HomeMy WebLinkAbout04/21/1992CITY COUNCIL
AGENDA
Mayor — Jay C. IGm
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 Quality Management DIstactAuditorium
21665 East Copley Drive
MEETING DATE: April 21, 1992
MEETING TIME: Closed Session - 5:00 p.m.
Regular Session - 6:00 p.m.
Robert L. Van Nora
City Manager
Andrew V. Arczynski
City Attorney
Lynda Burgess
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 INTERCABLE
FOR AIRING ON CHANNEL 51, AND BY REMAINING IN THE ROOM,
YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED.
1. 5:00 P.M. - CLOSED SESSION:
Personnel Section - 54957.6
Litigation Section - 54956.9
Next Resolution No. 92-16
Next Ordinance No. 2 (1992)
2. CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: MAYOR KIM
ROLL CALL: Councilmen Forbing, Miller, Werner,
Mayor Pro Tem Papen, Mayor Kim
3. COUNCIL COMMENTS: Items raised by individual
Councilmembers are for Council discussion. Direction may be
given at this meeting or the item may be scheduled for action
at a future meeting.
4. CITY ATTORNEY COMMENTS:
5. PUBLIC COMMENTS: "Public Comments" is the time
reserved on each regular meeting agenda to provide an
opportunity for members of the public to directly address the
Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on
this agenda. Please complete a Speaker's Card and give it to
the City Clerk (completion of this form is voluntary). There
is a five minute maximum time limit when addressing the City
Council.
6. CITY MANAGER COMMENTS:
7. CONSENT CALENDAR: The following items listed on the
Consent Calendar are considered routine and are approved by a
single motion.
7.1 SCHEDULE OF FUTURE EVENTS:
7.1.1 PARKS & RECREATION COMMISSION - April 23, 1992
- 7:00 p.m., AQMD Room CC -2, 21865 E. Copley
Dr.
7.1.2 TRAFFIC & TRANSPORTATION COMMISSION - April
23, 1992 - 6:30 p.m., Community Room, 1061 S.
Grand Ave.
7.1.3 3RD ANNIVERSARY CELEBRATION - April 25, 1992 -
12:00 p.m. to 4:00 p.m., Sycamore Canyon Park,
Golden Springs Dr., north of Grand Ave.
APRIL 21, 1992 PAGE 2
7.1.4 PLANNING COMMISSION GENERAL PLAN PUBLIC
HEARING - April 27, 1992 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
7.1.5 PLANNING COMMISSION GENERAL PLAN PUBLIC
HEARING - May 4, 1992 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
7.1.6 CITY COUNCIL MEETING - May 5, 1992 - 6:00
P.m., AQMD Auditorium, 21865 E. Copley Dr.
7.1.7 PLANNING COMMISSION GENERAL PLAN PUBLIC
HEARING - May 11, 1992 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
7.1.8 SHERIFF'S QUARTERLY BREAKFAST - May 12, 1992 -
7:00 a.m., AQMD, 21865 E. Copley Dr.
7.2 APPROVAL OF MINUTES - Study Session of March 24, 1992.
7.3 WARRANT REGISTER - Approve Warrant Register dated April
21, 1992 in the amount of $521,718.22.
7.4 TREASURER'S REPORT - Receive & file Treasurer's Report
for the month of March, 1992.
7.5 RELEASE OF $8,922.60 GRADING CASH DEPOSIT FOR 1948
FLINTROCK ROAD - The City received a letter of request
from Mr. Chong Kim, Principal of Chong Kim and Associates
who are employed as architects on a proposed residence
for Mr. Sang Sik Wee at 1948 Flintrock Rd. Mr. Wee, the
owner, due to financial constraints does not feel that
construction will begin prior to October 1992, and has
requested the City release the $8,922.60 cash deposit.
Recommended Action: Approve release of the $8,922.60
cash deposit for 1948 Flintrock Rd.
7.6 GENERAL PLAN ADVISORY COMMITTEE - COMPLETION OF
RESPONSIBILITIES EFFECTIVE APRIL 23, 1992 - The City
Council desires to acknowledge and recognize the tireless
efforts of the GPAC.
Recommended Action: It is recommended that Council by
motion: (a) Officially dissolve the Committee effective
April 23, 1992; (b) Provide appropriate recognition for
all participants to include a City Tile and/or
Certificates of Recognition where appropriate.
7.7 AWARD OF CONTRACT FOR CODIFICATION OF CITY'S ORDINANCES
- The City desires to provide for professional review,
codification, publication and supplementation services
for Ordinances adopted by the City Council since
Incorporation. To this end, Requests for Proposals were
received from six publishing companies on March 13, 1992.
APRIL 21, 1992 PAGE 3
Recommended Action: Award a contract for professional
codification and publication of City ordinances to
Municipal Code Corp. of Tallahassee, Florida in an amount
not to exceed $18,440 and authorize the Mayor and City
Clerk to execute the agreement on behalf of the City.
7.8 PATHFINDER BRIDGE WIDENING PROJECT - This project
consists of the proposed widening of Pathfinder Rd.
overcrossing on State Route 57, modification of the
southerly ramp terminals and traffic signals and
construction of a park and ride lot on the northeast
quadrant of the interchange. The project has' been
determined that it will be funded jointly by Caltrans,
County of L.A. and the City. A cooperative agreement has
been developed to specify the terms and conditions under
which this project is to be engineered, constructed,
financed and maintained.
Recommended Action: Authorize the Mayor to enter into an
agreement with the County of Los Angeles and Caltrans.
7.9 1991-92 SLURRY SEAL IMPROVEMENT PROGRAM - AREA TWO - On
March 3, 1992, Council authorized staff to advertise for
bids for the 1991-92 Slurry Seal Improvement Program -
Area Two. At this time, the City desires to award a
contract to the lowest responsible bidder.
Recommended Action: Award a contract to Roy Allan Slurry
Seal, Inc. in the amount of $145,599.75.
7.10 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFI-
CATIONS FOR THE PURCHASE AND INSTALLATION OF PARKWAY
TREES IN THE CITY OF DIAMOND BAR AND DIRECTING THE CITY
CLERK TO ADVERTISE TO RECEIVE BIDS - The Council
previously authorized funds in the FY 1991-1992 budget
for tree maintenance. As part of the program, staff
prepared plans and specifications for replacement of
missing trees and seeks authorization to solicit bids.
Recommended Action: Adopt Resolution No. 92 -XX approving
plans and specifications for purchase and installation of
parkway trees and authorize the City Clerk to advertise
for bids.
7.11 INSTALLATION OF 3 -WAY STOP SIGN AT INTERSECTION OF
PATHFINDER AND BREA CANYON ROADS - In order to provide
safe and effective traffic circulation, the installation
of 3 -way stop signs is proposed for the intersection of
Pathfinder Rd. and Brea Canyon Rd. The installation
includes modification of the existing striping plans as
well. This proposal was approved by the Traffic &
Transportation Commission on February 27, 1992.
APRIL 21, 1992 PAGE 4
Recommended Action: Approve the installation of 3 -way
stop signs at the intersection of Pathfinder Rd. and Brea
Canyon Rd.
8. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.,
8.1 PROCLAMATIONS:
8.1.1 "CHILD PASSENGER SAFETY WEEK" - APRIL 26
THROUGH MAY 3, 1992.
8.1.2 "NATIONAL LAW DAY" - APRIL 30, 1992
8.1.3 "WATER AWARENESS MONTH" - MAY 1992
8.1.4 SUPPORTING ENACTMENT OF A NATIONAL EARTHQUAKE
INSURANCE AND HAZARD REDUCTION PROGRAM
8.2 UPDATE ON PLANS FOR 3RD ANNIVERSARY CELEBRATION - The
Third Anniversary of the incorporation of the City will
be on April 18, 1992. The Diamond Bar Jaycees and the
Diamond Bar Improvement Association has donated money to
conduct a community -wide Third Anniversary Celebration,
April 25, 1992 at Sycamore Canyon Park between noon and
4:00 p.m.
Recommended Action: Receive and file report.
9. OLD BUSINESS:
9.1 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 PARKS AND
RECREATION COMMISSION - First reading April 7, 1992.
Recommended Action: Approve for 2nd reading, waive full
reading and adopt Ordinance No. 24C (1989).
9.2 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 - First reading April 7, 1992.
Recommended Action: Approve for 2nd reading, waive full
reading and adopt Ordinance No. 25D (1989).
9.3 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 TRAFFIC AND
TRANSPORTATION COMMISSION - First reading April 7, 1992.
APRIL 21, 1992 PAGE 5
Recommended Action: Approve for 2nd reading, waive full
reading and adopt Ordinance No. 28C (1989).
10. PUBLIC HEARINGS: 7:00 p.m. or as soon thereafter as matters
can be heard.
10.1 PRELIMINARY DRAFT HOUSEHOLD HAZARDOUS WASTE ELEMENT - The
California Integrated Waste Management Act of 1989
(AB939) and subsequent legislation Assembly Bill 2707
requires the City to prepare, adopt and implement a
separate Household Hazardous Waste Element (HHWE) which
identifies how the City will properly reduce, collect,
recycle, treat and dispose of all household hazardous
wastes generated in the City. Pursuant to this require-
ment, the City has prepared a preliminary draft Household
Hazardous Waste Element and is now prepared to conduct
the required public hearing for the purpose of receiving
public testimony on the programs and policies addressed
within this document.
Recommended Action: Open the public hearing to receive
public testimony on the policies and programs contained
within the preliminary draft Household Hazardous Waste
Element (HHWE). It is further recommended that at the
conclusion of public testimony, all comments received be
forwarded to the JPA consultant for integration into the
final Household Hazardous Waste Element.
10.2 CONTINUED PUBLIC HEARING REGARDING CERTIFICATION OF
MASTER ENVIRONMENTAL IMPACT REPORT 92-1 AND APPROVAL OF
VESTING TENTATIVE TRACT MAPS 47850, 47851 AND 48487 - The
applications submitted request approval of a three (3)
tract residential subdivision for the development of 120
lots on 160 acres in SEA No. 15 and certification of a
Master Environmental Impact Report. The City Council
conducted Public Hearings on this application January 21,
1992 and continued the hearings to January 28, March 3,
and April 7, 1992 in order to receive public testimony
and review the project. At the meeting of April 7,
Council opened the public hearing, received public
testimony and continued the public hearing to the April
21, 1992 meeting.
Recommended Action: The Planning Commission recommends
approval of Vesting Tentative Tracts 47850, 47851 and
48487 and Certification of Master Environmental Impact
Report (MEIR) 91-2.
11. ANNOUNCEMENTS:
12. ADJOURNMENT:
I .
MINUTES OF THE CITY COUNCIL DRAFT
STUDY SESSION OF THE CITY OF DIAMOND BAR
MARCH 24, 1992
CALL TO ORDER: M/Kim called the meeting to order at
6:07 p.m. in AQMD Board Room CC -8,
21865 E. Copley Dr.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge
of Allegiance by M/Kim.
ROLL CALL: Mayor Kim, Mayor Pro Tem Papen,
Councilmen Werner and Miller.
C/Forbing was excused.
Also present were Terrence L.
