n an amount not to exceed $19,200. 8.3 ACCEPTANCE OF RESIGNATION OF CITY MANAGER AND APPO OF ACTING CITY MANAGER. 9. PUBLIC HEARING: 7:00 p.m. or as soon thereafter as maters can be heard. 9.1 CONTINUED PUBLIC HEARING REGARDING CERTIFICATIO4 OF MASTER ENVIRONMENTAL IMPACT REPORT 91-2 AND APPROVAL OF VESTING TENTATIVE TRACT MAPS 47850, 47851 AND 48487 - Approval of a three (3) tract residential subdivisio for development of 120 lots on 160 acres in SEA No. 13 and certification of a Master Environmental Impact Re ort. The City Council conducted Public Hearings on this application January 21, 1992 and continued the hea ings to January 28, 1992, March 3, 1992 and to the Apr.1 7, 1992 meeting in order to receive public testimony aid to review the project. Recommended Action: The Planning Commission recom ends that Council approve Vesting Tentative Tracts 4 850, 47851, and 48487 and Certification of M ster Environmental Impact Report (MEIR) 91-2. 10. ANNOUNCEMENTS: 11. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: -6 DATE: ADDRESS: i� �1� PHONE: C ORGANIZATION: AGENDA #/SUBJECT: IN FAVOR OF/AGAINST? I expect to address the Council on the subject agenda item. Please have the Council Min name and address as written above. Signat4 e reflect my D TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL IN FAVOR OF/AGAINST? CITY CLERK DATE: � PL)�15f� ��� �- • PHONE:. eve 7: I expect to address the Council on the subject agenda item. Please have the Council Min name and address as written above. Signature q ! reflect my TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL IN FAVOR OF/AGAINST? CITY CLERK � DATE: 7 PHONE: �P/"- l-1_ Al I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. II 4 Sig ature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: IN FAVOR OF/AGAINST? CITY CLERK �A -x �.�DATE: 7 9 'Z- PHONE:71G9-is/-?I 1 expect to address the Council on the subject agenda item. Please have the Council Mi name and address as written above. f Signature s reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. Y DATE: IL -7 1717? - TO: 7? -TO: City Clerk FROM: Ai`'� �e L ADDRESS: Z `�v� ate' �'l;p/S Il9�s✓�� ORGANIZATION: SUBJECT : , (% F> i- 1,1C �70-114,0 1; -Al I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. .-7,- r` r7 . A S/i_gnature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons vishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. D TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL pA IN FAVOR OF/AGAINST? CITY CLERK 1 DATE: PHONE: 0(/ n � � � /I/ I expect to address the Council on the subject agenda item. Please have the Council Mi name and address as written above. Signature 1Z,2- 1, Y, LY, reflect my TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL IN FAVOR OF/AGAINST? CITY CLERK DATE: �— Z L/ / 7 / PHONE: I expect to address the Council on the subject agenda item. Please have the Council Mi utes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: IN FAVOR OF/AGAINST? CITY CLERK DATE: A/ ,0�Uf PHONE -2 expect to address the Council on the subject agenda item. Please have the Council Min name and address as written above. ' C Signature U�f reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL � 1 TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: IN FAVOR OF/AGAINST? CITY CLERK DATE: 3 9�. % t��� �f ...12a PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL % TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: IN FAVOR OF/AGAINST? CITY CLERK Y�--f_ DATE: l I expect to address the Council on the subject agenda item. Please have the Council Mi name and address as written above. Signature reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL I a TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: AINST? CITY CLERK 8A Imo' -� DATE: PHONE: rP _ N I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. U Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. -7,_l DATE: a g� % % ` 2 - TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: ING [ RV jC,F C4TA-1i &4C, I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons fishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. r TO: FROM: ADDRESS: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK J /v Vz, DATE: 41 7/? PHONE: ORGANIZATION: J AGENDA #/SUBJECT: cot/n in IN FAVOR OF/AGAINST? I expect to address the Council on the subject agenda item. Please have the Council Mi name and address as written above. Sig ature s reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: Wyc& DATE: ADDRESS:PHONE: 3 ORGANIZATION: / l:''iVI FIS f-AMk?)hIAIPA>,- IXf--Ar' lk 7 AGENDA #/SUBJECT: IN FAVOR OF/AGAINST? I expect to address the Council on the subject agenda item. Please have the Council Mintites reflect my name and address as written above. Signature TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL IN FAVOR OF/AGAINST? CITY CLERK &I,_ DATE: PHONE: expect to address the Council on the subject agenda item. Please have the Council Mi name and address as written above. Signature tes reflect my D VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA VSUBJECT: IN FAVOR OF AGAINS CITY CLERK D/�vt"-:5 DATE: PHONI z -- Q/ 336-3636 expect to address the Council on the subject agenda item. Please have the Council Min name and address as written above. Signature reflect my D TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK l s Cfl�kt'�f'`r7" DATE: 14 04 S V � V.i PHONE: Camn�r�� iTy. l7i�sP,:�-,a[.. �dn�G�ca-xr.di IN FAVOR OF/AGAINST? AQgj,)s—) I expect to address the Council on the subject agenda item. Please have the Council M name and address as written above. 1 Signature L 3 reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: 1A U DATE: ADDRESS: 9 G, <,ry PHONE:#o. 6 ORGANIZATION: AGENDA #/SUBJECT: IN FAVOR OF/AGAINST? I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sig ture VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL T0:CITY CLER FROM: DATE: ADDRESS: -;V/ �9 b PHONE: ORGANIZATION: �y 41�1 AGENDA #/SUBJECT: 1�too 4 7-1-7 i'7 Z"t IN FAVOR OF/AGAINST?,Ix,j #v'T'2, 94 I expect to address the Council on the subject agenda item. Please have the Council Mi utes reflect my name and address as written above. f Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL_ u TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: ,4- IN IN FAVOR OF/AGAINST? CITY CLERK DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Mi name and address as written above. Signature reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: IN FAVOR OF/AGAINST? CITY CLERK DATE: A PHONE: 7, -- 4SSoc DA—dj I expect to address the Council on the subject agenda item. Please have the Council Min name and address as written above. Signature 7/qlz— i 41r reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: ADDRESS: -G ORGANIZATION: 7CQ SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect 'my name and address as written above. / V - Signature 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. rXVOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT. IN FAVOR OF/AGAINST? CITY CLERK DATE: PY PHONE: r" I expect to address the Council on the subject agenda item. Please have the Council Min name and address as written above. Signature 61-- b Z.zd reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �j DATE: 1 '2` ADDRESS: PHONE: R� ORGANIZATION: AGENDA #/SUBJECT: IN FAVOR OF/A fNST 1 expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. d Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: -J I /-7 DATE: ADDRESS: PHONE: I'a �— ORGANIZATION: AGENDA #/SUBJECT: }J t5 v e L-0 nti� IN FAVOR OF/AGAINST? �—P%xfd K- I expect to address the Council on the subject agenda item. Please have the Council Miutes reflect my name and address as written above. Si ature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �, � � ,r�,�,- �� DATE: ° 7- `? --2-- ADDRESS: .�C�fc{ �S,�d'r�,� C��lc �� PHONE: 9 C ORGANIZATION: AGENDA #/SUBJECT: Dt, L FAVOR OFIgGAINST?off I expect to address the Council on the subject agenda item. Please have the Council Mi Utes reflect my name and address as written above. Sigma---- D Qel VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: IN FAVOR OF/AGAINST? CITY CLERK DATE: TZ—:4HONE: I expect to address the Council on the subject agenda item. Please have the Council Mintes reflect my name and address as written above. SignattAe D TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL q,/ IN FAVOR OF/AGAINST? CITY CLERK P DATE: i7 PHONE: I expect to address the Council on the subject agenda item. Please have the Council Mi name and address as written above. Signature s reflect my TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL IN FAVOR OF/AGAINST? CITY CLERK Y L • DATE: nf Inr• 7oKll=: I- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. ���ature D TO: FROM: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: IN FAVOR OF/AGAINST? CITY CLERK uta DATE: - PHONE: I expect to address the Council on the subject agenda item. Please have the Council Min name and address as written above. i r . Signature reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: J' PHONE: ORGANIZATION: AGENDA #/SUBJECT: I IN FAVOR OF/AGAINST? I expect to address the Council on the subject agenda item. Please have the Council name and address as written above. r� Signature utes reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: L o!� 4=�-rr DATE: 9 z ADDRESS: PHONE:—.?4-0- O C a 4 ORGANIZATION: AGENDA #/SUBJECT: IN FAVOR F/AGAINST? I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. � -,-- . Signature TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK , DATE:/; IN; FAVOR OF/AGAINST? I expect to address the Council on the subject agenda item. Please have the Council name and address as written above. Signature utes reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM;b + g � DATE: ` i ADDRESS:�fl'PHONE: ORGANIZATION: A e AGENDA #/SUBJECT: ieltV IN FAVOR OF/AGAINST? expect to address the Council on the subject a en�a item. 1 9 tem. Please have the Council Minutes reflect my name and address as written above. r i Signature ,� TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK 7z --7Q IN FAVOR OF/AGAINST? X-- DATE: PHONE - ,7- ,�i� -7,5� <-"' I expect to address the Council on the subject agenda item. Please have the Council Miutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: Fz !T DATE: ADDRESS: ��s 0 /�} /� PHONE: ORGANIZATION: AGENDA #/SUBJECT: Loc, V-A 0y IN FAVOR OF/AGAINST? F 14 V I expect to address the Council on the subject agenda item. P name and address as written above. Signature Council utes reflect my D TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL C}IITYp CLERK DATE: 5A k4 �ZA PHON(1� \,Tt w IN FAVOR F/A �INST? ! e t to address the Council on the ubject g a Pl/se have the Council name and address as written above. / Signature La- -q)-/ g�I-31)0Q s reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: i3 K _ &to \11A Ne.vv" Cs. C._ DATE: 7-T ADDRESS: LaLk1 S > PHONE: -060-1661 ORGANIZATION: AGENDA #/SUBJECT: �� z- � L V E, L& P PA L� � _0 -E CCA-- N FAVOR OF6GAINST? I expect to address the Council on the subject agenda item. Please have the Council Mi utes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: AVOR R GAINST? CITY CLERK DATE: PHONE: s expect to address the Council on the subject agenda item. Please have the Council name and address as written above. Signature - -5�p.?o Utes reflect my 1. 2. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 17, 1992 CLOSED SESSION: 5:00 P.M. Personnel - G.C. Litigation - G.C. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: 3. COUNCIL COMMENTS: Section 54957 6 Section 5495619 M/Kim called the meeting to orde at 6:04 p.m. in the Council Chambers, AQMD Auditorium, 21865 E. Copley Dr. The audience was led in the Pl of Allegiance by M/Kim. Mayor Kim, Mayor Pro Tem Pa en, Councilmen Forbing, Miller and Werner. Also present were Robert L. Van Nort, City Manager; Terrence L. Belanger, Assistant City Mana er; Andrew V. Arczynski, City Attor ey; James DeStefano, Director of Community Development; Sid Mous vi, Public Works/City Engineer andL nda Burgess, City Clerk. The City Attorney announced hat during Closed Session, the Cou cil discussed Personnel matters, set le- nient of the case of Scott vs. Diamond Bar and potential settle ent of the case City of Diamond Bar vs. Los Angeles County. 4. PUBLIC COMMENTS: Al Rumpilla, 23958 Golden Springs r., stated that he was opposed to the words "in favor of/agai st" added to newly -designed speaker's cards. He further reque ted adding "Following discussion and prior to a vote, the M3.yor will recognize any member of the audience who wishes to s eak on the subject who has not filled out a card." CM/Van Nort stated that several concerns had been expre sed regarding the Speakers Cards and that the matter would be included on a future agenda for final resolution. Clair Harmony, 24139 Afamado, requested that Item No. 5.5 on the Consent Calendar be pulled for discussion. Don Schad, 1824 Shaded Wood Rd., asked Council to amend the adopted County Tree Ordinance to include the Black Walnut, California Sycamore and California Pepper which are significant to Diamond Bar and that it be done prior to any project being released. Ken Anderson, 2628 Rising Star Dr., stated that he was speaking against the SpeeDee Lube project in the Country ills Towne Center recently approved by the Planning Commission He MARCH 17, 1992 PAGE 2 presented a letter to the Council outlining his concerns which include, parking, traffic at Fountain Spgs. and Diamond Bar Blvd., graffiti, etc. He further requested that Council Look into this matter. CA/Arczynski stated that two public hearings were held on the SpeeDee Lube proposal and on February 24, 1992, the Plan ing Commission approved half of the project and denied the other. Tracy Baldwin, 239 Red Cloud Drive, spoke regarding lack of maintenance of homes and yards as well as enforcement. of CC&R's. He suggested that a study panel be formed to inc ude members of the City Council, Planning Commission, Diamond Bar Improvement Association and residents to review the situation and clean .up the City. In addition, the City should adopt a uniform ordinance to enforce City-wide. MPT/Papen asked that staff review this situation and loor. at ordinances already in place to help alleviate the situat'on. C/Werner suggested that the Code Enforcement Officer loo at Uniform Building Code provisions for abatement of nuisa ces similar to those referred to by Mr. Baldwin. 5. CONSENT CALENDAR: C/Forbing moved, C/Werner seconded to approve the Consent Calendar with the exclusion of Item 5.5. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Pape , M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1 Planning Commission - March 23, 1992 -- :00 p.m., AQMD, 21865 E. Copley Dr. 5.1.2 City Council Study Session - March 24, 1992 - 6:00 p.m., AQMD Room CC -8, 21865 E. Copley Dr. 5.1.3 Parks & Recreation Commission - March 26, 1992 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.4 City Council Meeting - April 7, 1992 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 APPROVAL OF MINUTES 5.2.1 Regular Meeting of March 3, 1992 - Approved as submitted. 5.2.2 Study Session of March 10, 1992 - Approved as submitted. 5.3 WARRANT REGISTER - Warrant Register dated March 17, 1992 in the amount of $660,976.07 - Approved as submitted. 5.4 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of February 13, 1992 - Received and filed. MARCH 17, 1992 PAGE 3 ITEMS WITHDRAWN PROM CONSENT CALENDAR: 5.5 AWARD OF CONTRACT TO UMA ENGINEERING, INC. FOR F XED ROUTE DEVIATION PUBLIC TRANSIT SYSTEM - CM/Van Nort stated that numerous citizens have expressed concern hat transit needs have not been met. The Traffi & Transportation Commission reviewed the matter and ag eed that study should be conducted for a fixed r ute deviation transit system traveling Diamond Bar Blvd. and all major arterials. Existing public transit consists of paratransit and dial -a -ride. The study would be funded through Proposition A funds for a system to coincide with other cities' park -n -rides and transit systems and would discuss future train systems. The study will also address the type of vehicles to be used inclu ing availability of grants from several sources to provide for electric buses. C/Werner moved, MPT/Papen seconded to award a contract to UMA Engineering, Inc. in an amount not to exceed $34,972. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 6.1 PROCLAMATIONS: 6.1.1 Proclaimed March 1992 as "Red Cross Month." 6.1.2 Proclaimed April 1992 as "Earthquake Awareness Month." 6.1.3 Proclaimed April 6-12, 1992 as "Public Health Week." C/Werner read the Proclamation and presented it to Julia Kay, representing the L.A. County Health Department. 6.1.4 Proclaimed April 6-10, 1992 as "Safe Community Week." C/Miller read the Proclamation and presented it to Lt. Michael Muravez, L.A. County Sheriff's Department, Walnut Station. CM/Van Nort stated that the City wi 11, be contributing to a fund involving the Co my and both school districts. 6.2 CITY TILES: 6.2.1 PLANNING COMMISSION: M/Kim presented City Tiles to former Planning Commissioners David Schey and Clair Harmony. Garry Stitt, representing Assemblyman Paul Horcher, also presented the outgoing Commissioners with Certificates of Recognition. MARCH 17, 1992 PAGE 4 6.2.2 PARKS & RECREATION COMMISSION - M/Kim presented City Tiles to former Parks & Recreation Commissioners David Meyer and Garrettson Stitt. Mr. Stitt presented a Certificate of Recognition to David Meyer on behalf of Assemblyman Paul Horcher. 6.2.3 TRAFFIC & TRANSPORTATION COMMISSION - M/Kim presented City Tiles to former Traf f ' c & Transportation Commissioner Tom Ortiz. Art Fritz was unable to be present to accept his tile. Mr. Stitt presented a Certificate of Recognition to Tom Ortiz on behalf of Assemblyman Paul Horcher. Mr. Ortiz thanked the Council and accepted the plaque on behalf of all citizens of Diamond Bar and expressed appreciation to all ity staff for their assistance. 6.3 DIAMOND BAR HIGH SCHOOL BAND, COLOR GUARD & TAURTAN DANCE TEAM - C/Forbing presented a Tile to representatives Erom each group for being chosen the "Best Band in the Parade" at the 1991 Fiesta Bowl. 6.4 DIAMOND BAR HIGH SCHOOL TAURIAN DANCE TEAM - C/For ing presented a Tile to representatives from the dance team for winning first place at the California State Small Dance Championship held recently in San Jose. 6.5 DIAMOND BAR FLAG FOOTBALL TEAM - C/Werner present d a Tile to Bob Rose, representing the Flag Football team, for winning the San Gabriel Valley Municipal Athletic Association 1991 Youth Flag Football Championship. RECESS: M/Kim recessed the meeting at 7:00 p.m. RECONVENE: M/Kim reconvened the meeting at 7:20 p.m. S. PUBLIC HEARINGS: 7:00 p.m. or as soon thereafter as can be heard. 8.1 RESOLUTION NO. 92-08: A RESOLUTION OF THE CITY CO CIL OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 91-14 AND NEGATIVE DECLARATION NO. 92--2, AN APPLICATION FOR A DRY CLEANING ESTABLISHMENT WITH A DRY CLEANING PLANT ON THE PREMISES AT 1397--99 DIAMOND BAR BLVD. AND MAKING FINDINGS IN SUPPORT THEREOF - CDD/ DeStefano stated that the Planning Commission approved a Conditional Use Permit for this matter on February 11, 1992 and an appeal was filed subsequent thereto. MARCH 17, 1992 PAGE 5 M/Kim opened the Public Hearing. Charles Kubes, 99 E. "C" Street, Upland, representing the owners of Montefino Plaza, opposed approval of the PUP. Arman and Grigo Haytaian, 1414 Blenbury Dr., co-ownes of Thrifty Dry Cleaners, opposed approval due to the c ose proximity of the new cleaners to theirs. Clair Harmony, 24139 Afamado, stated that he had vted against this matter when considered by the Plan ing Commission. Douglas Levine, dry cleaning consultant and represe ta- tive for Eko and Monica Kuntjuro, applicants, stated a permit had been obtained from the AQMD for installation of a dry cleaning plant at the proposed location. He further pointed out that parking in this area is n t a problem. A representative from Nancy's Pet Parlor, next doo to Thrifty Dry Cleaners, also opposed the project. In response to C/Werner's inquiry, Lou Franzine, re senting Jim Dandy Cleaners, stated that he had s approximately one year searching for a site. Ole Klone, 23272 Woodlake Dr. opposed the project. In response to M/Kim's request, CDD/DeStefano stated hat traffic congestion in the center had been analyzed by Engineering who recommended to the Planning commission that the site was sufficient to handle the existing uses as well as this increase. With no further testimony offered, M/Kim closed the Public Hearing. C/Werner stated that he was concerned about traffic access and signage considered necessary for recognition. He moved to deny the CUP based on existing traffic and circulation patterns which would not satisfy a high volume discount enterprise such as this. Motion died for lack of second. Following discussion, C/Forbing moved, C/Miller sect to adopt Resolution No. 92-08 approving Conditional Permit No. 91-14 and Negative Declaration No. 92-2. the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Use 4ith MARCH 17, 1992 PAGE 6 RECESS: M/Kim recessed the meeting at 8:16 p.m. RECONVENE: M/Kim reconvened the meeting at 8:23 p.m. 7. OLD BUSINESS: 7.1 MUNICIPAL WASTE COLLECTION AND DISPOSAL CONTRAC - ACM/Belanger reported that in December 1991, Council declared its intent to establish an exclusive franc ise for provision of municipal waste collection, disposal and recycling services. The three firms considered better qualified were interviewed by the City Manager, the Assistant City Manager and the Assistant to the ity Manager and it was determined that Western waste was the most qualified. Staff recommended entering into negotiations with Western Waste for establishinc an exclusive franchise for collection and disposal of s lid waste as well as establishment of a franchise fee. MPT/Papen asked why composting is part of the prop sal since the SRRE calls for participation in a composting project costing $6-700,000 initially. Asst. to CM/Butzlaff stated that in the preliminary SRRE, a composting facility was cited as an alternative for collection of greenwaste and called for establishme t of a regional facility to be implemented by the San Gabriel Integrated Waste Management Joint Powers Authority. It was later determined that this was unwarranted and thus stricken from the final draft of the SRRE. The City still needs to develop a disposal alternative suitable to handle the greenwaste materials that comprise appr im- ately 17.90 of its existing waste stream. There are several alternatives, including the County Sanitation District Landfill Cover Program which is not a permitted use program at this point, but the City maybe able t use some of the materials there. MFT/Papen suggested that since the County Sanit tion District operates the greenwaste program and citizens pay a reduced tipping fee, discussion of the composting program should be eliminated. ACM/Belanger explained that staff felt that the composting element should be placed in the agreemen but not as an active provision. In response to C/Miller's question, ACM/Belanger stated that all firms were evaluated in a comparative fashion based on their ability to deliver the kind of ser ices needed to be provided on the first day in order to comply with AB939. It was determined that Western Waste al eady owned and operated facilities to assist the City in achieving that compliance in each of the categories considered to be important. The other firms are either MARCH 17, 1992 PAGE 7 leasing or in the process of obtaining permits for those kinds of facilities. Following discussion, C/Werner moved to negotiate with Community Disposal. Motion died for lack of second With no further questions by Council, M/Kim opened the discussion to the public. Bill George, 378 N. Prospectors Rd., spoke in opposition to staff's recommendation and felt Council should go ith the lowest bid. The following spoke in favor of staff's recommendation: Kandee Beas, 23520 Jubilee Ln., Connie Shotts, 501 S. Diamond Bar Blvd., Chuck Martin, 444, N. Red Cloud. Al Simonian, 13793 Redwood Ave., representing Western Waste, discussed his firm's facilities and indicated that residential customers in D.B. are currently paying $7.95 plus.; $.35 for the City's permit fee. A number of residents pay an additional $2.00 for recycling services. Paul J. Dyson, 1200 Corporate Center Dr., Monterey Park, Regional Acct. Manager for Southern Pacific Transportation Co. spoke in regard to transportation of waste and recyclable materials and addressed the spread sheet provided. Resident Don Gravdahl asked that Council consider the lowest responsible bidder. Red Calkins, 240 Eagle Nest Dr., reiterated his opinion that an exclusive franchise should not be considered as the City should be open to free enterprise. Dennis Chiapetta, 14048 Valley Blvd, Industry, General Manager of Community Disposal, spoke against staff Is recommendation. He stated that his firm charged $10.95 for automated service, $9.95 for manual service with a 30% discount to senior citizens, and includes recycling as well as the $.35 city permit fee. Al Rumpilla, 23958 Golden Springs Dr., opposed awarding exclusive franchises. Frank Dursa, 2533 Harmony Hill Dr., suggested that both MPT/Papen and M/Kim may have conflicts of interest due to their involvement with a public relations consultant, Mike Lowe, and that an independent committee should be appointed to rule on this issue. Clair Harmony, 24139 Afamado, expressed concern fob the MARCH 17, 1992 PAGE 8 Council's dilemma over this issue. Mike Lowe, 1124-D Cleghorn, encouraged Council to mae a decision as quickly as possible. C/Werner asked if Mr. Lowe was in any way employe by Western Waste. Mr. Lowe stated that he was self-employed by Telemarketing Plus. Tom Van Winkle, 21103 Gerndahl, opposed exclusive franchising. Mike; Muller, representing Waste Management, opp sed staff's recommendation and stated that his firm started the first recycling program with the D.B. Improveent Assn. Ray Anderson offered to make a presentation at a meeting regarding rail haul projects. RECESS: M/Kim recessed the meeting at 10:43 p.m. RECONVENE: M/Kim reconvened the meeting at 10:50 p.m. C/Miller moved, MPT/Papen seconded to direct staf negotiate as recommended. Motion failed with following Roll Call vote: AYES: COUNCILMEN - Miller, MPT/Papen NOES: COUNCILMEN - Werner, M/Kim ABSTAIN: COUNCILMEN - Forbing ABSENT: COUNCILMEN - None to the M/Kim moved, C/Werner seconded to negotiate one-year contracts with Western Waste and Community Disposal with direction for staff review of services following the one-year period. Motion failed with the following Roll Call vote: AYES: COUNCILMEN - Werner, M/Kim NOES: COUNCILMEN - Miller, MPT/Papen ABSTAIN: COUNCILMEN - Forbing ABSENT: COUNCILMEN - None C/Werner moved, M/Kim seconded to direct staft negotiate with Western Waste and Community Disposal exclusive and semi -exclusive franchises in the event City desired to contract with both. Staff would re on the negotiations on May 5, 1992. With the follc Roll Call vote, motion failed: to for the ging MARCH 17, 1992 PAGE 9 AYES: COUNCILMEN - Werner, M/Kim NOES: COUNCILMEN - Miller, MPT/Papen ABSTAIN: COUNCILMEN - Forbing ABSENT: COUNCILMEN - None MPT/Papen requested that Council reconsider C/Mill is motion that staff proceed with their recommendation C/Miller moved, MPT/Papen seconded to direct staff to negotiate with Western Waste Industries for establis ing an exclusive franchise for solid waste, disposal and recycling per staff's recommendation. With the following Roll Call vote, motion failed: AYES: COUNCILMEN -- Miller, MPT/Papen NOES: COUNCILMEN - Werner, M/Kim ABSTAIN: COUNCILMEN - Forbing ABSENT: COUNCILMEN - None C/Werner moved, C/Miller seconded to direct staf f to return in two weeks with a better explanation of t eir number 1, 2 and 3 prioritization. With the following Roll Call vote, motion failed: AYES: COUNCILMEN - Werner, Miller NOES:: COUNCILMEN - MPT/Papen, M/Kim ABSTAIN: COUNCILMEN - Forbing ABSENT: COUNCILMEN - None Cf Werner moved to negotiate with Community Disposal based on staff's analysis that they are the least expensive service provider. Motion died for lack of second. MPT/Papen moved to direct staff to meet with Waste Management and Western Waste to discuss negotiating franchise agreements for the provision of solid waste collection, disposal and recycling services. Motion died for lack of second. C/Miller moved, MFT/Papen seconded to direct st negotiate with Western Waste as recommended by sty bring it back for further discussion on May 5th. the following Roll Call vote, motion failed: AYES:' COUNCILMEN - Miller, MPT/Papen NOES: COUNCILMEN - Werner, M/Kim ABSTAIN: COUNCILMEN - Forbing ABSENT: COUNCILMEN - None to and ith C/Miller moved, M/Kim seconded to continue this it to the April 7th meeting and not open discussion to the public. With the following Roll Call vote, motion carried: MARCH 17, 1992 PAGE 10 AYES: COUNCILMEN -- Werner, Miller, MPT/Papen, M/ NOES: COUNCILMEN - None ABSTAIN: COUNCILMEN - Forbing ABSENT: COUNCILMEN - None 9. ANNOUNCEMENTS: CM/Van Nort announced that a disa ter fund had been created for those businesses destroyed by Eire on Brea Canyon at Pathfinder on March 10, 1992. Donations can be made to The Diamond Bar Disaster Fund c/o Bank of America, 200 S. Lemon St., Walnut. He also announced that the meeting would be adjourned to March 24, 1992 for a study session. 10. ADJOURNMENT: With no further business to cond ct, M/Kim adjourned the meeting to March 24, 1992 for a Study Session at 6:00 p.m. in Room CC -8 at the AQMD, 21865 E. Copley Dr. ATTEST: Mayor LYNDA BURGESS, City Clerk _3 I N T E R O F F I C E M E M O R A N D U M To: Mayor Pro Tem Papen and Councilmember Forbing FROM: Linda G. MagnusonSenior Accountant SUBJECT: Voucher Register, April 7, 1992 DATE: April 2, 1992 Attached is the Voucher Register dated April 7, 1992. As requested, the Finance Department is submitting the VOILchex register for the Finance committee's review and approval pri r to it's entry on the Consent Calender. The checks will be produced after any recommendations and the inal approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated April 7, 1992 have been audited approved and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION �T��Ci]il►i��f 001 General Fund $513,679.28 112 Prop A Fund 4,058.24 115 Int. Waste Mgt. Fund 132.50 117 OTS Fund 19,084.46 138 LLAD #38 Fund 6,939.02 139 LLAD #39 Fund 7,328.22 141 LLAD #41 Fund 12,837.09 225 Grand Av. Const. Fd 4,900.00 250 CIP Fund 16,490.60 TOTAL ALL FUNDS APPROVED BY: Linda G. Ma4nson Senior Accountant f Robert L. Van Nort City Manager $585,449.41 Phyll,is E. Papen Mayor Pro Tem Jo A. Forbing Councilmember 41 2�LC * 1 5 2N a 7 A + l:38 -3 1 7 A. AMSTican Red Enss Agsrzed'7�-s i - 2 -S . u A m e ni t 1 2 ti a 1.1 i7s, pa��C'n f 2 2 Bete. 30�,,- 47-- fv 0 1 - 4 51 5 3 - 4 1. 0 A 2 204M Bufuess. 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F14�:i vY �:7 A4191 &i` % NJ 011 44101' V44111 ?r41a'@•7 �141�t @4107 4iE NIq-7 Meet in j; Sufi Ye 43- 1 e SuPP11ies ?8kings Supa ies Meet incs Meet ir"as I tCCP:leE M e e t i n. u S.R 7.i4 .It, is 1154 2 34 It.Q& a�.22 t Me lL.N 41.A5 i4i 4, 7 I❑ IGLU ,. ;�4i°I "4/03 ;444 Tn - _ 'r r i1_ro. a rojeCil 14,942.77 -6?.4b iJI 1206AK fuJ uid7-v E_ +d is iivlti.n"r. i t aVE3 OTA SCE VENDG'R--------- 04/01 ------- 04/01 su, L DUE VzNDOP- -------- 77 04iAl Cnr PS -Milt J.! 3a CV �qc =1afijJ 1 l NIK, I4 0; E^vr Permit Refund 120. H X4/01 �114ja7 4!0'1 H4t$.1 41 1 @U j! 7 'N @410.? F14�:i vY �:7 A4191 &i` % NJ 011 44101' V44111 ?r41a'@•7 �141�t @4107 4iE NIq-7 Meet in j; Sufi Ye 43- 1 e SuPP11ies ?8kings Supa ies Meet incs Meet ir"as I tCCP:leE M e e t i n. u S.R 7.i4 .It, is 1154 2 34 It.Q& a�.22 t Me lL.N 41.A5 i4i 4, 7 I❑ / �Nl��E/�3,35��'%Z/92 �OUCHER RESlITE� �4�� '� �� ��U.............tw/@7/�� YE*�N NAM + + uCCD�� PROJ.rx�� BAT[� 'O.LIy[/�0. ��RY/�� IXvOICE �S�IPTlQ1 ��0T - Dwi�ht Frpnc� � Assc,. [��t�Pren 36.@4 �1492 2 2��� *�/1B7 ���1 ��H)7 1�Q7 11 ��Y92 4 Q#07D &'1fw S�mliss- ity Cnt;.pce Eo�o� Inc. E��mao 12.IS -M0 Scv� 62.14 5 204 0 56/L2]3 �4/01 0^/�7 -NA-44639 .1�1-4��V-i1�� 2 _,�07B S7/1213 04/0\ 84/�7 0869,710 *Ni -40N-231 2*407B -L,/1213 N/07 04/07 88654/1Y *001-4510-�100 2 2��7� ��/1213 *4/*1 04/e7 21e132� 1-4V98-11 2 2 #78 48/1213 V4/01 ��/�7 M8671&�� ***1-4��-1100 3 2V��7B 49/�i13 04/01 Z 4/07 086884/S N/ */ 210 189, Fuel -Irk & 04/A1 A4/07 086924 -A3 *V01-40L0'11A0 1 2�4*/B 52/12!3 04/01 04/0/ 08727299 ;5 01-40S �1+ WK 1/1Z13 84/0I 04/07 08D7310 '0A1^431 A,-2 4 N.4*/8 S0/l213 $4/01 04/#/ ��727321 �ain� *8*1-4310-2311) 8 NWA7A 04/a1 04/07 210,4416 R1mn Cm7stro t}on Co. EdpnCbns", I -n -W'S12 b J.rain� �s��ieo-Gen Go� 21+ �pp�bs�b� 36.@4 M11-42 EV231$ � 3��7A Suppbas-�e Emt 14�9C] Soc�Ues-S� @n, 61.1/ S�mliss- ity Cnt;.pce SmmLies-F�o�e Foel-Prk � 12.IS -M0 Scv� 62.14 Supv1ies-Puh Wks 9.�� E�r Inq�ction Rafond Exmm M11-42 EV231$ � 3��7A 84/01 04/07 14�9C] *801-431V'2310 6 2��7A 04/*4 04/07 \4�*12 Foel-Prk � Maint -M0 3 204417A 01 0+/07 14c,432 Fuel-Cmgr *wo�-431�-231� 4 2040 7A 04/11 04/07 14�4�@3 Fuel-Prk � Maiot *Ni -40N-231 2 2fV40PIA 04/01 N/07 210|282 Fuel-ACw�r '��1-�310-2310 3 204A74 *4/*1 04/e7 21e132� Foe�-yrk 1 Maiot e)01-4310-2310 1 2�4*7A @4/01 04/47 2101735- Fuel -Ilk & Maiot *�01-4310-231 2 20407A 04/01 N/ */ 210 189, Fuel -Irk & Maint 20407A We -1 t�/L7 21���� Fuel-Prk & Maint 4 2001A WK 04/07 2|03 216 Fuel-Cmgr '0A1^431 A,-2 7 2040/A $4/01 04/0/ 21@4476 Fool-Prk & �ain� *8*1-4310-2311) 8 NWA7A 04/a1 04/07 210,4416 Fuol-pr k 5 Maint +01-4310-2310 9 2�407A 04/01 7 350339-3 Fuol-Pri 1. Ilia iot *801-4&9V_2910 1 2*074 t4/01 ZN/0/ 4203216 Puo\-Seo Gn,t + P -1-40N - 2 310 1 204074, �4/01 04/07 4941: 11 Fuel-CMpr TOTAL DUE VENDOR Flooe baum. Bruce, Flae"baum Q01-421@-4100 3 2*4 7C 04/01 04/07 Plng %am mtgs-March (3> TDTAL �� YE�UD ----> L`S23.62 D.33 17.0� 14M \4.05 33. to 32M l3.74 3L00 8104 1/.32 1931 16.10 1�Iko.eo 180.0) ` RGSIS��� ACCU�N __PRO3J��� ___ __—__--____'---_-_--_—_—___--_-_--_-_ Ia� �I�� DESC»���TJn DArE C�CK -__---------------- _--_—_—'F_:Ee 7_:E8+Call Ee,����l l9Z9 R-----> Fromex Frsmpx 99� - 1 D4878 a1 04/07 519Y82 Fi�m Oe~eluy�ng S�1 �i L 0�L ._BD� 37E :,li"ornio STE 04/�/ �rit�e P��eSs-Ma�h S:£.20 TOAL UUE N00 ----------- --->GI 2,7Cali�nxnxa �� OO1­r313'2126 2 04078 04M� 04/�7 He�ita�e Ph"ne Svc�brch S�.17 TOTAL VEN 8R ------> B,17 GTEL 8TEL + 1-407% z�-212 t14/01 04/0 l Equip Rental 8V6.83 TUTAL 0� ��� ----> 8h.� Gordn»r Comwunicat�on� GE r-dner�� ��1-4�S-�60 1 2���78 A4/0t 04/07 965 Puh co -E on Chlpmt TOTAL IMUE V[NDC ------> �m�olves & Son. Jl�a A. �m�alves 1 204#7B W4/01 04/0/ Apri�-Yro�as�iona� � 2'm.�� TOTA �'C V[NBD --'----> srnthe. ��k Gro hoJ 4 20407C h4/A7 Ping C�� M�gs-March (3) ��.00 M71 TAL DUE VENDUR —'---} Heller i Associates He�ler 04/K 04/A7 Dental press -April 7^8 89 *001-21LV-1006 � ��07C 04/0l �4/A/ Visim, Prems-April 3219 0TAL DUE VENDOR----} v2 iDU k NA� —__---- —--- ___.— ---- -____--- ___--- —---- —----- ---- _--_----- --- ----- —------ _---_--_'__._-_____ ��r. �ich�l]e l91 m)01��78 14 2�4f� o^/01 ��/�7 20+ �sretian Se�und 23.63 TOTAL �,- 23.63 H4ghlander Publ Inns Hiiandor v?i01-23�'1A�0 1 2*4�78 84/01 �4/�/ 712� pub Hrg-3M 31977 3/.0� TUTN' UL� YENDO -----> 37.0� �umter, Kidhard HuoterRich +4, 100 2 2A4�7C 04�� ��/07 b�� Naw P.1-AC�r 16.91 *f�1-4210-11A0 3 21 7C *4/01 �4/07 Nae Platps Plny Comm 101.49 0TALD��NNIQ----> ICHA Retir*�mt Tryst-4�7 I�� 1 2X1!07E 04/ 04/07 Coit PP4-PP6 571 0? 04/07/92 V4A, 13270 *0�1-4�3�80�0 2 20407E ��/�1 0�/W7 RiVN- cntract/April 4� a.00 ��4/$7/92 807� `m)1 03*- 09h i 24 40/E $4/81 04/07 Ap�il Cafe Cont 1`163.78 h/t'7/92 0@ 8270 2040E t4/0\ 04/@7 April Ca}o C nmt ��3.44 "L/07/92 A0V001q-Q70 ��1-40�A'*�� 1 2$4�7E �4/01 04/�7 April Cafe cc. t 2V1.41 04/07/92 M,3,'1327* `0*1-421A'��0 1 2 04/01 04/@7 AmrU Cafe P. zt 517.24 �4/07/92 08��13270 Q0 1-42 10-14169* 1 2 1407E 44 A /07 �oil Cafe cont 73M1 *4/$7/92 00*0132/i� *�0l-45 1.* -0090 1 2040/E 4 Apxil Cafe Cont 1.287.48 04/07/92 00$*0132/0 TOTAL PREPAID A;0VNT TGTA; Ux[ VENDUR -----} 8.A* ln�and Constmc�nrs Inland +22S'��25'���2 06092 2 204072 0\/1292 04/01 A4/$7 Grd Qrvwy Modificab 4,980.0@ 70TAL 0E UENDEiR ----} [nland Valley Dly Bulletn 0D8 M1 -23 -H -10i0 2 20400 04/01 04/@7 dc1182 PC Htg-TTM 8197J 60.75 3 2040/8 04/01 04/07 dc2442 Pub HT; -ADR 92-4 54M��1-45�A-2�15 1 2040i8 04;01 04/G, di -2492 Notice-Sluzry Spa} 92 31.54 *4/01 !�4/07 dc8791 Pub Hrg-Hazard Waste 36,0 TOTAL DUE VEND0K ------> 182.26 3oe Michapls MichaelxJ +01-344S 1 2M/1L 04/01 04/0/ Refund :.,UP 91-3 L7m,0f TOTAL DUE YGM8&R ------> y�Eet'4i .��.. �.��• .. :fiir: �: .._�._ -v: .. 'niip EiMi. e I tr CC- Y:'c T'.cra LAM?` er. i i *�i1-44.-5�i'i L.A.Coulnta Public Wvrks LALPL, hWk *1 2-455,-5519 . 2iIj40/l @4i@2 94107 5163 LIQ+. '0,unty Agriculture ::G'o _Au A.g ii f139 -453? -_:.ii 1 2='4 7r 4.' L @44:@7 110Rtl i -138 -4 -;3A -5:'i° _ 1 4 75 4,�e1 04.10 13M -fl LGL tY Agriculture !LGQ �ALAgr iG cif, �t !141-4S41—H-'? = .; 4: 1 X141-4441-5519 �.t;I.;07 La��`�f_Rfre Y'G��t '_aii�=caLe� X141-4241-552 1 1@4078 24t 1 41 7 H6858 1 204174181 . 7 , 6 ?4/01 496849 Tee. Elsa 3i ,;, W AL utii YiEsUnq--------j f 13.E Weed Abatewr,t-aycamure 699.1 MI -3478, Ai 7195 4,291.1 f3�+' DUE =FADE':, __------5 !.. L 14 lcivi4i,! L:iEhtun and Asszciates Lei h.tc;? M:8 TOTAL -! •10 .1 t l -*5 1-5Li3 5 24401ij 04:01 9*11b1 74289 Er; , Epos-veoTech Rev 2544@ D 9411,01 �4 7 429' 7A Ener 5vc_- a3T? Rev 5 0. ra r:G'f£ f� 8ttf @1 1 ���C 14293 001-4551-5223 q t"ALXT-A 1 4107 7424$ 27� a4r3 W0r r it TOTAL -------- 766. TOTAL DTC VIERYtiR-------- 2'77.2j.7. -w:TAL DUE VENDOR --------; . 7 , 6 ar Pcst C-ntTo,-DLs5 39 99.i 3 3i ,;, W AL utii YiEsUnq--------j f 13.E Weed Abatewr,t-aycamure 699.1 Dist 441 Veee Abatement Di.t 41 deed Abatment 4,291.1 f3�+' DUE =FADE':, __------5 !.. L 14 lcivi4i,! "rb Mant Dist W reR .�iec val-SranA dive M:8 TOTAL -! •10 .1 Recreation Petund 23.6 TOTAL AL DUE VEINE1<P-------- 23.6 Enar Svcs-Geotech Per Er; , Epos-veoTech Rev 9r 5 c3-�eoTech i2v 15. *nor Svcs -Ser -Tech Rev 52 P,,' Ener 5vc_- a3T? Rev 52L MTAL DQE tiftiyuA----- �ROJTX�0I�VDlCE _—_—_______________--_--_—_-___—___-_-__—____—______—____—___--__—_' DBC�lnT�� U� I Le4iis Is. +�1-+09 ��1� 3 �48�� ��/�2 0�/�7 0�02�� Tiles Engraving-kio 19+.8S *��-�9S-2z1� 1 20��G ��/wl *4/07 01%5� E"pra"ing Svc, -11 Tiles 1�0.�� A/��Tile ���aving-�nHor �7.32 4L .Q aei 7C 04 Plng (3) l8TAL �� VENDER -----> Mac Grioe, Daxtor HacRrideD $'41�� � D;4�7C 04/N V4/07 Pbg �um Htgv'��ch (1> 60.00 T074' DUE VENI",GR------ 60.� ma,gu^ ��ri�tin� 19� 13 Z0407 /01 04/07 232 Hezoation Re�und 20.26 �-3 71 A L Db E V ENI D D R ------- 20.� ��zioo,a Hortim�tura� Har��so 2 ���/C 04/�1 04/�7 3141 Sai� Rosma�-Sycama e 06.A* *00�+31120& 04/07 3142 Geoe a� park Supplis ��1-��19-�L0 1 204�7C A4/81 04/ 7 3143 Suppl�es-Peteram 2&0.3* *�*�-4331-2210 1 20407C 04/t1 04/0/ 3144 Suopbes��c�o e Prk B./& *t P. 1-K]11- 2210 i 204 �� 8�/�l 8�/0/ 3l�� Gupp[ips'9aul Grow 246.89 TOTA Di:E VENDER ------ Maripnsa F�rticultoral �ari�rsa 0 Feb Maint-Paul Grow Prk 995.41 *�H1-4313-53 1 2?41171' 84/01 -',114 i7 31 Prk 663.0 f 1 D487C 04/A7 310--; Fab Mainl-Maale Hill P6 829.00 ��1�319-S�0 1 2��� 04/01 �4/07 3l� F� Haint����m �k 1,244.N ��1-432 'SN0 1 204@7C 0*/0\ 04/0/ 313Y Feb Maint-Regan P6 91,15.�� *�t1-43O0 P/K 914/@7 3 9 Feb Main�'Starsbine Prk 41S.*0 *0�1-4328-53�� 1 20407[ 04/�� 0W�7 3 139 Feh Main�-SummitrdUe Prk 1.492.0@ *��1-4331-5300 3 2t407C 3139 Feb Maint'Sycawore Cyn 9k 1,S28.�* TOTAL DUE YEND0R ---'--> 6,161m M*ripoaa �ort�cultural Mar�pcs ^001-431.1-2210 2 20t$/c 1 04/07 Fertilize -Paul Grsw Pzk 2951.0* *@01-+373-2210 1 20407C t4/01 G:4 917 Fertilize—Heritage Prk 178.O + 3 16-221 R�, I 2W7C 04/01 04/07 Hill Prk lY0.0� *�01'4319-2210 2 2040/C 4/01 04/8/ Ferti\�z*-Ppterson ?rk ��0.0� +P'1-4322-2210 1 2V407C 04/0i 04/07 Fertilizp-Hegan Park 330.00 *0*1-4325-22la 1 204�7C g4/g7 Fprtilizo-Starshioe prk 18S." + �h1-432A-2 210 i 20407C 04/*1 04/«/ Fert�lize-S msitridge 395.90 * �uKD�E��3�3l�+/0Z/92 �JyC8E� REGlSTE� p�� q vEN�q IO �QJ.TX- ___—_—______-__---____—___—_________-_—_____—'_---__- NO" DA �C p 0. T . EN T v DL� NY�� --------------------- A 7- �COMTIQ�E } 2 2�0/C �w/01 ��/�7 ��tilize-Sv C aT. 3 e Cyn ea,qois �otel and Villa �a,ouis�ct ��1-40!0-I�V 2 2��7E �4/�1 w4�07 CCC�Cn f-2 rner 2 0V���132/6 70AL PREPAID AMM T --} T�ALRL'EV�0Oq -----> Mayors C��i�tee for �uyurCnomi *�01-4SB'f6A6 1 2�40/8 Sales Tax/6ra��iti Siyn� 0TAL DGE oEINDOR ----> ��er/ Qavid Mye/D 5 2 &4/A1 04/07 Plog Cowm M±gs-M rch (2) l2; -Z.00 TUlAL D; -!E VENDOR ----> 12V.04 Microage HicruaP 2 2&-87C Finance Cowputer SuO.Ples 21.S9 TQ7AL DUE YE%UUR -----> 21'8 Mt Son Antonio MTp ��1-4�3�-2 2S 1 204 7A 0*/*1 04/W7 Hall 04 Fame 8anqoei-CM gr 2S.*0 �TFAiL DUE VEXIIR ----> 25'0 8ys,�, E}izab�� mye sE '��1-40104A# 2 2407C 04/�1 Aft-17��b�S CC Sindy Se -3/10 72 03 �001-421t-�� �� l 2&A 7r 04/81 *4/$/ 92db4S Plrg Comm VtO 3/Y ` 27001 4�1�4�� 1 21104017C,&�01 04/07 99,dh05 Prk � Rec MCC.3112,162^00 B3-40*0 1 20407% 04/0� �4/*7 92db05 Tr� P. Trans Mtg 3/12 216`0 TOTAL DU[ VENDOR -----> 72*.40 nG/ Scphia 2n *001-3+78 9 2�407R 04/0l *4/97 2419 Rprleatioo Refund 1Y.*8 TUT AL DUE YEINDOR -----> l9,� NS0. Anh 189 WI -314/8 16 2040IF 04/01 04/07 2398 Recraatino R [u� d e 01.8A TDTAL QDE 'VE IN8OR ----> 4e'vi_ fR -Niv . - r al jj _R�'•�-•}.�__ s i#'i�jF ,z ;�1 �=!?ail ��t_-1 1i4-;,01„3 _ -04:27 fps 1~-v 2040(L. 4i1.'.� Pal Tei-ElIula Pa: Tvi y,.. 1 v4: F;Icesettsr Building Svcs Pacese fer rRe'u d iy, F: fx0_-4220-5201 REcreation RC1.1-Ung, @4 � 7 &:hal 47C47 TJTA PPF EFA j UIN -----I ranerP ALA. U- vEyD 0 b --------, Au�i� - "J.iev rRe'u d iy, F: REcreation RC1.1-Ung, S`erii: 3 O I1 2 xr=sxr 2:31 TJTA PPF EFA j UIN -----I -- ALA. U- vEyD 0 b --------, Au�i� - "J.iev 51�9i,3' Farcil "Ce I luia7 Svc s-MarCh i.6L, T i= ;; if= AL= 2.L ,i �I L:Y 4j.i �i ________t ! 44 'a�ji•cJ -rTAL 1[i.3L VENDON T yi Tan %hk Strl5- ar_'1 i, Bldg errs -March 1,69 P rrr-AL DUE VENDOR --------, 15,727m Myr Y?: 112 -a x3'12-3722 MA d41!@t'J^'�` OUT AL PREPAID MOUNT M A'Vt009--------` d Pa�u�l Tra"y�er Pay nll Tr�m�e, Pom ra Yv�ley Hu�me �o. P�� �wz�431-6vK] 1 '2 f,400 Poinna Vly aV\y N. Price' D»i�� �0 +24 *001-2110'1�8 2 204h C Fxhlic �al Rptire�ot ��S -v 1N8 *mm�-2110-10u8 4 20407E Pub licEqml 9ebrexot PBG R 2 D Bluepr-int 2 2007C 7J** '----l--_'_____ ��/01 O4/�7 nm�oll Tzan�er��6 42.0�.�� PR8�ID A�UVN Poyroll Traos�er-PR 7/92 TO��yREHQQA�0%T---> �----> 0.00 04/01 04/A7 910#�26����� Ap,il AnixaL Dmtrol Svcs 78TAL �� �E&DO ------} Holiday S:utde W�.06, D8E C -----> A4/01 04/07 2^10 Recreation Ha�und 30.�� 70AL D UE VEN&O ----> 33. La �4/�1 ��/�7 Retireme t -Em loye 3'��.�3 04/01 04/�7 �et�re�m�-Em loyee 2.753.82 TQA& Nl� VENIDO '----- i688.35 #41@1 w°/01 04/07 Ret Cont-PP6 3,234.60 A4/ 7/92 �0�00l3%71 04/0� 04/*7 Ret Cont'PP6 2,841.7404/ 7/92 M%813271 0TAL PREPAI8 0MOUNT --> 6,076.34 TDTAL DhE ����R -----} 0,00 t-4/01 A*/07 Retirement Contribution 16.499.$9 TOTAL IIDE oEENDIOR 04/01 �4/07 48202 #ecial Uylar S.&0 TOTAL DU[ �EN0OH ----> SM � 2 13 ar* Driver i.5 L:u. .,-n.iriye 57i-5223 i 2 4''7D Rima5. "a"CY i 7 .3a 'Valley ASR 3f Cities SNAsnCity f.a:lJ-44ui�-2225 1 �V:gfr v 1� 'atla i�C1 a e C tF° 3 'NWD; San Eatr iel V1y Tribune L"Wr bun e 001 -233H -I 1GR S 2049,70 011-4a4O-2115 i 20407E +M-21NO-010 4 2�M7C -INI-4N-t-2115 ----------------------- 749.52 474. 4 "S' `F. iv v1a J 31. N a77.��((yy ,,av04107192 tomit-- 21. 7.5 1`JafOj) el.Ku 32.31 32,34 60.14 34.71 15?,52 .Q,4 - tii his i 7 _ 3: max$ ^:2ceiqL `arrna _F:4rr rtj y1 i1i �? vl:amc gleet. _ins isflCe =v7AL DU,E 3 i l �,4l�7 42676- Cs l'iei.Y tce5 'JTAL DOE VENZOR ____----- OrW qi 1@ 41W 22-2 K�cneat 4 on Ri3:i s3d TOTALD1i. "ILIM! i4 IT T's 4L PREPAID ANOINT - - - - -?TAL DUE VENID`r.-------} TFAL DUE VENDOR 02-'± 4i1�+;7 a,�t-?3nti�e-siurry weal 92 4411-1 41, Fub F75 -TTM 31"477 N111 107 savt>>34 FJ_ T#L DUE `MOOR --------{ ----------------------- 749.52 474. 4 "S' `F. iv v1a J 31. N a77.��((yy ,,av04107192 tomit-- 21. 7.5 1`JafOj) el.Ku 32.31 32,34 60.14 34.71 15?,52 r1 tv 2� NT D47E __________ --------------------- ��C% ��1��78 �� 2�47� 0w01 ��07 2+B Raz��ion Re�und 46.� ` TOA, DIUE V-PUDUR ----> 46.� �s�o, Waoen C. S�eck*W 04N 1 �g 'Z—s 1,S7S.f TUT L MIC YEN0 R -------> Sir Speedy SizSneedy ��1-409*'2110 2 7& &4/�1 V4/07 Starionary Sunplie� 24� S *00I'�018'�11W 1 28�07C ��/$1 04/A7 BB2 Business Car��'^ty35^2 *A01-4212i1�04/01 04/6417 8 S2 Bu --- iness Cards -Flog 36'a **�1-010-211� �4 1 �h7C A4/01 �4/07 0552 Bosines Caxd�P S R S�'8 /0/ 8B2 Business Cards -T I T Cumm B'^% *11�S-21 04/0� �/� �/ U� Priotio§'Solid Wa,ie 22.13� 0TAL0UE VEN1-IOK-------- > 537.� ,nartlS` Colette 20/ *0e1-3+76 1 204h78 **/A1 A4/07 3�22 �creat�on Rebnd 24A' TOTAL NE vGN88R ----> Sout�ero Ca. Edimn SoCaEdisun +�01-4�G6'2126 1 2040/D A4/0� �4/07 Tri[c Cnotrui-Morch 51��S.8! TTAL DU VENDOR -------- ---Ca. Ea.Edimn SoCaEdiSon *001-4316-2126 � 20487D �4/A� 04/07 Maple Hdl Electric -March 274.54 *001-4328-2|26 1 20407D �04/�1 04/�7 SummitRiU�e 8ectrc��,ch 223'8S TOTAL DUE �.NDOR ----> �98,3� Soutte�n Ca. Edison SoC�Ed�snn +�39-4�3Y'2126 1 20407D 04/01 0407 Electric Dist 39 -March 13Y.72 TOTAL 0E YENDD -------> i39,72 �mt�ern Ca' Edissm SoCaEdison *138-4S��-2126 1 Q 0+/01 04/e7 Dist 38 Electric -March 2751.44 T0�� D�[ V[@DDH ------> 2/5,44 r 1 NT D47E __________ --------------------- ��C% A.C��r ------------ -------------------- ---- __f0 f 0 �.�7 Di�t +1 E���ric-�rch G22 �0AL J ExDCR In 2L10 -154Z 9,,7 4/0� �sp Life I�urance-�,il 8l.�� T0Air�] :p �ta"dar� Insurarce o� O,e S��pdaruIn �-t0� 2 20+�7C 04 /0/ Lie InPem��i 3 6 2.So TA' �� ��� ----} 7o���s. �m�ra 20i 48 7 �w87R ��01 04/07 2�79 Re'ER sLLu -2 4.�� iDTA V.S. �ostmaster L�Postas�r ^001 -409* -2l20 1 ��4�7E 0�/#1 04/07 3ul� Rate Pe,mit 7�.00 04/�//�2 8��8013274 TU HL PpBA[8 AhObN7 TO' 7AL DUE V8hi-J0 ----> 0.0� US Sormt �SSpr�ot *�01-480'2L2S 1 2���8 0*/@� 04/V? Engr��ng L Prme Svc 17.44 7D� 1:���E�Q ------> D.44 United Beprogmphjcs. Inc Uni�eR*pr '001'4S10-110� 4 204�7D 01/1313 04/01 04/A7 �0Y6 6 My�ar Paper 7�,0 75.76 Gnocal dr, oca� +01 -4@2A -2B1 5 20400 04/0 1 04/0/ 2-34M6 13.24 *«-4S10 *1*3*-2 6 204070 04/01 04/�7 %B33S Fvp�-ACMgr 1M0 ,�01-4030-231� 8 2��7D 04/0,1 *4/0/ 434949 13.0 *��1-4�30-231A 9 204 78 049/3 Fool-ACMUz 6.34 403V-2310 7 7H4 0+/01 A4/V7 600724 Fuel-ACMgr 13.6d e001'�31A-2310 ��40/D 04/01 O4/�7 639uYA Fuel -P � M 18.�A TOTAL DUE YENDOR ----> 8A.�7 6 e4/07 Trfc Cem Xtg 3/L2 4a.0 Yan Nort. Ro�ert L. «a^«oz�Rut T�� L;wt R ------ 3 Q~2 33� 2 204*7D Re, ob-Tmvel S81718 Y2vU0 '----> 108.V ��lrut Y�y Water Disi KV�aterDis *141-4S-41-2\26Vater�bstw41 12/26'2/27 3,21i-5.� TOT L DUE kEN0D ----} 0olnut Yly Water Di�t WVyaterDis t.1-4��-2126 1 ���7D ��/�� ��/07 Water U,,gp-Re gan Fri. 246.3' *0 4/01 ��/�7 Water 2sa e-8tarshine Prk 226./� TO ALU�VENDOR ----} 73 ii ��lnut ��y �oe, DisL il a4'?rBit *138-4-8-��� 2 �0�D) 84M1 1 @ 4 i07 0a�er Usage-84st 38 TOTAL IDUE YEINDOR -----> 3,l|5.89 Walnot *ly W�er Di�t WVWa�erDi� +139-4B9'2126 2 204 ZI 7D Water Usage -Dist 39 TOTA D0E YE�0O ----> 1`HA4,'+S �alnut Vly Water Dio WYaterDio 11-2126 \ 284070 �4/*1 @4/�7 0atpr Usago-Daul Gznw 31 ?.8S *�*1-4316-2126 2 20407D -44/$1 t4/07 Watpr Ksago-*aple Gil� 434.2� �$01-�31Y-2126 1 0 0411 04/0 Water Qoagp-Petprsoo Prk 595.0 *001-4328-2126 2 2V4V7D WK1 04/07 Hater Uauga-Sueaitr�0Be 665'63 *�0�-4331-2126 1 244078 04/01 Water Ooage-Sycamore Cyn 39261 10T AL DUE VENDOR -----> 2, 1 mest Co. WsotPub *fM-4M'2320 i 204*7D 04/�1 �4/07 CA CD Fahlicotions 6�.@4 TOTAL DLLC VENDOR -----> 65.�4 Wiilard Marking Willard +»01-4�3A-1l�0 2 2*4070 01/17i-gY 04/C 04/07 33984S Ideal Stomppr 19 29 *�01'4B3-11�8 2 �M7D 0 �4/0/ 3414*6 Commisoc Name Plates 214S 0TAL DUE VEMR ----> 48.7+ A. qj� L 7 4; 3 2 fy 7 P REF A D A TO L fli T VDO 7DUE. -A, 2----9 t vt TSt PREPA,I D -- - - - - - - - - - - 1 R 2. ni 1p --------------- �Ut I Ilk L Pe T - - - - - - -----I - - - - -- I N -------- — `-- —'----` �6 . ��,6}t.77 138'�a.q-1.02 ix��uuD �R Fu"d 7.328.22 1DDJS Fo�d |9'ILI.4u 112Pr0,o A-Trasit Fu lI AID 141�� 11 -Int Wo�e H�t Fu 1g2.�� TOTAL ------------------------ -------- ------------ ---_--- Df 9 -------- — `-- —'----` �6 . ��,6}t.77 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and City Council MEETING DATE: April 7, 1992 REPORT DATE: March 20, 1992 FROM: Linda G. Magnuson, Senior Accountant TITLE: Treasurer's Report - February 29, 1992 SUMMARY: Submitted for Council's review and approval is the Treasurer's Sttement for the month of February 1992. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Spec. (on file in City Clerk's Office) Other 1. Has the resolution, ordinance or agreement been reviewed Yes No by the City Attorney? _ 2. Does the report require a majority or 4/5 vote?. 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No which Commission? _ 5. Are other departments affected by the report? Yes -f No Report discussed with the following affected departments: _ REVIEWED BY: Robert L. Van Nort errence L. Belanger Linda G. City Manager Assistant City Manage Senior Acc F:\WP51\AGENDA\G0VER.FRM CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 7, 1992 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement - February 29, 1992 ISSUE STATEMENT: Per City policy, the Finance department presents the monthly Trasurer's Statement for the City Council's review and approval. RECOMMENDATION: Approve the February, 1992 Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for Council's review and approval is the Treasurer's Statement for the month of February 1992. This statement shows the cash balances for the various funds, with a breakdown of bank account balances and investment account balances. PREPARED BY: Linda G. Magnuson F:\WP51\WORK\AGENDA\AGE-RPT.FRM CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT February 29, 1992 GENERAL FUND TRAFFIC SAFETY FUND GAS TAX FUND TRANSIT TX (PROP A) FD LOCAL TRANSPORTATION FD FEDERAL AID URBAN FUND INTEGRATED WASTE MGT FD OTS FUND AIR QUALITY IMPRVMNT FD STATE PARK GRANT FUND PARK FEES FUND LANDSCAPE DIST #38 FD LANDSCAPE DIST #39 FD LANDSCAPE DIST #41 FD GRAND AV CONST FUND TRAFFIC MITIGATION FEE FD CAP IMPROVEMENT PRJ FD SB 821 FUND SELF INSURANCE FUND TOTALS SUMMARY OF CASH: DEMAND DEPOSITS: $5,412,494.14 $688,728.56 42,394.43 3,424.14 2,216,483.60 697,716.98 82,099.00 9,460.28 6,737.60 (57,584.34) 4,192.64 15,346.00 65,000.45 2,548.20 192,802.05 91,445.94 2,738.20 507,478.39 342,407.37 53,400.80 19,759.85 247,898.70 $675,483.13 1,246.96 1,428.11 4,232.86 11,177.31 11,807.39 9,186.64 3,390.96 751.00 $9,860,697.28 $786,275.70 $718,704.36 GENERALACCOUNT PAYROLL ACCOUNT PETTY CASH ACCOUNT TOTAL DEMAND DEPOSITS $67,463.83 290.85 500.00 INVESTMENTS: TIME CERTIFICATES $0.00 COMMERCIAL PAPER 0.00 L.A.I. F. 9,860,013.94 TOTAL INVESTMENTS TOTAL CASH $0.00 $68,254.68 9,860,013.94 25,739.57 45,818.57 !15,236.64 '78,387.87 0.00 0.00 11,965.02 57,584.34) 4,192.64 0.00 15,346.00 56,371.34 80,994.66 84,997.50 04,087.43 42,407.37 52,649.80 19,759.85 47,898.70 28,268.62 CALL TO ORDER: ROLL CALL: OLD BUSINESS: CITY OF DIAMOND BAR MINUTES OF THE PARRS AND RECREATION COMMISSION STUDY SESSION FEBRUARY 13, 1992 Chairman Whelan called the meeting to order at 6:25 p.m. at the AQMD, Room CC5, 21865 E. Copley Drive, Diamond Bar, California. Commissioners: Plunk, Meyer, Stitt, Vice Chairman Ruzicka, and Chairman Whelan. Also present were Community Development Director James DeStefano, Administrative Assistant Kellee Fritzal and Recreational Supervisor Bob Rose. General Plan Chair/Whelan explained to the Commission that discussion on the draft General Plan should focus on general issues. Tssues pertaining to a site specific should be addressed as part of the "White Paper". A. Introduction: C/Meyer stated that he would prefer that there be a statement, in terms of the Intent, indicating that the General Plan seeks to obtain some sort of balance between urban open space and recreational needs, and the preservation of identified scenic resources. CD/DeStefano noted the similarity, in Lan caster's General Plan, with C/Meyer's suggesti n. He indicated that, if the Commission desires he will deal with the general intent of the Co mission, referencing Landcaster's General Plan, ani come up with some language for the Commission's approval at the next meeting. The Commission concurr d. C/Plunk, referencing the Redland report and their emphasis on City identity, stated that there should be verbage in the General Plan indicating that Diamond Bar is aggressively pursuing it's natural and scenic areas, and it's greenbelt, to enhance the City's identity. CD/DeStefano suggested that the Commission first identify that there is this resource in the community, and then later, in the document, create a goal or policy that seeks to preserve that image and/or enhance it. Chair/Whelan, concurring with C/ Plunk, uggested that such a statement be placed in th Intent portion of the Introduction, and hen be specifically identified elsewhere in the iocument, February 13, 1992 Page 2 Following discussion, C/Meyer suggested that the Intent section be expanded to include statements that addresses the preservation of identified scenic resources, creating and retaining open space, identify limits in natural resources, and add open space and recreational opportunities to enhance or perpetuate the City's image. The Commission concurred. B. Existing Conditions - Open Space and Visual Resources• C/Meyer suggested that the first paragraph be rewritten with more data describing some of the open space and visual resources of the City of Diamond Bar. The paragraph is subjective, and existing conditions should be more objective in terms of the writing. The subjectivity should get back in here in terms of issues and goals. CD/DeStefano stated that, if desired, the consultants will rewrite the paragraph. The Commission concurred. CD/DeStefano stated that the numbers, indicated on page 2-3, Section 1.1.1, paragraph two, Parks and Recreation, are correct in terms of mathematics. However, it is not a true reflection of where we are today, and needs to be changed to distinguish between available, or public property, and quasi - public property. There is a total resource of 471 acres, but, the actual total public resources are much less. The Country's 150 acres, the Golf Course, Paul Grow Park, and the Little League are not publicly accessible properties. These specifics reduce the ratio from the indicated 8.8 acres per 1, 000 people, to 3 or 4 acres to every 1,000 people. Purely public properties; and quasi - public properties, should be segregated. We need to work the paragraph to better justify why we are ultimately asking for more acres per thousand for all new projects. C/Plunk noted that the Redlands determine their ratio based on the manhour usage of the facility. Their standard is 5 acres per 1,000, instead of the 2.5 acres per 1,000 that we're asking for. CD/DeStefano explained that we don't have the implementation plan that get's us into the specifics under the manhour usage aspect. What we do have is the ability to change this goal of 2.5 acres per 1,000, because the goal is based upon an error in the foundation. February 13, 1993 Page 3 The Commission concurred that the paragrah should be rewritten to properly delineate the si uation. C/Meyer suggested that the new name of the Gas Company should be properly reflected in the document under Energy Resources. Resource Management Issues: o Open space C/Meyer stated that it seems too single Liinded to just say that we are going to actively p rsue the preservation of open space area, since we live in an urbanized area. It should indicate that we are striving for a balance of the types of re reation, both passive and active, in the utilization of our land resources. C/Stitt, disagreeing with C/MeyerIs interpretation, stated that he interpreted the statement, to mean just that the City needs to determine wh'ch areas will be preserved and protected. Chair/Whelan suggested that C/Meyer's co m ent about looking for the balance of urban use and open space by providing adequate park and recreation facilities to the residents, be more appropriately placed in the Issue Analysis. C/Plunk indicated that there should be refrence to a balance of open space protection, as we 1. C/Meyer explained that "protecting open s be taken at face value, whereas it could e be used for anything, but preserved onl) space. We should be opening up our opt: looking for balance, where open areas cowl for urban types of needs, if desire Commission concurred to place C/Meyer': under the Issue Analysis. o Biological Resources -The Commission this subsection, as is. o Parks and Recreation dace" can nd up not as open .ons, and 3 provide 3. The comment accepted VC/Ruzicka indicated that there should be ome kind of trails linking the open space or parks ogether. February 13, 1992 Page 4 However, noting the ambiguity of the entire statement, specifically, "to provide continuity between open space areas for biological resources", he inquired if the intent is to provide continuity with human recreational uses and biological. use. CD/DeStefano suggested that the connection for biological resource purposes should be added to subsection two, and then strengthened in subsection three, with a similar sentence also dealing with people and the linkages between park facilities. The Commission concurred. C/Meyer suggested that there should be reference made to recreational facilities that are accessible to our residents, yet not within our corporate boundaries. C/Plunk suggested identifying and delineating the parks facilities that are readily accessible, back in the Existing Conditions of the Parks and Recreation, so that we do not duplicate. Transportation and advertising van be looked into as a Goal. C/Meyer stated that the issue in his mind is not going out and buying more park land, and baseball diamonds, but creating a better bus system to get kids to the facilities that are under utilized. VC/Ruzicka, disagreeing with C/Meyer, stated that, though we are all aware of the outside facilities available to us, there are some specific needs, that we have here in Diamond Bar, that would not be duplicated, and would be heavily used. These specific recreational needs should be addressed and provided for now, and in the future. C/Meyer suggested, then, that the Issue Analysis should be elaborated to indicate that there are various age groups that have different recreational needs that should be provided for. Chair/Whelan proposed the following wording, "There is a need to actively plan for adequate recreation facilities, in site, to serve the growing needs of the local residents, through the utilization of existing facilities within City boundaries and throughout the area, present additional recreation of parklands is necessary to meet community needs." February 13, 1992 Page 5 Following discussion, C/Stitt stated tha he does not have a problem with the Issue Analysis statement as it stands. It seems to be right to the point. The Commission concurred to Leave the Issue Analysis as is. o Water -- The Commission acceped this subsection, as is. o Energy C/Stitt, uncomfortable with the 3tatement "laboratory for testing new energy techn logies", cautioned that this could be an open invi ation to something that we may not want. The a are a variety of energy issues, nuclear for one. CD/DeStefano explained that, with the onsBt of the AQMD in Diamond Bar, that issue is from aa overall general discussion about encouraging new t chnology within the City and thereby creating an identity for Diamond Bar. C/Stitt indicated that he would prefer to have the sentence omitted. VC/Ruzicka suggested that the statem still retain the City's desire to be the energy sources. CD/DeStefano informed the Commission that 2-181 there is a whole objective that 6 the testing of new energy technologic Commission can deal with the technical a; energy technology when reviewing that sec The Commission concurred to omit the last as suggested by C/Stitt. o Solid Waste should ers in on page als with The pests of .ion. tense, Chair/Whelan stated that the wording, nder the Issue Analysis, should be changed from ...'the City is now..." to "...the City should be enco raged to work...". 0 Agriculture February 13, 1992 Mage G CD/DeStefano indicated that the beginning sentence, in the Issue Analysis, "There is no need..." is harsh. He suggested that it be reworded as, "The City should develop specific policies dealing with the eventual convergence of agricultural lands to suburban land uses as agriculture becomes less economical." The Commission concurred. Chair/Whelan suggested that the last sentence, on page 2-5, under Agriculture, also be changed to indicate that the intent is to monitor the eventual phase out of this incidental amount of agriculture grazing that remains in the City. The Commission concurred. o Mineral Resources C/Plunk inquired if the wording, "There is no need..." should also be omitted, as it was in subsection 7. CD/DeStefano concurred. However, in this particular case, there is no identified mineral resources, or identified issues from that standpoint. The Commission concurred that the paragraph should be rewritten. Chair/Whelan called a recess at 7:30 p.m. The meeting was called back to order at 7:40 p.m. Overall Goals• CD/DeStefano explained that the overall goal is for the entire element, the broad far reaching statement. The objectives are a more refined statement of the gaol, and the strategy is one step more in the refinement process. o Objective 1.1 C/Stitt, regarding the statement "or are visible from", pointed out that it is not within the City's realm of power, or capability, to control in terms of what is being done in another area, in another City. CD/DeStefano explained that the intent was to preserve the visual features within the community, not those visible from the community. February 13, 1992 Page 7 C/Meyer stated that just because somethi g is not within our corporate boundary, doesn't mean it doesn't have an impact on us. If we recognize something beyond our corporate boundaries, we should stand up and say something. CD/DeStefano pointed out that this issue is dealt with more specifically in the Strategy subsection. He suggested the following verbiage for Dbjective 1.1, "Preserve significant visual features which are within the City of Diamond Bar, and work with adjacent jurisdictions to preserve si nificant visual features visible from the City o Diamond Bar." Chair/Whelan suggested the following erbiage, "Preserve significant visual features from within the City of Diamond Bar, with an emphasis on the preservation of remaining natural hillsides, also encourage the preservation of significant visual features, visible from the City of Diamon Bar." C/Plunk suggested that the wording also indicate, to "develop a policy to work with". C/Stitt concurred with the Commission's onsensus to the change in wording of objective 1.1 o Strategy 1.1.1- The Commission acceped this, as. o Strategy 1.1.2 C/Meyer stated that the wording is awk4ard, and needs further review. The Commissioncon urred. o Strategy 1..1.3 CD/DeStefano suggested deleting subsection A. It should be a City wide strategy and shoul d not be affected by The Country. The Commission concurred. The Commission concurred that Strategy 1.1.3 should be better worded. o Strategy 1.1.4 The Commission concurred that it needs to Oe better worded. They concurred to delete subsect on A. o Strategy 1.1.5 C/Meyer suggested adding the words "if fea ible" to the end of the statement. February 13, 1992 Page 8 C/Plunk suggested that the strategy should mention that a plant can be relocated to a park site, if there is no room to relocate the plant on the premise. C/Meyer stated that the statement be worded, "...to be relocated on or off site, if feasible." The Commission concurred. o Strategy 1.1.6 C/Plunk suggested that the statement be reworded to indicate "pre-existing" development. CD/DeStefano suggested that it should probably say "...protect use for existing development.", and " ..retain opportunities for views from new development.". The Commission concurred. VC/Ruzicka inquired if the statement should include a philosophy for preserving views by specifying a building heighth limitation. CD/DeStefano suggested that the statement be strengthened by adding, "Require that dwelling units, structures, and landscaping be sited in a manner which includes those four items.". The Commission concurred. o Strategy 1.1.7 C/Plunk suggested changing the wording "...without there...". C/Stitt suggested just deleting the wording "...from both within and without...". The Commission concurred. o Strategy 1.1.8 CD/DeStefano suggested adding the wording to ..adjacent to the City such as the Hills of the City of Industry..." and so forth. Chair/Whelan suggested adding to "...adjacent to the City," the words "and it's sphere of influence". CD/DeStefano stated that subsection A will be deleted, and weave the whole thing into one strategy with the language just indicated. The Commission concurred. February 13, 1992 Page 9 o Strategy 1.1.9 The Commission concurred to delete it bec use it is covered adequately in the Uniformed Building Code and the Hillside Management Ordinance. o Strategy 1.1.10 CD/DeStefano, in response to C/Meyer's inquiry, suggested that it can be written as a directive to develop policies that enact and maintain provision... and so forth. He then sugge ted that the statement be reworded to cover the same issues but add more of that aesthetic or visual discussion contained in the Hillside Ordinance. The Commission concurred. ADJOURNMENT: Motion was made by Meyer, seconded by/Ruzicka and CARRIED UNANIMOUSLY to adjourn the m eting to 6:30 p.m., Thursday, February 20, 1992 at the AQMD, Room CC5. Respectively, Kellee A. Fritzal Secretary Attest: Jsj PAT WHELAN Pat Whelan Chairman Cr' CITY OF DIAMOND BAR MINUTES OF THE PARKS AND RECREATION COMMISSIO STUDY SESSION FEBRUARY 20, 1992 CALL TO ORDER: Chairman Whelan called the meeting to order at 6:36 p.m. at the AQMD, Room CC5, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Commissioners: Plunk, Stitt, Vice Chairman Ruzicka, and Chairman Whelan. Commissioner Meyer was absent (excused). Also present were Administrative Assistant Kel.lee Fritzal and Recreation Supervisor Bob R se. OLD BUSINESS: General Plan Chairman Whelan stated that the Commissi n's review of the Resource Management Element of the draft General Plan will begin with Objective 1.2. o Strategy 1.2.1 C/Plunk suggested adding, "where ecjologically feasible", to the second paragraph. The ommission concurred. C/Plunk inquired if the intent to "raise the usability of the land'" should be mention d in this sub -section. Chair/Whelan stated that the issue is addressed in Strategy 1.3.1. C/Plunk, concerned that the phrase "un uthorized. entry" could be too broadly interpreted, suggested such wording as "destroy or disturbed" to better delineate the intent of protecting the h bitat and the plant life. Chair/Whelan suggested the wording "mi imize or eliminate use in environmentally sensiti a areas". Following discussion, C/Stitt sugge tedthe wording, "minimize or eliminate activi ies that would contribute to the destruction of sensitive areas." Chair/Whelan suggested the wording, "minimize or eliminate impact on environmentally sensitive areas'", to more appropriately keep the statement open ended. The Commission concurred. C/Plunk suggested the wording, "Provide wildlife movement linkages to water, food, an nesting sources.". The Commission concurred. 0 Strategy 1.2.2 February 20, 1992 Page 2 C/Plunk, noting that the first sentence is not a complete sentence, suggested that it be better written. C/Stitt suggested reversing the sentence so that it begins with "Preserve existing...". The Commission concurred. C/Plunk, questioning the meaning of "rural", suggested the term "undeveloped", to make the intent of the statement clearer. C/Stitt suggested the wording, "Natural vegetation will be removed only as is necessary to locate homesites and construct access roads.". The Commission concurred. C/Plunk, noting that the statement only requires homeowners and developers to take part in the Tree Preservation Ordinance, questioned why businesses, the City, and public properties are not included. C/Stitt suggested wording, "...that specifically requires developers and residents...", so that developers and residents are specified, but all others are not precluded. Chair/Whelan suggested that perhaps there should be mention that a Tree Preservation Ordinance should be prepared during the first year of the development of the General Plan. VC/Ruzicka noted that there is already clear restrictions, in this sub -section, indicating that trees can be removed only under certain conditions. It reminds developers and residents to be mindful of the preservation of trees, and of the intent to prepare a Tree Preservation Ordinance. Following discussion, the Commission concurred to leave the wording, as is. o Strategy 1.2.3 Chair/Whelan suggested changing the wording to indicate "...environmental awareness program with the use of open space land.". The Commission concurred. o Strategy 1.2.4 C/Plunk suggested changing the statement so that "existing trees" and "planting vegetation" are broken down into two thoughts. February 20, 1992 Page 3 VC/Ruzicka noted that the main subject ilevelopers. referring to the action required of builders and Chair/Whelan suggested that Strategy 1.2.4 be broken down into three sub -sections so that it reads, "Require builders and developer to: A. Prune trees and maintain existing trees; B. Plant necessary vegetation... ;and C. Develop Frojects in such a fashion...". The Commission concurred. o Strategy 1.2.5 The Commission concurred that Strategy 1.2.5 should become subsection D. of Strategy 1.2.4. Objective 1.3 o Strategy 1.3.1 Chair/Whelan indicated that he is not c mfortable with the structure of the sentence. VC/Ruzicka stated that the four ideas in icated in the statement should remain, though perhaps reworded. The bullets could be worded to include other concerns. He would also like to see a bullet stating, "To pursue preservation 01 various hillside areas, and other scenic resources, which are important to the City's image.". Chair/Whelan suggested changing the wording to, "Maintain open space while developing recreation programs and facilities, emphasizing ative and passive recreation.". Ic Following discussion, C/Stitt suggested that the first sentence be deleted to read, "The development of active/passive recreation areas should protect natural open space. The development of a Community Center, in conjunction with the active a quisition of traditional neighborhood park lands, including community athletic fields, should be enc uraged.". The Commission concurred. Chair/Whelan stated that the statement, "promote enlargement of existing recreation a eas", is unclear. C/Stitt suggested that the statement b deleted because it's intention is vague. February 20, 1992 Page 4 VC/Ruzicka stated that, as a matter of policy, he would want the City to be constantly aware of it's existing active recreation areas, as well as want to do something about .them. The idea of the statement should remain. Chair/Whelan suggested that the wording be changed to include the following bullets: 1. Improve and enhance existing recreation areas; 2. Pursue joint public/private development of recreation facilities; 3. Develop and maintain a recreation facility inventory, updated periodically, to insure facility needs are being met in the community; 4. Actively pursuing land acquisition for parks; 5. To pursue preservation of various hillside areas, and other scenic resources, which are important to the City's image; 6. Initiate a program of identifying environmentally significant areas in the City, in the sphere of influence, and analyzing the possibility of protecting any unique or significantly environmental features of such areas; 7. Pursue protection of environmentally sensitive areas, not limited to Sandstone Canyon, portions of upper Sycamore Canyon, and the canyons along Brea Canyon cut-off. The Commission concurred. Chair/Whelan, noting that the next statement is too specific, suggested that it be reworded to read, "Pursue development of an integrated trail systems through the community.". The Commission concurred. Chair/Whelan suggested that the following bullet, regarding integrating the trail system with the golf course and so forth, is site specific and should be deleted. The Commission concurred. Chair/Whelan called a recess. The meeting was called back to order. o Strategy 1.3.2 Chair/Whelan, questioning the purpose of the statement, inquired why it could not just be part of aNeeds Assessment District. AA/Fritzal stated that the Community Director will address that issue at the next meeting, if the Commission desires. 0 Strategy 1.3.3 February 20, 1992. Page 5 VC/Ruzicka suggested that preparing andaintaining an inventory of open lands should ha e a high priority, and the information should e readily available. C./Plunk suggested changing the word " esignate" open space to "consider", to keep option open. AA/Fritzal stated that, if so des red, the Community Director will address the ommission regarding this issue, as well, at the next meeting. o Strategy 1.3.4 Chair/Whelan suggested that there be mention of the agreed ratio of park land. AA/Fritzal indicated that the Community Director will also respond on this issue, if desired. o Strategy 1.3.5. C/Plunk suggested that the statement be r worded to indicate that the visual ambience, of the Golf Course area, be maintained, and protec ed as an asset to the community. Chair/Whelan indicated that he would p efer that the area be developed as a Regional Park VC/Ruzicka stated that, though he would hate to see it occur, the area is ideal for commercial. C/Plunk, not content with the use of "acquire" in the last sentence of the paragraph, inquired if there is a more appropriate word that is stronger than "acquire" but softer than "developed". Chair/Whelan suggested the wording, "Plan for the eventual siting of a Regional park, with a Community Center/Civic Center on the Diamond Bar Golf Course, in conjunction with a mix use planned development that coincides with the City's identity. This convergence should not oc ur before another location is developed for continued Golf Course use.". The Commission concurred. AA/Fritzal inquired if there were any other items that the Commission would like to inclue in the Recreation Area. Chair/Whelan stated that he would like t see the planned development of a green belt thro hout the community. February 20, 1992 Page 6 C/Plunk indicated that she would like to see the parks connected, somehow, by trails. VC/Ruzicka stated that the Commission should set it's goals for the future. One of those goals should be the formulation of the Parks Master Plan. He suggested that this goal be written into the document. He also questioned why there is no mention in the document that allows the Commission to give input to development plans. AA/Fritzal indicated that the Commission's desire to review development plans would not be appropriately placed within this document. The development of a Parks Master Plan could be place under Strategy 1.3.1, "Prepare a Parks Master Plan that identifies and inventories all public and private...". Chair/Whelan suggested that a statement be included in Goal One which would read, "Develop a Parks Master Plan to create and maintain an open space system which will preserve scenic beauty, protect important biological resources, provide open space for outdoor recreation...". C/Stitt noted that, by the time the General Plan is completed,. the Commission would probably have developed a Parks Master Plan. He suggested that perhaps such a statement is not needed. Chair/Whelan then suggested including the statement as a separate Goal, similar to Brea's format. The Objective would be stated, "Developing, maintaining, and updating a Park Master Plan", with the basic wording indicated in Goal One. The Strategies include determination of the existing and future recreation parks needs. Objective 2.1: o Strategy 2.1.1 - The Commission concurred to accept this, as is. o Strategy 2.1.2 C/Plunk stated that it should indicate the same thing as was stated in 2.1.1.c. The Commission concurred. 0 Strategy 2.1.3 February 20, 1492 Page 7 VC/Ruzicka suggested that a statement he included to state, "replace the grass that has been planted in the medians with drought tolerant plants, as feasible.". Chair/Whelan suggested wording, "relace and maintain" to VC/Ruzicka's statemen The Commission concurred. C/Plunk noted that the wording, in subsetion A, is awkward, and suggested changing it to "...that require the use of grass...". The Commission concurred. Chair/Whelan suggested that the wording be changed in subsection B to indicate "drought tolerant". o Strategy 2.1.4 VC/Ruzicka suggested that there be a statement that requires retro fitting, as soon as feasible, with a drip system irrigation. Chair/Whelan suggested the wording, "Required irrigation efficiency, within the City, upgrade the system to the newest most efficient, iconomical technology available.", and then dE lete the subsections following. We can then indicate, in the Parks Master Plan, as part of a CIP roject, a desire to upgrade the irrigation system ithin the. medians. The Commission concurred. o Strategy 2.1.5 - The Commission concurred to accept this, as is. Objective 2.2 - The Commission concurred to leave this section, as is. Obiective 2.3 C/Plunk suggested that subsection 2.3.2-1 include wording "...bike ways, and pedestrian trails to connect parks...". Chair/Whelan suggested the wording, 11—liedestrian trails, integrated in the City's park s stem...". The Commission concurred. Objective 2.4 VC/Ruzicka stated, that though he is uncmfortable with the possibility of exposing Diamond ar to any unknown dangerous, he would not want to iscourage the City getting involved in the types o programs February 20, 1992 Page 8 that will be necessary in the future to test new energy technology. The idea of testing new energy technology should be retained somewhere in the document. C/Plunk suggested that the word "developing" replace "testing", and the words "safe and efficient" replace "new". Chair/Whelan inquire how safe and efficient would be defined. C/Stitt questioned why it is necessary to include the idea of "testing new energy technology". Following discussion, Chair/Whelan suggested the wording, "...in the development of new energy technology that are environmentally safe and sound.". The Commission concurred. Objective 2.5 Chair/Whelan, noting that there should be mention of addressing the greenwaste, suggested such wording as, "take a proactive leadership position in the utilization of greenwaste as a composting programming". AA/Fritzal stated that staff is aware of the Commission's intent, and if so desired, will develop the appropriate wording to be placed in section 2.5.8. The Commission concurred. ADJOURNMENT: Motion was made by C/Plunk,seconded by C/Stitt and CARRIED UNANIMOUSLY to adjourn at 9:25 p.m. Respectively, Kelle Fritzal Secretary Attest: Pat Whelan Chairman ' i MINUTES: Jan. 23, 1992 & Motion was made by C/Plunk, seconded by/ Stitt and Feb. 13, 1992 CARRIED UNANIMOUSLY to approve the iStittnutesof January 23, 1992, and the Minutes of Fe ruary 13, 1992. AA/Fritzal, in response to VC/Ruzicka's inquiry, reported that, upon confirmation that the Jaycees will donate $500 dollars, the DBIA $406 dollars, and the Rotary Club $100 to $200 dollars, the Anniversary Event is being planned. OLD BUSINESS: General Plan AA/Fritzal explained that the Commission's revisions, to the Resource Management Element of. the City's General Plan items, are in bold and are underlined. Those items that have been deleted are in the strike out form. C/Meyer sub fitted his comments to staff. Vice Chairman Ruzicka called a recess at6:50 p.m. The meeting was called back to order at :52 p.m. The Commission reviewed the Resource Element. Section 2.2 C/Plunk stated that, the way it is written, Visual Resources seems to be limited to Tonner Canyon. Chairman Whelan suggested that it be worded, "...a number of undeveloped areas in the City that offer open space and visual resources, no limited to...". C/Plunk, uncertain with the use of the word "undeveloped" with the visual resources, stated that the verbiage she had previously suggested was, CITY OF IAMOND BAR MINUTES OF THE PARKS AND RECREATION COMMISSIO FEBRUARY 27, 1992 CALL TO ORDER: Vice Chairman Ruzicka called the meeting to order at 6:40 p.m. at the AQMD Hearing Room 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by ALLEGIANCE: Commissioner Stitt. ROLL CALL: Commissioners: Plunk, Stitt, and Vic Chairman Ruzicka. Chairman Whelan arrived at 6:50 p.m. Commissioner Meyer was absent (excused). Also present were Community Development Director James DeStefano and Administrative Assisant Kellee Fritzal. MINUTES: Jan. 23, 1992 & Motion was made by C/Plunk, seconded by/ Stitt and Feb. 13, 1992 CARRIED UNANIMOUSLY to approve the iStittnutesof January 23, 1992, and the Minutes of Fe ruary 13, 1992. AA/Fritzal, in response to VC/Ruzicka's inquiry, reported that, upon confirmation that the Jaycees will donate $500 dollars, the DBIA $406 dollars, and the Rotary Club $100 to $200 dollars, the Anniversary Event is being planned. OLD BUSINESS: General Plan AA/Fritzal explained that the Commission's revisions, to the Resource Management Element of. the City's General Plan items, are in bold and are underlined. Those items that have been deleted are in the strike out form. C/Meyer sub fitted his comments to staff. Vice Chairman Ruzicka called a recess at6:50 p.m. The meeting was called back to order at :52 p.m. The Commission reviewed the Resource Element. Section 2.2 C/Plunk stated that, the way it is written, Visual Resources seems to be limited to Tonner Canyon. Chairman Whelan suggested that it be worded, "...a number of undeveloped areas in the City that offer open space and visual resources, no limited to...". C/Plunk, uncertain with the use of the word "undeveloped" with the visual resources, stated that the verbiage she had previously suggested was, February 27, 1992 Page 2 "The number of scenic resources... to preserve deliberate action to maintain visual ambience". Also, she had referenced trees being a substantial contribution to the visual image. CD/DeStefano suggested that the idea of trees being a substantial contribution to the visual image would be more appropriately placed as an .issue later on. Chair/Whelan made note of the item of concern so that it can be discussed later, if necessary. Section 2.3 Chair/Whelan, noting that the Golf Course is open to the public, suggested that the sentence, "The quasi -public park land requires fees for use, and is not open to the public.", be better worded. CD/DeStefano explained that, the issue staff was trying to communicate is that quasi -parks are public facilities, but are not open free of charge to the public. He suggested the wording, "The quasi -public park land requires a fee for use.". C/Plunk noted that the Little League fields are not actually open to the public unless you are a member. Furthermore, the YMCA property should also be identified. CD/DeStefano stated that the YMCA will be identified with the Golf Course and the Little League. He recommended that the sentence, "The quasi -public park land requires fees for use, and is not open to the public.", be stricken. VC/Ruzicka stated that quasi -public park land requiring a fee for it's use is more restrictive than quasi -public park land, and should be noted as such. Chair/Whelan suggested the wording, "Within the City, there are quasi -public park land and/or recreation facilities that may require fees. These include the Diamond Bar Golf Course, the Little League Fields, and three acres of YMCA property.". The Commission concurred. Chair/Whelan stated that the word "acre" should be included in the sentence 11209 undeveloped park land.". He inquired what the 209 acres of undeveloped park land are. February 27, 1992 Page 3 AA/Fritzal explained that it includes the Country park property, the Sycamore Canyon property, Pantera property, and Larkstone property. C/Plunk stated that the inclusion of the Country park as available park land, does not cive a true reflection of the ratio of the total ac es of park land available to the public. She inquired where in the document it states that the City is attempting to achieve the standard of 5 0 acres of park land per 1,000 residents. AA/Fritzal stated that it is so indicated in section 1.3.7. Chair/Whelan suggested that the two paragraphs be reworked because they are conflicting. One mentions having 8.8 acres per 1,000 residents, and then the next paragraph indicates that there is 2.5 acres per 1,000 residents, which is below the standards. VC/Ruzicka suggested deleting the last sentence, "The ratio of available park land... public quasi, public and private.". The Commission concurred. Chair/Whelan, concerned that deleting thelast sentence confuses the meaning of the aragraph, requested staff to rework the paragrap s to make the intent clearer. AA/Fritzal suggested replacing the sentence with, "The 2.5 acre figure represents 2 acres for developed parks, and .5 acres for undeveloped or passive park area.". C/Plunk recommended that the wording stated by AA/Fritzal be placed in the next paragraph, and that, "By comparison" be omitted, and add "...a minimum of 2 acres for developed parks, and... 11. CD/DeSefano suggested that the sentencec arify, "2 acres of developed public parks" and ". acres of undeveloped public passive park area er 1,000 residents". VC/Ruzicka suggested that, as an alternative, in page 2-3, there could be a statement indicated that the City presently has an "X" number of acres of park land, an "X" number of park space, an nXII number of undeveloped park space, and an 'X;' number of privately held park space, and placed in bullet form. Then the next paragraph could stato that, as February 27, 1992 Page 4 noted above, there is only an "X" number of acres available for public use. C/Plunk, concurring with VC/Ruzicka, suggested that instead of saying private park space, it should be called private recreational space. The Commission concurred. Section 2.4 AA/Fritzal pointed out that staff has rewritten the Solid Waste section, per the recommendations made by Troy Butzlaff, who is in charge of the Solid Waste Program. Open Space• Chair/Whelan suggested the wording, "...within the City, as well as it's sphere of influence.". The Commission concurred. Parks and Recreation: C/Plunk inquired if it is appropriate to mention biological resources in the Issue Analysis. The last sentence of the Parks and Recreation subsection should become the last sentence of subsection two. The Commission concurred. The Commission discussed if the Issue Analysis should be reworded. Chair/Whelan suggested that the section identify that there are recreation facilities within the City and the surrounding area, and that the Issue Analysis state that there's a need to actively plan for adequate recreation facilities. The Commission concurred. Energy: CD/DeStefano noted C/Meyer had suggested that the last sentence, which was previously deleted, be replaced with, "The City should avail itself of improved methods of resource conservation.". VC/Ruzicka, disagreeing with C/Meyer's statement, stated that the City ought to take it's role as one of the leaders in the field of energy and conservation. The sentence suggests that we are followers and not leaders. C/Plunk stated if Diamond Bar can provide for the reasonable safety, then she would not have a problem with taking a leadership position. C/Stitt concurred. February 27, 1992 Page 5 CD/Destefano suggested that the sentence read,"The City should avail itself of environmen ally safe methods of resource conservation.". The Commission concurred. Agriculture: C/Plunk suggested that the wording beanged to, "...dealing for agricultural land for t e eventual conversion...". CD/Destefano suggested the wording, "The City should develop specific policies dealing with the eventual conversion of agriculture land to suburban land uses." The Commission concurred. Strategy 1.1.5: Chair/Whelan suggested that the phrase "Mrred. site or off-site" be deleted. The Commission co Strategy 1,..1.8a CD/DeStefano noted that the verbiage is as discussed, however, it needs to be reformatted into one paragraph. The Commission concurred. Strategy 1.2• C/Plunk noted that it was requested that the. wording "ecologically feasible" be add d to the second paragraph. The Commission concurred. Strategy 1.2.2: The Commission concurred to reword the sentence to read, "Natural vegetation is to be removed only as necessary to locate approved development and construction of needed infrastructure, a d homes." Strategy 1.2• CD/DeStefano noted that the City Cuncil is considering the policy of have a tree r placement ratio of 4:1. C/Plunk suggested leaving it as it is written, "at least a 3:1 ratio", because if it is changed, and the City Council decides not to adopt such a policy, it will have to come back to the Commission for review once again. February 27, 1992 Page 6 CD/DeStefano explained that the Commission has an opportunity, if desired, to send a message to the City Council if, upon discussion, the Commission decides on a specific ratio. This document sets the policy, and the tree ordinance implements the policy. VC/Ruzicka stated that a 4:1 ratio is more appropriate to enhance the number of trees in the area, as opposed to the 3:1 ratio, which is the minimum. C/Plunk stated that, since it is a general statement with no specifics, she prefers the 3:1 ratio. The Commission discussed changing the guidelines to a 4:1 ratio, with a six inch diameter. CD/DeStefano explained that the way the provision now reads, any tree removed, with a six inch diameter, must be replaced with 4 trees. The Commission acknowledged that they had interpreted it to mean that removing one six inch in diameter tree would have to be replaced by 4 trees that are six inches in diameter. CD/DeStefano indicated that the wording should then be changed so that it is more comprehensible. The Commission requested that CD/DeStefano rewrite the paragraph per Commission comments. Strategy 1.2.3• C/Plunk noted that the Community Tree Planting Program was not to be deleted. Chair/Whelan confirmed that the Commission had concurred to make it an all encompassing, education type, program and to get away from just tree planting. The Commission concurred. Section 1.3• C/Plunk stated her concern with the use of the word "natural" in protecting open space. The Little League, and the upper part of Sycamore Park, could be looked at as not being developed in a natural way. If we're protecting a natural area, we don't want to do a lot of development. It seems to be two separate issues. February 27, 1992 Page 7 VC/Ruzicka suggested adding the wording "wherever possible" to the sentence. Upon request, AA/Fritzal recapped the statement formulated by the Commission following discussion, "Develop recreation facilities emphasizing active and passive recreation areas. The develpment of a Community Center... 