Belanger, Assistant City Manager;
Andrew V. Arczynski, City Attorney;
James DeStefano, Director of
Community Development; Sid Mousavi,
Public Works Director/City Engineer
and Lynda Burgess, City Clerk.
2. ROLL CALL - PARKS AND RECREATION COMMISSION - Commissioners
Medina, Plunk, Vice -Chairman Ruzicka and Chairman Whelan. Mr.
Schey was excused.
2.1 COMMISSION CONDUCT/HANDBOOK - ACM/Belanger stated that
the Commission Handbook was discussed by each Commission
and was provided for Council review and comment.
In response to C/Miller's question, ACM/Belanger stated
that there were conflicts between the appointment date
and reorganization dates due to change of election dates.
He recommended that the Council consider resolving this
conflict.
CA/Arczynski stated that staff would present Ordinances
at a future Council meeting to amend the requirement for
annual Commission reorganizations from July to March.
2.2 PARKS & RECREATION COMMISSION WHITE PAPER elan
it
stated that when the Commission was first appointed,
was charged with developing open communication between
sports organizations and the community and to insure that
there was a balance of field scheduling among all groups.
A sports use sub -committee was formed for this purpose.
The Commission was also charged with evaluating and
reviewing existing programs and recommending improvements
to the recreation offerings in the City. The Commission
has developed a park use policy to be used as a guideline
for staff and the community in utilizing park space in a
safe and organized manner. He further reported that the
recreation program has met the current needs of the
community --fees have exceeded revenue projections and
enrollment has included over 2,000 participants. The
Commission recently reviewed the Resource Management
Element of the General Plan and concerns were expressed
regarding preservation of open space, provision of
MARCH 24, 1992
PAGE 2
adequate park lands and other recreational facilities.
These goals could be accomplished by maximizing
development of existing parks and acquiring additional
park land and other recreational facilities. He stated
that the Commission's highest priority was to develop a
master plan of parks and recreation which would include
a needs assessment. The Commission recommended that a
"line item" be added to the budget for receipt of
donations for recreation purposes. This would assure the
public that their donations would be used specifically
for that purpose. In addition, an "adopt -a -park" program
was proposed whereby civic organizations would be
responsible for the maintenance of a particular park.
C/Miller suggested that the Commission look into
opportunities for the 50 undeveloped acres at Sycamore
Canyon Park.
There being no further business to discuss, C/Whelan
adjourned the Parks and Recreation Commission meeting to
March 26, 1992 at 4:30 p.m. at City Hall, 21660 E. Copley
Drive, Suite 100.
RECESS: M/Kim recessed the meeting at 6:55 p.m.
RECONVENE: M/Kim reconvened the meeting at 7:05 p.m.
3. ROLL CALL - TRAFFIC AND TRANSPORTATION COMMISSION -
Commissioners Beke, Ury, Cheng, Vice -Chairman Gravdahl and
Chairman Chavers.
3.1 COMMISSION CONDUCT/HANDBOOK - MPT/Papen requested
clarification from the City Attorney regarding sections
entitled "failure to vote" and "reconsideration" on Page
17 of all three Handbooks.
C/Chavers stated that line 3 on Page 8, Item 2 regarding
transportation systems was a very broad statement which
could lead to questions as to the Council's direction to
the Commission.
3.2 TRAFFIC & TRANSPORTATION COMMISSION WHITE PAPER -
C/Chavers stated that the Commission sorted its issues
into three categories: 1) those that the Commission
would like to see go forward and require no immediate
attention; 2) ones that may require some immediate
attention, but are not considered a "crisis;" and 3)
those that the Commission would like to have addressed
immediately including conclusion of the Circulation
Element; protecting Tonner Canyon as a transportation
corridor pending further engineering, environmental and
economic evaluation; a policy regarding funding traffic
of signals for intersections of private streets with
public thoroughfares; and adoption of a policy regarding
application of speed humps.
MARCH 24, 1992 PAGE 3
C/Werner made the following comments: 1) on Item 6 add
"subject to available funding;" 2) on Item 7, add the
word "comprehensive;" 3) agreed with Item 15 but
recommended inclusion of all schools.
MPT/Papen stated that the Circulation Element would be
revised by the Commission prior to the Planning
Commission's hearings and recommended that light rail in
Tonner Canyon along the 57 freeway be included.
Regarding Item 3, a policy would be needed due to unequal
funding on Gas Tax allocations for private streets. She
felt that speed humps should not be used in areas that
have limits over 15 mph and suggested striping the middle
of the lane be considered.
C/Werner recommended that requirements to construct
medians should become a matter for City Council approval
rather than granting them administratively and requested
the Commission to draft a policy.
C/Chavers stated that he would like to see more
communication between the Commission and Council to
generate discussion of roles and prioritization of
issues.
There being no further business to discuss, C/Chavers
adjourned the Traffic and Transportation Commission
portion of the meeting.
4. ROLL CALL - PLANNING COMMISSION - Commissioners Li, Meyer,
Flamenbaum, Chairman Grothe. Vice -Chairman MacBride was
excused.
4.1 COMMISSION CONDUCT/HANDBOOK - C/Meyer made the following
comments: 1) Page 4, Membership, terms expiration dates
should be changed; 2) Page 6, Agenda for Meetings, should
be specific on who can place items on the agenda; 3) Page
7, Consent Calendar, should a member of the audience be
able to pull matters off the Calendar; 4) Page 17, Staff
Responsibilities --he understood that staff was to report
the essence of the Commission's deliberations and present
them to Council as well as their comments, if they are
different from the Commissions.
CDD/DeStefano stated that the policy is for staff to
forward Commission recommendations and/or decisions to
the Council.
C/Meyer also felt that the word "Planning" should be
inserted in the last paragraph on Page 17 regarding
adoption of rules and procedures.
4.2 PLANNING COMMISSION WHITE PAPER - C/Grothe expressed the
Commission's desire for more guidelines and direction
frgm the City Council and an upgrade in standards from
MARCH 24, 1992 PAGE 4
those previously set by the County, i.e., parking spaces
in shopping centers, landscape ordinances.
Following discussion, C/Grothe adjourned the meeting to
April 13, 1992 at 6:00 p.m. for a study session on the
General Plan leading to a 7:00 p.m. Public Hearing.
5. ANNOUNCEMENTS: CA/Arczynski announced that the Council
would recess to Closed Session for matters of Personnel and
Litigation, specifically City of Diamond Bar v. County of Los
Angeles.
M/Kim recessed the meeting at 9:20 p.m. to Closed Session.
7. CLOSED SESSION: Personnel - Section 54957.6
Litigation - Section 54956.9
6. ADJOURNMENT: M/Kim reconvened the meeting at 10:07 p.m.
and announced that ACM/Terrence Belanger had been appointed
Acting City Manager due to CM/Van Nort's resignation.
There being no further business to conduct, M/Kim adjourned
the meeting at 10:08 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
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
�7!'l
FROM: Linda G. Magnusoa�, Senior Accountant
SUWECT: Voucher Register, April 21, 1992
DATE: April 16, 1992
Attached is the Voucher Register dated April 21, 1992. As
requested, the Finance Department is submitting the voucher
register for the Finance Committee's review and approval prior to
it's entry on the Consent Calender.
The checks will be produced after any recommendations and the final
approval is received.
Please review and sign the attached.
CITY OF DIAMOND BAR
VOUCHER REGISTER APPROVAL
The attached listing of vouchers dated April 21, 1992 have been
audited approved and recommended for payment. Payments are hereby
allowed from the following funds in these amounts:
FUND NO. FUND DESCRIPTION
001
General
Fund
138
LLAD #38
Fund
139
LLAD #39
Fund
141
LLAD #41
Fund
TOTAL ALL FUNDS
APPROVED BY:
Linda G. Maglnuson
Senior Accountant
R ert L. an Nort
City Manager
AMOUNT
$519,400.42
756.53
134.90
1.426.37
$521,718.22
/ 4 /
Phyllis E. Papen
Mayor Pro Tem
John A. Forbing
Councilmember
+++ City at Dia a and Bar +++
RUN TIME: 13:14 64/16/92 V O U C H E R R E 6 I S T E R
DUE THRU.............64/21/92
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.T%-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION
ARA Services ARAService
691-4696-2325 26 2O421C
American Red Cross AmerRedCrs
011-4440-2346 10 21421A
American Storage LTD AmerStorag
01-4196-2140 26 28421A
Arsentrout, Phil Areentrout
641-4446-4648 6 26421A
Batricevich, Slobodan Batricevic
01-2386-1801 4 2O421D
Beke, John C. BekeJ
01-4553-410 31 28421E
Boys Club/San Gabriel Vly BoysClub
01-4555-5521 11 2O421A
CEVAER CEVAER
01-4816-2315 3 21421C
01-4114-2321 2 20421C
Chavers, J. Todd ChaversJT
641-4553-410 36 26421E
PAGE I
+ + PREPAID } +
AMOUNT DATE CHECK
-------------------------
64/15 64/21 263394
Meeting Supplies
185.56
TOTAL DUE VENDOR -------->
105.50
04/15 04/21 2311
First Aid Training -3/28
36.60
TOTAL DUE VENDOR -------->
30.00
04/15 64/21
Rent for 2 Units -May 92
153.00
TOTAL DUE VENDOR -------->
153. N
04115 64/21 6115
Ever Coord Svcs -3/36-4/10
1,151.0
TOTAL DUE VENDOR -------->
1,156.0
64/15 64/21
Cash Dep-GP/15
1,618.0
TOTAL DUE VENDOR -------->
1,616.0
64/15 64/21
TIT Con -3/12/92
46.0
TOTAL DUE VENDOR -------->
46.0
64115 64/21
Graffiti Resoval-Feb 92
1,116.68
TOTAL DUE VENDOR -------->
1,116.0
14115 64/21
General Membership 92
35.0
14/15 14/21
Child Support Policy Papr
3.0
TOTAL DUE VENDOR -------->
36.0
04/15 64/21
TIT Con -3/12/92
46.0
TOTAL DUE VENDOR ------->
46.64
}�+ City of Diamond Bar ff�
RUN TIME: 13:14 14/16/92 V 0 U C H E R R E G I S T E R
DUE THRU.............04/21/92
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TU-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION
Cheng, Diana
881-4553-4148
Colen and Lee
941-4811-4411
111-4811-4411
ChengD
41 21421E
ColenLee
8 20421A
9 20421A
Community Industries CommIndust
01-4555-5541 6 21421E
Community Sveeping ComSreep
N1-4555-5541 13 20421A
Computer Applied Systems CAS
01-4451-4431 11 24421A
Conlin Bros Spatting Good ConlinBros
01-4351-12## 69 20421C
01-4354-12## 7/ 21421C
David Evans I Assoc. DavidEvans
01-2311-1111 27 29421C
Day Titers DayTimers
##1-4511-1111 25 21421A 41/1318
Deans, Diana 216
01-3478 159 214219
PAGE 2
t PREPAID t t
AMOUNT DATE CHECK
--------------------------
14/15
44/21
TIT Comm -3/12/92
44.44
TOTAL DUE VENDOR -------->
41.99
94/15
44/21
Liability Reporting -Lanza
66.97
94/15
44/21
Liability Reporting -Scott
269.13
TOTAL DUE VENDOR -------->
358.14
14/16
14/21
March Litter Abatement
546.94
TOTAL DUE VENDOR ------->
546.99
44/15
44/21
Sveeping Svcs -3/2-3/21
5,812.81
TOTAL DUE VENDOR -------->
5,612.61
14/15
44/21
921496
Computer Maint-May 92
745.##
TOTAL DUE VENDOR -------->
745.0
/4/15
44/21
45243
Recreation Supplies
60.14
44/15
44/21
45617
Recreation Supplies
38.59
TOTAL DUE VENDOR ------->
638.73
14/15
44/21
45-2996
Profgvcs-EIR91-4
2,845.34
TOTAL DUE VENDOR ------->
2,845.39
44/15
14/21
6525616
Datebool Refill
26.47
TOTAL DUE VENDOR ------->
26.47
44/15
14/21
2222
Recreation Refund
45.0
TOTAL DUE VENDOR ------->
45.N
+t+ Citttt
RUN TIME: 13:14 84/16/92 V 0 y UCof Dia�and BH E R R E S I S T E R ar
DUE THRU.............44/21/92
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TI-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION
Dept of Transportation DeptTrans
881-4555-5581 16 26421A
Envicoa Corporation Envicom
811-2311-1111 28 24421C
Exxon
01-4311-2311
111-4131-2311
111-4216-2211
111-4211-2311
01-4131-2311
111-4434-2311
01-4311-2311
ExxonS
182 26421A
65 26421A
8 20421A
26 21421A
67 21421A
66 26421A
183 21421A
Federal Express Corp. FedExpress
01-4218-2121 9 284218
Fencon Inc. Fencon
01-4811-1281 24 26421A /1/1118
Fleet Call F1eetCall
01-4191-2131 24 28421A
Forster, Sail 219
01-3478 156 244218
Fromex Fromex
01-4111-1111 5 20421A
PAGE 3
t t PREPAID + +
AMOUNT DATE CHECK.
--------------------------
84115 84/21
121234
Signals I Lighting -Feb
351.89
TOTAL DUE VENDOR --------}
351.89
84/16 84/21
4762
ProfSvcs-TT46485-EIR91-3
12,259.18
TOTAL DUE VENDOR -------->
12,259.18
84/15 84121
1482888
Fuel -PIM
36.86
64/15 84/21
1482611
Fuel-CMgr
15.0
64/15 14/21
2162715
Brake Repair -Ping Vehicle
185.46
84/15 84/21
2183648
Fuel -Ping
18.11
14/15 14/21
2183813
Fuel-CMgr
11.48
84/15 14/21
3584416
Fuel-CMgr
14.64
14/15 14/21
3514698
Fuel -PIN
29.38
TOTAL DUE VENDOR -------}
231.42
84/15 14/21
468544646
Express Mailing -Planning
9.0
TOTAL DUE VENDOR -------->
9.0
84!15 84121
1451
Blass Top for Credenza -CC
64.0
TOTAL DUE VENDOR -------
64.0
84/15 84/21
283423
Mobile Coma Svc -April
136.58
TOTAL DUE VENDOR
136.51
14/15 14/21
2932
Recreation Refund
21.0
TOTAL DUE VENDOR -------->
21.0
14/15 64/21
File Developing -CC
23.49
TOTAL DUE VENDOR --------
23.49
ttt
City
of Diamond
Bar ftf
RUN TIME: 13:14
14/16/92
V O U C
H E R R E
6 I S T E R
PAGE 4
DUE THRU.............04/21/92
VENDOR NAME
VENDOR ID.
t f PREPAID t
ACCOUNT
PROJ.TX-NO BATCH PO.LINE/N0.
-------------------------------------------------------------------------------------------------------------------
ENTRY/DUE
INVOICE
DESCRIPTION
AMOUNT DATE CHECK
GTE California
GTE
011-4191-2125
26 2/4218
14/15 64/21
March Phone Services
1,912.65
TOTAL DUE VENDOR --------)
1,912.65
GTE California
GTE
011-4313-2126
22 20421C
04/15 64/21
Phone Service -Heritage
54.87
TOTAL DUE VENDOR --------)
54.81
GTE California
GTE
111-4191-2125
27 204216
44/15 04/21
Eser Prep Phone Svc -March
44.75
TOTAL DUE VENDOR --------)
40.75
Hi -Way Safety Rentals,Inc HiWaySafe
01-4444-2130
1 20421B
14/15 14/21
Emer Prep Equip Rental
639.51
TOTAL DUE VENDOR --------)
639.51
Huerta, David
231
N1-3476
154 20421R
04115 14/21
3216
Recreation Refund
50.11
TOTAL DUE VENDOR --------)
51.0
Intl Business
Equipment InBusEquip
001-4091-2211
22 204218
04/15 14/21
2193
Xerox Maint
329.25
TOTAL DUE VENDOR --------)
329.25
Jennings Engstrand
JenningsEn
01-4021-4121
26 204218
14/16 14/21
128813
March Legal Svcs
5,321.11
TOTAL DUE VENDOR -------)
5,321.17
Kens Hardvare
Kens
011-4310-120
12S 214218 22/1277
0 IS 14/21
54535
Park Supplies
16.32
01-4316-120
126 214213 23/1277
14/15 14/21
54549
Park Supplies
4.21
01-4311-1211
124 244218 21/1277
14/15 14/21
54579
Park Supplies
14.88
011-4310-120
131 244218 28/1277
14/15 14/21
54626
Park Supplies -Credit Memo
11.47-
01-4311-1211
123 2/421B 21/1277
14/15 04/21
54829
Park Supplies
7.18
01-4310-124
129 204219 26/1211
14/15 14/21
55013
Park Supplies
3.23
N1-4311-1211
131 20421B 27/1277
04/15 04/21
55022
Park Supplies
3.24
101-4311-120
127 214213 24/1277
04/15 14/21
55261
Park Supplies
1.23
N1-4311-120
128 244218 25/1277
14/15 14/21
55265
Park Supplies
8.61
TOTAL DUE VENDOR -------)
49.32
+++ City of D i a 0 o n d Bar +++
RUN TIME: 13:14 84/16/92 V O U C H E R R E G I S T E R
DUE THRU.............04/21/92
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION
--------------------------------------------------------------------------------------
Kir, Hyo 226
181-3418 158 29421R 84/15 04/21 2219 Recreation Refund
TOTAL DUE VENDOR-----------
Klein,
-------;
Klein, Michael 222
01-3478 155 20421R
L.A. County -Sheriff's Dep LACSheriff
"1-4411-5411 42 21421B
L.A. County -Sheriff's Dep LACSheriff
"1-4411-5411 41 2/421D
L.A.County Public
Yorks
LACPubWk
01-4331-2214
19
214218
111-4555-5512
14
244218
01-4555-5512
15
214218
01-4555-5514
9
214218
"1-4555-5515
8
244218
"1-4S5S-SS$6
21244216
44/15 14/21
441-4555-5546
21
244218
441-4555-SS19
14
21421B
01-4555-5512
9144218
92/1"14449
181-4555-5518
4
21421B
"1-4555-5542
16
244218
"1-4555-5546
14
24421B
01-4555-5534
5
214218
L.A.County Public Works LACPubWk
01-4555-5581 it 20421B
LA Cellular Telephone LACellular
"1-4131-2125 19 20421B
111-4441-2125 11 214218
14115 44/21 32"
84/16 84/21 922"
14/15 44/21
Recreation Refund
TOTAL DUE VENDOR --------)
Feb Helicopter Svcs
TOTAL DUE VENDOR --------)
PAGE 5
+ + PREPAID + +
AMOUNT DATE CHECK
--------------------------
36.88
36.81
11.18
11.11
41.31
48.31
Cont Svcs -March 92 291,217.33
TOTAL DUE VENDOR --------> 291,217.33
14/15 14/21
92111114442
Sign Inst-Sycaeore Cyn
659.52
14115 14/21
92111114443
Road Services
22.44
14/15 14/21
921"414444
Pavement Patching
21,643.66
14/15 14/21
92111414445
Pere Curb I Sidewalk
14,151.61
14/15 14/21
92111114446
Perm Butter/Sidewalk
2,654.16
44/15 14/21
921M14441
Striping/Marking Signs
631.74
44/15 14/21
92111114441
Sign Inst Est SB DBar
31.95
44/15 84/21
92/1"14449
Tree Trimming Svc
1,113.24
14/15 14/21
9211"14448
Drain Facility Maint
41.11
14115 14/21
9211"14441
Store Damage Repair
3,629.31
14/15 14/21
924"114451
Street Inspection
3,312.41
14/15 14/21
9211014454
Weed Abatement
2,661.95
14/15 14/21
92111114452
IW Service
822.64
TOTAL DUE VENDOR51,194.59
44/15 44/21 M921#"3416 Feb Trffc Signal Maint 3,235.21
TOTAL DUE VENDOR -------} 3,235.21
14/16 14/21 March Cellular Svcs-CMgr 39.27
14/16 14/21 March Cellular Svc-EePrep 51.39
TOTAL DUE VENDOR --------) 91.66
ftt City of Diamond Bar af+
RUN TIME: 13:14 04/16/92 V O U C H E R R E G I S T E R
DUE THRU.............04/21/92
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION
---------------------------------------------------------------
PAGE 6
f f PREPAID t f
AMOUNT DATE CHECK
--------------------------
LA County Registar
LACRecordr
111-4040-2391
lb 20421B
14/15 04/21
I18H
Election Chrgs-11/5/91
21,650.42
TOTAL DUE VENDOR --------)
21,651.42
Landscape West
LandscapeW
141-4541-5511
141-4541-5500
15 20421B
14/15 14/21
116995
Ditch Clean Up -Dist t41
1,124.11
16 204218
04/15 14/21
16994
Ditch Clean Up -Dist t41
364.00
TOTAL DUE VENDOR --------)
1,406.00
LePage, Richard
226
N1-3478
152 20421R
14115 44/21
2265
Recreation Refund
46.11
TOTAL DUE VENDOR -------->
46.0
Leighton and Associates Leighton
01-4551-5223
26 20421E
04/15 14/21
27269
BeoTech Review
5,882.50
TOTAL DUE VENDOR --------)
5,882.51
Lewis Engraving Inc.