11, and so forth. VC/Ruzicka stated that "protecting natural open space" is an overall policy that should be emphasized. Eliminating the phrase is not advisable. CD/DeStefano noted that the ties and the significance of the issue is still very prevalent in the objectives and the strategiein the document. Is The Commission concurred that the issue is well covered in section 1.2 and 1.3. Strategy 1,.,3.3: C/Plunk noted that she had requested tha the word "consider" be placed with the word "desi nate", to keep options open. CD/DeStefano, noting that the Commi; requested, at the last meeting, further regarding Strategies 1.3.2, 1.3.3, an explained that the issue in Strate basically indicates that new open space maintained privately. The issues in Stra and Strategy 1.3.4 indicate that there sh inventory -of all open lands, or undevelo] and be identified based upon the previous for development granted by the Furthermore, it states that those acreac now be specifically set aside nondevelopable areas (for example - Si Strategy 1.3.3 is an issue of pre: Strategy 1.3.4 is simply a method of which properties had these restrictions did not. however, if so desired, staff c the language to create a more permissive ;sion had assistance 3 1.3.4., gy 1.3.2 areas be :egy 1.3.3 3uld be an )ed lands, approvals County. 'es should Ls being Lndstone) . ;ervation. verifying and which :an change -tatement. Chair/Whelan noted that the majorit of the Commission does not perceive this to be an issue. However, he did request staff to r word the paragraph, to be reviewed later. February 27, 1992 Page 8 Strateav 1.3.5: C/Plunk noted that she had requested language protecting the visual ambience as an asset to the community. Chair/Whelan suggested wording, "...in conjunction with the mixed use planned development that coincides with the City's visual identity.". C/Plunk requested the wording be more specific concerning the visual identity. The Commission concurred with the rewording to include visual identity. CD/DeStefano asked the Commission if they wanted to specifically identify the golf course as a site for a community civic center. C/Plunk responded that it was a possible site, but not the only site. Chair/Whelan inquired whether they are becoming to site specific. CD/DeStefano questioned whether the Commission specifically wanted to name the golf course. C/Plunk felt that the Commission should not be site specific. Chair/Whelan suggested wording "plan for an eventual siting of a community center in Diamond Dar in conjunction with a mixed use plan development that considers the Cities visual identity. C/Plunk felt if the Commission was not being site specific the visual identity in different areas is different, so it should not be included. C/Stitt felt the Commissioned developed the strategy because of the possibility that the golf course may in fact be changed and that we may have to have a plan for a civic center in that area. VC/Ruzicka suggested using C/Meyer's statement, "If the Diamond Bar Golf Course is ever to be subjected to the potential of conversion to another use of land, then it should first be replaced in kind and the options of using a site for the community and civic facility should be fully explored." The Commission concurred. February 27, 1992 Page 9 C/Stitt suggested that the wording "and the development coincides with the Cit 's visual identity", be added to the statement as framed by C/Meyer. The Commission concurred. CD/DeStefano responded that the Commission requested that the wording suggested by C/Meyer be included with wording considering the City's visual identity. He then asked what does the mixed use planned development mean, referring to public facilities and recreational mixed uses. C/Stitt explained that "mixed use" took into consideration a variety of different uses such as retail locations, recreational areas, and so forth. C/Stitt further stated that the Commission wanted to be specific in calling for a Community/Civic Center located at the Golf Course if ever converted. C/Plunk inquired if other uses were more appropriate than mixed uses. Commission did not concur. Strategy 1.3.8• Chair/Whelan indicated that the first bullet is awkward, and suggested "...including existing recreation and park needs present and future."• bullet two should be, "the development of design. standards"; bullet three should be moved to the first part, of 1.3.8, to "prepare a Com rehensive Needs Analysis and Master Plan of Par s.". The Commission concurred. VC/Ruzicka summarized that 1.3.8 is a Needs Analysis, 1.3.9 is a Master Plan of Parks, and then 1.3.10. The Commission concurred. Chair/Whelan called a recess. The meeting was called back to order. Objective 2.4: C/Plunk suggested the wording, "...and the use of new energy technology.", instead of "development". VC/Ruzicka indicated that he would like the original wording left, as is. Chair/Whelan suggested the wording, "...d velopment in use of energy technology that a e deemed environmentally safe.". The Commission qoncurred. February 27, 2992 Page 20 Objective „2.5• CD/DeStefano noted that the paragraph incorporates greenwaste and composting, as was requested. However, all of the paragraph has been reworded, per the input of Troy Butzlaff. C/Plunk inquired which section mentions actually using the greenwaste from the parks. CD/DeStefano suggested that Objective 2.5.8 say, "Reduce the amount of yard waste generated by through on going promotion of grass cycling and on site composting of leaves and other organic materials.". Staff will ask Troy Butzlaff to add verbiage that includes parks. Motion was made by C/Plunk, seconded by C/Stitt and CARRIED UNANIMOUSLY to recommend approval of the Resource Management Element, with the changes as directed to staff, to be forwarded to the General Plan Advisory Committee and the Planning Commission for consideration. ANNOUNCEMENTS: Chair/Whelan stated that the. Commission has been invited to attend the Diamond Bar Softball opening ceremony at 11:00 a.m., Saturday. he further stated that it has been a pleasure working with this Commission as a body. ADJOURNMENT: Motion was made by VC/Ruzicka, seconded by C/Stitt and CARRIED UNANIMOUSLY to adjourn the meeting. Attest: Pat Whelan Chairman Respectively, Kellee Fritzal Secretary ` CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION FEBRUARY 10, 1992 CALL TO ORDER: Chairman Grothe called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District Board Meeting Room, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF The audience was -led in the Pledge of Allegiance by ALLEGIANCE: Mr. Porter. ROLL CALL: Commissioner Harmony, Commissioner Soh y, Vice Chairman MacBride, and Chairman Grothe. Commissioner Flamenbaum was absent. Also present were Community Direct r James DeStefano, Associate Planner Robert Searcy, Planning Technician Ann Lungu, City Engineer Sid Mousavi, Deputy City Attorney Bill Curley, and Contract Secretary Liz Myers. MATTERS FROM Dennis Hernandez, from the Walnut Valley Water THE AUDIENCE: District, addressed the Commission regarding the Water Shortage Contingency Plan, mandated by Assembly Bill 11X, requiring that Water Agencies prepare a plan providing a form of action that can be taken if the drought continues. The c ntent of the plan include both demands,' on the water system, as well as supply. He reviewed the contents of the plan with the Commission. Mr. Hernandez, in response to Chair Grothe's inquiry, explained that MWD is calcul ting the requested 30% reduction in water use from the base year of 1989/90. In response to a series of inquiries from VC/MacBride, Mr. Herdandez made the Eollowing explanations regarding the memorandum (an axecutive summary of the water problem), dated January 30th, that was submitted to the Commission: the population forecast in figure 1 -1, -is bas d on the recent census, in Diamond Bar, including a one to two percent population increase per year; figure 1- 2 is a history of the number of acre feet purchased since 1961, the number of the consumer in the district prior to 1978, and the combined total of consumers; the dark portion in figure -2 could more appropriately be labeled Diamond Ear Water Company consumers; figure 1--2 will be adusted to properly indicate that the current condition, now labeled Walnut Consumers, be labeled Diamond Bar/Walnut Consumers; the expected 2% rate increase on the demands on reclaimed water, as indicated on page 2-1, will probably increase more th n the 2% over the next few years, however, until there is additional sources of supply, the increase in the reclaimed system will probably be somewhat minor; the construction of a major transmission pipeline February 10, 1992 Page 2 will be running through. the streets of Grand Ave. and Padillo, in the Covina area, tying into the Metropolitan's middle feeder, to terminate at the terminal storage site; the pipeline will be about five miles Long, with the largest diameter being 51 inch; the construction of the pipeline is due to start in the summertime and last about a year; and traffic concerns regarding the construction has been satisfactorily alleviated. C/Schey inquired if there is some means of expanding the supply of reclaimed water, thereby allowing the expansion of the use of reclaimed water for nonpotable purposes. Mr. Hernandez explained that the Pomona Water Reclamation Plant, supplying reclaimed water at this point in time, is not able to meet the demand during the summertime. There is another treatment plant, located around the 605/60 freeways, that has sufficient capacity available. However, there's a major cost in transporting that water back up to the district area. Mr. Hernandez, responding to C/Harmony's inquiry, stated that he does not have all the figures to determine the cost of bringing water from the Rio Hondo treatment facility. In regards to being able to tap into the proposed Tres Hermanos Ranch recycled water system, he indicated that, as more plans become available, all alternatives will be considered. CD/DeStefano thanked Mr. Hernandez for attending the meeting and providing the Commission with a synopsis of the Water Shortage Contingency Plan. He inquired which treatment facility would the water come from for the reclaimed water lake proposed at the Tres Hermanos Ranch. Mr. Hernandez indicated that he has not yet seen any plans. However, he would presume that most of it would probably come from the 605/60 freeway. CD/DeStefano announced that there was an error in the public hearing notification for architectural review of 3 single family homes located at 2638 Blaze. Trail, 22105 Rim Fire Lane, and 23624 Falcons View Dr. Staff has readvertized the projects, for staff architectural review, for the meeting of February 24, 1992. MINUTES: C/Harmony requested the Minutes of January 27, 1992 be amended on page 2, third paragraph, to add February 1o, 1992 page 3 Jan. 27, 1992 the project - that rather than resr onding to the Commission's concerns for high density on the project, the developer changed it to a Senior Citizens complex - cut a few units and reduced parking, and still had not addre sed the Commission's stated concerns."; and or, page 4, ninth paragraph, to insert ,,.,from the general public, and the City Council...". Motion was made by C/Schey, seconded by V(!/MacBride and CARRIED UNANIMOUSLY to approve the 14inutes of January 27, 1992, as amended. NEW BUSINESS: CD/DeStefano stated that, pursuant to the discussion at the last meeting, the clause under New Agenda Format the heading Matters From The Audience/Public Comments has been changed to incorporate a provision to allow the public to speak not only on non agenda items, but all those items that are not public hearings within the agenda for the evening. C/Schey suggested that it should be limited to items within the Commission's jurisdictic,n. Architectural CD/DeStefano stated that, pursuant to discussion at Design Review the last meeting, City staff has provided the Commission with a copy of Ordinance No. adopted March of 1990, which establishes a design review process. Chair/Grothe suggested that staff reports also include a report on'design review concerns, to include color photographs of the surrounding properties, a couple of views of th subject property to be either developed or remo eled, as well as a display of the type of building materials to be used. He inquired if that would need to be reworked into the ordinance, or if it can be changed as a procedural matter. CD/DeStefano indicated that the requesL may be better inserted into the Ordinance when dealing with the new Development Code. In the interim, based upon the Commission's direction, taff can revise the applications, at the public cointer, and advise applicants verbally that such photographs are necessary as part of the application package. There is a catch all clause within the Development Review application requirements that would permit the commission, or staff, to request additional � canal information. February 14, 1992 Page 4 C/Schey suggested requiring video tapes, of a given neighborhood or project site, as an effective tool to visualize the site. CD/DeStefano stated that the developer could be required to provide one of those forms of documentations. Upon review, staff would display it for the Commission. Some cities utilize the video tape method, however, with this size of staff, and the capabilities, we don't see -it in the foreseeable future. C/Harmony, in regards to the recent criticism of the apartment complex project on Grand Ave., indicated that he felt that the problem involved an architectural review concept. He indicated that Diamond Bar has a history of working with an architectural review committee with our CC&R's, our Homeowners Association, and TransAmerica. To his understanding, that authority of architectural review has been transferred to the Diamond Bar. Improvement Association (DBIA). Their recommendations would then come before the Planning Commission. He noted that the City Council, in the original Development Review ordinance, had proposed a separate architectural. committee. This kind of interfacing would insure architectural compatibility within our community, and avoid the embarrassing situation such as that particular apartment building. C/Harmony informed the Commission that he obtained a copy of the City of Ojai's ordinance on architectural review procedure. He noted that, first off, they appoint an architectural board of review. Also, there is a lot more detail and depth within their guidelines. The Commission has never really seriously dealt with architectural aesthetic concepts. Perhaps something could be'worked out with the DBIA, with whatever authority they may have in this regard. He suggested that the Commission may want to recommend to the City Council, to include into the ordinance, the formation of some kind of an architectural review board, consisting of architects and landscape architects, that would review these projects, and make comments to the Plannning Commission. Chair/Grothe, concerned with adding another level of bureaucracy, suggested that standards for issues like zoning for density, set back requirements, and landscaping, be toughened to see if we can get by without more bureaucracy. Staff could be required to see to it that the developer follows a list of guidelines as part of our design review. February 10, 1992 Page 5 C/Schey indicated that he would prefer tc have the flexibility of a committee, rather than legislate regulations that are essentially arbitrary. There are circumstances when one set of guide Ines may not be appropriate for a development. Chair/Grothe pointed out that if th e is a circumstance that a developer feels the standards should be modified, then he should apply for a variance. In this way, the ground rules are the same for everyone up front. CD/DeStefano, in response to VC/MacBride's inquiry, explained that the whole question of whether the DBIA participates, or does the review, has yet to be resolved. As of now, we're trying to better communicate with one another in terms of providing the DBIA with the ability to review proj cts that are coming before the City for discretionary approval, then receiving their letters and comments, and taking them under advisement. VC/MacBride, encouraging the process of a ongoing exchange of information, suggested that the DBIA send a member, of their committee, to communicate with the Planning Commission. He indicated that perhaps the Commission should also set up an architectural review committee. CD/DeStefano suggested that, if the C mmission develops a set of standards, guidelines, or policy, it would make it easier for a body of people to review a project, based upon approval of such standards. It is also easier for the developer if standards are set up front. In response to VC/MacBride, CD/DeStefano suggested that the standards be separated as a free standing policy document, to run concurrently With each development review application. If the C mmission chooses to make this a high priority, A message could be sent to the City Manager, and the City Council, that resources be set aside tO prepare such a document, and to move it into the upcoming workshop for the next fiscal year. C./Harmony stated that, if the DBIA expan ed their scope of their committee beyond CC&R issues he would feel comfortable with, that kind of private/public mix of community and public structure working together. Chair/Grothe requested that staff proide the Commission with immediate assistance tith the February 10, 1992 Page 6 design review concerns. However, in developing the policy, he feels that guidance should come from the top and filter down.to the Commission. CD/DeStefano reaffirmed that there is a specific provision in the ordinance that allows staff the ability to require additional submittal documents beyond what the ordinance points out. C/Harmony suggested that the matter be turned over to the "White Paper" committee. The committee is to include the comments made into their report, and make a recommendation to the City Council. The Commission concurred. C/Harmony submitted the Ojai ordinance, as a sample of a recognized model or an ordinance. CONTINUED AP/Searcy addressed the Commission regarding the PUDLIC HEARINGS: request for architectural approval of a one floor 5,080 sq. ft. Goodyear Auto Service Center building DR 91-3 to be located in the Country Hills Towne Center. At the last hearing, the Commission directed staff to address various issues including, but not limited to, the following: parking; auto and pedestrian circulation; orientation of the dr buildings; and potential noise impacts. AP/Searcy reviewed these issues, with the Commission, as indicated in the staff report, and reviewed the suggested mitigation measures to minimize sound emissions. Chair/Grothe stated that, on his request for parking information, he wanted to know how the existing facility meets the existing parking code, taking into effect all the uses in the Center, as well as a full breakdown of that shared parking. DCA/Curley advised VC/MacBride that, since he was absent at the opening hearings, it would be advisable that he not participate in a vote, at this time, unless he has had the opportunity to get up to speed with the rest of the Commission. VC/MacBride stated that, though he is up to speed with the issues, he will not participate in the vote, to avoid any misapprehension on any part of the audience. Mark Wieman, on behalf of Landsing Pacific Fund, the owner of Country Hills Towne Center, Executive Vice President and Chief officer for the Fund, indicated that the difficulties confronting the real estate industry in Southern California, and the nation in general, have claimed six retail February lo, 1992 Page 7 operators in the Country Hills. Without the Commission's support, there will be more casualties. The two applications Uill help preserve the economic viability of the Center. He requested that both applications be approved. Tom Wolff, President of the Wolff Comp ny, 7700 Irvine Center Drive, Irvine, Development Manager of Country Hills Towne Center, indicated that they are prepared to answer any of the Co ission's concerns. He stated that the member 5 of the Country Hills Association very much want o see -the Center expanded. Bill Thackery, owner of Little Profe sor Book Store, representing the Merchants Association, submitted a petition, to the Commission, signed by all the merchants in the Center, supporting their interest in seeing this Center expanded. Tom Wolff stated the following: They have made a real effort to orient the Good Year building in such a way that would be beneficial to all of the various parties involved; they will landscape the blank wall to look more attractive; the City's engineer has indicated that the sound eport is satisfactory as far as mitigating the noise; and, they feel, that the issue of noise can be mitigated by the construction of the wall indicated on the plans. Mark Schaffer, Senior Consultant at Associate Principal of Mckay Conant Brook, Inc., Sound Engineer, addressed the Commission pr pared to answer any questions. In response to C/Harmony's inquiry, Mr. Schaffer made the following comments: the actua maximum level of a sound jump of any particular activity would be 76 decibels - the 84.5 decibel rating was a summation of several different events il they all occurred at once; with the 8 foot wall, the sound jumps are reduced by 5 to 7 decibels, depending on the specific type of noise source; the ambient sound level comes from Diamond Bar Blvd. and the 57 freeway; the total amount of sound, that gets out into the neighborhood, is reduced if the doors to the unused bays are closed; and the 8 foot wall is r. the most efficient way to mitigate the sound jumps, in his opinion. Mr. Schaffer responded to a series of inquiries, from VC/MacBride, pin pointing the specific Location of the sound testing. February 10, 1992 Wage 8 In response to Chair/Grothe's concern regarding the effects of the frequency of the sound, Mr. Schaffer indicated that the concept of the frequency content impacting a perceived loudness of sound is taken into account in the type of sound level meter instrumentation used. He further indicated that when he was taking his measurements on Saturday, 7:15 a.m., a passing garbage truck's sound level was 86.5 decibels. Tom. Wolff made the following comments: They would be a better looking neighbor if the wall was landscaped rather that turning the building around; due to a technical problem, they were unable to present the slides concerning parking; the results of taking pictures every hour for 12 hours, Friday and Saturday, showed that at no time were there enough cars in any place in the center to warrant concern over the amount of parking; the way the building is oriented, as indicated in the application, is the way we, and the tenant, would like to see it done; and there are intenuating measures which will mitigate the sound to satisfactory ambient noise levels of the community that are already there. CD/DeStefano, in response to C/Schey's inquiry, explained that both the Goodyear and the Speedee Lube stores are development review applications. The conditional use permit (CUP) is an amendment to the previous CUP covering the entire property. The original CUP did not show a pad on the site of the Speedee Lube. It is primarily for the subdivision which would permit the Kentucky Fried Chicken facility in the future. The Public Hearing was declared open. Jo Vassman, residing at 2509 Sunbright Dr., and Sara Anderson, residing at 2517 Sunbright Dr., addressed the following concerns: the present driveway creates a hazardous traffic condition; there should be a sidewalk constructed by the driveway; the noise levels will be constant and annoying; the project will decrease home values; there will be an increase of traffic in an already dangerous intersection; the owners should first consider finding tenants for the empty store fronts; and why is an automotive center being considered in a residential community. Wayne Fisher, resJding at 2675 Crooked Creek, made the following concerns: the present wall has never been landscaped; the intersection of Fountain February 10, 1992 Page 9 Springs and Diamond Bar Blvd. is already dangerous without the increase in traffic that will be created by the project; the sound le el study should not be averaged over a 24 hour period, but averaged over the hours the store is o ened; and there are retired residents that will have to listen to the noise all day. Arthur Ramos, residing on the corner of Fountain Springs and Crooked Creek, made the following comments: the street entrance is presently narrow; the fumes from the traffic is already unbearable; and the reason there is plenty of parking is because many of the store fronts are not rented. Dr. Pamela Anderson, residing at 2628 Ri ing Star, made the following comments: noise levels are already high from the 57 freeway and Diamond Bar Blvd.; the increase in the sound decibel is on a logarithmic scale therefore the sound increases 140 units not just 10.6 decibels; th re is no guarantee that the owner will keep MUMEIrS on the hydraulic lifts, or keep thein in working ondition; and what recourse will the residents have if the noise is unbearable and a burden to the residents. Don Long, residing at 2640 Rising Star, made the following comments: the area is already noisy and additional noise will make that area even more unbearable; the project will have a d trimental impact on property values; the traffic will increase; and there is already ample utomotive facilities on the north side of Diamond gar. The following persons opposed the project for reasons previously mentioned: Ken Anderson, residing at 2628 Rising Star Dr.; Steve Baben, residing at 2605 Rising Star Dr.; and B b Gannon, residing at 2641 Rising Star Dr. Bart Porter, Executive Vice President of the Wolff Co., made the following rebuttals: the project is already an approved use; there is an element that is desirous for an automotive use on this side of Diamond Bar; the traffic study pres rated was thorough; the units, on the logarithmic scale for sound decibels, are multiplied twice, not ten times, as was indicated; and the resid nts were aware that the property next to them was zoned commercial when they bought their property. Mark Weiman made the following commen s: the Speedee Lube project has proposed the construction of a sidewalk on the side of the existing driveway; February 10, 1992 Page 10 they are willing to make the driveway a one way ingress; they are willing to landscape the existing wall if the City can show that such a promise was made, as was indicated; the Center is 88% leased, with rents declining; the Center provides more parking than is required; and all that is proposed, under the reconfiguration of the area of the proposed applications, has, in the aggregate, decreased the amount of sq. footage proposed. Ken Anderson stated that the entire Center lacks sidewalks in all of their entrances. The parking study, and shared use, is not working even now without full occupancy. CD/DeStefano informed the Commission that though the automotive use has been permitted within the zone, the use, and the building is subject to development review criteria which incorporates compatibility with design, screening, buffering, mitigation measures that don't create an adverse impact upon aesthetics, health and safety, and so forth. The Commission has three options on this particular project: approve the application with appropriate mitigation measures; deny the application based upon findings; or send the project back for further work. CE/Mousavi indicated that because the noise study was delivered to the City on February 4, 1992, staff has not had adequate time to review it and prepare a response. The consultants, however, have reviewed the report and concurred with it's recommendations and findings. Upon reviewing the report tonight, he indicated that he has some questions and concerns with respect to the findings of the report. William Fisher inquired if the proposed wall will be specifically constructed as a sound wall. The Public Hearing was declared closed. Chair/Grothe called a recess at 10:32 p.m. The meeting was called back to order at 10:48 p.m. DCA/Curley, in response to Chair/Grothe, stated that the Commission's action tonight is final, subject to appeal within a 10 day period to the Council. Chair/Grothe stated that he would hope that the owner, Mr. Wieman, would make some real efforts on some of the resident's concerns regardless of any February 10, 1992 Page 11 of the public hearing outcomes. He recommended the following improvements. the signs, for theater parking around the back of the building, 7.hould be up immediately; the sidewalks ingressing into the Center would generate more foot traffic, and traffic into the Center; the existing wall on Fountain Springs should be landscaped; make the Fountain Springs driveway an ingressonly; the whole design of the building needs major rework; having a sidewalk, and landscaping,'with the building, is a lot more aesthetic than Another 8 foot wall; turning the building may solve the noise problem, but if not, he would be against the project; turning the Center may help the visual blight, and, with proper landscaping, softened the entrance into the Center; creating a fenced yard may be more detrimental; having the roll. up door face the entrance way is unappealing; and he is not interested in putting a use in, that is not compatible, or, at least, not appropriate) placed. He stated that he is torn between de ging the project, or extending the application until there has been a major redesign, as indicated. He stressed, however, that if the noise level is increased even one decibel, he would not consider the project. Motion was made by Chair/Grothe to continue the project to the March 23rd meeting, with the intent that there be a major redesign of the project, addressing the concerns previously indicated. The MOTION FAILED for lack of a second. C/Schey indicated that the traffic issues are not a problem. However, he is concerned with the impact that the use will have with the surrounding residents. If the use was to be included into the Center, it would be more properly inclu ed in a location that was more remote from re idential development around it. He is inclined to deny the project. Motion was made by C/Schey, and secWed by C/Harmony to direct staff to prepare a 3solution of denial for consideration at the next eting. Chair/Grothe inquired if the motion ofdenial is without prejudice. C/Schey stated that, given that his majo concern is the appropriateness of the use in that particular location in the Center, he wou d not be inclined to see the use come back in a , ferent February 10, 1992 Page 12 configuration. For that reason, he would not intend his motion to be without prejudice. Chair/Grothe suggested that since only three of the five Commissioners will be voting, perhaps it should be continued to allow everyone the opportunity to vote. He pointed out that there are citizens that feel that a decent automotive service center on the south end of town is important. The Commission voted on the C/Schey's Motion. AYES: COMMISSIONERS: Harmony and Schey. NOES: COMMISSIONERS: Chair/Grothe. ABSTAIN: COMMISSIONERS: VC/MacBride. ABSENT: COMMISSIONERS: Flammenbaum. THE MOTION CARRIED. CUP 91-12; PT/Lungu addressed the Commission regarding the DR 91-5; & request for a CUP No. 91-12 and Development Review SR 91.-42 No.91-5 which is for a Speedee Oil Change and Tune - Up. She emphasized that the work at Speedee is not the same kind of work done at Goodyear. It is a preventive maintenance service that does not al require the sane tools as Goodyear, nor does it have the same kind of noise factor. Speedee has proposed to move the building three and a half feet to the north creating a clearer line of site exiting from that area into the main part of the Center. They have also agreed to put in the extra sidewalk discussed, as well as provide extra landscaping for the existing wall. The applicant is also requesting to amend CUP 87-002 for the use of pad No. 15 for a drive-through restaurant pad and a retail pad. Staff recommended that the Commission approve a resolution for this project, as well as the Mitigated Negative Declaration, and the Findings of Fact. C/Harmony questioned if the 3 to 4 vehicles serviced daily for smog tests would be profitable for the business. He inquired what the emissions, from testing cars, would do to the local neighborhood. Mark Weiman, on behalf of Landsing Pacific Fund, stated that they will do everything in their power to do those items, suggested by Chair/Grothe, relating to both the Goodyear and the Speedee projects. Tom Wolff stated the following: there will be a sidewalk leading down into the Center from Fountain Springs; the building has been moved three feet back to accommodate parking in front of the February 10, 1992 Page 13 building; the trash enclosure has beem removed creating a clear line of site; the architectural design is consistent with the architecture in the Center; the KFC is strictly a drive-th-rough and does not contain seating within the. stor ; and the remaining building will be retail. CDJDeStefano, in response to Chai %Grothe's inquiry, confirmed that, at this time, the Commission is looking at a pad division for lot 15. It's specific uses and architecture would be subject to development review at a la er date. Secondly, the Commission is lookin at a development review for the Speedee Oil facility. CfHarmony stated that he has problems with this particular lot split because it is his rhilosophy that lot splits should have a development plan. The Public Hearing was declared open. Bart Porter, of the Wolff Company, explained that the Commission is being asked to approve the CUP, and the design review, to allow Speedee on the site because there was not a pad drawn thei e on the original CUP. Also, that same CUP includes the splitting of the lot for the purposes of providing two identifiable spaces. The reason fo this is because the restaurant use is going to be on a ground lease. To make the lease with the owner, we need to know that it is an approved use at that location. The CUP asks for your approval of that site as a drive --through facility, with e design to be determined Later. Al Bolton, the KFC franchise operator and owner, explained, ideally, they like a locatiom that is on the going home side of the transitory public, and on a full corner. Since this was not possible, it was decided that a dcwniscale drive-through take out would be more appropriate. They c ter to a going home crowd during dinner time, and have a 60 second service time record. Therefore, the 8 car stacking capacity is not perceived to be a problem. Mike Benette, 41 Gulling Dr., Laguna Niguel, real estate representative for Speedee, responding to questions from the Commission, stated that: Speedee will have one air compressor usei to pump the oil out of the tanks, and filling air into the tires; Speedee typically has three primary profit centers, which is oil change, tune-up and smog checks; smog, check is the only about 10 of it's service, amounting to about 3 to 4.car , and it February 10, 1992 Page 14 usually entails doing tune-up type work as well; mature stores are servicing about 40 cars per day, with a ticket average of about $50.00 per car; 60% of the business will be oil change. Bob Gannon, residing at 2641 Rising Star, stated the following concerns: the location of an automotive repair or service is not appropriately placed abutting R-1 property; it would be better located by the Alta Ski & Sport and the Wherehouse; the proposed location is too close to the theater and creates a dangerous traffic situation; they may decide to use air wrenches in the future; and grease pumps are very noisy. Don Long, residing at 2640 Rising Star, stated that he is concerned with the increase of traffic from the 40 per day customers they anticipate. Also, that area does not need an increase in noise that will be generated from the facility. Ken Anderson, residing at 2628 Rising Star, stated that the grade of the driveway will obscure vision ingressing and egressing from the driveway to the facility. He is also concerned with drainage if further grading is done upon construction. Bart Porter stated the following: the suggested change in location would not be feasible because the main anchor stores, in the Center, would not allow the facility on those sites because it would obscure their line of site; Speedee will employ 4 workers therefore parking is not a problem; the wall will be landscaped with a creeping fig that will not only block the view of Speedee, but also help block any noise; and servicing 40 cars a day is only about 1 car every 15 minutes, which is not a big increase in traffic. Mike Benette made the following rebuttals: Speedee has been in existence for about 13 years and has never altered their service, which is preventive maintenance; only have 1 air compressor in back of the sore; there is no noise coming from the lube guns; and there is a substantial demand for this type of automotive service in the area. Mark Weiman urged the Commission to make the distinction between the Goodyear application and this Speedee application. Ken Anderson cautioned against approving the Speedee simply because the Goodyear project was denied. February 10, 1992 Page 15 Bob Gannon questioned why Alpha Beta s'gned the petition to allow these businesses, yet they will not have the Speedee facility located by them. The Public Hearing was declared closed. C/Schey, noting that the square footage totals for the split of pad #15, #14 and, the new pad #13 was less than what was permitted on the original CUP for pad #14 and #15, stated his concern that if a new pad of this type was allowed, it not result in an overall gain in the total sq. fotage of building that was permitted on the site. C/Harmony inquired as to why Alpha Beta would be opposed to having the Speedee facility aross from them. Mr. Weiman explained that the reason t ae anchor stores have stipulated to certain site q arters is because they believe they rely very heavily on site advertising. The densities at the Alta Ski location is the maximum that they would ac ree with. Chair/Grothe stated the following: turn the building 90 degrees and backed up so it is not the leading building coming into the Center; would consider a potentially increase in signage if the effect of the building is decreased; and most of the other items could be conditioned suc as: the compressor, pumps, and motors be pla ed in a compressor room; no air tools; and no major automotive repair. C/Harmony inquired at what time will w require development plans for lot subdivisions. C/Schey stated that the Commission is not creating a lot, but allowing development on this ad to be configured as two separate buildings. Th split of these pads is being done for lease of the property and we are not creating two legal parcels. Motion was made by C/Schey, sec nded by Chair/Grothe, and CARRIED to continue the matter to the next regular meeting, and direct staff to draft a Resolution of Approval that mandate that the total square footage of the KFC pad and the Goodyear pad will not be exceeded by the allocation of square footage to this new pad and the other two pads; prohibit the use of noematic tools; mandate the enclosure of the compressor units; mandate the appropriate landscaping of the existing wall along Fountain Springs; mandate the creat'on of a February 10, 1992 Page 16 sidewalk along the entrance road off of Fountain Springs; and with the City Engineer recommendation, mandate an entrance only configuration for that driveway or mandate the maintenance of that as a two way driveway; and mandate that a detailed landscaping plan be submitted to staff consistent with the other landscaping on the site. The Resolution would cover the proposed CUP 91-12, the development Review 91-5, and the Sign Review 91-42. AYES: COMMISSIONERS: Harmony, Schey and Chair/Grothe. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: MacBride. ABSENT: COMMISSIONERS: Flamenbaum. CUP 91-14 CD/DeStefano reported that the application is for a request to open a dry cleaning establishment which will maintain a dry cleaning plant on the premises. The proposed project is located at 11397-99 Diamond Bar Blvd., which is in a C -3 -BE Zone. A dry cleaning establishment is allowed in this zone by right, however, since this facility will have a plant on site, a conditional use permit is required. Staff has received numerous letters from citizens who are in opposition to this particular application because there are existing dry cleaners within the City, and several different dry cleaners within this immediate area. The citizens are.also concerned about the impacts to air quality from the chemicals used with this kind of operation. Upon contact with the AQMD, they indicated that there is no maximum facilities that can be located within one jurisdiction, as long as each of them receives the proper permits through the procedures established by AQMD. secondly, staff is unaware of a single City that gets into the issue of separating land uses, or over concentration of land uses (with the possible exception of adult uses). Staff recommended The Commission approve the application, with the mitigated negative declaration, the findings of fact, and conditions. C/Harmony indicated that the last prior approval for the dry cleaning establishment had a problem with their exhaust venting into the back door of one of the upstairs offices. The venting was reduct to solve the problem. The Public Hearing was declared opened. Douglas Levine, a dry cleaning in-house consultant for PECO Equipment Co., explained that the only venting done in a dry cleaning facility today is the venting of the boiler. There are no chemicals February 10, 1992 Page 17 vented to the atmosphere, or discharg sewer. This facility has already been a AQMD. It is just in the process of a na He further stated that, to his knowledge, only two cleaners in the general area. O is across the way, and the other is in th center. CD/DeStefano explained that there are t centers with two separate owners that a to one another. d to the proved by e change. there are e cleaner adjacent separate adjacent John Hitan, owner of the existing cleane s located within 75 yards of the proposed new facility, stated that there are already 6 cleaners within a quarter of a mile distance. Another facility, especially so close to their existing business, may drive them away. Furthermore, parking is already a problem within that center. Grigori Hitan, owner of Thrifty Clean Cleaners, stated that the shopping center, that they are presently located, is small and competition is already difficult. Tf this proposed discount cleaners is permitted to come into the enter, it will close out his business. Bill Tinsmen, residing at 1014 Cap n Ave., indicated that City Planners should not allow business failures by allowing too many of the same uses to operate within one area. Doug Levine pointed out that the issue h re is one of free enterprise, not of planning, be ause you have two different shopping centers, with two different landlords. Grigori Hitan stated that though the ce ters are separate, they are adjacent, and both are too small for two cleaners to exist. John Hitan stated that it is unfair to e pect free enterprise when his competition is next store to him within a small area. The Public Hearing was declared closed. PT/Lungu, responding to C/Harmony, explained that staff didn't receive application for a permit before the name change. The AQMD issued the permit under the old name. They are now comilig to the Commission for a CUP under the new name. February 10, 1992 Page IS C/Harmony stated that though he believes in liaise faire government, he has trouble with seeing this type of development going in when there are six dry cleaners in the area. Any good landlord would not allow 2 cleaners in one center, except for the fact that they are two separate landlords. Motion was made by,C/Harmony to deny the CUP. The Motion Failed for lack of a second. Chair/Grothe indicated that it is not the Commission's. responsibility to chose which business goes in which center. C/Schey stated that deciding which business is viable and which isn't viable exceeds our planning function. C/Harmony, noting staff's efforts to make sure that churches could not go in commercial zoning, or the Commission's discussion about avoiding the development of two car washes across from each other, stated that the Commission often makes decisions based on economic development. Motion was made by C/Schey, seconded by VC/MacBride and CARRIED to approve the CUP as recommended by staff and subject to the conditions outlined in the Resolution. AYES: COMMISSIONERS: Schey, MacBride, and Chair/Grothe. NOES: COMMISSIONERS: Harmony. ABSENT: COMMISSIONERS: Flamenbaum. INFORMATIONAL C/Schey stated that the "White Paper" sub -committee ITEMS: intends on having a draft available for review in advance of the next meeting. ANNOUNCEMENTS: CD/DeStefano confirmed that the Planning Institute is to be held in Anaheim. C/Harmony noted, for the record, Mr. Piermarini's excellent response in preventing a mudslide, during construction of his development, after the rains. When he completed his grading, he gave the surrounding residents free car washes in Rowland Heights. CD/DeStefano, responding to C/Harmony's request for an update to the Hills Club incident, stated the City Manager has requested staff to negotiate with the Hills Club, within 60 days, and develop a policy to prevent large parties in the future. February 10, 1432 Page 14 i ADJOURNMENT: Motion was made by VC/MacBride, se onded by C/Harmony and CARRIED UNANIMOUSLY to ad'ourn the meeting at 1:30 a.m. Respectivel JaWes DeStefany k Secretary/Plan ing Comm'ssion test: --Jack Grothe Chairman CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION FEBRUARY 24, 1992 CALI, TO ORDER: Chairman Grothe called the meeting to order at 7:00 :- p.m. in the South Coast Air Quality Management District Board Meeting Roam, 21865 E. Cop Ley Drive, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of All giance by ALLEGIANCE: Vice Chairman MacBride. ROLL CALL: Commissioner Harmony, Commissioner Flaxen aum, Vice Chairman MacBride, and Chairman Grothe. Commissioner Schey was absent. Also present were Community Direct r James DeStefano, Associate Planner Robert Searcy, Planning Technician Ann Lungu, City Engineer Sid Mousavi, Deputy City Attorney Bill Curley, and Contract Secretary Liz Myers. MINUTES: C/Harmony requested the Minutes of February 10, 1992 be amended on page 4, third para raph, to Feb. 10, 1992 delete "there was"; page 5, seventh paragraph to read, the DBIA expanded the scope of their committee beyond CC&R issues... ";page 6, third paragraph to add, "...as a sample of a recognized model or an ordinance."; and page 3.8, fifth paragraph to read, "...or the Co fission's discussion about avoiding...", and replace the last word with "development". VC/MacBride requested that the Minutes r flect the correct spelling of the City of Ojai. Motion was made by C/Flamenbaum, seconded by VC/MacBride and CARRIED to approve the Minutes of February 20, 1992, as amended. Cf lamenbaum abstained. OLD BUSINESS: AP Searcy reported that, pursuant to the Commission's request, staff has prepared a Res. of Denial Resolution of Denial. Resolution 92-2 contains for DR No. 91-3 those items staff felt the Commission enumerated during the move to deny. The areas of change are part 3, section b, items i -v, which are the findings necessary for approval of denial of a development review application. C/Flamenbaum, concerned that the Commission may be relaying a message discouraging developers to the Center, requested the Commission to reconsider their vote. The concerns of the Goodyear project could be mitigated. The matter should be continued, and brought before the new body of Commissioners, in March, for their consid ration. Chair/Grothe explained that the specific issue of denying the Goodyear project was the location of February 24, 1992 Page 2 the project, not the project itself. The Commission did approve the Speedee Lube project, and is, therefore, not sending a message that should discourage developers. The Commission should also stay within the context of the original vote. C/Harmony stated that, after conversing with most of the merchants at the Center, the general sentiment was that an automotive use was not particularly critical to the well being of the Center. Motion was made by C/Harmony, seconded by Chair/Grothe and CARRIED to accept the Resolution of Denial. AYES: COMMISSIONERS: Harmony and Chair/Grothe. NOES: COMMISSIONERS: Flamenbaum. ABSTAIN: COMMISSIONERS: MacBride. ABSENT: COMMISSIONERS: Schey. CONTINUED PT/Lungu reported that, pursuant to the PUBLIC HEARING: Commission's direction, staff has prepared two Resolutions. Staff has also included information CUP 91-12, regarding the issues of the Fountain Springs -_ DR 91-5 & Driveway, and the maximum total building square SR 91-42 footage, as was requested. The City Engineer, upon review, indicated support of the idea of using the Fountain Springs driveway as an ingress only into the shopping center, with proper modifications. Furthermore, the proposed CUP is requesting a total of 17,407 sq. ft. for pads #13, f14, and f15, which exceeds the approved total square footage of the original CUP. Pad #14 will need to be reduced by 607 square feet. Staff recommended that the Commission approve the Resolution for CUP 91-12, and the Resolution for Sign Review 91-42 and Development Review 91-5, with the Findings of Fact, the Negative Declaration No. 92-02, and listed conditions. CE/Mousavi, in response to C/Harmony, made the following comments: the traffic volume will be reduced on Fountain Springs, and on the intersection of Fountain Springs and Diamond Bar Blvd.; some modifications may be necessary to direct traffic out through the only signalized driveway; and, because there will be less traffic on Fountain Springs, there should be less noise for the residents in that area. DCA/Curley, in response to C/Harmony, stated that since the driveway modification for an ingress only is part of the CUP Resolution, it would stay as a February 24, 1992 Page 3 binding condition, but can be revisited upon the applicant's request, or a polic power jurisdiction. C/Harmony requested staff to modify the language, in the Resolution, to allow flexibility for appeal, so the issue can be resolved through the engineer's office rather than having to come back before the Commission. Motion was made by C/Flamenbaum to approve the Resolution, with the modifications re ested by C/Harmony, and upon the acceptance of the Traffic Commission after they review it. DCA/Curley explained that the Traffic Commission is an advisory body to the City Engineer, and the Planning Commission is the ultimate body that has the jurisdiction for planning actions. Therefore, the motion could be phrased "whereas the City Engineer shall determine if, based on good engineering standards, that the ingress o ly is an appropriate design characteristic for that site.". C/Flamenbaum modified his Motion in accordance with the language expressed by DCA/Curley. /Harmony seconded the Motion. VC/MacBride pointed out that a recommendation has already been made by the City Engineer's department declaring the ingress only driveway to lie proper and operative following standard conditions. The appendage made is not necessary to the Motion. Following discussion, C/Flamenbaum with rew his Motion. VC/MacBride stated that, for the reason expressed at the last meeting, he will not participate in the voting. Motion was made by C/Flamenbaum, seconded by VC/MacBride and CARRIED to approve the Resolution as amended by staff. VC/MacBride abstain d. An audience member requested to speak b fore the Commission. DCA/Curley noted that the Minutes of the February 10th greeting indicates that t e Public Hearing was declared closed. The pe son was permitted to address the Commission. Ken Anderson, residing at 2628 Rising Sta , stated that he thought this item was to be discussed at the next Commission meeting. February 24, 1992 Page 4 Chair/Grothe explained that the Commission's decision, at the last meeting, was to close the public hearing and direct staff to draw the Resolution of Approval for this meeting. The item can be appealed by Council within 10 days. DCA/Curley, in response to C/Flamenbaum's inquiry regarding 5.4 of the Resolution, concurred that the actual authority or application of the local private CC&R's is out of the Commission's jurisdiction, and should be stricken. However, the remainder of the section, as far as compliance with the State and City laws, is within the Commission's jurisdiction. The Public Hearing was declared open. Paul Kaitz, residing at 23608 Falcon View, the applicant, stated that he has followed all the recommendations, regulations, and design standards to get the house approved. He has agreed to move one of the trees, that is within house boundaries, and replace it at a 6:1 ratio. Larry MacMillan, residing at 2626 Blaze Trail, made the following comments objecting to the project: there has already been 2 other Oak Trees removed; the tree should be left and the house built around the tree; the replacement trees take a long time to Motion was made by C/Flamenbaum, seconded by VC/MacBride and CARRIED to approve the Resolution of the Planning Commission in the City of Diamond Pear, approving DR 91-5 and SR 91--42. VC/MacBride abstained. PUBLIC HEARING: AP/Searcy addressed the Commission regarding the request from the applicant, Paul Kaitz, to remove Admin. DR 92-1/ one oak tree in conjunction with the construction Oak Tree of a single family residence of approximately 9,101 Permit 92-1 square feet, and to obtain Administrative Development Review Approval on the residence. The Administrative Development Review project was forwarded by the Director of Planning to the Planning Commission to be reviewed in conjunction with Oak Tree Permit No. 92-1. AP/Searcy reviewed the. features of the single family residence proposed, as indicated in the staff report. He further reviewed the Conditions of Approval listed in the Resolution, which entails the findings for the Administrative Development Review and the Oak Tree Permit. Staff suggested the conditions, of the Oak Tree Permit, include the relocation and maintenance of the tree, as well. DCA/Curley, in response to C/Flamenbaum's inquiry regarding 5.4 of the Resolution, concurred that the actual authority or application of the local private CC&R's is out of the Commission's jurisdiction, and should be stricken. However, the remainder of the section, as far as compliance with the State and City laws, is within the Commission's jurisdiction. The Public Hearing was declared open. Paul Kaitz, residing at 23608 Falcon View, the applicant, stated that he has followed all the recommendations, regulations, and design standards to get the house approved. He has agreed to move one of the trees, that is within house boundaries, and replace it at a 6:1 ratio. Larry MacMillan, residing at 2626 Blaze Trail, made the following comments objecting to the project: there has already been 2 other Oak Trees removed; the tree should be left and the house built around the tree; the replacement trees take a long time to February 24, 1992 Page -5 be as big as the original tree; and the project proposes placing a 9,000 sq. ft. house between 3,000 and 51000 sq. ft. homes. The Public Hearing was declared closed. Chair/Grothe, noting the massiveness of the sheer walls on each property line, suggested hat side yard set back standard be increased as tl,.e size of the house increases, or, at least, re ire that there be a break up of the side elevations. AP/Searcy, in response to a series of Commission inquiries, stated the following: the proposed setbacks are 10 feet and 10 feet; the Development Standards call for alternating 5 and 10 foot setbacks; and the MacMillan property is about 7 to 10 feet from the project's property line. Chair/Grothe called a recess at 8:0o p.m. to allow the Commission time to review the site plans. The meeting was called back to order at 8:11 .m. Chair/Grothe suggested that all projects should be required to have the architectural designs carry around the house completely. The Develop ent Code, or the Design Code, should be modified to include a provision requiring relief from the soid sheer massing at the side of the house. C/Harm.ony inquired what method is being proposed to ensure the Oak Tree's survival upon moving it to the applicant's other property. He further inquired why the multiple trunk tree is e empt. AP/Searcy explained that the tree ordinance, recommended by the Commission, has not yet been enacted. The code being used is the one adopted from the County of Los Angeles. Paul Kaitz indicated that he has not la ked into methods of moving the Oak Tree. His proje t should be considered under the current guidelines, not those yet to be in effect. DCA/Curley stated that the currently adoptad design review ordinance provides the Commission the authority to condition, or amend, project submittals_ When reviewing the Oak Tree standards, the Commission should rely on the current code. CD/DeStefano stated that, in his opinion, the multi -trunk oak tree does fall under the cnfine of the existing tree ordinance, and the proposed February 24, 1992 Page 6 ordinance. The Commission has full discretion to approve, disapprove, and condition in any means deemed appropriate in allowing for the removal of an oak tree. Chair/Grothe recommended that the item be continued with the following direction: the project be brought back with a design that breaks up the massing of the side elevations; the design carries the architectural features around the house; it should be determined, in the design review, if the house can be built around the oak tree that is on the edge of the project; and the oak tree in the center of the lot will have to be removed, if feasible, and relocated in the community. C/Flamenbaum, noting that the project would not have come before the Commission had it not been for the removal of the oak tree, stated that the purview of the design in single family homes should be left with the architectural review committee of the Country. Motion was made by C/Flamenbaum, and seconded by VC/MacBride to approve the Resolution, under Administrative Development Review 92-1/Oak Tree Permit 92-1 as modified in section 5-4, and to include that the multi trunk tree be relocated. Chair/Grothe restated the importance of developing minimum standards requiring architectural features to be carried around the house, and requiring relief to the massing. For this specific project, the architect should be requested to address those issues. AP/Searcy, in response to C/Harmony, confirmed that the project has been reviewed, and approved by the Country's architectural review committee. VC/MacBride noted that the Motion before the Commission is dealing with the two Oak trees, and not additional architectural features. CD/DeStefano stated that the Commission could condition the approval of the home on the condition that the refinements to the architectural treatment be brought back to the Commission for review and final consideration. The Commission voted on C/Flamenbaum's Motion. AYES: COMMISSIONERS: Flanenbaum and MacBride. NOES: COMMISSIONERS: Harmony and Chair/Grothe. ABSENT: COMMISSIONERS: Schey. February 2$, 1992 Page 7 DCA/Curley advised that, upon revieu of the California law, it has been determined that a tie is a "no action", and the issue is open for reconsideration. Motion was made by Chair/Grothe, se onded by VC/MacBride and CARRIED UNANIMOUSLY to ca tinue the matter to the next meeting, inserting C/Flamenbaum's two previous recommendations into the Resolution. Architectural treatments and relief from massing on the side elevatins should also be addressed. TT No. 51079/ AP/Searcy reported that the application before the Amendment to Commission is for a Tentative Tract Map No. 51079 CUP 89-551 and an amendment for CUP 89551. The tentative tract map is for the subdivision of an apartment complex, currently under development, and located at 800 S. Grand Avenue, for conversion to condominiums. The amendment to the CUP would address a change in some of. the arcli1tectural features and amenities needed to convert to condominiums, as is indicated in the staff report. The Sheriff Department remains concerned about the frequency of auto theft at multi -family r sidential projects. Therefore, it is suggested that the Commission look into including the incorporation of garages into this subdivision, for aesthetic reasons, and for the reduction for potential theft. A��/Searcy then reviewed the components of the project, which include landscaping, traffic, and park fees, as indicated in the staff report. Based on the nature of this proposed project, the Mitigated Negative Declaration prepared for the CUP 89-551 has been determined to be adequate for this project, in that no additional negative impacts will be created by this proposal. Staff recommended that the Commission continue the public hearing to the March 9, 1992 meeting pending receipt of comments from the City Engine . CE/Mousavi explained that the City has .3 days to respond to an applicant's submitted application and to request additional information, if deemed necessary. Upon receipt of the required information, the Map Act requires the City to respond within 50 calendar days. At this ime, the engineering department is still waiting for additional information from the traffic impact report. It is unfair to the Planning Commission, and the applicant, to have a public hea ing with lack of conditions from the engineering department. He was not made aware of the schedul d public hearing until last Wednesday. Upon discussion with February 24, 1992 Page a the Planning Director, there will be a coordinated effort to assure that all conditions are available to the Commission for a public hearing. C/Flamenbaum suggested that the public hearing be continued to allow staff adequate time to review, and present all the information to the Commission. DCA/Curley, responding to C/Harmony's concern, stated that upon a change in the law, the 50 days commences from an environmental determination. Because of this, we reference the CEQA timelines indicating a 180 day period to respond. It appears that the environmental position relies on a mitigated negative declaration. identifying the environmental issues, at this time, are unclear. Because the Commission will not be making any determinations on it, the 50 day timeline wouldn't be running. Using the 180 day timeline, the project is about half way through from the time of the initial application. it is advised, however, that the Commission receives the applicant's consent to the extension. Ricky Chang, residing at 2425 Laurel Parker, explained that, after hearing from staff that the community didn't like the apartment building and it's proximity to the street, the partners decided to subdivide and change to condominiums, landscape the frontage more extensively, and stucco all of the retaining walls. He gave his concurrence to extend the project to the March 9th meeting. The Public Hearing was declared open. C/Harmony questioned the impacts of condominiums versus apartments, as it relates to low cost housing requirements for the City. CD/DeStefano stated that the information regarding the rental structure, and the unit price, or how those numbers relate to the Diamond Bar market, is unavailable. There will be a better opportunity to review, and make decisions on that issue when the Housing Element is adopted. The City will not gain "credit" for achieving the goals of the housing element until the elements are adopted. CE/Mousavi, in response to C/Harmony, confirmed that one of the two driveways proposed, of the potential hospital across the street, will align with the cut in the center median and the driveway of this project. February 24, 1992 Page 9 C/Harmony requested that a well developed landscaping plan, and the CC&R's, come back with the project. VC/MacBride concurred that a sophisticated planting system along the entire length of the project, adjacent to the roadway, would be helpful. Motion was made by C/Flamenbaum, se nded by C/Harmony and CARRIED UNANIMOUSLY to co toinue the matter to the meeting of March 9, 1992. Chair/Grothe called a recess at 9:16 .m. The meeting was called back to order at 9:30 p.m. Tentative Parcel AP/Searcy addressed the Commission regz Map 22986/ request made by the applicant, Ed an DR 92-1 Jaworsky, to subdivide an existing two 1, located at 23475 Sunset Crossing, to r, the lot lines for a new two lot subdivisi .construct a two floor office building app: 6,000 square feet in size, with park -ii lower level and office space on the upl Upon the Commission's direction, at the 1991 public hearing, a traffic report prepared by the applicant, and the fine submitted, and reviewed by the Traffic Ci AP/Searcy reviewed the poject anal indicated in the staff report. .ding the I Shirley t parcel, configure ,n, and to oximately g on the �r level. Karch 11, has been Ings were remission. ,sis, as Following discussion, AP/Searcy explained that the structure will have 18 parking spaces, which calculates at 1 parking space for every 330 square feet. This project exceeds the threshold for the general commercial office, which is 1 per 400. CE/Mousavi, responding to C/Flamenbaum concern if the structure is particularly sensitive to earthquakes, confirmed that there has been preliminary soils and engineering studies. Staff will be making recommendations for conditions of the project. The Public Hearing was declared open. David Yeoul, designer of the proposed building, residing at 140 Yolinda Place, Brea, summarized the changes made to the project: the 18 parking spaces will be leased to the LA Fitness Center for employee parking during the evening; the traffic analysis, approved September of 1991, indicates that the right turn only out of the de elopment mitigates the previous traffic concerns; and to reduce massing, the heighth off average finished February 24, 1992 Page 10 grade has been reduced by 5 feet, and more trees are planted behind the building. In response to C/Flamenbaum, he explained that the project provides ground level parking with openings in the wall for ventilation. Fred Janz, residing at 2583 Shady Ridge, confirmed that LA Fitness has leased the parking spaces. DCA/Curley explained that the applicant has submitted a Tentative Map and a Design Review in response to the Commission's concern with the original CUP 90-1025. It isn't necessarily appropriate to apply the earlier CUP comments to this application because it is a different application. He further stated that, for the record, VC/MacBride is, again, excusing himself from participating in this board's deliberation because he resides within the noticing radius. Elizabeth Mejia, residing at 2351.3 sunset Crossing Road stated the following concerns: the increase in traffic; the proximity of the project to her property; the effects toward the value of the a property; the heighth of the building; the noise level; and the effects of the construction. Joe Becker, residing at 428 Willowpaw, stated the following concerns: the aesthetics of the building looking down upon it; 18 additional parking spaces will not mitigate the parking problem; he questioned the method used in calculating the site distance in the engineers report; he has witnessed two accidents in the area; and he suggested red lining the entire curb. Joe LaRutta, residing at 2546 Sunbright Dr., pointed out that most of the concerns stated is directed at the traffic congestion caused by LA Fitness. If the owner of this project is allowing LA Fitness to use the parking spaces to accommodate 18 vehicles, at least that's 18 vehicles less off of the street. Roger Mejia, residing at 23513 Sunset Crossing, stated his concern for the increase in noise from the use of the parking structure at night. Hoi Li, the project traffic engineer, confirmed the accuracy of the traffic report, and explained how the site distance was measured. No accidents were indicated in the Sheriff's traffic report from July 1, 1989 to July 25, 1991. February 24, 1992 Page 11 Heidi Janz, residing at 2683 Shady Rid e, stated that the new parking structure will essen the congestion caused by LA Fitness. Thn traffic coming down the hill is from the residents, not the new building. The Public Hearing was declared closed. C/Flamenbaum requested an architectural rendering of what the building will look like into the hill, both from Sunset Crossing and above. Chair/Grothe, after the Commission reviewed the pictures presented by the applicant, requested pictures that show an elevation from tie street, how this building will look next to the rsidences, and an elevation from the back. CD/DeStefano, in response to C/Harmony's concern regarding the structure's mass on the doT ward side of the slope, explained that the development standards, contained within the Hillside Ordinance, are generally set aside for larger projects. While the intent of the Ordinance would not be to design this type of building, the specific hillside guidelines don't actually come into pla on this specific application. There is an exem tion that deals with smaller, existing parcels of properties. C/Harmony stated the following concerns: the zoning density is an issue; the structure is massive; the structure is mostly retaining walls; commercial and residential uses are being mixed; the parking lot is now full; and there may be a line of site, however, the street remains dangerous. Motion was made by C/Flamenbaum, seconded by C/Harmony and CARRIED to continue the m Iter for two weeks, and to request that an arc itectural rendering, of how the building appears on the site, be provided. VC/MacBride abstained. INFORMATIONAL C/Flamenbaum indicated that the draft "White Paper" ITEMS: is a consolidation of the input received by the Commission. White Paper C/Harmony submitted a copy of his remorandur, responding to the items drafted in the "White Paper". The Commission discussed some of the iters stated in C/Harmony's memorandum., and some of the items of concern stated in the draft "White Paper". February 24, 19.92 ANNOUNCEMENT: ADJOURNMENT: Page 12 The Commission concurred to review the draft "white Paper" item by item, and made the following changes; 1. Traffic - the wording is suitable; 2. City Ordinances should be enforced and, "who is responsible for the gorilla" should be included; 3. the Use of Consultants - use VC/MacBride's original language; 4. Redevelopment Agency - the wording is suitable; 5. CC&R's - add "a policy of cooperation with Diamond Bar associations and the like"; and take the last sentence and move it to architectural review; 6. the wording is suitable; 7. the wording is suitable; 8. add an item encouraging an improvement in communication between citizens of Diamond Bar and City Government; 8a. strike the word "city", and reword to enumerate school and private facilities as well.; 8b. C/Harmony opposed "take responsibility and ownership" in this item; 8c. through Be. the wording is suitable; 8f. add idea that "user fees are fairly and evenly assessed"; strike the last sentence; and delete the conclusion. C/Harmony updated the Commission regarding the Hills Club's party incident. Motion was made by C/Flamenbaum, seconded VC/MacBride and CARRIED UNANIMOUSLY to adjourn the meeting at 11:10 p.m. Respectively, 'l1v dames DeStefanr` Secretary CITY OF DIAMOND BAR MINUTES OF THE PLANNIRG COMMISSION MARCH 9, 1992 CALL TO ORDER: Chairman Grothe called the meeting to ord r at 7:07 P.M. in the South Coast Air Quality Management District Board Meeting Room, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of All glance by ALLEGIANCE: Commissioner Flamenbaum. ROLL CALL: Commissioner Li, Commissioner Flamenb um, 'Dice Chairman MacBride, and Chairman Grothe. Commissioner Meyer was absent. Also present were Community Director James DeStefano, Associate Planner Robert Searcy, Planning Technician Ann Lungu, City Engineer Sid Mousavi, Deputy City Attorney Bill Curley, and Contract Secretary Liz Myers. MATTERS FROM Ken Anderson, residing at 2628 Rising tar Dr., THE AUDIENCE: stated that he had misunderstood, at the February 10th public hearing, that the SpeeDee lube project had been approved by the Planning Commission, and that there was not to be further public comments received in the following Planning ommission meeting. He stated his concerns regarding the project: the traffic pattern; the monum nt sign; the increase in noise; the inadequate parking; and pedestrian safety. Chair/Grothe, reiterating the information relayed to Mr. Anderson at the February 24th meeting, explained that an appeal may be filed to the City Council, at the City Clerk's office, within 14 days of the date of the Planning Commission's decision. Chair/Grothe welcomed C/Li to the Commission, as well as C/Meyer. MINUTES: Motion was made by C/Flamenbaum, sec nded by VC/MacBride and CARRIED to approve the Minutes of Feb. 24, 1992 February 24, 1992. C/Li abstained. Meyer Absent. CONTINUED AP/Searcy reported that, at the last Planning PUBLIC HEARING: Commission public hearing meeting of February 24, 1992, the Commission stated the following oncerns: Administrative the maintenance and replacement of the oak trees; Development and the massive unobstructed design of the Review 92-1/ residence side elevations. Staff has d termined Oak Tree Permit that the single trunk oak tree does Fall into the 92-1 purview of the current oak tree rdinance permitting procedure, however, the multi trunk tree does not because the combined circumference of the tree is 33 inches, and the required total circumference is 38 inches. The applicant has acquired a licensed arborist to assisl in the relocation of the single oak tree, and d sires to March 9, 1992 Page 2 relocate the tree to his private residence within the Country. The applicant has also submitted a revised plan that identifies the use of bay window and wrap around trim to break up the massiveness of the wall. Staff has prepared a revised Resolution for approval of the project. VC/MacBride suggested section 8, paragraph 3, page 3, of the revised Resolution, indicate that the architectural plans are "revised". The architectural plans should also bear a later date so that there would be no problem identifying it in the future. CD/DeStefano suggested that, if the Commission is of the mind to approve the project, section 5.3, page 3, can be amended to indicate, 11 ... that the revised plot plan and architectural elevations identified as sheets #14 and #15, with the date of March 9, 1992, presented at public hearing of March 9, 1992, and marked as Exhibit "A"... ff. VC/MacBride concurred. The Public Hearing was declared open. Paul Kaitz, residing at 23608 Falcon View, owner of the property located at 2638 Blaze Trail, presented photos of the proposed site to the Commission. He stated that after reading the current code, he would prefer to replace the tree, with the appropriate sizes, at a 2:1 ratio, as opposed to relocating the tree. All other approvals for this job are in order and construction is ready to begin upon approval of this Commission. The Public Hearing was declared closed. AP/Searcy, in response to C/Flamenbaum, stated that the revised Resolution indicates that the oak tree should be relocated. Motion was made by C/Flamenbaum, seconded by VC/MacBride to approve the Resolution, with the modifications requested by VC/MacBride. Chair/Grothe, believing that the matter should be continued, stated that the applicant needs to address the relief of the massing of the one solid wall, which is 20 feet high and the full length of the house, before the project is approved. There should be an ordinance that addresses this issue. C/Flamenbaun, though in concurrence with the concept of reducing massiveness, stated that, in Ma.rCh 9, 1992 Page 3 this particular case, the project should be approved because the applicant did not receive adequate notice, regarding the Commission's feelings on massiveness, prior to his su mittal of the plans. In future projects, staff will notify all applicants of the Commission's viewp int. DCA/Curlie advised C/Li that, unless he feels adequately familiar with all the issues and prior testimony, he should not participate in the vote. C/Li stated that he will not participate in the vote. However, he did comment that the important key issue is that there are no clear guidelines for the Commission to follow on this particular issue. The Commission voted on C/Flamenbaum's Motion. AYES: COMMISSIONERS: Flamenbaum and MacBride. NOES: COMMISSIONERS: Chair/Grothe. ABSTAIN: COMMISSIONERS: Li. ABSENT: COMMISSIONERS: Meyer. The Motion CARRIED. TT 51079 & AP/Searcy reported that the Commission at the Amendment to February 24, 1992 meeting, directed the applicant CUP 89551 to provide staff with information related to landscape plans and a draft of the coriditions, covenants, and restrictions (CC&RIs) The applicant has provided the requested inf rmation. Upon reviewing the landscape pallet, staff would concur with the landscape plan as approved. AP/Searcy then reviewed the informal -ion, as indicated in the staff report. He further stated that staff supports the addition of garag s at the project, or a security gate at the entrap e of the site, in accordance with the comments forwarded from the Los Angeles County Sheriff De artment. However, constructing garages would requ re a lot of architectural work so that it would not be massive. The use of the proposed carports would drastically reduce that massiveness. St ff could make either issue, garages or a security gate, a condition of approval upon the Co ission's recommendation. Staff has prepared Resolutions of Approval and Conditions of Approval. Chair/Grothe requested that the City Engineer rewrite section 5.11 of the Resolution to 'nclude a Reimbursement Agreement, instead of namin all the entities for consideration by the commiss on. C/Li suggested that the lot number be give instead of naming the Diamond Bar Medical Plaza. He March 9, 1992 Page 4 inquired how the park contribution amount was derived. CD/DeStefano explained the Quimby Fee process, within the Subdivision Code of the Los Angeles County, to C/Li. Subsequent to'the adoption of the County's code and ordinances in April of 1989, the City Council adopted an ordinance, in mid 1990, which changed the amount per acre in terms of formulating the total Quimby Fee. The price inserted in the County Code formula will change depending upon where the property is located, and what the value of the land is. AP/Searcy, in response to C/Flamenbaum, stated that the existing structure has been approved with carports. Constructing garages would decrease the availability of parking area, and reduce the availability of landscaping. The gate can be located where it does not directly impact the availability of open space. CE/Mousavi, in response to C/Flamenbaum's inquiry regarding the location of the gate, stated that the gate should be located at least 50 feet from the pavement in order to stack 3 cars frown the curb. There needs to be at least 3 parking spaces for guests, as well. There is adequate space to accommodate different alternative gate designs. AP/Searcy confirmed that the gate could be located at the end of the first building by the entrance. C/Flamenbaum recommended that section 4.9 of the CC&R's be amended to include a mediation arbitration clause so that alternate dispute resolutions are provided. The Public Hearing was declared open Ricky Chang, applicant, residing at 24250 Barker Dr., made the following comments: they intend to increase their recreation area, and request that the area be deducted from the park contribution formula; if the parking structure is increased, then the parking area is decreased, therefore, only 54 parking spaces can be implemented; he requested that they just pay their share of the signal, or perhaps not use a signal until the others start development; and he requested that the gate be omitted if the 54 garages are implemented. March 9, 1992 Page 5 Chair/Grothe pointed out that tM existing condition states that the signal be installed prior to the completion of the project. C/Flamenbaum, noting that garages are often used for storage rather than parking, suggested that a security gate be installed and that darports be implemented. CE/Mousavi, in response to C/Li, stated that, to his understanding, a traffic signal was condition for the approval of the apartment building. Since the number of units remain the same, and the traffic generation for apartments and condominiums are very similar, then the need for he signal would remain. C/Li asked the applicant which would be better for the project, garages or carports. Ricky Chang stated that they would be satisfied with implementing the garages, if they are allowed to construct only 54 garages. The Public Hearing was declared closed. Chair/Grothe called a recess at 8:36 p.m. The meeting was called back to order at 8:4E p.m. Chair/Grothe stated that since most garages are used for storage rather than parking, he would recommend the use of carports with a security gate. However, the project should also incorporate a minimal size storage facility, and a lockable bike rake. The Commission concurred. CD/DeStefano, in response to the commission's inquiry regarding the appropriate location for the gate, stated that, subject to review by the City Engineer, it would appear that the gate would be 80 to 90 feet from the street right-of-way. If the project is approved, it should be Conditioned to incorporate as many guest parking spat s on the "public side" of the gate, as possible. Chair/Grothe suggested that the Reso ution be amended to include the following: ite s 1-8 of interior additions, and item 1 of exterior additions from the staff report from the February 24th meeting; carports; a security gate; and omit garages. CE/Mousavi read the revision to the Secod portion of condition 920 of the traffic section: "When the March 9, 1992 Page 6 lot, located at 887 Grand Ave., becomes approved, a fair, share cost will be developed for said signal based upon confirmation of the generated traffic data, in proportion to each projects traffic share at such time the property owner of 800 S. Grand would receive refunds in accordance with the City approved reimbursement agreement.". CD/DeStefano stated that, based upon the Commission's discussion, it would appear the following changes to the CUP Resolution would be appropriate for consideration: page 2, subsection B.2 should be reworded to indicate, "...that the environmental analysis conducted previously, specifically the Negative Declaration prepared for CUP 89-551, and previously certified, does not require supplementation, amendment, or subsequent analysis in compliance with the ..."; page 3, subsection 5, be amended to indicate, "...subject to the following restrictions as to use, subject to the conditions set forth in section 6, hereafter; page 4, subsection 5.11 should be reworded as outlined by the City Engineer; condition 16 -should be restated to indicate, "...CUP 89-551, not superseded by this Resolution, shall be incorporated herein by reference."; condition 17 should be amended to read, "...or the in -lieu fee of $164,333 prior to the recordation of the final map."; add condition 19 to state, "The applicant shall prepare and provide a new site plan reflecting a vehicular and pedestrian gate at the front entrance to the site, and approximately 8 parking spaces located near said front gate."; condition 20, "The applicant shall provide draft CC&R's to the City for review and approval by the City Attorney prior recordation of the map."; condition 21, "The applicant shall incorporate the interior and exterior improvements as listed in the February 24, 1992 staff report." (those issues will be specifically listed if the Commission concurs with the additional conditions); subsection 6 should be renumbered subsection 7; the new subsection 6 should read, "This Resolution shall be null, void, and of no effect, if the Council of the City of Diamond Bar fails to approve Tentative Tract Map 51079, as described in the Resolution of the City of Diamond Bar Planning Commission and Resolution 89-551 shall remain in full force and effect.". C/Flamenbaum requested that the Planning Director also review the CC&R's for a consistency with the draft, as presented tonight. He would also like to March 9, 1992 Page 7 see the inclusion of some alternative esolution dispute in subsection 4.9 of the CC&R's. Chair/Grothe requested that the Resolution also include a condition requesting some plant ng of ivy along the walls. C/Flamenbaum requested that the Reso ution be drafted and returned to the Commission, a the next meeting, without public comment. Motion was made by Chair/Grothe, seconded by VC/MacBride and CARRIED UNANIMOUSLY to direct staff to prepare a Resolution incorporating the changes, as outlined, for the Commission's consideration, for the next meeting. CD/DeStefano indicated that Tentative 51079 has similar changes needing to be m. the Resolution: subsection b should be to subsection 7; subsection 5 should x recommendation of this Commission is Gond. the approval and existence of Planning ( Resolution No. XX, which amended CL converting an apartment complex to a c< subdivision."; and change condition # 1 Planning staff condition, and condition the Director of Public Works. to re: language as previously outlined by the D: Public Works regarding said condition #1: 'ract Map de within enumbered '_ad, "The tioned on ommission 89551, ndominium ., of the X20, from lect the rector of and #20. Motion was made by Chair/Grothe, sec nded by C/Flamenbaum and CARRIED UNANIMOUSLY to aid direct staff to redraft the resolution and recomuendation to the City Council for approval of Uract Map 51079, as directed and bring the matter to the commission on March 23, 1992. Tentative Parcel AP/Searcy reported that the applicant has requested Map 22986/Devel. an additional continuance to the March 23, 1992 review 92-1 Planning Commission meeting in order that the previously requested information can be provided to staff in a timely fashion for review and comments prior to the hearing. DCA/Curley, in response to Chair/Groth , stated that the Commission may either consent, to the request of the applicant, or alternatively take an action on the application The Public Hearing was declared open. Fred Janz, residing at 2485 Shady Ridge, a stated that the proposed building is lower piicant,than the March 9, 1992 Page 8 neighboring house. If necessary, plants and shrubs could be planted to hide the building, though there are no windows on that side of the house. He indicated that he has no objection to a continuance. Elizabeth Mejia, residing at 23513 sunset Crossing, requested that the applicant be required to provide photos indicating how it would look in the proposed slope area. Roger Mejia, residing at 23513 Sunset Crossing, stated that though there are no windows on that side of the house, the proposed building will block the view from the front of the house. The Public Hearing was declared closed. Chair/Grothe called a recess at 9:25 p.m. The meeting was called back to order at 9:31 p.m. The Public hearing was declared open. Motion was made by C/Flamenbaum, seconded by Chair/Grothe and CARRIED to continue the matter to the March 23, 1992 meeting, to allow the applicant time to submit the requested renderings. AYES: COMMISSIONERS: FIamenbaum, and Chair/Grothe. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: Li a n d MacBride. INFORMATIONAL CD/DeStefano informed the Commission that the ITEMS: "White Paper" has been finalized and forwarded to the City Council in preparation for the joint study session scheduled for March 24, 1992. CD/DeStefano distributed a copy of the plan for Resource Management, a component of the General Plan, which outlines the style that will be utilized for the development of the final General Plan. The document has been approved by the Parks and Recreation Commission, but not, as yet, by GPAC. CD/DeStefano recommended that the meeting be adjourned to March 23, 1992 at 6:00 p.m. for the purpose of conducting a study session on the Genera. Plan. March 9, 1992 Page 9 VC/MacBride stated that he will be unable to attend the March 23rd meeting due to a cheduling conflict. Chair/Grothe requested that staff plat , an the next agenda, a discussion on the procedure and policy of the Planning Commission. The Commission concurred. Chair/Grothe further requested that there also be discussion, on the next agenda, addre sing the issue of massing on the side of properties and architectural style. CD/DeStefano recommended that the item be agendized, within the next two meetj.ngs, for specific discussion in terms of direction, which would then lead to staff amending the existing Design Review ordinance and/or the creation of a Commission subcommittee to deal with the issue. CD/DeStefano stated that the City Council will be reviewing the Tree Ordinance tomorrow. He further stated that the dry cleaning project, approved by the Commission, was appealed and will be reviewed by the City Council to decide upon the merits of that appeal. ADJOURNMENT: Motion was made by VC/MacBride, se onded by C/Plamenbaum and CARRIED UNANTMOUSLY to adjourn the meeting at 9:48 p.m. to March 23, 1992 at 6:00 P.m., for a study session on the General Plan. Respectively, ^ b J"es DeStefano Secretary/Planning Commission t-test: ack Grothe Chairman PUBLIC COMMENTS: Leslie Stoltz, residing at 1755 Ano Nuevo, and Judy MacFadden, residing at 1344 Spruce Tree Expressed their concern that the traffic pattern at the Maple Hill Elementary School is hazardous to the school children. They inquired if the Commissi n could advise them how to mitigate the situation. Chair/Chavers stated that the traffic situation at the Maple Hill Elementary School was revie ed about two years ago, and some changes were made at that time. He requested staff to determine what changes had been made, and to revisit the site to determine the changes in the traffic patterns. The natter is to be placed as an agenda item for the next meeting. It is suggested that the parents and the school officials attend the meeting for discussion. Leslie Stoltz informed the Commission that the "No Parking" signs posted are not being observed. Two years ago, the school had a staggered start time, however, presently, all children arrive and leave school at the same time. OLD BUSINESS: C/Beke informed the. Commission that t e sub- committee met to review the traffic situation at Restriping/ CITY OF DIAMOND BAR bossible MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION Irom the Modification FEBRUARY 27, 1992 out CALL TO ORDER: Chairman Chavers called the meeting to order at Montefino and 6:36 p.m. at the South Coast Air Quality M nagement Diamond Bar Blvd. District Hearing Room, 21865 East Copley Drive, Diamond Bar, California. sidered ROLL CALL: Commissioner Ortiz, Commissioner Bek e, Vice Chairman Gravdahl, and Chairman Chavers. Commissioner Fritz arrived at 7:24 p.m. Also present were City Engineer Sid Mousavi, Administrative Analyst Tseday Aberra, Associate Engineer David Liu, Deputy Clark, and Contract Secretary Liz Myers. MINUTES: Motion was made by C/Beke, seconded by C/Ortiz and CARRIED UNANIMOUSLY to approve the Mi Utes of Feb. 13, 1992 February 13, 1992. COMMISSION C/Ortiz and Chair/Chavers thanked staff and the COMMENTS: Sheriff Department for all the work they've done for the Commission in the last couple of Vears. PUBLIC COMMENTS: Leslie Stoltz, residing at 1755 Ano Nuevo, and Judy MacFadden, residing at 1344 Spruce Tree Expressed their concern that the traffic pattern at the Maple Hill Elementary School is hazardous to the school children. They inquired if the Commissi n could advise them how to mitigate the situation. Chair/Chavers stated that the traffic situation at the Maple Hill Elementary School was revie ed about two years ago, and some changes were made at that time. He requested staff to determine what changes had been made, and to revisit the site to determine the changes in the traffic patterns. The natter is to be placed as an agenda item for the next meeting. It is suggested that the parents and the school officials attend the meeting for discussion. Leslie Stoltz informed the Commission that the "No Parking" signs posted are not being observed. Two years ago, the school had a staggered start time, however, presently, all children arrive and leave school at the same time. OLD BUSINESS: C/Beke informed the. Commission that t e sub- committee met to review the traffic situation at Restriping/ the Century 21/Medical Plaza to determine bossible Median island solutions for a safe ingress and egress Irom the Modification driveway. One of the problems is turning right out Grand, between of the driveway. The other problem is the left Montefino and turn moves out of the driveway, and the rig t exit, Diamond Bar Blvd. plus weave to make left turns at the corner. AE/Liu reviewed the possible solutions co sidered for the right turn movements: modify or w den the February 27, 1992 Page 2 drive approach, between Century 21 and the Medical Plaza, to an alley type drive approach; and make a 10 foot stripe area, basically from Montefino Ave. to the Fire Station, creating a channelization area for an easier turning movement. There are two existing vents, belonging to Southern California Edison, at the drive approach for the Medical Plaza and Century 21. The cost to relocate the two vents and modify the drive approach is about $3,000 dollars. The cost for the other drive approach, between the Lucky Center and the Medical Plaza, is included in the Grand Ave. modification project that will probably commence next week. As a possible solution for the left turn movements, ingressing and egressing out of the site, the timing plans should be studied at the Montefino/Grand signal and the Diamond Bar Blvd./Grand signal, to possibly create a lag to hold part of the queue moving down to Diamond Bar Blvd. C/Beke stated that it was also considered creating an alley type return, and putting a center line stripe on the driveways. He suggested that the timing plans be looked at by DKS as a project. Chair/Chavers suggested that prohibiting the left turn movements on Grand, during peak hours, be considered, particularly from Grand into the driveways. AE/Liu stated that the owners of the driveways have not yet been approached regarding funding for the driveway modification. Motion was made by C/Beke, seconded by VC/Gravdahl and CARRIED UNANIMOUSLY to recommend to the City Council to proceed with the modifications of the three driveways, and the two utility vents on Grand Ave., to facilitate right turns out of the Century 21/Medical Plaza and to create a 10 foot channelized island along the curb from Montefino to past the Fire Station/Library. AYES: COMMISSIONERS: Beke, Ortiz, VC/Gravdahl and Chair/Chavers. NOES: COMMISSIONERS: None. ABSENT: COMMISSIONERS: Fritz. Motion was made by C/Beke to explore the timing sequence between the Montefino Ave./Grand Ave. and the Diamond Bar Blvd./Grand Ave. intersection to see if we could do something to create a break in the queue between Montefino Ave. and Diamond Bar Blvd. by adjusting the timing. February 27, 1992 Page 3 Chair/Chavers suggested that C/Beke's m tion be tabled until the other recommendations ave been completed, and observed. C/Beke suggested that DKS study the project, if funding is available. CE/Mousavi stated that there has been discussion regarding the possibility of the synchronization of the signals on Grand Ave. There's money available as part of that pilot program. Chair/Chavers, in response to VC/Gravdahl inquiry regarding prohibiting left hand turns exiting the Century 21/Medical Plaza, suggested tha it be considered when no other alternative exists. Motion was made by C/Ortiz, seconded by VC Gravdahl and CARRIED UNANIMOUSLY to table C/Beke's first motion. Summitridge/ CE/Mousavi reported that the sub -committee met to Brookwood evaluate the circulation problems in the Summitridge/Brookwood community. He reviewed the recommendations made: restripe the old, faded striping; installing bop dots (whitemarkers); installing 25 mph speed limit signs in certain areas; red curbing; centerline yellow stri ing; and studying the intersections of Thunder Trail/Summitridge, Brookwood/Long View, and Brookwood/Summitridge for stop signs. Currently, there are funds available in the budget to do the suggested projects. VC/Gravdahl informed staff that the stop sign at Carpio is set back too far, there's no s op bar, and it's visibility is hindered by a tree Also, there is no sign posted for the Fire Station in the area. Motion was made by Chair/Chavers, sec nded by C/Ortiz and CARRIED to direct staff to proceed with the striping, the guide signs, the bop dots, design effort notification, and to initiate t1ie count program for the stop signs previously in icated. The information is to be brought back to the Commission when it is available. AYES: COMMISSIONERS: Ortiz, Beke, VC/G avdahl, and Chair/Chavers. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: Fritz. White Paper AA/Aberra reported that, at the last meetng, the Chairman requested that the Commission members February 27, 1992 Page 4 provide additional input to the items in the draft "White Paper". Chair/Chavers distributed copies of the draft "White Paper", and indicated that it is a consolidation of the input received from the Commission. Chair/Chavers called a recess at 7:30 p.m. to review the item. The meeting was called back to order at 7:35 p.m. VC/Gravdahl -suggested that item #16, referring to speed humps/bumps, have an attachment. Chair/Chavers maintained that the issue of speed humps/bumps should not be decided at the Commission level, but be discussed at a higher and broader level. The Commission briefly discussed the issue of speed humps/bumps. They concurred that any further discussion should be separate from this item. Motion was made by C/Fritz, seconded by C/Ortiz and CARRIED UNANIMOUSLY to present to the City Council this finalized "White Paper". AYES: COMMISSIONERS: Ortiz, Beke, Fritz, VC/Gravdahl, and Chair/Chavers. NOES: COMMISSIONERS: None. ABSENT: COMMISSIONERS: None. Speed Humps/ Bumps AA/Aberra reported that the comments made by the City Attorney, regarding the issue of speed humps/bumps, has been forwarded to the Commission, as requested. Deputy Clark stated that the two different cities' traffic committee meetings he has attended, nobody has been in favor of speed humps/bumps. C/Beke and C/Fritz stated that the City Attorney has already stated his view, opposing the use of speed humps/bumps, to the. Council. There is no reason for the Commission to dispute this. Chair/Chavers pointed out that it is up to the Council to create a policy one way or the other. The burden should not be upon this Commission. Motion was made by C/Fritz, seconded by C/Beke and FAILED to recommend to the Council that they adopt a policy which is against the installation of speed February 27, 1992 Page 5 humps based on the advise from Council would enhance the liability of the City, recommended that the decision be made in hearing fashion. AYES: COMMISSIONERS: Beke and Fritz. NOES: COMMISSIONERS: Ortiz, VC/Gravdz Chair/Chavers. ABSTAIN: COMMISSIONERS: None. that it It is a public and VC/Gravdahl indicated that it was suggested by two Councilmembers that all documentation, pro and con, be attached to item #16 of the "White Paper" for discussion at the study session. CE/Mousavi, in response to C/Beke, stated that staff has received various requests for speed humps. One request was denied by the Co fission. The other requests are pending discussion by the Commission regarding this issues. C/Fritz stated that, to conserve the Commission's time, a policy should be established one WZLY or the other. He suggested that item #17 be added to the "White Paper", as a speed hump item, eNplaining that opinion is divided. Motion was made by C/Fritz, seconded by VC/Gravdahl and CARRIED UNANIMOUSLY to add item #17 to the "White Paper" relating to speed humps, which in effect states that speed humps have come up frequently as a request, and opinions are divided both on the Commission, and in the literature, and we think that given the frequency with which the issue comes up, the City should have formally a policy position on whether or not speed humps are an appropriate traffic control measure. The matter is to be tabled until after discussion with the Council with the "White Paper". AYES: COMMISSIONERS: Beke, Ortiz, Fritz, VC/Gravdahl, and Chair/Chavers. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. CE/Mousavi stated that staff will infom those requesting speed humps that the issue s being considered. TTC CE/Mousavi reported that, as per Commission's Sub -committee request, this item was placed on the agenda for a five minute discussion on determining if it is desired to have a sub -committee hand' a some transportation issues, or if it should remain handled by the Commission as a whole. February 27, 1992 Page 6 The Commission discussed ways to make the transition work. Chair/Chavers offered to meet with staff and sketch out a design. Motion was made by C/Beke, seconded by VC/Gravdahl and CARRIED UNANIMOUSLY to accept staff's recommendation contingent upon Chair/Chavers' approval. AYES: COMMISSIONERS: Beke, Fritz, Ortiz, VC/Gravdahl, and Chair/Chavers. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. NEW BUSINESS: AA/Aberra addressed the Commission regarding the request for "Deer Crossing" signs on Grand Ave., Install a Deer near Golden Springs Drive. The Public Works Crossing Sign Department has researched the issue. According to Ontario's Station's records, accidents which involved deer have not been reported. The southeast quadrant of the Grand Ave./Golden Springs Drive intersection has not been identified as deer passage by the Department of Fish and Game. Furthermore, the Pomona Humane Society report that no deceased deer were picked up within the City of Motion was made by Chair/Chavers, seconded by C/Ortiz and CARRIED UNANIMOUSLY to indefinitely table the matter, until after the formation of the new Commission, and until such time that it is appropriate to discuss it again. The Commission noted that items #1,#2 and #10, of the attached miscellaneous items included in the staff report, can be handled administratively. CE/Mousavi stated that staff will handle the items and place them on the Consent Calendar. Queuing Analysis CE/Mousavi reported that the queuing analysis shows Intersection that it is possible to create two lanes, each Pathfinder/ direction, with the right lane westbound, from Brea Cnyn. Rd. Pathfinder to Brea Canyon Rd. northbound; and the left turn from eastbound Pathfinder to northbound Brea Canyon Rd.; as well as the exclusive right turn to the freeway southbound 57. It is recommended that the Commission review the attached conceptual design and recommend the installation of the 3 -way stop signs and striping modification to the City Council. Chair/Chavers noted that the cross section at the off ramp won't work as indicated on the conceptual design. The Commission discussed ways to make the transition work. Chair/Chavers offered to meet with staff and sketch out a design. Motion was made by C/Beke, seconded by VC/Gravdahl and CARRIED UNANIMOUSLY to accept staff's recommendation contingent upon Chair/Chavers' approval. AYES: COMMISSIONERS: Beke, Fritz, Ortiz, VC/Gravdahl, and Chair/Chavers. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. NEW BUSINESS: AA/Aberra addressed the Commission regarding the request for "Deer Crossing" signs on Grand Ave., Install a Deer near Golden Springs Drive. The Public Works Crossing Sign Department has researched the issue. According to Ontario's Station's records, accidents which involved deer have not been reported. The southeast quadrant of the Grand Ave./Golden Springs Drive intersection has not been identified as deer passage by the Department of Fish and Game. Furthermore, the Pomona Humane Society report that no deceased deer were picked up within the City of February 27, 1992 Page 7 Diamond Bar, in the month of January 1992. It is recommended that the Commission deny the request. Motion was made by VC/Gravdahl, seconded by C/Beke and CARRIED UNANIMOUSLY to accept staff's recommendation. AYES: COMMISSIONERS: Beke, Fritz, VC/ ravdahl, and Chair/Chaver . NOES: COMMISSIONERS: Ortiz. ABSTAIN: COMMISSIONERS: None. ITEMS FROM C/Ortiz informed staff that there is still not a COMMISSIONERS: "No Parking" sign by the In and Out Burger. C/Fritz noted that the High School still does not have it's "Loading Zone" signs. AE/Liu stated that, as of this date, staff' has not received any money. However, per a phone conversation with a member of the School District, the money will be forthcoming. VC/Gravdahl indicated that the Metro Disabled Persons Bus Service went into service for the City of Diamond Bar on September 23, 1991. Chair/Chavers stated that, after revie ing the draft Traffic Impact/Fee Assessment Report he has found the following five fatal flaws in the recommendations contained in the document: the credits are not considered; there is no consideration of trip length; there is no consideration for diverted or passerb trips (linked trips) ; cases 3 and 4, of the fa'r share cost allocations, are unacceptable because we are charging for available capacity which is n3t legal under AB1600; and we cannot base an im act fee structure on possible improvement. Chair Chavers noted more flaws within the document: because we used a needs based format, the entire program will have to be revisited any time any modifications are made, and therefore, it is possible that those people who have already paid into the prog am will have to be refunded by the City; the land use types are ridiculously broad; the cost projections are primitive; the statistical accuracy of the model will not be able to achieve .02; there are many mistakes in the ICU calculations; and he qu stioned the veracity of the model itself. Chair/Chavers suggested that the Re ort be reworked. He further encouraged that a Consumptive Model Approach be used instead of a Nees Based Format. February 27, 2992 Page 8 ITEMS FROM STAFF: CE/Mousavi reported that GPAC is finishing up their comments on the draft General Plan. Staff will forward a copy of the Traffic Circulation Element to the Commission when it is available. The item is scheduled for discussion at the April 9th Commission meeting. CE/Mousavi stated that three consultants have been interviewed for the Transit Route Study. Staff is in the process of negotiating with one of them. CE/Mousavi reported that Diamond Bar has been asked if we would consider Grand Ave. for the synchronization programs that may link into Amar, in the City of Walnut, and go westward. The item will be on the next meeting's agenda for discussion. C/Fritz noted that there are cars parked on the overpass, by the 60/57 freeway, on Grand Ave. Deputy Clark stated that it will be looked in to. ADJOURNMENT: Motion was made by C/Beke, seconded by VC/Gravdahl and CARRIED UNANIMOUSLY to adjourn the meeting at 8:44 p.m. Attest: Todd Chavers Chairman Respectively, Sid Mousavi Secretary/Traffic INTEROFFICE MEMORANDUM DATE: March 20, 1992 TO: Robert L. Van Nort, City Manager FROM: Sid J. Mousavi, Public Works SUBJECT: Bi -Weekly Street Sweeping Evaluation As requested by Mayor Kim, the department is providing an ev tion of the City's biweekly sweeping schedule that was adopt January, 1992. The evaluation criteria is: 1. Citizen Perception 2. Staff Observations 3. Cost Effectiveness Citizen Perception Lua- I in Of paramount concern upon inception of the bi-weekly sweeping schedule was the citizens perception of service levels within the City. Every indication to this point has been that public percep- tion of the service level has not changed. It is significant that the period of time when the bi-weekly program was instituted was early winter when heaviest leaf drop due to winter tree dormancy would occur. If complaints were going to be forthcoming, they would have developed during this season. The department has re- ceived perhaps eight calls regarding street sweeping since Janu- ary. All of these calls related to "missed sweeping". When the callers were informed of the bi-weekly schedule there were no eg- ative comments. Staff Observations Staff has monitored the cleanliness of the City streets closel to evaluate the effectiveness of the program. Generally there has been no noticeable difference in the appearance of the City streets. The exception to this observation has been during periods of Santa Ana winds. It has been observed that when the winds blew during the off week of sweeping that the debris did remain in the streets for the one week period. It should be n ted that this situation did not generate a single citizen complai t. 0 INTEROFFICE MEMORANDUM DATE: March 20, 1992 TO: Robert L. Van Nort, City Manager FROM: Sid J. Mousavi, Public Works SUBJECT: Bi -Weekly Street Sweeping Evaluation As requested by Mayor Kim, the department is providing an evz tion of the City's biweekly sweeping schedule that was adopte January, 1992. The evaluation criteria is: 1. Citizen Perception 2. Staff Observations 3. Cost Effectiveness Citizen Perception Of paramount concern upon inception of the bi-weekly kweeping schedule was the citizens perception of service levels within the City. Every indication to this point has been that public per ep-= tion of the service level has not changed. It is significant that the period of time when the bi-weekly program was instituted was early winter when heaviest leaf drop due to winter tree dorm ncy would occur. If complaints were going to be forthcoming, they would have developed during this season. The department has re- ceived perhaps eight calls regarding street sweeping since Janu- ary. All of these calls related to "missed sweeping". When the callers were informed of the bi-weekly schedule there were no eg- ative comments. Staff Observations Staff has monitored the cleanliness of the City streets closelY to evaluate the effectiveness of the program. Generally there has been no noticeable difference in the appearance of the City streets. The exception to this observation has been during periods of Santa Ana winds. It has been observed that when the winds blew during the off week of sweeping that the debris did remain in the streets for the one week period. It should be n ted that this situation did not generate a single citizen complaint. Cost Effectiveness Most predictably the cost savings of this bi-weekly program been as expected. The City's expenses for sweeping services been reduced by 500. Extrapolated costs for the six month pe from January, 1992 through June, 1992 are $43,479.26, compare actual costs of $94,131.00 for the six month period of July 1 through December 1991. The extrapolated figures for the se half of the year are based on actual expenses incurred during first two months of the period, and reflect a greater than savings. Keep in mind that rain days have prevented sweepin( several occasions during January and February, thus lowering tual expenses. Recommendation It is recommended that the City Council of Diamond Bar cont. with the bi-weekly street sweeping schedule. This recommenda• is based on the positive reaction by the City residents to service level, the staff observation of predominately clean safe street conditions and the anticipated costs savings of ap] ximately $100,000 per year with no perceived reduction in ser - levels. CJ:cj .ave .ave dod to 91, and the 50% on ac - nue ion the and •ice CITY OF DIAMOND BAR AGENDA REPORT TO: Robert L. Van Nort, City Manager MEETING DATE: April 7, 1992 REPORT DATE: March 25, 1992 FROM: James DeStefano, Community Development Director TITLE: Tentative Parcel Map No. 22102 AGENDA �O. L SUMMARY: Bryan Stirrat and Associates are requesting approval of Tentative Parcel Map (TP No. 22102 for a minor subdivision to create two (2) lots from one (1) 4.39 acre parcel, to ted at 1575 S. Valley Vista Drive, in the Gateway Corporate Center. The public hearing on ' project was closed January 21, 1992. A Resolution of Denial has been prepared for consid tion. RECOMMENDATION: Pursuant to the applicant's request, it is recommended that this proje�t be referred to the Staff. LIST OF ATTACHMENTS:—K-Resolution(s) Staff Report Public Hearing Notification X Resolution(s) — Bid Specification (on file in City Clerk's Office) _ Ordinances(s) Other _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes No by the City Attorney? MAJORITY 2. Does the report require a majority or 415 vote? 3. Has environmental impact been assessed? Yes No 4. Has the report been reviewed by a Commission? X Yes No Which Commission? 5. Are other departments affected by the report? X Yes No Report discussed with the following affected departments: Engineering City Attorney RE WED BY. yt Aov 4m*&�_o Ro L. Van Nort Terrence L. Belanger hdhes DeStefano City Manager Assistant City Manager Community Devel pm nt Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 7, 1992 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Tentative Parcel Map No. 221.02 ISSUE STATEMENT: Bryan Stirrat and Associates are requesting approval of a Tentative Parcel Map for a minor subdivision to create two (2) lots from one (1) 1.39 acre parcel, located at 1575 S. Valley Vista Drive, in the Gateway Corporate Center. The public hearing on this project was closed January 21, 1992. A Resolution of Denial has been prepared for consideration. RECOMMENDATION: Pursuant to the applicant's request, it is recommended that this poject be referred to the Staff. FINANCIAL SUMMARY: N/A The applicant's agent, Bryan Stirrat and Associates, has submitted a letter, requesting a continuance, dated March 12, 1992. Recent discussions with the property owner (Mr. Charles Blum of SEMA) concluded with his request to return the project to the City Staff in order for the applicant to revise the Tentative Parcel Map and prepare a Development Agreement for consideration. Staff concurs with this request. PREPARED BY : Ann J. Lungu, PlannincrT_echnician Attachments: Letter from Bryan Stirrat BRYAN A. STIRRAT S, ASSOCIATES CIVIL ANO ENVIRONMENTAL ENGINEERS HAND DELIVERED March 12, 1992 City of Diamond Bar 21660 East Copley Drive - Suite 100 Diamond Bar, California 91765 Attn: Mr. James DeStefano Director Community Development RE: TENTATIVE PARCEL MAP .{#22102 Dear Mr. DeStefano: JN 9( On behalf of our client, we would like to request that the above matter scheduled for the April 7, 1992 City Councilagendabe placed on the City Council agenda for April 21, 1992. This rescheduling is requested as our client will not be in town due to previously sche Juled business commitments. We appreciate the Council's favorable consideration of this request. If further information should be desired, please contact the undersigned. Respectfully submitted on behalf of S.E.M.A_: Sincerely, zIc4vtrl Richard M. Genzel, P.E. Chief Engineer c: Mr. C. Blum - S.E.M.A. Mr. Andrew Arczynski, Esq. JN 9007 t (RMG2:RMG312A) 1360 Valley Vista Drive + Diamond Bar, CA 91 765 [7141860-7777 + FAX (714) 880-80,17 RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING TENTATIVE PARCEL MAP NO. 22102, A REQUEST TO DIVIDE A 4.39 ACRE PARCEL INTO TWO LOTS AT 1575 VALLEY VISTA DRIVE WITHIN THE CM-BE-U/C ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Bryan Stirrat and Associates has filed an application for a Tentative Parcel Map described above in title of this Resolution. Hereinafter in this Resolution, subject Tentative Parcel Map Application is referred to as "Application." (ii) On April 18, 1989, the City of Diamond Bar established as a duly organized municipal corporation of th State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby ad�pting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code, amended, contain the Development Code of the County of Los Angeles currently applicable to development applications, including the Application, within the City of Diamond Bar. as (iii) Because of its recent incorporation, the City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the Application, as to General Plan consistency, pursuant to the terms and provisions of California Government Code Section 65350. 1 (iv) on December 9, 1991, the Planning Commissiol of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Application and, upon conclusi n of said public hearing, the Planning Commission adopted its Resolution recommending approval of the Application to this City Council. (v) On January 21, 1992, this City Council condt duly noticed public hearing on the Application and concludE hearing prior to the adoption of this Resolution. (vi) All legal prerequisites to the adoption of Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resol the City Council of the City of Diamond Bar as follows: 1. In all respects as set forth in the Recitals A, of this Resolution. 2. Based upon substantial evidence presented to City Council during the above --referenced public hearing, including written staff reports, verbal testimony and the r of the Application, this City Council hereby specifically f as follows: :oea a I said :his ,ed by Part this cord (a) The Application pertains to Lot 13 of T act 30379, consisting of approximately 4.39 acres within the Gateway Corporate Center - Diamond. Bar. The site is located at 1575 Valley Vista Drive and is zoned CM-BE-U/C (Commercial 2 Manufacturing - Billboard Exclusion - Unlimited Contract Zc (the "Site" sometimes hereinafter in this Resolution). (b) On October 17, 1989, this City Council adopted its Resolution No. 89-103 ratifying and reconfirmin6 the "Design Guidelines" applicable to the Gateway Corporate Cen�er - Diamond Bar. (c) The Gateway Corporate Center, as described in the Design Guidelines, is contemplated to be a mixed use office, research and development and commercial center within the City consisting of approximately 225 acres of land. The lots comprising the Gateway Corporate Center - Diamond Bar are contemplated to be relatively large lots and, specifically, the portion of the Gateway Corporate Center - Diamond Bar withi which the Site is located is designated for "Corporate Sites" for high quality office and related uses for major corporate entities_ (d) The Application as submitted would contiadict the goals and objectives of the proposed General Plan and Design Guidelines applicable to the site and would promote detrimental conditions to the persons and properties in the immediate vicinity of the Site insofar as it would create a consisting of less than .99 acres. The small size of such a would create a virtual remnant of the Site and would be out character with the properties within the Corporate Sites are the Gateway Corporate Center - Diamond Bar. 3 lot lot of a of (e) The design of the Application is not consistent with the proposed General Plan and the Master the Gateway Corporate Center - Diamond Bar which envisions integrated, cohesive development within the Gateway Corpora Center - Diamond Bar. for (f) The Application, if approved, would cre to a lot which would not be physically suitable for either the type of development or the proposed density of the development as envisioned by the Design Guidelines. 3. Based upon substantial evidence presented to this City Council during the above -referenced public hearing, and upon the specific findings of fact as set forth above, this City Council hereby finds and concludes as follows: (a) The Application is not in conformance w th the goals and policies of the proposed General Plan and the Design Guidelines for the Gateway Corporate Center - Diamoni Bar and the codes of the City of Diamond Bar. (b) Pursuant to the provisions of Californ Government Code § 65360, this City Council hereby finds and determines as follows: (i) The City of Diamond Bar is proceeding in a timely fashion with the preparation of the General Plan. (ii) There is a reasonable probabilitylthat the Application proposed will be inconsistent with the G Plan proposal being considered or studied. 4 (iii) There is a probability of substa tial detriment to or interference with the future adopted GeneraL Plan if the Application as proposed were approved and determined to ultimately be inconsistent with the General Plan. 4. Based upon the findings and conclusions set forth herein, this City Council hereby denies the Application des ribed herein. 5. The City Clerk hereby is directed to certify to the adoption of this Resolution and to forward a certified opy thereof, by certified mail, return receipt requested, to Br an Stirrat and Associates at its address of record as set forth in the Application. PASSED, ADOPTED AND APPROVED this day of , 1992. Mayor I, LYNDA BURGESS, City Clerk of the City of Di Bar, do hereby certify that the foregoing Resolution was adopted and approved at a regular meeting of the City Co the City of Diamond Bar held on the _ day of T 1992, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: N\1011%RESOPM�DB 6.8.1 5 City Clerk of the City of Diamond Bar sed, 1 of n BRYAN A. STIRRAT S ASSOCIATES P-9-2 " A" CIVIL ANO ENVIRONMENTAL ENGINEERS HAND DELIVERED March 12, 1992 City of Diamond Bar 21660 East Copley Drive - Suite 100 Diamond Bar, California 91765 Attn: Mr. James DeStefano Director Community Development RE: TENTATIVE PARCEL MAP #22102 Dear Mr. DeStefano: On behalf of our client, we would like to request Haat the above matter scheduled for 1 he April 7, 1992 City Council agenda be placed on the City Council agenda for April 21, 992. This rescheduling is requested as our client will not be in town due to previously schec uled business commitments. We appreciate the Council's favorable consideration of this request. If further info should be desired, please contact the undersigned. Respectfully submitted on behalf of S.E.M.A.: Sincerely, Richard M. Genzel, P.E. Chief Engineer c: Mr. C. Blum - S.E.M.A. Mr. Andrew Arczynski, Esq. JN 9007 (T,LMG2: RMG312A) 13613 Valley Vista Drive • Diamond Bar, CA 917654 [714] 860-7777 - PAX [714] 860-60 7 CITY OF DIAMOND BAR AGENDA REPORT AGENDA O. �^ ` TO: Robert L. Van Nort, City Manager MEETING DATE: April 7, 1992 REPORT DATE: March 18, 1992 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Golden Springs Drive/Sylvan Glen Road Drainage Systems SUMMARY: Seepage conditions have been observed along the west side of Golden Springs r rive north of Sylvan Glen Road and along the south side of Sylvan Glen Road immediately east of Golden S rings Drive. The City desires to mitigate said conditions by installing drainage systems to intercept and direr the water to appropriate drainage devices. Plans and specifications for the project have been prepared. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bir adopts the attached Resolution to approve the plans and specifications of the Golden Springs Drive/Sylvan Glen Road Drainage Systems Project and authorize the City Clerk to advertise the project for bids. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) X Bid Specification (on file in City Clerk's Office) Ordinances(s) _ Other _ _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: RE IEWED BY: A4&L,(, ? i C&�:� - 64i"02 dp&tlil obert L. Van Nort Terrence L. Belanger Sial J. Mousavi City Manager Assistant City Manager City Engineer/Public W rks Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 7, 1992 TO: Honorable Mayor and Members of the City Counci FROM: Robert L. Van Nort, City Manager SUBJECT: Golden Springs Drive/Sylvan Glen Road Drai Systems ISSUE STATEMENT The City desires to mitigate the seepage conditions along the 17est side of Golden Springs Drive north of Sylvan Glen Road and a.' -Ong the south side of Sylvan Glen Road immediately east of Go den Springs Drive. As mitigation measure, drainage systems are proposed to intercept and direct the water to appropriate drainage devices. RECOMMENDATION It is recommended that the City Council of the City of Diamond adopts the attached Resolution to approve the plans specifications of the Golden Springs Drive/Sylvan Glen Drainage Systems Project and authorize the City Clerk to advert the project for bids. FINANCIAL SUMMARY Bar and e The engineer's estimate for the construction of this projec is $18,000 and Gas Tax Funds can be utilized to finance said cost. BACKGROUND/DISCUSSION The seepage conditions at the above mentioned locations have been observed by staff on several occasions since March of 1991. The observed seepage consisted of saturated soils and free water at the toe of the slope, and free water actively seeping through the asphalt concrete pavement and construction joints within the sidewalk and adjacent curb and gutter areas. It was concluded hat the observed seepage conditions are the result of ground water flow fed by the rainfall the region experienced and excess water from irrigation and other sources of the residential development located immediately uphill and to the west of the observed wet areas. To mitigate any future seepage conditions, the City desires toins all a drainage system at each location in an attempt to intercept and direct the water to an outlet through the curb face or in o a nearby drainage device. Page Two Golden Springs/Sylvan Glen Drainage March 18, 1992 Plans and specifications have been developed. The work to be performed under the specifications consists of constructio of polyvinyl chloride pipes, clean-out assembly, parkway drains and other incidential and appurtenant work necessary for the proper construction of the contemplated improvement. Staff has prepared a tentative schedule for the various pro'ect activities. They are as follows: 1. Plans and specifications to City Council for approval and authorize City Clerk to advertise for bids. April 7, 1992 2. Bid Opening May 12 199 3. Award of Contract May 19 199 4. Notice to Proceed June 4 199 5. Start of Construction June 8 199 6. Completion of Construction June 30, 19 92 Prepared By: Sid Jalal Mousavi RESOLUTION NO. 92- A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE GOLDEN SPRINGS DRIVE/SYLVAN GLEN ROAD DRAINAGE SYSTEMS, 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 construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED specifications presented to the City of hereby approved as the specifications Drive/Sylvan Glen Road Drainage Systems, to and that the plans and Diamond Bar be andare for the Golden Spr ngs CIP-91-108. 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 speci ied in the aforesaid plans and specifications, which said advertise ent shall be substantially in the following words and figures, to it: "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 12th day of May, 1992, sealed bids or proposals for the Golden Springs Drive/Sylvan Glen Road Drainage Systems, CIP-91-108. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Dia and Bar, California 91765-4177. Bids must be made on a form provided for the purpse, addressed to the City of Diamond Bar, California, marked, "Bid for the Golden Springs Drive/Sylvan Glen Road Drainage Systems, CIP 91- 108. PREVAILING WAGE: Notice is hereby given that in accord with the provisions of California Labor Code, Division 2, Par Chapter 1, Articles 1 and 2, the Contractor is required to pay less than the general prevailing rate of per diem wages for wor a similar character in the locality in which the public wor] 1 nce 7, of is performed, and not less than the general prevailing rate of diem wages for holiday and overtime work. In that regard, Director of the Department of Industrial Relations of the Stat California is required to and has determined such gen prevailing rates of per diem wages are on file in the office of City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Co: Drive, Diamond Bar, California, and are available to any intere; party on request. The Contracting Agency also shall cause a of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the Citi Diamond Bar, not more than twenty-five dollars ($25.00) for laborer, workman, or mechanic employed for each calendar da portion thereof, if such laborer, workman, or mechanic is paid than the general prevailing rate of wages hereinbefore stipul for any work done under the attached contract, by him or by subcontractor under him, in violation of the provisions of Labor Code. per the of .rat the iley ;ted of or ess ted any aid 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 apprentces 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 journe en that will be used in the performance of the contract. The rati 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 j int 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 emp 2 registered apprentices on all of his contracts o an annual average of not less than one apprentice to a ght 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 apprentic ble 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 ith the requirements of Sections 1777.5 and 1777.6 in the employmen 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. 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 1bor 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, cashiE check, certified check, or bidder's bond, payable to the Citi Diamond Bar for an amount equal to at least ten percent (10%) the amount of said bid as a guarantee that the bidder will er into the proposed Contract if the same is awarded to him, anc the event of failure to enter into such Contract said ce cashier's check, certified check, or bond shall become the propE of the City of Diamond Bar. 3 is of of ter in sh, rty 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 a labor and material bond in an amount equal to one hundred percent (100%) 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 one 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, pl ns, and specifications of the City of Diamond Bar on file in the of J ice of the City Clerk at the City Hall, Diamond Bar, Califor ia. Copies of the plans and specifications will be furnished ipon application to the City of Diamond Bar and payment of $25.00, aid $25.00 is nonrefundable. Upon written request by the bidder, copies of the plans specifications will be mailed when said request is accompanie payment stipulated above, together with an additi nonreimbursable payment of $10.00 to cover the cost of mai charges and overhead. The successful bidder will be required to enter in contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 9-3 of General Provisions, as set forth in the Plans and Specificat regarding the work contracted to be done by the Contractor, Contractor may, upon the Contractor's request and at Contractor's sole cost and expense, substitute author securities in lieu of monies withheld (performance retention) The City of Diamond Bar, California, reserves the righ reject any and all bids. 4 and by -nal ing a the ons the the zed to By order of the City Council of the City of Diamond ar, California. Dated this day of 1992. PASSED, ADOPTED and APPROVED by the City Council of the ity of Diamond Bar, California, this day of , 1992. 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 day of , 1992, by the following vote, to it: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk, City of Di Bar, California E SCHEDULE OF PRICES FOR THE GOLDEN SPRINGS DRIVE/SYLVAN ROAD DRAINAGE SYSTEM CIP NO. 91-108 ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICES (In Figures) EXTENDED AMOUNI (In Fig res) 1. 6" P.V.C. 188 L.F. $3.50 $658.00 SCHEDULE 40 2. PARKWAY DRAIN 1 EA. $1,000.00 $1,000.00 & CURB OUTLET 3. CONNECTION 1 EA. $500.00 $500.00 FROM P.V.C. TO CATCH BASIN 4. CLEAN OUT 5 EA. $650.00 $3125 .00 ASSEMBLY 5. 4" PERFORATED 455 L.F. $2.50 $1,137.50 P.V.C. PIPE 6. P.C.C. 1,740 S.F. $3.50 $6,090.00 SIDEWALK 7. 8" CURB AND 2 L.F. $9.00 $18.0 GUTTER 8. ASPHALT 2.5 TON $30.00 $75.0 CONCRETE 9. 3/4 INCH 352 C.Y. $1.10 $167. 0 CRUSH ROCK 10. SAW CUTTING 116 L.F. $1.10 $127.(0 11. GEOTEXTILE 658 S.Y. $2.00 $1,31(.00 FABRIC 12. EXCAVATION 1 L.S. $1,430.00 $1,43 .00 13. SHORING 1 L.S. $2,200.00 $2,20 .00 TOTAL AMOUNT BID (IN FIGURES) $ $18,0 0.00 CITY OF DIAMOND BAR SPECIFICATIONS AND CONTRACT DOCUMENTS FOR GOLDEN SPRINGS DRIVE/SYLVAN GLEN ROAD DRAINAGE SYSTEMS CIP NO. 91-108 CITY OF DIAMOND BAR Jay C. Kim, Mayor Phyllis E. Papen, Mayor Pro -Tem John A. Forbing, Councilmember Gary G. Miller, Councilmember Gary H. Werner, Councilmember Robert L. Van Nort, City Manager I CITY OF DIAMOND BAR SPECIFICATIONS AND CONTRACT DOCUMENTS FOR GOLDEN SPRINGS DRIVE/SYLVAN GLEN ROAD DRAINAGE SYSTEMS CIP NO. 91-108 PREPARED BY: Dwight French & Associates 1470 S. Valley Vista Dr., Suite 225 Diamond Bar, California 91765 Tel: (714) 860-3566 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 May 12, 1992, sealed proposals for the performance of the above described services. 0 TABLE OF CONTENTS ITEMS NOTICE INVITING SEALED BIDS ............................... 1 INFORMATION FOR BIDDERS ................................... 6 PROPOSAL FORM.............................................12 SCHEDULE OF PRICES........................................14 LIST OF SUBCONTRACTORS .................................... CONTRACTOR INDUSTRIAL SAFETY RECORD ....................... AFFIDAVIT FOR CO -PARTNERSHIP FIRM ......................... AFFIDAVIT FOR CORPORATION BIDDER .......................... AFFIDAVIT FOR INDIVIDUAL BIDDER ........................... AFFIDAVIT FOR JOINT VENTURE ............................... FAITHFUL PERFORMANCE BOND ................................. LABOR AND MATERIAL BOND ................................... BIDDER'S BOND ............................................. CERTIFICATE OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION .................................... CERTIFICATE WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS AND SUBCONTRACTS .................... NON -COLLUSION AFFIDAVIT ................................... GENERAL PROVISIONS.........................................28 SPECIAL PROVISIONS FOR SUB DRAIN CONSTRUCTION..............33 STANDARD DRAWINGS......................................APPENE 5 • 11 13 15 16 17 18 19 20 21 22 23 24 25 26 27 32 47 X A RESOLUTION NO. 92- A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE GOLDEN SPRINGS DRIVE/SYLVAN GLEN ROAD DRAINAGE SYSTEMS, 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 construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED specifications presented to the City of hereby approved as the specifications Drive/Sylvan Glen Road, Drainage Systems, that the plans to and and Diamond Bar be andare for the Golden Spr ngs CIP-91-108. 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 advertisei tent shall be substantially in the following words and figures, to it: "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 o'clock A.M. on the 12th day of May, 1992, sealed bids or proposals for the Golden Springs Drive/Sylvan Glen Road, Drainage Systems, CIP-91-108. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Dia and Bar, California 91765-41.77. Bids must be made on a form provided for the purpc se, addressed to the City of Diamond Bar, California, marked, "Bid for the Golden Springs Drive/Sylvan Glen Road, Drainage Systems, CIP-91-108. PREVAILING WAGE: Notice is hereby given that in accord with the provisions of California Labor Code, Division 2, Par Chapter 1, Articles 1 and 2, the Contractor is required to pay less than the general prevailing rate of per diem wages for wor a similar character in the locality in which the public wor: performed, and not less than the general prevailing rate of diem.wages for holiday and overtime work. In that regard, 1 nce 7, not of is 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 intere ted party on request. The Contracting Agency also shall cause a opy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the Citj of Diamond Bar, not more than twenty-five dollars ($25.00) for ach laborer, workman, or mechanic employed for each calendar dair or portion, thereof, if such laborer, workman, or mechanic is aid less than the general prevailing rate of wages hereinbe ore stipulated for any work done under the attached contract, by hi or by any subcontractor under him, in violation of the provision 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 1777.5and 1777.6 of the Labor Code concerning the employment of apprent ces 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 journe en that will be used in the performance of the contract. The rati 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 an ual average of not less than one apprentice to eight journe en. 2 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 apprentic ble 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 1.777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Dire for of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Fight (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 the 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, stall be returned to the lowest bidder. 3 The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hu dred percent (100%) of the contract price thereof, and a labor and material bond in an amount equal to one hundred percent (100°) 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, Califoraia. Copies of the plans and specifications will be furnished apon application to the City of Diamond Bar and payment of $25.00, said $25.00 is non-refundable. 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 $10.00 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. I In accordance with the requirements of Section 903 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. 4 By order of the City Council of the City of Diamond 3ar, California. Dated this day of 1992. PASSED, ADOPTED and APPROVED by the City Council of the ity of Diamond Bar, California, this day of , 1 92. ATTEST: City Clerk Mayor 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 day of , 1992, by the following vote, to it: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk, City of Diamond ar, California 5 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 st ted in the Notice Inviting Sealed Bids. All bids should be ade in accordance with the provisions of the Stan and Specifications for Public Works Construction, 1991 Edi ion (with all supplements).. 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 bi der to see that the bid is received in the 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 bona in the amount of not less than ten percent (100) of the am unt named in the proposal. Said check or bond shall be ade payable to the City Clerk of the City of Diamond Bar and s all be given as a guarantee 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, shal be forfeited to the City. No bidder's bond will be accepted unless it conform 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 bider and must bear the signature in longhand of the perso 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 responsiv to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered but a telegraphic modification of any bid submitted will 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 THE PROPOSALS: In case of discren nnv R 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 Cou cil of the City of Diamond Bar reserves the right to reject an or all bids and to waive any irregularity or informality in any bid to the extend permitted by law. 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 dat of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to I ave personally examined the site and the drawings, to t ave carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficult ies 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 Dia and Bar based on ignorance or misunderstanding of the contact 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 uork under this contract until he has secured all insurance and bonds required under this section nor shall he allow any subcontractor to commence work on this subcontract until all similar insurance issued in compliance with this section shall be issued in the form, and be an insurer of the 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. 7 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 subcont2,act 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 $1,000,000 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 $1,000,000 with respect to any property damage aforeSiLid. 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 amoun of the payment 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 bsis of the prices stated in the proposal. 9. INTERPRETATION OF PLAINS AND DOCUMENTS: If any person contemplating submitting a bid for proposed contract is in doubt as to the true meaning of any part of the drawi gs, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the City a written re est for an interpretation or correction thereof. The pe son submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the cont act 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 document. 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. 8 10. DISQUALIFICATION OF 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. No award will be made to any bidder who cannot give satisfactory assurance as to his ability to carry out the Contract, both from his financial rating and by reason of his previous experience as a Contractor on work of the nature contemplated in the Contract. The bidder may be required. to submit his record of work of similar nature to that prop sed under these specifications, and unfamiliarity with the typ of work may be sufficient cause for rejection of the bid. 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 noice of the withdrawal of his bid. 12. ALTERNATES: If alternate bids are called for, the Cont act 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 respons ble bidder, consideration will be given not only to the finan ial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. 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. 7 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 City the following certificate prior to performing the work under this contract: "I am a are 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 co ply with such provisions before commencing the performance of the work of this contract." The form of such certificate is included as part of the contract documents. 16. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the City, 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 stipulted requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the prop sal guaranty. If the successful bidder refuses or fails to execute the Contract, the City may award the Contract to the second to est responsible bidder. If the second lowest responsible bidder refuses or fails to execute the Contract, the City may a and 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 - advertised. 18. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at #4380) 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 Jall 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 10 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 subcontractors shall comply with Sectin 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR). 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 -,Aork done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of 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 of the Department of Industrial Relations, Division of Labor Statistics and Research. 22. PERMITS FEES AND LICENSES: The Contractor shall posses 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 a< to commence work on or before the date of written "Notic( Proceed" of the City and to fully complete the project wii 15 working days thereafter. Bidder must agree also to pal liquidated damages, the sum of one hundred dollars ($100, for each calendar day thereafter. 11 to as 00) BIDDER'S PROPOSAL FOR THE CONSTRUCTION OF GOLDEN SPRINGS DRIVE/SYLVAN GLEN DRAINAGE SYSTEM, IN THE CITY OF DIAMOND BAR, CALIFORNIA. Date 19 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this p as principals are the following: ROAD (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co -partnership, give the name under which the co -partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any p firm or corporation. (c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both ge eral and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith. (f) That, if this bid is accepted he will enter into a wr tten contract for the performance of the proposed work with the City of Diamond Bar. (g) That he proposes to enter into such Contract and to acce t in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are estimates, and that the unit prices will apply to the actual quantities whatever they may be. 12 Accompanying this proposal is a certified or cashier's the k or bidder's bond, payable to the order of the City of Diamond Br in the sum of DOLLARS ($ Said bidder's bond has been duly executed by the undersigned b and by a financially sound surety company authorized to tra business in this state. It is understood and agreed that should the bidder fail w thin ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar, but if this Contract is entered into and said bonds are furnished, or if the bid is not accepted then said check shall be return d to the undersigned, or the bidder will be released from the bid er's bond. Address of Bidder City Zip Code 13 Telephone of B Siqnature of B SCHEDULE OF PRICES FOR THE GOLDEN SPRINGS DRIVE/SYLVAN GLEN ROAD DRAINAGE SYSTEM In accordance with specifications therefore approved by the City Council of the City of Diamond Bar the undersigned bidde is herewith submitting the following bid prices for the performance of the entire work as described in these specifications and attached drawings subject to this furnishing all materials. ITEM ITEM ESTIMATED UNIT UNIT PRICES EXTENDED OUNT nrn nPcrPTVTTnM C)TTANTTTY ( In Futures ) ( In Figu es 1. 6" P.V.C. 188 L.F. $ $ SCHEDULE 40 2. PARKWAY DRAIN 1 EA. $ $ & CURB OUTLET 3. CONNECTION 1 L.S. L.S. $ FROM P.V.C. TO CATCH BASIN 4. CLEAN OUT 5 EA. $ $ ASSEMBLY 5. 4" PERFORATED 455 L.F. $ $ P.V.C. PIPE 6. P.C.C. 1,740 S.F. $ $ SIDEWALK 7. 8" CURB AND 2 L.F. $ $ GUTTER 8. ASPHALT 2.5 TON $ $ CONCRETE 9. 3/4 INCH 152 C.Y. $ $ CRUSH ROCK 10. SAW CUTTING 116 L.F. $ $ 11. GEOTEXTILE 658 S.Y. $ $ FABRIC 12. EARTHWORK 1 L.S. L.S. $ 13. SHORING 1 L.S. L.S. $ 14 TOTAL AMOUNT BID (IN FIGURES) TOTAL AMOUNT BID (IN WORDS) $ Accompanying this proposal is (Insert "$ cash" "cashier's check", "certified check", or "bidder'sbond" as the case may be) in the amount equal to at least ten percent (100) of the total bid. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the Contract has been awarded and ready for signature, the proceeds of the security accompany his bid shall become the pro erty 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 15 PROJECT _ LOCATION _ CLIENT CONTRACTOR LIST OF SUBCONTRACTORS BID OPENING DATE PROJECT NO. Name Under Which Subcontractor is Licensed License No. Address of office, Mail, or Shop Percent of Total Contract Specific Descripti of Subcontract n * Any subcontractor doing work in excess of one-half (1/2) of one percent (1%) of the total bid shall be designated on his farm. 16 M CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification Bid Date This information must include all construction work undertaken ' State of California by the bidder and any partnership, joint ventu corporation that any principal of the bidder participated in principal or owner for the last five calendar years and the c calendar year prior to the date of bid submittal. Separate inform shall be submitted for each particular partnership, joint ve corporation or individual bidder. The bidder may attach any addi information or explanation of data which he would like take consideration in evaluating the safety record. An explanation ni attached of the circumstances surrounding any and all fatalities. 1988 1989 1990 1991 TOTAL 1. No. of contracts Total dollar amount of contracts (in 10001s) . of fatalities . No. of lost workday cases No. of lost work day cases involving permanent transfer to another job or termination of employment i the re or as a ation ture, ional into st be YEAR The information required for these items is the same as required for columns 3 to 6, Code 10, occupational Injuries, Summary - Occupational Injuries and Illnesses, OSEA No. 102 The above information was complied from the records that are av ilable to me at this time and I declare under penalty of perjury th t the information is true and accurate within the limitations of these records. Name of Bidder (Print) Address Signature State Contractors' Lic. No. & Class. City Zip Code Te 17 AFFIDAVIT FOR CO -PARTNERSHIP FIRM STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) first duly sworn, deposes and says: eing That he is a member of the co -partnership firm designatedias which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder haz 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 Ci 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 mak and sign instruments for the co -partnership by who constitute the other members of the co -partnership. Subscribed and sworn to before me this Signature day of 19 Signature of Officer Administering O th (Notary Public) 18 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA } ) SS COUNTY OF LOS ANGELES } 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 n t in any manner sought by collusion to secure any advantage agains the City of Diamond Bar or any person interested in the pro osed contract, for himself or for any other person. Subscribed and sworn to before me this Signature day of 19 Signature of Officer Administering Cath (Notary Public) 19 AFFIDAVIT FOR INDIVIDUAL BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) 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 b i dder has not colluded, conspired, connived or agreed, directl or indirectly, with any other bidder or person to put in a sham b d or that such other person shall refrain from bidding; and has n t in any manner sought by collusion to secure any advantage agains the City of Diamond Bar or any person interested in the pro osed contract, for himself or for any other person. Subscribed and sworn to before me this Signature day of 19 Signature of Officer Administering --T (Notary Public) 20 AFFIDAVIT FOR JOINT VENTURE STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES } first duly sworn, deposes and says: That he is ing 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 proosed contract, for himself or for any other person. Subscribed and sworn to before me this Signature day of 19 Signature of Officer Administering (Notary Public) 21 ith 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 payme t of which sum, will and truly to be made, we bind ourselves, jointl 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 dc and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the m nner specified herein; this obligation shall be null and void; otheise it shall be and in full force and effect; fw 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 Con ract is hereby waived by such Surety. In the event suit is brought upon this Bond by the obliged and judgement is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals his day of , 1992. PRINCIPAL SURETY BY: (SEAL) 22 ( SEAL) 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 an exed Contract with said City for construction of the work under C ty'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 terlis 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 Contri2ctor or said Surety, and notice of such alterations or extensions off the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 1992. PRINCIPAL SURETY BY: ( SEAL) ( SEAL) 23 CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTT As suppliers of goods or services to the City of Diamond Bar, the firm listed below certifies that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all federal, state, and I cal directives and executive orders regarding non-discriminatio in employment; and that is will pursue an affirmative course of acion as required by the affirmative action guidelines. We agree specifically: 1. To establish or observe employment policies wich affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned inclu ing all company employees, outside recruiting services, especi lly those serving minority communities, and to the minority communi ies at large. 3. To take affirmative steps to hire minority employees wi the company. FIRM TITLE OF OFFICER SIGNING SIGNATURE DATE Please include any additional information available regarding aal opportunity employment programs now in effect within your comp ny: 25 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PERVIOUS CONT CTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILLING OF REQUIRED REPORTS The bidder proposed subcontractor hereby certifies that he has , has not participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has , has not J. filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the foTmer President's Committee on Equal Employment Opportunity, all rep its due under the applicable filing requirements. (COMPANY) BY: (TITLE) DATE: , 1992. NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt). Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. II Proposed prime contractors and subcontractors who have particip in a previous contract or subcontract subject to the Execu Orders and have not filed the required reports should note tha CFR 60-1.7 (b) (1) prevents the award of contracts and subcontr unless such contractor submits a report covering the delinq period of such other period specified by the Federal Hig Administration or by the Director, Office of Federal Cont Compliance, U.S. Department of Labor. 01V ve 41 is NON -COLLUSION AFFIDAVIT To: The City of Diamond Bar: State of California ss. County of , being first duly sworn, deposes and says that he or she is of _ the party making the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company association, organization, or corporation; that the bid is gen ine and not collusive or sham; that the bidder has not directl or indirectly induced or solicited and other bidder to put in a f lse or sham bid, and has not directly or indirectly collu ed, conspired, connived, or agreed with any bidder or anyone els to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sough by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contact of anyone interested in the .proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature of Bidder STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) Subscribed and sworn to before me this day of 1992 Notary Public in and for the County of , State of California 27 GENERAL PROVISIONS 1. GENERAL CONDITIONS All work shall be done in accordance with the Standard Specifications for Public Works Construction (1991 Edition and all subsequent supplements), hereinafter referred to as Standard Specifications, Plans, Standard Construction Drawings and these Special Provisions. 2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS Section 2. Scope and Control of Work the following: (a) and Site of Work: The bidder is required to exairine carefully the site and the proposal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions tc be encountered, including all installations and utilities, whether underground, surface or overhead, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the Contract. It is mutually agreed that submission o a proposal shall be considered prima facie evidence at the bidder has made such examination. (b) Proposal Form: All proposals must be made upon blank forms to be obtained from the City Clerk at City Hall, 21660 E. Copley Drive, Suite 100, Diamond Bar, CA. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, and his address shown. If the proposal is made by an individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which he corporation was chartered and the names, titles, nd business addresses of the president, secretary, nd treasurer. (c) or Irregularities; Proposals may be rejected if t show any alterations of form additions not called f conditional or alternative proposals, incompl proposals, erasures, or irregularities of any kind. 28 (d) Bidder's Guarantee: All proposals shall be preselited under sealed cover and shall be accompanied by cash, cashier's check or certified check payable to, or bidder's bond in favor of the City of Diamond Bar in an amount of not less than ten percent (100) of the amount named in said proposal, and no proposal shall be considered unless such cash, cashier's check, certi ied check or bidder's bond is enclosed therewith. (e) Return of Bidder's Guarantees: Proposal guarantees will be held until the Contract has been finally executed, after which they will be returned to the respecive bidders whose proposals they accompany. The Notice to Bidders, Proposal, bonds, Instructions to bidders, General Provisions and Detail Specifications, shall be deemed incorporated in the Contract by reference. A Corporation to which an award is made will be required, before the Contract is finally executed to furnish evidence of its corporate existence and evid nce that the officer signing the Contract and bonds for the corporation is duly authorized to do so. OuJJ:5"-UU-LUII Z -O,.1. e-Lans anct 5necifications - amended by the addition of, the following_ An addendum to these specifications may be issued by the ity Engineer at any time prior to the bid opening. Section 5. Utilities. This section is modified by addi ion of the following subsections. auDseczi-on 0-.L. Location. addition of the following: Utility Owner and Public Agency Identifications. Uti owners and Public Agencies who may have facilities interests which may affect the work are as follows: General Telephone 1400 E. Phillips Blvd. RC 3680 G Pomona, California 91766 (714) 865-3327 Southern California Edison Company 800 West Cienega San Dimas, California 91773 (714) 592-3724 29 ity or Los Angeles County Department of Public Works Flood Maintenance (818) 458-4145 Walnut Valley Water District 271 South Brea Canyon Road Walnut, California 91789 (714) 595-7554 Los Angeles County Department of Public Works Sewer Maintenance (818) 458-7117 Los Angeles County Department of Public Works Road Maintenance Division (818) 458-3981 Southern California Gas Company Distribution Department (714) 592-1799 Each of the above listed utility companies and agencies be notified in writing (copy to City) of the project. shall be invited to a pre -construction meeting and prov work schedule. Subsection 5-2. Protection. The Contractor is hereby to the existence of utility lines. The Contractor carefully protect all lines during the course of constrt Section _6. (blank Section 7. Res ons His work. Subsection 7-2. L following: Labor Discrimination. No discrimination shall be made in employment of such persons upon public works because of race, color, or religion of such persons and every contra for public works violating this section is subject to all penalties imposed for a violation of Chapter 11 or Part Division 2 of the Labor Code in accordance with the provis. of Section 1735 thereof. Reference is made to Section 6 - 8 of the Stani Specifications and these General Provisions. Except provided above, until the formal acceptance of the work by City Council, the Contractor shall have the charge and thereof and shall bear the risk of injury or damage to part thereof by the action of the elements or from any & 30 1 a 11 r as r case, whether arising from the execution or from the execution of the work. The Contractor shall rebuild, rep restore, and make good all injuries or damages to any por of the work occasioned by any of the above causes before f acceptance and shall bear the expense thereof, except injuries or damages occasioned by acts of the Fed Government or the public enemy. DuJJz:St-UU.Lon /-.LV.i. rrai: addition of the ,following: The Contractor shall furnish all flagmen and guards and su ply and install all signs, lights, flares, barricade delineat rs, and other facilities which are necessary to expedite the passage of public traffic through or around the work or to prevent accidents or damage or injury to the public or to give adequate warning to the public of any dangerous conditions to be encountered. The CalTrans "Manual of Traffic Contr ls" shall be used for all traffic control on this prof ct. Payment for this work shall be included in other items of work and no separate payment will be made. Section 9. Measurement and Payment paragraphs: --- The Contractor agrees that the payment of the amount under the Contract, and the adjustment and payment for any work dona in accordance with any alterations of the same, shall release the City of Diamond Bar, the City Council, the City Manager, and the City Engineer of any and all claims or liability on account of work performed under the Contract or any alterations thereof. Progress Payments.,_ The Contractor shall be entitled aach month to a monthly progress payment in an amount equal to ninety percent (90%) of the estimated percentage of ac ual work completed by the end of the proceeding calendar mo th, based on the contract price less all previous payme ts, provided that in all events, the City shall withhold no ess than ten percent (10%) of the contract price until final completion and acceptance of the work. This payment on account shall in no way be considered as an acceptance of any part of the work or material of the Contract, nor shall it in any way govern the final estim te. 31 Final Payments. After the completion of the Contract, City Engineer shall make a final inspection of the work thereunder, and if entirely satisfactory and complete, City shall pay to the Contractor an amount which, when a� to the payments previously made and deductions allowable the City, will equal ninety percent (900) of the cont: price. Thereafter the balance of the contract price remaij unpaid shall be paid 35 calendar days after the recordin4 a Notice of Completion by the City. The payment of the f: amount due under the Contract and the adjustment and pays for any work done in accordance with any alterations of same shall release the City from any and all claims on acct of the work performed under the Contract or any alterat: thereof. Guarantee. The Contractor agrees for a period of one commencing with the Final Notice of Completion, to co: without additional charge to the City, any defects in the performed, or in the materials furnished, by the Contr; and/or manufacturer, jointly. 32 the [one the �ded to •act � ing of .nal lent the k SPECIAL PROVISIONS FOR CONSTRUCTION GOLDEN SPRINGS DRIVE/SYLVAN GLEN ROAD DRAINAGE SYSTEMS SPECIAL PROVISIONS FOR CONSTRUCTION OF GOLDEN SPRINGS DRIVE/SYLVAN GLEN ROAD DRAINAGE SYSTEMS SPECIFICATIONS The work to be done shall be performed or executed in accordance with these Special Provisions and the "Standard Specifications for Public Works Construction", 1991 Edition and all subsecliLent supplements, hereinafter referred to as the Standard Specifications. The Standard Specifications are published by Building News, Inc. 3055 Overland Avenue, Los Angeles, Califo is 90034 and are included by reference only. ADDENDA The City Engineer may, without City Council approval, issue add nda to the Contract Documents during the period of advertising for bids for the purpose of: (a) revising prevailing wage scales or (b) clarifying or correcting Special Provisions, Plans or Bid Proposal; provided that any such addenda does not change the original scope and intent of the project. Purchasers of contract documents will be notified and furni copies of such addenda, either by certified mail or pens delivery, during the period of advertising. TIME LIMIT AND NOTICE TO PROCEED All work shall be completed within 15 working days. The counting of working days shall start on the date when the Notice to Proceed is issued by the City. The Contractor shall ensure that all materials required for the project will be available for the scheduled work. No additional working days will be allowed for material delay once the Contractor commences work. The Contra for shall notify the City Engineer at least seven (7) calendar ays prior to the start of work. Nothing in this section will relieve obligations relative to starting work these specifications. 33 the Contractor of lits as required elsewher in CHANGES IN THE WORK Subsection 3-2.1 of the Standard Specifications is supplement the following: Notwithstanding the limitation imposed by this Subsection, the City Engineer may, without City Council approval, order changes in the work which increase the contract cost by not more than $5,000.00. CONTRACTOR'S INDUSTRIAL SAFETY RECORD All bidders will be required to submit information as to t industrial safety record on the form provided in the Bid Propc A review of this safety record will be made prior t determination of the lowest responsible bidder, and any ad` finding as to the bidder's safety record or any bid submitted V does not contain the Contractor's Industrial Safety Record, fj out and signed by the Contractor, may be sufficient cause rejection of the bid. CONSTRUCTION SCHEDULE In accordance with Subsection 6-1 of the Standard Specificati the Contractor shall submit a written proposed construc schedule to the City Engineer seven (7) calendar days prior tc start of work. The schedule shall list all necessary prepara work, and construction schedule. Such schedule shall be subjec the review and approval by the City Engineer. No work shat: done until the Engineer and the Contractor have agreed to schedule to be followed by the Contractor. WITHHELD CONTRACT FUNDS Pursuant to Section 4590 of the Government Code, the Contrz its own expense may deposit securities pledged in favor Agency with a state or federally chartered bank as the agent. by eir al. a rse ich for v, ion the to be the ,t4 at ofthe es row The acceptable securities are those listed in Section 16430 of Government Code or bank or savings and loan certificates deposit. The amount of securities to be deposited shall be equivalent to maximum amount permitted to be withheld as specified in Subsect 9-3.2 of the Standard Specifications. Formal acceptance of project by the Agency terminates the Agency's interest in securities. 34 the of the ion the the PUBLIC CONVENIENCE AND SAFETY In addition to the requirement of Subsection 7-10 of the Stai Specifications and the Standard Special Provisions, the Contr; shall maintain access to all adjacent properties. Furthermore Subsection is amended and supplemented by the following paragr; DETOUR - In no case shall traffic be diverted from the exis traveled way without prior approval of the City Engin is s: Full compensation for complying with the above requirements s ll be considered as included in the various items of work unlss otherwise specified above. le SANITARY CONVENIENCE Necessary sanitary facilities for the use of workman on the job shall be provided and maintained in an approved manner by the Contractor, properly secluded from public observation and in compliance with health ordinances and laws, and their use shall be strictly enforced by the Contractor. STORAGE SITE It shall be the Contractor's responsibility to locate any st rage sites for materials and equipment needed and such sites either located on public or private property must be approved in advan a by the City Engineer. PRE -CONSTRUCTION MEETING The Contractor shall arrange a pre -construction meeting with the City Engineer and representatives from utility companies which Ehall be held a minimum of ten (10 ) calendar days prior to commencement of any work. REMOVAL OF MATERIALS Materials which are to be disposed of including but not limits to: shrubs, trees, saw -cut asphalt and concrete pavement, cold Ilane pavement, and excavation of earth shall not be stored at the site but shall removed immediately. No overnight storage of materials or debris will be allowed in the street area or surrounding areas. UNDERGROUND UTILITIES The location and existence of substructures have been determin d by a search of records maintained by their owners. No guarant a is made or implied that the information shown is complete or accu ate. 35 It shall be the Contractor's responsibility alone to determine the exact location of substructures of every nature and to protect them from damage. The Contractor shall pothole or expose all high risk underground facilities. The Contractor shall notify the Agency and the owners of all utilities and substructures not less than 48 hours prior staing work. Contractor shall contact Underground Service Alert (USA) not less than 48 hours prior to digging and verify the locations of all utilities. The Contractor is responsible for the protection of any utilities and for any damage to any such utility during the prosecution of work. Any damage to utility shall be repaired to the satisfaction of the organization owning the facility. COMPETENCY OF BIDDER The bidder shall be licensed under the provisions of Chapter 3, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the Contract and shall be skilled and regularly engaged in the general class or type of work called for under this Contract. Contractor's License (Class A or C-34) is required for this project. ESTIMATED QUANTITIES The quantities given in the Proposal and Contract form are approximate, being given as a basis for the comparison of bids cnly, and the city does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit any portion of the work, as my be demed advisable or necessary by the City Engineer. California Code Section 20104 - Reguirements and Procedures 20104. Application of article; inclusion of article in plans and specifications. (a) (1) This article applies to all public works clai s of three hundred seventy --five thousand dollars ($375,000.00) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. 36 (b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money of damages arising from work done by or on behalf of the contractor pursuant to the contract for a public work and payment of which is not expressly provided for or the claimant is not otherwise entitled to, or (C) an amount he payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof Shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into an or after January 1, 1991. 20104.2. Claims; Requirements For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed cn or before the date of final payment. Nothing in this subdivisi n is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000.00), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2) if additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claiML, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. 37 (c) (1) For claims of over fifty thousand do tars ($50,000.00) and less than or equal to three hundred seventy five thousand dollars ($375,000.00), the local agency shall respo d in writing to all written claims within 60 days of receipt oi the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relting to defenses or claims the local agency may have against the claimant. (2) If additional information is thereafter require4, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the clai , as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time not greater than that taken by the claimant in produciny the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's wr response, or the local agency fails to respond within the prescribed, the claimant may so notify the local agency, in wri either within 15 days of receipt of the local agency's respon within 15 days of receipt of the local agency's response or w 15 days of the local agency's failure to respond within the prescribed, respectively, and demand an informal conference to and confer for settlement of the issues in dispute. Upon a de the local agency shall schedule a meet and confer conference w 30 days for settlement of the dispute. (e) If following the meet and confer conference, the cla. any portion remains in dispute, the claimant may file a i pursuant to Chapter 1 (commencing with Section 900) and Chapi (commencing with Section 910) of Part 3 of Division 3.6 of Til of the Government Code. For purposes of those provisions, running of the period of time within which a claim must be : shall be tolled from the time the claimant submits his ox written claim pursuant to subdivision (a) until the time the c is denied, including any period of time utilized by the meei confer conference. 20104.4 Procedures for Civil actions tiled to resolve claims The following procedures are established for all civil filed to resolve claims subject to this article: 38 tten time dng, ,e or thin time meet ,......, thin .m or laim er 2 le 1 the iled her laim and .ions (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleading, the court shall submit the matt r to non-binding mediation unless waived by mutual stipulation of both parties. the mediation process shall provide for the selection within 15 days by both parties of a disinterested third pers n as mediator, shall be commenced within 30 days of the submittal, and shall be concluded upon good cause showing to the court. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedures, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016] of Chapter 3 of Title 3 of Part 4 of the Code of ivil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) In addition to Chapter 2.5 (commencing with section 1411.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who doeE not obtain a more favorable judgement shall, in addition to payme t of costs and fees under that chapter, also pay the attorney's fes on appeal of the other party. 20104.6 Payment by local agency of undisputed portion of interest on arbitration award or judgement (a) No local agency shall fail to pay money as to any po ion of a claim which is undisputed except as otherwise provided i the contract. (b) In any suit filed under Section 20104.4, the local a ency shall pay interest at the legal rate on any arbitration awa d of judgement. The interest shall begin to accrue on the date the suit is filed in a court of law. 20104.8 Duration of article; application of article to con between January 1, 1991 and January 1, 1994 (a) This article shall remain in effect only until Janua 1994, and as of that date is repealed, unless a later en statute, which is enacted before January 1, 1994, deletes or ex that date. (b) As stated in subdivision (c) of section 20104, contract entered into between January 1, 1991, and January 1, which is subject to this article shall be incorporated this art: To that end, these contracts shall be subject to this article if the article is repealed pursuant to subdivision(a). 9M acts Y 1, .cted .ends any 994, cle. even CITY EQUAL EMPLOYMENT OPPORTUNITY EEO PROVISIONS 1. AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY The following provisions pertaining to equal empl opportunity are incorporated into this Contract. In conn with performance of work under this Contract, the Cont agrees as follows: a. The Contractor will not discriminate against any emp or applicant for employment because of race, color, religion, ancestry or national origin. The Contr will take affirmative action to ensure that applicant employed, and the employees are treated during employ without regard to race, color, sex, religion, ancest national origin. Such action shall include, but n limited to, the following: employment, upgra demotion or transfer; recruitment or recrui advertising; layoff or termination; rates of pay or forms of compensation; and selection for trai including apprenticeship where applicable. b. In all advertisements for labor or other personne: requests for employment of any nature, the Contr shall state that all qualified applicants will re consideration for employment of any nature, the Contr shall state that all qualified applicants will re, consideration for employment without regard to color, sex, religion, ancestry or national origin. C. In all hiring, the Contractor shall make every effo: hire qualified workers from all races and ethnic gr d. The Contractor shall be responsible for the compilati records of the ethnic distribution of the entire pr+ work force on forms furnished by the Agency. Said fi indicating the ethnic distribution of man-hours of within the various crafts and trades, shall be fil( the Contractor with the Agency every 30 days. e. The Contractor shall send to each labor unioi representative of workers with which it has a collet bargaining agreement or other contract or understanc a notice, to be provided by the Agency, advising the labor union or worker's representative of the Contract commitments under this -section. 40 ion for oyee sex, ctor are y or t be ing, ment Cher ing, , or actor :e ive actor :eive -ace, t to 'UPS. m of j ect rms , work d by or tive ing, said or's f. The Contractor shall maintain and permit access by the Agency to records of employment, employment advertisements, application forms and other pertinent data and records of the Contractor's own work force and that of the various subcontractors on the project for the purpose of investigation to ascertain compliance with this EEO section. g. Within 10 days after execution of the Contract by the Agency, the Contractor shall meet the following standards for affirmative compliance and shall ensure that each subcontractor on the project will meet these requirements within (10) days after receiving a notice to proceed from the Contractor, unless the Agency provides for a greater time period: (1) File with the Agency an Affirmative Action Plan indicating the steps it will take to encourage and assist qualified members of minority groups. Such affirmative action will include statements regarding recruitment, employment, compensation, promotion or demotion, and selection for training. (2) Provide evidence as required by the Agency, thiLt it has notified in writing all subcontractors, the Contractor's supervisors and other personnel officers of the content of this EEO section an their responsibilities under it. (3) Provide evidence, as required by the Agency, thiLt it has notified in writing all sources of employee referrals (including, but not limited to, unions, employment agencies and the State Departmen of Employment Development) of the content of thiE EEO section. (4) Notify the Agency in writing of any oppositi n to this EEO section by individuals, firms, unionr or organizations. h. If the Agency has reason to believe that the Contractor or a subcontractor may have that the Contractor or a subcontractor may have committed a violation of the EEO section of this Contract or of the California Fair Employment Practice Act or of any applicable Federal law concerning equal employment practices on this project the Agency will cause written notice to be served on the Contractor or its representative, and to any subcontractor involved in such violation. The notice shall set forth the nature of the violation. Upon the Agency's request, the Contractor shall meet with representatives of the Agency in order to determine the means of correctinci the 41 2. violation and the time period within which the violation shall be corrected. If, within 10 days, the Contractor or subcontractor has failed or refused to remedy the violation, the Agency may notify the Fair Emplo ent Practices Commission and pursue any other remedies which may be available under the law. i. The Contractor shall include the provisions of the foregoing paragraphs la through 1h in every first tier subcontract and require each subcontractor to bind each further subcontractor with whom it has a contract to such provisoes, so that such provisions will be binding upon each subcontractor who performs any of the work re fired by the Contract. ANTI -DISCRIMINATION a. The Contractor certifies and agrees that all persons employed by the Contractor, its affiliates, subsidiaries or holding companies are and will be treated equally by the Contractor without regard to or because of racel color, sex, religion, ancestry or national origin and in compliance with State and Federal anti -discrimination laws. The Contractor further certifies and agrees thiLt it will deal with its subcontractors, bidders and vendors without regard to or because of race, color, sex, religion, ancestry or national origin. The Contractor agrees to allow access to its employment records dring regular business hours to verify compliance with the foregoing provisions when so requested by the City. b. The Contractor specifically recognizes and agrees that if the City finds that any of the foregoing provisions have been violated, the same shall constitute a material breach of Contract upon which the City may determine to cancel, terminate or suspend the Contract. While the City reserves the right to determine individually that the anti -discrimination provisions of the Contract have been violated, in addition a determination by the California Fair Employment Practices Commission or the Federal Equal Employment opportunity Commission that the Contractor has violated State or Federal ati- discrimination laws shall constitute a finding by the City that the Contractor has violated the a ti - discrimination provisions of the Contract. C. At its option, and in lieu of canceling, terminatinq or suspending the Contract, the City may impose damages for any violation of the anti -discrimination provisions of this section, in the amount of $200 for each violation found and determined. The City and the Contractor specifically agree that the aforesaid amount shalll be imposed as liquidated damages, and not as a forfeituro or 42 penalty. It is further specifically agreed that aforesaid amount is presumed to be the amount of dam< sustained by reason of any such violation, because the aes the circumstances and the nature of the violation, i is impracticable and extremely difficult to fix ac ual damages. CONSTRUCTION OF DRAINAGE SYSTEMS SAWCUTTING All asphalt concrete pavement to be removed shall be sawcut to a true line where new asphalt is to join existing asphalt. Asphalt concrete removal operations shall be performed without damage to any portion of that which is to remain in place, shall be repaired to a condition equal to that existing prior to the beginninc of removal operations. The cost of repairing existing asphalt damged by the Contractor's operation shall be at his own expense. Concrete sidewalk to be removed shall be neatly sawed in straight lines either parallel to the curb or at right angles to the alignment of the sidewalk. If the sawcut in sidewalk would Jall within 30 inches of a construction joint, expansion joint or a ge, the concrete shall be removed to the joint or edge, except w ere the sawcut would fall within 12 inches of a score mark, the sa cut shall be made in and along the score mark. Curb and gutter sall be sawed on a neat line at right angle to the curb face. Payment for sawcutting all concrete and asphalt concrete pavement will be made at the contract price bid per linear foot. It shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals in doing all the work involved in sawcutting. CLEAN OUT ASSEMBLY Clean out assembly shall be constructed per detail shown on the plans. Clean out pipe must be same diameter as the main drain 1ne. Casting shall be Alhambra Foundry No. A-1240 or appr ved equivalent. Concrete used in clean out assembly shall be C ass 560-C-3250. Alhambra Foundry Company, LTD. 1147 Meridian Avenue Alhambra, CA. 91802 (818) 289-4294 43 Measurement and payment for clean out assembly will be made at contract bid price per each unit. The contract price shall inc. full compensation for furnishing all labor, materials, toi equipment, and incidentals for constructing clean out assembl, P.C.C. CURBS, GUTTERS, AND SIDEWALKS the .ude els, All portland cement concrete curbs, gutter, sidewalks shall. be constructed using Class 520-C-2500, with a maximum slump Of 4 inches or better, or as approved by the City Engineer. Curing compound shall be Type II and shall be in compliance with Section 201-4 of the Standard Specifications. Portland cement concrete curbs and gutters shall be measured byl the linear foot in place, and sidewalks shall be measured by the Sabare foot surface area in place. Payment for the construction of portland cement concrete cu bs, gutters, sidewalks will be made in accordance with Section 303 5.9 of the Standard Specifications. PARKWAY DRAIN Work to be performed under this section includes construction of parkway drain and curb outlet. All such work shall conform to the detail as shown on the plans. Payment for the construction of parkway drain and curb outlet 1Qill be made at the contract price bid per each unit. The cont act price shall include full compensation for furnishing all la or, materials, tools, equipment, transportation, and incidentals for constructing parkway drain. SUB DRAIN Sub drain shall be constructed per detail as shown on the pL The minimum width and depth are 2 feet and 5 feet respectiv, Compacted backfill may be either select non -expansive soil native soil depending on design wall pressures. Approved fi. material shall conform to CalTrans, Class II permeable mater. As an alternate, 3/4 inch crushed rock may be substituted for approved filter material if an approved, non woven geotex• filter fabric is used to encapsulate the 3/4 inch crushed (such as Mirafi 140 N or Supac 4NP). Pipe perforations should exceed a slot width of 1/5 inch for slotted pipe and 1/4 diameter for drilled pipe to avoid migration of fines into drain pipe. The top 18 inch of the trench shall be compai impervious soil. Perforated pipe (perforations down) shall i inch in diameter, schedule 40 or SDR,35 PVC pipe (minimum), wi, inches minimum of filter material below pipe. 44 J.Y. or ter al. the ile ock not nch the ted e 4 h 2 Payment for 3/4 inch crushed rock will be paid at the cont act price bid per cubic yard. Perforated pipe will be made at the contract price bid per linear foot. Non woven geotextile filter fabric will be paid at the contract price bid per square yard. The contract price shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidenals for constructing sub drain. POLYVINYLCHLORIDE PIPE The polyvinylchloride pipe shall be installed in accordance With Section 207-17 PVC Plastic Pipe and Section 306 Underground Conduit Construction of the Standard Specifications. Bedding and backfill materials shall be as specified per the plans and these Special Provisions or as directed by the City Engineer. Payment of polyvinylchloride pipe will be made at the contract price bid per linear foot. The contract price shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals for installing polyvinylchloide pipe. ASPHALT CONCRETE Work to be performed under this section covers all lal or, materials, tools, equipment, transportation, and incidentals necessary to construct asphalt concrete. All such work st all conform to the applicable provisions of the Standard Specifications, these Special Provisions, and detail as showr on the plans. Asphalt concrete removed by the Contractor shall be repaired and replaced in kind by the Contractor. Material used shall be type III asphalt concrete as specified in Subsection 400-4 of the Standard Specifications. The Class of combined aggregate grading shall be Class C2, the grade of aspalt shall be Type III AR -8000. The measurement and payment for asphalt concrete repair construction, complete in place will be made at the contract i price per ton as specified in Subsection 302-5.9. The al contract price shall include full compensation for furnishing labor, materials, tools, equipment, transportation and incident in doing all the work involved in constructing and repair asphalt concrete pavement. 45 and nit all als Ing CONNECTION BETWEEN 6'1 P.V.C. TO CATCH BASIN Work to be performed under this section covers all materials, tools, equipment, transportation, and incid necessary to connect a 6" P.V.C. to existing catch basin as on the plans. All work shall conform to the Los Angeles Flood Control District Standard Drawing No. 2D-160. Payment for connecting the 6" P.V.C. to the existing catch b will be made at the contract lump sum price. The contract p shall include full compensation for furnishing all la. materials, tools, equipment, transportation and incidentals, for doing all the work as specified in the Special Provisions TRENCH SHORING In accordance with Section 6705 of the State Labor Code, Contractor shall submit to the City specific plans to show deti of provisions for worker protection from caving ground. This i; way relieves the Contractor from the requirement of maintaii safety in all operations performed by him or his subcontracts The detailed plan showing design of shoring, bracing, slopinc other provisions shall be prepared by a registered Civil Structural Engineer as required. Acceptance by the City or designated agent only constitutes acknowledgement of the submis: and does not constitute review or approval of the designs, de: assumptions of criteria, implementation of the plans, which solely the responsibility of the Contractor and his registc engineer. As a part of the plan, a note shall be included stat that the registered Civil or Structural Engineer certifies that plan complies with the CAL -OSHA construction Safety Orders, ori the registered Civil or Structural Engineer certifies that they is not less effective than the shoring, bracing, sloping, or of provisions of the Safety Orders. or, als own my sin ice or, and the ils L no ing or or its are ing the hat The detailed plan showing the design of shoring, etc., shall include surcharge loads for nearby embankments and structures, for spoil banks, and for construction equipment, and other construction loadings. The plan shall indicate for all trench conditions the minimum horizontal distances from the side of the trench at its top to the near side of the surcharge loads. Nothing contained in this article shall be construed as relie ing the Contractor of the full responsibility for providing shorng, bracing, sloping, or other provisions which are adequate for wo ker protection. Payment for shoring will be made at the contract lump sum prce. The contract price shall include full compensation for furnishing all labor, materials, tools, equipment, transportation and incidentals, and for doing all the work as specified in the plans and the Special Provisions. 46 All earthwork shall conform to Section 300-2 and 300-4. Work u der this section shall consist of performing all earthwork operat'ons and furnishing all labor, materials, tools, equipment, and incidentals to excavate and backfill, compact, dispose of ex ess excavated material to facilitate all the proposed construe ion complete, as detailed on the plans. Contractor shall provide full access to property owners with the minimum amount of interruption to access as possible. Contractor shall repair and replace landscaping in kind. Payment for all earthwork, complete in place, will be made an a contract lump sum basis. The above contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in earthwork 47 APPENDIX A STANDARD DRAWINGS r P P Q } V n N n I -_ I d o 4 0 E e cps�¢zMl I IMcv q 2 •..z ��� N N �• C� j s d E I � _� r ° s- v z $= I i d N O z ' A 3 I p' u � o N of a _ }' a l� ; y a � a ,v_ / - Is pp Vaj C} J Z'2 2 V ra C N Z— _ '> N � L11 w z V 0 3 y r 4 _c p v V) 6,', 7 n' _ 3 �� �O • V �F P�....,- I--------- co Q Tm 2 Q© U, P���a C p CL I L IA- . I a a � 3 — A I b k � •a a.G y a s rpi i z ti o C5 ID e O g+ ? ti , _l M ^ g y w Z� od [[z])Ic'u. a'u�'ri u° 3 r 32c�ln o�>a-> >� $ sk (� ►J .r '�— JI 'S IC J �a_ 7 P P Q } y n n N n I -_ I d o 4 0 E e cps�¢zMl I IMcv q 2 •..z N LLb • a I -_ 7 !,1 1 O ��� N N �• C� j a s I � i � I i d I 3 of =r O N LLb • a I -_ 7 !,1 1 O ��� N N �• C� j a s ° ILL of =r O ra C N N � L11 V 0 P�....,- I--------- I a I am k � •a ! as ti , ►J .r '�— �a_ h 1 r 1 • u ° N LLb • a -_ u Z N 1 V O ��� N N �• C� j a s =r O ra C N —*40 B -ox. or • E bars -2 oboes and G bars--, cios . P below apening, i T 1 I 12 nrm. o .4--'3"Radius- ` a�t� 0 �' (See note 5). :. j + is � �g r /act A ✓oriel �'� - T � ,'i r \ / D . II / ....... . ♦ \ Y LE bars -2 above end L--* 4 Q 1B"o.c. or T —pit 4 0 /21o.c 2 below opening. ckser. ""-C ba s� frac.or closer. SECTION A -A A \\ NOTES Y� s 4 Reinforcrh shtel, per Sid. Dwg. 2-0171, shall b I4'cliar from foes of concrete unless otherwlse shown PLAN 2. Romforemg steel far Inside hies of catch basin poll shall CORNER CONNECTION be cul of center of open/ng and bent inlo we is of momPlAic connection. Reinfarcmg sl1el or !side f=#of catch brim wail shall be cut 2 clear of opening, 3 6omrnhon shoN be 00"d mono/ih)ic Willy a bash. Thee rowided edgy of outlet shall be can4rtnAted by porlrmg concrete against q curved form with 4 radius of 3", 4 Floor of struehrrr shall be steel-htoNe/ed /o sprig line. 0 bars -2 obow and \ 2 below AMMV 7 A Cannealions shall be conslr 00d when: (o)- PipeA /2mches Waugh 72mehes in dimpeter, or ouhw through corner basin. in/et 40 �� I of catch (bl- A ng/1 A. for pipes 24 inches through inches in t �/ An9N A- \ (See nate S),� dromrter, is 70'er Jess. A (e). Pipe; 15 inches X,r WA 72 inerts in dimeter, tO r /2" (�t- — / c 3• Radius- \ / I f- rn-1 1 (SN note -5r / I I mitt or aut/et through .7,7y wee/ of cof4 ® !f fht earrrrector prpo -iWW nef exre"d, rat per rho oaal4vole evreh .eosin Jfe,ears. 6 loose+ wall / �—#4 m /8 ac. ar slosh. `--•C bon. PLAN SIDE CONNECTION 8 I T I C bars I D 13 Dart Ell 8 I T C ban Da rtE -. -,, u 4 {� 4 b {a zT 33- - I -a I case. -On A 6.7-64 Revered 10WIF sec) � i-Ia•» Rwrsev Mori SCC) LOS ANGELES G LINTY FLOOD CONTROL C (STRICT CONNECTION TO CATCH BASIN FOR PIPES 121NCHES THROUGH 721NCHES NONE I MAR.19St 1 fHstr 11 Or i COMPACTED IMPERVIOUS am 7j, 77, 784NCH MINIRIum �AT IVA Pb PS '•�. 6 pa �! 5FT. MIN. APPROVED FILTER MATERIAL i P p : l"NCHMINIMUM (SEE NOTEq � f� a NOT TO D PERFORATED PIPE(PERFORA ' DOWr�, A b GRAVITY DRAINED OR TO MP PUI�IP,Ik-,v 44hW 1 DIAMPrER, SCHEOU 40 OR EOR,FIs ►YG PIPL� (MINIMUMS MlMMUM BELOW JnPL I Z-INCHE$4•a q-4 2 FT. MIN. NOTES: 1) COMPACM BACXPILL MAY BE ETHER SELECT NON-EXPAN8IV9 $OIL OR NAnVE SOIL DEPEIOW0 ON 09SION WALL PRFOUREB {sail[ LITERAL BARTH PRE53URE #I:CTION IN TEXrb =) APPROVED FIVER MATERIAL SHALL CONFORM TO CALTRAMB, CLA" p PERMEABLE MATERIAL. AS ANALTERNATF. 314810H CRUSHED ROCK mAY SR OUSSMUMD FOR THE APPROVED FILTER MATIERIAL IF AX APPROVED, NO. *KIVEN GiOTE]MLA FILTER FASaRIC Is USED TO ENCAPSULATE THE &*INC" CRUSHED ROCK (SUCH AS MIRAF1140N OR SUPAC 4UM i) PIPE PERFORATION SHOULD NOT EXCEED A s1.OT WIDTH OF V64NCH FOR SLOrM0 PIPE AND V44NOI( DIAMETER FOR DRILLED PIPE TO AVOID MIGRATION IPF FINES WO THE DRAIN PIPL° KLEt?4FELDER PROJECT NO. 56-9142 01 11 P SUBDRAIN DETAIL TE 2 AM= i - 74 sl s HI i�� s z • � s 3 y:, 61 ici O ' mJ f R/w ° I R/W - I•MININUtd RADIUS. '•:f�� •: F. WALK RETURN WALK RETURN CASE I .]� /\' CASE II l USE CASEII WHERE UTILTIEB ARE IN RETURN AREA) 4 �T �R/W THIS TO ci 6' AREA at GRADED u m i io R/W SLOPE 1/4, PER FT.CURB A 9UTTER 1 r ►yra wN" `:.j; .••' 4" R C. G. WALK OR AS INDICATED ON PLAN TYPICAL SECTION OF WALK WALK RETURN _ CASE NOTE PARKWAY WIDTHS AS INDICATED $Y ASTERISK {-X-) , ARE NOTED ON PLAN. LOS ANGELES COUNTY ROAD DEPARTMENT TYPICAL SIDEWALK DETAILS STANDARD PLAN 3 2 - 01 ,are APPROVED ,� 6Z ROAD COM!/ISSIONER DATE AM= i - 74 PIPE PE R IMPROVEMENT SIDEWALK FINISH OR GRADING PLAN - 2 HINGE STEEL ANGLE # HING£ COVER AT TOP OF FRAME s F` 2' m I RECTANGULA 1/ `v BATTER 4:12 SLOPE PER FOOT•IFRAME 9 / ¢! COVER 11 I is INLET INLET �PE P.c c. TYPE II I l• SECTION A -A SLOPE i r- PER FT 6" u 3B IZ-MAX. �+f CLEAR 13 SECTION-INU7 TYPE I �.I J BARS 'Is 1 R/W SECTION B -B i I '• M PE4 PER 4 -MIN, 10 k i S. a• f Rou�o sr' i * I .: •: 3 h I SECTION -CN ET TYPER DETAIL OF ANCHOR (SEE NOTES SST, 1+! (n 1 .. M POINT N I A= PLAN IL FLOW L[NE r POINT M POINT N =w PROFILE Q '41 NOTES: I. FLOOR OF BOX TO BE TROWELED SMOOTH, W W 2. WHEN THE TOE OF SLOPE IS WITHIN THE R/, INLET TYPE I BEGINS AT a _ � THE TOE RATHER THAN AT THE R/W LINE. 3. FOR OPEN DITCH APPROACH (TYPE 311 THE 2'EXTENSION IS NOT REQUIRED c WHEN THE BACK OF WALK IS Z' OR MORE FROM THE R/W LINE, rie 4. TOP OF INLET STRUCTURE (TYPE I 831) TO BE FLUSH WITH ADJACENT SURFACE WHERE PRACTICABLE. = c W S. A HEADED STEEL STUD 17X 6 8 WITH HEAD 0:1- ATTACHED BY A FULL c o PENETRATION BUTT WELD MAY SE USED AS AN ALTERNATE ANCHOR. $ 6. NORMAL CURB FACE AT POINT M AND Q. 9+5'AT POINT N AND P. i v �'+ 7. THE 3- LEG OF THE INTERIOR ANCHORS SHALL BE PARALLEL TO THE TOP OF SIDEWALK. 60 t _N w G C 4 Z LOS ANGELES COUNTY ROAD DEPARTMENT PARKWAY DRAIN NO.1 STAND &g2 62 ROAD COMMISSIONER DATE APPROVED koINT P POINT01 to' �T.GGRAOE LINE AS SHOWN ON PROFILE NT P POINT STEEL LIST PLAN I yrs®�rs�0��1�■�® iii�100�0■�� ®assn■�® �rlssoro■r�� ®aooro■r�® �O�ISO■®� II�I��I��■�Ill�i PLAN I AGENDA ITEM NO. 8.3 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.+ TO: Robert L. Van Nort, City Manager MEETING DATE: April 7, 1992 REPORT DATE: March 5, 1992 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Citywide Tree Maintenance Service Contract. SUMMARY: The City Council has previously authorized funds in the Fiscal Year 1991-1992 for City-wide tree services. These services include trimming, removals and ,stump grinding. At this time, tree service is provided by Los Angeles Public Works. Staff has prepared plans and specifications and seeks authorization to solicit competitive bids for Citywide street tree maintenance services. RECOMMENDATION: It is recommended that the City Council approve the attached plans and specifications for Citywide tree service. Further, it is recommended that the City Council adopt the attachedesolution and authorize the City Clerk to advertise for bids for Citywide street tree maintenance services. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification X Resolution(s) X Bid Specification (on file in Citylerk's Office) Ordinances(s) _ Other X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes — No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes No 4. Has the report been reviewed by a Commission? Yes X No Which Commission? Parks and Recreation — 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: VIEWED BY: Robert L. Van Nort Terrence L. Belanger Sid J. Mousavi City Manager Assistant City Manager City Engineer/Public WJorks Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 7, 1992 TO: Honorable Mayor and Members of the City Counci FROM: Robert L. Van Nort, City Manager SUBJECT: Citywide Tree Service Contract ISSUE STATEMENT The City desires to receive competitive bids to secure services for Citywide tree maintenance. RECOMMENDATION It is recommended that the City Council approve the atta hed specifications for City tree maintenance services. Further, A is recommended that the City Council adopt the attached Resolution and authorize the City Clerk to advertise for bids for Citywide rree Maintenance Services. FINANCIAL SUMMARY The City Council has appropriated funds in the amount of $100,000 in the Fiscal Year 1991-1992 for Citywide Tree Maintenance Services. Of this amount $11,000 has been expended and the current balance is $89,000. It is estimated that the bid for this project will be approximately $80,000. BACKGROUND/DISCUSSION The City presently provides tree maintenance services through the County of Los Angeles Public Works Department. These serv'ces include tree trimming, tree removals and stump grinding. The County of Los Angeles has been providing services an an as ne ded basis. Due to staffing levels and high demands on the Public W rks Tree Maintenance Section, the County has been unable to provi e a program of scheduled area tree trimming. It is anticipated that the service provided by a private tree maintenance firm will be less costly and more responsive to the needs of the City, although a private contractor will require more inspection and investigation by City staff. Contract administration and inspection will. be performed by City Staff. Prepared By: Sid Jalal Mousavi CITY OF DIAMOND BAR STATE OF CALIFORNIA SPECIFICATIONS FOR CITYWIDE STREET TREE SERVICE The City Clerk of the City of Diamond Bar, California will receive at her Office in the City Hall, is said City, until 11:00 a.m. on April 27, 1992 sealed proposals for the performance of the above described services. CITY OF DIAMOND BAR Jay Kim, Mayor Phyllis Papen, Mayor Pro Tem John Forbing, Councilmember Gary Werner, Councilmember Gary Miller, Councilmember Robert L. Van Nort, City Manager TABLE OF CONTENTS NOTICE OF INVITING SEALED BIDS . INFORMATION FOR BIDDERS . . . . . . . . BIDDER'S PROPOSAL . . • . . . . SCHEDULE OF PRICES . . . . . . . . . . . . . . . . . . . . . . . . . . . CONTRACTOR'S INDUSTRIAL SAFETYRECORD . • . . NON -COLLUSION AFFIDAVIT . . . . . . FAITHFUL PERFORMANCE BOND . . . . . . . . . . . . . . LABOR AND MATERIAL BOND . • . . . . . . . . . . . . BIDDER'S BOND . . . . . . . . . ` . . . . . . . . AGREEMENT . . . . . . . . . . • . . . . . . SPECIAL PROVISIONS . . . . . . . . . . . . . . . TECHNICAL SPECIFICATIONS . . . . . . . . . . , , , , 4 - 8 9 - 15 16 - 17 18 - 21 22 23 24 25 26 - 27 28 - 5 36 - 1 42 - 2 APPENDIX A . . . . . . . . . . . . . . . . . . . . . . . 53 - L5 SPECIFICATIONS FOR CITYWIDE STREET TREE SERVICE RESOLUTION NO. 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BA APPROVING PLANS AND SPECIFICATIONS FOR CITYWIDE STREET TREE SERVICE I SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE O RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar t� maintain certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the maintenance of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the plans and specific tions for Citywide Street Tree Service. SECTION 2. That the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids orpro osals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following works and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS19 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 11:00 o'clock A.M. on April 27, 1992, sealed bids or proposals for Citywide Street Tree Service in said City. Bids will be opened and publicly read immediately in the offi a 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 Citywide Street Tree Service". 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 les than the general prevailing rate of per diem wages for holiday and over ime work. In that regard, the Director of the Department of Industria Relations of the State of California is required to and has determ'ned such 4 general prevailing rates of per diem wages are on file in the of] City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Coplel Diamond Bar, California, and are available to any interested part request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall fc penalty to the City of Diamond Bar, not more than fifty ($50.00) laborer, workman, or mechanic employed for each calendar day or F thereof, if such laborer, workman, or mechanic is paid less than general prevailing rate of wages hereinbefore stipulated for any under the attached contract, by him or by any subcontractor under violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the L as amended by Chapter 971, Statutes of 1939, and in accordance wi regulations of the California Apprenticeship Council, properly in apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 a 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 of subco employing tradesmen in any apprenticeable occupation to apply to apprenticeship committee nearest the site of the public works pro which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio apprentices to journeymen that will be used in the performance of contract. The ratio of apprentices to journeymen in such cases s] be less than one to five except: 'ice of the Drive, y of rfeit, as for each ortion the work done him, in r Code the turgid 1777.6 tractor he joint ect and of the all not A. when unemployment in the area of coverage by the jointappren- ticeship committee has exceeded an average of 15 perceni 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 annualalis statewide or locally; or lb D. When the Contractor provides evidence that he employs re apprentices on all of his contracts on an annual average less than one apprentice to eight journeymen. 5 ;istered of not The Contractor is required to make contributions to funds e: for the administration of apprenticeship programs if he employs i apprentices or journeymen in any apprenticeable trade on such col if other Contractors on the public works site are making such cor tions. The Contractor and subcontractor under him shall comply wi requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standard, wage schedu other requirements may be obtained from the Director of Industria Relations, ex -officio the Administrator of Apprenticeship, San Fr California, or from the Division of Apprenticeship Standards and offices. Eight (8) hours of labor shall constitute a legal day's work workmen employed in the execution of this contract and the Contra any subcontractor under him shall comply with and be governed by of the State of California having to do with working hours as set Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the California as amended. The Contractor shall forfeit, as a penalty to the City of Di twenty-five ($25.00) for each laborer, workman, or mechanic emplc execution of the contract, by him or any subcontractor under him, of the work hereinbefore mentioned, for each calendar day during laborer, workman, or mechanic is required or permitted to labor n eight (8) hours in violation of said Labor Code. tablished egistered tracts and tribu- the es, and ncisco, is branch for all :tor and he laws forth in State of mond Bar, ed in the upon any hich said re than 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 10 percent (ion) 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 cont act said cash, cashier's check, or certified check, or bond shall become th property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next to est bidder, the amount of the lowest bidder's security shall be applie by the City of Diamond Bar to the difference between the low bid and the econd lowest bid, and the surplus, if any, shall be returned to the lowe t bidder. 6 The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (1000) of the contract price thereof, and an additional bond in an amount equal to fifty percent (5o%) 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 ay 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 Class C-27 or C-61 Contractor at the 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 o ans and the City Clerk at the City Hall, Diamond Bar, California. Copies of the p specifications will be furnished upon application to the City of Diamond Bar and payment of $15:00, said $15.00 is non-refundable is non-refundable. 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 non -reimbursable 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 he Contractor's request and at the Contractor's sole cost and expense substitute authorized securities in lieu of monies withheld (perfo ance retention). The City of Diamond Bar, California, reserves the right to re any and all bids. The Engineer's Estimate is: $50,000 By order of the City Council of the City of Diamond Bar, California. Dated this 7th day of April, 1992. 7 PASSED, APPROVED AND ADOPTED this 7th day of April, 1992, ATTEST: CITY CLERK TvL's}i1�7 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on tha 7th day of April, 1992 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: 8 LYNDA BURGESS, City Jerk City of Diamond Bar INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM: The City invites bids on the form at be submitted at such time and place as is stated in the Notice Ir Sealed Bids. All bids should be made in accordance with the prop the Standard Specifications for Public Works Construction, 1991 k All blanks on the bid form must be appropriately filled in. All be submitted in sealed envelopes bearing on the outside the name bidder, his address, and the name of the project for which the bi submitted. It is the sole responsibility of the bidder to see th is received in proper time. Any bid received after the scheduled time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL GUARANTEE: Eachproposal shall be accompanied by ca cashiers or certified check or by a bid bond in the amount of not ten percent (10%) of the amount named in the proposal. Said chec. shall be made payable to the City Clerk of the City of Diamond Ba: shall be given as a guaranty that the bidder, if awarded the work enter into a contract within ten (10) days after written notice o: award and will furnish the necessary bonds as hereinafter provide( case of refusal or failure to enter said contract, the check or b( the case may be, shall be forfeited to the City. No bidder's bon( accepted unless it conforms substantially to the form furnished b; City, which is bound herein, and is properly filled out and execui 3. SIGNATURE: The bid must be signed in the name of the bidder bear the signature in longhand of the person or persons duly aut sign the bid on behalf,of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapi of the work bid upon, alternative proposals or any other modificat the bid form which is not specifically called for in the contract may result in the Owner's rejection of the bid as not being respon the invitation to bid. No oral or telephonic modification of any submitted will be considered but a telegraphic modification may be considered and only if a postmark evidences that a confirmation of telegram duly signed by the bidder was placed in the mail prior to opening of bids. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction i suitably authenticated by affixing in the margin immediately oppos. correction the surname or surnames of the person or persons signing bid. 5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between wo figures, the words shall prevail. If the amounts bid on individua (if called for) do not in fact add to the total amount shown by th the correctly added total of the individual items shall prevail ov total figure shown. The estimated quantities and amounts are for purpose of comparison of bids only. The City Council of the City Diamond Bar reserves the right to reject any or all bids and to wa irregularity or informality in any bid to the extent permitted by 9 tached to viting isions of clition. bids shall of the i is it the bid closing h or by a less than or bond and will the In rid, as will be the must zed to tulations ions of 3ocuments sive to Did the the to the the z and items bidder, the f ve any aw. 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine car, site of the proposed work and the contract documents therefore. assumed that the bidder has investigated and is satisfied as to conditions to be encountered as to the character, quality, d cp materials to be furnished, and as to the requirements ofthenconi specifications and drawings. The name of the individual who exai site of the work and the date of such examination shall be statec proposal. By submitting a bid, the bidder will be held to have personally e the site and the drawings, to have carefully read the specificati to have satisfied himself as to his ability to meet all the diffi attending the execution of the proposed contract before the deliv Proposal, and agrees that if he is awarded the contract, he will claim against the City of Diamond Bar based on ignorance or misun standing of the contract provisions. :fully the It will be antity of ract, fined the in the mined S, and lties Y of his ke no r- 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 nder this contract until he has secured all insurance and bonds required uncler 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. Certi icates of insurance in the amounts required shall be furnished by the contr ctor 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 bodi y injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resu ting directly or indirectly from the performance or execution of this c ntract 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 im 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 mor than one person injured in one accident and in the amount of not less t an $500,000 with respect to any property damage aforesaid. The City hall be named a co-insured regardless of fault. 10 The contractor shall secure with a responsible corporate surety, corporate sureties, satisfactory bonds conditioned upon faithful performance by the contractor of all requirements under the cont upon the payment of claims of materials, men and laborers thereu Faithful Performance Bond shall be in the sum of not less than o percent (100%) of the estimated aggregate amount of the payments under the contract computed on the basis of the prices stated in Proposal. The Labor and Material Bond shall be in the sum of no one hundred percent (100$) of the estimated aggregate amount of payments to be made under the contract computed on the basis of stated in the proposal. 9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person conteml submitting a bid for the proposedcontract is in doubt as to the meaning of any pert of the drawings, specifications, or other car, documents, or finds discrepancies in, or omissions from the drawi specifications, he may submit to the Owner a written request for interpretation or correction thereof. The person submitting the will be responsible for its prompt delivery. Any interpretation correction of the contract documents will be made only by Addendu issued and a copy of such addendum will be mailed or delivered to person receiving a set of the contract documents. No person is a to make any oral interpretation of any provision in the contract to any bidder, and no bidder is authorized to rely on any such un oral interpretation. 10. DIS UAL IFKATION OR BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or association under # or different names, will not be considered. Reasonable grounds fc believing that any bidder is interested in more than one proposal work contemplated will cause the rejection of all proposals in whi bidder is interested. If there is reason for believing that collo exists among the bidders, all bids will be rejected and none of th participants in such collusion will be considered in future propos il. AWARD OF CONTRACT: The City may award the contract to the to responsible bidder on the total base bid or on any one of the alte indicated in the proposal. Bids will be compared on the basis of lowest possible cost relative to the alternate or alternates selec the contract, if awarded, will be awarded to a responsible bidder proposal complies with the requirements of these specifications. award, if made, will be made within sixty (60) calendar days after opening of the proposals; provided that the award may be made afte: period of the successful bidder shall, not have given the City writ - notice of the withdrawal of his bid. 12. ALTERNATES: If alternate bids are called for, the contract mi awarded at the election of the governing board to the lowest respol bidder on the base bid, or on the base bid and any alternate or col of alternates. 11 or act and der. The e hundred to be made the less than prices ating rue ract gs and quest duly each thorized ocuments uthorized ne same r for the Ch 'such Sion cls. gest 'nates :he :ed and chose 'he the said .en y be sible bination 13. COMPETENCY OF BIDDERS: In selecting the lowest responsible consideration will be given not only to the financial standing bi the general competency of the bidder for the performance of the covered by the proposal. 14. LISTING SUBCONTRACTORS: No subcontractors shall be permitti 15. WORKMEN'S COMPENSATION: In accordance with the provisions c 3700 of the Labor Code, the Contractor shall secure the payment c compensation to his employees. The Contractor shall sign and fi] Owner the following certificate prior to performing the work undo contract: "I am aware of the provisions of Section 3700 of the I which require compensation or to undertake self-insurance in acct with the provisions of that code, and I will comply with such prc before commencing the performance of the work of this contract.,, 16. BID DEPOSIT RETURN: Deposits of three or more low bidders, being at the discretion of the Owner, will be held for sixty days posting by the successful bidder of the Bonds required and return executed copies of the Agreement, whichever first occurs, at whit deposits will be returned after consideration of the bids. 17. EXECUTION OF CONTRACT: The bidder to whom award is made sha a written contract with the City on the form agreement provided, secure all insurance and bonds as herein provided within ten (10) the date of written notice of the award. Failure or refusal to e a contract as herein provided, or to conform to any of the stipul requirements in connection therewith shall be just cause for the Of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the contract may award the contract to the second lowest responsible bidder. second lowest responsible bidder refuses or fails to execute the the City may award the contract to the third lowest responsible b: the failure or refusal of such second or third lowest bidder to ei contract, such bidder's guarantees shall be likewise forfeited to The work may then be readvertised. bidder, it also to io rk f Section f e with the r this abor Code rdance visions he number or until of time the .1 execute .nd shall days from .ter into ted nnulment the City f the ontract, dder. On ecute the the City. 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. 18' EMPLOYMENT, OFAPPRENTICES: The contractor, and all subcontr tors, 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 employm nt of apprentices; however, the contractor shall have full responsibilis ipt for compliance with said Labor Code section, for all apprenticeable oc upa- tions, regardless of any other contractual or employment relations alleged to exist. In addition to the above State Labor Code Requir ments 12 regarding the employment of apprentices and trainees, the contra for and all sub -contractors shall comply with Section 5 a. 3, Title 29 o the Code of Federal Regulations (29CFR). 20. EVIDENCE OFRE PONSIBILITY: Upon the request of the Cit whose bid is under consideration for the award of the contract �sh lldder 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 specifica- tions. Pursuant to Labor Code Section 1775, the Contractor shall forfeit as penalty to the City of Diamond Bar, not more than fifty dollar for laborers, workmen, or mechanics employed for each calendar da ($50.00) 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 anysubcon- tractor under him, in violation of the provisions of the Labor Co e, 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 firs payment made under this contract. 23. TIME OF COMPLETION AND LI UIDATED DAMAGES: Bidder must agree to commence work on or before the date of the written "Notice to Proc ed" of the City and to fully complete the project as identified in Exhibit "A" within one hundred twenty (120) calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of one -hundred do cars ($100.00) for each calendar day thereafter as provided in the Gene al 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. 25. UANTITIES: 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 atual quantity of work will correspond to the estimate. The right is reserved by the City of Diamond Bar to increase or de rease or 13 to entirely eliminate items from the work if found desirable or The Contractor profits or for the estimated eliminated by xpedient. will be allowed no claims for anticipated profits, loss of any damages of any sort because of any difference between and actual quantities of work done or for work dec eased or the City of Diamond Bar. The City Council of the City of Diamond Bar reserves the right t reject any or all bids and to waive any irregularity or informality in a y bid to the extent permitted by law. 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 tho e which are not logged in at the office of the City Clerk of the City of iamond Bar, prior to the date and hour set for receipt of same will not e 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 rpted over the signature of the bidder. 30. 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 itemtotal 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 it m 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 n the item. If the amounts bid on individual items (if called for) do not add p to the total amount shown, the correctly added total of the individual it ms shall prevail over the total amount. 14 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 he period of advertising. The addenda will be sent to the address the purc aser of the contract documents left with or furnished the City of Diamond Bar at the time the purchase was made. 33. TERM OF CONTRACT: The term of this contract shall be from t execution until June 30, 1993. o date of 15 BIDDERIS PROPOSAL TO PROVIDE CITYWIDE STREET TREE SERVICE IN THE CITY OF DIAMOND CALIFORNIA Date To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this p principals are the following: 7 , 19 al as (if the bidder is a corporation, give the name of the corporatio and the name of its president, secretary, treasurer, and manager. If aco- partnership, give the name under which the co -partnership does business, and the names and addresses of all co-partners. If an individual the name under which the contract is to be drawn.) , state (b) That this proposal is made without collusion with any person , firm or corporation. (c) That he has carefully examined the location of the and has familiarized himself with all of the physical and climate sed work, conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City 04 Diamond Bar. (g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached.schedule. It is understood and agreed that the quantities set forth are but estimates, and that the unit prices will apply to the actual quantities whatever they may be. 16 Accompanying this proposal is a certified or cashier's che bidder's bond, payable to the c or order of the City of Diamond Bar i the sum of Said bidder's bond has been duly executed byLtheundigned bidder and by state. sers a financially sound surety company authorized to transact business in this It is understood and agreed that should the bidder fail wit in fifteen days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar, but if this contract is entered into and said bonds are furnished, or if the bid is n t accepted then said check shall be returned to the undersigned, or the bid er will be released from the bidder's bond. Address of Bidder Telephone of B City Zip Code 17 Signature of Bidder SCHEDULE OF PRICES FOR THE CITYWIDE STREET TREE SERVICE IN THE CITY OF DIAMOND BAR In accordance with specifications therefore approved by the City council of the City of Diamond Bar the undersigned bidder is herewith submitting the following bid prices for the performance of the entire work as described in these specifications and attached drawings subject to this furnislling all materials. ITEM NO. DESCRIPTION UNIT TOTAL 1. Trim trees per the Lump Sum $ specifications listed under Area 111" 2. Trim trees per the Lump Sum specifications listed under Area 112" 3. Trim trees per the Lump Sum specifications listed under Area 11311 4. Trim trees per the Lump Sum specifications listed under Area 114" 5. Grand Total All Class Charges (from page 19) 6. Emergency Hourly Rate 20 Hours (from page 19) TOTAL BID AMOUNT ITEMS 1,2,3,4,5 & 6 TOTAL BID WRITTEN IN WORDS: NOTE: The total of trees serviced under Item 5 and 6 is an estimate. Numbers specified are for competitive bids only. The contract shall be paid based on the number of trees serviced. 18 WORKSHEET Indicate charges for work to the specific class and in accordance with the appropriate trunk diameter at breast height. See Section D, Paragraphs 1,2,3,&4 Emergency charges shall include all personnel, equipment other material used in completing work. Minimum service charge shall be at the rate of $ per hour with two (2) hour minimum.* Charges beyond minimum time shall be at the rate of $ per hour. Response time shall be 2 hours or less. *Rate based on boom truck, chipper, one tree trimmer and one 19 and CLASS CHARGES FOR ADDITIONAL AS NEEDED WORK PER TREE Trunk Measurements 0-61' 711-1211 1311-24t1 Over 24i1 Total Diameter Diameter Diameter Diameter (18-3/411 (37-5/811 (75-3/811 Cir) Cir) Cir) CLASS I $ + $ + $ + $ W $ CLASS II $ + $ + $ + $ = $ CLASS III $ + $ + CLASS IV $ + $ + $ + $ - $ REMOVAL $ + STUMP GRIND $ $ + Root Pruning 0-251 251-1001 100'-5001 5001 + Cost Per Linear Foot $ + $ + Subtotal of all Class Charges $ Subtotal x 10 equals Grand Total $ (Enter this total in Item 5) EMERGENCY CHARGES Emergency charges shall include all personnel, equipment other material used in completing work. Minimum service charge shall be at the rate of $ per hour with two (2) hour minimum.* Charges beyond minimum time shall be at the rate of $ per hour. Response time shall be 2 hours or less. *Rate based on boom truck, chipper, one tree trimmer and one 19 and Accompanying this proposal is (Insert "$ cash", "cashier's check", "certified check", or "bidder's bond", as the case may be) intheamount equal to at least ten percent ( oo) of the total bid. 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 not n cessarily limited to, materials, transportation, taxes, insurance, labor, Iverhead, and profit, for Contractor. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready f r use. 20 The undersigned further agrees that in case of default in exe required contract, with necessary bond, within ten (10) days, not Sundays and legal holidays, after having received notice that th has been awarded and is ready for signature, the proceeds of th accompanying his bid shall become the property of the City of Di and this proposal and the acceptance thereof may be considered nut_ NAME OF BIDDER (PRINT) ADDRESS CITY STATE CONTRACTOR LICENSE NO. SIGNATURE ZIP CODE TELE - CLASSIFICATION - EXPIRATION DA SUPERVISORS CERTIFIED TREEWORKER - Name: No.. I declare under penalty of perjury of the laws of the State of that the representations made herein are true and correct in acro the requirements of California Business and Professional Cc 7028.15. CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER 21 :uting the including contract security ►mond Bar, and void. E lifornia nce with Section CONTRACTOR'S L'{DUSTRLgL SAFETY RECORD ?r�,,eCI [ioZ This information must include all $id Date or co oonstrucsdd work undertaken in the State of Cali by the bidder and any partnershi join[ venture rporation that any prineipai of the bidder calendar year prior t0 the date of bid Submittal, tcapa[ed to as a principal or owner for the fast five calendar ,teen a d the current Corporation or individual bidder. The bidder tan parate information shall be submitted for each p artnenhi consideration in evaluating the safe y attach any additionai iaformatian or articular p p. joint venture, safety record- explanation must De attached of the on c�ircl mstancaof sutrto, noting ahe ny al dl Ike all tataJn into 5 Calendar Years Prior so CutTent year 1987 1988 1989 1990 TOTAL CURr, ENT YEAR 1. Na of contracts 2• Total dollar amount of con ttacia (in thousands of S) I No. of fatalities 4. No. of lost workday Casa s Na of last wort tnttsfer W another invWvin= permanent iter job or termination o( employment 6'' No. of foss workday, `ilte infotmatioe tnyuired ibr � is the Same as requited for columns 3 to 6, Code 14, Summaty - Omupaicxmal In' Iilttesaea, OSF-A No. 102, Occrtpatioaal injuria, The above information was cvmpikd from the tteWC& that ate available to meat this time and 1 deUate trader information is true and aeottrate within We limitatiooe of chest t'aot+tb. ?malty o(perj that the Name ofBidder (ptW) Signature VN4 `�N06 City Zap Code NONCOLLUSION AFFIDAVIT state of California- ) ss. County of Los Angeles } deposes and says that he or she is being first duly s orn, ofthe party making the foregoin bid that the bid is not made in the interest of or on behalf of, any undiciclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any other bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in theids are true; and, further, that the bidder has not, directly or indirectly submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, id depository, or to any member or agent thereof to effectuate a col usive or sham bid. Signature STATE OF CALIFORNIA COUNTY OF LOS ANGELES Subscribed and sworn to before me this 1991. day of Notary Public in and for the County of Los Angeles, State of California My Commission expires 1992. 23 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE einarter re 3 to as "Contractor" as PRINCIPAL, as SURETY, are held and firmly bound unto the CITY OF DIAMOND B CALIFORNIA hereinafter referred to as the "City°, in the sum of ($ ) lawful money of the United States of America, for the Dollars payment of which sum, will and truly to be made, we bind oursely s, 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 land 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 ione 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 mat rials 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 1992. ---- PRINCIPAL BY: (SEAL) 24 SURETY BY: ( SEAL) 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 lawful money of the United States of AmericaDOLLARS ($ , 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 C ntract 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 entit.led and Dy said City to give this bond in connection with the execution f saidired 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 c se. suit is brought upon this bond, a reasonable attorney's fee, to be fin d by the court. This band shall immure to the benefit of any and all per entitled to file claims under Section 1192.1 of the Code of Civil Procedure sns 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 IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1992. PRINCIPAL BY: ( SEAL) By 25 SEAL) BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as princii and firmly boundunto the City of Diamond Bar in the sum stoutenyI (10%) of the total amount of the bid of the principal, to be pais said City or its certain attorney, its successors and assigns; fc payment will and truly to be made, we bind ourselves, our heirs, and administrators, successors or assigns, jointly and severally, these presents. In no case shall the liability of the surety hereunder exceed the THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above mentioned bid City of Diamond Bar for certain construction specifically describ follows, for which bids are to be opened at Diamond Bar CityHall for citywide street tree se. NOW THEREFORE, if the aforesaid principal is awarded the contract within the time and manner required under the specifications, aft prescribed forms are presented to him for signature, enters into ; contract, in the prescribed form in accordance with the bid, and two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materia; required by law, then this obligation shall be null and void; othc shall remain in full force and effect. In the event suit is brouc this bond by the obligee and judgment is recovered, the surety sh4 all costs incurred by the obligee in such suit, including a reason attorney's fee to be fixed by the court. 26 al, and are held ercent to the r which executors firmly by o the d as on vice. and r the written iles the s, as rwise it ht upon 11 pay able BIDDERIS BOND (CDNTINUED) IN WITNESS WHEREOF, -we have hereunto set our hands and seals on his day of A.D., 1992 (seal) (seal) (seal) PRINCIPAL (seal) (seal) (seal) seal) (seal) ADDRESS NOTE: Signatures of those executing for the surety must be properly acknowledged. 27 KNOW ALL MEN and entered into, and the Mayor, by AGREEMENT BY THESE PRESENTS: in duplicate, as of and between That the following agreemet is made the date executed by the City Clerk iiereinairer reterred to as the "CONTRACTOR" and the City of Diam nd Bar, California, hereinafter referred to as "City". WHEREAS, were received, notice; and pursuant to Notice Inviting Sealed Bids or Proposal, bids Publicly opened, and declared on the date specifies in said WHEREAS, City did accept the bid of Contractor WHEREAS, City has authorized the City Clerk and Mayor to ent written contract with Contractor for furnishing labor, equipment, material for Citywide Street Tree Service as described in Exhibit and; x into a and "A". NOW, THEREFORE, in consideration of the mutual covenants her in contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all nec ssary Tabor, tools, materials, appliances, and equipment for and do the work for citywide street tree service. 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 accord nce with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: 7he aforesaid specifications are incorporated herein by reference the eto and made a part hereof with like force and effect as if all of said d cuments 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 writen agreement, the provisions of this written agreement shall control. 28 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contra ten (10) calendar days from the date of notice of award of the cc upon notice by City -after ten (10) calendar days from the date 01 award of the contract or upon notice by City after the 10 calende and to complete his portion of the work within one hundred twentl calendar days from the execution of the first contract. The bide further to the assessment of liquidated damages in the amount of one -hundred ($100.00) dollars for each calendar day the work reme incomplete beyond the expiration of the completion date. City ma the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the date of completion shall not constitute a waiver of liquidated da 4. INSURANCE: The Contractor shall not commence work under contract until he has obtained all insurance required hereunder i company or companies acceptable to City nor shall the Contractor subcontractor to commence work on his subcontract until all insur required of the subcontractor has been obtained. The contractor out and maintain at all times during the life of this contract th following policies of insurance: a. Com ensation Insurance: Before beginning work, th Contractor shall furnish to the Engineer a certifi insurance as proof that he has taken out full comp insurance for all persons whom he may employ direc through subcontractors in carrying out the work sp herein, in accordance with the laws of the State o California. Such insurance shall be maintained in force and effect during the period covered by this ct within ntract or notice of r days, (120) er agrees ins Y deduct cheduled ages. this a llow any nce hall take ate of nsation ly or cif ied full 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: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before comma ting the performance of work of this contract." b. For all operations of the Contractor or any subcont actor in performing the work provided for herein, insurance ith the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $5p0,000 each person; $1,000,000 each accident. I 29 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 per on; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each a cident. C. Each such policy of insurance provided for in par graph b. shall: p d. 1) Be issued by an insurance company approved i writing by City, which is qualified to do business i 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 incl ded; 3) Specify it acts as primary insurance and tha no insurance held or owned by the designated ad itional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the follow&J words: "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 form satisfactory to City. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all p rsons and entities specified in subparagraph 4.c.(2) he eof to be listed as additional insureds in the policy o insurance provided for in paragraph b. by rea on of any claim arising out of or connected with the op rations of Contractor or any subcontractor in perform ng the work provided for herein; 30 2) Provides it shall not be canceled or altered without thirty (30) days, written notice thereof giv n to city by registered mail. _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 additiona 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 c aracter in locality in which the public work is performed, and not less t an the general prevailing rate of per diem wages for holiday and overtimB work. In that regard, the Director of the Department of Industrial Rela ions of the State of California is required to and has determined such ge eral prevailing rates of per diem wages. Copies of such prevailing ra es of per diem wages are on file in the office of the City clerk of the Citr of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, Califo nia, and are available to any interested party on request. City also shat cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) far 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 provi ions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statu s of 1939, and in accordance with the regulations of the California Ap rentice- ship council, properly indentured apprentices may be employed in he prosecution of the work. Attention is directed to the provisions in Sections 177,5 of the Labor Code concerning the employment of apprentices y the Contras r 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 rati of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases sh 11 not be less than one to five except: 31 a. When unemployment in the area of coverage by the apprenticeship committee has exceeded an average percent in the 90 days prior to the request for or pint �f 15 rtificate, 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 contribution tc 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 compl I y with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage chedules, and other requirements may be obtained from the Director of Indusrial ' Relations, ex -officio the Administrator of Apprenticeship, San Fr ncisco, California, or from the Division of Apprenticeship Standards and ts•branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall con legal day's work for all workmen employed in the execution of thi contract, and the Contractor and any subcontractor under him shal with and be governed by the laws of the State of California havin with working hours set forth in Division 2, Part 7, chapter 1, Ar the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twi dollars ($25.00) for each laborer, workman, or mechanic employed execution of the contract, by him or any subcontractor under him, of the work hereinbefore mentioned, for each calendar day during laborer, workman, or mechanic is required or permitted to labor n eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay tr subsistence pay to each workman needed to execute the work requir contract as such travel and subsistence payments are defined in t applicable collective bargaining agreements filed in accordance w Code Section 1773.8. 32 'titute a comply j to do :icle 3 of ity-f ive .n the upon any hich said re than vel and d by this e th Labor 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its agents and employees shall not be answerable or accountable in an, for any loss or damage that may happen to the work or any part thl for any of the materials or other things used or employed in perf: work; or for injury -or damage to any person or persons, either wo: employees of the contractor of his subcontractors or the public, ( damage to adjoining or other property from any cause whatsoever ai of or in connection with the performance of the work. The contra( be responsible for any damage or injury to any person or property from defects or obstructions or from any cause whatsoever, except negligence or willful misconduct of City, its employees, servants, independent contractors who are directly responsible to City durir progress of the work or at any time before its completion and finz acceptance. The Contractor will indemnify City against and will hol City harmless from any and all actions, claims, damages to person property, penalties, obligations, or liabilities that may be asse claimed by any person, firm, entity, corporation, political subdi 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 t: concurrent passive or active negligence on the part of City, but such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or w. misconduct of city, its employees, servants, or independent contra are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions f connection with any of said claims, damages, penal obligations, liabilities and will pay all costs an expenses, including attorneys, fees incurred in co: therewith. b. The Contractor will promptly pay any judgment rende against the Contractor or City covering such claims damages, penalties, obligations, and liabilities ar of or in connection with such work, operations, or activities of the Contractor hereunder, and the Con - agrees to save and hold the City harmless therefrom C. In the event City, without fault, its made a party action or proceeding filed or prosecuted against he Contractor for damages or other claims arising out connection with the work, operation, or activities < contractor hereunder, the contractor agrees to pay i any and all costs and expenses incurred by City in action or proceeding together with reasonable attorr fees. 33 officers, manner reof, or firming the kme n r for ising out for shall resulting the sole or g the 1 and save or ted or ision, or ere is xcluding llful (tors who led in ies, zection ~ed Lsing out :ractor :o any if or in �f the :o City .uch .evs' So much of the money due to the Contractor under and b the contract as shall be considered necessary by City may be ret City until disposition has been made of such actions or claims f as aforesaid. 10. NON-DISCRIMINATION; No discrimination shall be made i employment of persons upon public works because of the race, col religion of such persons, and every contractor for public works this section is subject to all the penalties imposed for a viola Division 2, Part 7, Chapter 1 of the Labor Code in accordance wi provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Cont furnishing all material and doing the prescribed work the unit pr forth in the Price Schedule in accordance with Contractor's Prope 1992, in the total amount of $ 12. ATTORNEYS' FEES; In the event that any action or prose brought by either party to enforce any term or provision of this the prevailing party shall recover its reasonable attorneys' fees incurred with respect thereto. 34 virtue of .fined by �r damage the r, or iolating ion of h the actor for ces set al dated >.ding is ►greement, and costs IN WITNESS WHEREOF, the parties hereto have caused these prsents 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 APPROVED AS TO FORM Date By: Title Title CITY OF DIAMOND BAR, CALI City Attorney By. Mayor Contractor's Business Phone By: Emergency Phone at which Contractor can be reached at any time 35 y Cler SPECIAL PROVISIONS I. GENERAL CONDITIONS All work shall be done in accordance with the 1991 Edition Standard Specifications for Public Works Construction, here: referred to as Standard Specifications, Plans, Standard Con: Drawings and these Special Provisions. 2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS Section 2. Scope and Control, of Work. Section 2-1. Award and Execution of Contrac fol lowincz (a) Examination of Plans- Snar_, f; t -a+-; --- Site of Work: The bidder is re u_:.y y -yl¢i VLUVISZor site and the quired to examine carefu proposal, plans, specifications and contra for the work contemplated, and it will be assumed that has investigated and is satisfied as to the conditions encountered, including all installations and utilities, underground, surface or overhead, as to the character, and quantities of work to be performed and materials to furnished, and as to the requirements of the specificat special provisions and the contract. It is mutually ag submission of a proposal shall be considered prima faci that the bidder has made such examination. f the nafter truction ly the :t forms .he bidder o be whether uality be ons, the eed that evidence (b) Proposal. Form: All proposals must be made upon blank forms to be obtained from the City Clerk at City Hall, 21660 E. Copley Dr, Suite 100, Diamond Bar, CA. All proposals must give the proposed, both in writingand figures, prices gores and must be signed by the bidder, and his address shown. If the proposal is made by individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer. (c) Rejection of Proposals Containin Alterations Erasures or rre a ities: Proposals may be rejected if they show any alterations of form additions not called for, conditional or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. 36 (d) Bidder's -Guaranty: All proposals shall be presented u der sealed cover and shall be accompanied by cash, cashier's checR or certified check payable to, or bidder's bond in favor cf the City of Diamond Bar in an amount of said proposal, and no proposal shall be considered unless such cash, cashier's check, certified check, or bidder's bond in enclosed therewith. (e) Award of Contract: The award of the contract, if it b� awarded, will be to the lowest responsible bidder. (f) Return of Bidder's Guarantees: Proposal guarantees will be held until the contract has been finally executed, after whi h they will be returned to the respective bidders whose proposals they accompany. The Notice Inviting Sealed Bids, Proposal, Bonds, Instructions for Bidders, General Provisions and Detail Specificatio s, shall be deemed incorporated in the contract by reference. A corpora- tion to which an award is made will be required, before the contract is finally executed, to furnish evidence of it corporate existence that the officer signing the contrat and bonds for the corporation is duly authorized so to do. _uL����lun �-0.1. dans and S ecifications-General is amen ed b t addition of the following: An addendum to these specifications may be issued by the Engineer at any time prior to the bid opening. Section 5. Utilities. This section is modified by addition of -the following subsections. following• The Contractor shall notify Underground Service Alert (USA) 1-800-422-4133 two working days prior to the start of any bo excavating operations. The Contractor shall notify the owners of all utilities 48 h before start of construction. The utility owners listed may contacted as indicated: t Utility owners who may have which may affect the work are as follows: General Telephone 1400 E. Phillips Blvd. Pomona, California 91766 (714) 865-3307 37 or ities Southern California Edison Company 800 West Cienega San Dimas, California 91773 (714) 592-3724 Walnut Valley Water District 271 South Brea Canyon Road Walnut, California 91789 (714) 595-7554 Southern California Gas Company Distribution Department 920. S. Stimson Ave. City of Industry, Ca 91745 (714) 394-4327 Underground Service Alert 1 (800) 422-4133 Subsection 5-2. Protection. The Contractor is hereby alertei existence of all utility lines shown on the plans. The Cont: shall carefully protect all lines during the course of const; The Contractor is cautioned to protect_ existing utilities an( appurtenances which may be within the work area. Particular shall be given to water valves. to the uction. their attention Prior to commencing construction the contractor shall submit for approval a construction schedule. Labor Discrimination. No discrimination shall be made in the employment of such persons upon public works because of the race, color, or religion of such persons and every contractor for rublic works violating this section is subject to all the penalties imposed for a violation of Chapter it or Part Vil, Division 2 of the Labor Code in accordance with the provisions of Section 1735 thereof. Subsection Z-3-%1A--QQ=actcr.'s sWork. Until acceptance of the work in writing by the City of Diamoni Bar, the contractor shall have the charge and care of the work sit at all times and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whethe arising from the execution or from the non execution of the work. Th contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of th3 above causes before final acceptance and shall bear the expense thereof. 38 The City of Diamond Bar permits stockpiling of excavation material and/or construction material only in an authorized location This requirement also applies to the location of a material and equipment yard and a construction office. All existing improvements (except utilities) which are removed or damaged during the course of construction of the project shall be restored to a condition equal to or better than, in all respects, the existing improvements removed or damaged unless otherwise s ecified or noted on the drawings. Full compensation for conforming to the requirements of thi section shall be included in other items of work performed and no aditional compensation will be allowed. Subsection 74.1 Duration of Contract: The Contractor shall begin work on or before the date of aitten "Notice to Proceed" and shall complete the entire project wo k within one hundred -twenty (120) calendar days. following: No public street, or portion thereof, may be closed to throw h traffic as a part of this Contract. However, if, in the opinion of he Engineer, it is in the interest of the City of Diamond Bart close the street, the contractor shall close the street as directel by the Engineer. Full compensation for conforming to the requireme is of this section shall be included in other items of work perfoed and no additional compensation will be allowed. ;+ I The Contractor shall furnish all flagmen and guards and supply and install all signs, lights, flares, barricade delineators, and other facilities which are necessary to expedite the passage of puBlic traffic through or around the work or to prevent accidents or damage or injury to the public or to give adequate warning to the public of any dangerous conditions to be encountered. The Caltrans "Manual of Traffic Controls" shall be used for all traffic control on this project. Subsection 7-11 gHORING OF EXCAVATIONS Shoring of excavations is not generally required on this project, however, the City's Engineer may determine that shoring is required in portions of the construction area, due to the type of trench excavation proposed by the contractor. The City has performed no soil testing to determine preciselwhat areas, if any, will require shoring. Shoring of excavation if required shall be in accordance with the 39 requirements of Subsection 306-1, as amended, of the Standard Specifications, and shall meet all the requirements of the Construction Safety Orders of the Department of Industrial Relations, State of California and of OSHA. Approved protective fencing and barricading will also be provided by the Contractor as a part of this item. Prior to the required excavation the Contractor shall obtain all permits required thereby. The Contractor shall conform to the Section 6424 of the Cali ornia State Labor Code regarding shoring and bracing of excavation . Of special importance in this regard is the following extract f om said section: "For the excavation of any trench or trenches five feet or more in depth, the Contractor shall submit for acceptance by the awarding body, or by a registered civil or structural a gineer employed by the awarding body, to whom authority has be n delegated, in advance of excavation, of a detailed pian showing the design of shorings, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared y a registered civil or structural engineer". Full compensation for conforming to the requirements of thissection shall be included in other items of work involved and no add tional compensation will be allowed. Section 9, Measurement and Payment. aza ra ns: The Contractor agrees that the payment of the amount under tie contract, and the adjustment and payment for any work done i accordance with any alterations of the same, shall release tie City of Diamond Bar, the City Council, the City Manager, and the City Engineer of any and all claims or liability on account of work perfo ed under the contract or any alterations thereof.. Pro res Pavmgnts. The Contractor shall be entitled each month to a monthly progress payment in an amount equal to ninety percent (90*) of the estimated percentage of actual work completed by the end of the preceding calendar month, based on the contract price less al previous payments, provided that in all events the City shall withhold no less than ten percent (10%) of the contract price until fi al completion and acceptance of the work. The contractor may s stitute in lieu of cash retention. This payment on account shall in no way be considered as an a ceptance of any part of the work or material of the contract, nor shal it in any way govern the final estimate. 40 ZiLn-al.Payments. After the completion of the contract, the shall make a final inspection of the work done thereunder, entirely satisfactory and complete, the City shall pay to t Contractor an amount which, when added to the payments prev and deductions -allowable to the City, will equal ninety per of the contract price. Thereafter the balance of the contr remaining unpaid shall be paid 35 calendar days after the r a Notice of Completion by the City. The payment of the fin due under the contract and the adjustment and payment for a: done in accordance with any alterations of the same shall rl City from any and all claims on account of the work perform the contract or any alterations thereof. 41 ineer if ously made ent (90a) ct price cording of 1 amount y work lease the d under TECHNICAL SPECIFICATIONS A. Scope of Work The work to be performed consists of two types: 1. Project Work - this work is described in Exhibit "A" and wil include trimming in accordance with the class description per these specifications. 2. Additional "As Needed Work" as assigned by the City - This work will be performed as needed. Typically this type of work is generated by citizen requests, emergencies and departmental needs. This work may occur in parkways, parks, maintenance districts and open spaces. The amount of work in this category is undeterminable at this time. Historically, approximately 300 trees per year have been serviced on an as -needed basis. This work shall include trimming, removiLls and stump grinding. The total number of trees to be serviced on an "as needed" basis may be more or less than historically serviced Procedure for additional work: 1. The contractor shall provide the City with a written bid in accordance with the unit class bid sheet within 3 working days of verbal or written request for extra work by the City. 2. Upon acceptance and authorization by the City to proceed wit extra work, the contractor shall complete the extra work within 5 orking days. It is the City's intent to provide the highest and most responsive level of service to the residents of Diamond Bar. B. NotiflCation Recruirements For project work, the contractor shall provide, at his sole expen notification to all affected residents in the project area. This notification shall be in two forms. 1. No Parking Signage - The contractor shall post no parking signage on streets where tree servicing is to occur. The signage shall 3tate the date of the parking restriction and shall be posted at least 18 hours in advance of the date work is to be performed. 2. Resident Notification - The contractor shall notify all resid nts in the project area of the tree servicing activity. Notificatioi shall be accomplished by means of a door hanger, indicating the typ of work to be done, and the approximate date that the work will take lace. Notification shall occur 5 to 10 days prior to the work begin iing in a 42 C. f7P. specific area. The City of Diamond Bar name shall be prom Placed on the hanger. The contractor's phone number shall be identified as the contact number for complaint resoluti City of Diamond Bar's phone number shall be listed, and id the contact number for information purposes. The text of the doorhangers shall be approved by the City use. Term of Contract The term of this contract shall be from the date of executi< June 30, 1992. PRUNING CLASSES ARE DEFINED AS THE FOLLOWING: 1. 2. 3. 4. Class I - Fine Prunincr Fine Pruning shall consist of the removal of dead, d diseased, interfering, objectionable, obstructing and branches as well as selective thinning to lessen wind r tance. Class II - Medium Pruning ently ppear, and The tified as for to n until ring, weak �sis- Medium Pruning shall consist of the removal of dead, dying, diseased, interfering, objectionable weak branches on the main trunks as well as those within the leaf areas. An occas oval branch up to one inch in diameter may remain within the main leaf area where it not practical to remove it. ADDITIONS to the standard specifications: All girdlingDots visible to the eye are to be reported to a supervisor a d/or the owner. Class II - Coarse Pruning Coarse Pruning shall consist of the removal of dead, dis or obviously weak branches, two inches in diameter or gre Class TV - guttincr Back Or Drop Crotch Prunin Cutting Back or Drop Crotch Pruning shall consist of reduction of tops, sides, under branches or individual li This practice is to be undertaken only in cases of uti line interference or where certain portions of the root root systems have been severed or severely damaged, or there is unusual and rapid tree growth, where it is neves to reduce the top, sides or under branches or for spec topiary training or dwarfing. 43 the mbs. lity s or ary fic E. TRIMMING SPECIFICATIONS Before any work commences, Contractor shall prune one typica tree of each different species scheduled for work. Work shall beo the satisfaction of the City Engineer and will be the form all other trees are trimmed to. 1. Method Of Trimming Ornamental Trees a. Trees with diffuse branching habit (Elms, Ash, Maples, Etc.) Remove all limbs to thirteen (13) feet of clearance from top of curb line. Remove all suckers, water sprouts, crisscrossing, dead, diseased, broken, heavily laden branches, and enough less desirable branches to reduce crown weight forty percent (4o%). Remaining branches shall be radially distributed to form scaffold branches in a circular space around the trunk, with a vertical space of 18-24" if possible. The crown shall form a symmetrical half sphere with the w ight evenly distributed after pruning. b. Trees with dominant main trunk or single leader and Small horizontal branches (Liquidambar, Pines, Cypress,etc.) Remove all limbs to thirteen (13) feet of clearance from top of curb line. Remove all suckers, water spouts, crisscrossing, ead, diseased, broken, heavily laden branches, and enough less desirable branches to reduce crown weight by thirty pe cent (301%) . The finished tree shall forma pyramid shape. 2. Method Of Trimming palm Trees All dead or dropping fronds shall be removed as closet the trunk as possible, leaving five to seven healthy fronds a enly spaced at top of trunk. Upon completion, the tree trunk shall be cleared of all rand remnants. Remnants shall be cleaned from trunk with atile knife or similar tool. 44 3. Method Of rimmincr.Eucalvptus trees Clean all debris from base of tree. Trim tree -per Group 1, Section b. (Trees with dominant main trunk), removing forty percent (40%) of crown weight. Upon completion, the tree shall have a conical shape with even distribution of weight around main trunk. 4. Method Of Raisin Removal of all limbs to thirteen (13) feet of clearanc from top of curb line. 5. Method Of Topping Topping shall consist of reducing the head size from th tree crotch by twenty five percent (25%). Group,3 trees shall be topped at forty (40) feet in he'ght. 6. Method Of Removin The maintenance superintendent will mark tree for removal with an orange "X". Should a tree be scheduled for removal and not be marked, or if there is any doubt about the tree to be removed, the Maintenance Superintendent shall be contacted before work commenced. All trees shall be removed by sections; no single se tion shall exceed five (5) feet in length. Trunks and/or limbs over six (6) inches in diameter sha 1 be cut in sections not to exceed five (5) feet in lengti. and lowered to the ground. The means of lowering shall be acceptable to the City. All stumps and large surface roots shall be cut off atg ound level to not less than twelve (12) inches below existing rade and area backfilled to grade. 