LewisEngra
01-4195-2110
23 214218
14/16 04/21
111109
Tile Engraving -Potter
17.32
TOTAL DUE VENDOR -------)
17.32
Mariposa Horticultural
Mariposa
NS -4311-5311
17 26421C
14/15 14/21
3218
March Maint-Grow Park
995.00
011-4313-530
17 26421C
04/15 14/21
3208
March saint -Heritage Prk
663.0
01-4316-5311
15 20421C
04/1S 14/21
3216
March Maint-Maple Hill
629.0
011-4319-5311
01-4322-S311
17 20421C
14115 04/21
3218
March Maint-Petersen Prk
1,244.0
01-4325-5301
17 21421C
11 21421C
04115 04/21
3208
March Maint-Reagan Prk
995.01
01-4328-5311
18 24421C
14/15 14/21
14/1S 14/21
3206
3218
March Maint-Starshine Prk
415.0
01-4331-5310
26 24421C
14/15 14/21
3218
March Maint-SunitRidge
March Maint-Sycamore Cyn
1,492.0
1,528.0
TOTAL DUE VENDOR --------)
5,161.10
Mariposa Horticultural Mariposa
01-4310-1240
122 20421C
14/15 14/21
3219
Supplies
S2.2S
01-4319-2211
31 20421C
14/15 64/21
3213
PetersonPk-BrickDust
902.55
01-4319-2211
32 20421C
14/15 14/21
3213
PetersonPk-Grading
1,175.11
TOTAL DUE VENDOR ------- )
2,029.81
Markman Arczynski Hanson MarksanArc
111-4421-4121 11 26421C 14/15 14/21 GenSvcs-March 5,251.0
111-4121-4120 18 20421C 14/15 14/21 Gen Litigation 669.0
01-4421-4121 2S 29421C 14/15 04/21 SpecialLegSvc-March 594.01
TOTAL DUE VENDOR -------) 6,513.01
ttt Ctft
RUN TIME: 13:14 44/16/92 ity V O UCof Diaeond BH E R A E 6 I 5 T E R ar
DUE THRU............./4121/92
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION
-----------------------------------------------------------
Martin t Chapman Co. Martin6Cha
111-4141-1141 17 2/4P1C /l/1
PAGE 1
t PREPAID t f
AMOUNT DATE CHECK
311 14115 14121 92157 Minute Book Paper 73.95
111-4354-1214 72 20421C 42/1311 14/16 14/21 92157 Minute Boot Pa
McCovn, Lee CaptMcCorn
N1-4411-2325 6 21421C
McCullough, Mary Y29
01-3478 153 20421R
Microage Microage
01-4191-1311 7 26421C
Myers, Elizabeth MyersE
01-4211-401 34 20421C
Nguyen, Don
01-3476
P i IC Softrare
01-4131-6234
PAC Tel Paging
01-4411-2131
216
157 20421R
PiIC
7 21421B 11/1226 14/16 14/21 1226 Computer Softrare Equip 195.11
TOTAL DUE VENDOR -----> 795.0
PactelPag
11 20421C 14/15 14121 BeeperSvc-Luter 14.41
TOTAL DUE VENDOR --------> 14.11
Pacesetter Building Svcs Pacesetter
TOTAL DUE VENDOR --------> 0.14
Papen, Phyllis PapenP
01-4411-2325 57 20421D 04/15 14/21 SGVAC Monthly Mtg 16.0
TOTAL DUE VENDOR --------> 18.0
Pee
73.94
TOTAL DUE VENDOR -------->
147.89
14/15 14/21
Reim Dinner Mtg
53.25
TOTAL DUE VENDOR -------->
53.25
14/15 14/21
2621
Recreation Refund
51.11
TOTAL DUE VENDOR ------->
51.11
14/16 14/21
6493
SurgeProtectors(6)
55.29
TOTAL DUE VENDOR -------->
55.29
14/15 14/21
92DO06
P1n9CodmMtg-3/23/92
288.0
TOTAL DUE VENDOR -------->
288.0
/4/15 14/21
3233
Recreation Refund
31.11
TOTAL DUE VENDOR -------->
31.0
PiIC
7 21421B 11/1226 14/16 14/21 1226 Computer Softrare Equip 195.11
TOTAL DUE VENDOR -----> 795.0
PactelPag
11 20421C 14/15 14121 BeeperSvc-Luter 14.41
TOTAL DUE VENDOR --------> 14.11
Pacesetter Building Svcs Pacesetter
TOTAL DUE VENDOR --------> 0.14
Papen, Phyllis PapenP
01-4411-2325 57 20421D 04/15 14/21 SGVAC Monthly Mtg 16.0
TOTAL DUE VENDOR --------> 18.0
+++ Cit�f ar +++
RUN TIME: 13:14 #4/16/92 V O y U C H E R Dia■and BR E 6 I 5 T E R
DUE THRU.............#4/21/92
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION
--------------------------------------------------------
Parish, Constance Constance 213
01-3476 160 20421R
Payroll Transfer PayrollTr
111-1121 54 26421D
Pfroner, Susan 217
011-3476 15A 20421R
Postage By Phone PostByPhon
101-4491-2120 22 21421C
Public Espl Retirement PERS
01-2111-106 82 20421C
01-210-1116 63 21421C
R 6 D Blueprint
M1-4311-2111
161-4211-2110
01-4511-2111
R&DBlue
5 21421D
10 20421D
11 21421D
Radio Dispatch Corp. RadioDispa
661-4210-2130 1 214210
Radio Lab Can RadioLab
01-4311-130 8 26421D 01/1314
RonKranzerLAssoc C.E. Inc RKA
01-4553-S222 15 2/4210
PA6E E
+ t PREPAID + +
AMOUNT DATE CHECK
--------------------------
#4/15 04/21
2286
Recreation Refund
54.00
TOTAL DUE VENDOR --------
54.10
14/16 04/21
Payroll Transfer PPA
41,50.60
TOTAL DUE VENDOR --------
41,500.10
14!15 14/21
3033
Recreation Refund
23.0
TOTAL DUE VENDOR --------
23.0
14/15 14/21
Postage Replenishment
1,060.10
TOTAL DUE VENDOR ---- ---�
1®,�
04/15 04/21
RetContPP8-04/92/3
3,134.53
/4/15 04/21
RetContPP6-04/92/3
21153.62
TOTAL DUE VENDOR -------->
5,666.35
04/15 14/21
046263
Bond Paper
44.24
14/15 14/21
146201
Aerials
25.52
04/15 04/21
148206-211
Mylar Paper
153.54
TOTAL DUE VENDOR -------->
223.31
04/15 04/21
VaiverOfLiab-Ping
26.0
TOTAL DUE VENDOR --------
20.0
14/15 14/21
211416
2 May Radios-Prks
456.96
TOTAL DUE VENDOR ------->
456.96
04/15 64/21
92-6751
EngInspect
7,169.46
TOTAL DUE VENDOR
1,109.46
++t ar ++t
RUN TINE: 13:1484/16/92 CiVtOy UCof Diaeond BHER REGISTER
DUE THRU.............04/21/92
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION
-----------------------------------
San Gabriel Vly Tribune SGVTribune
811-230-1819 49 20421C
991-4219-2115 62 28421C
Securicorp Inti Inc. Securicorp
H1-4553-5531 1/ 2/421D
PAGE 5
t t PREPAID + +
AMOUNT DATE CHECK
84/15 84/21 SSVT 5677 NotPubHear-CUP91-13
84/15 84/21 SGVT 5676 NotPubHear-SenPlan 53.28
438.46
TOTAL DUE VENDOR --------} 463.68
84/15 84/21 12466
Security Pac Nati
Bank
SecurityPa
27 21421D 11/1312
01-4111-2111
111-4111-2311
1
29421D
14/15
64/21
111-4111-2325
56
21421D
14/15
14/21
111-4111-2331
52
26421D
14/15
14/21
111-4111-2338
53
21421D
14/15
14/21
"1-4114-2331
54
21421D
14/15
44/21
Security Pac Natl
Bank
SecurityPa
01-4134-2325
46
244210
14/15
14/21
111-4138-2325
47
20421D
14/15
84/21
01-4831-2338
23
20421D
84/15
84/21
Siegler Life SimpleLife
"1-4448-120 11 21421D 61/1325
Sir Speedy
SirSpeedy
041-4511-1118
27 21421D 11/1312
01-4111-2111
16 20421D
01-4131-2111
7 214P1p
111-4154-2111
9 20421D
01-4354-2111
1 21421D
01-4515-2111
13 29421D
"1-4211-2111
11 20421D
So Ca Assn of govern eeots SCAS
01-4131-2315 6 244210
84/15 14/21 5749
04/15 14/21 6551
14/15 14/21 6675
14/15 64/21 6675
14/15 44/21 6675
14/15 14/21 6675
14/16 14/21 5763
14/15 W/21 a&"
14/15 14/21 412-41
Cross Grd Svc -March
TOTAL DUE VENDOR -------->
Fuel
Mtg-DBPageant-Papen-3/15
Ntg-SB1718-3/24
S91716 -Lodging 3/22-24
City/ChaeberRetreat-1/13
TOTAL DUE VENDOR -------->
Ch8eberMtg-CMgr-2/27
Mt9-LACTC-CMgr-3/21
LegisMtg-CMgr-3/25
TOTAL DUE VENDOR -------->
First Aid Supplies
TOTAL DUE VENDOR
Stationary Supplies
BusCard-Werner
BusCards-VanNort/Bel
BUSCards-Saul
BusCards-Strertnik
HHWE Printing/Copies
Sen Pian Posters
TOTAL DUE VENDOR------�
MeebershipDues-92/93
TOTAL DUE VENDOR -------
6,616.17
6,616.17
16.1S
19.75
111.91
179.93
95.66
422.59
22.61
21.66
165.16
226.75
122."
122.11
13.62
21.62
43.64
45.69
45.69
46.16
61.44
277.96
4,172.0
4,172."
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+++
RUN TINE: 13:14 #4/16/92 City V 0 UCof Diaaand BH E R R E 6 I 5 T E R a 4+f
DUE THRU.............04/21/92
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION
Totter Testimonial Dinner Totter
881-4818-2325 56 20421D
Towne Center Travel TawneCente
"1-4818-2338 55 20421E
881-4030-2336 25 18421E
Unionwide Inc. Unionwide
"1-2300-1810 50 20421E
United Way UnitedWay
"1-2110-1009 26 20421E
Unocal Unocal
"1-4030-2310 66 20421E
Ury, Donald Uryl
01-4553-41" 39 28421E
Van Nort, Robert L. VanNortRob
"1-4038-2338 24 20421E
Walnut Vly Yater Dist YVYaterDis
136-4536-2126 32 21421E
Yang, David 227
01-3478 151 264218
PAGE 11
+ + PREPAID t +
AMOUNT DATE CHECK
--------------------------
84/15 84/21
RetireDinner-Papen
35.88
TOTAL DUE VENDOR --------;
35.08
04/15 84/21
Sac-SB14061-Papen 4/8/92
31.88
04/16 04/21
Sac-SB14061-CNgr-4/8/92
31.00
TOTAL DUE VENDOR --------;
62.08
04115 04/21
ZC,CUP,DT-TR51169 Refund
5,950.00
TOTAL DUE VENDOR ------->
5,950."
O4/1S 04/21
Contribs-PP4-PP7
134.00
TOTAL DUE VENDOR --------
134."
84/15 04/21 234629
fuel-ACMgr
17.59
TOTAL DUE VENDOR -------
17.69
84/15 14/21
TIT Coa-3/12/92
41."
TOTAL DUE VENDOR -------->
40."
84/1S 64/21
Reim -Sac -581416-4/6-4/7
69."
TOTAL DUE VENDOR
69."
84115 14/21
WaterSvc-LLAD#38
117.25
TOTAL DUE VENDOR -------->
117.25
14/15 14/21 3226
Recreation Refund
32.80
TOTAL DUE VENDOR -------->
32."
ttt City of Diaaond Bar tft
RUN TIME: 13:14 04/16/92 V O U C H E R R E G I S T E R
DUE THRU.............04/21/92
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TX—NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION
PAGE 12
f i PREPAID t t
AMOUNT DATE CHECK
-------------------------
TOTAL PREPAID -----------> 0.00
TOTAL DUE ---------------> 521,716.22
TOTAL REPORT ------------) 521,716.22
RUN TIME: 13:14 04/16/92
+}*
ty
Ci ++
of Diaeond Bar +
V D UCH E R R E G I S T E R PAGE 1
FUND SUMMARY REPORT
DUE THRU.............04/21/92
FUND-----------
DISBURSE
6/L
DIRECT PAY
6JE WILL POST 6JE HAS POSTED FUTURE TRANSACTIONS
REVENUE
- ---------TOTAL
EXPENSE REVENUE EXPENSE REVENUE EXPENSE
---------------------------------------------------------------
0016eneral Fund
519,400.42
75,049.43
400.00 443,950.99
141LLAD 141 Fund
1,426.37
1,426.37
13ALLAD 136 Fund
15633
156.53
139LLAD 139 Fund
134.90
134.90
TOTAL
------------
------------
LL FUNDS
521,716.22
75,049.43
------------------------------------
460.06 446 268.79
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. `1
TO: Honorable Mayor and City Council
MEETING DATE: April 21, 1992 �yrl REPORT DATE: April 14, 1992
FROM: Linda G. Magnuso , Senior Accountant
TITLE:
Treasurer's Report - March 31, 1992
SUMMARY:
Submitted for Council's review and approval is the Treasurer's Statement for
the month of March 1992.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS:
X Staff Report _ Public Hearing Notification
Resolution(s) _ Bid Spec. (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
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:
Yes_ No
Yes X No
Yes X No
Yes X No
ALVIhwtu by:
QL
Obert L. Van Nbrt Terrence L. Belange Li da G. M44huson
City Manager Assistant City Mana er Senior Accountant
F:\WP51\AGENDA\COVER.FRM
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: April 21, 1992
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - March 31, 1992
ISSUE STATEMENT:
Per City policy, the Finance department presents the monthly Treasurer's
Statement for the City Council's review and approval.
RECOMMENDATION:
Approve the March, 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 March 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:\NP51\NORK\AGENDA\AGE-RPT.FRM
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
March 31, 1992
GENERAL ND
$5,425,739.57
$975,829.21
$775,437.03
$5,626,131.75
TRAFFIC SAFETY FUND
45,818.57
2,662.80
48,481.37
GAS TAX FUND
2,215,236.64
52,699.21
1,641.52
2,266,294.33
TRANSIT TX (PROP A) FD
778,387.87
423.17
412,500.16
366,310.88
LOCAL TRANSPORTATION FD
0.00
FEDERAL AID URBAN FUND
0.00
0.00
INTEGRATED WASTE MGT FD
11,965.02
6,603.25
4,349.25
000
14,219.02
OTS FUND
(57,584.34)
(57,584.34)
AIR QUALITY IMPRVMNT FD
4,192.64
6,560.35
10,752.99
STATE PARK GRANT FUND
0.00
PARK FEES FUND
15,346.00
0.00
15,346.00
LANDSCAPE DIST #38 FD
56,371.34
6,343.66
50,027.68
LANDSCAPE DIST #39 FD
180,994.66
8,085.53
172,909.13
LANDSCAPE DIST #41 FD
84,997.50
3,009.71
81,987.79
GRAND AV CONST FUND
504,087.43
666.56
503,420.87
TRAFFIC MITIGATION FEE FD
342,407.37
342,407.37
CAP IMPROVEMENT PRJ FD
52,649.80
3,004.00
49,645.80
SB 821 FUND
19,759.85
19,759.85
SELF INSURANCE FUND
247,898.70
247,898.70
TOTALS
$9,928,268.62
$1,044,777.99
$1,215,037.42
$0.00 $9,758.009.19
SUMMARY OF CASH•
DEMAND DEPOSITS:
INVESTMENTS:
GENERAL ACCOUNT $127,158.25
PAYROLL ACCOUNT 337.00
PETTY CASH ACCOUNT 500.00
TOTAL DEMAND DEPOSITS
TIME CERTIFICATES
COMMERCIAL PAPER
L.A.I.F.
TOTAL INVESTMENTS
$0.00
0.00
9,630,013.94
$127,995.25
9,630,013.94
TOTAL CASH $9,758,009.19
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Robert L. Van Nort, City Manager
MEETING DATE: April 21, 1992 REPORT DATE: April 13, 1992
FROM: Sid J. Mousavi, City Engineer/Public Works Director
TITLE: Release of $8,922.60 Grading Cash Deposit for 1948 Flintrock Road
SUMMARY: The City received a letter of request from Mr. Chong Kim, Principal of Chong Kim and
Associates who are employed as architects on a proposed residence for Mr. Sang Sik Wee at 1948 Flintrock
Road, Diamond Bar. Mr. Wee, the owner, does not believe that his financial situation will enable the start
of construction prior to October 1992, and has requested that the City release the $8,922.60 cash deposit.
RECOMMENDATION: It is recommended that the City Council approve the release of the $8,922.60 cash
deposit for 1948 Flintrock Road.
LIST OF ATTACHMENTS: X Staff Report
Resolution(s)
_ Ordinances(s)
_ Agreement(s)
Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
_ Other
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed _ Yes X 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:
�•
Robert L. Van Nort Terrence L. Belanger �K Sid J. Mousavi
City Manager Assistant City Manager City Engineer/Public Works Director
MEETING DATE:
TO:
FROM:
SUBJECT:
ISSUE STATEMENT
CITY COUNCIL REPORT
AGENDA NO.
April 21, 1992
Honorable Mayor and Members of the City Council
Robert L. Van Nort, City Manager
Release of $8,922.60 Grading Cash Deposit For
1948 Flintrock Road
This report requests the release of a grading cash deposit for 1948
Flintrock Road.
RECOMMENDATION
It is recommended that the City Council approve the release of the
$8,922.60 grading cash deposit for 1948 Flintrock Road.
FINANCIAL SUMMARY
This recommendation will have no financial impact on the City's
Fiscal Year 1991-92 budget.
BACKGROUND
On October 2, 1991, the City of Diamond Bar issued Eden
Construction Company with a grading and retaining wall permit.
Prior to issuance of the permit Eden Construction was required to
deposit $8922.60 with California Center Bank on October 1, 1991, in
lieu of a grading bond.
DISCUSSION
On March 2, 1992, the City received a letter from Chong Kim,
Principal of Chong Kim & Associates who are employed as architects
on a proposed residence for Mr. Sang Sik Wee at 1948 Flintrock
Road, Diamond Bar. On behalf of Mr. Wee, Chong Kim & Associates
requested a refund of all permit fees and the grading cash deposit.
Mr. Wee does not believe that his financial situation will enable
the start of construction prior to October of 1992, which is when
his permits are due to expire. In addition, the contractor bids
submitted were higher than anticipated. These circumstances, along
with the general economic recession, have caused Mr. Wee's lending
institution to delay the release of the construction loan money for
an indefinite period of time.
Prepared By:
Sid Jalal Mousavi
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Municipal
Code
Corporation
April 1?, 199?
:vis. I-V Burgess
Ci*v Clerk
(-'irk• Dail
2MF60 East Copley Drive, Shite. io0
Diamond Bar, Califurnia 91765-4177
Dear 'pis. Burgess:
Thank you for tallying with Dale Barstow �.onCCTnmg tlic codification project
for the City of Diamond Bar.
To answer your questions we submit the following.
(1 1) Freight charges to ,ship Codes to City .. - - - _ . _ $15o
(2) Sales tax ....................... ..... none
MCC does not collec:.t California sales tax
Socrates, search and retrieval program,
tingle user ..... . . . . . . .
Updating, per page ..... - .. ..... $i.tlti
(4) Time Schedule:
(a) Submission of analysis report ...... , , 5 months
after receipt of material and ;oatract.
(h) Submission of proofs to City ........ 4 months
after completion of editorial conference.
(c) Delivery of completed Codes to City ... 3 months
after return of proofs.
We applocialr your i►itesresl and lot -AL Lforw<ird Ire working with ycm and hVittg, of
service to the City of Diamond Bar. If you have further questions please call.
Post Office Box 2235
1700 Capital .itc!e, S.W.
Tallahassee, Ft 32310
;904) 576-3171
1-900--162-CODE (Nacional
1-800.342-CODF ,Fiotida; 11LL,�js
Since rly,
+.A.WtolLan fo d
President
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CITY COUNCIL REPORT
MEETING DATE: April 21, 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
Publication and supplementation of Ordinances into a concise, organized d review,
a Municipal Code."codification,
„document referred to as
RECOMMENDATION: It is recommended that the City Council award a
codification and publication of City ordinances to Municipal Code Cor oration for professional
p anon
Florida, the lowest responsive bidder, in an amount not to exceed $18,440 and authorize the Mayor
and the City Clerk to execute the agreement on behalf of the City.of Tallahassee,
FINANCIAL SUMMARY:
Municipal Code Corporation estimates that the final Code will consist of
900 pages and that $17,000 will be necessary for legal review, co
Additional costs will include $540 for 30 binders;
A sales tax will i added since the vendor is out of state. codification $ and publication.
$ 150 for freight charges and $ 750 for software,
account, number 4040-4000, currently has a balance of $9,500 and $6,500
le in
unencumbered election funds. The remainder te. The City Clerk's Professional Services
93. of the funds, S2,440, would be budgeted n FY 1992 -
BACKGROUND: Prior to preparation of the Request for Proposals and a
Attorney, staff assembled a 2,014 page rough draft of current Ci t the direction of the City
pertinent County Codes adopted upon Incorporation. The material was then scanned
in WordPerfect format on floppy City Ordinances merged with
diskettes for re -write and editing. Copies of the dkettes were
given to prospective publishing companies to estimate the number ofa es in the final document.
These estimates range from 500 pages to 1,000 pages for the City's fin
P g
Advertising of the Request for Proposals took place in Fe y al Code.
numerous nationally recognized code bruary 1992 and staff sent RFP's to
publishing companie. The deadline for submission of
proposals was March 13, 1992, with six firms responding. s
DISCUSSION: The attached matrix lists services requested by the
responses thereto. Municipal Code Corporation has been selected by staff as hand each firm's
e desired vendor
based on the following facts:
1 Number ofyearc
i_Q_bm&_nUL The firm has been in the business of
codification services to cities and counties for over 40 years. This means that th
expect to receive annual supplements from this firm m future providing legal
Code Publishing Company from the prospective vendor list due a City can
years. Staff has eliminated
three years. to only being in business for
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Hdfi CINOJIVIQ 30 A.LI0
Municipal
Code
Corporation
Post Office Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32316
(904) 576-3171
1 -800 -262 -CODE (National)
1 -800 -342 -CODE ( Florida)
March 11, 1992
Ms. Lynda Burgess
City Clerk
City Hall
21660 East Copley Drive, Suite 100
Diamond Bar, California 91765-4177
Dear Ms. Burgess:
Thank you for the Request for proposals for codification of the ordinances of the City
of Diamond Bar. Pursuant thereto, we are pleased to enclose our proposal for
consideration. As you will note, we have adopted the City's proposal form with the
inclusion of a Quotation Sheet in the front of the proposal, and a resume of our staff
following the proposal.