7. Method Side Prunin Raise tree to thirteen (13 ) foot height around entire rig t of way area; clean all debris from base of tree. I Remove all limbs two feet back from curb face or edg�+ of pavement the entire height of tree on one side only. II 45 8. Cuts All cuts shall be made close to the trunk without curin the branch collar so that closure can readily start normal conditions. Clean cuts shall be made at all ti: into under es. Remove the weaker or lease desirable of crossed or rubbing branches. It is necessary to pre-cut branches too heavy to handle to prevent splitting or pealing the bark. a. Small Limbs Small limbs (less than one (1) inch in diameter), including water sprouts and suckers, shall be cut s per Appendix A. b. Large Limbs Large limbs (over one (1) inch in diameter) shall be cut with a saw, using the following procedure: Make the first cut on the under side of the branch, one t two feet from crotch. The undercut should be at least 1/3 of the diameter. Make the second cut on the branch top ide, one to three inches further from the crotch thar, the first; the limb should break off between the two uts. The third cut shall be made as per Appendix A. 9. Removing Dead, And Diseased Wood The cut shall be made in healthy wood well below the i fec- tion, twelve to eighteen (12-18) inches if possible. When pruning diseased wood, pruning equipment shall be sterilized with an effective disinfectant between each cut. Treatment of cuts and wounds with tree dressing is optional except where open wounds in certain trees may attract insects that carry disease or allow fungus invasion. Trunks and/or limbs over six (6) inches in diameter shall be cut in sections not to exceed five (5) feet in length and lowered to the ground. The means of lowering shall. be acceptable to the City. All stumps and large surface roots shall be cut off at i level to not less than twelve (12 ) inches below existing and area backfilled to grade. 46 10. Inspection Old injuries are to be inspected. The presence of any structural weakness, disease condi ions, decayed trunk or branches, split crotches or branches hould be reported in writing to the City Engineer. All pruning tools (extension pruners, handsaws, power saws, topers, hand pruners and pruning knives) shall be kept sharp and in good working condition. 11. Climbing Spikes shall not be used for climbing live trees without written permission of the City Engineer. II 12. Clean -Un The Contractor shall chip or remove brush as work progre ses. The street and parkway and private property shall be kept clean of debris at all times. Any debris left upon the site after the close of each day's operation shall be remov d by the City of Diamond Bar and the cost deducted fro the Contractor's payment. 13. Equipment Bidders are required to have the following minimum equi available for use in the City: 1 Skyworker 1 Brush Chipper 1 Pickup Truck 1 Stump Grinder 1 1 1/2 Ton Brush Truck 6 Chain Saws All vehicles shall have the Contractor's name clearly visible. All equipment used for trimming or removal of City trees shall be kept in good working order. A representative of the Division of Engineering shall judge the condition of equipment used. Any piece of equipment judged to be unsafe shall be removed from the job site immediately. Successful bidder, at the time of the execution of contract, shall provide a California State Certificatio Condition for his Skyworker. 47 the I of 14. 15. Work Schedule Work will be assigned and completed on an "as needed" asis. Majority of work will be scheduled in the spring, wint r and fall months. Contractor will secure a list of projects from the Engineering Division. Routine projects must be completed within thirty (30) days of assignment. All work performed in the City, other than emergencies, shall occur on Monday through Friday, from 8:00 a.m. to 5:00 P.M. The hours of tree servicing shall be as specified except in cases of tree servicing in median islands. Due to traffic volumes, work shall not begin before 9:00 a.m. and sha 1 be completed by 3:00 p.m, Work shall not occur on the weekends or holidays unless it is an emergency. All changes as to the work schedule must be approv d in advance by the Division of Engineering. Approved changes will be issued to the Contractor on an Addendum List. Emergency Tree Service Contractor shall respond to emergency calls within tw (2) hours from time of notification. Contractor must designate a person within his company who will respond to emergency calls 24 hours a day. Contractor shall submit telephone number(s) to the Division of Engineering that can be used to obtain emergency service on a 24 hours basis. The contractor's name and telephone number will also be listed with the Police Department. Upon arriving at an emergency situation it shall be the responsibility of the Contractor to eliminate all unsafe conditions which wold adversely effect the health, safe y or welfare of the public. 16. Accommodation Of Traffic During the progress of the work, adequate provision shall be made by the Contractor to so accommodate the normal traffic over the public streets and park roadways so as to cause a minimum of inconvenience to the general public, and shall iold the City harmless from all claims arising from any ac or 48 omission on his part pertaining to any injury, death or damage to any person or property by reason of any use of any street by anyone while the Contractor is working or has any equipment or barricades thereon or in working thereon. Means of ingress and egresz for occupants of property or buildings sh ll be provided as far as possible. 17. Vehicle Restrictions Lawn areas of parks shall not be driven upon by truck or other equipment unless one (1) week prior notice has beengi en to the Parks and Maintenance Department, and in no ca a if conditions would result in permanent impression by v hicle wheels. 18. Protection And Preservation of Property The Contractor will be held responsible for the preservation of all public and private property along and adjacent to the work being done, and will be required exercise due precaution to avoid and prevent any damage or injury thereto as a consequence of his operation. All trees, shrubs, ground covers, fences, warning signals, street signs, walks,lls, structures and stairways shall be adequately protects and should not be removed or disturbed without permission fr m the City Engineer or his representative. Any damages resulting from Contractor neglect shall be repaired/replaced a the Contractor's own expense. The Contractor shall be responsible for repairing/replacing any existing plant material or irrigation systems ir the landscape damaged during pruning operations to their original condition at his own expense. All damage to landscape areas shall be reported to the City Engineer immediately. 19. Public Relations Contractor shall endeavor all times. The work shall cause the least possible m- public. 20. Ins s to maintain good public relat' s at be conducted in a manner which will interference or annoyance to the Inspections will be performed by representatives of Engineer at specified times and at random visits when consultant may be on the site. All inspections called for by the Contractor shall be ed and referred to the Engineer in writing at least two (72) hours prior to the anticipated inspection. 49 the the st- nty 21. 22. All work shall meet the approval of the City, or be rectified by the Contractor to a condition that does meet thisaccep- tance, at no additional cost to the City. If the Contractor calls for inspections and is not ready for the inspections, he shall be xhargedback hourly, including travel time fr all members of the team of Inspectors involved. Notice Of Completion The completion of the contract will be accepted and Notice of Completion recorded only when the entire contract is completed satisfactorily to the City. Unauthorized Removals Unauthorized tree removals will incur the following penalties; a. Under 12" Diameter $ 500.00 b. 12" to 36" Diameter $1,000.00 C. 36" Diameter or Greater $1,500.00 50 BRANCH COLLAR TERMINOLOGY Wood tissue that forms around the base of a ranch _between the main stem and the branch. Usuall as a branch begins to die, the branch collar beg'ns to increase in size. CALLUS New growth made by the cambium layer around 211 of wound. CAMBIUM LAYER Growing point between the bark and sapwood. CLOSURE Refers to the roll of the callus growth around the wound area. THE CUT The exposed wood area that remains after the branch has been removed. CUT BACK Specified reduction of the overall size of the tree or individual branches; may include the ov rall reduction of the sides as well as the top of the tree. DORMANT A condition of non-active growth. Deciduous trees are considered to be dormant from the timrz the leaves fall until new foliage begins to appear. GIRDLING ROOTS Located above or below ground level, whose cir alar growth around the base of the trunk or over individual the roots applies pressure to the bark thereby choking or restricting the flow area, of sap. LIFTING The removal of lower branches for undercleara ce. PARENT STEM The main trunk system of the tree. PRECUT OR PRECUTTING The removal of the branch at least six (5) i ches beyond the finished but to prevent splitting into parent stem or branch. PRUNING The removal of dead, dying, diseased, live interfer- ing, objectionable and weak branches in a scientific manner. SAP FLOW The definite course assumed by sap in its movement through a tree. SCARS OF INJURIES Natural or man-made lesions of the bark in which wood is exposed. 51 SUCKERS Abnormal growth of small branches usually not following the general pattern of the tree. THINNING OUT _The removal of live branches to reduce wind resistance and to create more space. TOPPING Same as "Cut Back". TRACING Careful cutting of the bark along the lines of sap flow to encourage closure and to be the outs ne of the wound area. TRIMMING Same as "Pruning". 52 APPENDIX A PRUNE CORRECTLY: Natural Tar Correct prLTning is.the best thin ge Pruning do for your tree. Here are the guidelines: Hard wo ods Natural tar et rani oead Branch _ 1. Locate the branch bark ridge (B$R) , �: e: L Living 2. Find target A - outside BBR. cu, BBranch k R dge 3. Find target $ collar. - where branch meets First /• � A 4. If B cannot be found, drop an imaginary B , Tine at AX. Angle XAC equals XAB. Branch 5• Stub cut the branch. Collar� B 6. Make final cut at line AB (with power- Braric saws make final cut on upstroke). Colla Do Not: Conifers X Make flush cuts behind the BBR Leave living or dead stubs Branch Injure or remove the bramch collar ,� Bark F idge Paint cuts. Cut %� F [_ The best time to prune living branches is late in the dormant season or very early ° in spring before leaves form. Dead and $ranch �,� i► ' dying branches can be prunedar anytime. Cotf sharp tools! Make clean cuts. Be careful / l� with all tools. Safety first! for Li vi 9 or Ta in Deaa gra ches Cut li-ne ISE at an angle approximately the same angle as the angle of the BBR. Do not leave a stem stub. Do not paint the cut. Top Ping Cur Firs t. Branch Bark Ridge E I • 74 P n �i `"ems` fir- sj � y'y V y� EXHIBIT "All AREA 1 COOL SPRINGS Address Number Species Prunin Class 21004 1 Magnolia 3 21010 1 Magnolia 3 21020 1 Magnolia 3 21030 2 Lagerstromia 2 1 Cupaniopsis 2 21038 1 Magnolia 3 21042 1 Magnolia No trimming 21035 1 Magnolia 3 21029 1 Magnolia 3 21021 1 Magnolia 3 21003 1 Magnolia 3 CASTLEROCK 3169 1 Quercus No trim 3173 1 Quercus 3 3172 1 Quercus 3 3168 1 Quercus No trim ON CASTLEROCK BANDANA 2 Quercus 3 3160 1 Quercus 3 ON CASTLEROCK BETWEEN BANDANA & COSTILLA DR. 3 Quercus 3 3120 ON CASTLEROCK BETWEEN COSTILLA DR. & COOLSPRINGS 4 Quercus 3 3114 3 Prunus 2 3102 3 Prunus 2 1 Oak 3 3076 1 Acacia 2 3042 1 Oak 3 3030 1 Quercus Sp. 3 3 010 1 11 3 3002 1 3 2978 1 n 3 2958 1 Cupaniopsis 2 2950 1 if 2 2944 1 of 2 2938 1 if 2 2922 1 n 2 2910 1 2 2844 1 2 2 Unidentified 28338 1 Cupaniopsis 2 2824 1 it 2 2818 1 " 2 2810 1 rr 2 2746 1 +r 2 2740 1 +r 2 2732 1 Pyrus Sp. 2 2726 1 Cupaniopsis 2 2710 3 Lagerstromia 2 2704 1 Quercus 3 2668 1 Quercus no trim 2654 1 it 2 2646 1 ++ 2 2640 1 it 2 2554 1 r+ 2 2530 2 Ulmus 2 2522 1 Quercus 3 2516 1 " 3 2510 1 If 3 2511 1 +r 3 2525 1 rr 3 2605 1 'r 3 2611 1 u 3 3 Quercus between Fountain Springs Rd. & Hidden 1 Quercus between Hidden Pines Dr. & Hipass Dr. 1 Ficus between Lasso Dr. & Hideout Drive CASTLEROCK ROAD 2738 1 Schinus 2 2803 1 Cupaniopsis 2 2811 1 of 2 2833 3 if 2 2903 4 It 2 2917 1 n 2 2943 2 n 2 2959 1 rr 2 1 Pyrus 2 2975 4 Pyrus 2 3069 2 Quercus 3 3075 1 Quercus 3 TRIGGER LANE 21232 1 Callistemen 2 21253 1 rr 2 Across street from 21253 1 rr 2 FOUNTAIN SPRINGS RD. 21204 1 Pinus 1 21224 1 Pinus 1 21230 1 Pinus 1 21238 1 Pinus 1 21244 1 Pinus 1 21250 1 pinus 1 Pines Dr. 3 3 21322 4 Pinus 1 21334 2 Pinus 1 2 Pinus on Fountain Springs between Crooked Creek Dr. & Ris Star Dr. 1 4 Pinus 1 2 Quercus 3 FOUNTAIN SPRINGS RD. 21239 1 Pinus 21231 1 Pinus 1 21217 1 Pinus 1 21211 1 Pinus 1 21205 1 Pinus 1 RISING STAR DR. 2903 1 Podocarpus* 2 2976 1 Ulmus 2 2911 1 Podocarpus* 2 2917 3 Morus 2 2931 1 Podocarpus* 2 2939 1 If 2 2945 1 if 2 2953 1 If 2 2961 1 Podocarpus* 2 1 it 2 (sideyard) Sideyard on Rising Star - 2982 Crooked Creek Dr. if p 11 if ff 3004 IF RISING STAR DR. 2982 1 Podocarpus* 2 2976 1 Podocarpus* 2 2960 1 Podocarpus 2 2948 2 Washington 2 2940 1 Podocarpus 2 2934 1 11 2 2914 1 ff 2 2906 1 2 - 2 Podocarp s 2 - 1 Schinus 2 - 1 Podogarp s 2 Sideyard on Crooked Creek - 21334 Fountain Springs Rd.: 1 Acer 2 CROOKED CREEK 2911 1 Acer 2 2919 1 Acer 2 2925 1 Acer 2 2931 1 Acer 2 2939 1 Acer 2 2941 1 Unknown 2 1 Phoenix 2 2961 1 Acer 2 CROOKED CREEK 3020 1 Pyrus 2 2967 1 Acer 2 2973 1 Acer 2 CROOKED CREEK Acer 2 2981 1 Acer 2 2989 1 Acer 2 3003 1 Acer 2 3011 1 Acer 2 3019 1 Acer* 2 3027 1 Acer* 2 3035 1 Acer* 2 3043 1 Acer 2 3073 1 Acer 2 3101 1 Acer* 2 3107 1 Acer 2 3115 1 Acer 2 3132 1 Acer* 2 3124 1 Acer* 2 3116 1 Acer 2 3106 1 Acer* 2 Sideyard on Crooked Creek - 21202 Choctow Dr. - 1 Acer* 2 - 21203 " - 2 Acer 2 " - 21202 Mapache Dr. - 2 Acer 2 CROOKED CREEK 3020 1 Acer 2 3012 1 Acer* 2 3004 1 Acer 2 2982 1 Acer 2 21220 1 Lagerstromia 2 2976 1 Acer 2 2968 1 Acer 2 2962 1 Acer 2 2956 1 Acer 2 2948 1 Cinnamomum 2 2942 1 Acer 2 2934 1 Acer* 2 2918 1 Acer 2 2904 2 Eucalyptus 2 SILVER CLOUD DR. 21257 1 Lagerstromia 2 21223 1 Podocarpus 2 21217 1 Lagerstromia 2 Side and on Silver Cloud - 2740 Sunbriaht Dr. 1 Lagerstromia 2 SILVER CLOUD DR. 21206 1 Lagerstromia 2 21212 1 ++ 2 21220 1 n 2 21226 1 2 21234 1 " 2 21240 1 Morus 2 Sideyard on Silver Cloud - 2833 Castlerock Rd. 1 Lagerstromia 2 SUNBRIGHT 2740 1 Lagerstromia 2 2724 21320 2 2716 1 2 2710 1 If 2 2702 I if 2 2658 1 If 2 2652 1 of 2 2644 1 it 2 2630 1 to 2 2624 1 2 2616 1 2 Sideyard on Sunbright - 21310 Hidden Pines Dr. 1 Lagerstromia 2 SUNBRIGHT 2609 2 2 2 617 21320 2 2623 1 ++ 2 2631 to 2 2639 1 ++ 2 2647 21346 2 2655 1 ++ 2 2663 2 2715 1 Ulmus 2 2737 1 Lagerstromia 2 2743 1 if 2 HIDDEN PINES DR. 21310 2 Lagerstromia 2 21320 2 It 2 21330 1 to 2 21338 1 2 21346 1 2 21354 1 2 21360 1 ++ 2 21368 1 2 21376 2 Cupaniopsis no trim 21369 1 Lagerstromia 2 21361 1 If 2 21355 1 if 2 21347 1 to 2 21339 1 it 2 21333 1 it 2 21325 1 ++ 2 21319 1 It 2 21307 1 it 2 FOUNTAIN SPRINGS ROAD 21220 1 Washingtonia 2 2132 1 Pinus* 1 2640 2 Pinus* (sideyard) 1 12641 1 Pinus* (sideyard) 2273 sideyard on Fountain Springs -r 2675 Crooked Creek 2538 1 PINUS 1 FOUNTAIN SPRINGS ROAD 21321 1 Pinus 1 21217 1 Pinus 1 21209 4 Washingtonia (sideyard) 1 SUNBRIGHT 2273 2546 1 Lagerstromia 2 2538 1 If 2 2530 1 of 2 2522 1 of 2 2514 1 If 2 2504 1 rl 2 2494 1 ++ 2 2480 1 2 2472 1 ++ 2 2464 1 ++ 2 2458 1 2 2450 1 2 2444 2 ++ 2 2431 1 Bauhinia 2 2439 1 Lagerstromia 2 2447 1 2 2453 1 ++ 2 2459 1 If 2 2473 1 2 2503 1 ++ 2 2509 1 If 2 2 517 1 It 2 2 Pyrus 2 2537 1 Lagerstromia 2 2543 1 It 2 2551 1 ++ 2 2565 1 ++ 2 EVERGREEN SPRIINGS DR. 2225 1 Pinus 1 2233 1 if 1 2241 2249 1 ++ 1 2255 2273 1 ++ 1 2303 2319 2325 Sideyard on Evergreen Springs - 2439 Sunbright Dr. 1 Pinus 1 Sideyard on Evergreen Springs - 2436 Sunbright Dr. 1 Magnolia 3 Sideyard on Evergreen Springs - 2429 Harmony Hill 1 Quercus 3 Sideyard on Evergreen Springs - 2424 Harmony Hill 5 Washingtonia 3 Sideyard on Evergreen Springs - 2511 Castlerock Rd. 2 Poplar 2 2 Quercus 3 Sideyard on Evergreen Springs -- 2424 Sunbright Dr. EVERGREEN SPRINGS RD. 2338 1 Pinus 1 2330 1If 2324 1 if 1 2315 1 If 1 Sideyard on Evergreen Springs - 21504 Lost River Rd. 1 Pinus 1 2260 1 11 1 2220 2 �� 1 Across From HARMONY HILL DR. 2429 1 Ilex 2 2463 1 Magnolia 3 2517 1 Liquidamber 2 2560 6 Lagerstromia 2 2520 1 Ilex 2 2 512 1 11 2 2434 1 of 2 2428 2 Washintonia 2 LOST RIVER DR. 21504 1 Lagerstromia 2 21520 2 Podocarpus* 2 21534 1 2 21604 1 2 21612 1 2 21618 1 2 21626 1 2 21704 1 rr 2 21720 1 H 2 1 Lagerstromia 2 21736 1 Podogarpus 2 21725 3 " 2 21639 1 if 2 21617 1 It 2 Sideyard on Birch Hill - 2236 Evergreen Springs 2 Quercus 3 BIRCH HILL 21520 2 Quercus 3 21530 1 3 21538 1 3 21544 1 3 21610 1 r, 3 21616 1 3 21624 1 Cupaniopsis 2 21630 2 Quercus 3 21638 1 11 3 21646 1 3 21706 1 3 21714 1 3 21720 1 i' 3 21728 1 +t 3 21736 1 3 Sideyard on Birch Hill - 2415 Castlerock Rd. 1 if 3 21749 1 It 3 21741 1 Lagerstromia 2 21733 1 Quercus 3 21725 1 11 3 21717 1 Jacaranda 2 2 Lagerstromia 2 21711 1 Pinus I 1 Quercus 3 1 Washingtonia 2 21703 1 Quercus 3 21651 1 if 3 21643 1 u 3 21637 1 3 21621 1 ff 3 21613 1 3 21605 1 Washingtonia 2 21557 1 Quercus 3 21549 1 if 3 1 Callistemon 2 21541 1 Morus 2 21535 1 Quercus 3 21529 1 it 3 21521 1 Ulmus 2 21515 2 Schinus 2 AREA 2 CASTLEROCK 3805 2 Cupressus 1 2 if 1 3825 2 Callistremon 2 3854 2 Yucca 2 3842 1 Lagerstromia 2 3836 2 Liquidamber 2 3822 1 U1mus 2 3742 1 Pinus 1 3736 2 Pinus 1 3710 2 Phoenix 2 3642 1 Pinus 1 3636 1 Pinus 1 3628 1 Jacaranda 2 3616 1 Pinus 1 3610 1 Pinus 1 3502 1 Lagerstromia 2 3471 1 2 3427 2 2 3435 1 2 3433 1 2 3453 1 2 3511 1 Undi. 2 3517 1 Undi. 2 3531 1 Pyrus 2 3602 2 Schinus(1 should go)2 3611 1 Lagerstromia 2 3613 2 Pinus 1 3631 1 Pinus 1 3637 3 Pinus 1 3645 1 Pinus 1 3705 1 Pinus 1 3725 1 Pyrus 1 3731 1 Callistemon 2 3737 1 Acer 2 Sideyard on Silver Bullet - 3805 Castlerock 3 Pinus 1 Sideyard on Copper Canyon - 3477 Castlerock 1 Quercus 3 Sideyard on Gold Run - 3528 Castlerock 1 Quercus 3 3 Ulmus 2 Sideyard on Gold Run - 3603 Crooked Creek Dr. 2 Pyrus 2 CROOKED CREEK DR. 3603 1 Unid. 3611 1 Quercus 3 3617 1 Quercus 3 3622 1 Prunus 2 3629 1 Quercus 3 3637 1 Quercus 3 3643 1 Quercus 3 3703 1 Quercus 3 3711 1 Quercus* (dead) 3723 1 Toyon 2 3617 1 Quercus 3 3710 2 Pinus 1 3642 2 Cupaniopsis 2 1 Pinus 1 3636 1 Quercus 3 3622 1 Quercus 3 3 616 1. 11 3 3 610 1 3 3602 1 3 Sideyard on Crooked Creek - 20839 Gold Run Dr. 2 Quercus 3 3540 1 To 3 3534 1 if 3 3528 1 of 3 3520 1 If 3 3506 2 Morus 2 3438 2 Quercus 3 Sideyard on Crooked Creek - 20903 Flapjack Dr. 2 Quercus 3 Sideyard on Crooked Creek - 20904 Ambushers Dr. 1 Lagerstromia 2 3415 1 Quercus- 3 3423 1 of 3 3429 1 ff 3 3443 1 if 3 3449 1 3 3503 1 3 3509 1 if 3 3515 1 fl 3 3529 1 ff 3 3535 1 3 3541 3 " 3 GOLD RUN DR. 20827 1 Pyrus 2 20839 1 Pyrus 2 3602? 1 Pyrus (sideyard) 2 20850 1 Cupaniopsis 2 AREA 3 GRAND AVE. MEDIAN - SR60 57 OFFRAMP TO DIAMOND BAR BLVD. 37 Eucalyptus Sp. 2 3 Tristania 2 DIAMOND BAR BLVD. MEDIAN - GOLDEN SPRINGS DR. TO SR 60 8 Pinus 1 AREA 4 19 Cupaniopsis Anacardiodes 2 SIDE 20 Ulmus Parvifolia 2 4 Cupaniopsis Anacardiodes 2 25 Cupaniopsis Anacardiades 2 1 Ulmus Parvifolia 2 1 Eucalyptus Species 2 16 Cupaniopsis Anacardiodes 2 AREA 3 GRAND AVE. MEDIAN - SR60 57 OFFRAMP TO DIAMOND BAR BLVD. 37 Eucalyptus Sp. 2 3 Tristania 2 DIAMOND BAR BLVD. MEDIAN - GOLDEN SPRINGS DR. TO SR 60 s Pinus 1 AREA 4 r. - — z vtv t[UtILJ — 19 Cupaniopsis Anacardiodes 2 SIDE --- — ..�arirziar Jrtc1 20 Ulmus Parvifolia 2 4 Cupaniopsis Anacardiodes 2 •+� i.ia.v7 L11C. — 25 Cupaniopsis Anacardiades 2 1 Ulmus Parvifolia 2 1 Eucalyptus Species 2 16 Cupaniopsis Anacardiodes 2 If CITY OF DIAMOND BAR AGENDA REPORT AGENDA kO. f, ` L- TO: Robert L. Van Nort, City Manager MEETING DATE: April 7, 1992 REPORT DATE: March 18, 1992 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Stormwater Discharge Permit SUMMARY: The California Regional Water Quality Control Board, Los Angeles Region, has opted Waste Discharge Requirements for Stormwater/Urban Runoff Discharge for L.A. County and Co-Permi tees. County of L.A. is designated as Principal Permittee while the Cities are given the opportunity to become Co - Permittees. RECOMMENDATION: It is recommended that the City of Diamond Bar participate as Co-Punder the L.A. County current NPDES Permit No. CA0061654. LIST OF ATTACHMENTS:—X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in CityClerk's Office) _ Ordinances(s) _ Other Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: WED Y: Vq Robert L. Van Nort Terrence L. Belanger Sf . Mousavi City Manager Assistant City Manager City Engineer/Public orks Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 7, 1992 TO: Honorable Mayor and Members of the City Counc FROM: Robert L. Van Nort, City Manager SUBJECT: Stormwater Discharge Permit ISSUE STATEMENT The City desires to participate as Co -Permittee in the Nati nal Pollutant Discharge Elimination System (NPDES Permit No. CA0061 54) which has been issued to the County of Los Angeles and a numbe of other Cities tributary to Los Angeles County. RECOMMENDATION It is recommended that the City Council approve the motion to participate as a Co -Permittee in NPDES Permit No. CA0061654 and authorize the Director of Public Works to forward the "Lettex Of Intent Of Participation" to Los Angeles County. FINANCIAL SUMMARY This recommendation will have no financial impact on the Ciy's Fiscal Year 1991-92 budget. However, the permit requirements ill require certain monitoring and staff time that may impact the Fiscal Year 1992-93 budget. BACKGROUND On November 18, 1990, the Federal EPA Stormwater Regulations were published, implementing the 1987 amendments to the Federal Clean Water Act. These regulations require the permitting of municipal stormwater discharge. Their goal is to ensure that stormw ter flows from land drainage facilities meet water quality objectives suitable for the protection of the beneficial uses of the recei ing waters (lakes, rivers, groundwater, and the ocean). On June 18, 1990, the California Regional Water Quality Control Board, Los Angeles Region, adopted Waster Discharge Requirements for Stormwater/Urban Runoff Discharge for Los Angeles County and Co -Permittees. The five-year permit includes all of Los Angeles County with the exception of Antelope Valley. The County of Los Angeles is the designated Principal Permi tee while the cities and any other entities with large an /or significant drainage area are given the opportunity to become Co - Permittee. DISCUSSION In accordance with the Federal Clean Water Act, it is mandatory all agencies and jurisdictions in urban areas to secure an NI Stormwater Permit. If the City of Diamond Bar decides not participate under the existing NPDBS Stormwater Permit CA0061654, it will be necessary for the City to secure a sepa3 permit, based on the Federal regulations, directly from California Regional Water Quality Control Board. However, si drain facilities in Los Angeles County interconnect with drainage from all jurisdictions and a successful program i involve the cooperative approach of entities. f or to No. ate the and ust The County of Los Angeles will install and maintain an extensive storm drain water quality monitoring program to measure pollutants in both dry -weather and wet -weather flows. This will involve the development and application of monitoring methods and equipment never before applied on this scale. Water quality data gathered will be utilized to develop estimates of the quality of pollutnts discharged from various land uses and watersheds. The Permit will require the development of procedures to detect eliminate illegal discharge and illicit disposal practices. order to perform these tasks the cities will be required to comr certain information within their jurisdictions which will inc. identification of drainage facilities, name, location stationing of all manholes, catch basins, type of line, direc, of flow, natural water courses, private systems, drainage boundaries, system connections, curb connections, pipe connecti, identification of waste disposal facilities, rainfall data, w, quality data, and great number of other information. The Count Los Angeles has developed a computerized database to compile data. Prepared By: Sid Jalal Mousavi and In ile ude and ion , iter r of the ------------ CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.; 4 TO: Robert L. Van Nort, City Manager MEETING DATE: April 7, 1992 REPORT DATE: April 1, 1992 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Exoneration of Cash Deposit Bond for grading at 23504 Ridgeline Road, Tract SUMMARY: The City of Diamond Bar desires to exonerate a $1,610 cash deposit surety grading at 23504 Ridgeline Road, a single family residence in Diamond Bar. RECOMMENDATION: It is recommended that the City Council accept the grading construct Ridgeline Road and exonerate the grading bond posted in the amount of $1,610 for this project. LIST OF ATTACHMENTS:X Staff Report Resolution(s) Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Other 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote?, 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? NIA 5. Are other departments affected by the report? Report discussed with the following affected departments: NIA VIEWED B Obert L. Van Nort City Manager 30091 posted for at 23504 s Office) Yes X No Maj ority _ Yes X No Yes X No — Yes X1 No A049: Y a:o-k� 'g" Terrence L. Belanger Sid L Mousavi Assistant City Manage Public Works Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 7, 1992 TO: Honorable Mayor and Members of the City Council FROM: Robert L. Van Nort, City Manager SUBJECT: Cash Deposit Surety Bond Exoneration ISSUE STATEMENT This report requests the exoneration of a bond which was posted withl the City of Diamond Bar in the form of a Cash Deposit, for grading work 1cated on 23504 Ridgeline Road in Diamond Bar, California. RECOMMENDATION It is recommended that the City Council approve the exoneratio of the grading bond posted with the City of Diamond Bar for grading at said location. FINANCIAL SUMMARY This item has no financial impact on the City's 1991-92 Fiscal Yea* budget. BACKGROUND The grading permit for this project was issued in March 1990. Rough grading was signed off in July of 1990 and the building permit was iss ed. In November 1991, the final grading inspection was approved by the Department of Public Works. DISCUSSION The grading work at 23504 Ridgeline Road was accepted by the City ot Diamond Bar Department of Public Works on November 20, 1991. The City Engineer recommends that the following surety bond be exonerated: Owner: Slobodan & Branka Batricevich Address: 1723 Roundtree Circle, Diamond Bar CD Receipt No.: #4403 Amount: $1,610 PREPARED BY: Sid Jalal Mousavi CITY OF DIAMOND BAR AGENDA REPORT AGENDA *O. S � TO: Robert L. Van Nort, City Manager MEETING DATE: April 7, 1992 REPORT DATE: March 18, 1992 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Landscaping Assessment Districts Numbers 38, 39, and 41. SUMMARY: The City of Diamond Bar has an annual program for the maintenance of public i nprovements and intends to continue said program by special assessments upon lands within the City's Landscaping Assessment Districts Numbers 38, 39, and 41. Funds must be provided to enable these Districts to continue their operation during the 1992-93 Fiscal Year. Proceedings for the maintenance of said improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Divison 15 of the Streets and Highway Code of the State of California. RECOMMENDATION: It is recommended that the City Council of the City of Diamond B ir adopts the attached Resolutions, to initiate the proceedings for Districts 38, 39, and 41 annual assessments d authorize staff to prepare the Engineer's reports. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification (on file in City C erk's Office) _ Ordinances(s) r Other _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: Ri ZEWEID3 BY: 4k— ckuw W-1-2 t L. Van Nort Terrence L. Belanger Sid J. Mousavi City Manager Assistant City Manager City Engineer/Public orks Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 7, 1992 TO: Honorable Mayor and Members of the City Council FROM: Robert L. Van Nort, City Manager SUBJECT: Landscaping Assessment District Numbers 38, 39, and 41 ISSUE STATEMENT The City desires to continue its annual program for the maintenance of public improvements upon lands within the City's Landscal.Ang Assessment Districts 38, 39, and 41. RECOMMENDATION It is recommended that the City Council adopts the atta hed Resolutions to initiate the proceedings for Landscaping Assessent District Numbers 38, 39, and 41 and authorize staff to prepare the respective Engineer's Report. FINANCIAL SUMMARY The cost associated with preparation of the Engineer's Report is estimated to be $6,400. The revenues generated by these Distr'cts are proposed to pay for the cost. There will be no impact on the City's General Fund. BACKGROUND/DISCUSSION The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue 3aid program by special assessments upon lands within the City. Finds must be provided to enable District Numbers 38, 39, and 4 to continue their operation during the 1992-93 Fiscal Y ar. Proceedings for the maintenance of public improvements wil be pursuant to the provisions of the Landscape and Lighting Ac of 1972 of Part 2. of Divison 15 of the Streets and Highway Code of the State of California. Prepared By: Sid Jalal Mousavi RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND I ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELA TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND 1. LANDSCAPING ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSME THEREON FOR FISCAL YEAR 1992-93 A. Recitals. (i) Heretofore, City of Diamond Bar Landscaping Assessment District 1 41 was created pursuant to Part 2 of Division 15 of the California Streets Highway Code (§ § 22500, et seq_). Ci i) California Streets and Highway Code § 22622 provides that this Coui shall adopt a resolution generally describing any proposed new improveme or substantial changes in existing improvements in such a district and order the City Engineer to prepare and file a report related to annual maintenar and assessments in such a district. (iii) No new improvements or substantial changes in existing improveme are proposed for said Landscaping Assessment District No. 41. (iv) All legal prerequisites to the adoption of this Resolution have occurr B. Resolution. NOW, THEREFORE, the Council of the City of Diamond Bar does hereby determine and resolve as follows: 1. In all respects as set forth in the Recitals, Part A, of Resolution. 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highway Code § § 22565, st seq., with respect to City of Diamond Bar Landscaping Assessment District No. 41 for Fiscal Year 1992-93. 3. The City Clerk shall certify to the adoption of this ADOPTED AND APPROVED this day of 1992. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do her y certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1992, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1992, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: RES-EM041 City Clerk of the City of Diamond Bar RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND B R ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND B R LANDSCAPING ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1992-93 A. Recitals. (i) Heretofore, City of Diamond Bar Landscaping Assessment District 39 was created pursuant to Part 2 of Division 15 of the California Streets Highway Code (§ § 22500, et seq.). (ii) California Streets and Highway Code § 22622 provides that this shall adopt a resolution generally describing any proposed new impro, or substantial changes in existing improvements in such a district and the City Engineer to prepare and file a report related to annual main and assessments in such a district. (iii) No new improvements or substantial changes in existing irr are proposed for said Landscaping Assessment District No. 39. (iv) All legal prerequisites to the adoption of this Resolution have B. Resolution. NOW, THEREFORE, the Council of the City of Diamond Bar does hereby determine and resolve as follows: 1. In all respects as set forth in the Recitals, Part A, of Resolution. 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highway Code § § 22565, et seq., with respect to City of Diamond Bar Landscap ng Assessment District. No. 39 for Fiscal Year 1992-93. 3. The City Clerk shall certify to the adoption of this ADOPTED AND APPROVED this day of 1992. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do here y certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1992, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1992, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: RES-DISMS City Clerk of the City of Diamond Bar RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELA TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSME THEREON FOR FISCAL YEAR 1992-93 A. Recitals. (j) Heretofore, City of Diamond Bar Landscaping Assessment District 38 was created pursuant to Part 2 of Division 15 of the California Streets Highway Code (§ § 22500, et seq.). (ii) California Streets and Highway Code § 22622 provides that this Cou shall adopt a resolution generally describing any proposed new improveme or substantial changes in existing improvements in such a district and order the City Engineer to prepare and file a report related to annual maintenai and assessments in such a district. (iii) The existing Landscaping Assessment District No. 38 will be enlarg by the annexation of additional parcels; however, No new improvements substantial changes in existing improvements are proposed in the existing expanded District. (iv) All legal prerequisites to the adoption of this Resolution have B. Resolution. NOW, THEREFORE, the Council of the City of Diamond Bar does hereby find, determine and resolve as follows: I 1. In all respects as set forth in the Recitals, Part A, of th Resolution. 2. The City Engineer hereby is ordered and directed to prepare c annual report as specified in California Streets and Highway Code § 22565, et seq., with respect to City of Diamond Bar Landscapir Assessment District No. 38 for Fiscal Year 1992-93. 3. The City Cleric shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of 1992. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do here y certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1992, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1992, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING THE LOSS OF PROPERTY TAX REVENUE - AB3214 WHEREAS, Governor Wilson's 1992--93 Fiscal Year Budget proposes to shift $347 Million of annual local property tax revenue from enterprise special districts to school districts, to meet funding requirements prescribed by Proposition 98; and WHEREAS, the revenue transfer does not provide additional funding to the schools; but rather reduces the obligations of the state as required by Proposition 98; and WHEREAS, schools are entitled to a certain percentage of the state budget under state law and thus are provided a sham of revenue even if the property tax shift is not enacted; and WHEREAS, the current distribution formula of property tax revenue is unfair and inequitable; WHEREAS, the Governor's proposal would place an financial hardship on already stressed local economies; and WHEREAS, the proposed property tax revenue transfer would force the enterprise special districts to recover the revenues in the form of substantial rate hikes for sewer,,water and other services; and WHEREAS, the citizens of Diamond Bar would be adver ely affected by substantial increases in their spacial district's bills; and WHEREAS, it is unfair to place the burden of balancing state's budget on sewer and other utility users; the 5" �'�- NOW, THEREFORE, BE IT RESOLVED, that the City Counci of Diamond Bar opposes Governor Wilson's proposed transfer of property tax revenues from "enterprise" special districts to schools. BE IT FURTHER RESOLVED, that the State Legislature re-evaluate the purpose and methodology of distributing property taxes to meet public service. BE IT FURTHER RESOLVED, that a copy of this resolutio be forwarded to the Governor, members of the Los Angeles C unty Delegation to the California Legislature, appropriate Committees of the California Legislature, and others as deemed appropriate. PASSED, ADOPTED AND APPROVED this day of , F"P.0 Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, ad pted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1 992, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar SAMPLE RESOLUTION #2 WHEREAS, Governor Wilson's 1992-93 Fiscal Year Budget proposes to s million of annual local property tax revenue from enterprise special districts to school di meet funding requirements prescribed by Proposition 98; and WHEREAS, the revenue transfer does not provide additional funding to the but rather reduces the obligations of the state as required by Proposition 98; and state law and thus ar WHE , already stressed local WHF special districts to re other services; and WINE affected by substanti, WHE and other utility uses A %7 $347 ts, to •----ler nd on ise ad ,ly rer NOUS _ opposes Governor Wilson's proposed transfer of property tax revenues from- "enterprise" pecial districts to schools. V - BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Governor, members of the Los Angeles County Delegation to the California Legislature, aper priate Committees of the California Legislature, and others as deemed appropriate. . c� WASFEWA?ER RECLAMATION SQL,© WASTE MANAGEME@1 COUNTY A I TATI p- y DISTRICTS OF LOS AN13ELES C U TY 1955 Workman Mill Road, Whittier, CA 90601-4998 Mailing Address: P.O. Box 4998, Whittier, CA 90607-4998 CHARLES W. CARRY Telephone: (213) 699-7411, (213) 685-5217, Fax: (213) 695-6139 Chief Engineer and General Manager March 13, 1992 URGENT �i Directors and City Managers County Sanitation Districts of Los Angeles County Directors and City Managers: -� Opposition to Loss of Property ^� Tax Revenue - AB 3214 As outlined to you in prior communications (February 19 and March 4, 1992) the Governor's Budget for Fiscal Year 92-93 contains a proposal to take $347 million in local property to revenues from enterprise special districts and use them to help fund the state's financial responsibilities to schools. With specific regard to the various Sanitation Districts in Los Angeles Cou ty, the Governor's proposal would result in significant fee increases, averaging about a 33 percent increase and ranging in some Districts to approximately 75 percent. That is based on the fact that the Districts currently obtain approximately $35 million per year from property taxes, monies which are necessary to support the opeation and maintenance of sewers and wastewater treatment plants. T is proposal is intended to remain after Fiscal Year 92-93, thus he loss in revenue is permanent. The Governor's proposal has now been introduced as PB 3214 by Assemblyman Phillip Isenberg, D -Sacramento. A copy of the bill is attached. While the bill has not yet been assigned tc an Assembly Committee(s), from all the information we have gathered at this time it seems clear that the defeat of this proposal can only be accomplished through a strong grass roots effort. We are orking with various impacted associations (CASA -California Associati n of Sanitation Agencies, SDA -Special Districts Associations, ACWA Association Clean Water Agencies) and other vitally interests parties to coordinate the opposition to the bill. A key part of the effort is the need for you to contact your assembly member and state senator, and indicate your strong opposition to the bill. Enclosed are some key facts about the issue and sample resolutions and letters. In addition to your legislators, we would request you Recycled Paper. Directors and City Managers -2- March 13, 1992 send copies to the Governor as well as the legislative leader- ship. Normally,'resolution of this issue would not occur in the budget process for another couple of months. However, the Assembly and Senate Democratic leadership are pushing for a shortened timetable. Thus, it is possible that budget action will occur earlier than in previous years, so immediate action is necessary. The cities should also be aware of the possible cumulative impact of this proposal. Not only are the Sanitation Districts impacted, but the citizens of any city may also be impacted by an identical problem with water districts, mosquito abatement districts, or similar enterprise districts. Thus, the increased cost to any one homeowner may be much larger than even the sizable increase necessitated by this proposal for just the Sanitation Districts. I will continue to keep you apprised on this matter. If you have any questions or comments, please contact me or my assistant, Jim Stahl. Please copy us with your correspondence and thank you for your support. Yours very truly, Charles W. Carry CWC: cam Attachments AB 3214 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Introduced by Assembly Member Isenberg February 20, 1992 PAGE 1 An act to amend Section 97 of, and to add Section 97.34 to, the Revenue and Taxation Code, relating to local government finance, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 3214, as introduced, Isenberg. Local government finance: property tax revenue allocations: special districts and school districts. (1) Existing law provides for the allocation in each fiscal year of property tax revenues to local jurisdictions, and generally provides that each jurisdiction shall be allocated an amount equal to the amount of property tax revenue allocated to that jurisdiction in the prior fiscal year, subject to certain adjustments. This bill would require, as specified, for the 1992193 fiscal year, that the amount of property tax revenue allocated to a school district be increased by those property tax revenues attributable to property located within the boundaries of the school district and otherwise allocable to a special district with respect to the enterprise activities of that district. It would also provide, for purposes of property tax revenue allocations for the 1993194 fiscal year and fiscal years thereafter, that allocations of property tax revenues to each jurisdiction for the prior fiscal year shall be deemed to include those modifications required by this bill. By imposing new duties with respect to the allocation of property tax revenues for the 1992193 fiscal year, this bill would impose a state -mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to those statutory procedures and, if the statewide cost does not exceed $1,000,000, shall be made from the State Mandates Claims Fund.. (3) This bill would declare that it is to take effect immediately as an urgency statute. Vote: . Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: SECTION 1. Section 97 of the Revenue and Taxation Code is amended to DELETED MATERIAL IS IN BRACKETS (I. ADDED MATERIAL IS CAPITALIZED. # LEGI-TECH BILL TEXT REPORT 03/16/92 AB 3214 PAGE 2 1 read: 2 97. Except as otherwise provided in Sections 97.3, 97.32, 97.34, 3 97.35,[ 97.37,] and 97.38 for the 1980181 fiscal year and each fiscal 4 year thereafter, property tax revenues shall be apportioned to each 5 jurisdiction pursuant to this section and Section 97.5 by the county 6 auditor, subject to allocation and payment of funds as provided for in 7 subdivision (b) of Section 33670 of the Health and Safety Code, to each 8 jurisdiction in the following manner: 9 (a) Except as provided in subdivision (b), for each tax rate area, 10 each jurisdiction shall be allocated an amount of property tax revenue 11 equal to the amount of property tax revenue allocated pursuant to this 12 chapter to each jurisdiction in the prior fiscal year, modified by any 13 adjustments required by Section 99 or 99.4. 14 (b) For each tax rate area, each special district shall be allocated 15 an amount of property tax revenue equal to the amount of property tax 16 revenue which would have been allocated pursuant to this chapter to such 17 district in the prior fiscal year if no adjustment had been made pursuant 18 to Section 98.6. This amount shall 19 then be adjusted for the current year pursuant to Section 98.6. 20 (c) The difference between the total amount of property tax revenue 21 and the amounts allocated pursuant to subdivision (a) shall be allocated 22 pursuant to Section 98, and shall be known as the "annual tax 23 increment." 24 (d) For purposes of this section, the amount of property tax revenue 25 referred to in subdivision (a) shall not include amounts generated by the 26 increased assessments under Chapter 3.5 (commencing with Section 75). 27 (e) (1) Notwithstanding any other provision of law, for the 1990191 28 fiscal year, for the purposes of the computations required by this 29 section, the amount of property tax presumed to have been received by the 30 county in the prior year shall be increased by the amount of 1989190 31 property tax administrative costs proportionately attributable to 32 incorporated cities as determined pursuant to paragraph (2). 33 (2) The auditor shall determine the 1989190 fiscal year property tax 34 administrative costs proportionately attributable to incorporated cities 35 by adding the 1989190 fiscal year property tax -related costs of the 36 assessor, tax collector, and auditor, including applicable administrative 37 overhead costs as permitted 38 by federal Office of Management and Budget Circular A-87 standards, and 39 multiplying the sum of those amounts by the ratio of property tax revenue 40 received by all incorporated cities divided by the total property tax 41 revenue for all local jurisdictions in the county for that fiscal year. 42 (3) The county shall use the additional revenue received pursuant to 43 this subdivision only to fund the actual costs of assessing, collecting, 44 and allocating property taxes. At least once each fiscal year, the 45 county auditor shall report the amount of these actual costs and 46 allowable overhead costs to the legislative body and any other 47 jurisdiction or person that request the information. To the extent that 48 actual costs for assessing, collecting, and allocating property taxes 49 plus allowable overhead costs are less than the amount determined 50 pursuant to paragraph (2), the county auditor shall apportion the .0, * LEGI-TECH BILL TEXT REPORT 03/16/92 AB 3214 1 2 3 4 5 6 7 8 9 10 1t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 PAGE 3 difference to each incorporated city as otherwise required by this section. (4) The county may retain up to one-half of any increased property tax allocation to which a jurisdiction may be otherwise entitled, until the county receives its additional revenues pursuant to this subdivision. (5) It is the intent of the Legislature in enacting this subdivision to recognize that since the adoption of Article XIIIA of the California Constitution by the voters, county governments have borne an unfair and disproportionate part of the financial burden of assessing, collecting, and allocating property tax revenues for cities. It is further the intent of the Legislature that the adjustments provided for by this subdivision shall constitute charges by a county for the assessment, collection, and allocation of property taxes and shall not exceed the actual costs reasonably borne by a county for those activities. (f) If so directed by the board of supervisors, the auditor shall determine the 1989190 fiscal year property tax administrative costs proportionately attributable to local jurisdictions other than the county or city and county, and cities, by adding the property tax -related costs of the assessor, tax collector, and auditor, including applicable administrative overhead costs as permitted by federal Office of Management and Budget Circular A-87 standards, and multiplying the sum of those amounts by the ratio of property tax revenue received by jurisdictions other than the county, city and county, and cities, divided by the total property tax received by all local jurisdictions in the county for that fiscal year. Notwithstanding any other provision of law, this amount may be calculated for each fiscal year commencing with the 1989190 fiscal year, and the auditor shall, commencing in fiscal year 1990191, if so directed by the board of supervisors, submit an invoice to these jurisdictions for services rendered in the prior fiscal year. (g) Notwithstanding subdivision (f), no invoice as described in that subdivision shall be submitted to any school district, community college district, or county office of education, nor shall any of those entities be required to pay any invoice, for property tax administrative costs for services rendered in the 1990191 fiscal year, or in any subsequent fiscal year. This subdivision shall not be construed to prevent the auditor of any county from imposing and collecting from school districts, community college districts, and county offices of education, in accordance with subdivision (f), invoices for property tax administrative costs for services rendered to those entities in the 1989190 fiscal year. SEC. 2. Section 97-34 is added to the Revenue and Taxation Code, to read: 97.34. (a) Notwithstanding any other provision of law, for the 1992193 fiscal year, the amount of property tax revenues allocated to a school district shall, pursuant to the procedures established by subdivision (b), be increased by those property tax revenues attributable to property located within the boundaries of the school district and otherwise allocable to a special district with respect to the enterprise activities of that districts. (b) For purposes of subdivision (a): * LEGI-TECH BILL TEXT REPORT 03/16/92 AB 3214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PAGE 4 (1) For the 1992193 fiscal year, the amount of property tax revenues otherwise allocable to a special district with respect to the enterprise activities of that district shall be determined as follows: (A) The percentage of total property tax revenues allocated to that district for the 1989190 fiscal year, attributable to that district's enterprise activities, shall be determined by reference to the 1989190 edition of the State Controller's Report on the Financial Transactions of Special Districts in California. (B) The percentage determined pursuant to subparagraph (A) shall be multiplied by the total amount of property tax revenues that would be allocated to that district in the 1992193 fiscal year in the absence of this section. (2) The amount determined pursuant to paragraph (1) shall be apportioned to each school district in proportion to the assessed value of property located within the boundaries of each school district. (c) For purposes of this section: (1) "Property tax revenues" shall not include those revenues derived from a property tax rate levied to service indebtedness approved by the voters. (2) Special district enterprise activities shall be those enterprise activities of special districts as identified in the 1989190 edition of the State Controller's Report on Financial Transactions of Special Districts in California. (d) For purposes of property tax revenue allocations pursuant to Section 97 for the 1993194 fiscal year and each fiscal year thereafter, the amount of property tax revenue allocated pursuant to this chapter to each jurisdiction in the prior fiscal year shall be defined to include any modifications required by this section. SEC. 3. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide adequate funding to school districts as soon as possible during the 1992193 fiscal year, it is necessary that this act take effect immediately. GOVERNOR WILSON'S PROPERTY TAX PROPOSAL KEY FACTS LOSS OF REVENUES, As part of his 1992-93 budget plan for California, Governor Wilson has proposed taking million in property tax revenues from "enterprise" special districts and shifting them to se to meet funding requirements prescribed by Proposition 98. RATE INCREASES Special districts would have to increase monthly rates or service fees to compensate for he loss in property tax revenues. As a result, customers of special districts who already ay property taxes would be charged again for the same services. Rate increases would hav a negative ripple effect on local communities at a time when the economy is already stress . CREATES INEQUITIES Because it singles out "enterprise" special districts, the proposal would unequally customers served by such local or regional districts. POTENTIAL IMPACTS ON BOND RATINGSTUBLIC WORKS PROTECTS The loss of property tax revenues could affect bond ratings and cost millions in add interest costs. As a result, the proposal could have an immediate impact on planned infrastructure projects and the jobs they provide. STATE OBLIGATED TO FUND SCHOOLS "Proposition 98" provides a certain percentage of the state budget be set aside for scho ]s. If the Governor's proposal to shift the property tax is defeated, schools are still entitled to their state share. SAMPLE LETTER TO THE GOVERNOR Dear Governor Wilson: The City of is vitally concerned about AB3214 (Isenberg; incorporates your proposal to tape property tax revenues from enterprise special districts to he the state's financial responsibilities to schools. As a member of the Los Angeles County Sa Districts, our city receives critical wastewater management services necessary for the health an of our community and the Southern California environment. If enacted this measure will.t� million from the Sanitation Districts now derived from their share of the local property t replace that money would require major fee increases, averaging about 33 percent and rar some districts to about 75 percent. Some local areas are also in other special districts wate mosquito abatement, etc.) which will also be asked to pay increased fees for loss of prop, revenue not going to those districts, thus leading to a cumulative impact which would impose and unacceptable financial burden on local taxpayers. which n fund safety :e $35 To ina in ty tax major Clearly the intent of Proposition 98 was not to take already committed property t es and divert them to schools with a resulting inevitable increase in fees for local homeowners and bus nesses in these special districts. Ironically the Los Angeles County Sanitation Districts do not levy a service charge on public schools not on the tax rolls. Some other sanitation Districts do levy such a charge. If this enormous decrease in funding is enacted, schools would actually have less net revenue if they must bear the added expense of newly imposed service charges from their operating budgets, where there a none now and increased fees where they are already imposed. Enclosed is a copy of Resolution No. of the City of opposi g your proposal to eliminate tax revenues for enterprise special districts. We respectfully urge ou to reconsider your proposal and find alternative ways to finance the local school districts in acco dance with the spirit and intent of Proposition 98. Very truly yours, Enclosures SAMPLE LEITER TO LEGISLATORS List of Recipients (Local Assembly person & State Senator Assemblyman Willie Brown - Assembly Speaker State Senator David Roberti - Senate President Pro Tempore Assemblyman Bill Jones - Assembly Republican Leader State Senator Ken Maddy - Senate Republican Leader) The City of is vitally concerned about AB 3214 (Isenberg, incorporates Governor Wilson's proposal to take property tax revenues from enterprise districts to help fund the state's financial responsibilities to schools. As a member of the Los.A County Sanitation Districts, our city receives critical wastewater management services necess the health and safety of our community and the Southern California environment. If enact measure will take $35 million from the Sanitation Districts now derived from their share of tf. property tax. To replace that money would require major fee increases, averaging about 33 1 and ranging in some Districts to about 75 percent. Some local areas are also in other special c (waterworks, mosquito abatement, etc.) which will also be asked to pay increased fees for property tax revenue not going to those districts, thus leading to a cumulative impact which impose a major and unacceptable financial burden on local taxpayers. which y for . this local oss of would Ironically the Los Angeles County Sanitation Districts do not levy a service charge on public schools not on the tax rolls. Some other sanitation districts do levy such a charge. If this enormous decrease in funding is enacted, schools would actually have less net revenue if they must bear the added expense of newly imposed service charges from their operating budgets, where there a none now and increased fees where they are already imposed - Enclosed is a copy of Resolution No. of the City of opposing the Governor's proposal to eliminate tax revenues for enterprise special districts. Your assistance in defeating this proposal, which is nothing more than a tax increase to be paid Ly local homeowners and businesses, is urgently required. Sincerely, Enclosures SAMPLE RESOLUTION #1 RESOLUnON OF THE CITY OF OPPOSING GOVERNOR'S PROPOSAL TO ELIMINATE PROPERTY TAX REVENUES FOR ENTERPRISE SPECIAL DISTRICTS WHEREAS, the City of is serviced by County Sanitation No. of Los Angeles County, an enterprise special district which provides was management services; and WHEREAS, said wastewater management services are essential, non-discretio ary and provided solely for the purpose of protecting the public health and safety and the environm nt; and WHEREAS, the Governor's 1992-93 Fiscal Year Budget proposes to shift $347 million of annual local property tax revenue from approximately 1,500 enterprise special districts, including said enterprise special district, to school districts to meet funding requirements prescribed by Proposition 98; and WHEREAS, the Governor's proposal to eliminate enterprise special districts annual property tax revenues and shift said revenues to school districts would cause the i 1ty of ratepayers' annual cost for wastewater management services to increase an verage of 33%-75% to help make up for the $35,000,000 elimination of said enterprise special c istricts' annual property tax revenues, based on the 1991-92 fiscal year budget; and WHEREAS, the revenue transfer does not provide additional funding to the but rather reduces the obligations of the state as required by Proposition 98; and WHEREAS, schools are entitled to a certain percentage of the state budge under Proposition 98 and thus have a guaranteed share of revenue even if the property tax shi is not enacted; and THEREFORE, BE IT RESOLVED, that the City of Governor Wilson's proposed transfer of $347 million property tax revenues from "enterl districts to schools. special 7 BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Governor, members of the Los Angeles County Delegation to the California Legislature, appi opriate Committees of the California Legislature, and others as deemed appropriate. SAMPLE RESOLUTION #3 RESOLUTION OPPOSING GOVERNOR'S PROPOSAL TO ELIMINATE PROPERTY TAX REVENUES FOR ENTERPRISE SPECIAL DISTRICTS WHEREAS, Governor Wilson has proposed shifting $347 million in prop rty tax revenues from "enterprise" special districts to school districts as part of the Governor's 1992-93 budget plan for the State of California; and WHEREAS, special districts would have to increase monthly rates or service fees to compensate for the loss in property tax revenues. As a result, customers of special districts who already pay property taxes would be charged again for the same services. Rate increases wou d have a negative ripple effect on local communities at a time when the economy is already stresse ; and WHEREAS, the shifting in property tax revenues does not provide additional unding for the school districts; but rather reduces the obligations of the State as required by Proposi ion 98; and WHEREAS, the school districts are entitled to a certain percentage of thi, State budget under state law and thus have a guaranteed share of revenues even if the property t shift is not enacted; and WHEREAS, the shifting in property tax revenues would pass on to many substantial rate hikes for sewer, water and other services; and WHEREAS, the Governor's proposal to eliminate "enterprise" special district annual property tax revenues and shift said revenues to school districts is an unacceptable scheme toalance the budget of the State of California and represents a tax increase; and WHEREAS, it is unfair to place the burden of balancing the State's budget osewer and other utility users; NOW, THEREFORE, BE IT RESOLVED, that does hereby opp se the portion of the Governor's budget that would take $347 million property tax revenues awfrom special districts and transfer it to schools. 7 BE IT FURTHER RESOLVED, that support efforts to find more eq alternative means of funding schools as prescribed by Proposition 98. BE .IT FURTHER RESOLVED, that a copy of this resolution be forwardel to the Governor, members of the Los Angeles County Delegation to the California Legislature, apppriate Committees of the California Legislature, and others as deemed appropriate. Nq i'E JJ A'E7 SOL.IO WASTE MANAGEMEN 1955 W3rkmon hn;ll Roed, Wnftt€er. CA 9GbOt X998 Ja;l a Address PO. Box 4998, '.Nnit!ier, CA 9607-998 ?elep o^e, 2i3 699-74'l, (2i3) 685-5217, fax ;213' 695-61139 URGENT Directors and City Managers County Sanitation Districts of Los Angeles County Directors and City Managers: 4-ATION DISE OF LOS .ANGELES Opposition to Loss of Property Tax Revenue - AB 3214 R E 3 P ET 0 U1 N _T Y March 13, 1192 As outlined to you in prior communications (Februar 19 and March 4, 1992) the Governor's Budget for Fiscal Year 9 contains a proposal to take $347 million in local property to revenues from enterprise special districts and use them to he the state's financial responsibilities to schools. With spec regard to the various Sanitation Districts in Los Angeles Cou the Governor's proposal would result in significant fee incre .averaging about a 33 percent increase and ranging in some Dis to approximately 75 percent. That is based on the fact that Districts currently obtain approximately $35 million per year property .axes, monies which are necessary to support the ope and maintenance of sewers and wastewater treatment plants. T proposal is intended to remain after Fiscal Year 92-93, thus loss in revenue is permanent. The Governor's proposal has now been introduced as 3214 by Assemblyman Phillip Isenberg, D -Sacramento. A copy o bill is attached. While the bill has not yet been assigned t Assembly ommittee(s), from all the information we have gathe this time it seems clear that the defeat of this proposal can be accomplished through a strong grass roots effort. We are with various impacted associations (CASA -California Associati Sanitation Agencies, SDA -Special Districts Associations, ACWA Association Clean water Agencies) and other vitally intereste parties to coordinate the opposition to the bill. A key part the effort is the need for you to contact your assembly membe. state senator, and indicate your strong opposition to the bil Enclosed are some key facts about the issue and sample resolu and letters. In addition to your legislators, we would reque, -93 p fund fic ty, ses, ricts he from ation is the an ed at only orking n of of and ions t you AB 3214 PAGE 1 1 2 3 Introduced by Assembly Member Isenberg 4 February 20, 1992 5 6 An act to amend Section 97 of, and to add Section 97.34 to, the Revenue 7 and Taxation Code, relating to local government finance, and declaring 8 the urgency thereof, to take effect immediately. 9 10 LEGISLATIVE COUNSEL'S DIGEST 11 12 AB 3214, as introduced, Isenberg. Local government finance: property tax 13 revenue allocations: special districts and school districts. 14 (1) Existing law provides for the allocation in each fiscal year of 15 property tax revenues to local jurisdictions, and generally provides that 16 each jurisdiction shall be allocated an amount equal to the amount of 17 property tax revenue allocated to that jurisdiction in the prior fiscal 18 year, subject to certain adjustments. 19 This bill would require, as specified, for the 1992193 fiscal year, 20 that the amount of property tax revenue allocated to a school district be 21 increased by those property tax revenues attributable to property located 22 within the boundaries of the school district and otherwise allocable to a 23 special district with respect to the enterprise activities of that 24 district. It would also provide, for purposes of property tax revenue 25 allocations for the 1993194 fiscal year and fiscal years thereafter, that 26 allocations of property tax revenues to each jurisdiction for the prior 27 fiscal year shall be deemed to include those modifications required by 28 this bill. By imposing new duties with respect to the allocation of 29 property tax revenues for the 30 1992193 fiscal year, this bill would impose a 31 state -mandated local. program. 32 (2) The California Constitution requires the state to reimburse local 33 agencies and school districts for certain costs mandated by the state. 34 Statutory provisions establish procedures for making that reimbursement, 35 including the creation of a State Mandates CIaims Fund to pay the costs 36 of mandates which do not exceed $1,000,000 statewide and other procedures 37 for claims whose statewide costs exceed $1,000,000. 38 This bill would provide that, if the Commission on State Mandates 39 determines that this bill contains costs mandated by the state, 40 reimbursement for those costs shall be made pursuant to those statutory 41 procedures and, if the statewide cost does not exceed $1,000,000, shall 42 be made from the State Mandates Claims Fund. 43 (3) This bill would declare that it is to take effect immediately as 44 an urgency statute. 45 Vote: . Appropriation: no. Fiscal committee: yes. State -mandated 46 local program: yes. 47 48 The people of the State of California do enact as follows: 49 50 SECTION 1. Section 97 of the Revenue and Taxation Code is amended to DELETED MATERIAL IS IN BRACKETS []. ADDED MATERIAL IS CAPITALIZED. * LEGI-TECH BILL TEXT REPORT 03/16/92 AB 3214 PAGE 3 1 difference to each incorporated city as otherwise required by this 2 section. 3 (4) The county may retain up to one-half of any increased property 4 tax allocation to which a jurisdiction may be otherwise entitled, until 5 the county receives its additional revenues pursuant to this subdivision. 6 (5) It is the intent of the Legislature in enacting this subdivision 7 to recognize that since the adoption of Article XIIIA of the California 8 Constitution by the voters, county governments have borne an unfair and 9 disproportionate part of the financial burden of assessing, collecting, 10 and allocating property tax revenues for cities. It is further the 11 intent of the Legislature that the adjustments provided for by this 12 subdivision shall constitute charges by a county for the assessment, 13 collection, and allocation of property taxes and shall not exceed the 14 actual costs reasonably borne by a county for those activities. 15 (f) If so directed by the board of supervisors, the auditor shall 16 determine the 1989190 fiscal year property tax administrative costs 17 proportionately attributable to local jurisdictions other than the county 18 or city and county, and cities, by adding the property tax -related costs 19 of the assessor, tax collector, and auditor, including applicable 20 administrative overhead costs as permitted by federal Office of 21 Management and Budget Circular A-87 standards, and multiplying the sum of 22 those amounts by the ratio of property tax revenue received by 23 jurisdictions other than the county, city and county, and cities, divided 24 by the total property tax received by all local jurisdictions in the 25 county for that fiscal year. Notwithstanding any other provision of 26 law, this amount may be calculated for 27 each fiscal year commencing with the 1989190 fiscal year, and the auditor 28 shall, commencing in fiscal year 1990191, if so directed by the board of 29 supervisors, submit an invoice to these jurisdictions for services 30 rendered in the prior fiscal year. 31 (g) Notwithstanding subdivision (0, no invoice as described in that 32 subdivision shall be submitted to any school district, community college 33 district, or county office of education, nor shall any of those entities 34 be required to pay any invoice, for property tax administrative costs for 35 services rendered in the 1990191 fiscal year, or in any subsequent fiscal 36 year. This subdivision shall not be construed to prevent the auditor of 37 any county from imposing and collecting from school districts, community 38 college districts, and county offices of education, in accordance with 39 subdivision (f), invoices for property tax administrative costs for 40 services rendered to those entities in the 1989190 fiscal year. 41 SEC. 2. Section 97.34 is added to the Revenue and Taxation Code, to 42 read: 43 97.34. (a) Notwithstanding any other provision of law, for the 44 1992193 fiscal year, the amount of property tax revenues allocated to a 45 school district shall, pursuant to the procedures established by 46 subdivision (b), be increased by those property tax revenues attributable 47 to property located within the boundaries of the school district and 48 otherwise allocable to a special district with respect to the enterprise 49 activities of that districts. 50 (b) For purposes of subdivision (a): GOVERNOR WILSON'S PROPERTY TAX PROPOSAL LOSS OF REVENUES, As part of his 1992-93 budget plan for California, Governor Wilson has proposed taking $347 million in property tax revenues from "enterprise" special districts and shifting them to schools to meet funding requirements prescribed by Proposition 98. RATE INCREASES Special districts would have to increase monthly rates or service fees to compensate for the loss in property tax revenues. As a result, customers of special districts who already pay property taxes would be charged again for the same services. Rate increases would have a negative ripple effect on local communities at a time when the economy is already stressed. CREATES INEQUITIES Because it singles out "enterprise" special districts, the proposal would unequally assess customers served by such local or regional districts. POTENTIAL IMPACTS ON BOND RATINGS/PUBLIC WORKS PROTECTS The loss of property tax revenues could affect bond ratings and cost millions in additional interest costs. As a result, the proposal could have an immediate impact on planned public infrastructure projects and the jobs they provide. STATE OBLIGATED TO FUND SCHOOLS "Proposition 98" provides a certain percentage of the state budget be set aside for schools. If the Governor's proposal to shift the property tax is defeated, schools are still entitled to their state share. SAMPLE LETTER TO THE GOVERNOR Dear Governor Wilson: The City of is vitally concerned about AB3214 (Isenberg incorporates your proposal to take property tax revenues from enterprise special districts to h, the state's financial responsibilities to schools. As a member of the Los Angeles County Sa Districts, our city receives critical wastewater management services necessary for the health an of our community and the Southern California environment. If enacted this measure will t. million from the Sanitation Districts now derived from their share of the local property t replace that money would require major fee increases, averaging about 33 percent and rai some districts to about 75 percent. Some local areas are also to other special districts watt mosquito abatement, etc.) which will also be asked to pay increased fees for loss of prop revenue not going to those districts, thus leading to a cumulative impact which would impose and unacceptable financial burden on local taxpayers_ Clearly the intent of Proposition 98 was not to take already committed property divert them to schools with a resulting inevitable increase in fees for local homeowners and' in these special districts. Ironically the Los Angeles County Sanitation Districts do not levy a service charge schools not on the tax rolls. Some other sanitation Districts do levy such a charge. If this e decrease in funding is enacted, schools would actually have less net revenue if they must added expense of newly imposed service charges from their operating budgets, where there now and increased fees where they are already imposed. - which fund tation safety :e $35 i. To ing in ly tax major and public r the none Enclosed is a copy of Resolution No. of the City of opposi ig your proposal to eliminate tax revenues for enterprise special districts. We respectfully urge you to reconsider your proposal and find alternative ways to finance the local school districts in accc irdance with the spirit and intent of Proposition 98. Very truly yours, Enclosures SAMPLE LETTER TO LEGISLATORS List of Recipients (Local Assembly person & State Senator Assemblyman Willie Brown - Assembly Speaker State Senator David Roberti - Senate President Pro Tempore Assemblyman Bili Jones - Assembly Republican Leader State Senator Ken Maddy - Senate Republican Leader) The City of is vitally concerned about AB 3214 (Isenberg) which incorporates Governor Wilson's proposal to take property tax revenues from enterprise special districts to help fund the state's financial responsibilities to schools. As a member of the Los Angeles County Sanitation Districts, our city receives critical wastewater management services necessary for the health and safety of our community and the Southern California environment. If enacted this measure will take $35 million from the Sanitation Districts now derived from their share of the local property tax. To replace that money would require major fee increases, averaging about 33 percent and ranging in some Districts to about 75 percent. Some local areas are also in other special districts (waterworks, mosquito abatement, etc.) which will also be asked to pay increased fees for loss of property tax revenue not going to those districts, thus leading to a cumulative impact which would impose a major and unacceptable financial burden on local taxpayers. Ironically the Los Angeles County Sanitation Districts do not levy a service charge on public schools not on the tax rolls. Some other sanitation districts do levy such a charge. If this enormous decrease in funding is enacted, schools would actually have less net revenue if they must bear the added expense of newly imposed service charges from their operating budgets, where there are none now and increased fees where they are already imposed. Enclosed is a copy of Resolution No. of the City of , opposing the Governor's proposal to eliminate tax revenues for enterprise special districts. Your assistance in defeating this proposal, which is nothing more than a tax increase to be paid by local homeowners and businesses, is urgently required. Sincerely, Enclosures SAMPLE RESOLUTION #1 RESOLUTION OF THE CITY OF OPPOSING GOVERNOR'S PROPOSAL TO ELIMINATE PROPERTY TAX REVENUES FOR ENTERPRISE SPECIAL DISTRICTS WHEREAS, the City of is serviced by County Sanita No. of Los Angeles County, an enterprise special district which provides management services; and District WHEREAS, said wastewater management services are essential, non-discretia�naryand provided solely for the purpose of protecting the public health and safety and the environmtent; and WHEREAS, the Governor's 1992-93 Fiscal Year Budget proposes to shift $34 7 million of annual local property tax revenue from approximately 1,500 enterprise special districts, including said enterprise special district, to school districts to meet funding requirements prescribed by Proposition 98; and WHEREAS, the Governor's proposal to eliminate enterprise special district; annual property tax revenues and shift said revenues to school districts would cause the City of ratepayers' annual cost for wastewater management services to increase an average of 33%-75% to help make up for the $35,000,000 elimination of said enterprise special istricts' annual property tax revenues, based on the 1991-92 fiscal year budget; and WHEREAS, the revenue transfer does not provide additional funding to the but rather reduces the obligations of the state as required by Proposition 98; and WHEREAS, schools are entitled to a certain percentage of the state budg t under Proposition 98 and thus have a guaranteed share of revenue even if the property tax shit is not enacted; and THEREFORE, BE IT RESOLVED, that the City of pposes Governor Wilson's proposed transfer of $347 million property tax revenues from "enterprise special districts to schools_ -7 BE IT FURTHER RESOLVED, that a copy of this resolution be forward( Governor, members of the Los Angeles County Delegation to the California Legislature, apl Committees of the California Legislature, and others as deemed appropriate. to the SAMPLE RESOLUTION #3 RESOLUTION OPPOSING GOVERNOR'S PROPOSAL TO ELIMINATE PROPERTY TAX REVENUES FOR ENTERPRISE SPECIAL DISTRICTS WHEREAS, Governor Wilson has proposed shifting $347 million in property tax revenues from "enterprise" special districts to school districts as part of the Governor's 1992-93 budget plan for the State of California; and WHEREAS, special districts would have to increase monthly rates or service fees to compensate for the loss in property tax revenues. As a result, customers of special districts who already pay property taxes would be charged again for the same services. Rate increases would have a negative ripple effect on local communities at a time when the economy is already stressed; and WHEREAS, the shifting in property tax revenues does not provide additional funding for the school districts; but rather reduces the obligations of the State as required by Proposition 98; and WHEREAS, the school districts are entitled to a certain percentage of the State budget under state law and thus have a guaranteed share of revenues even if the property tax shift is not enacted; and WHEREAS, the shifting in property tax revenues would pass on to many consumers substantial rate hikes for sewer, water and other services; and WHEREAS, the Governor's proposal to eliminate "enterprise" special district annual property tax revenues and shift said revenues to school districts is an unacceptable scheme to balance the budget of the State of California and represents a tax increase; and WHEREAS, it is unfair to place the burden of balancing the State's budget on sewer and other utility users; NOW, THEREFORE, BE IT RESOLVED, that does hereby oppose the portion of the Governor's budget that would take $347 million property tax revenues away from special districts and transfer it to schools. BE IT FURTHER RESOLVED, that support efforts to find more equitable, alternative means of funding schools as prescribed by Proposition 98. BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Governor, members of the Los Angeles County Delegation to the California Legislature, appropriate Committees of the California Legislature, and others as deemed appropriate. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING THE LOSS OF PROPERTY TAX REVENUE - AB3214 WHEREAS, Governor Wilson's 1992-93 Fiscal Year Budget proposes to shift $347 Million of annual local property tax revenue from enterprise special districts to school districts, to meet fu ding requirements prescribed by Proposition 98; and WHEREAS, the revenue transfer does not provide addit onal funding to the schools; but rather reduces the obligations o the state as required by Proposition 98; and WHEREAS, schools are entitled to a certain percentage of the state budget under state law and thus are provided a share of revenue even if the property tax shift is not enacted; and WHEREAS, the current distribution formula of property tax revenue is unfair and inequitable; WHEREAS, the Governor's proposal would place an undue financial hardship on already stressed local economies; and WHEREAS, the proposed property tax revenue transfer would force the enterprise special districts to recover the revenues in the form of substantial rate hikes for sewer, -water and ther services; and WHEREAS, the citizens of Diamond Bar would be adve rely affected by substantial increases in their special district's bills; and WHEREAS, it is unfair to place the burden of balancin the state's budget on sewer and other utility users; NOW, THEREFORE, BE IT RESOLVED, that the City Council. of Diamond Bar opposes Governor Wilson's proposed transfer of property tax revenues from "enterprise" special districts to schools. BE IT FURTHER RESOLVED, that the State Legislature re-evaluate the purpose and methodology of distributing property taxes to meet public service. BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Governor, members of the Los Angeles County Delegation to the California Legislature, appropriate Committees of the California Legislature, and others as deemed appropriate. PASSED, ADOPTED AND APPROVED this day of , 1992. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1992, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar » 4 CITY OF DIAMOND BAR AGENDA REPORT AGENDA TO: Robert L. Van Nort, City Manager MEETING DATE: April 7, 1992 REPORT DATE: March 17, 1992 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Construction of a concession stand at Carlton 1. Peterson Park. SUMMARY: The City desires to build a concession stand at Carlton 1. Peterson Park. Plans and specifications have been prepared and staff seeks authorization to solicit competitive bids for the construction of the concession stand building. The construction of this project will cost $40,000. RECOMMENDATION: It is recommended that the City Council approve the attached plans and ifications for the construction of a concession stand at Carlton J. Peterson Park. Further it is recommendec that the City Council adopt the attached resolution and authorize the City Clerk to advertise for bids. LIST OF ATTACENIENTS: X Staff Report — Public Hearing Notification X Resolution(s) X Bid Specification (on file in City C erk's Office) Ordinances(s) Other Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? Yes No 4. Has the report been reviewed by a Commission? _ X Yes _ No Which Commission? Parks and Recreation 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: _ RE EWED BV: W01V ;i/ ye,—' Bert L. Van Nort City Manager Terrence L, Belanger / f Sid J. Mousavi Assistant City Manager City Engineer/Public W rks Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 7, 1992 TO: Honorable Mayor and Members of the City Counci FROM: Robert L. Van Nort, City Manager SUBJECT: Construction of a Concession Stand at Carltot J. Peterson Park. ISSUE STATEMENT The City desires to secure competitive bids to constru a concession stand at Carlton J. Peterson Park. RECOMMENDATION It is recommended that the City Council approve the attached p ans and specifications for the construction of a concession stand at Carlton J. Peterson Park. Further it is recommended that the City Council adopt the attached resolution and authorize the City Clerk to advertise for bids. FINANCIAL SUMMARY Engineer's estimate for the construction of this project is $40 and funds have been appropriated in the approved 1991-1992 Cap. Improvement Program. BACKGROUND/DISCUSSION ,000 Ltal The need to provide a concession stand at Carlton J. Peterson park was identified last Fiscal Year. It was recommended by the Parks and Recreation Commission and approved by the City Council and included in the 1991-1992 Fiscal Year Capital Improvement Program. The firm of CGA Development, Inc. of Diamond Bar was selecte to design and prepare the construction documents for the project. The consultant presented conceptual plans to the Parks and Recrea ion Commission and met with members of the Parks and Recreation Commission at the Park site for site evaluation purposes. The final design incorporates all identified needs for use by a varety of organizations. Prepared By: Sid Jalal. Mousavi IL DATE: April 1, 1992 PROJECT NO.: A91015 SPECIFICATIONS FOR THE PROPOSED CONCESSION STAND ADDITION CARLTON J. PETERSON PARK SYLVAN GLEN DR. AND GOLDEN SPRINGS DR. DIAMOND BAR, CALIFORNIA PREPARED BY: CGA Development 556 N. Diamond Bar Blvd. Suite 301 Diamond Bar, California 91765-1000 TABLE OF CONTENTS DIVISION 0 - CONDITIONS OF THE CONTRACT 0011 Invitation to Bid 0015 Information for Bidders 0021 Proposal Form 0025 Affidavits and Bonds 0040 Agreement 0050 General Conditions 0056 Shop Drawings, Prerequisites DIVISION 1 - GENERAL REQUIREMENTS 0100 Special Conditions 0101 Clean-up & Disposal 0150 Temporary Facilities DIVISION 2 - SITEWORK 0221 Excavation. and Backfilling DIVISION 3 - CONCRETE 0330 Concrete 0335 Concrete Finishing DIVISION 4 - MASONRY 0422 Concrete Block Masonry 0430 Masonry Waterproofing DIVISION 5 - METALS 0550 Miscellaneous Metalwork DIVISION 6 - WOOD AND PLASTICS 0610 Carpentry & Millwork DIVISION 7 - THERMAL & MOISTURE PROTECTION 0720 Building Insulation 0732 Concrete Roofing Tiles 0760 Sheet Metal Work 0790 Weathersealing and Caulking TABLE OF CONTENTS - 1 DIVISION 8 - DOORS AND WINDOWS 0810 Hollow Metal Doors and Frames 0820 Wood Doors 0870 Finish Hardware DIVISION 9 - FINISHES 0925 Gypsum Drywall 0990 Painting 0995 Carpeting DIVISION 10 -_SPECIALTIES Not Used DIVISION 11 - EQUIPMENT Not Used DIVISION 12 - FURNISHINGS Not Used DIVISION 13 - SPECIAL CONSTRUCTION Not Used DIVISION 14 - CONVEYING SYSTEMS Not Used DIVISION 15 - MECHANICAL 1525 Plumbing DIVISION 16 - ELECTRICAL 1606 Electrical TABLE OF CONTENTS - 2 SECTION 0011 - INVITATION TO BIDDERS RESOLUTION NO. 92- A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BJ APPROVING PLANS AND SPECIFICATIONS FOR THE FURNISHING C CONCESSION STAND ADDITION AT THE CARLTON J. PETERSON PARI LOCATED AT THE SOUTHEAST CORNER OF SYLVAN GLEN DRIVE ANL GOLDEN SPRINGS DRIVE 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 improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specificati presented to the City of Diamond Bar be and. are hereby approved as specifications for a Concession Stand Addition at the Carlton 1. Peterson l located at the southeast corner of Sylvan Glen Drive and Golden Springs Drive. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized directed to advertise as required by law for the receipt of sealed bids or propo for doing of the work specified in the aforesaid plans and specifications, which 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, I Angeles County, California, directing this notice, NOTICE IS HEREBY GIVI: that the said City of Diamond Bar will receive at the office of the City Clerk in i City Hall of Diamond Bar, on or before the hour of 10:00 o'clock A.M. on the day of May, 1992, sealed bids or proposals for the Concession Stand Addition the Carlton J. Peterson Park in said City. Bids will be opened and publicly read immediately in the office of the City Suite 100, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City Diamond Bar, California, marked, "Bid for Concession Stand Addition at Carlton J. Peterson Park". PREVAILING WAGE: Notice is hereby given that in accordance with provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 an the Contractor is required to pay not less than the general prevailing rate of pe diem wages for work of a similar character in the locality in which the public worl performed, and not less than the general prevailing rate of per diem wages f SECTION 0011 - 1 2, is 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. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) 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 an 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, property indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 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 apprenticable 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 1130 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. SECTION 0011 - 2 Information relative to apprenticeship standards, wage schedules, and o requirements may be obtained from the Director of Industrial Relations, ex-offi the Administrator of Apprenticeship, San Francisco, California, or from Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen emp in the execution of this contract and the Contractor and any subcontractor uj him shall employ with and be governed by the laws of the State of California h to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty - dollars ($25.00) for each laborer, workman, or mechanic employed in the execu of the contract, by him or any subcontractor under him, upon any of the v hereinbefore mentioned, for each calendar day during which said laborer, workm or mechanic is required or permitted to labor more than eight (8) hours in violati of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed execute the work required by this contract as such travel and subsistence payme are defined in the applicable collective bargaining agreements filed in accordar 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 f failure to enter into such contract said cash, cashier's check, certified check, or bo rid shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, 1 amount of the lowest bidder's security shall be applied by the City of Diamond 1 to the difference between the low bid and the second lowest bid, and the surplus, any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contr for said work shall be one hundred percent (100%) of the contract price there and an additional bond in an amount equal to one hundred percent (100%) of t contract price for said work shall be given to secure the payment of claims for materials or supplies furnished for the performance of the work contracted to done by the Contractor, or any work or labor of any kind done thereon, and Contractor will also be required to furnish a certificate that he carries compensati insurance covering his employees upon work to be done under contract which i be entered into between him and the said City of Diamond Bar for the constructi of said work. No Proposal will be considered from a Contractor who is not licensed 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.) a& rules and regulations adopted pursuant thereto or to whom a proposal form has no been issued by the City of Diamond Bar. SECTION 0011 - 3 a 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 $20.00, said $20.00 is nonrefundable. Upon written request by tate bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non -reimbursable 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). Engineer's Estimate $ 39,252.00 SECTION 0011 - 4 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 7th day of April, 1992. PASSED, ADOPTED and APPROVED by the City of Council of the City of Diamond Bar, California, this 7th day of April, 1992. ATTEST: City Clerk I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, do he certify that the foregoing Resolution was duly and regularly passed and adopted the Council of the City of Diamond Bar, California, at its regular meeting held the 7th day of April, 1992, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk, City of Diamond Bar, SECTION 0011 - 5 SECTION QQ15 INFORMATION FOR BIDDER 1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at such time and place s is stated in the Notice Inviting Sealed Bids. All bids should be made in accordan with the provisions of the Standard Specifications for Public Works Constructio ri, 1991 Edition. All blanks on the bid form must be appropriately filled in. All b dE shall be submitted in sealed envelopes bearing on the outside the name of th 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 retumed to the bidder unopened. 2. PROPOSAL GUARANTEE: Each proposal shall be accomplished 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 noti of the award and will furnish the necessary bonds as hereinafter provided. In case f refusal or failure to enter said contract, the check or bond, as the case may be, sh 1 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 long hand of the person or persons duly authorized to sign the bid on behalf of bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid i alternative proposals or any other modifications of the bid form which is specifically called for in the contract documents may result in the Owner's rejec of the bid as not being responsive to the invitation to bid. No oral or telephc modification of any bid submitted will be considered but a telegraphic modificat may be considered and only if a postmark evidences that a confirmation of telegram duly signed by the bidder was placed in the mail prior to the opening bids. The bid submitted must not contain any erasures, interlineation, or of corrections unless each such correction is suitably authenticated by affixing in margin immediately opposite the correction the surname or surnames of the persi or persons signing the bid. SECTION 0015 - 1 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. 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 made 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 SECTION 0015 - 2 City against loss from liability imposed by law, for damage to any property, dan insurance shall be maintained by the Contractor in full force and effect during t entire period of performance under this contract, in the amount of not less th; $500,000 for one person injured in the accident and in the amount of not less tr $1,000,000 for more than one person injured in one accident and in the amount not less than $500,000 with respect to any property damage aforesaid. The City sl be named a co-insured regardless of fault. The Contractor shall secure with a responsible corporate surety, or corp( sureties, satisfactory bonds conditioned upon faithful performance by the Contrac of all requirements under the contract and upon the payment of claims of materia men and laborers thereunder. The Faithful Performance Bond shall be in the si of not less than one hundred percent (100%) of the estimated aggregate amount the payments to be made under the contract computed on the basis of the basis the paces stated in the proposal. The Labor and Material Bond shall be in the s of not less than one hundred percent (100%) of the estimated aggregate amount the payments to be made under the contract computed on the basis of the pri+ stated in the proposal. 9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in dor as to the true meaning of any part of the drawings, specifications, or other contr documents, or finds - discrepancies in, or omissions from the drawings specifications, he may submit to the Owner a written request for an interpretation correction thereof. The person submitting the request will be responsible for prompt delivery. Any interpretation or correction of the contract documents will made only by Addendum duly issued and a copy of such addendum will be mailed delivered to each person receiving a set of the contract documents. No person authorized to make any oral interpretation of any provision in the conte documents to any bidder, and no bidder is authorized to rely on any unauthorized oral interpretation. 10. DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or association under the same of different names, will not be considered. Reasonabl grounds for believing that any bidder is interested in more than one proposal for th work contemplated will cause the rejection of all proposals in which such budder s interested. If there is reason for believing that collusion exists among the bidders, ah 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 bag bid or on any one of the alternates indicated in the proposal. Bids will be compare on the basis of the lowest possible cost relative to the alternate or alternat selected and the contract, if awarded, will be awarded to a responsible bidder whos proposal complies with the requirements of these specifications. The award, made, will be made within sixty (60) calendar days after the opening of SECTION 0015 - 3 if proposals; provided than 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. 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 requirement 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 SECTION 0015 - 4 responsible bidder refuses or fails to execute the contract, the City may award contract to the third lowest responsible bidder. On the failure or refusal of si second or third lowest bidder to execute the contract, such bidder's guarantees sl be likewise forfeited to the City. The work may then re-advertized. 18. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at S4380) Govern Code, all specifications shall be deemed to include the works "or equal", proN however that permissible exceptions hereto shall be specifically noted in specifications. 19. EMPLOYMENT OF APPRENTICES: The Contractor, and all subcontractors, shall comply with the provisions in Secti 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor ( concerning the employment of apprentices. The Contractor and any subcontract under him shall comply with the requirements of said sections in the employment apprentices; however, the Contractor shall have full responsibility for compliai with said Labor Code section, for all apprenticeable occupations, regardless of a other contractual or employment relationships alleged to exist. In addition to U above State Labor Code Requirements regarding the employment of apprentice and trainees, the Contractor and all subcontractors shall comply with Section 5 a. Title 29 of the Code of Federal Regulations (29CFR). 20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for I award of the contract shall submit promptly to the City satisfactory evil+ showing the bidder's financial resources, his construction experience, and 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 "Nott, Inviting Sealed Bids" section of these specifications. The Contractor shall forfeit penalty to the City of Diamond Bar, not more than fifty dollar ($50) for labort workmen, or mechanics employed for each calendar day, or portion thereof, if si laborer, workman or mechanic employed is paid less than the general prevaili rate of wages herein referred to and stipulated for any work done under proposed contract, by him, or by any subcontractor under him, in violation of provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclus Copies of all collective bargaining agreements relating to the work as set forth in t aforementioned Labor Code are on file and available for inspection in the Office the Department in 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 the issuance of the first payment made under this contract. SECTION 0015 - 5 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 hundre twenty (120) calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of two -hundred -fifty dollars ($250) 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 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. 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. SECTION 0015 - 6 Erasures of interlineations in the proposal must be explained or noted over signature of the bidder. 30. ACCEPTANCE OR REJECTION OF BIDS: The City Council of the City of Diamond Bar reserves the right to accept any bid reject any or all bids and to waive any informality or defects in bids received as 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 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 the quantity does not agree with the total amount entered for the item or if the amount is not entered, the unit price and the corrected extension will be consi 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 amountil 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 amount shown, the correctly added total of the individual items shall prevail the total amount. 32. ADDENDA TO CONTRACT DOCUMENTS: The Architect may, from time to time, issue addenda to the contract d during the period of advertising for bids, for the purpose of clarifying or special provisions, plans or bid proposal. Purchasers of contract documents will be furnished with copies of such adde either by first class mail or personal delivery, during the period of advertising. addenda will be sent to the address the purchaser of the contract documents with or furnished the City of Diamond Bar at the time the purchase was m SECTION 0015 - 7 SECTION 0021 - PROPOSAL FARM NOTICE: Bidders shall complete all items of cost where indicated in the Bid F Form or Proposal will be subject to disqualification. NAME OF CONTRACTOR SIGNED BY TITLE LICENSE NO. DATE ADDRESS TELEPHONE NUMBER RE: Concession Stand Addition Carlton 1. Peterson Park Sylvan Glen Dr. and Golden Springs Dr. Diamond Bar, California 91765 GENTLEMEN: Having carefully examined the Agreement Form, the General and Spe Conditions, the Specifications, Drawings and Addenda prepared by:! Development dated March 6th. 1992, which together form the contract for above referenced construction project, and having ascertained all of the conditic affecting the proposed work, and having visited the site, Contractor hereby propc to furnish all supervision, labor and materials, transportation, service and equipm necessary for and/or reasonably incidental to the construction and pr( completion of the entire work called for by the above named documents for guaranteed maximum sum of Dollars ($ hereinafter referred to as the Base Bid. (Base Bid includes cash allowances a premium costs of bonds and insurance.) CONSTRUCTION TIME SCHEDULE: The Contractor is aware that the Construction Time Schedule requires that t project be completed in one hundred twenty calendar days. A. The Contractor agrees, if awarded the Contract and if so directed by the Owner, deliver to the Owner through the Architect, within ten (10) calendar days after , signing of the Contract or if construction commences sooner prior to the start construction, satisfactory payment and performance bonds in a form acceptable the Owner, each in an amount equal to one hundred percent (1001) of the Ba Bid. SECTION 0021 - 1 SEGREGATION OF BASE BID: For accounting purposes only, the Base Bid shall be segregated into categories of work with attendant sums as shown below: DIVISION AMOUNT I. Building: A. MASONRY, CONCRETE AND STEEL: .................. $ B. CARPENTRY (ROUGH AND FINISH): ................. $ _ C. ROOF STRUCTURE: ............................... $ D. ROOFING: ...................................... $ E. INSULATION: ................................... $ F. DRYWALL: ...................................... $ G. PAINTING :..................................... $ H. PLUMBING: ..................................... $ 1. ELECTRICAL: ................................... $ J. OTHER: ........................................ $ II. CONTRACTOR ADMINISTRATION: A. FIXED JOB COSTS :.............................. $ B. OVERHEAD AND PROFIT: .......................... $ III. PREMIUM COST OF BONDS :........................ $ BASE BID (PROJECT MAXIMUM COST) :.............. $ (TOTAL OF I, II, and III) ADDENDA INCLUDED: ADDENDUM NUMBER DATE SECTION 0021 - 2 SECTION 0025 - _AFFIDAVITS AND BONDS CITY OF DIAMOND BAR SPECIFICATIONS FOR CONCESSION STAND ADDITION SYLVAN GLEN DR. AND GOLDEN SPRINGS DR. The undersigned bidder further understands that the City of Diamond Bar, Califoj reserves the right to award all or any part of this bid without any obligation to the City. City also reserves the right to waive any informality in bids. Dated: , 1492 PROPER NAME OF BIDDER By: (Signature of bidder) Address City and Zip Code Telephone Number License No. and Type SECTION 0025 - 1 CITY OF DIAMOND BAR SPECIFICATIONS FOR CONCESSION STAND ADDITION SYLVAN GLEN DR. AND GOLDEN SPRINGS DR. Accompanying this proposal is (insert I cash", "cashiers check", or "bidder's bond", as the case may 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 contract, 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 NONCOLLUSION AFFIDAVIT STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES being first duly sworn, deposes and says: That he is of, the parry making the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any other bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or SECTION 0025 - 2 conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bids are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) Subscribed and sworn to before me this day of Notary Public in and for the County of Los Angeles, State of California Signature 1992 My Commission expires ,1992 MOWORKEIMM 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 ($ 1 lawful money of the United States of America, for the payment of which sum, will and truly 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 the 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 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 materials to be furnished, which may be made pursuant to the terms of said contract shall not in any way release either said Contractor or the 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 such Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1992. PRINCIPAL SURETY (SEAL) (SEAL) SECTION 0025 - 4 NOW ALL MEN BY THESE PRESENTS, THAT WE, as Principal, and as Surety, are held and firmly bol the City of Diamond Bar in the sum of ten percent (10%) of the total amount of the bid the principal, to be paid to said City or its certain attorney, its successors and assigns; which payment will and truly be made, we bind ourselves, our heirs, executors administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum THE CONDITION OF THIS OBLIGATION IS SUCH, unto of 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 1992 for the Addition of a Concession Stand at the Carlton J. Peterson Park, located on the southeast corner o Sylvan Glen Dr. and Golden Springs Dr. in the City of Diamond Bar, California. NOW THEREFORE, if the aforesaid Principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms ai presented to him for signature, enters into a written contract, in the prescribed form i accordance with the bid, and files the two bonds with the City of Diamond Bar, one 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 full force and effect, In the event suit is brought upon this bond by the oblige judgement is recovered, the Surety shall pay all costs incurred by the oblige in such su including a reasonable attorney's fee to be fixed by the court. SECTION 0025 - 5 BIDDER'S BOND (CONTINUED) IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of , 1992 NOTE: (seal) (Seal) (seal) (seal) PRINCIPAL jseal) (seal) SURETY (seal) ADDRESS Signature of those executing for the Surety must be properly acknowledged. SECTION 0025 - 6 6UkK—#1U1Q0010KTC13# KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made an entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by between hereinafter rc ferred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were receivec, 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 contrac with Contractor for furnishing labor, equipment, and material for a Concession Stan Addition at the Carlton J. Peterson Park located at the southeast corner of Sylvan Glen Drive and Golden Springs Drive. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it i agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, d equipment for and do the work for the Concession Stand Addition at the Carlton J Peterson Park. Said work to be performed in accordance with specifications an standards on file in the office of the City Manager and in accordance with bid priecs 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 i full herein. Said documents, the Resolution inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. Thi, 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 lawft governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistent exists between the aforesaid documents and this written agreement, the provision: of this written agreement shall control. SECTION 0040 - 1 3. TERMS OF CONTRACT 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 ninety (90) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred ($100.00) 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. KIVI RIM "- 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: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of work of this contract. 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. SECTION 0040 - 2 3) Contractor's Protective - Bodily Injury $500,000 each p $1.,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accid $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 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 officcrs, 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 cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thir y (30) days after receipt by City of a written notice of such cancellat on or reduction of coverage as evidenced by receipt of a regisu red letter." 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain endorsement which: 1) Waives all right of subrogation against all persons and enti des specified in subparagraph 4.c.(2) hereof to be listed as additinal insured 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 i or herein; 2) Provides it shall not be canceled or altered without thirty (30) d,, ys written notice thereof given to City by registered mail. e. The Contractor shall at the time of the execution of the contract present original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the insurance of su h insurance, and the additional insured and other provisions required herein. C iSLi S] 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. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) 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 be 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 1130 of its membership through apprenticeship training on an annual basis statewide or locally, or SECTION 0040 - 4 12. ATTORNEYS' FEES: In the event that any action or proceeding is brought by either party to enforce term or provision of the Agreement, the prevailing party shall recover its reason attorneys' fees and costs incurred with respect thereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed with all the formalities required by law on the respective dates set forth opf their signatures. State of California Contractor's License No. Approved as to form City Attorney Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time in CITY OF DIAMOND BAR, La SECTION 0040 - 7 k SECTION 0050 — GENERAL CONDITIONS 1.0 GENERAL CONTRACTOR AND SUBCONTRACTORS "General Conditions of the Contract for Construction" Standard Form A-201, August 1976 Edition of the American Institute of Architects, hereinafter referred t as General Conditions, are hereby made a part of this specification to the extent as if bound herein. A copy of Form A-201 is included herein. *** END OF SECTION *** SECTION 0050 - 1 1.0 GENERAL 1.1 SUBMITTALS Submittals will be as follows: A. Shop Drawings: 1. One (1) transparent ozalid reproducible. 2. Five (5) blueline prints - bound in sequence. B. Brochures/Materials Lists/Specifications: 1. Seven () Sets each - bound in sequence. C. Samples: 1. 2 each unless additional samples are requested. 1.2 SUBMITTAL PROCEDURES A. All submittals shall be identified with the job name, location and job number ar d shall be reviewed, stamped and signed approved by the Contractor prior to submission to the Architect. ([Tse approximately 3" x 1-318" identification stain)). Each sheet of drawings, both prints and transparencies, shall be so identified ar d signed. Bound sets of brochures, specifications and materials lists shall include index sheet completely identifying the entire contents of the submittal.e Contractor may identify, stamp and sign only the index sheet at his options. In ' u of stamping approval on each sheet, the Contractor may indicate on the letter f transmittal that he has reviewed and approved all the material includ . Resubmittals shall be handled the same as original submittals, but identified as suc and bearing the original shop drawing number. B. Each submittal shall be accompanied by a letter of transmittal containing a complete list of the submitted material. Separate letters of transmittal sh,11 accompany each submittal of different categories and from different Subcontractor. C. All submittals shall be forwarded to the Architect. *** END OF SECTION *** SECTION 0056 - 1 d. When the Contractor provides evidence that he employs regi apprentices on all of his contracts on an annual average of not less than apprentice to eight journeymen. The Contractor is required to make contribution to funds established for th administration of apprenticeship programs if he employs registe apprentices or journeymen in any apprenticeable trade on such contracts an, if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with requirements of Sections 1777.5 and 1777.6 in the employm 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 emp in the execution of this contract, and the Contractor and any subcontractor u him shall comply with and be governed by the laws of the State of California b to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 Labor Code of the State of California as amended. M 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 mentional, for each calendar day during which said laborer, workman, or mechanic is requimd 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 execute the work required by this contract as such travel and subsistence payme are defined in the applicable collective bargaining agreements filed in accordai 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 persoi is, either workmen employees of the Contractor of his subcontractors or the public, ar 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 fiom SECTION 0040 - 5 defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent 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, or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgement 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 the 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. 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 SECTION 0040 - 6 SECTION 0100 - SPECIAL ,CONDITIONS 1.0 GENERAL The General Conditions, Supplementary Conditions and Division 1 are made a part of these specifications, and shall apply to the work of every thereof. 1__1 CONSTRUCTION SCHEDULE A. The Contractor shall cooperate in conducting his operations to permit easy pedestrian and vehicular access around the construction area at all times. He confine his construction area to such areas as is mutually agreed by the Arcl the Owner and Contractor. 1.2 OCCUPANCY OF BUILDING PRIOR TO FINAL ACCEPTANCE A. The Owner and their representative have the right to take possession and use an' completed or partially completed portion of the building providing it does 1 interfere with the Contractor's work. Such taking of possession or use of the buildi or any portion thereof, shall not constitute a final acceptance or acknowledgement of fulfillment of the term of the Contract. *** END OF SECTION *** SECTION 0100 - 1 SECTION 0101 - CLEAN-UP AND DISPOSAL 1.0 GENERAL Requirements of Division 0 and Division 1 apply to work of this Section. 1.2 SCOPE A. Fumish materials and equipment and perform labor required to execute this wof as indicated on the drawings, specified herein and necessary to complete the work this section, including, but not limited to the following principal items: Provide a clean project ready for occupancy. 1. Combustible rubbish shall not be burned on the property. All residue and non-combustible rubbish shall be removed from the site, leaving the ent site clean. 2. As soon as the site work is completed, all debris shall be removed. 3. During the progress of the work, all debris shall be removed at least of each week from the premises. See specific Sections for clean up related any particular work. 4. Prior to the acceptance of the complete project, the entire premises shall l cleaned to the approval of the City and the Architect. *** END OF SECTION *** SECTION 0101 - 1 SECTION 0150 - TEMPORARY FA IL 1.0 GENERAL Requirements of Division 0 and Division 1 apply to work of this Section. 1.2 SCOPE Furnish materials and equipment and perform labor required to execute this w( as indicated on the drawings, specified herein and necessary to complete Contract. 1.3 SAFETY A. Exercise precaution at all times for the protection of persons (including employee and property. Observe the safety provisions of applicable laws, building construction codes. Guard machinery, equipment, and all hazards in accordan with the safety provisions of the latest edition of the Manual of Accident Preventi in Construction, published by the Associated General Contractors of America, the extent that such provisions are not in contradiction of applicable laws. Prott all hazards with adequately constructed guard rails or barricades and prov lanterns, warning lights, and the like, as necessary. Eliminate all distra nuisances from the work and from the site. To this end, dispose, store, guard protect the premises and all work, materials, equipment and both permanent ar temporary construction so as to preclude the entry of unauthorized persons. In i case shall the Owner or Architect be responsible for construction means, methm techniques, sequences or procedures or for safety precautions and programs connection with the work, nor shall the Owner or Architect be responsible Contractor's failure to employ proper safety procedures. B. Structural design of all items used in the construction of the building and not permanent part thereof, including but not necessarily limited to hoisting of towe shoring for concrete masonry work, the temporary bracing for structural steel, ; the shoring of trenches or cut earth banks is the sole responsibility of Contractor. All such items shall conform with requirements of Governing Codes Agencies. SECTION 0150 - 1 L4 SCAFFOLDM AND HOISTS A. The specifications provide that the various trades shall furnish all necessary scaffolding for their work. It shall be the prerogative of the Contractor to elect to furnish all scaffolding to the trades. B. All scaffolds shall be built in accordance with the requirements of all state and local laws and regulations. 1.5 BARRICADES Contractor shall build and maintain all barricades required by the governing agencies. Barricades shall be constructed of plywood facing and rigid, well braced wood frame. Apply 1" x 4" wood trim at top and bottom of plywood face, unless otherwise shown on the drawings. Barricades shall be at least 8'-0' high and painted two coats of exterior oil paint in colors as directed by the Architect. Painting of signs on barricades, if required by the Owner, will be performed by the Owner. 1.6 MAI ANE OF TRAFFIC Maintain traffic on all streets adjacent to or leading to the site. Where construction operations interfere with the free movement of traffic, provide traffic controls, flagmen or similar devices to efficiently control traffic movement. 1.7 CLEANING At all times during the course of this Contract keep the buildings, the Owner's premises and the adjoining premises, including streets and driveways, free from accumulations of waste materials and rubbish caused by employees or work or by the employees or work of Sub -contractors. Bury no rubbish on the Owner's premises. At completion of the work, or prior thereto if so directed, remove from the buildings and the premises all tools, appliances, surplus materials, debris. temporary structures, temporary construction and rubbish. Cleaning, polishing, sealing, waxing and all other such finish operations noted on the drawings or required in the specifications shall be taken to indicate the required condition at the time of acceptance of work under the Contract. SECTION 0150 - 2 1.8 DEWATERING Surface or sub -surface water or other fluid shall not be permitted to accumulate i excavations nor under structures. Should such conditions develop or be encountered, the water or fluid shall be controlled and suitably disposed of by tje Contractor by means of temporary pumps, piping, drainage lines and ditches, dams or other methods as approved by the Architect and in approved locations. 1.9 TEMPORARY TOILETS: Provide temporary toilet facilities for all personnel employed on the Maintain toilets in a clean and sanitary condition at all times. Remove at completion. 1.10 CONSTRUCTION WATER AND POWER Make arrangements for all water and power required for the project. Provide temporary lines and pay all bills. Remove temporary facilities at project compled 1.11 WATCHMAN SERVICES The Contractor shall provide such watchman services as he may. deem necessary properly safeguard materials, tools, appliances and work during all hours operations under the Contract are not being actively pursued. The Owner shall n assume any responsibility for the loss of, or damage to, materials, tools, appliar or work arising from acts of theft, vandalism, malicious mischief or other causes. *** END OF SECTION *** SECTION 0150 - 3 E TI N 0221 - EXCAVATION AND BACKFILLING 1.0 GENERAL Requirements of Division 0 and Division 1 apply to work of this Section. 1.1 SCOPE Furnish materials and equipment and perform labor required to execute this wor as indicated on the drawings, specified herein and necessary to complete the work this section, including, but not limited to, the following principal items: A. All required excavation, backfilling and finish grading within the general area and as required by the drawings and specifications. B. Final finish grading for aggregate base material. C. Miscellaneous related work. 1.2 RELATED WORK SPECIFIED ELSEWHERE Trenching and backfilling for underground utilities. 1.3 DUST CONTROL During all operations, water shall be applied to the surfaces in the working area frequent intervals and in sufficient qualities to lay the dust and for pr( compaction. 1.4 CRIBBING AND SHORING Provide cribbing, sheathing and shoring necessary to safely retain the earth 1 and protect excavations and adjoining grades from caving and other d; resulting from excavating; together with suitable forms of protection against t injury to personnel employed on the work. The responsibility for the installation and maintenance of required cribbing and shoring shall be entirely of the Contractor. SECTION 0221 - 1 2.0 PRODUCTS 2.1 QUALITY CONTROL A. Compaction test (when required) shall be performed by a licensed Soils Engineer and paid for by the Contractor. B. Soils at the design foundation level shall provide satisfactory support: footings shall be cleaned of loose soil and shall be subsequently approved by the Architect and Soils Engineer prior to pouring. C. Refer to Paragraph 3.4. 3.0 EXEC 3.1 VERIFICATION OF EX nNQ CONDITIONS Visit the site to determine existing conditions, nature of materials to be encountered and all other facts concerning or affecting the work. Information on the drawings pertaining to soil conditions and soil investigation report does not constitute a guarantee of the uniformity of soil conditions over the construction site, nor a guarantee of ground water levels. 3.2 EXCAVATION A. Perform excavation to dimensions and elevations indicated on the drawings or required for the footings, and all work incidental thereto. Excavations shall extend a sufficient distance from footings to allow for forming and inspection, except for spread footings where concrete may be deposited directly against earth surfaces, when approved by the Architect and the governing authorities. B. Excess excavation shall be avoided. Should an excavation, through error, be cut to greater depth than required, such additional depth shall be filled with concrete of the type and strength used in the construction adjacent to or bearing on the excavated surface, at no additional cost to the Owner. C. All excavated material not suitable for filling, backfilling as approved by the Architect, and all excess earth or other material shall be removed from the site. SECTION 0221 - 2 3.3 FILL AND BACKFILL A. After completion of footings, and other construction below the elevation of finish grades, forms shall be removed and the excavation cleaned of trash and de prior to filling and backfilling. No fill or backfill shall be placed until approval is given by the local building officials. B. Material for filling and backfilling shall consist of excavated material and or approved imported borrow, and shall be free of organic matter, trash, lumberr other debris. (See Paragraph 3.4) C. Refer to soil investigation report of record for fill and backfill requirements and other earthwork requirements. If none, deposit fill and layers of 6" thick and compact to a relative density of at least 95 %. 3.4 CLEAN-UP Upon completion, remove from the site all rubbish, trash and debris resulting the operations. Remove all equipment and implements of service, and leave entire area in a neat, clean and acceptable condition. ***END OF SECTION*** SECTION 0221 - 3 SECTION 0330 - CONCRETE 1.0 GENERAL Requirements of Division 0 and Division 1 apply to work of this Section. 1.1 SCOPE Furnish materials and equipment and perform labor required to execute this wor as indicated on the drawings, specified herein and necessary to complete the work this Section, including, but not limited to, the following principal items: A. Furnish and install all concrete reinforced and unreinforced. B. Aggregate base materials. (Where applicable) C. Reinforcing steel and mesh. D. Sand. (Where applicable) E. Impervious membrane. (Where applicable) F. Embedded items. G. Formwork. H. Test and inspections. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Masonry, including reinforcing steel in masonry construction. 1. Dowels projecting out of cast -in-place concrete for anchorage or ma construction. Dowels projecting out of masonry for anchor subsequently placed concrete is included under Section 0420 - Masonry. B. Cement Finishing. 1 3 QUALITY ASSURANCE A. Comply with pertinent provisions of following standards, except as herein 1. Concrete Reinforcing Steel Institute (CRSI) "Manual of Standard Practice" 2. American Concrete Institute (ACI) 318. 1.4 SUBMITTALS A. Shop Drawings: Submit five copies of complete Shop Drawings of all material proposed to furnished and installed under this Section. Show: 1. Bar schedules, stirrup spacing, diagrams of bent bars and arrangements assemblies. 2. Make Shop Drawings in accordance with ACI 315. SECTION 0330 - 1 of be B. Mill certificates: Submit steel producer's certificates of mill analysis, tensile and bend tests for reinforcing steel. C. Shop Drawings must receive Architect's written approval prior to fabrication of any materials. 1.5 PRODUCT HANDLINr A. Delivery: Deliver reinforcement to the job site bundled, tagged and marked. Use metal tags indicating bar size, lengths and other information corresponding to markings shown on placement diagrams. B. Storage: Store reinforcement at the job site in a manner to prevent damage and accumulation of dirt and excessive rust. 2.0 PRODUCTS 2.1 MATERIALS A. Portland Cement: Non -plastic type, domestic brand conforming with ASTM C 150 Type I or II. Written approval required to use alternate brand. B. Aggregates For Stone Concrete: From approved pits. Conform with requirements of ASTM C 33, except as modified herein. Sieves for grading aggregate - woven wire cloth, conforming with requirements of ASTM E 11. 1. Fine Aggregate: Hard, strong, durable particles of natural sand, containing a total of not more than 1 % by weight of clay, shale, mica, coated grains, coal or other lightweight matter. Aggregate shall pass a 118" mesh sieve, uniformly graded from coarse to fine, with at least 95 % passing a No. 4 sieve, and not to exceed 2% passing a No. 200 sieve. Whenever the sieve analysis indicates a deficiency of fines or non - uniformity of the gradation, use a combination of fine aggregates and asphalt sand in such proportions as will produce the required results. SECTION 0330 - 2 2. Coarse Aggregate: Clean, hard, fine-grained, sound, washed gravel, or crushed stone, contain ng not more than 2 % by weight of clay, shale, mica, coal, or other lightwe ghi material, and not more than 5 % by weight of flat, thin, elongated, friable, or laminated pieces. Where one dimension is in excess of 5 times its avers Ye thiclmess, consider the pieces as flat or elongated. Furnish coarse aggrega in two gradations, separately measured and introduced into the mix. (a) One Inch Maximum Size Aggregate: Grade uniformly from that passing a 1" mesh sieve to that retained a No. 4 sieve. (b) 1-112 Inch Maximum Size Aggregate: Grade uniformly from that passing a 1-1/2" mesh sieve to retained on a 314" mesh sieve. 3. Combined Aggregates: Table indicates desired combined grading of fine and coarse when the particles are reasonably uniform in grading and aggregates are of a general rounded nature. Percent PassingBy Weiahtj Using 1-112" Max. Using 1" Max. Sieve Size Size Aggregate Size Aggrggatg 1-112" 95-100 100 1" 75-85 90-100 3/4" 60-75 75- 90 3/8" 40-55 45- 60 No. 4 33-45 36- 47 No. 8 25-38 28- 40 No. 16 20-30 20- 32 No. 30 14-20 12- 23 No. 50 5-10 3- 10 No. 100 0- 3 0- 3 No. 200 0- 1 0- 1 C. Water: Potable from domestic supply. D. Admixture: Use Red Label Suconem, or other as approved, to integrally harden slabs on added in accordance with manufacturer's recommendations. SECTION 0330 - 3 E. Reinforcements: L Except as otherwise indicated, reinforcing steel shall be billet steel conforming to ASTM A 615, Grade 40, deformed. Furnish deformed bars of size determined by the minimum cross section thereof and, in case of dispute, determine conformity as to size by weighing. 2. Reinforcing Fabric shall conform to the requirements of ASTM A 185 except that the requirements of a tensile strength of 70,000 psi may be reduced to 60,000 psi. 3. Electrodes for welding reinforcing steel, conform with the requirements of ASTM A E70 series, low hydrogen, having a minimum yield point of 60,000 psi. 4. Reinforcing steel for masonry as specified in Section 0422 - Concrete Block Masonry. 5. Steel Wire: Comply with ASTM A 82. F. Curing compound for use on slabs scheduled or detailed to be finished with other applied materials - one of the following: Material shall contain a fugitive dye. Treatment shall be guaranteed in writing on an individual job basis as to compatibility with all types of resilient flooring adhesives and all other types of applied finishes, including delayed cement topping and membrane waterproofing. Refer to the drawings and other sections of the specifications. 1. "Hunt TLF" manufactured by Hunt Process Co., Inc., Los Angeles, California, applied at the uniform rate of 400 (max.) sq. ft. /gallon. 2. Or other, as approved by the Architect. G. Compressible form material for use beneath concrete walls, as indicated, shall be Styrofoam, or other as approved. H. Sealant Primer: Products Research Co.'s "PRC Primer No. 4", or other as approved. I. Non -Shrink additive for dry pack and for patching - Master Builders; Co. "Embeco" , or other as approved. Above grade where exposed to weather or moisture, dry pack without non -shrink additive shall be used. J. Crack Sealer: Sika "Igas Joint Sealer", "Flintseal", as manufactured by the Pioneer Flintkote Co., "Laykold" crack sealer, as manufactured by the American Bitumuls and Asphalt Co., or other as approved. SECTION 0330 - 4 K. Separation Joint: Durajoint or approved equal waterstop of size and shape as required by t4e drawings, as manufactured by Electrovert, Inc., and shall be filled and sealed w th "Flintseal" joint filler as manufactured by Pioneer Flintkote Co., or other as approved. 2.2 DESIGN STRENQTH AND PROPORTIONS A. Concrete shall have minimum compressive strength at 28 days as indicated structural drawings. B. Mix Design: Concrete mixtures shall be designed by the testing agency, at the Contracis expense. Concrete reports of sieve analysis and mix designs shall be submitted to e Architect and approval obtained prior to placing any concrete. Test specimens sh 1 be made on not less than three batches of the design mix; reports shall indica compressive strengths and, for lightweight concrete, the weight per cubic foot bef e approval can be obtained. C. Proportions: For each batch, weigh the fine and coarse aggregate separately, measure the cen and water separately and introduce separately into the mix so that the proporti can be accurately controlled and easily checked. D. Changing The Proportions: Make no change from the proportions established by the testing agency, written permission. 1. Cement: 2. Water: In the event concrete develops, less than the required minimum strengt adjust the mix proportions and increase the amount of cement, as necessary Do not exceed the predetermined amount of water, because of slowness discharge from the mixer or any other reason, but reduce water to minimum necessary to produce concrete that will work readily into corn and angles of form and around reinforcements, without segregation of materials and without free water collecting on the surface. 3. Aggregates: Reasonable variations in grading will be allowed because of characteristics available materials and the need for workability and strength. SECTION 0330 - 5 2.3 SLUMP Maximum slump shall not exceed 4" slump in accordance with ASTM C 143. 3.0 EXECUTION 3.1 FORMS A. Best type for the purpose, substantially constructed, rigidly supported and made to shapes and dimensions necessary to form the lines and designs indicated and providing for special built-in features, as shown. B. Earth bank forms may be used below grade when earth banks are firm neatly trimmed, and when they will retain the concrete in the precise size and shape, and approved by the Architect, Soils Engineer and Governing Agency. C. Wood Forms: Construct wood forms, free from cupping, warpage, large or loose knots. Break joints and double nail. 1. Boards: When concrete wall or soffit surfaces are exposed or are to receive a finish other than paint, build forms of 1 x 5 sheathing, and place the rough side next to the concrete. Plywood may be used in lieu of sheathing, except on surfaces to receive tile, or other heavy finishes. 2. Plywood: Where concrete wall slab or soffit surfaces are exposed or are to receive no finish other than paint, build forms with plywood form material in contact with the concrete. Use plywood in as large panels as is practicable and treat as hereinafter specified. 3. Form coating applied to all wood forms and approved before application. In no instance shall a coating be used that will interfere with the application or adhesion of paint or any other material to be applied to the surface of the concrete. Joints between form panels on exposed faces of concrete sealed with a paste of white lead thinned with linseed oil to butter consistency at time of erection of the forms. D. Metal Forms: Good condition, clean, free from dents and bends; and treated before reinforcing is in place with an approved metallic non -staining form oil. Sections of metal forms tightly interlocked and securely fastened in place. Provide openings required for all trades. Allow the cutting or drilling of metal forms for attaching sleeves or other items embedded in the concrete. SECTION 0330 - 6 E. Used form materials may be re -used where they produce finished surfaces equal finished surfaces equal to finished surfaces where new form materials are us Before re -use, thoroughly clean, recondition in every respect, suitable for their use purpose. F. Construction. Rigidly support and substantially construct forms, erect to line, shape dimension, and in precise position to form the lines and designs indicated, and precise position to form the lines and designs indicated, suitable for removal withc prying against the concrete. Make forms tight, without cracks or holes, and prev the leakage of mortar or loss of fine particles from the concrete. Knots that ha loosened, leaving holes that are not used and cracks that opened up shall be coven with sheet metal for unexposed concrete. 3.2 REINFORCEMENT A. Bending And Forming: Fabricate steel bars, wire and fabric of indicated size, length, and gauge, accurately form to the shapes indicated, by methods that will not injure materials. Heating of reinforcement for bending will not be allowed, and bars v kinks or bends not scheduled will be rejected. B. Marking and Shipping: Bundle reinforcement and tag with suitable identification to facilitate sorting a placing, and transport to and store at the site so as not to damage the materi Keep a sufficient supply of tested, approved and proper reinforcement on the site avoid delays in the work. C. Cleaning: Before placing reinforcement, and again before concrete is placed, reinforcement of loose mill scale, oil or other coating that might destroy or i the bond. D. Placing: 1. Securing In Place: Accurately place reinforcement and securely tie in precise position, using least 16 ga. annealed steel wire at points where bars cross, so as to hold tb against displacement during the placing of concrete. Stirrups shall be tied bars at both top and bottom. All horizontal reinforcement shall be support( in strict accordance with the 1963 "Recommended Practice for Placing Supports" as published by the Concrete Reinforcing Steel Institute. supports within 1- 112" of exposed surfaces shall be galvanized. SECTION 0330 - 7 2. Spacing Of Reinforcement: Exercise particular care in the placing and securing of reinforcement to maintain the proper distance and clearance between parallel bars and between bars and the forms. Provide metal spreaders and spacers to hold horizontal steel in positions in beams and girders, and elsewhere as necessary. Precast concrete cubes may be used to support reinforcing steel in footings, in slabs placed on earth and in slab topping. Support steel at proper height upon galvanized "S" chairs, or "support bars" and galvanized "S" chairs with hangers, or in other manner, as necessary. All slab reinforcement shall be supported as follows: #3 bars at 2'-0" o.c. maximum; #4 bars at 3'-0" O.C. maximum; #5 bars at 4'-0" o.c. maximum. Where "support bars" are used to hold the slab reinforcement in place, chairs under the support bars shall be spaced not to exceed the values set forth above. At each location, during the placing of concrete, assign a competent person to inspect; reinforcement and maintain the bars in their proper positions. 3. Splices: Make splices in reinforcing steel where indicated, or if not shown on the drawings, in accordance with requirements of ACI, dated 1463. Where made, lap as indicated or necessary to develop the strength of bars. Maintain a clear space equal to 1-112 diameters, and in no case less than 1-112", between the spliced bars, except where otherwise indicated. Stagger top splices and in horizontal wall reinforcement separate at least 10 feet longitudinally in alternate bars of opposite tiers. Stubs and dowels, required to receive and engage subsequent work, shall extend a sufficient length to develop the strength of the bar. Place dowel and stub bars in the forms and secure against displacement during the placing of concrete. 4. Welding: Splices, as indicated, shall be welded by the direct electric arc process. Operators shall be thoroughly trained and experienced in arc welding and shall be certified as prescribed by the American Welding Society. (a) Inspection: Welding, including installation of stud anchors, shall have continuous inspection by an approved testing agency. (b) Stud anchors shall be installed as indicated, prior to placing of reinforcing steel. Installation shall be in accordance with the manufacturer's recommendations. SECTION 0330 - 8 5. Fabric Reinforcement: Roil out, straighten, and cut to required size, and lay reasonably flat in place Lap fabric one full mesh at sides and ends, and securely wire together and other reinforcement at frequent intervals. At edges of slabs on earth, at expansion and contraction joints, extend the fabric to within one inch 1 edge. As the concrete on earth is placed, lift the fabric reinforcement at intervals to secure proper embedment in the concrete. Use only if specifically called for on drawings. 6. Clear distance between reinforcing steel and face of concrete shall be s follows; (a) Concrete in contact with earth: 3". (b) Concrete in contact with earth, but placed in forms: 2". 3.3 ITEMS BUILT INTO CONCRETE A. Embedded Items: Including conduit, anchors, rough hardware and plumbing piping built into as indicated. 1. Conduit: Do not embed piping, other than electrical conduit, in structural Locate conduit to maintain strength of the structure at a maximum. the thickness of the concrete if the outside diameter of the conduit 30% of the concrete thickness. 2. Anchors And Rough Hardware: Bolo, inserts and other items embedded in the concrete; accurate secured that they shall not be displaced during the placing and compacting of the concrete. Set embedded bolts for light poles, and sleeves for pipe standards and other equipment on concrete, to template, in accordance with layouts cr shop drawings of the manufacturer. Verify size, length and location of electric conduit with respect to equipment supports. 3. Plumbing Piping: (See Section 1525) 3.4 HOLLOW METAL DOOR FRAMES A. Door frames accurately located, erected plumb and securely attached to concr forms and floor and braced in position prior to start of concrete placing. Frames specified under Section 0810 - Hollow Metal Doors and Frames, to be furni: with fixed anchors. Fill frames solid with concrete as the erection progresses. B_ Provide temporary wood spreaders from jamb to jamb at mid -height, more often required, to insure that jambs do not bow in or distort from a straight line as frafr are filled. SECTION 0330 - 9 C. Provide temporary shores to support heads of metal frames and prevent deflection from superimposed loads during erection. 3.5 CONCRETE MIXING A. Concrete: Ready -mixed. Make materials and process of manufacturer comply with the full intent of these specifications and ASTM C 94. A ticket, certifying that the materials and quantities thereof, comply with the approved mix design and indicating the time that water was first added to the mix, shall accompany each mixer truck to the job and be turned over to the Superintendent at the job. 1. Mixing Water: 2. Grout: Concrete shall not arrive at the work with, total amount of water incorporated therein. Withhold two and one-half gallons of the predetermined amount of water per cubic yard at the hatching plant, and all or part thereof may be incorporated in the mix, when directed at site, before the concrete is discharged from the mixer. Mix not less than 5 minutes after such water has been added, and not less than 1 minute of this time immediately prior to the discharge of the batch. Total mixing time, 15 minutes after adding original water. Cement grout for use at the beginning of placing concrete on previous cold pour, shall be composed of cement and sand in the same proportions as the regular mix, plus one-half of the amount of coarse aggregate in the regular mix. The materials shall be dry -mixed and sufficient water added to make the mixture flow under its own weight. Grout shall be approximately 2" thick and shall be placed not more than 20 minutes prior to placing the regular mix thereon. 3. Retempered Concrete: Do not use concrete that has stood for over 30 minutes after leaving the mixer, or concrete that is not placed in less than 60 minutes after cement is introduced into the mix. 4. Dry pack: Dry pack or grout, for use under steel members, composed of 114 part Embeco (25 lb. drum), one part Portland cement (1 sack), and one part clean, coarse sand (1 cu. ft.) mixed with sufficient water to comply with recommendations of Master Builders Company. Dry pack or grout at proper level, until voids and spaces are completely filled. After dry pack or composed of one part cement, one part clean, sharp sand, by volume, with only sufficient water added for proper packing consistency. SECTION 0330 - 10 3.6 PRIOR TO PLACING A. Debris: Remove foreign matter accumulated in forms, and rigidly close openings left in formwork, immediately prior to starting concrete placing. B. Reinforcement: Clean embedded metal of oils, mill scale, and other encrustations or coating might reduce the bond of concrete. C. Wetting: Wet wood forms sufficiently to tighten up cracks. Wet other materials sufficiently reduce suction and maintain the workability of the concrete mix. D. Equipment: Thoroughly clean tools used in transporting, placing and consolidating the immediately after each use. E. Inspection: Neat excavations, forms and reinforcements inspected and approved by the Building Department before concrete is placed. 3.7 CONVEYING A. Rapid Handling: Handle concrete from the mixer to the locations of placing, as rapidly as avoiding separation or loss of ingredients and rehandling. B. Transporting Methods: Use carts, wheelbarrow or buggies to deliver concrete to the location of plac Pipes, through, belts, chain buckets or sluices shall not be used to tra concrete after leaving the mixer spout. Alternate methods of transportation may used, if they have been approved by the Architect prior to their use. C. Free Fall: A free fall of more than 5 feet, in placing concrete in carts or forms not permitted. SECTION 0330 - 11 3. S PLACING A. Working Concrete: Thoroughly consolidate concrete and work it around reinforcement and embedded fixtures, and into corners and angles of forms, by spading, rodding, and tamping, to the exclusion of rock pockets, air bubbles, and "honeycombs" and to obtain the required density and strength. B. internal Vibration: Use approved mechanical vibrators, to consolidate each layer with that previously placed, to completely embed reinforcing and fixtures, and to bring fine material to the faces and top surfaces to produce the proper finish. Assign at least one workman at each location where concrete is being placed: to vibrate and consolidate the concrete in forms. Do not leave vibrators in any one spot longer than 30 seconds and keep constantly in motion. Exercise care to avoid over -vibration, causing separation of ingredients. Keep extra standby vibrator at the site. C. Flow Of Concrete: Keep surface of concrete level throughout, with a minimum of concrete allowed to flow from one position to another. Do not place concrete in formed walls, at a rate faster than two feet per hour, vertically. Carry on placing of concrete as a continuous operation until the placing of each involved section or panel is completed. D. Record: Keep a record and make available for inspection at the work, showing the date and time of placing concrete in each portion of the structure. E. Floor Slabs: Shape slab to the slopes, drains and other grades indicated, and accurately pitch or grade to the drainage fittings and fixtures occurring therein. Lower tops of slabs to receive other finishes as indicated. F. Floors On Earth: Place concrete slabs of thickness indicated, over subgrade which has been brought to proper elevation, thoroughly compacted and made ready for concrete and finishing. Submit layout showing location of construction joints and pouring procedure, for the Architect's approval, before placing concrete. For spacing and detailing of construction joints, refer to Structural Drawings. Subgrade shall be moistened immediately prior to placing concrete. Joints shall be located at column center lines. SECTION 0330 - 12 3.9 CONSTRUCTION JOINTS UM M.N.FlUsM Locate construction joints to least impair the strength and appearance of structure. Submit layouts showing location and details of proposed construe joints to the Architect for his approval. This approval shall be obtained a minir of two weeks before forming construction starts. Spacing between construction ji shall not exceed 100 feet unless otherwise noted. B. Vertical Joints In Walls: Make vertical joints in walls with a mortar tight dam and a beveled 2" x 4" key in center of the wall. Stagger joints at least one bay between subsequent placing. Leal the flow surfaces of freshly placed concrete level wherever placing of concrete stopped. C. Contact Surfaces: Keep exposed face of construction joints continuous moist from time of initials t until subsequent placing of concrete against them, but not to exceed the curin period. Clean the contact surfaces thoroughly by chipping the entire surface n4 it earlier than 5 days after the initial placing. As an option, jet wash the surface n t less than 3-112 hours; nor more pose clean aggregate solidly embedded in t ie mortar matrix; remove wash water entirely from the surface. As a second optio , sandblasting to expose aggregate will be permitted. In the event a contact surfac becomes coated with foreign materials of any nature, after being cleaned, chip CT rechip the surface completely, to suitable condition. Before concrete placing is resumed, cover horizontal contact surface with cement grout deposited to a depth of 2", and embed the additional concrete within. 3.10 _CURING AND PROTECTION A. Forms Containing Concrete: Wet thoroughly, including the tops and exposed portions of concrete, and maint in a thoroughly moist condition until the forms are removed,but not less than consecutive days from time of placing concrete. Continuously wet concrete betw the hours of 8 a.m. and sunset each day, including Saturdays, Sundays and Holic for the first 10 days, and most less than 3 times daily for the 4 remaining days. B. Protect exposed surfaces of concrete adequately, from damage due to and the elements. C. Floor slabs cured as specified in Section entitled "Cement Finishing." SECTION 0330 - 13 3. 11 PATCHING Fill rock pockets, "honeycomb", and holes resulting from the removal of the nails, rod and cone ties, separators and core samples, with mortar formed of cement and fine aggregate, in the proportions used in the concrete mix, and "Embeco" in quantity as recommended by the manufacturer, using a pressure gun. Chip away defective areas to solid concrete, forming perpendicular edges or slightly undercut edges. Drench area of patch and surrounding area with water. Brush a thin coat of cement grout onto the base and edges of the patch area. Pack with mortar to within 112" of surface. Finish packing to match surrounding concrete surfaces in color and texture using part white Portland cement where necessary. Remove fine and irregularities in exposed concrete surfaces while concrete is green. Exposed exterior surfaces of Architectural concrete shall be neatly patched, as necessary; irregularities shall be ground smooth, sacked and left perfectly smooth, ready for paint. 3.12 FMHING FORMED SURFACES Immediately following removal of forms, remove fine, laitance, adhering particles of loose material, and foreign matter from the concrete surfaces. Concrete exhibiting "honeycombs",' rock pockets, sand runs, spalls or otherwise damaged surfaces, repaired with dry pack or cement grout, and finished flush with adjoining concrete surfaces. Concrete surfaces that are to remain exposed in the finished work shall have traces of pointing, patching and surface irregularities removed by rubbing and honing with carborundum stones, to produce uniformly smooth surfaces, and wire - brushed, sackwashed and rinsed free from encrustations and foreign matter. 3.13 DEFECTIVE CONCRETE Consider as defective material or faulty workmanship, work that is not formed as indicated, or is not true to alignment, or is not plumb or level, or is not true to grades, slopes and levels, or that has voids or rock pockets, or has sawdust, wood, or debris embedded in it, or does not fully conform to the requirements of the documents or remove and replace with work that conforms with the requirements. 3.14 PROTECTION Take every precaution to protect finished surfaces from stains or abrasions. No fire allowed in direct contact with concrete, and provide adequate protection against injurious action by sun or wind. Fresh concrete thoroughly protected from heavy rains, flowing water, and mechanical injury. 3.15 CLEAN -IIP Upon completion of the work of this Section, and at such other times as necessary, remove surplus and waste material, debris rubbish, equipment and implements from the site and leave the work in a clean, neat and acceptable condition, as approved. *** END OF SECTION *** SECTION 0330 - 14 SECTION 0335 - CONCRETE FINISHING 1.0 GENERAL Requirements of Division 0 and Division 1 apply to work of this Section. 1.1 SCOPE Furnish materials and equipment and perform labor required to execute this woi as indicated on the drawings, specified herein and necessary to complete the work this section, including, but not limited to, the following principal items. A. Performance of all cement finishing, as indicated and specified, complete, ex( only cement and concrete finishing hereinafter specified as being included in sections. B. Include minor items of finish which may not be specifically refeRred to on drawings or in the specifications, but which are manifestly required for the pr( completion and finish of the work of the contract. C. This section of the specifications supplements Section 0330 - Concrete. 1.2 RELATED WORK ;SPECIFIED„ ELSEWHERE A. Installation of compressible expansion joint materials in flatwork: Section 03 Concrete. Installation of expansion joint sealant is included under this Section. B. Miscellaneous Metalwork: Installation of various items of work furnished under this section requires cooperation of the contractors performing the work included under Section 0330 - Concrete and this Section for the installation of cement finish to finish flush, or Lt such relation to these items as may be required by the details or conditions f installation. 1.3 WEATHERSEALINQ AND CAULKING A. Section 0790 - Weathersealing and Caulking forms a part of this section applicable for type and quality of sealant materials and methods of installation. 2.0 PRODUCTS A. Portland Cement: Domestic brand conforming with ASTM C150, Type 11, low alkali same brand I as used under Section 0330 - Concrete . The brand shall not be changed witho t Architect's written approval. SECTION 0335 - 1 B. Aggregates: Stone aggregates complying with ASTM C33, except grading from coarse to fine, passing standard sieves in percent by weight, shall fall within the following limits: Coarse Aggregates Percent Passing Sieve Size 1/2 100 318 95-100 No. 4 40- 60 No. 8 0- 5 Fine Aggregates Siev Size 318 100 No. 4 95-100 No. lb 50- 85 No. 50 10- 30 No. 100 2- 10 C. Non -Slip Abrasive Aggregate: Silicon Carbide grains, 12130 grading, as manufactured by the Carborundum Company, Niagara Falls, New York; Norton Company, Worchester, Massachusetts; or other as approved. Aggregate to impart a sparkling finish. D. Water: Clean, Potable from domestic supply. E. Curing and Protection Paper: Sisalkraft Orange Label or other complying with ASTM C171, as approved by the Architect. Where concrete is exposed, use non -staining paper equal to Sisalkraft "Seekure 205". F. Expansion Joint Sealer for use except where sealants specified under Section 0790 - Weathersealing and Caulking are required: "Igas Joint Sealer", manufactured by Sika Chemical Corporation, P. O. Box 899, Passaic, New Jersey, distributed by Super Concrete Emulsions, Ltd., or other approved by the Architect. G. Curing and Hardening Compound: For use on interior and exterior slabs and cement finish scheduled of indicated on drawings to be left exposed. Material shall contain a fugitive dye. One of the following: 1. "Hunt MD 7D", manufactured by Hunt Process Co., Inc.; apply at rate recommended by manufacturer. SECTION 0335 - 2 2. "Curetox", manufactured by Toch Brothers, Inc. Application shall accordance with manufacturer's printed instructions. 3. Or other as approved by the Architect. 4. Sealers and Special Sealers: As hereinafter specified. H. Miscellaneous Materials: As hereinafter specified. I. Trinity White Cement and limestone aggregate at concrete columns. samples for approval. 3.4 EXECUTION 3.1 FLOATING A. Bring the slabs with monolithic finish, and newly placed topping, using screeds, proper level and strike off with a straightedge. Remove excess water and laitanc Compact by rolling with weighted rollers and by tamping with grid tampers. Fl( with power rotary floating machine. Areas not accessible for power floating by ha using a wood float. Test surface with a 10 ft. straightedge, and eliminate high a low spots of 1/8" or more. Tolerance shall be cumulative. B. Screeds: Of such type and construction, and so spaced and located as to produce surf tolerance specified herein. Screeds shall be continuous type to provide surface a which to drag straigtedges. Refer to related requirements under Concrete Section. 3.2 NON -SLIP TREATMENT A. Apply abrasive aggregate to the surface of the concrete after the first troweli operation at the rates as hereinafter specified. After the second troweling, rub tl surface with pads of steel wool to remove the film of cement on the surface and expose the non -slip aggregate. Except where otherwise indicated, apply on inter and exterior stair landings and at floors for a distance from the risers at least eqt to the width of the stair run, exposed ramps, and where otherwise indicated. B. Stairs and steps which are detailed to have cast abrasive nosings require no abr aggregate on the steps. Treat landings and steps without abrasive nosing with slip abrasive aggregate at the rates hereinafter specified. C. Rates of Application: 1. All areas where non -slip finish is required, except as specified otherwise: lbs. per 100 sq. ft. 2. Exposed cement finished ramps not specified or scheduled to receive finish: 50 lbs. per 100 sq. ft. SECTION 0335 - 3 in to 3.3 STEEL TROWEL FINISH A. Except where otherwise required, finish cement floors with a steel trowel finish, including areas under resilient tile. After the concrete has hardened sufficiently to prevent drawing moisture and fine aggregate to the surface, do the finish troweling in two operations, except floor for grinding to be finished with one troweling. Avoid excessive troweling. First troweling to be done immediately after power floating or when sufficiently hard, using a power rotary trowel. Do not use cement or a mixture of cement and sand spread on the surface to absorb excess water. No water shall be added to facilitate troweling. After the concrete is so hard that mortar does not accumulate on the trowel, the final troweling shall be done. Trowel surface until there is a distinct ringing sound under the trowel and until finished to a smooth, hard, burnished surface. B. "Sweat" Finish: Form a slightly roughened finish texture by a circular lifting motion of the trowel. 3.4 WOOD FLOAT FINISH Use a slight rotary or darbied circular motion. 3.5 BROOMED TEXTURE Where broomed texture is indicated or scheduled, sweep the surface at right angles to the slops or line of travel with a coarse broom to produce a uniform, non-skid finish not over 118" deep. 3.6 COMBED OR RAKED SURFACE Use combed or raked surface for depressed slabs which receive tile floor finish, and delayed topping over hardened concrete, by use of garden rakes or other approved instruments to produce a mechanical bond for the setting bed to follow. 3.7 METAL DIVIDER STRIPS Where finish cement floors finish against floors or other materials and elsewhere as required by the drawings or specifically mentioned in the specifications, set combination screed and divider strip of the type required by the drawings securely fastened in place and protected by temporary wood shores until floor on opposite side is installed. Make tip edge exactly level with the finished surface of adjacent floors or otherwise as required by the drawings. Finish cement flush with screed lip or top of strip as required. SECTION 0335 - 4 3.8 EXPANSION JOINTS A. Set premoulded expansion joint strip below finished surface and install a slight,y tapered, dressed, wood strip, temporarily secured to the top of the expansion and contraction strip. Fill the void formed by the strip with sealant so as to be slighay concave after drying, or recessed, as detailed. Provide joints, curbs and paraptu. Provide sealant as specified under Weathersealing and Caulking Section, or joint filler specified under this section where sealant is not required. Install expansion joints in straight lines, or to true uniform curves where so indicated. B. Pre -Moulded Expansion Joint Material: Furnished and installed under Section 4330 - Concrete. Sealing compound and joi it filler is included under this section. Under no circumstances shall nonbituminoits sealant be installed over expansion joint filler which is treated with asphalt. Su , -h fillers, if installed by mistake, shall be removed, the adjacent surfaces completely cleaned of bituminous materials and replaced with joint filler and sealant as required under Weathersealing and Caulking Section. 3.9 MARKINGS A. At expansion joints and elsewhere as indicated on the drawings provide marld with a rounded edging or markings tool to a 114" radius. In textured work, edge mark with a combination edging and smoothing tool approximately 1-112" wide. B. Where so required by drawings, or where required tooled markings may have inadvertently omitted, provide cut markings sawn into surface of cured con with a diamond abrasive saw. Properly coordinate this work with the work of trades in order to avoid damage adjacent vertical or horizontal surfaces. 1. Unless detailed otherwise, sawn markings shall be 1l8" wide by 314" Location as approved by Architect prior to cutting markings. C. Make marking lines straight, or curved where required by the drawings, equ spaced and parallel to adjacent lines or walls, edges and other construction, and uniform depth and cross section, with intersections accurately formed. 3. 10 BUILT-IN ITEMS A. Set curb angles, anchor inserts, and other items furnished under this or sections; and finish to nosings, floor fixtures and other floor features as indi Adjust cement finish work to properly connect and fit up to other work. Slope to drain. SECTION 0335 - 5 B. Floor drains, yard drains, and frames, and other items furnished and installed under other sections. Finish cement surface flush with rims unless detailed otherwise. 1. Inspection: Exercise particular care with respect to floor drains to ascertain that such items are installed at proper elevations to permit drainage. Should any such items be bound to be installed too high, report condition to General Contractor and Architect for correction before proceeding with concrete work and cement finishing. 3.11 EXPOSED SURFACES Finish exposed surfaces of cast concrete columns and vertical faces of concrete bulkheads by sandblasting 1120th inch Angled edges of bulkhead to be finished smooth. Prior to sandblasting, patch the holes and imperfections and remove fins and projections. 3.12 BASES, CURBS ETC. Provide cement base, splashes, curbs, sills, copings, machine bases and formed thresholds where indicated. Mix: two parts fine aggregate to one part Portland cement with a minimum amount of water to make a relatively dry mixture. Round interior corners as detailed. Form machine and wail cove bases. Shape plinths, thresholds, sills, machine bases, and coping to detail. Finish wall base to screed furnished and set under Lathing and Plastering Section. 3.13 PROTECTION Protect exposed flatwork and cement finish such as sills, formed thresholds, curbs, splashes, machine bases, ledges and copings with such protection as is necessary to Protect work of others from damage by the work of this section, and provide protection of exposed slabs, and slabs which receive applied coatings which require clean, uncoated concrete for proper adhesion, from soiling from foot traffic and subsequent work performed after finishing, with protective paper cover specified herein. Protection shall be maintained in effective condition as long as the need for protection exists. Control the use of water within the building so that no damage to previously installed work or existing structure and finish is permitted to occur. 3.14 DEFECTIVE CEMENT FINISHING Cement finish which is' not true to line and plane, which is not thoroughly troweled and properly surfaced as required, which varies in excess of requirements along a 10 foot straightedge which scuffs or has a rough top surface, except where required, or which does not connect properly to adjoining work, or does not slope to drains or is not properly cured, will be deemed defective. Remove and replace with proper work and material conforming with contract requirements, when so directed by the Architect. SECTION 0335 - 6 ppy3.15 GENERAL REQUIREMENTS A. Finish all surfaces so as to present a uniform appearance throughout the involved, and throughout adjacent areas with the same treatment. B. Where cement finishing occurs adjacent to finish metal or other particularly where serrated or indented surfaces occur, remove all traces of film before allowing to harden. This requirement applies particularly to , stair nosing and similar items. 3.16 SEALER All concrete floors not scheduled to receive floor covering shall be sealed with coats of Elsor "Profill" sealer in strict accordance with manufa recommendations for dust control. ***EN -D OF SECTION*** SECTION 0335 - 7 2.1 MATERIALS A. Slumpstone Concrete Block Units: Grade "N" hollow, lightweight load-bearing concrete masonry units, conforming ASTM C90, of sizes indicated. Units cured by the steam curing process. Maximu linear shrinkage of units shall be 0.08 of 1% from the saturated to oven -i condition. Integral color to match existing. B. Cement: Approve standard brand of Portland cement, conforming to ASTM C150, Type low alkali. Use only one brand. C. Hydrated Lime: Standard brand conforming to ASTM C207, Type S, and containing 85% by of calcium oxide. D. Quicklime: Conform to ASTM C5, and contain 85 % by weight of calcium oxide. E. Aggregates shall conform to ASTM C144. 1. Sand shall consist of fine granular material, composed of hard, durable mineral particles, free from injurious amounts of saline, a] organic or other deleterious. 2. Pea gravel shall be graded with no more than 5 % passing the No. 3 sieve with 100% passing the 3/8" sieve. F. Water: Clean, potable from domestic supply. G. Reinforcing Steel: Intermediate grade conforming to ASTM A615, Grade 40, deformed. H. Integral Waterproofing: Super Concrete Emulsions "Groutaid" in all grout. I. Coloring Pigment: Pure ground mineral oxides, non -fading and alkali -proof. J. Expansion Joint Filler: Compressible filler. SECTION 0422 - 2 SECTION 0422 - CONCRETE BLOCK MASONRY 1.0 GENERAL Requirements of Division 0 and Division 1 apply to work of this Section. 1.1 SCOPE Furnish materials and equipment and perform labor required to execute this work as indicated on the drawings, specified herein and necessary to complete the work of this section, including, but not limited to, the following principal items: A. All slumpstone concrete block masonry; integral color. B. All reinforcing steel for masonry including vertical and horizontal reinforcing and dowels projecting into subsequently placed concrete. C. Expansion joints in masonry work. D. Miscellaneous related work. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Concrete, including dowels installed in concrete placed prior to installation of masonry work for anchorage of masonry. B. Hollow metal doors and frames. C. Masonry waterproof coatings. D. Flashings, reglets and counterflashings. 1.3 WEATHERSEALING AND CAIJLKINC�S Section 0790 - Weathersealing and Caulking forms a part of this Section where applicable for type and quality of weathersealing materials and methods of installation, with the same force and effect as though written in full herein. Provide materials and workmanship conforming in all respects to the requirements of Section 0790 - Weathersealing and Caulkings . 1.4 SAMPLES Duplicate samples of concrete masonry block units proposed for use in the work shall be prepared and submitted for approval in accordance with the related requirements of General Conditions. When required, samples of other materials required under this section shall also be submitted. 2.0 PRODUCTS SECTION 0422 - 1 K. Waterstops: P.V.C. at expansion joint, ribbed center waterstop, Concrete Tie KP370 4M or as approved by Architect. 2.2 MORTAR AND GROUT A. Mortar shall be Type "S", composed (by volume) of one part Portland cement to 3- 1/2 parts sand, to which add 114 part lime putty and, admixture, in the proportion recommended by the manufacturer. Color of mortar, when dry, shall match that Df the masonry material with which it is installed, or as selected by Architect, except where the masonry surface is painted or otherwise covered. 1. Lime Putty: Store and protect lime putty, made from quicklime, for 10 days before use. Store lime putty, made from hydrated lime, for 48 hours before use. Scr n lime putty through a lb mesh sieve. 2. Mixing: Mix water, sand and cement for two minutes; then add lime and the admixture, and mix for ten additional minutes in a mechanically operat batch mixer; a continuous mortar mixer will not be permitted. MakJ to maintain a slump of from 2-1/2" to 3". B. Grout shall be composed (by volume) of one part Portland cement, three parts san , two parts pea gravel to which shall be added 1/10 part hydrated lime and admixtur , as recommended by the manufacturer. Mix as required for mortar, except that tl e amount of water shall be adjusted to make a creamy flow that will not allow gravel to segregate. C. Mortar and grout not used within thirty minutes after leaving mixture shall not permitted on the work. Retempering of mixture will not be allowed. 3.0 EXECUTION 3.1 SCAFFQIXLINQ AND PR TECTION Provide, install and maintain scaffolding, staging and forms of protection ni for execution of the work required, substantially constructed, maintained, and dismantled as necessary to properly follow the sequence of the operation. 3.2 SHORES AND CENTERING Provide and install shores and centering for the work, construct true to requ' shape, size and form, well braced and more rigid in its parts, and capable of supporting and sustaining the loads to which subjected. Shores and centering shall be left in place until the masonry has sufficiently set to safely carry its own wei 3,ht and the added loads of construction. SECTION 0422 - 3 3.3 PLACING REINFORCEMENT A. Reinforcing steel, except dowels in other material, shall be accurately set and placed strictly as shown or noted. In spaces containing reinforcement, except small rods or mesh 1/4" or less in diameter, the clear distance between masonry and the reinforcement shall be at least 1/4". 1. Vertical Bars: Bare continuous from bottom of cell to top of wall; and centered in cells except where otherwise indicated. Where necessary, vertical steel shall be held firmly in place by frames or other suitable devices as approved. 2. Horizontal bars shall be wired temporarily above exact position and tagged to indicate correct location; or calibrated vertical markers may be employed to indicated correct location. Horizontal bars shall be provided where indicated, and wired to vertical bars or dowels. 3.4 PREPARATION A. Previously placed concrete or masonry shall be cleaned of encrustations, laitance, oil and coatings which would reduce bond. Work shall be washed thoroughly with water under pressure; surfaces shall be left damp where masonry units connect with earlier placed work. B. Masonry units shall be thoroughly cleaned of dust, grease, oil or other matter which would reduce bond. C. Wetting: Concrete masonry units shall not be wet before installation. D. Reinforcement: Shall be cleaned of mill scale, loose rust, oil and coatings which would reduce bond, securely anchored in place. E. Approval of methods of placement and fastening of reinforcements shall be obtained prior to start of work. 3.5 WORKMANSHIP A. Erect to preserve unobstructed vertical continuity of cells to be filled. Webs and cross -walls forming such cells full bedded in mortar to prevent leakage of grout. Strike joints around such cells smooth. B. Fractional parts of masonry units not allowed in the work where whole units can be used. The chinking of interstices with fragments will not be allowed. Provide special units as necessary to form openings and lintels. SECTION 0422 - 4 C. Reinforced cells of masonry shall be filled solidly with grout in lifts not exceedin 4 feet in height. Except as the finished course, grout stopped one-half the coude height below the top of the last course grouted. D. No part of any masonry shall be carried more than 6 feet higher than adjoin g portions. E. Where it is absolutely necessary, for construction purposes, to stop off longitud' al runs of masonry, stop off only by racking back one-half unit length in each course, Toothing will not be permitted unless special approval is given. F. Openings for duct, pipes and conduits built into masonry walls. Cutting to form fractional units performed with an abrasive saw. G. Where masonry extends up to contact overhead concrete construction trim units t fit as may be required and finish by dry packing solidly. H. When the possibility of rain occurs, the tops of all walls exposed to the weather, all concrete masonry units, shall be securely covered with sheet of polyethylene or other approved effective forms of protection to prevent absorption of wa Masonry units shall be stored above the ground if the possibility of surface floo exists. 3.6 JOINTS Make joints of uniform thickness, as approved. All joints at exterior shall be toe concave horizontally and cut flush vertically. Interior joints shall be flush. Cut and repoint flush defective joints. Those having holes made by line pins shall repaired as necessary. 3.7 COORDINATION Coordinate masonry work with that of the other trades. Openings and chases heating, plumbing and electrical ducts, pipes and conduits, built into the mass wall as indicated. Provisions made for the installation of bolts, toggles, flay beams, anchors, hangers, nailing strips, wall plugs and frames as necessary. 3.8 BOLTS, ANCHORS, REGLETS Provide or set bolts, anchors, reglets and inserts necessary for the attachment subsequent work and such as is furnished under other sections. 3.9 POINTING AND CLEANING Leave exposed surfaces clean and free of surplus mortar or foreign Exercise care to keep grout and mortar droppings off finished surfaces. 1. Defective Joints: Holes or defective mortar joints, in exposed masonry, shall be pointed where necessary, defective joints cut out and repointed. SECTION 0422 - 5 2. Staining and Excess Mortar: Exposed masonry shall be protected against staining. Where grout or mortar does contact the faces of masonry, it shall be immediately removed. Should accidental spillage occur, wash and clean surfaces immediately. 3. 10 EXPANSION J INTS• OLATERSIQPJ Expansion Joints In Masonry Walls: Cut compressible joint filler to width required to prevent bridging of mortar or grout behind the joint and to establish thickness of sealant at face of walls. Apply sealant in expansion joints in accordance with the requirements of Section 0790 - Weathersealing and Caulking . Place expansion joints where new masonry work meet existing walls. 3.11 CLEAN-UP At the conclusion of masonry work, remove scaffolding and equipment used in the work, clean up debris, refuse and surplus material and remove them from the premises. *** END OF SECTION *** SECTION 0422 - 6 SECTION 0430 - MASONRY WATERPROOFING 1.0 GENERAL Requirements of Division 0 and Division 1 apply to work of this Section. 1.1 SCOPE Furnish materials and equipment and perform labor required to execute this woi as indicated on the drawings, specified here and necessary to complete the work this section, including, but not limited to, the following principal items: A. Waterproofing coating for exterior building masonry above grade. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Caulkings and sealants. B. Masonry. C. Below Grade Waterproofing. 1.3 WARRANTY AND CERTIFICATION A. Required: Written warranty is required from the manufacturer and applicator, jointly I in approved form, warranting this work against defective materials and workmanshp for a period of five years from date of acceptance. B. Upon completion, issue to the Architect a Certificate of Inspection and CompL indicating that the completed work meets all the requirements of specifications and the manufacturer's printed instructions. Certificate shall be s by both the manufacturer and applicator. 1.4 GENERAL REQUIREMENTS A. Field Conditions: Verify drawing dimension with actual field conditions. Inspect related work adjacent surfaces. Report all conditions which prevent proper execution of this v to the Architect. B. Material to be shipped to job site in original sealed containers bea manufacturer's name and product designation and to be left until work is complete C. Store materials under conditions recommended by manufacturer. Do not material stored for periods exceeding their published maximum recommended s life. SECTION 0430 - 1 D. Caulkings of expansion joints shall be done in sequence as specified by masonry waterproofing contractor. 2.0 MATERIALS 2.1 MANUFACTURER AND TYPE A. Chemstop Masonry Waterproofing, and Chemstop Heavy Duty Waterproofing, manufactured by Chemstop Manufacturing Corp, 9920 Flora Vista Avenue, Bellflower, Calif., 90706 (213) 925-5506. B. Rainproof XL 8.8 manufactured by Rainproof Systems Inc., 11631 Van Owen Street, North Hollywood, Calif., 91605 (818) 764-1072. C. White Roc M-6-50 manufactured by Sonneborn - Contech, 2387 Lincoln Avenue, Hayward, Calif., 94543 (415) 889 - 9899. 3.0 EXECUTION 3.1 SURFACE PREPARATION Cure masonry surfaces to receive waterproofing not less than 10 days under normal dry weather conditions. Clean surfaces and have all voids in mortar joints filled and pointed. 3.2 INSPECTION Not less than 72 hours prior to starting work, arrange for material manufacturer's representative to inspect masonry and certify its suitability to receive waterproofing. 3.3 APPLICATION Apply two saturating coats in strict accordance with manufacturer's instructions. Make vertical and horizontal passes to entirely cover and saturate all surfaces from every angle. Pay particular attention to joints. 3.4 PROTECTION Mask surfaces adjacent to the masonry. Repair any damage to adjacent surfaces to the Architect's satisfaction 3.5 WATER TEST A. Twenty days after completion of this work, the applicator, under the manufacturer's supervision, shall test a representative wall area, designated by the Architect. Use a one inch diameter hose and nozzle located ten feet from the wall for a period of four (4) hours. Start hose at an angle to allow water to run down wall to simulate rain condition. Protect adjacent surfaces from overspray. SECTION 0430 - 2 B. Should the inside face of the block wall show traces of moisture, apply another of waterproofing to the entire job at no additional expense to the Owner. *** END OF SECTION *** SECTION 0430 - 3 SECTION 0550 - MISCELLANEOUS METALWORK 1.0 GENERAL Requirements of Division 0 and Division 1 apply to work of this Section. 1.1 SCOPE Furnish materials and equipment and perform labor required to execute this wo3 as indicated on the drawings, specified herein and necessary to complete the work this Section, including, but not limited to, the following principal items: A. Miscellaneous bolts, angles and straps. B. Structural steel connections. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Sheet Metal Work. B. Hollow Metal Doors and Frames. C. Metal Shelving, D. Reinforcing Steel and Mesh. 1.3 SHOP DRAWINGS AND ERECTION DIAGRAMS A. Prior to fabrication, prepare and submit for approval, complete shop drawings erection diagrams as necessary for the work of this section. 1. Improper Revisions: In approving shop drawings and erection diagrams, where revisions are ma( that would cause incorrect fitting of any part or result in insufficient streng for the construction involved, give notice of such fact at once and in writi to the Architect, so that the correction may be modified before the woi involved is started. Failure or neglect to give such notice will place responsibility therefore on the work of this section. 2.0 PRODUCTS 2.1 MATERIALS A. Steel: Conform to ASTM A36 SECTION 0550 - 1 the B. Arc -Welding Electrodes: Conform to the requirements of ASTM A233 Classification E 60XX or 70XX Series as necessary for the conditions of actual use. C. Steel Type: Conforming to Grade B of ASTM A53, with sulfur not to exceed 0.05%. D. Galvanized Process: Conform to ASTM A123. Galvanize after fabrication. E. Machine Bolts: Conform to the requirements of ASTM A307 "Specifications for Low Carbon Steel Externally and Internally Threaded Fasteners". F. Paint Primer One of the following at the Contractor's option. 1. Tnemec #99 Red Metal Primer manufactured by Tnemec Co., Inc., North Kansas City, Missouri. 2. Rust-Oleum X-60 Red Bare Metal Primer of #960 Zinc Chromate Primer manufactured by Rust-Oleum Corp., Evanston, Illinois. 2.2 FABRICATION Before being fabricated or worked, material thoroughly wire brushed cleaned of scale and rust, and straightened by methods that will not injure the steel. Finished members shall be free from twists, bends and joints when erected. 2.3 WORKMANSHIP Equal to the best of standard practices in modern structural shops conform to the applicable provisions contained in the "Code of Standard Practice" of the American. Institute of Steel Construction. Structural steel, both in shop and field, transported, handled and erected to preclude injury thereto, and in no case shall it be subject to undue stress in any part or connection. 2.4 DETAIL OF CONNECTIONS Except where otherwise indicated, shop connections shall be standard riveted or bolted connections made in accordance with the standards of practice of the American Institute of Steel Construction. Welded or bolted connections shall be used in the field as indicated. SECTION 0550 - 2 2.5 GAS CUTTING Use of cutting torch will be allowed where the metal being cut is not carrying & during the operation, and provide stresses will not be transmitted through a fla cut surface. Gas cuts shall be smooth and regular in contour. To determine effective width of members so cut, 1/8" shall be deducted from the width of the cut edges. The radius of re-entrant gas -cut fillets shall be as large as practicable, in no case less than one inch. 2.6 PUNCHING AND DRILLING Materials may be punched 1/16" larger than the nominal diameter of the b Finished holes shall be precisely located to insure passage of bolt through assemb. materials without drifting. Enlargement of holes necessary to receive bolt shall done by reaming. Poor matching of holes will be sufficient cause for rejection. 2.7 WELDING Connections as indicated shall be welded. Structural welding shall be done by tf e direct electric -arc process. Operators shall be thoroughly trained and experienced i arc welding of structures capable of making uniformly reliable butt and fillet web s in flat vertical and overhead positions, and of producing neat, consistent work n actual operation, and shall be certified as prescribed by the American Weldin Society. 2.8 SHOP PRIME COAT A. Miscellaneous ferrous metalwork shall be properly cleaned and prepared painting in compliance with the manufacturer's requirements and given one sha coat of the type specified. Thoroughly and completely cover all exposed surfaces well as surfaces concealed after assembly. Apply paint by brush or spray gun, as I adapted to the paint material and surface conditions. Allow paint to become dry an hard before handling. Paint all items except those specified not to be painted. 1- Apply primer to 1 mil minimum dry coat thickness and touch up installation and leave in proper condition to receive finish coats by Pain Contractor under Section 0990 - Painting . B. Shop Primer coat will not be required do the following items: 1. Galvanized surfaces, unless paint finish should be specified under specified items. 2. Non-ferrous metalwork, unless specified otherwise. 2.9 GALVANIZING A. Where so specified, galvanize ferrous metalwork items by the hot dip conforming to ASTM A 123. SECTION 0550 - 3 B. Average weight of zinc coating per square foot of actual surface: Not less than 2.0 ounces with not individual specimen showing less than 1.8 ounces. (One oz. of zinc corresponds to a coating thickness of 0.0017".) 3.0 EXECUTION 3.1 FIELD MEASUREMENTS Before starting work, secure field measurements pertaining to or affecting the work of this section, and verify the locations and exact positions of anchor bolts. 3.2 COOPERATION Actively cooperate with others engaged on the work and provide punching and drillings indicated or necessary for the securement of work of other trades. 3.3 ERECTION Structural steel shall be erected using professional riggers and shall be carefully planned and laid out so that a minimum of cutting shall be necessary. The work shall be erected plumb, square, and true to line and level, and in precise positions as indicated. Temporary bracing and guys shall be introduced wherever necessary to provide for loads and stresses to which the structure may be subjected, including those due to erection equipment and their operation, and shall be left in place as long as it may be necessary for safeguarding all parts of the work. 3.4 ANCHOR BOLTS Provide anchor bolts to be embedded in the concrete for the securing of structural steel in proper position. Provide the necessary templates and diagrams for the setting of anchor bolts in the concrete forms, and be jointly responsible with the concrete work for the proper locating and installing of bolts, and make good any deficiencies and errors. Setting of anchor bolts in existing concrete work shall be made in suitable drilled holes solidly drypacked in place, using Embeco mix. 3.5 DRY PACKING AND R UTIN OF BASES AND PLATES Be responsible for maintaining bases and bearing plates in proper location and in proper level while they are being dry packed or grouted by others. Steel members, column bases and plates bearing on concrete shall be solidly dry -packed or grouted in place, using Embeco mix. Dry -packed or gout necessary for the completion of the structural steel installation shall be a responsibility under Concrete and Cement Finishing Sections. 3.6 DESCRIPTIONS All items of miscellaneous metal and related parts are not necessarily individually described. The most important and requiring detailed description are usually mentioned. Provide all other work as indicated on the drawings or necessary to complete the contract, except for items which may be specifically excluded from the work of this section. SECTION 0550 - 4 3.7 BUILT-IN ANCHORAGE Provide bolts, eyebolts, dowels, anchors, plates, inserts and other miscellaneci steel or iron fastenings that are to be installed in forms before concrete pouring, o built into masonry, as indicated on the drawings and as may be required to complem. the work. Examine and check the drawings and the requirements for the numbe , type and location of such items. *** END OF SECTION *** SECTION 0550 - 5 SECTIQN 0610 - CARPENTRY AND MILLWORK 1.0 GENERAL. Requirements of Division 0 and Division 1 apply to work of this section. 1.1 :SCOPE Furnish materials and equipment and perform labor required to execute this worl as indicated on the drawings, specified herein and necessary to complete the work this section, including, but not limited to, the following principal items: A. Wood framing. B. Finish carpentry. C. Millwork, in place. D. Installation of wood doors and finish hardware. E. Wood shelving, etc. as indicated on the plans. F. Plastic laminate and millwork. G. Stockroom metal shelving frames (see Section 1350 - Metal Shelving Frames). H. Install shelves for metal frames specified in Section 1350 - Metal Shelving F Shelving shall be 314" particle board or 314" plywood. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Concrete forms. B. Gypsum drywall construction. C. Furnishing wood doors and frames for installation under this Section. D. Furnishing finish hardware for installation under this Section. E. Finish painting of woodwork. F. Building insulation. G. Metal shelving. 2.0 PRODUCTS SECTION 0610 - 1 2.1 MATERIALS A. Rough Carpentry: 1. Douglas Fir: Graded and grade -marked to "Standard Grading Rules for West Coast Lumber", No. 16, latest edition, published by West Coast Lumber Inspection Bureau, grades as hereinafter specified or required by the drawings. trade- mark shall bear a the symbol of an approved grading agency. (a) Framing Lumber: Refer to drawings (b) Lumber In Contact With Concrete: "No. 2" Grade redwood. `-r •fr Graded and grade -marked according to "Standard Specifications for Grades of California Redwood Lumber", issued by the California Redwood Association, grades as hereinafter specified or required by drawings. 3. Plywood: 4. Bolts: S. Nails: (a) Lumber in contact with concrete for use in lieu of pressure -treated Douglas Fir specified above. Type as indicated on drawings. In compliance with ASTM A307, Grade A. All heads and nuts bearing on wood shall be fitted with galvanized washers. Sizes, types and materials as indicated on the drawings and as required. 6. Provide miscellaneous materials as may be hereinafter specified or required by the drawings. 7. Lumber Seasoning: Lumber shall by dry and well seasoned, and the moisture content shall not exceed 19%. All lumber shall be air -seasoned not less than thirty days before being covered with finishing materials. SECTION 0610 - 2 B. Finish Carpentry And Millwork: 1. Hardwood Lumber And Veneer: Manufactured and graded in accordance with "Rules for the Measur and Inspection of Hardwood Lumber, Cypress, Veneers and Thin Lu of the National Hardwood Lumber Association. Veneer rotary cut or cut with maximum width of pieces. All veneer glued with highly resistant glue. (a) Species And Grade For Natural Finish: Good grade natural Birch, selected for color. (Refer to drawings). (b) Species And Grade For Paint Finish: Paint grade birch veneer be standard thickness rotary cut. 2. Hardwood Plywood: Manufactured and graded in compliance with U.S. Commercial Standard 35-61, including latest revisions. Veneer species and grade as specified ab 3. Waterproof Glue: Polyvinyl emulsion with 55 % solids. "Wilhold" manufactured by A cor Adhesives; "Weldwood" manufactured by U.S. Plywood, or other approvec by Architect. 4. Plastic Laminates: Standard Grade, satin finish, melamine plastic laminate surfacing, 1/16" thick, complying with requirements of NEMA Standard LP 2- 1951, or la st edition. Use postforming grade where required by the drawing detzils thickness 0.051" + 0.004". Color and pattern as designated by the Architec . (a) Approved Manufacturers Or Trade Names: Formica Micarta Textolite Nevamar Or other as approved by the Architect. 5. Seasoning And Moisture Content: (a) Finish Lumber: Thoroughly kiln -dried, moisture content 7% to 14% for exterior and 5 % to 12 % for interior use, at job site just prior to installation. 6. Cabinet Finish Hardware: (a) Submit finish hardware literature to Architect for approval. SECTION 0610 - 3 3.0 EXECUTION 3.1 VERIFICATION QF DIMENSION A. Verify dimensions from the job when fabricated materials, cabinets etc., are required to conform to, and fit, adjacent walls, ceiling and building surfaces. B. Verify dimensions of materials and equipment furnished under sections of the specifications for installation in cabinet and casework and provide proper facilities for installation of same. 3.2 ROUGH CARPENTRY IN TALLATION Workmanship: Entire work of this section shall be performed by experienced, well qualified craftsman, in accordance with the best standards of practice relating to the trade. All lumber shall be accurately saw -cut and fitted into the respective locations, true to line, grade and level, as indicated or required, and permanently secured in proper position with spikes, nails, lag screws, bolts, hangers, or other fastening to render the same substantial and rigid in all parts and connections. 3.3 FINISH CARPENTRY INSTALLATION A. Work shall be performed by experienced, well qualified craftsman, in accordance with the best standards of practice relating to the trade. Accurately fit material into the respective locations. B. Finish Woodwork And Shelving: Shall comply as a minimum requirement with standards for "Custom" grade of the Manual of Millwork, latest edition, belt -sanded at mill and hand -sanded prior to erection. Finish free from open joints, hammer and machine marks, structural defects and surface blemishes. Wherever practicable, means of fastening various parts and members together shall be concealed. Where surface nailing is unavoidable, nails shall be neatly set for putty stopping. All wood finish shall be done by skilled mechanics, true to detail with all arises in finished work slightly rounded by sanding. 3.4 INSTALLATION OF WOOD DOORS AND FRAMES AND FINISH HARDWARE A. Install items complete with all finish hardware and leave in proper operating condition. Doors shall operate freely, but not loosely, without sticking or binding. B. Prior to starting installation, inspect hollow metal jambs to receive wood doors. Report any unsatisfactory corrections and make arrangement for satisfactory correction of defective workmanship that might adversely affect installation. Starting of door installation shall imply acceptance of frames as in satisfactory condition. C. Surface Mounted Hardware: Drill pilot holes for all screws. Holes shall be accurately and neatly made from templates and/or the finish hardware, furnished by hardware supplier. Screws in labeled fire doors shall be self -tapping, full thread sheet metal screws. *** END OF SECTION *** SECTION 0610 - 4 SE ON 0720 - BUILDING INSULATION 1.0 GENERAL Requirements of Division 0 and Division 1 apply to work of this Section. 1.1 SCOPE Furnish materials and equipment and perforrn labor required to execute this worl as indicated on the drawings, specified herein and necessary to complete the work i this section, including, but not limited to, the following principal items: A. Thermal insulation in roof area. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Plumbing Insulation. 1.3 DELIVERY AND STORAGE Deliver materials to job in manufacturer's original unbroken containers bearing name of the manufacturer and the brand. 2.0 PRODUCTS 2.1 COMPLIANCE Building insulation is to comply to State and local energy codes. 2.2 MATERIALS A. Roof Insulation: Insulation shall be 3" thick, nailable base type building insulation. Closed polyisocyanurate foam core with bonded waferboard nailbase on top and r asphaltic fiber glass mat on bottom as manufactured by Manville or Arch - approved equal and complying with Federal Specification HH-I-1972/Gen, and E 11972/3, Type III, Class A (R-22). B. Nails, nailers, or other devises for anchoring insulation, shall be approved furnished by the insulation manufacturer, or shall be of type recommended by insulation manufacturer and approved by the Architect. 2.3 PRODUCT LITERATURE Submit product literature of each type of insulation to the architect for All material shall be stamped or printed with manufacturer's name and l grade, type and number. 3.0 EXECUTION SECTION 0720 - 1 3.1 INSTALLATION Install insulation boards in accordance with the manufacturers recommendations. 3.2 CLEAN-UP Upon completion of insulation work, remove implements of service, tools and excess material, rubbish and debris and leave the entire building in a clean, acceptable manner. *** END OF SECTION *** SECTION 0720 - 2 ECTI N 0732 - CONCRETE ROOFING TIL 1.0 GENERAL Requirements of Division 0 Division 1 apply to work of this Section. 1.1 SCOPE Furnish materials and equipment and perform labor required to execute this worl as indicated on the drawings, specified herein and necessary to complete the work this section, including, but not limited to, the following principal items: A. Roofing tiles over wood deck. B. Roof base flashing. C. Felt underlayment D. Batten boards 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Sheet metal work. B. Flashing of plumbing vents. 1.3 GENERAL REQUIREMENTS A. All work in this section shall only be done in dry weather. All deck surfaces shall be dry before application of roofing. B. Surfaces shall be smooth, dry and swept clean and free from dust, debris and other loose materials. C. Roof Deck and other construction adjoining or affecting the work of this sections shall be examined before any work is started, and the Architect shall be notified i writing of any defects which would be detrimental to the roofing work. the application of roofing materials to the roof deck surfaces shall be considered acceptance of the roof surfaces by the Contractor. Entire roof assembly shall b complete and watertight. D. The work in this section shall include the supervision of the installation of me flashings in connection with roofing work and which are specifier) to be furnish and installed under "Sheet Metal" section. The Contractor shall include e guarantee connections between sheet metal work and roofing work. E. Drainage fittings, connections, metal aprons, metal edgings, flashings counterflashing, collars and sleeves for pipes passing through the roof and m, overflows shall be properly set, or shall be on the job if they are to be built roofing assembly. SECTION 0732 - 1 F. Manufacturer's Certification: Submit manufacturer's letter of certification that the roof assembly specified herein is acceptable for application over substrate and qualifies for a guarantee as listed in the manufacturer's specifications. This is to be a twenty (20) year bondable roof. 2.0 PRODUCTS 2.1 General All material shall conform with the following requirements and shall be of new stock of the highest grade available, free from defects and imperfections, of recent manufacture and unused. 2.2 MATERIALS A. Tiles: Type, style, file size, and color shall match that of the existing roof tile material exactly. B. Accessories: 1. Roofing felt: Nail -on system meeting ASTM D-224-81, Type I, asphalt saturated organic, non -perforated felts. 30# per square minimum. 2. Wood battens: 1" x 2" nominal, 8'-0" long, pressure treated. 3. Flashings: Galvanized iron as specified in Section 0760 - Sheet Metal Work. 4. Hoidown clips: Manufacturers standard type for installation indicated. 5. Fasteners: (a) 10d non -corrosive angular threaded nails as recommended by tile manufacturer for conditions encountered. (b) Large head galvanized roofing nails for roofing felts. (c) 6d non -corrosive nails for battens. 3.0 EXECUTION 3.1 PREPARATION All work shall be in accordance with the manufacturer's application specifications and the following: SECTION 0732 - 2 A. Protection: Take precautions to prevent injury to persons and damage to property below area during work work specified in this Section. Storing tile on the roof unless for immediate installation is prohibited. B. Surface Protection: Sweep debris from roof deck, drive all roof sheathing nails flush with sheathing. 3.2 APPLICATION A. Roofing felt: Install with 2-112" horizontal and 6" vertical laps; apply shingle fashion with course at low portion of roof, working upward. Fasten all edges with large galvanized nails at 6" o.c. B. Flashing: Line valleys with specified flashing and install and seal all required roof flashing in accordance with file manufacturers installation instructions. C. Battens: Fasten over roof felt at spacing required by roof file manufacturers instructions. D. Roofing tile: Apply roofing file in accordance with manufacturers approved product data installation instructions for a nail -on system. Install tiles in areas shown on dra: complete with special shapes. Use silicone sealant to bed tiles where recommei by manufacturer. Fasten tiles with non -corrosive nails where required. E. Cut roof tiles with abrasive power saw or wet cut with power saw. Lay out unity to minimize cutting. Use of units less than half of original length is prohibited. 3.3 FIELD QUALITY CONTROL Manufacturers field service: Inspect roofing installation; verify proper for warranty issuance. 3.4 CLEANUP Remove debris resulting from this work at the completion of the roofing w Follow tile manufacturers written precautions not to damage roofing tiles duration of the work. *** END OF SECTION *** SECTION 0732 - 3 SECTION 0732 - CONCRETE ROOFING TILES 1.0 GENERAL Requirements of Division 0 Division 1 apply to work of this Section. 1.1 SCOPE Furnish materials and equipment and perform labor required to execute this woi as indicated on the drawings, specified herein and necessary to complete the work this section, including, but not limited to, the following principal items: A. Roofing tiles over wood deck. B. Roof base flashing. C. Felt underlayment D. Batten boards 1.2 RELATED W RK SPECIFIED ELSEWHERE A. Sheet metal work. B. Flashing of plumbing vents. 1.3 GENERAL REQUIREMENTS A. All work in this section shall only be done in dry weather. All deck surfaces shall be dry before application of roofing. B. Surfaces shall be smooth, dry and swept clean and free from dust, debris and oth r loose materials. C. Roof Deck and other construction adjoining or affecting the work of this sectior s shall be examined before any work is started, and the Architect shall be notified in writing of any defects which would be detrimental to the roofing work. the application of roofing materials to the roof deck surfaces shall be considered as acceptance of the roof surfaces by the Contractor. Entire roof assembly shall be complete and watertight. D. The work in this seciton shall include the supervision of the installation of me flashings in connection with roofing work and which are specified to be furnish and installed under "Sheet Metal" section. The Contractor shall include tie guarantee connections between sheet metal work and roofing work. E. Drainage fittings, connections, metal aprons, metal edgings, flashings and counterflashing, collars and sleeves for pipes passing through the roof and me overflows shall be properly set, or shall be on the job if they are to be built i to roofing assembly. SECTION 0732 - 1 F. Manufacturer's Certification: Submit manufacturer's letter of certification that the roof assembly specified herein is acceptable for application over substrate and qualifies for a guarantee as listed in the manufacturer's specifications. This is to be a twenty (20) year bondable roof. 2.0 PRODUCTS 2.1 General All material shall conform with the following requirements and shall be of new stock of the highest grade available, free from defects and imperfections, of recent manufacture and unused. 2.2 MATERIALS A. Tiles: Type, style, file size, and color shall match that of the existing roof file material exactly. B. Accessories: 1. Roofing felt: Nail -on system meeting ASTM D-224-81, Type I, asphalt saturated organic, non -perforated felts. 30# per square minimum. 2. Wood battens: 1" x 2" nominal, 8'-0" long, pressure treated. 3. Flashings: Galvanized iron as specified in Section 0760 - Sheet Metal Work. 4. Holdown clips: Manufacturers standard type for installation indicated. 5. Fasteners: (a) 10d non -corrosive angular threaded nails as recommended by file manufacturer for conditions encountered. (b) Large head galvanized roofing nails for roofing felts. (c) 6d non -corrosive nails for battens. 3.0 EXECUTION 3.1 PREPARATION All work shall be in accordance with the manufacturer's application specifications and the following: SECTION 0732 - 2 A. Protection: Take precautions to prevent injury to persons and damage to property below area during work work specified in this Section. Storing file on the roof unless for immediate installation is prohibited. B. Surface Protection: Sweep debris from roof deck, drive all roof sheathing nails flush with sheathing. 3.2 APPLICATION A. Roofing felt: Install with 2-1/2" horizontal and 6" vertical laps; apply shingle fashion with course at low portion of roof, working upward. Fasten all edges with large galvanized nails at 6" o.c. B. Flashing: Line valleys with specified flashing and install and seal all required roof flashing in accordance with file manufacturers installation instructions. C. Battens: Fasten over roof felt at spacing required by roof tile menufacturers i instructions. D. Roofing tile: Apply roofing file in accordance with manufacturers approved product data installation instructions for a nail -on system. Install tiles in areas shown on dra: complete with special shapes. Use silicone sealant to bed tiles where recommei by manufacturer. Fasten tiles with non -corrosive nails where required. E. Cut roof tiles with abrasive power saw or wet cut with power saw. Lay out Unit to minimize cutting. Use of units less than half of original length is prohibited. 3.3 FIELD QUALITY CONTROL Manufacturers field service: Inspect roofing installation; verify proper for warranty issuance. 3.4 CLEAN UP Remove debris resulting from this work at the completion of the roofing w Follow file manufacturers written precautions not to damage roofing tiles duration of the work. *** END OF SECTION *** SECTION 0732 - 3 SECTION 07LO - SHEET METAL ,WORK 1.0 GENERAL Requirements of Division 0 of Division 1 apply to work of this Section. 1.1 SCO Furnish materials and equipment and perform labor required to execute this woi as indicated on the drawings, specified herein and necessary to complete the work this section, including, but not limited to, the following principal items: (If indic, on the plans). A. Flashing-counterflashing. B. Louvers. C. Miscellaneous related items. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Roofing. B. Finish painting, including field applied prime coat on galvanized metalwork. C. Plumbing and roof vents. D. Miscellaneous metalwork. E. Hollow metal doors and frames. 1.3 SHOP DRAWINGS Prepare and submit shop drawings in compliance with related requirements of general conditions. 2.0 PRODUCTS 2.1 MATERIALS A. Galvanized Sheet Metal: Standard brand of commercial quality steel complying ASTM A526, and ASTM A525. 1. Gauge: As hereinafter specified for specified items or as noted on the draw Unless a lighter gauge is specified, minimum gauge shall be #24. SECTION 0760 - 1 B. Sheet Metal Fastening: Rivets, nails, sheet metal screws, machine screws, self -tapping screws, and stove bolts, of the type and size best adapted to the conditions of use. 2.2 FABRICATION AND ASSEMBLY A. Except as specified herein and detailed on the drawings, the methods of fabrication, assembly and installation shall be the responsibility of the Contractor. B. All metalwork and all finishes shall be first class in all particulars in accordance with best trade practices with all joints and corners accurately machined, filed and fitted, and rigidly framed together and connected. All components shall be carefully matched to produce perfect continuity of line and design. Joints and connections in exterior face metal shall be made watertight, using the specified scaling materials and for methods of assembly. Face of metal in contact shall have hairline joints, except as otherwise indicated or required for expansion or fitting. All fastenings shall be concealed, except as otherwise indicated and approved. C. Reinforcement shall be wholly concealed within the finished assembly. D. Reglets shall be taped or filled with removable filler to prevent intrusion of mortar or concrete. 3.0 EXECUTION 3.1 EXPANSION AND CONTRACTION A. Sheet metal work shall be formed, fabricated and installed to adequately provided for thermal expansion and contraction and building movement in the completed work, without over- stressing the material, breaking connections, of producing wrinkles and distortion in finished surfaces. Sheet metal work shall finish water and weather -tight throughout. B. Where subject thermal expansion and contraction, attach members with clips to permit movement without damage to the installation, or provide slotted or over -size holes with washers where appearance is not critical, as approved by the Architect. C. Lock seam work shall be made flat and true to line and sweated full of solder except where installed to permit expansion and contraction, Flat lock seams, and lap seams where soldered, shall lap according to pitch, but in no case less than 3". Seams shall be made in direction of flow. 3.2 SOLDERING A. Material shall be thoroughly cleaned and tinned prior to soldering. Soldering shall be done with heavy coppers of blunt design, properly tinned before use. Soldering shall be done slowly with well heated coppers, heating and seams thoroughly and completely filling them with solder. Exposed soldering with finish surfaces shall be neatly made full flowing and smooth. Acid flux shall be thoroughly washed with a soda solution after soldering and all soldering flux on exposed surfaces and painted surfaces shall be completely removed. SECTION 0760 - 2 B. Where unpainted sheet metal is installed in exposed locations, exercise part care to see that no solder is allowed to remain on exposed surfaces. In case re is required, the cleaned surfaces shall be refinished to match adjacent surfaces. *** END OF SECTION *** SECTION 0760 - 3 SECTION 0790 - WEATHERSEALING AND CAULKING 1.0 GENERAL Requirements of Division 0 and Division 1 apply to work of this Section 1.1 SCOPE Furnish material and equipment and perform labor required to execute the work indicated on the drawings, specified herein necessary to complete the work of section. A. This section contains general specifications pertaining to all weathersealing and/of caulking throughout the project, and become a part of all sections contain g reference to this Section, or where materials of the types specified in this Sectii n are required by the drawings with the same force and effect as if written in full in each section. B. Specific requirements which may be contained in the various trade sections mall reference to this Section shall supersede general or conflicting requirements of tl Section. 1.2 WARRANTY Weathersealing and caulking shall be warranted against all defects of and/or application for a period of five years after date of acceptance. Any that may occur within this warranty period, due to defective application materials shall, upon written notification of such failure, be repaired or i with proper materials and/or labor as approved by the Architect, at no adz cost to the Owner. 1.3 DELIVERY OF MATERIALS Deliver materials to the job in original unopened containers bearing name and product designation. 1.4 MANUFACTURER'S INSTRUCTIONS Material specified herein shall be installed in compliance with instructions. 2.0 PRODUCTS SECTION 0790 - 1 .;s 2.1 MATERIALS Sealants of the following types and manufacturer's shall be used. Unless specified or directed otherwise by the Architect, exposed materials shall match color of adjacent materials. Where adjacent material on each side of the joint are of different colors, the sealant color shall be as directed by the Architect. The Architect reserves the right to select colors from the ranges specified for each type of material. The non availability of a specified and designated color in conjunction with any manufacturer's product requires that the Contractor provide a product of other manufacture in which the designated color is available. 2.2 INCIDENTAL MATERIALS A. Staining characteristics: All joint filler, primers, or other materials used in conjunction with sealants be of such composition as to not cause staining of the sealant and/or the material to which they are applied. B. Compressible joint filler: Shall be Dow Ethafoam distributed by C.R. Laurence Co., Inc. (213) 627-0071. C. Primers: As recommended by the sealant manufacturer for use in conjunction with the sealant for application onto the various types of materials to which the sealant is applied. D. Cleaners, where required by manufacturer's instructions in lieu of primers, shall be of the type and kind recommended by the manufacturer. 2.3 MATERIAL TYPES A. Type #1 - one part polysulfide, Thiokol seal, TTS00230C. 1. Uniparmastic, manufactured Parr, Inc. and distributed by C.R. Laurence Co., Inc. (213) 627-0071. 2. PTI 747, Protective Treatments of Dayton, Ohio. B. Type #2 - two part polysulfide, Thiokol seal, TTS00227D. 1. Parmastic, manufactured by Parr, Inc. and distributed by C.R. Laurence Co., Inc., (213) 627-0071. 2. PTI 748, manufactured by Protective Treatments of Dayton, Ohio. 3. Presstite 1175, Inmont Chemical of Anaheim, California. SECTION 0790 - 2 C. Type #3 - one part silicone sealant, TTS 1543. 1. General Electric 1200 Non -painting distributed by C.R. Laurence Co., I (213) 627-0071. General Electric 1300 Paintable distributed by C.R. Laurence Co., (213) 6 7- 2. 0071. 3. Dow Corning 780, Dow Chemical, Midland, Michigan, D. Type #4 - two part silicone. 1. General Electrical 1600 distributed by C.R. Laurence Co., Inc., (213)Q27- 0071. E. Type #5 - acoustical caulking compound, non -staining and non-drying. 1. Soundcaulk 101 manufactured by Parr, Inc., and distributed by. R. Laurence Co., Inc., (213) 627-0071. 2. CRL, Inc. 583 Non Dry, 1940 E. Gage, Los Angeles, California (213)�83- 0075. F. Type #6 - Latex acrylic caulk. 1. Parr Latex Caulk, manufactured by Parr, Inc., and distributed by R. Laurence Co., (213) 627-0071. 2. CRL, Inc. 683, 1940 E. Gage, Los Angeles, California (213) 583-0075. G. Type #7 - Butyl glazing tape. 1. PTI 303 manufactured by Protective Treatments, Dayton, Ohio. 2. Alumilastic Tape, manufactured by Parr, Inc., and distributed by �.R. Laurence Co., 720 Mateo St., Los Angeles, California (213) 627-0071. 3.0 EXECUTION 3.1 APPLICATION Joint filler shall be accurately positioned within the joint to establish and control A. uniform designated thickness of sealant. B. Apply material with sufficient pressure to completely fill the void space and assure complete wetting of contact area to obtain uniform adhesion_ Duz application, keep tip of nozzle at bottom of joint, forcing sealant to fill from bott to top. Finish joints smooth and flush with adjacent surface unless detailed to finished below the surface. C. Joint preparation, including cleaning and priming, to be performed in with manufacturer's instructions. *** END OF SECTION *** SECTION 0790 - 3 SE TION 081 - H LLOW METAL DQORS AND FRAMES 1.0 GENERAL Requirements of Division 0 and Division 1 apply to work of this Section. 1.1 SCOPE Furnish material and equipment and perform labor required to execute this work indicated on the drawings, specified herein and necessary to complete the work this section, including but not limited to, the following principal items: A. Hollow metal doors. B. Hollow metal frames. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Furnish finish hardware. B. Installation of finish hardware on wood doors installed in hollow metal frames. C. Finish painting. D. Vertical Rolling door. 1.3 COORDINATION„ OF WORK Properly coordinate with the supplier of finish hardware and with the supplier wood doors to be installed in hollow metal frames. Templates will be furnished the hardware supplier for use in the preparation of shop drawings and for prof mortising and reinforcement of frames. 1.4 FRAME SCHEDULE A. Submit five (5) copies of a door and frame schedule to the Architect for prior to fabrication. B. After shop drawings have been approved, furnish two copies of the approved schedule to the supplier of wood doors to be installed in hollow metal fi Frame schedule shall include locations of all mortises for hardware measured the top of the opening. Promptly forward changes required in metal fabrication of dimensioning to the wood door supplier. 1. Approved frame schedule shall be furnished to the door manufactured later than 30 days after award of Contractor. SECTION 0810 - 1 1.5 SHIPPING, HANDLING AND STORING Accomplish in manner to prevent damage. Store doors under cover and off ground. Doors with dents or other defects not repairable will be rejected. 2.0 PRODUCTS 2.1 MATERIALS AND CONSMCTION A. General: Hollow metal doors and frames shall conform to CS 242 as minimum requirements, plus additional requirements specified herein. B. Sheet steel: Cold -rolled or hot -rolled steel sheets, pickled and oiled, or electrolytic zinc coated and phosphatized. C. Workmanship: Shop fabrication to required sizes and shapes. Form and weld with straight arises, edges and corners; surfaces free from warp. Wave, buckle, dents, or other defects are not acceptable. Welding shall conform with applicable standards of AWS for high grade hollow metal work. D. Door construction: 1. Flush doors, 1-314" thick, 18 -gauge steel force sheets over stiffeners; faces free of seams or joints. close top and bottom edges by welding flush or with recessed 18 gauge spot welded channels, weatherproof top edge of doors opening out. Turn face sheets over vertical edges of doors and mechanically interlock, or weld to 18 -gauge vertical edge channels. Stiffen doors by one of the following: (a) Vertical stiffeners, 20 -gage steel full height of doors, 6" o.c. spot welded to inside of both face sheets. (b) Combination of vertical and horizontal stiffeners, 18 -gage steel, weld to inside of both face sheets. (c) Continuous truss type inner core 28 -gage stiffeners, spot weld to both face sheets at 3" o.c. horizontally and vertically. (d) Water-resistant resin impregnated kraft honey -comb core stiffener laminated to both face sheets with water-resistant adhesive. 2. Insulation: Provide door manufacturer's standard sound -deadened material on door interior to effectively reduce metallic ring. SECTION 0810 - 2 3. Hardware reinforcements: Mortise, cope out, reinforce, drill and tap for mortise or unit type hardw in accordance with paper templates or the physical hard, Reinforcements shall be no less than 12 -gage deformed channels or 10-ga reinforcements plates for butts, 12 -gage for Bock and latchsets, and no 1 and tapping for surface applied hardware shall be done in the field. E. Frame construction: 1. Manufacturer's standard pressed metal frames, 16 -gage minimum. sectional profile shall closely match that shown, depth to suit wall thi 2. Use the welded type frames with header and jambs secured at corners y internal welding of faces, or be welded splice plates, and further secured at webs by welding or mechanical interlock, with exposed joint neat and tight 3. Provide temporary metal spreaders at bottom of frames to maintain rigidity. 4. Anchors: Provide a minimum of 3 anchors per jamb, manufacturer's standard type, securely fasten frames to wall construction involved (wire anchors acceptable); also provide adjustable floor anchor at bottom of each jam! Provide 2 anchors at head of frames exceeding 42" in width. Anchors sl provide stiffness and rigidity to keep frame square, in accurate posit without twisting, buckling or warping. Anchors for labeled frames comply with U.L. requirements. 5. Hardware reinforcements: IN Mortise, reinforce, drill and tap for mortise or unit type hardware in accordance with paper templates or the physical hardware. (a) Reinforcements for butts shall be not less than 12 -gage deform channel steel or not less than 10 -gage reinforcing plates. (b) Reinforcements for lock strikes, closers or brackets shall be not 1 ss than 12 -gage steel. (c) Reinforcements for other surface applied hardware shall be not less than 14 -gage steel. rilling and tapping for surface applied hardware shall be done in the field. (d) Where frames are installed in masonry walls, provide steel mo guards over mortised hardware reinforcements. F. Shop finish: 1. After fabrication, chemically treat frames for food paint adhesion and one complete coat of high quality metal primer to both faces of frame. SECTION 0810 - 3 3.0 EXECUTION 3.1 VERIFICATION OF CONDITI NS Verify conditions affecting work. Obtain accurate dimensions of door openings, include floor elevations, ascertain correctly the location and arrangements of anchorage required to accommodate work. 3.2 INSTALLATION Erect frames plumb and square and securely anchored. Install doors and frames complete with all finish hardware specified and furnished under Section 0870 - Finish Hardware: Install hardware at site, properly adjust and place in good working order. *** END OF SECTION *** SECTION 0810 - 4 SECTION 0820 - WOOD DOORS 1.0 GENERAL Requirements of Division 0 and Division i apply to work of this Section. 1.1 . SCOPE Furnish materials and equipment and perform labor required to execute this wor as indicated on the drawings, specified herein and necessary to complete the work this section, including, but not limited to, the following principal items: B. Hollow core wood doors. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Installation of wood doors and hardware. B. Furnishing finish hardware for wood door. C. Hollow Metal Frames. 1.3 WARRANTY A. In compliance with Division 0 and covering the following specific items: 1. Delamination in any degree. 2. Warp or twist of 114 " or more when surface area of one face of door is than 10 sq.ft. 3. Telegraphing of core unit through face veneer to cause surface variation 11100" or more in any 3" span. 4. Any manufacturing defect which may affect performance or appearance door. 1.4 ITTALS A. Manufacturer's Data: Submit five copies of complete specification of door construction manufacturer's literature for each door required. 1.5 QUALITY Comply as a minimum requirement for "Custom" grade of the Manual of N] 1969 edition, complied and adopted by the Woodwork Institute of California. SECTION 0820 - 1 2.0 PRODUCTS 2.1 HOLLOW C RE FLUSH *VENEERED WOOD DOORS A. Construction: CS 171 as amended, for core construction; "Cellular" cores complying with requirements for mesh cores are acceptable. Securely bond core parts to face panels. Use CS35 Type II (Water resistant) adhesive. Stiles 1-118" minimum width after trimming, of species to match face veneer; rails 2-112" minimum width after trimming. Stiles and rails solid, or glued up blocks with joints staggered provided outer edge -band solid for full length of stiles and rails. Edge band stiles with species to match face veneer. Provide two lock blocks per door, at least 2-718" wide by 20" long. B. Veneers shall be birch for stain finish. Face veneers standard commercial thickness not less than 1132" before sanding. Face skin two or three ply, having total minimum thickness of 118" before sanding. 2.2 FACTORY PRE -FINING AND PRE -MACHINING A. Pre -fitting: All doors shall be factory pre -fitted to the scheduled frame opening size as follows: 1. Single Doors: Top: 118" clearance Width: 114" (118" clearance at lock side; 118" clearance at hinge side). Bottom: 318" or as detailed to scheduled threshold or finished floor. 2. Pairs of Doors (Each Door Leat): Top: 118" clearance. Width: 114" (118" clearance at lock side; 1116" at each hinge side. Bottom: 318" or as detailed to scheduled threshold or finished floor. B. Pre -machining: All doors shall be machined in the factory by the manufacturer to receive all mortise and other finish hardware, excepting preparation for surface mounted hardware which will be done on the job, under Section 0610 - Carpentry & Millwork. *** END OF SECTION *** SECTION 0820 - 2 SECTION $ - VERTI AL RQLLI-N--Q DOOR 1.0 GENERAL Requirements of Division 0 and Division 1 apply to work of this Section. 1.1 SCOPE Furnish materials and equipment and perform labor required to execute this w4 as indicated in the drawings, specified herein necessary to complete the work of Section, including but not limited to, the following principal items: A. Steel roll -Up door with coil hood. B. Door guides. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Field painting after erection. 1.3 SUBMITTALS Prepare and submit shop drawings in accordance with the related requirements of Division 0. Include shop drawings showing the actual layout of installation operatiz on the job. Indicate in detail the materials, design, fabrication, finish and installati r of equipment furnished under this Section. 1.4 SPECIFIC TYPES Size of opening, type of mounting, method of operation, and special requiremei t for specific openings shall be as indicated on the drawings. 1.5 COOPERATION WITH OTHER TRADES Where bolts or other anchorages are required to be built into concrete or masonr), furnish items and exact locations therefore to trade involved so as not to cause ar y delay in the work. 1.6 CLEANING AND REPAIRING A. Specifications and drawings are intended to establish a standard of design quality. Minor differences in unimportant details will be allowed as approved by Architect, to accommodate the product standards of the approved manufacturer. B. Approved Manufacturers: 1. The Cookson Company 2. Cornell Iron Works, Inc. SECTION 0833 - 1 3. Kinnear Manufacturing Company 4. The Lawrence Company 5. J.G. Wilson Corporation 6. Windsor Door Company 7. Overhead Door Corporation 2.0 PRODTICTS 2.1 MATERIALS A. Curtain: Slats: Contoured, cold rolled, copper bearing or open hearth steel interlocking slats, not less than 20 -gauge thick with 11116" minimum crown; actual sheet gauge, crown depth, and slat width as required to resist wind load of 20 psf without damage. Slats, roll formed hot dip galvanized sheets zinc coated - in accordance with ASTM A123 with coating weight about 1.25 oz. psf; phosphoric acid treatment for paint adherence. 2. Endlocks: Heavy malleable iron castings designed to provide curtain alignment and security against lateral movement. Rivet to ends of alternate slats, two rivets per lock. 3. Bottom Bar: Extruded aluminum with flexible vinyl or neoprene weatherseal strip. B. Guides: 1. Extruded aluminum assembly with extension for supporting the brackets and retaining grooves that hold curtain in place. provide continuous silicone - treated wool pile strips inside the guides to act as weather and dust seals and to reduce friction. C. Balancing Mechanism: 1. Barrel: Steel pipe of sufficient diameter and thickness to support roll -up of curtain without distortion of slats and limit deflection of barrel to not more than 0.03" per foot of span under full load. 4" minimum diameter. 2. Spring Balance: One or more helical torsion springs of oil -tempered heat- treated steel to transfer full load to single steel torsion rod in barrel. Rotating members shall turn on self-lubricating graphite or grease -sealed ball bearings, with uniform adjustment for counter -balance springs accessible from outside the barrel. 3. Brackets: Either 5116" minimum thick cold rolled steel plate or equivalent strength cast iron, attached to wall angle guide (not to wall) with 112" or larger bolts. Brackets shall have bell -mouth guide groove for curtain. SECTION 0833 - 2 Not less than 24 -gauge hot -dip galvanized steel sheet, with phosphoric treatment for paint adhesion. Form to entirely enclose coiled curtain and operas mechanism at opening head, and act as a weather seal. Contour to suit end brat to which hood is attached. Toll and reinforce top and bottom edges for stiff Provide closed ends for surface mounted hoods, and any portion between j mounting protecting beyond wall face. E. Locking: Provide cylinder lock with recessed slide bar each side. F. Painting: Shop clean and prime ferrous metal surfaces exposed and unexposed, except fading and lubricated surfaces and galvanized metal, with rust inhibitive primer drying to a flat sheen. Clean phosphorized surface of galvanized material of foreign matter, ready to receive field primer. 2.2 OPERATING MECHANISM Hand crank with removable crank handle. 3.0 EXECUTION 3.1 INSTALLATION Install doors in compliance with approved shop drawings. Check moving parts proper alignment, lubrication, etc. where required; make adjustments for smo and easy operation. *** END OF SECTION *** SECTION 0833 - 3 SECTION 0870 - FINISH HARDWARE 1.0 GENERAL Requirements of Division 0 and Division 1 apply to work of this section. 1. l SCOPE Furnish all hardware with each item clearly marked or numbered for easy cro reference with the approved hardware schedule. Deliver all finish hardware to ji site with all labels intact and legible. Verify that each item is complete with necessary pieces and is properly wrapped and cushioned to prevent damage prior installation. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. The installation of finish hardware. B. Finish hardware for items marked, such as furnishing, fixtures and cabinet unless noted otherwise. C. Rough hardware 1.3 SUBMITTALS Submit six (6) sets of a finish hardware schedule to the Architect for approval to ordering hardware. 1.4 MANUFACTURE AND QUALITY The catalog numbers and symbols referred to on the hardware schedule are the catalog of the following manufacturers: Schlage Lock Co. Yale Lock Co. Hager Hinge Co. Pemko & Reese Norton Builders Brass Works 1.5 SUBSTITUTIONS Locks,Latches and Cylinders Deadlocks and Strikes Butts Weatherstripping Door Closers Door Pulls and Stops No substitutions shall be made without the written consent of the Architect. 1.6 WARRANTY Written warranty in approved form submitted in compliance with the requirement of Division 0 as a condition precedent to final acceptance, warranting the wo k under this section against defective materials and workmanship for a period of tw years after the date of acceptance. SECTION 0870 - 1 2.0 _PRODUCTS 2.1 TEMPLATE HARDWARE A. Furnish hardware to template where required. Proper template shall be furnished to the manufacturer of the material affected. B. Hardware for application on metal surfaces shall be made to standard templates. Blue print templates shall be supplied to the manufacturers of metal items requiring hardware. 2.2 LOCKS AND LAT_ HES Lock strikes shall be of wrought box type. Strikes shall have lips of suitable strength to protect the trim. 2.3 SCHEDULING AND PACKING Hardware shall be assembled with each package distinctly marked for the location indicate on the hardware schedule. 2.4 FINISHES Hardware for both interior and exterior shall be US 26D (Dull Chrome). Unless noted otherwise. 2.5 KEYING Locks shall be "1" bitted, 6 pin, and keyed to match the existing keying system. Contractor to supply the owner 3 keys at the completion of the job 2.6 MISCELLANEOUS MATERIALS A. Fastening of suitable size, quality and type shall be provided to secure the hardware in position. Machine screws and expansion shields shall be provided for securing items of hardware to concrete or masonry instead of wood screws. B. Door and Door Opening Trim: Butt hinges shall have button tip. Door equipped with three hinges shall have the middle hinge installed with the lower edge 42" from the floor. C. Door Holder: Door holders shall be of the type specified and of proper size, not less than those sizes recommended by the manufacturer for each width of door. 3.0 EXECUTION SECTION 0870 - 2 1 INSTALLATION OF HARDWARE A. This article is included as a reference specification establishing a requirement installation and adjustment of finish hardware under various sections under w] hardware is installed. B. Install hardware, accurately fitted to doors and frames and adjusted to op smoothly and without sticking and binding. Lubricate hardware in accordance manufacturers instructions as required. C. Drill and tap on the job as required for proper installation of surface hardware. D. After installation, provide such protection as will adequately protect all hardware for damage until completion of work. FINISH HARDWARE SCHEDULE LIST OF MANUFACTURERS Hager Hinge Company Norton & Yale Builders Brass Works Schlage Lock Co. Pemko Bommer Spring Hinge Co. LIST OF FINISHES 630 -Satin Stainless Steel AL Aluminurn 26D -Dull Chrome NOTE: This schedule is to be used as a guide only and should not be used for preparation of doors and frames. Refer to the Approved Hardware Schedule frc supplier for actual job conditions. HEADING NO. 1 1 SINGLE DOOR EXTERIOR FROM HALL AND 1 SINGLE DOOR EXTERIOR FROM CONCESSION SALES 3'0" x 7'0" x 13/4" HM x HM EACH HAGER 1.5 PR. EA BUTTS SCHLAGE 1 EA LOCKSET YALE 1 EA DEADLOCK SCHLAGE 1 EA CYLINDER NORTON 1 EA CLOSER PEMKO 1 EA THRESHOLD B.B.W. 1 EA WALL BUMPER BE 1279 4.5 x 5 NRP x 600 D80PD OLY x 626 x ASA 413 x 626 L/CYL 20-001-1x1 1/8 x 626 P8404H x AL3 170-36" x MS&A WC12X x 630 SECTION 0870 - 3 NORTON I EA DOOR HOLDER 2 x AL PEMKO 1 EA DOOR BOTTOM 315AN x 36" x TEK PEMKO 1 EA SEAL 303AV x 36" x TEK(HEAD) B.B.W. 3 EA SILENCER W07 PEMKO 2 EA SEAL 303AV x 84" x TEK(JAMBS) HEADING NO. 2 1 SINGLE ROLL -UP DOOR EXTERIOR FROM STOCK ROOM 12'0" x 4'0" x STEEL SCHLAGE 1 EA CYLINDER 20-001-1 x 1 118 x 626 NOTE: BALANCE OF HARDWARE BY DOOR SUPPLIER HEADING NO. 3 PR DOORS CONCESSION SALES FROM STORAGE AREA PR 1'9" x 6'6" x WD x WD BOMMER 3 PR SPRING HINGES B.B.W. 1 EA LATCHSET B.B.W. 1 PR DOOR PULLS *** END OF SECTION *** SECTION 0870 - 4 SECTION 0925 - GYPSUM DRYWALL 1.0 GENERAL Requirements of Division 0 and Division 1 apply to work of this Section. 1.1 SCOPE Furnish materials and equipment and perform labor required to execute this wor as indicated on the drawings, specified herein and necessary to complete the work this section, including, but not limed to, the following principal items: A. All gypsum wallboard for walls and ceilings. B. Joint tape system, metal corner reinforcement. C. Miscellaneous related items. 1.2 RELATED WORK SPECIFIED IN OTHER SECTIQNS A. Framing. B. Painting. C. Furnishing and installing hollow metal frames. D. Furnishing wood doors. E. Installing wood and prefinished doors and finish hardware. F. Furnishing and installing resilient base. 1.3 REFERENCE SPECIFICATIONS Except as may be modified by these specifications and applicable laws ordinances at the place of building, the work under this section shall conform to requirements of "Specifications for Application and Finishing of Wallboard", cc of which are obtainable from the American National Standards Institute., Broadway, New York, N.Y. 10018. In case of conflict between these specific and any applicable law or ordinance and the American National Standards Institu the better or more restrictive requirements, shall prevail. 1.4 APPROVED MANUFACTURERS A. United States Gypsum Co. B. The Flintkote Company, C. National Gypsum. SECTION 0925 - 1 2.0 PRODLTC'T 2.1 MATERIALS A. Delivery, Handling and Storage: Deliver all materials in original unbroken packages, containers or bundles bearing brand name and name of manufacturer or supplier from whom the product is manufactured. Keep materials dry and protected from the weather. Take care to avoid damage to edges, ends, and surfaces or gypsum wallboard. B. Gypsum Wallboard: Tapered edge sheet conforming to ASTM C 36. C. Joint Reinforcing Tape, Joint Adhesive and Metal --Corner Reinforcement: Standard product recommended by the manufacturer of the gypsum wallboard used in the work. D. Corner bead -external: #103 - 1-114" x 1-114" - DUR-A-BEAD manufactured by U.S. Gypsum Co., or equivalent by other approved manufacturers. E. Metal Trim: #200-A manufactured by U.S. Gypsum Co., or equivalent by other approved manufacturer. F. Drywall Furring Channels: Roll formed, 25 gauge (0.22') minimum electro -galvanized steel, hat section with wing flanges. Attach to cold steel carrying channels with clips or wire ties, and to masonry or concrete surfaces with power driven anchors, or concrete stud nails spaced 24" o.c. through alternate wing flanges (staggered) of furring channel. 1. Furring Clips: Drywall furring channel clips. 2. Tie Wire: 16 gauge minimum, galvanized double annealed wire. 3. Install furring channels where indicated on the drawings of required by the construction. G. Nails or Screw Fasteners: As recommended by the manufacturer of wallboard used. SECTION 0925 - 2 3.0 EXECUTION 3.1 WALLBOARD APPLICATION A. Cutting and Installing: Cut gypsum wallboard by scoring and breaking or by sawing, working from the side. All cut edges and ends shall be sanded, where necessary, to obtain neat join: when wallboard shall be scored in outline before knocking out or shall be cut c with saw. Openings shall be made by punching. Where gypsum wallboard m projecting surfaces, it shall be scribed neatly. Joints in the board shall be stagger and all abutting ends shall occur over a support. To minimize end joints, wallboard sheets of maximum practical lengths. Joints on opposite sides of partiti shall be so arranged as to occur over support. To minimize end joints, use wallbo, sheets of maximum practical lengths. Joints on opposite sides of partition shall be arranged as to occur on different studs. Application shall be with long dimensi across supports except that where fire rating is required, apply vertically with joi located over stud flanges. B. Fasteners: Space nails at 12" o.c. in the field and 8" o.c. staggered along abutting edge , or closer where required by fire resistive construction code approvals. While maili g, the wallboard shall be held in firm contact with the underlying support. Fastening should proceed form the central portion of the wallboard toward ends and edges, using nails of sizes as recommended by the wallboard manufacturer. Set nails with heads slightly below wallboard surface in a dimple formed by the nail head. T e care to avoid breaking the paper face. Place nails not closer than 318" form ends f edges of wallboard. C. Joint Treatment: Joint reinforcing tape and joint adhesive shall be mixed and applied in accord with the manufacturers' directions. Gypsum board to be covered with a second and areas that are to be hidden, need not be taped. D. Furnish and install metal edging beads and other accessories and trim standard the wallboard manufacturer, and apply finishing cement tapered out to a ft edge as recommended by the manufacturer. E. General: Drywall to receive complete finish in all room areas painted or not. F. For application to metal framing, refer to section 0560. 3.2 DOOR FRAMES Cooperate with the Contractor for hollow metal frames in the location installation of pressed steel door frames to be erected in conjunction with drywall partition work of this section. SECTION 0925 - 3 Cooperate with Electrical Contractor in proper location and installation of electrical conduit, switch, and outlet boxes and wiring. Do not close both faces of partition until electrical installations have been completed, inspected and approved. 3.4 FINISH Drywall Finish shall be sanded smooth and showing no sign of nails, joints, etc. 3.5 CLEAN-UP AND REPAIR A. Upon completion and as work progresses, debris, rubbish, excess materials tool and equipment, shall be removed from the site and areas left acceptable and free of spots or spatter caused by work of this section. B. Surface damage and defects in wallboard shall be corrected after trim has been applied and prior to decoration. In repairing surfaces, finishing cement shall be used and brought to a true plane leaving surface entirely in appearance. *** END OF SECTION *** SECTION 0925 - 4 SECTION - PAINTIN 1.0 GENERAL Requirements of Division 0 and Division 1 apply to work of this Section. 1.11 SCOPE Furnish materials and equipment and perform labor required to execute this w4 as indicated on the, drawings, specified herein necessary to complete the work of Section, including, but not limited to, the following principal items: A. All exterior paintable surfaces, whether call for on plans or not, are to be (unless specifically noted otherwise). this includes but is not limited to i concrete, flashings, gutters, all miscellaneous metal, etc. B. Painter;s finishes are not required on the following: 1. Materials, and equipment with complete factory finish, except otherwise specified. 2. Integral color masonry, except where otherwise specified. 3. Concrete flat work, except where otherwise specified. 4. Stainless steel. Factory applied primer coat on all galvanized metalwork. 1.2 GENERAL REQUIREMENTS A. Examine specifications and drawings for work of other trades and determine fu extent of materials and items which require painting, See Finish Schedule on drawings. B. Provide complete and satisfactory painting and finishing job for entire building in accordance with best acceptance customs and practices for work of this kind, whether or not each surface or items is specifically mentioned. C. Each coat of paint shall be of a slightly different shade form the finish coat, so that Each coat may be identified. D. Arrange for a space or room, enclosed, locked and vented, for storage of materials and for mixing. Provide galvanized iron mixing pans, covered and protected. St re and arrange materials and work in best manner to provide safety and security from damage. Remove oily rags, surplus materials and all such items which are hazardot s and dangerous, from the building every night. Repair, clean and replace all materials and work damaged by work of this trade as necessary to restore to origin condition. SECTION 0990 - 1 E. Maintain temperature of degrees F. or more, and Perform exterior painting dry weather. 2.0 PRODUCTS 2.1 MATERIALS rooms where varnish or enamel is being applied at 70 at 60 degrees F. or more during other interior painting. when air temperature is 50 degrees F/ or higher and in A. All paint, varnish, enamel, etc. shall be of the brand and quality specified and shall be delivered at the site of work in unopened original containers and stored where designated. Before starting work of this section, submit for approval of the Architect, a complete B. list of paint materials proposed for use. Identify surfaces to receive paint materials, primers, and number of coats. C. First Quality materials, as manufactured by the following paint manufacturers: The Glidden Company Ameritone The Sinclair Company Dunn Edwards Sherwin-Williams Frazee Olympic Stain Chemstop D. All interior painting material shall be manufactured by the Glidden Company or as specified on color schedule. E. Miscellaneous bas': painting material such as raw and boiled linseed oils, shellac, putty, solvents, etc:. shall be pure and of the highest quality and shall comply with the latest Federal Specifications or latest ASTM standards. 3.0 EXECUTION 3.1 SURFACE PREPARATION A. Metal surfaces to receive paint finish shall be thoroughly cleaned free of all dirt, dust, oil, grease and other foreign matter. Treat galvanized metal surface with #12 Galva Wash before applying galvanized metal primer. B. Masonry to receive paint shall be cleaned of dirt, dust, excess mortar, encrustations and foreign matter. Cracks, holes, pits and other imperfections shall be finished flush and smooth. C. Woodwork shall be hand -sandpapered and dusted off. Nail holes, cracks or defects in wood shall be carefully puttied after the first coat; the putty shall match the color of the stain or paint. Surfaces of both interior and exterior shall be free of imperfections. D. Plaster surfaces to receive paint shall be cleaned free of all dirt, dust, oil, grease, and other foreign matter before application of the prime coat. E. Concrete surfaces shall be cleaned free of all dust, dirt, bond breaking materials, efflorescence another deleterious matter before applying paint coatings. SECTION 0990 - 2 3.2 WORKMANSHIP A. All work shall be executed by skilled craftsman, experienced in their trade u constant supervision by qualified foremen. All work to be of highest standards methods. B. Mix paints thoroughly and break up with paddles to smooth, uniform and brushing consistency and use strictly in accordance with manufacturer's direct Keep all brush washes from job site daily. After sealers are applied, make sure all suction, hot or burned spots are resealed with same material to assure car finish coats. C. Work shall be done under favorable weather conditions or conditions suitable the production of first-class work. D. No exterior or interior painting shall be done until the surface is thoroughly dry cured. E. Enamels, varnishes and sanding sealers shall be sanded lightly and dusted c: between coats. 3.3 SHOP PRIME COATS A. See other sections for shop prime coats. B. Wherever shop coats are damaged, parts unpainted or otherwise unprotected aft installation, thoroughly clean said surfaces and apply a coat of Red Lead Primer ferrous metal surfaces and a coat of Zinc Dust Primer to galvanized metal surface 3.4 BACK PRIME COATS All woodwork that is to be set before plastering, shall be primed on all sides installation. 3.5 PROTECTION A. Provide drop clothes and other protections as necessary to prevent damage of kinds resulting from painting operations. When necessary to remove protec work of other trades, replace same in original conditions and assume responsibility for any and all damages resulting from painting operations. 1. Remove or protect during painting all hardware and accessories, fixtures, similar items placed prior to painting and replace at completion of painting. 3.6 FINISHES AND COATS A. The number of coats specified herein is the minimum number of coats which be applied. Provide finish, uniform in appearance, of approved color, free runs, sags, skips, cloudy or mottles in appearance and other defects. SECTION 0990 - 3 B. Make edges of paint, adjoining other material or colors, sharp and clean without over -lapping. Should workmanship of final be found defective, do proper preparatory work and apply additional coats as necessary to give a finish in accordance with specifications and color samples, at no additional cost to owner. 3.7 CLEANING A. Upon completion of work of this Section, remove all paint and finish spots from surfaces adjacent to those painted or finished. Remove rubbish, paint cans and accumulated materials resulting form work of this section, Leave work clean and in acceptable condition. B. Glass throughout shall have paint of varnish spots and brush marks removed. Glass that is scratched or damaged by the Painter's work, or while cleaning off paint from glass, shall be replaced with new glass as specified under the "Glass and Glazing" section of these specifications at no cost to the owner. C. Hardware and other unpainted metal surfaces shall be cleaned, using lacquer thinner or paint remover. No edged tools or abrasives will be permitted. 3.8 PAINT FINISHES A. Surfaces shall be painted or finished in accordance with the following schedule of finishes for material or surfaces indicated on the drawings and specified herein. Where numbers are shown below, they refer to products manufactured by the Glidden Co. 1. Exterior 1st coat: Olympic Stain 2nd coat: Olympic stain Exterior Metal Paint: (miscellaneous metal equipment on roof) lst coat: Ferrous Metal 585 Rustmaster Primer Galvanized Metal L&S Portland Cement, Paint 2nd coat: 1801 Endurance House Paint 3rd coat: 1801 Endurance House Paint SECTION 0990 - 4 2. Interior Painting Exposers Concrete and Masonry: Where indicated in the Finish Schedule to be painted. 1st coat: 3416 Pigmented Acrylic Sealer 2nd coat: 3400 Spred Satin Wood Door, Trim And Other Woodwork: (Natural Finish) 1st coat: 5035 Wood Sanding Sealer 2nd coat: 47 Semi -Gloss Varnish Ferrous Piping or Other : Where exposed Ferrous Metals or Visible from sales area. 1 st coat: 4570 Speedenamel Metal Primer 2nd coat: 4600 Spred Lustre Enamel Wood Doors, Trim And Other Woodwork: 1st coat: 555 Gliddencoat Enamel Undercoat 2nd coat: 5600 Brush -Day -Lite Enamel 1st coat: 3416 Pigmented Acrylic Sealer 2nd coat: 3400 Spred Satin Drywall: (Gypsum wall board) Where indicated in the Finish Schedule to be painted. 1st coat: 3416 Pigmented Acrylic Sealer 2nd coat: 3400 Spred Satin Exposed Plywood One coat shellac, brushed or rolled. Paint exposed surfaces of electric panels, air supply grilles, ceiling grilles, etc., of color to match that of adjacent surfaces in visible areas SECTION 0990 - 5 Paint access doors, register, pipes, ducts, etc., unless otherwise noted, the same color as adjacent walls. *** END OF SECTION*** SECTION 0990 - 6 SECTION 1525- PL BIN 1.0 GENERAL Requirements of Division 0 and division 1 apply to work of this Section. 1.1 SCOPE Furnish materials and equipment and perform labor required to execute this wi as indicated on the drawings, specified herein necessary to complete the work of section, including, but not limited to, the following principal items: A. Sanitary waste, vent, and area drainage, including sewer connections and fees. B. Domestic cold water and hot water systems, including water meter and connection fees, and backflow preventers as required by authorities h jurisdiction. C. Hot water heaters, vents and related hot water specialties. D. Plumbing fixtures, trim, valves, traps, drains and floor sinks. E. Roof flashings and counterflashings. F. Sleeves, hangers, strapping, expansion joints, air chambers, and shock arresters. G. Excavation, backfill and compaction for work of this section. H. Final connections to equipment furnished by others including all valves, stops, t etc., as required to completely connect the equipment. I. Tests, inspection, cleaning, guarantee, shop drawings and valve charts. 1.2 WORK DESCRIBED IN OTHER SECTIONS A. Cutting and patching of the building structure, as specified elsewhere in specifications. B. Formed concrete work (Concrete and Cement Finish). C. Motor starters, except where indicated, relays, disconnect switches, circuit breaki devices, line voltage wire and conduit low. voltage conduit, except as othery noted. D. Finish painting, unless specified herein. E. Temporary water service. SECTION 1525 - 1 1.3 GENERAL REQUIREMENTS A. Ordinances and Regulations: The entire plumbing system shall be designed to comply with and shall be installed in accordance with all of the requirements of all legally constituted authorities having jurisdiction, including all local ordinances and the Safety Orders of the State Industrial Accident Commission. B. Permits and Inspections: Obtain and pay for all permits and inspections which are required for work of all legally constituted authorities having jurisdiction. The Contractor shall deliver certificates of all such permits and inspections to the Owner. C. Examination of the Drawings and the Site: The Contractor shall carefully study all drawings and specifications pertaining to the work. If any of the work as laid out, indicated, or specified, is contrary to or conflict with any local, city, state of national ordinances or regulations, the same shall be hereby deemed to have been reported to and reviewed with the Owner before commencing work under the Contract. The Owner will issue instructions as to procedure for modifications. The Contractor shall carefully examine the building site and compare the drawings with existing conditions. By the act of commencing work under the Contract, the Contractor shall be deemed to have made allowances therefore as he deems fit in keeping with instructions herein. D. Verification of Dimensions: Before proceeding with any work, the Contractor shall carefully check and verify all dimensions, sizes, etc., and shall assume full responsibility for the fitting -in of his equipment and materials to other parts of the equipment and to the structure. Where apparatus and equipment have been indicated on the drawings, dimensions have been taken from typical equipment of the class indicated. The Contractor shall carefully check the drawings to see that the equipment he is required to install will fit into the spaces provided. E. Locations: The locations of all piping, apparatus and equipment indicated on the drawings are approximate only, and shall be adapted to meet the architectural and structural conditions as called for by these drawings, respectively. Any change in the work which has not been installed shall be made by the Contractor without additional compensation, except changes which are caused by subsequent architectural and structural changes which increase the site of any of the mains, of which increase the number of fixtures of lengths of pipe runs. SECTION 1525 - 2 2. All apparatus and equipment shall be installed in a manner and in location avoiding all obstruction, preserving head room and keeping openings ar passagewa-,,z clear. Changes shall be made in location of equipment a materials which may be necessary in order to accomplish this. The drawir are essentially diagrammatic to the extent that may offsets, band,spec fittings and exact locations are not indicated. The Contractor shall careful study the drawings and premises in order to determine the best method; exact location, routes, building obstructions, etc., and shall install apparatus and equipment in the available locations. F. Shop Drawings: 1. Shop drawings shall be submitted in compliance with Division 0. G. Record Drawings: The Contractor shall provide and keep and up-to-date set of blueprints, which sha be corrected daily to show every change from the original drawings specifications, the size and kind of equipment, and runs of all pipe, invert elevatioi valves, etc. All dimensions are to be taken from a permanent point. This set drawings shall be kept on the job and shall be used only as a record set. completion of the work, all changes as noted above shall be drawn in, in black on a set of transparencies, properly signed by General Contractor Subcontractor, and dated and will constitute "As Built" drawings. H. Cooperation With Others: The Contractor shall so organize the work that the progress will harmonize with work of all trades, so that all work may proceed as expeditiously as possible. Contractor shall be responsible for the correct placing of the work and connection thereof to the work of all related trades. I. All materials and equipment, used in the installation of the plumbing work shall of domestic manufacture, new and in perfect condition when installed. Except otherwise specified, all materials used in the fabrication and construction of 1 various parts of the work shall be in accordance with the latest stand specification of the American Society for Testing Materials and the National Boa of Fire Underwriters as they apply and subject to approval J. Selection and Ordering Materials and Equipment: Within 15 days after the award the Contract, furnish a list in quadruplicate of the materials and equipm proposed for use including manufacturer's catalog information as to constructit capacity, materials, etc. Install no material and equipment without the writ approval by the Owner. Include all items in one submittal; partial lists will not accepted. Submittals shall follow sequence given in, and make reference to, specifications. 1. Within fifteen (15) days after approval, arrange for the purchase and delivi of all equipment and materials required in ample quantities and at props time. SECTION 1525 - 3 y all and 2. Deliver to the Owner, a complete list of equipment and materials ordered, giving description, plate numbers and date of orders. K. Preliminary Operation: Should the owner demand that any portion of the systems or equipment be operated previous to the final completion and acceptance of the work, the Contractor shall consent. Such operation shall be under direct supervision of the Contractor, by the expense thereof will be paid by Owner, separate and distinct from any money paid on account of the Contractor Sum. Such preliminary operation of payment thereof shall not be construed as an acceptance of any of the work. See description of guarantee; this preliminary operation shall not reduce guarantee period. L. Operating Utilities: The work in this section includes the furnishing of all water, and fuel services required for the installation of the work and for the period of operating during testing of the systems. M. Openings: Cooperate with all trades in providing information as to openings required in walls, slabs, and footings for all piping and equipment. 1. Framed openings may be used where several pipes are located in close proximity for all pipes in lieu of several sleeves. All framed openings must be approved by the Owner and for horizontal slabs, provided with 4 -inch curbs around the entire opening. 2. Holes in concrete or masonry are prohibited in any structural element without written authorization from the Structural Engineer. 3. Sleeves shall be accurately located and placed in forms before concrete is poured. 4. Extra costs shall be borne by this section for cutting of holes as the result of incorrect, delayed or neglected location of sleeves or framed openings. N. Excavation and filling necessary for the proper laying of pipes shall be as specified herein and the section on Earthwork requirements for structural and utility backfilling form a part of these specifications. The bottoms of the drain and sewer trenches shall be cut to the grade of the drain or sewer and bell holed shall be excavated to insure the pipes bearing for their entire length upon the outside periphery of the lower third of the pipe. Should rock be encountered, it shall be excavated to the depth of 3 feet below the bottom of the pipe and the space shall be filled with well tampered sand and pea gravel. 1. Trenches shall be at least 12" wider than the greatest diameter of the pipe. SECTION 1525 - 4 2. No backfilling shall be done until the installation has been approved by tie Owner. Cast iron and steel pipes outside the buildings shall have a minimum coverage of 24 inches or, it this coverage cannot be obtained, pipe shall, i so directed, be encased in concrete (obtain Architect's approval first). O. Protection of Finish: Provide adequate means for and fully protect all finish parts of the materials and equipment against damage from whatever cause during the progress of the work and until final completion. All materials and equipment in storage and du ng construction shall be covered in such manner that no finished surfaces will be damaged or marred and all moving parts shall be kept perfectly clean and dry. P1 g and cap all piping during construction and keep free of debris and contamination. P. Tests, General: Tests shall comply with all necessary codes, rules and regulations, as noted The Contractor shall supply all instruments, labot, and tools required by the Any defective material of equipment shall be repaired, adjusted or replaced by materials or equipment and be tested before acceptance. 1. While all lines are exposed to view and before the installation of any fixture, the ends of the soil and waste system shall be capped and lines shall be filled with water to the roof line (including vents) and be allowed to stand until a thorough inspection has been made. Tests may be made in sections if necessary, or convenience so indicates; however, all interconnect ow between new sections to be so tested and previously tested sections shalle included in the new test. 2. Water piping shall be subject to a hydrostatic test of not less than 150 p and be proven tight. The tests shall be made by floors and risers shall tested separately. connection points shall be tested after the connections a made. 3. Operational tests shall be made on all machinery and devices to determin proper compliance with the specification. All equipment shall func6on quietly and efficiently. Any undue noise or vibration caused by the malfunctioning of the piping, equipment, etc., shall be promptly replaced or be corrected before acceptance. 4. Should any piece of apparatus or any material or work fail in any if the tests, it shall be removed immediately, be replaced with new and 1 material and the equipment in question retested as specified w additional expense to the Owner. Q. Adjusting: Upon completion of work and after cleaning of system and apparatus, autor parts of plumbing systems shall be carefully adjusted for normal operation. All valves shall be checked for proper operation, and final adjustments made w required. Vacuum breakers on water supply to fixtures shall be inspected cleaned of any foreign material that would hinder their proper functioning. SECTION 1525 - 5 R. Damage By Leaks: Attention is especially called to the fact that the Contractor shall be responsible for damage to any part of the premises caused by leaks or breaks in the pipe or fixtures of equipment installed under this section, for a period of one year form the sate of acceptance of the work of the Owner. S. Operating Instruction: Upon completion of the work, the Contractor shall carefully prepare four descriptive booklets of the entire plumbing systems and a full description of the operation and maintenance of each piece of equipment. Details of the design of the diagram and general description shall be subject to the approval of the Owner. In the presence of the Owner's representative, the Contractor shall thoroughly and completely operate the equipment and systems as directed by the instructions. T. Guarantee: The Contractor shall be responsible for all work under this section and shall adjust all valves, controls, vacuum breakers and incidental items and shall leave the system in perfect operating condition.. He shall regulate, repair and replace at his own expense any defective workmanship, materials, and equipment, which may become apparent within one year after the date of final acceptance of the work, except the water heaters, which shall be guaranteed for five years. the decision of the Architect shall be final in respect to imperfections. The Contractor shall furnish the Owner, all manufacturer's written guarantees of materials and equipment. Provide 90 days maintenance and services on all parts of the systems installed under this Contract. U. Cleaning - Protecting Equipment: 1. Thoroughly clean all parts of the apparatus and equipment. 2. Inside of pipes, etc., shall be flushed clean before being placed in operation and all strainers shall be cleaned after operational tests. Plumbing fixtures shall be cleaned ,of protective materials and the entire assemblies shall be cleaned and each fixture shall be polished and checked for trap stoppage. 3. Exercise all reasonable diligence in the protection of all work from material of workmen, furring the installation of plumbing work. Any damage to adjoining work, caused as a result of this work, shall be repaired immediately without additional cost to he Owner. 1.4 SERVICE CONNECTIONS A. Waste: To sewer as indicated on plans, Contractor to determine exact location and depths of points of connections and to be responsible for proper location of waste lines from building for most direct and suitable connection, and to pay for all permits, inspections and connection fees. SECTION 1525 - 6 B. Water: To water meters, Contractor to arrange for and pay all charges for installation meters and water service lines from main meters, installed by the servi department, including all backflow preventative devices required. 2.0 PRODUCTS 2.1 MATERIALS AND WORKMANSHIP A. All material and workmanship shall be of the best quality, new and in first cls condition. The materials shall be clearly marked or stamped with the manufacturer s name of stamp and rating. Names of manufacturers and catalog numb r hereinafter listed are for establishing the designing. type, operation and quality; this does not intend to prohibit the usage of similar equal items, if approvals obtained as per the General Conditions. B. Dissimilar metals shall be isolated by using dielectric couplings. couplings shall be installed in an accessible location. C. Work in Finished Spaces: Trim, fittings and pipe shall be chromium plated brass or covered with plated brass sleeves. D. Sleeves and Plates: 1. Sleeves, set in forms before concrete is poured, shall be 112 inch greater diameter than the outside of the pipe or covering. 2. Where sleeves are installed in waterproof or below grade walls, the between the pipe and the sleeves shall be caulked with bitumen fit neat. E. Cleanouts: Where indicated on drawings, at all bends, upper terminals and not over 50 -ft. apart in any run, make all cleanouts accessible by extending to floor or grade. All cleanouts shall be as manufactured by J.R. smith or equal by Josam, Wade or Zurn, as follows: 1. Finished Room Floors: J.R. Smith #4103 with N.B. top. 2. Unfinished room Floors: J.R. Smith #4223 with C.I. tops. 3. Walls (Wet Construction): J.R. Smith #4558. SECTION 1525 - 7 4. Finished Concrete Floors: J.R. Smith #4183. F. Soil And Waste Systems: 1. Above Ground: Service weight cast iron hub and spigot or approved no -hub cast iron soil pipe and fittings or plastic only where required by buildings code. G. Vent System: 1. 2-112" And Smaller: Galvanized steel pipe Schedule 40, with standard black cast iron screwed fittings. 2. 3" And Larger: Service weight hub and spigot or approved no -hub iron soil pipe and fittings. 3. Underground Vents: Same as soil pipe below grade. 