In analyzing the requirements of the City, as provided in Part I of the Scope of
Services, we would like to clarify the following:
(1) State law - We have the California Codes in our library. They will be
thoroughly researched against your ordinances. State law references will be
inserted which include citations to the California Codes.
(2) Federal law - The United States Code and the Code of Federal Regulations
are available for our use at the Florida Supreme Court Library and the Florida
State University Law School Library. We maintain a file of U.S.C. and C.F.R.
provisions which are preemptive or in some way affect municipal laws. This
file is updated by the use of numerous publications which we subscribe to in
order to stay current with the latest federal laws. While we do not research
every ordinance against the U.S.C. or C.F.R., we do research our files and
then refer to the U.S.C. and C.F.R. as necessary.
(3) Case law - We have access to all necessary case law reporters and to
Shepard's in the Florida Supreme Court Library and the Florida State
University Law School Library. We maintain a file of reported cases which
affect municipal laws. This file is updated by the use of numerous publications
which we subscribe to in order to stay current with the latest case laws. While
we do not research every ordinance against all reported cases as to every
possible legal issue, we do Shepardize the Code, research our case law files
and refer to the case law reporters as necessary.
aG19x qOV—S75-885'Q
Ms. Lynda Burgess
March 11, 1992
Page 2
We feel strongly that the service received from MCC is unsurpassed in every aspect. Consider,
for instance:
Our experience. MCC has published over 2100 Codes in 49 states - over a period of 40
years. Our 13 attorneys have an average tenure of over 12 years with the company, and
a combined 165 years' experience in editing city codes.
Our legal expertise. One attorney works exclusively on your project, personally doing the
research and analysis, and personally meeting with you at a conference to discuss his/her
findings. You cannot find more thorough research and analysis.
Our personal touch. No one makes more helpful suggestions nor spends more time, in
person, with you working on solutions to problems. We believe face to face
communication is the only way to exceed your expectations.
The enclosed materials include, in addition to our proposal, a list of our clients, a proposal
comparison worksheet and a pictorial brochure with several fliers in the back pocket. We are
also enclosing a copy of the new Los Gatos Code. If you have any questions concerning our
proposal or desire additional information, please do not hesitate to call us on our toll free
number.
In addition to the California cities and counties on the enclosed listing, we have recently entered
into a contract with Hemet and hope that we will have the pleasure of working with you and
serving the City of Diamond Bar.
Since ly,
A. on Langf rd
President �-
ALLJjs
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Professional Services Proposal
for
Diamond Bar, California
March 11, 1992
Municipal Code Corporation
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QUOTATION SHEET
(A) CODIFICATION:
(1) Base Cost
(2) Base Cost includes:
(a) Legal Review
(b) Conference with Attorney
(c) Sample Ordinance Service
(d) Conference Memorandum
(e) Editorial Work
(f) Typesetting and Proofs
(g) Indexing
(h) Printing
(i) Number of copies
(ll) Please choose desired format
(estimated pages)
8-1/2 x 11 inches, single column
[] 8-1/2 x 11 inches, double column
(3) Base Cost does not include:
(a) Excess or fewer pages will be charged or
deducted as follows: (No charge for blank pages)
(i) 8-1/2 x 11 inches sin 1
$17,000
kne
900
650
1
g e column
(ll) 8-1/2 x 11 inches, double column
$16.00
$24.00
(b)
30 binders, each
including divider tabs
$18.00
(c)
(d)
Tabular matter, additional per page
Magnetic media
$8.00
(e)
Freight charges
negotiated
invoiced upon shipment.
Prepaid
1
(B) LOOSELEAF SUPPLEMENT SERVICE
(1) Annual fee for Supplements
(2) Number of copies
(3) Cost per page
(a) 8-1/2 x 11 inches, single column
(b) 8-1/2 x 11 inches, double column
(c) Tabular matter, additional per page
(d) Updating magnetic media
(C) PAYMENT
(1) Upon signing of the contract
(2) Upon submission of the ordinance analysis and report
(3) Balance upon delivery of Code.
(4) Payment for the Looseleaf Supplement Service will be
due upon receipt of an invoice. Supplements will be
invoiced when shipped.
(5) Freight charges will be prepaid and invoiced at time
of sinal billing.
none
30
$18.00
$22.00
$8.00
negotiated
$4,000
$6,000
REQUEST FOR PROPOSAL FOR
THE CITY OF DIAMOND BAR, CALIFORNIA
SCOPE OF SERVICES
PROFESSIONAL CODIFICATION SERVICES
The City of Diamond Bar seeks a qualified, professional codifier to
review, revise, recodify and update its ordinances and related
legislative materials. Proposals should include, but not be
limited to, the following services and materials:
I. Legal Analysis. The codifier shall undertake a comprehensive
analysis of the City's ordinances to ensure the validity,
consistency and enforceability of all code provisions.
Internal discrepancies such as duplications, ambiguities,
outdated terminology and omissions should be identified, and
suggestions offered for their resolution.
City ordinances will be carefully reviewed by qualified legal
personnel for apparent conflicts with California statutes,
California case law, Federal laws and decisions of the U.S.
Supreme Court.
The results of this analysis shall be submitted in a written
report to the City for review. This report will include
appropriate case citations and case law references to support
the codifier's findings and recommendations. Sample
ordinances will be provided to the City to assist with the
drafting of new and amendatory legislation.
A conference between the codifier and a representative of the
City will be arranged for a review and discussion of the
report and its recommendations.
II. Codification. The codifier shall propose an organization for
the code which provides for the logical arrangement of
subjects into titles, chapters and sections. This
organization is subject to the City's approval.
All enactments, amendments and repeals shall be incorporated
by the codifier into the text and historical citations added
to each section tracing the legislative origin of that
section. A general table of contents will be provided, as
well as tables at the beginning of each title and chapter to
indicate their respective contents.
All typographical, spelling, grammar and usage errors shall be
corrected by qualified editors and proofreaders. Substantive
changes shall not be made in the code text without the prior
approval of the City Attorney.
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PROPOSAL FOR THE CODIFICATION OF THE CODE OF ORDINANCE
FOR THE CITY OF DIAMOND BAR, S
BLICATI
THIRTY (30} COPIES OF THE CODE PLUSON OF
SUPPLEMENTATION SERVICE.
1, PARTIES. The parties to this contract are the Cit
Bar (hereinafter Municipality) and Munici al
(hereinafter Company), C °f Diamond
Code Cor oration
2. GENERAL TERMS.
that this It is the general intention of
proposal provide for the the Parties
Publication of the code of ordinances of codification
This proposal covers the Municipality.
Publication of thirtthe editorial work, indexing y•
single or double nliim„ (30) copies of the g' and
style of format. A sample code in
printing is attached to the end of page showing the
g
3• CHARGE FOR EDITORIAL Proposal.
QUOTATION SHEET) AND PRINTING SERVICES.
3.1• Base charge for XXXX (SEE ATTACHED
'Page code
3.2 • Charge for $XXXX
more than XXXX
3.3. pages,
per page $XXXX
Partial •
pages will be charged as full pages.
3.4• No charge g for blank pages.
4. BINDERS. (SEE ATTACHED
QUOTATION SHEET)
4.1. Standard mechanical looseleaf binde
An appropriate title, a rs $XXXX
shall be imprinted on each binder the Municipality,
4'2' At an additional cost
the Municipality can select
an alternate binder.
5• 'TABBED DIVIDER PAGER.
pages for the main sections The Company will supply tabbed divider
(Additional tabbed title divider Of ehe code
cost. at no charge.
pages s are available at extra
6 • MAP. DIAGRABt OR TABULAR PAGES. (SEE ATTACHED
6.1• There will be an extra charge for each map,
SHEET)
or tabular page of map, diagram
6.2. This char e a $XXXX
g applies to the basic code and to future
supplements
7• FREIGHT CHARGES. F.O.B. $XXXX. (SEE ATTACHED
QUOTATION SHEET)
4
The codifier shall
subjects keyed to develop an alphabetical
the code,the title and chapter index of
facilitate tAppropriate cross hall a code
location references shall be included ystem to
shall also include °f information
indicatinga chronolo in the text. The code
code the topic of each ordinance table of
text, ordinances
and its location in the
III. Pub ication.
review and The codifier shall submit
codification work, and the Prices for t
and (B)
code in; he above
(B) a double- (A) a single column Publication of the
Pages ' these column 8 1/2" x 11" 8 1/2" x il" format,
accompanyStyles format. Examples of
Of the P two
a. I Prepared by the code
thirty (30) co Prices will includecthefier, should
ring binders copies the complete code, Publication
tabbed and or expandable Plus thirty
divider pages for the Post binders o (30)
main portions of and customized
IV. U dates. The the code.
supplements. proposal shall include prices
style of New ordinances will be for annual
tables the code and all codified code
and indexes shall be history notes to match the
updated. il cross references,
V. References and
be carried ualifidations. A11 work to be
include cut by Qualified personnel. Performed shall
Of at a list of shall
current clients Proposals
least three munici and the names and addresses
Projects of approximately the samefere references for
Of Diamond Bar's. codification
and scope as the City
VI. S
'du__�EE ,
time schedule for the com Proposals shall include an estimated
time for supplements. completion of the
project and turnaround
VIT. Deadline fo
Pro o als. Proposals will
City of Diamond Bar until Friday, March 13, accepted
Proposals should be Pted by the
Clerk, Cit addressed to Ms. 1992 at 2:00 p.m.
Bar CA 91765-4177. 21660 E. Copley Drive, ynda Burgess, City
Suite 100, Diamond
Technical questions re
to: Lynda Burgess, (73-4) 860 this project should be
g , ) 860-2489. directed
The City shall review all
suits the needs of the city-
to determine
reject which best
the ct all proposals for any The City reserves the right to ht
er to
details and achieve with the selected vendor so reserves
the best overall code to clarify
for the City.
3
8.
M
SALES TAX. If a sales tax is applicable to this work, the
amount of such tax will be added to the costs quoted in this
contract.
PAYMENT SCHEDULE. (SEE ATTACHED QUOTATION SHEET)
9.1. On signing of the contract, XXXX dollars ($XXXX) is
due for payment.
9.2. An additional XXXX dollars ($XXXX) is due when the
Ordinance Analysis and Report is submitted to the
City Attorney.
9.3. The balance of the total cost of the code is due on
delivery of the code books to the Municipality.
9.4. By written agreement signed by the Company and the
Municipality, the payment schedule may be extended
over a longer period. Balances due later than 60
days after delivery of the code books are subject
to a late charge. A late charge of 1% per month
may be imposed on all past due amounts.
10. WORKING COPIES OF ORDINANCES. The Municipality will supply to
the Company two (2) legible working copies of each ordinance.
If working copies are not available, the Municipality will
make the ordinances available for duplicating. The Company
will make duplicates of the ordinances necessary to the code
and will charge the Municipality the Company's cost of having
the ordinance duplicated.
11. TIME FOR COMPLETION.
11.1. Time is of the essence. It is the intention of the
Company, with the cooperation of the Municipality,
to deliver the completed codes to the Municipality
within one year of the receipt of codification
material from the Municipality.
11.2. Should delivery be delayed because of the
Municipality's delay in performing its duties
according to this contract, the Company shall have
the right to increase the final cost of the code to
compensate for any increase in labor, materials or
overhead costs.
12. ORDINANCE ANALYSIS AND REPORT. The Company will, under the
supervision of the City Attorney, prepare an Ordinance
Analysis and Report upon receipt from the Municipality of the
material to be included in the codification. In preparing
this report, the Company will:
5
13.
12.1.
12.2.
12.3.
12.4.
Examine all existing ordinances of a general and
permanent nature or imposing a fine, penalty or
forfeiture. The company will separate and arrange
such ordinances logically according to and subject chapters
numbered titles (first division)
(second division). Each division will contain
provisions similarly related and complete within
themselves.
Examine the Municipality's provisions for apparent
improprieties and conflicts. Whereconflicts,
inconsistencies or ambiguities are apparent
Company, they will be brought to the attention of
the Municipality's representative for consider-
ation. Such examination shall be performed with
the approval of, and in cooperation with, the City
Attorney.
Formulate, draft and recommend a title and chapter
outline of a proposed code structure and fur i hthe to
the Municipality's representative a copy
outlined proposed code structurecancan e classification
Land
of existing ordinances
Report). Such proposed structure and classifica-
tion of ordinances will not be adopted
until they
have been approved b the Municipality's represent-
ative.
Upon receipt of the Ordinance Analysis and Report,
the City Attorney will review the Report and
recommend appropriate action on all items contained
within the Report. The City Attorney shall make
all legal decisions.
EDITORIAL CONFERENCE.
Immediately after receipt of the Ordinance Analysis
and Report, an editorial conference will be
scheduled with the City Attorney or authorized
municipal representative and Company representa-
tive. The conference will be held at andtime
mutually satisfactory to both the Company
Municipality after the City Attorney has had an
to review the Ordinance the thysis and
e Company
Report. During this conference,
Municipality will review the
representative and the
prepared by the Company in
code structure analysis
order to determine necessary changes in the
Municipality's laws.
13.1.
6
13.2. Upon completion of the editorial conference, the
Company will submit to the Municipality a memoran-
dum outlining the substantive, editorial and
organizational changes agreed upon at the confer-
ence.
13.3. Upon completion of the editorial conference, the
City Attorney will draft and recommend for
enactment all amendments, repeals and new
ordinances.
14. CODE EDITING: It will be the responsibility of the Company to
prepare the code manuscript for typesetting and printing by:
14.1. Dividing each ordinance to be included in the code
into short sections, so that each section will
contain only one provision of law pertaining to
only one subject, to the extent reasonably
possible.
14.2. Technical codes which have been adopted by refer-
ence--e.g., building, plumbing, electrical, and
similar technical codes --will be excluded from the
municipal code unless the Municipality's represen-
tative directs the Company to include such techni-
cal codes. Ordinances adopting such technical
codes by reference shall be included and classified
in appropriate sections of the Municipality Code.
14.3. A table showing the disposition of each municipal
ordinance will be prepared and included in the code
volume.
14.4. Catchlines for each individual section of the code
will be inserted at the beginning of each section.
14.5. A table of contents for each chapter will be
prepared consisting of numerical listings of the
catchlines of the individual sections in each
particular chapter. A table of contents for each
title will be prepared consisting of numerical
listings of the chapters in each particular title.
14.6. An historical citation showing its legislative
history and derivation will be prepared for each
section of the code.
14.7. Only the substantive provisions of each ordinance
will be codified; provisions such as the title,
ordaining clause and attestation clause of each
ordinance being omitted to the extent permitted by
law.
7
14.8. Where necessary, the language of existing
ordinances will be edited, by revising into
concise, modern and proper language to delete
apparent conflicts, ambiguities and repetitious
provisions. All substantive changes will be
submitted to the City Attorney for approval.
15. INDEXING. A complete and comprehensive index, covering each
section of the code will be prepared and included in the code
volume. The index will use detailed cross-referencing.
16. WARRANTY. The Company warrants only that the code will
contain all of the currently effective ordinances provided to
the Company by the Municipality as revised and amended
according to instructions from the Municipality
Representative.
17. PRINTING.
17.1. Upon completion of the editorial and indexing work,
the code will be reproduced in City of Diamond
Bar's attached page style.
17.2. The code is to be printed on both sides of the
sheet.
The choice is usually based on the probable size of
the code to result in a single volume of convenient
size.
17.3. All labor and materials for the completed code will
be furnished by the Company.
18. PERSONNEL. Only experienced and qualified personnel will be
employed in all editorial and codification work. The Customer
Relations Representative will consult the Municipality when
necessary and will keep the Municipality informed of the
progress of all codification work.
19. SALE OF CODES. The Municipality has exclusive rights to sell
copies of the completed codes and looseleaf supplement
material.
20. SUPPLEMENT SERVICE. (SEE ATTACHED QUOTATION SHEET)
20.1. Annual editorial fee: . . . . . . . . . . . . $.XXXX
20.2. Basic charge per page: . . . . . . . . . . . $XXXX
20.3. Supplements will be published as often as requested.
8
Supplement intervals may be changed at any time at
the request of the Municipality.
20.4. Ordinances adopted by the Municipality are to be
forwarded as they are enacted. The Company will
edit such ordinances, appending appropriate
headnotes, catchlines, cross references and
explanatory notes, and reprint the page or pages of
the code amended, removing the provisions
superseded by the amendment and inserting the new
provisions. The pages in the comprehensive index
which are affected by the amendment will also be
revised to take account of changes and new
provisions, and will be reprinted.
20.5. Copies of the supplement pages for each code book,
together with insertion guides containing full
instructions for insertion of all supplemental
material and revised index pages, will be supplied
to the Municipality.
20.6. Supplements will be in the style and format of the
original codification.
20.7. Payment for the supplement service will be at the
rate established in this agreement. Payment is due
on delivery to the Municipality of the supplement
material.
20.4. The supplement service may be terminated by written
notice of cancellation received not less than 60
days prior to the editorial cutoff date for any one
supplement.
21. ASSIGNATION, INTEGRATION AND MODIFICATION.
When executed by both the Company and the Municipality, this
agreement constitutes the entire agreement between the
parties. There are no other agreements or representations not
set forth in this agreement. This agreement incorporates all
prior negotiations, agreements and representations. This
agreement shall be binding upon and inure to the benefit of
the parties and their respective successors and assigns. This
agreement may not be modified except in writing, signed by the
Company and the Municipality.
22. LAWS OF STATE OF CALIFORNIA TO GOVERN.
This agreement shall be governed by and construed in accord-
ance with the laws of the State of California.
E
23. WAIVER.
The waiver by any party of a breach of any provision of this
agreement or the failure by any party to claim a breach of any
provision of this agreement shall not constitute a waiver of
any subsequent breach, or change the effect of or make that
provision thereafter unenforceable in any way.
24. DURATION OF QUOTATION.
This quotation and agreement constitutes a bid by
MTTP7T(`TP r. ODE ORP , a FLORIDA corporation, for
the performance of the codification services described for the
Municipality. If this quotation and agreement is executed by
the Municipality within 90 days of the date hereof, it shall
be a binding contract between the Company and the
Municipality.
Accepted:
Date
CITY OF DIAMOND BAR
By
1WORKWMCODEICODE.RFPU-7-92
Bid submitted March 11, 1992
Municipal Code Corporation
A corporation
BY
4Pe—s+idet
and
Secr tary
10
QUALIFICATIONS
BACKGROUND
For the last 40 years Municipal Code Corporation has engaged exclusively in editing
and publishing Codes for cities and counties of all sizes throughout the United States. MCC
has published and supplemented more Codes which are in current use than any other
codifier in the Country. This experience enables us to offer you the finest services available.
(1) Business location: 1700 Capital Circle, SW
Tallahassee, FL 32304
1-800-262-2633 or 904-576-3171
(2)
Incorporation Date: March 1951
(3)
Current Code accounts serviced: 2,000
(4)
Project contact persons:
Bill Carroll, Vice President - Codes
Becky DeNeve, Vice President - Electronic Publishing
(5)
Specific California References:
Agoura Hills
EI Centro
Fremont
Pat Manning
Rita Noden, CMC
Sharon Whitten
City Clerk
City Clerk
City Clerk
818-889-9114
619-337-4515
415-745-2724
Irvine
Lomita
Oceanside
Nancy C. Lacey
Dawn Tomita
Barbara K Bishop -Smith
City Clerk
City Clerk
City Clerk
714-724-6000
213-325-7110
619-966-4460
See also attached list of cities/counties
LAW EDITORIAL STAFF
George R. Langford, LL.B., University of Virginia; 40 years' experience in editing and
publishing city and county Codes; Chairman of the Board.
A. Lawton Langford B.A., Vanderbilt University; M.B.A., J.D., Florida State University;
Member of Florida Bar; President.
William James Carroll Jr. B.S., Penn State University; J.D., Florida State University; 17
years' experience in editing city and county Codes; Member of Florida Bar; Vice
President of Code Department.
B. Meade White J.D., University of Miami (Florida); 27 years' experience in editing city and
county Codes; Member of Florida Bar.
Milt Lefkoff, A.B., Stanford University; J.D. University of Georgia; 21 years' experience in
legal editing; Member of Georgia Bar.
James S. Vaught B.A., J.D., Florida State University; 20 years' experience in editing city and
county Codes; Member of Florida Bar.
Roger D. Merriam, B.A., Mercer University; J.D., Emory University; 17 years' experience in
editing city and county Codes; Member of Florida Bar.
Alyce A. Whitson B.A., University of South Florida; J.D., University of Florida; 9 years'
experience in editing city and county Codes; Member of Florida Bar.
Jan N. Shekitka. B.A., Wofford College; J.D., University of Miami (Florida); 7 years'
experience in editing city and county Codes.
H. Palmer Carr, B.A., J.D., Mercer University; 10 years' legal experience in private practice
and public service; 3 years' experience in editing city and county Codes; Member of
Georgia Bar.
Allen Zachary Paul B.A., University of Oklahoma; M.S., Ph.D., J.D., Florida State University;
over 5 years' experience in general, civil and administrative law; 3 years' experience in
editing city and county Codes; Member of Florida Bar and American Bar Association.
Mary Rose DiMarco B.A., Westfield State College; J.D., Loyola University, New Orleans; 1
year's experience in editing city and county Codes.
SUPPORT PERSONNEL
MCC's law editorial staff is supported by a full complement of assistants, clerks, etc.
In addition, MCC maintains a full-time proofreading department with a captive printing plant
which prints Codes and Supplements to meet the contractual requirements of MCC. All
facilities are located on our premises, which enables us to control each project from
beginning to end with no part being subcontracted. Key personnel are available to answer
questions during any phase of the project and to assure quality control in all aspects of
publication.
The entire staff, including the printing operation, consists of approximately 150
employees, including 12 attorneys, 17 editors, and 40,000 square feet of floor space.