4. Roof Termination: Extend all vent pipes at least 6" above finished roof surfaces and higher whenever required by plumbing ordinances to plumbing inspector. Flash with "Semco" one-piece spun lead flashing made of 4 pound lead, extending 8" around pipe and 5" up. Make top joint watertight by means of cast iron counterflashing sleeves and Permaseal caulking material according to Semco Fig. #1010-2 or #1100-4. H. Water Piping: 1. Above Ground: Type "L" hard drawn copper tubing with soldered fittings with 50-50 solder joints. 2. Below Ground: (Within a Building) - Water piping within a building which is in or under a concrete floor slab resisting on the ground shall be installed in accordance with the following requirements: (a) Type "K" copper tubing shall be installed without joints where possible. Where joints are permitted, they shall be silver brazed of equal and fittings shall be of wrought copper. SECTION 1525 - 8 3. General: Avoid connections and equipment installations that could cause a crc connections between water supply and drainage resulting in contamination said water supply. 4. Sterilization: All water piping shall be sterilized, and certificates shall be issued to Owner attesting that such work has been accomplished. I. Insulation: 1. Hot Water, Supply and Return Piping: Gustin-Bacon 3/4" thickness "Snip - On" fiberglass, canvas faced and sized with Arabol lagging adhesive. Insulatt fittings and valves with plastic insulating cement hand -molded to thickness of adjoining pipe insulation and covered with canvas, finished as above. 2. Steel And Copper Piping: "Fee and Mason" #212 split ring hangers with supporting rods, spaced more than 10 feet apart; 6 feet on copper piping. 3. Concrete Inserts: "Fee and Mason" #185 steel insert. 4. Water Piping Isolators: All hangers for water piping to be provided with "Semco" trisolators, or by Potter -Reamer. 5. Where hanger rods are longer than 18" provided lateral sway bracing at fourth hanger. 6. Vertical pipe lines shall be supported not hung at every floor of the with steel clamps resting on neoprene or similar pads. 7. Hangers and supports shall fit outside of pipe insulation. Install 18" section of rigid foam insulation with galvanized protection shield at ha support. 8. All water pipe shall be isolated form all parts of the structure,a nd from other objects. SECTION 1525 - 9 9. Hanger Rod Schedule: Pipe Size Hanger Rod Diameter Up to 2" 318" 2-112 to 3-112" 112" 4" to 5" 518" 6" 314" J. Sleeves And Inserts: 1. General: Provide metal or polyethylene sleeves and steel inserts of proper size and adequate strength, whenever piping passes through structural and building elements and as required for correct installation and support of pipe. 2. Through Concrete: Fully adjustable and fully concealed, "Adjust -To -Crete" or equal, or polyethylene. 3. Clearance: No less than 112" around pipe. 3.0 EXECUTION .1 PIPE INSTALLATIONS A. Soil, Waste, Vent And Drainage Piping: 1. Run at uniform of not less than 114" per ft., unless noted otherwise on drawing. 2. Runs to be straight as possible and all changes in direction made with fittings. Make offsets at 45 degrees or less. B. Water Piping: 1. Run level without pockets and as straight as possible. 2. Bends not permitted, offsets made with fittings. 3. Hot and cold water lines at least 6 inches apart where piping is parallel. 4. On water piping, hot and cold, at single fixtures, provide 36" vertical capped air chamber, two pipe sizes larger than serving line, on batteries of two or more fixtures, use Wade Shokstop or equal by Josam, or J.R. Smith, as indicated on drawings. SECTION 1525 - 10 5. Expansion and contraction to be provided for by swing joints and bends, anchors as required and/or as indicated on drawings. C. Cast Iron Soil Pipe Joints: (Hub and Spigot Type) 1. Pack joints with oakum to within 1" from top of hub. 2. Run space full pig lead in one pouring and tightly caulk. 3. Remake leaky joints with all new materials. D. Screwed Pipe Joints: 1. Cut threads with new clean dies, full thickness and carefully ream. 2. Apply red lead smoothly to male threads and to threads left exposed fabrication. E. Soldered Pipe Joints: L Cut pipe square without reducing diameter, reamed smooth. Clean thoroughly with emery cloth for distance equal to recess of fitting. 2. Methods, temperatures and fluxes used in making soldered and brazed ji shall be in accordance with recommendations of the manufacturer. 3.2 PLUMBING F AND EQUIPMENT A. General: Provide all fixtures and equipment with angle stop or globe valve on water Chrome plate all exposed metal items. B. Grounds And Supports: Provide all grounds and supports for fixtures and equipment. Arrange with for other trades for installation of built-in items, blocking and additional n supports. Pay all costs in connection therewith. C. Plumbing Fixtures Types: 7. Electric Water Heaters: (a) As scheduled on plans, UL approved. (b) Unit shall be suitable for voltage and phase as provided by Section of the Work. S. Stainless steel counter, mounted sink, 20 gauge - 'Type 304 - self rim model PSR -1720 (17x20) with "Elkay" LK -2223 dual handle bar gooseneck swing spout. SECTION 1525 - 11 " D. Pipe Escutcheon Plates: 1. Required: On all exposed water, waste and gas piping passing through floors, walls and ceilings. 2. Type: Cast brass, chrome plated, split hinged. 3. Global Valves: Crane #7; provide union adjacent to each valve. 4. Gate Valves: Crane #438; provide union adjacent to each valve. 5. Wall hydrants: Acorn engineering #8151 in masonry and #8105-2 in plaster and wet wall; polished and anodized to match satin chrome plate. 6. Water Pressure Regulators: When water pressure exceeds 60 psi, a regulator will be required. It shall be Wilkins #500-YSHR, Bailey #30-31; install pressure relief valves at discharge: with union, to nearest floor sink. Install pressure gauge with cock on each side of regulator. 3.3 IDENTIFICATION OF VALVES AND PIPING A. Provide permanent identification at each valve with metallic tags securely wired to valves. Indicate location and identification number of each valve on record drawings, provide valve chart to Owner for mounting on premises. Color code all major distribution lines and risers providing Owner with framed chart identifying type or service. 3.4 CLEANING A. As required to leave job in neat, clean and acceptable condition, to the complete satisfaction of the Architect and Engineer. 3.5 GUARANTEE A. All materials and complete installation are to be guaranteed free form any mechanical defects, and the Contractor for this division shall replace and repair any and all unsatisfactory or defective items, to the full and complete satisfaction of the Owner and Architect, for a period of one (1) year after final acceptance of the work. *** END OF SECTION *** SECTION 1525 - 12 SECTIQN 1606 - ELECTRICAL 1.0 GENERAL Requirements of Division 0 and Division 1 apply to work of this Section. 1.1 SCOPE Furnish materials and equipment and perform labor required to execute this wor: as indicated on the drawings, specified herein and necessary to complete the work this Section, including, but not limited to, the following principal items: A. Extend services as noted on Plans. B. Main distribution panel consisting of metering equipment feeder circuit breal and/or switch and fuses as shown in plans. C. Complete systems of feeders in conduit to power panels, branch circuit panels transformers. D. Furnishing and installation of branch circuit panels for power and lighting. E. Complete branch circuit wiring system for lighting, motors, receptacles and juncti boxes as shown or specified. F. All lighting fixtures furnished and installed complete with lamps. G. Wire and connect motors, fans and blowers furnished by others. H. Hangers, anchors, sleeves, chases, supports, for fixtures, and electrical materials a equipment shown on the drawings or specified herein. I. Excavation, back fill, framing, and other associated work required for installation of the electrical system. J. Submission of shop drawings. K. Record Drawings. L. Tests. 1.2 WORK MT INCLUDED A. The following materials, equipment, or items of work are not included under Section: 1. Electrical equipment or installation specified herein to be furnished as a of the mechanical section of the specifications such as, temperatures pressure control devises. SECTION 1606 - 1 the 1 3 SHOP DRAWINGS A. Prepare and submit shop drawings in compliance with Division 0, for the following items: 1. Panelboards. 2. Switchboards. 3. Terminal cabinets. 4. Lighting fixtures (complete brochure). 1.4 MA ACTURE A. Use first -grade materials and equipment adequate in all respects to accomplish the intended results fabricated by manufacturers recognized by the trade as being capable of producing first-class and acceptable materials and items. B. Equipment, materials and items shall meet the requirements of the National Board of Fire Underwriters, the governing authority having jurisdiction and the California Accident Commission. C. All items, material and equipment shall bear the Underwriters' label of approval. D. Obtain Architect approval of all manufactured or fabricated electrical items, material and equipment prior to manufacture of fabrication. 1.5 WORKMANSHIP A. Entire work of this section shall be performed by experienced, well qualified craftsmen, in accordance with the best standards of practice relating to the trade. B. Use capable and experienced superintendents, authorized by the Contractor to instruct work, make job decisions and act for he Contractor in all matters pertaining to the Contract. 1.6 PERMITS, TESTS AND INSPECTIONS A. Apply for, secure and pay for required permits, fees, licenses and royalties to accomplish the work. B. Apply for, secure and pay for required tests and inspections to accomplish the work in conformance with rules and ordinances of all governmental agencies having jurisdiction. C. Furnish signed certified and acceptable copies of items covered in (A) and (B) above to the Architect for his records. D. Comply with rules and regulations of jurisdictional authorities and report any deviations on drawings to the Architect. SECTION 1606 - 2 1.7 CODES. RJULES AND REGILLATIONS A. The Contractor shall cooperate with others doing work on the building as may necessary for the proper execution of the work of the various trades employed in construction of the building. B. The Contractor shall refer to the architectural, structural and mechanical draw for construction details and shall coordinate his work with that of others to the so that unnecessary delays may be avoided. C. Where lighting fixtures are shown and mechanical or other equipment, and wiring to clear same. 1.8 ACCURACY OF DATA to conflict with locations of structural the Contractor shall provide adequate A. The data given herein and on the drawings are as exact as could be secured, b at their absolute accuracy is not guaranteed. The specifications and drawings are for the assistance and guidance of the Contractor. Exact locations, distances, levels, etc., will be governed by the building and the Contractor shall us the data containcd herein with this understanding. B. The exact location of each and every outlet of each wiring system, not dimensio on the drawings, shall. be as directed by the Architect, or party as designated by Architect. 19 ELECTRICAL DRAWIDLGS A. The electrical drawings are essentially diagrammatic. Sizes and locations equipment are shown to scale where possible but they may be distorted for clari on the drawings. Final locations of outlets and equipment shall be as directed by ti Architect or party as designated by the Architect. It is not within the scope of t drawings to show all necessary bonds, offsets, and obstructions. It shall be responsibility of this Contractor to coordinate his work with other trades and insta his work to conform to the structure, preserve head room and keep openings ar, passageways clear. B. Major deviations from plans or specifications will not be permitted, and Contractor is required to install all work, conduits, and materials as shown a specified. 1.10 PROTECTION A. Protect all work, fixtures, materials, etc., under this Contract from damage final acceptance of the work. B. Protect workmen and the public from harm and conform to the requirements of the Board of Fire Underwriters' and the industrial Accident Commission of the State ii which this work to be performed. C. Protect work and installations of other trades under this contract. SECTION 1606 - 3 of the D. Repair and/or replace all work damaged under (A), (B), and/or (C) above and hold Owner and Architect free from any costs and liabilities in connection therewith. Replacement shall be at the discretion of the Architect's representative. 1.11 EXECUTION OF WORK A. Prepare a schedule of operation of the entire work. B. Order materials and equipment. C. Arrange with the General Building Contractor for cutting, drilling, blocking, supporting, etc., as required. Obtain Architect's approval in each specific instance, for penetrations of structure, and do no cutting until approval is obtained. D. Arrange with the General Building Contractor for all necessary assistance, cooperation and use of the Premises. E. Prepare samples, schedules and other data. Obtain Architect's approvals in ample time before needed, so as not to cause delays in the execution of the work. F. Arrange order of work so as not to cause interference or delays with other trades. G. Obtain required tests and/or approvals or work before such work is closed in or covered up. H. Proceed with roughing -in of all portions of work before such work is closed in or covered up. 1.12 SERVICF� A. General: Requirements of serving utility and availability of services have been determined as accurately as possible and indicated on drawings. Contractor shall verify availability of services and determine actual details pertaining to exact locations and requirements of utilities. before submitting bid. No failure of Contractor to comply with this requirement. B. Power and Light Services: Pay all costs, including cable and other charges as levied by the serving utility for rendering electrical service to the job without additional cost to the Owner and connect to utility facilities as directed. Upon receipt of notice that the electrical contract award has been made, the successful bidder shall notify the New Business Department of the district office of the servicing utility that he has the job, and will also furnish information as to the total lighting and power loads for the ,lob. He will also furnish at the same time, information as to the estimated completion date of the job, or the date when electrical service will be desired. Approval of shop drawings for the main switchboard shall be obtained from the utility company as well as the electrical engineer prior to the fabrication of the switchboard. SECTION 1606 - 4 1. 13 MATERIALS A. Lighting Fixtures: Shall be installed at all lighting outlets, and shall be as keyed on plans and descri on drawings. All recessed fixtures shall have prewired junction box and UL ] showing maximum approved lamp rating. All ballasts shall be ETL, CMB and labeled and shall be high power factor types. Use two lamp ballasts where possib. B. Lamps shall be new, of wattage as indicated and as manufactured by Gel Electric, Westinghouse, or Sylvania. C. Incandescent Lamps shall be for 130 volt operation: L General use - inside frosted type with medium base for lamps 200 watts smaller and mogul base for 300 watts or larger. 2. Par. 38 or R40 where recommended by the manufacturer. D. Fluorescent Lamps: I. Lamps shall be standard cool white, energy saving type. E. Fluorescent fixtures shall have thermal overload protection. Advan-Guard or equal Fluorescent fixtures in sales area shall be one of the following: Prudential P -L Series, Lithonia C248OR296-SL, Supreme SL -242. No substitutes. F. Fixtures shall be as indicated in the fixture list, and as noted on the drawings. G. Duplex receptacles shall be 3 pole grounding type with the third pole (U s grounded to the conduit system. Hubbell #5252. H. Switches: 20 amp. 120/277 volt AC throughout, quiet type, silver button contact type: Hart #1991-1, 2, 3: Bryant #4901-1,2,3, or Slater. I. Wiring devises unless otherwise noted shall be as follows. 1. Receptacles shall be specification grade, back wired, duplex type, bakelite. 2. Toggle switches shall be specification grade, ivory handle. 3. Cover plated shall be stainless steel finish, Sierra, "S" Line or equal. J. Outlets, junction boxes and switchboxes shall be galvanized code -gauge metal of si; and type suitable for the requirements of each outlet. Boxes shall be located when they will be accessible when building is completed. SECTION 1606 - 5 K. Pull boxes shall be built of code -gauge galvanized sheet steel with covers, secured with machine screws. They shall be of size and shape to accommodate wiring without crowding and to suit location. All pull boxes shall be accessible after completion of the building. L. Rigid conduit shall be galvanized or sherardized steel and all bear the Underwriter's Laboratories label. M. Electrical metallic tubing (EMT) shall conform to NEC requirements and shall bear the label of the Underwriter's Laboratories. N. Flexible Conduit shall conform to: NEC Standard, UL approved shall be used for connection to motors only. Short connections. O. Safety switches shall be horsepower rated, type HD externally operated quick -make and quick -break, and shall be fusible or non -fusible, as indicated and with ratings as shown on the drawings, A maximum voltage, current and horsepower rating shall be clearly marked on the switch enclosure. P. Switches having dual ratings (higher ratings when used with dual -element fuses) shall have ratings indicated on metal plate riveted or otherwise permanently fastened to the enclosure. Q. Panel boards: Lighting panelboards shall be circuit breaker type with G.E. type "NLRB" or equal for connection breakers as shown on drawings. Provide a typewritten schedule of designated circuits on inside of door. R. Wire and cable shall be 600 volt insulated NEC Standard of types specified below for different applications, shJl be UL labeled and shall be color coded per code requirements. Insulating brushed or insulating fittings shall be used at raceways end. 1. Wire and cable larger than #4 shall be type THW. 2. Wire and cable #4 and smaller shall be TW unless otherwise specified. 3. Branch circuit wiring installed wiring channels of continuous rows mounted fixture shall be Type RHH-90 C. rated. 4. Conductors larger than #8 shall be stranded. 1.14 IDENTIFICATION OF SWITCHES AND APPARA Panelboards, cabinets, safety switches and other apparatus used for operation and control of circuits, appliances and equipment installed under this Contract shall be properly identified by black micarta name plates with etched white letters for each piece of equipment and shall show panel or motor it feeds and voltage class, or proper identification for piece of equipment. 2.0 PRODUCTS: SECTION 1606 - 6 2.1 INSTALLATION OF MATERIALS A. Lighting fixtures: 1. The Contractor shall furnish and install lighting fixtures, complete and r y for service in accordance with the fixture schedule and as shown by fix ure tags on drawing. 2. Fixtures shall be wirers with 90 C rated insulated conductors. Conductors in wiring channels, fixtures mounted in continuous rows shall be the same s as the circuit. 3. Fluorescent fixtures shall be installed straight and true with reference o adjacent walls. All steel use din fixture installation shall be bonde ' ed, galvanized or sherardized for protection against rust of corrosion. 4. Fluorescent fixtures shall be surface mounted unless otherwise noted on de drawings. A minimum space of 1-1/2" shall be maintained between the ceiling and the tops of fluorescent fixtures by use of rigid metal spacers. t iis applied to all fluorescent fixtures. A minimum of 2 spaces are to be provi for each fixture Q 4'-0" o.c. Provide Tomic #720 or 720B tee bar clip or equal for each spacer. B. Outlets: 1. Outlet boxes shall be standard one-piece galvanized or sherardized of sha and size suited to the particular location and shall be of sufficient size contain enclosed wires and connections without crowding. Deep boxes sl be used in conduits 1 inch and larger. 2. Junction boxes under center fixtures shall be horizontally mounted boxes or 4" square boxes with tips of boxes not more than 4" above the 3. Outlets installed behind wall cases and in or on other store fixtures, except otherwise specified shall be 4 inch square galvanized steel boxes galvanized steel covers. C. Mounting wiring devises, unless otherwise noted shall be as follows: I. Switches shall be mounted 4'-0" above rough floor and receptacles above rough floor, except as noted. 2. Receptacles and switches shall be built out from the plaster ring with m washers to provide a flush, solid, firm and true finish. Loom, wire or non-metallic materials shall not be used for this purpose. mounting extensions which bear against plaster or wood surfaces is not consid adequate. SECTION 1606 - 7 D. Conduit: 1. Conduit installed concealed in the walls or above the ceiling or exposed in work areas shall be rigid galvanized conduit, or electrical metallic tubing with compression type fittings. Conduit installed in the floor slab or underground shall be rigid galvanized. rigid metallic conduit in direct contact with the earth shall be PVC coated, Occidental Occal 40 or approved equal. Raceway ends shall be fitted with insulating type device or with insulating bushing whenever any electrical work pierces andy waterproofing, it shall be installing using waterproof equipment. 2. The Contractor shall provide necessary sleeves, and chases where conduits pass through floors and walls, and other necessary openings and spaces, all of which shall be arranged for in proper time to prevent unnecessary cutting. The Electrical Contractor shall do cutting that may become necessary in connection with the work and shall make all repairs in a manner satisfactory to the Architect. 3. Conduit seals shall be installed where conduits pass from non -cooled to cooled area. Install on the warm side. 4. Exposed conduit shall be run parallel to or at right angles with lines of the building. Bends shall be made with standard conduit elbows or conduit bent to not less than the same radius. Bends shall be free from dents or flattening. 5. Flexible conduit shall be installed for short motor connections in stud partitions, and in casework. 6. PVC conduit, Lasco or equal is approved for underground if approved by local code. E. Branch circuit wiring for lighting and miscellaneous single phase loads. 1. Unless otherwise indicated on the drawings, wires used for branch circuits shall be No. 12 type TW, protected by 20 ampere circuit breakers. Larger wires, as indicated on the plans, shall be installed to reduce voltage drop. 2. The number of wires in a conduit run is indicated by the cross lines on the conduit run. where wire size is not shown, #12 conductors shall be installed. 3. Where conduit size is shown, without size of conduit or number of wires two #12 conductors shall be installed in a 112" conduit. Otherwise sizes and types of wire and conduit shall be installed as indicated on the drawings. 4. All branch circuit wiring shall be done with identification (white) neutrals and color coded phase wires. splices and connections shall be made with pressure-type connectors or by soldering. All joints shall be taped with a covering of rubber tape, equal thickness to the conductor insulation followed by an outer covering or friction tape or vinyl tape equal to Scotch #33. SECTION 1606 - 8 5. The drawings accompanying these specifications indicate the g directions of the routes or branch circuit home runs. The Ele, Contractor shall continue all such home runs to the panel as though routes were completely indicated. F. Branch Circuit Panels: Branch circuit panels shall be installed where shown on the drawings, shall contain number and sizes of circuit breakers shown in the schedule. Bus shall be full capacity, full height for all spares and s shown. 2. A typewritten directory shall be mounted behind glass or plastic on the insi of the panel door. Included in the directory shall be the circuit number a the complete description of all outlets on each circuit. 3. Unless otherwise indicated on the plans, panels shall be installed with top trim 6'-0" above the finished floor. 2.2 BRANCH CIRCUITS A. The sizes of the conduits for the various circuits shall be as indicated in the drawin Ys and as required by code for the size and number of conductors to be pulled therei . Open ends shall be capped with approved manufactured conduit seals as soon installed, and kept capped until ready to pull in conductors. Contractor shall reviev conduit sizes for the number and size of conductors and shall increase conduit si for ease in pulling or for any conflict in code requirements. Conduits shall be concealed unless otherwise noted. B. Rigid conduit shall be used where placed underground, in concrete or where subj t to mechanical injury. The joints shall be made liquid and gas tight with red le2d. P.V.C. Schedule 40 conduit may be used underground except where prohibited by code. Ends of P. V. C. conduit runs shall be terminated with P. V. C. coated rigid s l ells and fittings and equipped with ground conductor. C. Joints, splices, taps, and connections for 600 volt conductor shall be made solderless connectors approved by the Electrical Engineer. The following connec are hereby approved: 1. For Wire #10 AWG and smaller: "Scotchlok" Buchanan connectors Marr Connectors 2. For Wire #8 AWG and larger: S & B "Lock -Tice" connectors D. Connections shall be tapped with rubber type tape one and one-half times thickness of the conductor insulation, then covered with friction tape, or p Scotch #33 or equal. SECTION 1606 - 9 E. Each circuit shall correspond to the branch circuit number indicated on the panel schedule shown on the drawings. F. Contactors controlling panels shall be "Allen Bradley" Bulletin 702 or 702L or approved by Asco only. 2.3 "AS INSTALLED" DRAWING The contractor shall provide and maintain at the job site a set of blue line prints which shall be corrected on a daily basis with every change to the Contract Documents. These changes shall include, not are not limited to, outlets, branch circuits, panels, schedules, single line diagrams, load summaries and feeder schedules. Upon completion of the project, all changes indicated shall be drawn in black ink on a set of transparencies, properly signed, subcontractor and General Contractor, dated, and will constitute the "As Built" drawings. Deliver on (1) set of Transparencies to Architect. 2.4 TEMPORARY SERVICE FOR CONSTRUCTION The General Contractor shall arrange for the meter installation, install the service and outlets required by his own and all other trades for construction purposes. 2.5 TEST A. Wiring and connections shall be tested for continuity, short circuits and improper grounds. Each lighting panel shall be tested with mains open, branches connected, wall switches closed, fixtures permanently connected. B. Each individual power circuit shall be tested at the panel or switchboard with the power equipment connected for proper operation. Failures shall be corrected in a manner satisfactory to the Architect. Contractor shall furnish necessary testing equipment and pay all costs of testing, including the cost of replacement of repairs due to damage resulting from testing, and the costs of correcting failures. C. Should these tests develop any defective materials or poor workmanship or variance with the requirements of the specifications, then the Contractor shall make any changes necessary and remedy any defects at his own expense, to the full satisfaction of the Architect. 2.6 CLEAN-UP Remove all surplus material, equipment and debris incidental to this work and leave the premises in a condition acceptable to the Architect. SECTION 1606 - 10 2.7 WARRANTIES A. Furnish a written certified warranty, in acceptable form to the Owner, in accordar with the related requirements of the General Conditions, against any defect workmanship, material and operating equipment. This warranty shall be in fol and effective for a period of one (1) year after acceptance of the installation. Und the terms of this warranty, replace and/or repair and make satisfactorily operati, any and all items and work which in the opinion of the Architect are defective a hold Owner free from any costs and liabilities in connection therewith. B. The Contractor shall provide a written 3 year warranty on lighting fixtures for parts and service including ballasts. C. The Contractor shall provide a written one year warranty on lamps for Sales Ai lighting fixtures. 2.8 ELECTRICAL CONTRACTOR The Architect reserves right to reject bidder, if in Architect's opinion, subcontractor is not qualified to complete work required by specifications. Reasons for disqualification include (1) lack of experience, (2) limited financial responsibility, (3) inability to meet schedules and/or deliver materials. 2.9 SUBSTITUTIONS For each proposed substitution, samples; descriptive and technical data, cos comparison data; and reports of tests shall be submitted to the Architect ta approval. No substitute items shall be furnished or installed without the Architect s written approval at the time of contract signing. The Contractor shall reimburse th Architect for any additional engineering charges and for any charges for changes the work of other trades resulting from substitutions. 2.10 MATEK&U AND EQUIPMENT A. Materials and equipment shall be new, of makes and kinds as specified herein or indicated on the drawings, without exception. Where the Contractor has g reason to suggest a substitution, he shall indicate the amount of extra or cre involved, at the time of contract signing, and in each instance he shall obtain writ approval from the Architect before using substitute materials or equipment. B. In the event that the Contractors makes substitutions in materials, equipment design, with or without the Architect's approval, other than those authorized here the Contractor shall then assume full responsibility for the affects of substitution on the entire project, including the engineering, and shall reimburse t Architect for any charges resulting from such substitutions, including any charges additional engineering, and including any charges, plus reasonable and custom,, markups. SECTION 1606 - 11 D. For items which no alternatives are mentioned in the specifications or drawings, the Contractors may state in his bid that "ail items will be as specified." Or, if the Contractor proposes substitutions, shall lieu of the specified item, and he shall also indicate the difference in contract cost (increase or decrease) if the proposed substitution is accepted by the Architect. *** END OF SECTION *** SECTION 1606 - 12 V CITY OF DIAMOND BAR AGENDA REPORT AGENDA �O. _, E TO: Robert L. Van Nort, City Manager MEETING DATE: April 7, 1992 REPORT DATE: April 2, 1992 FROM: James DeStefano, Community Development Director TITLE: Consideration of a Call for Review regarding an Amendment to CUP 89-551 for prop rty located at 800 South Grand Avenue (54 unit apartment complex). SUMMARY: The Planning Commission approved an Amendment to CUP 89-551 on March , 1992. The Commission also reviewed and recommended that the City Council approve Tentative Tract Ma 3 No. 51079. City Ordinances do not require the CUP to be forwarded with the TTM for Council review.n accordance with Section 22.60.200.B projects may be called up for review by the City Council. RECOMMENDATION: It is recommended that the Amendment to CUP 89-551 be called to for review. LIST OF ATTACHMENTS:X Staff Report Resolution(s) Ordinances(s) _ Agreement(s) _ Public Hearing Notification Bid Specification (on file in City Other City Council s Office) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes No by the City Attorney? 2. Does the report require a majority or 415 vote? Majority 3. Has environmental impact been assessed? Yes No 4. Has the report been reviewed by a Commission? _ YesNo Which Commission? 5. Are other departments affected by the report? X Yes No Report discussed with the following affected departments: City Attorney Robert L. Van Nort Terrence L. Belanger es DeStefano City Manager Assistant City Manager �/ Community Dev lopm nt Director MEETING DATE: TO: FROM: CITY COUNCIL REPORT AGENDA NO. April 7, 1992 Honorable Mayor and Members of the City Council City Manager SUBJECT: Consideration of a call for Review regarding an Amendment to CUP 89-551 for property located at 800 South Grand Avenue (54 unit apartment complex). ISSUE STATEMENT: The Planning Commission approved an Amendment to CUP 89- 551 on March 9, 1992. The Commission also reviewed and recommends that the City Council approve Tentative Tract Map No. 51079. City Ordinances do not require the CUP to be forwarded with the TTM for Council review. In accordance with Section 22.60.200.B projects may be called up for review by the City Council. RECOMMENDATION: It is recommended that the Amendment to CUP 9-551 be called to the City Council for review. FINANCIAL SUMMARY: N/A BACKGROUND: On March 9, 1992, the Planning Commission revs approved an amendment to CUP 89-551. Additionally, the Planning C recommended that the City Council approve Tentative Tract Map No. The project consists of a subdivision of the property for purposes and modifications to the existing development cur construction. ewed and ammission 51079. idominium ly under In accordance with City Code the Tentative Tract Map must be reviewed by the Council. The Conditional Use Permit is not automatically forwarded. Therefore, in order to review the project modifications with the map in total, a "call for review" may be in order. Pursuant to Section 22.60.200.B. of the County Code, decisions of the Planning Commission may be called up for review by the City Counc 1. This action may only be initiated by an affirmative vote of the majority of the council. The call for review process is intended as an additional afeguard to avoid results which may be inconsistent with the proposes of the Zoning Ordinance. If approved, the review of CUP 89-551 would be advertised and publ held concurrent with the Tentative Tract Map. PREPARED BY: NVO James DeStef In 0 hearing CITY OF DIAMOND BAR AGENDA REPORT AGENDA 1�0. r- , TO: Robert L. Van Nort, City Manager MEETING DATE: April 7, 1992 REPORT DATE: March 30, 1992 FROM: Lynda Burgess, City Clerk TITLE: Award of Contract for Codification of City's Ordinances SUMMARY: The City desires to provide for professional review, codification, p blication and supplementation services for Ordinances adopted by the City Council since Incorporation on A ril 18, 1989. To this end, Requests for Proposals were received from six publishing companies on March 13 1992. RECOMMENDATION: It is recommended that the City Council award a contract for professional codification and publication of City ordinances to Municipal Code Corporation of Tallahassee, Florida in an amount not to exceed $20,000 and authorize the Mayor and the City Clerk to execute the agreem ant on behalf of the City. LIST OF ATTACHMENTS:XX Staff Report Resolution(s) _ Ordinances(s) XX Agreement(s) Public Hearing Notification — Bid Specification (on file in City C rk's Office) Other EXTERNAL DISTRIBUTION: None SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed XX Yes No by the City Attorney? 2. Does the report require a majority or 415 vote? 3. Has environmental impact been assessed? Yes No 4. Has the report been reviewed by a Commission? Yes No Which Commission? 5. Are other departments affected by the report? Yes No Report discussed with the following affected departments: REVIEWED BY: l R bert L. Van Nort City Manager s "tlh- errence L. Belanger Assistant City Manager Head) CITY COUNCIL REPORT MEETING DATE: April 7, 1992 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Award of Contract for Municipal Code Codification ISSUE STATEMENT The City desires to contract for professional review, odification, publication and supplementation of Ordinances into a concise, organized document re erred to as a "Municipal Code." RECOMMENDATION: It is recommended that the City Council award a contract for professional codification and publication of City ordinances to Municipal Code Corporation of Tallahassee, Florida in an amount not to exceed $20,000 and authorize the Mayor and the City Cler to execute the agreement on behalf of the City. FINANCIAL SUMMARY: Estimates provided by the firm approximate that $17,000 will be required for legal review, codification and publication; $540 for 30 binders and $900 for software containing text of the Codes. An additional $1,560 is proposed to be added to the amount budgeted to provide for miscellaneous charges (pages in excess of those quoted, sales ax, freight, inclusion of maps, diagrams or tabular pages, etc.). The budget for FY 1991-92 contains $9,630 in account number 4040-4000, Professional Services and another $6,500 is available in unencumbered election funds. ract with the remainder of the funds budgeted in FY 1992-93 (510,400), payable as specified in the proposal. BACKGROUND: Advertising of the City's Request for Proposals was accomplished i February. Staff also sent RFP's to nationally -recognized code publishing companies. The eadline for submission of proposals was March 13, 1992 and six firms responded. DISCUSSION: The attached matrix lists services requested by the City and each firm's responses thereto. While there are several firms with quotes lower than those rrovided by Municipal Code Corporation, they either have not been in business long enough to indicate their ability to provide future service (three years in the case of Code Publishing Co.), hava limited or nonexistent experience with cities in California (American Legal, Code Publishing, SterlinCodifiers) or have not properly responded to the RI=P (Coded Systems). In addition, the City can obtain magnetic media from five of the six firms which would allow staff to automate its efforts in obtaining information, conducting research and drafting new ordinances by using existing Municipal Code text. Staff is recommending that the City obtain "Sac ates" read- only software developed by Municipal Code Corporation for text search and retrieval purposes. Data from this program can be exported into Word Perfect for staff use while mai taining the integrity of actual code text on file in the software. PREPARED . i I 1 V 88 C GA I 0m p�p tmq wm�wm f�q �w y0 �W �qm �t�/� 8 EEEEEEEE E E EE �mS E Q� E � �«�«.�'� � � . m m �,�� E `�$ m � EEEEE•E•EE S E 44mm 'Cf � cL m �o mamm m gma g ffi a .9 m ffi��mffi��ro m� mn w [�y , fAf9—$ mwQ � aN Em Ea�E�m E � m �o .9 �.9 m 8` I m E w�m pUo W W j5:' V 'm oy�O mg g I[]ory� zi { U B T a6 E �Or, 2' Spp�m � , I ffi 8m 8w 8p �N 8g85m88'' 8m 88 04UN E E x ~~ 01 E RI J _ P4 z a Nza wo Cl MapSMUM E E � U U qS 53538 $ + ���'88'888 88 8m Tom.»$ ss _ c E o o>>> EgEEEEEg > E > E 3> EE > c mg$ o E cc _ A M� O • m 9mm U S� mffi m E E W m ts` m m u B o O 0 rn �E�Ea Q a75 m m ffi Bang iv — — $gypyp 2 _ Va Z 9m� B CL SSI Z1• d <om �nwzg`mCm5£mm owXw� o 71om g -gicr ORMUS�O- � m 'stci ma� m Sm i -it con as 0 an .dv AGENDA ITEM NO. 6.1 NO DOCUMENTATION AVAILABLE AGENDA ITEM NO. 6.2 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA I O. —7, TO: Robert L. Manager, City Manager MEETING DATE: April 7, 1992 REPORT DATE: April 1, 1992 FROM: Troy L. Butzlaff, Assistant to the City Manager TITLE: MUNICIPAL SOLID WASTE COLLECTION, DISPOSAL, AND RECYCLING SERVICES CONTRACT I SUMMARY: At their March 17, 1992 meeting, the City Council directed staff to provide addi ' nal analysis on the comparative qualifications and service capabilities matrix. In order to clarify the pr ess used to evaluate the three firms, staff has developed a weighted ranking criteria which is organized into for (4) distinct categories designed to demonstrate the relative qualifications and capabilities of the three compa iies. RECOMMENDATION: It is recommended that the City Council direct staff to enter into negotiations with Western to Industries for the purpose of establishing an exclusive franchise arrangement for the provision of solid �:a s collection, disposal and recycling services within the incorporated City boundaries. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) Bid Specification (on file in City Clark's Office) — Ordinances(s) X Other Weighted Criteria Evaluation Form Comparative Matrix _ Agreement(s) Residential Collection_Jates Survev SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes No by the City Attorney? NIA 2. Does the report require a majority or 415 vote? MAJORITY 3. Has environmental impact been assessed? NIA _ Yes No 4. Has the report been reviewed by a Commission? _ Yes N No Which Commission? 5. Are other departments affected by the report? N/A Yes No Report discussed with the following affected departments: REVIEWED BY: i 4u- 1Zrbert L. Van Zoft Terrence L. Belanger Troy L. tzlaff �_ City Manager Assistant City Manager U Assis to the CifI of MUNICIPAL SOLID WASTE COLLECTION, DISPOSAL, AND RECYCLING SERVICES CONTRACT Weighted Criteria A. Evaluation Criteria: In order to effectively evaluate the comparative qualifications and se capabilities of each of the three firms under review, staff developer following weighted ranking criteria. This criteria, which is ranked accordi its perceived level of importance, is organized into four {4) distinct cater designed to demonstrate the relative practicality and conformity o-11 company's proposal to the City's integrated waste management goals. CRITERIA a Source Reduction and Recycling Principles Source Reduction Technique Recycling Program Composting Plan Public Information and Education Approach Adequacy of Resources Implementation Plan Ability to Maintain Compliance with State Waste Diversion Indemnification ® Operational Assumptions Facilities Financial Solvency Corporate Initiative ® Rate Information 0 Future Potential The evaluation process was performed on a comparative basis usinc information derived from the Request for Information package, as well a: oral board interviews conducted with each company. Although this evalu is largely subjective, it is intended to demonstrate the comparative qual tions and service capabilities of each company based upon the inform provided by each company and the independent research performed by the Ig to )ries the Is the the on s f. Source Reduction and Recycling Principles (Weight: .65 Source Reduction Technique Objective: Describe the proposed method of minimizing or red ting the quantity of solid waste generated within the City Community Disposal: Will perform waste characterization audits at commercial businesses throughout the City. Waste Management: No response given. Western Waste: Will perform waste characterization audits at commercial businessesthrouc the City. Will design tailored recycling programs for commercial businec Recycling Program Objective: Describe the proposed method for the collection of rec ble materials including the identification of facilities a markets for both the short and long-term planning pe and the contingency plans for dealing with unfor( events. Community Disposal: Residential: Commercial: Facilities/Markets: Proposes that source separated household recyclabl collected weekly utilizing an 18 -gallon container. Proposes source separated commercial recycling se out I's. :ia- /or en be es. Does not currently own and/or operate facilities to process recyclable materials at this time. Post consumer recyc able materials are taken directly to processors and/or br kers where it is processed and sold to both foreign and domestic 2 markets. No discussion of long-term marketing agreeT ents given. Contingency: Is restricted to development of proposed solid waste handling facilities. Waste Management: Residential: Proposes that commingled household recyclable be collected bi-weekly utilizing a 63 -gallon container. Commercial: No response given. Facilities/Markets: Currently operates several recycling processing centers in Sun Valley (Western Los Angeles County) and Hemet (Riverside County). Post consumer recyclable materials are presently taken directly to processors and/or brokers where it is processed and sold to both foreign and do estic markets. Has long-term marketing agreements with tone Container, Dupont, and Container Recycling Alliance. Contingency: Will utilize existing facilities. No further details given Western Waste: Residential: Proposes that commingled household recyclables w�il be collected weekly utilizing an 18 -gallon container. Commercial: Proposes that waste audits be conducted in order to d sign tailored recycling programs which meet the needs o the individual generator. Facilities/Markets: Currently operates several recycling processing/buy-back centers in Redondo Beach and Chino and a transfer sta- tion/recovery facility in the City of Carson. Has long-term agreements with Golden Recycle Company, Pot ntial Industries, Ownens-Brokery, Envirothene, Jeffe son - Smurfit, and MacLeod Metals. Contingency: Will utilize existing facilities. Can process material �n a mobile sorting line if needed. 3 a Composting Plan Objective: Describe the proposed method for the collection c waste including the identification of facilities markets for both the short and long-term planning F and the contingency plans for dealing with unfo events. Community Disposal: Collection System: yard nd/or riods ;seen Proposes the separate weekly collection of yard waste material in an unspecified sized contain r. Facilities/Markets: Does not currently own and/or operate faciliti process yard waste materials at this time. waste is taken directly to processors and/or bre where it is processed and sold to both foreigr domestic markets. Has entered into an agree with Recycled Wood Products, Inc., in Mon Park for the processing of yard wastes into amendment. Will furnish end product to City ; charge. Contingency: Has commitments from an unspecified numb corporate farms and land reclamation projecl accept large quantities of unprocessed yard w Will utilize the Sanitation Districts daily cover gram as an alternative. Waste Management: Collection System: Proposes the separate bi-weekly collection of waste material in an 63 -gallon container. )s to Yard )kers and "hent soil no r of to pro- Facilities/Markets: Does not currently own and/or operate facilities to process yard waste materials at this time. Will take yard waste material to the County Sanitation Dis- tricts for use in their daily landfill cover program No discussion of long-term marketing agreements gi en. Contingency: Is restricted to development of proposed reg composting program. 4 • Western Waste: Collection System: Proposes the separate weekly collection of waste material in an 95 -gallon container. Facilities/Markets: Does not currently own and/or operate faciliti process yard waste materials at this time. waste is taken directly to processors and/or bn where it is processed and sold to both foreigr domestic markets. Has entered into an agree with United Pacific Corporation (UPC), in San Springs for the processing of yard wastes into amendment. Will furnish end product to City charge. Contingency: Proposes to implement a full composting oper their EI Sobrante Landfill site in Riverside Co Staff Note: The California Integrated Waste Management Board doe,- recognize oe;recognize the use of yard waste as an approved alternative cover mai Therefore the use of this material in any of the demonstration grog currently being conducted at the County Sanitation District landfill sites 1 diversion creditable at this time. Public Education and Information Approach yard ;s to Yard )kers and ,hent :a Fe a soil it no at not not Objective: Describe the development of a multilingual public education and information campaign which promotes programs and activities aimed at the reduction and proper disposal of solid waste. Community Disoosal: Proposes the development of a multilingual (e.g., English, Spanish, Chin public outreach/community education campaign with emphasis given well -conceived advertising effort, assistance to non-profit organizatior conducting recycling fund raising events, and support of various commL activities that encourage recycling efforts. Will also provide a complete w management curriculum utilizing materials available from Southwest Regi Laboratories. and Refuse Industry Productions for those schools serving City. 60 ;se) o s in rite Dnal the e Waste Management: Proposes the use of multilingual (e.g., English, Spanish, Chinese, Vietnar Korean and Philippine) public information material with consideration giv the preparation of specific City oriented material as needed. Will provide two promotional mailings annually and will contribute an article to the Quarterly Newsletter. Will provide their own school curriculum program v includes regular on-site visits and recycling and waste control workshor students. Western Waste: Proposes the use a phased multilingual education and public awarE campaign with emphasis given to the design of programs aimed at sp( targetaud fences (e.g., residential, multifamily, commercial/institutional enti- assistance to non-profit organizations in conducting recycling fund ra events, and coordination of a recycling "Block Leader Program" that encoL participation in recycling efforts. Will also provide a complete waste mar ment curriculum utilizing materials available from Southwest Reg Laboratories as well as their own educational material. Has indicated tl community relations specialist will be assigned to the City to coordinat( education and public awareness campaign. Adequacy of Resources Objective: Demonstrate an ability to provide adequate resourc properly execute the provisions of the franchise agree as well as assist the City in program planning and del ment. Community Disposal: Proposes eight (8) residential and four (4) commercial collection routes. assign 12 collection vehicles and 28 full-time positions to the City. Waste Management: Proposes 15 residential and ten (10) commercial collection routes. Will as 16 collection vehicles and 16 full-time positions to the City. 11 iese, ;n to ip to ity's rhich s for ness .cific aes), ising rage age- ional fat a the s to M Will sign 6 e Western Waste: Proposes eight (8) residential and two (2) commercial collection routes. assign 11 (10 + 1 standby) collection vehicles and 10 full-time positio the City. Implementation Plan Objective: Demonstrate an ability to achieve a 25 percent an percent reduction in the volume of solid waste disposed of in landfill through a combination of s( reduction, recycling, and composting programs. Community Disposal: Places reliance on the proposed development of new solid waste facil achieve compliance with AB 939 diversion mandates. Waste Management: Places reliance on the proposed development of new solid waste faciliti( achieve compliance with AB 939 diversion mandates. Western Waste: Places highest priority on recycling to achieve compliance with AB diversion mandates. Ability to Maintain Compliance with State Waste Diversion Goals Objective: Describe the proposed system for monitoring and ing the effectiveness of programs. Community Disposal: Indicates that they will work with staff to develop meaningful diversion rep Proposed reporting methodology appears to be subject to the developme proposed solid waste handling facilities. 7 Will s to J 50 )eing furce to to 939 )its. t of Waste Management: Will produce monthly recycling reports which show type and weight of ma collected and market price for the sale of these materials. Indicates that will devote an unspecified percentage of one (1) full-time position to keep of market trends, availability of special pricing, and maintain control ovE volumes of commodities collected. Western Waste: Will produce monthly reports summarizing the operational results, �, includes the participation rate and the quantity of materials collectE commodity type, for each of the City's recycling programs. Will pr. periodic reports comparing actual program results with diversion targets, rf of the public education and awareness program, suggestions regarding diversion programs, and tracking of legislation and regulatory developn which may affect the City's achievement of AB 939 diversion targets. serial they r the hick I by vide sults new ents Staff Note: The City's permit requirements stipulate that each permitted hauler must submit monthly reports specifying the total number of accounts served by regularrecycling collection, the amoun and type of recyclable materials collected, the participation rate and the revenues derived from the sale of these materials. Western Waste is the only company currently providing a report on their recycling activities. e Indemnification Objective: Describe the level of indemnification from penalties ai fines resulting from noncompliance. Community Disposal: Level of protection is unclear and is predicated upon the accuracy of the�ity's waste characterization study. Waste Management_ Will pay, save, defend, and hold City harmless from any and all loss, expE damage, fines penalties and liability of any kind and nature whatsoeve virtue of any non-compliance with such statutory requirements, provided r by that full corporation and direction are provided to the requests and suggesti the company. Western Waste: Will indemnify the City against any penalties associated with non-compl of AB 939 diversion requirements provided that the company has exci control of the waste and recyclable material flows from compostable waste, commercial/industrial and residential waste streams for a minimi 3 years prior to December 31, 1995. II. Operational Assumptions (Weight: .20) Facilities Objective: Describe the disposal capacity of existing solid v facilities and identify plans for the future expansic these facilities or new facilities during the proposed to the franchise agreement. Community Disposal: Existing: None Planned of ince sive i�M 'aste n of m of Proposes to construct an unspecified capacity Material Recovery Facility (MRF) in the City of West Covina to process commingled curbside recyclable material and separate mixed commercial paper. Has entered into a joint venture partnership with National Tec nol- ogies, Inc., to develop a 2000 ton per day Centralized Rec very Facility (CRF) in the City of Commerce. The CRF conte t is designed to process all forms of municipal solid waste in ord Br to recover the maximum quantities of recyclable and reusable materials. The homogenized residual material in then used as a stable fuel product for the Commerce Refuse -to -Energy faci ity. Waste Management: Existing: Has a limited capacity manual processing line at their Baldwin corporate headquarters to recover commingled recyclable mat Will guarantee an unspecified amount of landfill space at 1000+ acre Valley Reclamation Landfill site in Sun Valley. 0 Park trial. their Planned: Proposes to develop, in conjunction with the Atchison, T peka and Santa Fe Railway Company, a 200+ million ton capacity waste -by -rail project in the desert approximately seven mileE east of the town of Amboy. Proposes to construct at least three 3,000 ton per day Material Recovery Facilities (MRF) in om- merce, EI Segundo, and the San Gabriel Valley. Western Waste: Existing: Will use their Recycling Processing Center in Chino to recover commingled recyclable material. Will guarantee an unspecified amount of landfill space at their 1000+ acre EI Sobrante Landfill site in Riverside County. Operates a 2500 ton per day Tra sfer Station and Recovery Facility in Carson. Will utilize this facility as a contingency should conditions warrant. Planned: Proposes to develop, in conjunction with Gold Fields Mining Company and Southern Pacific Railroad, an 400+ million ton capacity waste -by -rail project in Imperial County approximate y 38 miles east of Brawley. Proposes to construct an unspe ified capacity Materials Recovery Facility (MRF) on an 10 acrq site located in western San Bernardino County near the Citis of Ontario and Chino. Staff Note: It is estimated that the proposed Material Recovery Facility () VIRF) in West Covina could take up to three years to become fully operational. The proposed Centralized Recovery Facility (CR will be required to undergo a detailed environmental review and permitting process which could take up to three years to om- plete. Based upon this, it is estimated that it would take 4 to 5 years for this facility to become operational. The City of Baldwin Park has denied Waste Management's request to expand their Recycling Processing Center. In staffs ops ion, this will seriously impair their ability to process comms Bled recyclable materials collected in their contract cities. A draft EIR/EIS for Waste Management's waste -by -rail proja being prepared. It is anticipated that the draft EIR/EIS w) released in mid- 1992. According to Sanitation Districts estirr this project could be operationalby 1995 upon successful con tion of the environmental review process. In staff's opinion, waste -by -rail projects are too speculative and are too environs tally problematic to be considered a viable disposal alternati 10 ` is be oth M • Financial Solvency Objective: Demonstrate sufficient financial solvency to exec terms of the franchise agreement. Community Disposal: the Community Disposal is a subsidiary of Athens Disposal. Athens Disposal presently services S cities in the San Gabriel Valley including the unincorporated areas of Los Angeles County. Athens recently purchased the franchise rights and has successfully negotiated agreements with the cities of West Covina and Glendora. Waste Management: Waste Management of San Gabriel/Pomona Valley, Inc., formerly knovin as Webster's Refuse Disposal, is a subsidiary of Waste Management International the largest provider of waste collection and recycling services in the world. Waste Management of San Gabriel/Pomona Valley currently provides waste collection services to 5 cities in the San Gabriel Valley including the uninc rpo- rated areas of Los Angeles County. Western Waste: Western Waste Industries is the fifth largest provider of waste colle tion services in the United States. Western Waste currently provides waste collection and recycling services to the unincorporated areas of Los Angeles County, several western San Bernardino County cities, and the cities of Southgate, Carson, and Gardena. Corporate Initiative Objective: Demonstrate a genuine enthusiasm and ability to pay a pivotal role in the City's integrated waste manage ent program. Community Disposal: Community has indicated a willingness to ensure that all facets of AB relating to reports, public awareness and compliance, are handled at no cc the City. 11 139, ;t to Waste Mana ement: Unclear. Has the ability to provide assistance but does not specify the level of assistance to be provided. Western Waste: Western has indicated a willingness to ensure that all facets of AB 939, rel to reporting, public awareness, periodic systems and service review, compliance, are handled at no cost to the City. Staff Note: As of February 1992, Western Waste became the largestp of residential collection services in the City. Over the co the last six months, Western has grown from 4,556 acco 6,400 accounts. In comparison, Community had a growth of 190 accounts over the same six month period 435 accounts) and Waste Managementhad a significant d( in accounts, falling from 7,270 in September to 5,974 in ary. III. Rate Information (Weight: .10 See Attached Matrix Staff conducted a collection survey of franchised cities in Los Angeles a Bernardino Counties to compare current residential collection charges proposed collection charges of the three firms. Community Disposal: Of the five cities surveyed, four have an exclusive franchise with Al Disposal or one of its subsidiaries. Based on the information obtained those cities, the average monthly residential rate for weekly curbside rr collection is $9.97. Three of the five cities presently have curbside rec, collection at an average monthly charge of $1.44 (Note: Only two of the cities charge for this service). Two of the five cities have yard waste coil( at no additional charge. Waste Management: Of the five cities surveyed, four have an exclusive franchise with W Management. Based on the information obtained from those cities, the ave monthly residential rate for weekly curbside manual collection is $9.77. AI 12 pe or ting and ;e of is to to San the ;n's '0m wal ling gree `ion ,age five of the cities have curbside recycling collection at an average monthly c of $.60 (Note: Only flour of the cities charge for this service). Only one c five cities has yard waste collection for an additional $1.85 a month. Western Waste: irge the Of the five cities surveyed, four have an exclusive franchise with Western Waste (Note: Two of the four cities are in San Bernardino County). Based on the information obtained from those cities, the average monthly residential rate for weekly curbside manual collection is $11.87. Four of the five cities have curbside recycling collection at an average monthly charge of $1.50 Tote: Only three of the four cities charge for this service). None of the ities surveyed have a yard waste program. Staff Note: Several prominent surveys have been conducted on the costs of disposal, recycling, and yard waste collection. In July 1990, BioCycle magazine conducted a surve y of 21 curbside recycling programs througho t the United States and Canada. The survey found that curbside recycling costs ranged between $1.00 to $2.80/household/month. In newly contracted 'ties, the household charge for curbside collection is approximately $2.00 perm nth. Locally, the average curbside collection cost is about $ 1. 501householdlmo nth. In November 1991, Waste Age magazine printed an article entitled 'Cost Effective Composting of Yard Waste. " According to this article, a leaf-and- grass eafand- grass recycling program would cost an additional $1.17 to $1.76 perhous holo per month in a base case scenario and $1.56 to $2.88 in a worst case scenario. For communities under 53,000 inhabitants, the costs will be h her unless a regional facility for composting yard waste is used. Based on this Premise, it would appear that both Community and Waste Managemen are significantly lower than the survey average and that Western Waste is . 19 higher than a worst case scenario. Locally, the City of Walnut chrges $1.85/household/month for green waste collection. According to information obtained from the solid waste permit re, residential collection charges in the City of Diamond Bar range from $10.: $11.75 per month for manual service. Community Disposal charges a toi $10.95 per month for both waste collection and recycling services. VI Management charges $11.75 for waste collection and provides recy services at no additional charge. Western Waste charges $8.50 for 14 collection and a mandatory $2.00 additionally for recycling services for a of $10.50 per month. 13 0 to 31 of IV. Future Potential (Weight: .05) Community Dis osal: Community's lack of existing solid waste facilities and emphasis giv n to innovative but speculative solutions places their future potential to adeq ately meet the City's integrated waste management goals in question. Waste Management: Waste Management's reliance on their proposed waste -by -rail project as a solution to the City's integrated waste management goals has left them with few viable alternatives should it not become operational. 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CD CD cr CD CD 0 �n %0 CSD 0-O �3 V, o N � 0 C) D 0 sv CCD Z CD CDZ w m v to N_ Bm o CD C.0 :3 Z o O � o z CD n C- 0 M CD Cr �L -1 0 0 0 o 00 0 0 0 CD Z o O � o z CD n C- 0 M CD Cr Cil p o c C} m N r= a a C1 m a 9 C7 2 m m m m m m m o ❑ ❑ o Z N v m m " m m m m m m m m m m m m m m �Q T � � Q az �CA o� m N 4AM H m yj H RA Avi°i b! Nw N S N m ❑ m N m N m N m � ❑ m N � �� o� o ❑ m n o ro s e C J `cn° m m cNii `a D u 4 m o m z p = O z p = O z p z m m z O z p o o z 6 m Zm p n m w 3 z m � m Z z Z z Z z a Z z a a a a a m m 3 3 � C) O r r M m 0 O m z z raCn C7 'O OO r Cn r•- ;z o M- n � m -� a O Z z ❑ M a m -q C7 M Cn C7 r z O cn m X C C7 m Cl) a CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. '7, TO: Mayor and City Council MEETING DATE: April 7, 1992 REPORT DATE: April 3, 1992 FROM: Robert L. Van Nort, City Manager TITLE: Amendment to the Commission -establishment ordinances concerning the time for the rtion of a Chair and other officers. SUMMARY: At the time the City Council decided to change the date of the City Council elections, ordinances were adopted which moved the expiration date of the terms of the Planning, Parks and Recreation and Traffic and Transportation Commissions. The ordinance also changed the effective date of appointed commissioners terms. However, through oversight, the ordinances did not reflect the appropriate date for the three commissions to annually select their respective Chairperson and other officers. The proposed amendment would change the date for selecting a Chairperson and other officers to the first commission mee ' g in March, annually. RECOMMENDATION: 1) It is recommended that the City Council introduce for first reading Ordinance 24C (1989), Ordinance 25C (1989), and Ordinance 28C (1989). 2) Since the proposed changes to th ordinances would not be effective until the end of May 1992, it is recommended that the City Council direct each of the three commissions involved to reorganize at their first meeting following the April 7, 1992, ity Council meeting. LIST OF ATTACHMENTS:_ Staff Report—Public Hearing Notification Resolution(s) Bid Specification (on file in City Clrk's Office) _X Ordinances(s) _Other Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed x Yes No by the City Attorney? 2. Does the report require a majority or 415 vote? majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes x No Which Commission? 5. Are other departments affected by the report? Yes x No Report discussed with the following affected departments: RE WE BY: G Robert L. an Nort Terrence L. Belanger(Department Head) City Manager Assistant City Manager ORDINANCE NO. 24C (1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 24 (1989), AS HERETOFORE AMENDED, CONCERNING THE SELECTION OF A CHAIR AND OTHER OFFICES OF THE PARRS AND RECREATION COMMISSION The City Council of the City of Diamond Bar does as follows: Section 1. Section 5(g) of Ordinance No. 24 (1989) heretofore amended, of the City Council of the City of Diamor. Bar hereby is amended to read, in words and figures, as follc "(g) The Parks and Recreation Commission shall, at its first regular meeting in March of each calendar year, elect a chairman from among its appointed members for a term of one (1) year, and may create and fill such other offices as it may determine and shall hold regular meetings at least once a month and other meetings at such in as additional times as are deemed necessary." Section 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be pos ed in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution 89-6. ADOPTED, AND APPROVED this day of , 1992. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1992, and was finally passed at a regular meeting of the Ci Council of the City of Diamond Bar held on the day of 1992, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk of the City of Diamond Bar ORDINANCE NO. 25D (1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 25 (1989), AS HERETOFORE AMENDED, CONCERNING THE SELECTION OF A CHAIR AND OTHER OFFICES OF THE PLANNING COMMISSION The City Council of the City of Diamond Bar does or�ain as follows: Section 1. Section 5(g) of Ordinance No. 25 (1.989), as heretofore amended, of the City Council of the City of Diamon Bar hereby is amended to read, in words and figures, as follows: "(g) The Planning Commission shall, at its first regular meeting in March of each calendar year, ele t a chairman from among its appointed members for a term of one (1) year, and may create and fill such other offices as it may determine and shall hold regular meetings at least once a month and other meetings at such additional times as are deemed necessary." Section 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be poste in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution 89-6. ADOPTED, AND APPROVED this day of , 1992. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the Ci of Diamond Bar held on the day of , 1992, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1992, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk of the City of Diamond B ORDINANCE NO. 28C (1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 28 (1989), AS HERETOFORE AMENDED, CONCERNING THE SELECTION OF A CHAIR AND OTHER OFFICES OF THE TRAFFIC AND TRANSPORTATION COMMISSION The City Council of the City of Diamond Bar does ordain as follows: Section 1. Section 5(g) of Ordinance No. 28 (1989), as heretofore amended, of the City Council of the City of D Bar hereby is amended to read, in words and figures, as follows: "(g) The Traffic and Transportation Commission shall, at its first regular meeting in March of Calendar year, elect a chairman from among its appointed members for a term of one (1) year, and may create and fill such other offices as it may determine and shall hold regular meetings at least once a month and other meetings at such additional times as are deemed necessary." Section 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be pos ed in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution 89-6. 1992. ADOPTED, AND APPROVED this day of MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1992, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1992, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk of the City of Diamond B CITY OF DIAMOND BAR AGENDA REPORT AGENDA 40. TO: Robert L. Van Nort, City Manager MEETING DATE: April 7, 1992 REPORT DATE: March 17, 1992 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Agreement between the City of Diamond Bar and Caltrans, Local Streets & Roads Brch, for the Environmental Enhancement and Mitigation Program. SUMMARY: The City of Diamond Bar has received a $563,000.00 grant through the E ivironmental Enhancement and Mitigation Program to plant trees and install an irrigation system along S e Route 60. Program guidelines stipulate that Caltrans Local Streets and Roads Branch is responsible for A Iministration of the Grant Project. As such, it is necessary for the City to enter into an agreement with Cal s. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar enter into an agreement with Caltrans for administration of the Environmental Enhancement and Mitigation rogram. LIST OF ATTACHMENTS:—X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's Office) Ordinances(s) _ Other X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 415 vote? Majority 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? N/A — Yes _ No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: VIEWED B Robert L. Van Nort Terrence L. Belanger U Sid J. Mousavi City Manager Assistant City Manager City Engineer/Public orks Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 7, 1992 TO: Honorable Mayor and Members of the City Council FROM: Robert L. Van Nort, City Manager SUBJECT: Agreement between the City of Diamond Bar and the State of California Department of Transporta ion for the Environmental Enhancement and Mitigation Program. ISSUE STATEMENT Guidelines for the Environmental Enhancement and Mitigation Program stipulate that the State of California, Department of Transpo ta- tion Local Street and Roads Branch is responsible for administra- tion of the Grant Program. As such it is necessary for the City of Diamond Bar to enter into an agreement with Cal Trans. RECOMMENDATION It is recommended that the City Council of the City of Diamond Bar enter into an agreement with Cal Trans for administration of the Environmental Enhancement and Mitigation Program Grant. FINANCIAL SUMMARY There will be no impact on the City budget due to the executio of this agreement. BACKGROUND/DISCUSSION The City of Diamond Bar has been awarded a $563,000 grant thr ugh the Environmental Enhancement and Mitigation Program to plant approximately 5,500 trees and install an irrigation system a ong State Route 60 from Grand Avenue to Phillips Ranch Road. The purpose of the program is to provide funding for local agencies to mitigate the environmental impact created by the construc ion and/or modification of transportation corridors. The construc ion of the truck climbing lane on State Route 60 was the basis for the City's successful application under this program. The California Transportation Commission appropriated funds for this project and the State of California Department of Transpor- tation is the agency responsible for the administration of the grant projects. Therefore it is necessary for.the City to enter into an agreement with the California State Department of Transportation. The agreement stipulates that the project will be constructed as proposed and that State standards will be used for construction on State right-of-way. The State Department of Transportation will work with City staff during design and construction of this project. The attached agreement has leen reviewed and approved by the City Attorney. The program calls for planting trees in the State Route 60 righ of way and at Carlton J. Peterson Park. The trees planted at Peterson Park are intended to establish a screen between the park and the freeway, creating a more serene and comfortable environment for the park users. A plant establishment period of two years has been funded through the grant. Upon expiration of the plant establishment period, the City of Diamond Bar will assume the maintenance responsibility for the trees on City property and the State Department of Transportation will assume the maintenance responsibility for those trees on State right-of-way. Prepared By: Sid Jalal Mousavi CITY OF DIAMOND BAR AGENDA REPORT AGENDA ]40. 7> i TO: Robert L. Van Nort, City Manager MEETING DATE: April 7, 1992 REPORT DATE: March 18, 1992 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Landscape Architectural Service for Landscape and Irrigation Design for the Enhancement and Mitigation Program along State Route 60. SUMMARY: The City of Diamond Bar has received a $563,000 grant through the v.ronmental Enhancement and Mitigation Program to plant trees and install an irrigation system along the Slate Route 60 from Grand Avenue to Phillips Ranch Road. The City in conjunction with Caltrans has requesed proposals from Landscape Architects with previous Caltrans design experience. After review of the propmals by City and Caltrans staff, the most qualified consultant was selected. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar aw d a contract for landscape and irrigation design services to Kobata Associates in the amount not to exceed $ 9,200. LIST OF ATTACHMENTS:—X Staff Report Resolution(s) Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification Bid Specification (on file in City Other 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: VIEWED BY: Robert L. Van Nort City Manager Terrence L. Belanger Assistant City Manager X Yes Majority X Yes Yes Yes City Engineer/Public s Office) No _ No X No X No Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 7, 1992 TO: Honorable Mayor and Members of the City Counci FROM: Robert L. Van Nort, City Manager SUBJECT: Landscape Architectural services For the Environmental Enhancement and Mitigation Progr m ISSUE STATEMENT The City desires to landscape the right-of-way along State Rau 60 from Grand Avenue to Phillips Ranch Road, as such it is neces ary to secure the services of a Landscape Architect to perform plan ing and irrigation design and prepare construction documents. RECOMMENDATION It is recommended that the City Council of the City of Diamondl Bar enter into an agreement with Kobata Associates for landscape and irrigation design services. FINANCIAL SUMMARY The Consultant has submitted a not to exceed figure of $19,20 to provide the landscape and irrigation design services. The s ate grant approved for this service is $28,500. This project will not impact the City General Fund Budget. M YXI G) "(e) Z�C&10I101 The City of Diamond Bar has received a $563,000 grant through the Environmental Enhancement and Mitigation Program to plant trees and install an irrigation system along State Route 60 from Grand Avenue to Phillips Ranch Road. It is necessary that a Consultant be secured to perform the design services. As a result, the City in conjunction with Caltrans, requested proposals from qualiied consultants. DISCUSSION The design phase of the project will include landscape and irrigation design as well as preparation of complete plans and specifications for the construction phase of the project. The City and Caltrans sought proposals from pre -qualified Lands ape Architects. It is required by Caltrans that Consultant be prequalified in order to perform services for State Higlaway Improvements. The firms of Kobata Associates, Takata Associates and Edaw, Inc. submitted proposals for the design services. An evaluation criteria was utilized to review each proposal. The criteria used included prior experience in designing Calt ans landscape projects, staff's qualifications in carrying out sim Liar projects, staff's overall qualifications and thoroughness and responsiveness of the firm's proposal. After careful review of the proposals by City and Caltrans stff, the firm of Kobata Associates was ranked highest. Prepared By: Sid J. Mousavi PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day , 19 , between the City of Diamond Bar Municipal Corporation (hereinafter referred to as "CITY") KOBATA ASSOCIATES, INC. (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CITY has heretofore issued its Request for Propc pertaining to the performance of professional services with rest to LANDSCAPE ARCHITECTURE SERVICES FOR THE ENVIRONMENTAL ENHA] MENT AND MITIGATION PROJECT ALONG STATE ROUTE 60 IN DIAMOND ("Project" hereafter), a full, true and correct copy of whicr attached hereto as Exhibit "A" and by this reference made a I hereof. of a and sal ect CE - BAR is art (ii) CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct of WILich proposal is attached hereto as Exhibit "B" and by this referEince made a part hereof. (iii) CITY desires to retain CONSULTANT to per orm professional services necessary to render advice and assistance to CITY, CITY's City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professi nal services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Project: The preparation of Plans and Specifications described in Exhibit "A" hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and oher meetings conducted by CITY with respect to the project. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the Project. 1 (c) Completion of Project: The date of completion of all phases of the Project, including any and all procedu es, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings as set forth in Task 1 of Exhibit "A" hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "A" and "B" hereto and all in accordance with Federal, State and CITY stat es, regulations, ordinances and guidelines, all to the reason ble satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibits "A" and "B" to CITY within the time specified in Tast 1 of Exhibit "A". Copies of the documents shall be in such numbers as are required by Exhibit "A". CITY may thereafter review and forward to CONSULTANT comments regarding E aid documents and CONSULTANT shall thereafter make such revisionE to said documents as are deemed necessary. CITY shall receive rev sed documents in such form and in the quantities determined neces ary by CITY. The time limits set forth pursuant to this Section B2 (b) may be extended upon written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the OpilLion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSUL ANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of $19,200 for the performance of the services required hereunder. This sum s all cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below, (b) Payments to CONSULTANT shall be made by CIT in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with CONSULTANT Is proposal either with respect to hourly rates or lump sum amounts for individual tasks. In no ev nt, however, will said invoices exceed 95% of individual task to als described in Exhibits "A" and "B". (c) CONSULTANT agrees that, in no event, shall be required to pay to CONSULTANT any sum in excess of 95% of maximum payable hereunder prior to receipt by CITY of all f documents, together with all supplemental technical documents described herein acceptable in form and content to CITY. F payment shall be made not later than 60 days after presentatio final documents and acceptance thereof by CITY. (d) Additional services: Payments for additic services requested, in writing, by CITY, and not included CONSULTANT's proposal as set forth in Exhibit "B" hereof, shalt paid on a reimbursement basis in accordance with the fee schec set forth in said Exhibit "B". Charges for additional serv- shall be invoiced on a monthly basis and shall be paid by c within a reasonable time after said invoices are received by C_ 4. CITY agrees to provide to CONSULTANT: (a) Information and assistance as set fo Exhibit "A" hereto. (b) Photographically reproducible copies of and other information, if available, which CONSULTANT consi necessary in order to complete the Project. (c) Such information as is generally available CITY files applicable to the Project. ITY as nal of nal in be ule ces ITY in (d) Assistance, if necessary, in obtai ing information from other governmental agencies and/or pri ate parties. However, it shall be CONSULTANT's responsibility to make all initial contact with. respect to the gathering of such information. 5. Ownership of Documents: All documents, d ta, studies, surveys, drawings, maps, models, photographs and rep its prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identi ied materials shall be delivered to CITY by CONSULTANT. CONSUL ANT may, however, make and retain such .copies of said documents and materials as CONSULTANT may desire. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set, forth in Exhibit "B", on a pro- ata basis with respect to the percentage of the Project completed a of 3 the date of termination. In no event, however, shall CONSULIANT receive more than the maximum specified in paragraph 3(a), ab e. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and repoits, whether in draft or final form, prepared by CONSULTANT as of the date of termination. CONSULTANT may not terminate this Agreeent except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: City of Diamond Bar Robert Van Nort, City Manager 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 Kobata and Associates Roger Kobata 607 N. Anaheim Blvd. Anaheim, CA 92805 Any such notices, demands, invoices and written communications by mail, shall be deemed to have been received by the addre see forty-eight (48) hours after deposit thereof in the United St tes mail, postage prepaid and properly addressed as set forth abo e. 8. Insurance: CONSULTANT shall neither commence ork under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor sliall CONSULTANT allow any subcontractor to commence work ork a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all ime during the term of this Agreement the following policies of insurance: (a) Workers' Compensation Insurance. Be ore beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of 4 Labor Code which require every employer to' be insured aga nst liability for workers' 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 Agreement" (b) Public Liability and Property Damacre: Throughout the term of this Agreement, at CONSULTANT's sole cost and expe se, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automo ile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT's activities, providing protection of at least One Million Dollars ($1,000.000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dolars ($1,000,000.00) for property damage. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning errors and omissio s ("malpractice") providing protection of at least $1,000,000.00 for errors and omissions ("malpractice") with respect to loss arising from actions of CONSULTANT performing Landscape Architect ral Services hereunder on behalf of CITY. (d) General Insurance Requirements: All insur tnce required by express provision of this Agreement shall be car ied only in responsible insurance companies licensed to do busines in the State of California and policies required under paragr phs 8.(a) and (b) shall name as additional insured CITY, its ele ted officials, officers, employees, agents and representatives. All policies shall contain language, to the effect that: (1) the insurer waives the right of subrogation against CITY and CI Y's elected officials, officers, employees, 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 after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish ITY with copies of all such policies promptly upon receipt of them or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indenuiify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law 5 10. Assignment: No assignment of this Agreement o of any part or obligation of performance hereunder shall be m de, either in whole or in part, by CONSULTANT without the prior wri ten consent of CITY. 11. Damages: In the event that CONSULTANT f ails to submit to CITY the completed project, together with all documents and supplemental material required hereunder, in public hearing form to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of one hundred dollars ($100.00) per day for each day CONSULTANT is in default, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such a default in performance by CONSULTANT, and due to the diffic lty which would otherwise occur in establishing actual dam ges resulting from such default, unless said default is caused by ITY or by acts of God, acts of the public enemy, fire, flo ds, epidemics, or quarantine restrictions. 12. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 13. Governing Law: This Agreement shall be governe4 by and construed in accordance with the laws of the State of California. 14. Attorney's Fees: In the event any legal procee is instituted to enforce any term or provision of the Agreen the prevailing party in said legal proceeding shall be entitle recover attorneys' fees and costs from the opposing party i amount determined by the court to be reasonable. 15. Mediation: Any dispute or controversy arising ur this Agreement, or in connection with any of the terms conditions hereof, shall be referred by the parties hereto mediation. A third party, neutral mediation service shall selected, as agreed upon by the parties and the costs and exper thereof shall be borne equally by the parties hereto. In the eN the parties are unable to mutually agree upon the mediator tc selected hereunder, the City Council shall select such a neutr third party mediation service and the City Council's decision sY be final. The parties agree to utilize their good faith effort: resolve any such dispute or controversy so submitted to mediad It is specifically understood and agreed by the parties hereto t referral of any such dispute or controversy, and mutual good fe efforts to resolve the same thereby, shall be conditions precec to the institution of any action or proceeding, whether at lay in equity with respect to any such dispute or controversy. . ing nt, to an and for be ses ent be al, all to on. hat ith DdA 16. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement or promise not contained in this Agreement shall be valid and bindng. Any modification of this Agreement shall be effective only if i is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executedf his Agreement as of the day and year first set forth above: KOBATA ASSOCIATES, INC. Name and Title Approved As To Form: CITY OF DIAMOND BAR City Attorney Mayor ATTEST: 7 City Clerk