Municipal
Code
Corporation
Ord'ord C.hazon Bend of New Fairfield
Ozark Mission Indiana New Haven CrystCroce City Kenneth City Pa Atka
Pelham Coaahela New London Dad. sl River Key Colony Beach Palatka
Pell City Coat. Mesa NewingtonDade City Key Wst Palm Bay
C Phenix City 'Cypres Norwich Dade Co. Risimms Palm Beach
Piedmont EI Centro Dania L.Belle Palm Beach Co.
Plymouth Davenport
Prattville Fontana Po Lady Lake Palm Beach Shona
Portland Davie
Robertsdale Fremont fake Alfred Palmetto
Saraland Ridgefield Daytona Beech Lake Butler
ALABAMA Selma vGl� o Seymour Daytona Beach Panama City
Lake City Panama City Beach
Abbeville Sheffield 'Hermon. Beach Shelton Shores Lake Co. P. Co
Southbury 'Deerfield Beach
Alabaster Sylacauga Irvine SouthingtonLake Hamilton Pasco ok
Albertville Tarrant Destro Spring Lake Helen
�� Co. Suffield Pembroke Park
Alexander City ThomasvilleLaguna Ni Donde Lake Park Pensacola
Troy Lake Co. easel Trumbull Lake Wels Perry
Andalucia Dundee
Anniston Tuscaloosa a Vernon Dunedin Lake Worth Pierson
Lomat. 'Wat.rbu
Arab Tuacumbia Ls Gats Westbrook � Lakal a Lantana Pinellas y
Athena 'Tuskegoe Mission Viejo Weston Fatenville I'°nt°°a Plant City
Atmore Union Spring •Modtst. Largo Plantation
Auburn Vstavia Hila Windham Edgewater Lauderdale -
Oceanside Windsor Polk Co.
Baldwin Co. York Edgwood By -The -Ste Ponce Inlet
Bay Minette .�� CO' Woodbury El Portal Lauderdele L.ks Port Orange
'Birmingham ALASKA *Ojm.rvillt Escambia Co. Lauderhill Port Richey
Blountaville Retehiksn Gateway DELAWARE FeWmere Lee Co. Port St. Joe
'Redwood City Dover Fagler Beach Leesburg Punta Gorda
Hoez Borough .San dos Fernando Naw Castle Co. Flaglor Co. Leon Co.
Brewton ARIZONA Newark Florida City Lighthouse, Point Putnam Co.
'San Luis Obispo Smyrna Ft. Lauderdale icy
Brundidg Avondale gas Live Oak Redington Beach
ger 'Wilmington Ft.Meade Longboat Rey
Calera *Chandler Santa Ana Redington Shores
Camp Hill EloyFt. Myers Santa Clara Co. FLORmA Ft. Pierce Longwood Riviera Beach
Chickasaw Florence Tustin Aaehua •Ft. Walton Baaeh *Lynn Haven Rockledge
Childersburg 'Gilbert 'Ventura MA—Y Royal Palm
Citronelle Glendale `Villa Park Alachua Co. Franklin Co. Madison Beach
Altamonte Spring Freeport Madison Co.
Clanton Kingman W. Covina Anna ' Frost roof Safety Harbor
Clayton Nogales E P Maitland SL Augustine
Cullman PeoriaCOLORApO Apalachicola Gainesville Malabar St. Cloud
Daleville Salt River Alamos"
Apopka Gado Co. Manatee Co. St. Johne Co.
Daphne Pima-Maricopa Awa AArcadia Glen Ridge Mangoaia Park St. Lao
Decatur Indian CommunityAspen ber Golden Beach Margate St. Lucie Co.
Pe Atlantic Beech Gracoville
Demopolis Show Lo Aurora Atlantis Gran Cove S mon Co.3r,. Petersburg
Dothan Show Low Bayfield Auburndale __ >ut°g Marion CSt. Petersburg
Elba So. Tucson *Broomfield Bal Harbour Vil. Greensboro Martin Co. Beech
Enterprise Tucson Commerce City Balder Mary Esther Sword
Eufaula Winslow DenverBay �. Gretna Mascotte Sanibel
Evergreen Yuma Durango Bay
Groveland Medley Sant. Rosa Co.
Fairfield Bay Harbor nde Gulf Breese Melbourne Sarasota
Edgewater Belle Glade Gulf Stream
Fairhope ARKANSAS Ft. Collins Hells alt Miami Sarasota Co.
'Fayette Bentonville Grand Junction Bellosir Gulfport Miami Shores Vd. Sea Ranch Lakes
Florence Camden Haines City Milton
Lafayette Helleview Hallandale Sebastian
ro
Foley Cwstt Monte Vista Mimeos
Biscayne Park SebringFt. Payne EI Dorado Mt Created Butte Boca Raton Haverhill Miramar 3ewall's Point
Gadsden Forrest City *Pitkin Co Monroe Co. So. Bay
Georgians. Ft. South Sheridan Boynton Beach Hendry Co. Monticello So. Daytona
Bradenton Hernando Co. Mt. Dora
'Greenville Garland Co. Staamboat Spring Bradenton Bach So. Miami
Granville Helena Sterling Branford Mulberry Springfield
Gulf Shores Hope Thornton Brevard Co. Highlands Co.
Guntersville Hot Spring Wheat RidgeNasau Co. Stuart
Briny Bness Hillsboro Bach
Hartselle Little Rock Bronsontune Beach Sumter Co.
ronson
Helena Lowell CONNECPICVI Bronson a Hillsborough Co. New Pert Richey Sunrise
Homewood McGsbes •Aa Holly Hill New Smyrna Bach Surfside
Broward Co.
Hoover Magnolia Bleomfield Bushnell Homestead Newberry Sweetwater
Huntsville MonaHypoluxo Nictvills Tallahassee
Imndale Monticello
Bristol CallawayIndialantie "No. Bay Vil. Tamarac;
Jackson No. Little Rock Cheshire Csaoalborry Indian Creek Vil. No. Lauderdale Tampa
Jsper Ouachit. Co. Center Hill Indian Harbour
Danbury Charlotte Co. No. Miami Toques
Lafayette Paragould Darien Chattahoochee Basch No. Palm Bsse6 Tequae4
Lanett Pine Bluff �� Indian River Co. No. Redington Titusville
Chipley •Indian River
Leede Pulaski Co. E. Haven Ciace Bayou Shores Beech Umatilla
Linden Rogers 'Enfield Citrus Co. Indian Rocks Heath Oakland Park Valparaiso
Madison Rusectivilla Glastonb Ocala Venice
Marion Searcy 'Groton �7 Claay Co. Indian Shores Ocean Ridge Vero Beech
Midfield Springdale Hartford Inglis Okelooea Co. Virginia Gardens
Mobile Texarkana Kutingly Clermont Inverness Okeechobee Volusia Co.
Monroeville Trvmenn LitcbfiCocoa
ald Jacksonville Okeechobee Co. Wakula Co.
*Montgomery Washington Co.Madison Jacksonville Beach Oldsmar Walter, Co.
'Mountain Brook Manchester Cosa Beach Jasper OPa-locks Wauehula
Oneonta CALWO v Coconut Creek Jay Orange City W. Melbourne
Rills Meriden Collier Co. Juno Basch
Opelika Agoura Hila Middlefield Coral Gables Jupiter �stga Co W. Miami
Opp Azusa Montville 'Orange Park W. Palm Beach
Orange Beach Belmont Naugatuck Coral Springs Jupiter Inlet Ormond Beach Wiwwood
Butte Co. New Britain Crestview city JupiterIslandAland Osceola Co. Williston
Oviedo Wilton Manors
• Cities utilizing our Looseleaf Supplement Service for Cods originally prepared by another publisher.
Windermere
Winter Garden
Winter Haven
Winter Park
Winter Springs
.Zap:
yrhills
GEORGIA
Acworth
Adel
Albany
Alma
Alpharetta
Americus
Ashburn
*Athens
Atlanta
'Augusta
Austell
Avondale Eetetes
Bainbridge
Barnesville
Barrow Co.
Bibb Co.
Blackshear
Blakely
Bloomingdale
Boston
Bowdon
Brunswick
Bulloch Go.
Byron
Cairo
Calhoun
*Camilla
Carrouton
Cartersville
Cedartown
Centerville
Chamblee
Charlton Co.
Chatsworth
Cherokee Co.
Clarke Co.
Clarkston
Clayton Co.
Cobb Co.
College Park
Colquitt Co.
Columbia Co.
Columbus
Commerce
Cordele
Covington
Cowete Co.
Dalton
Dawson
Decatur
DeKalb Co.
Doraville
Dougherty Co.
Douglas
Douglas Co.
Douglasville
Dublin
Duluth
'Fast Point
Elberton
Emanuel Co.
Fairburn
Fayette Co.
Fayetteville
Fitzgerald
Floyd Co.
Forsyth
Ft. Oglethorpe
Ft. Valley
sFidton Co.
Gainesville
Garden City
Gordon
Gordon Co.
Grady Co.
Griffin
Grovetown
*Gw.wtt Co.
Haberoham Co.
Hahira
Hapeville
Harris Co.
Hartwell
Hawkinsvills
Haslehunt
Helen
Henry Co.
Hinesville
'Houston Co.
Irwinton
Jesup
Kingsland
[&Fayette
LaGrange
Lake Park
Lakeland
Lamar Co.
Liberty Co.
Lowndes Co.
Lumber City
Lyons
Mecon
Manchester
*Marietta
Meriwether Co.
Metter
Milledgeville
Monroe Co.
Montezuma
*Morrow
Moultrie
Nashville
Newoan
'Ocilla
Palmetto
Paulding Co.
Peachtree City
Pelham
Perry
Polk Co.
Port Wentworth
Powder Springs
Quitman
*Richmond Co.
Riverdale
ellockdale Co.
Rome
Roesvllle
Roswell
SR Marys
Savannah
Smithvills
Smyrna
'Spalding Co.
Statesboro
Stone Mountain
Sugar Hill
Swainsboro
Sylvania
Sylvester
Terrell Co.
'Thomaston
Thomasville
Thomson
Tifton
Toccoa
Trenton
Troup Co.
'lybee bland
Union City
Vidalia
Ville Rin
Walker Co.
Wan Co.
Warner Robins
'Warrenton
Washington
ways—
Way.
ys—Wy. Co.
Waynesboro
W. Point
Whitfield Co.
Winder
IDAHO
'Lewiston
ILLINOIS
Alsip
Aroma Park
Auburn
Aurora
Barrington
Beardstown
'Balvidan
Boone Co.
Bourbonnais
Bradley
Burbank
Calumet City
Centralia
Champaign
Chicago Heights
Cicero
Crete
De Kalb Co.
Du Quoin
E. Hazel Creat
Effingham
Evergreen Park
Galesburg
Gillespie
Glenwood
Hanover Park
Harrisburg
Hazal Crest
Hillside
Hinckley
Iroquois Co.
Jacksonville
Jerseyvills
Joliet
Kane Co.
Kankakee Co.
Knoxville
La Grange
Park
Lansing
Lebanon
Lee Co.
Libertyville
Litchfield
Lovea Park
Macomb
McCullom Lake
Montgomery
Mt. Carmel
Niles
Northbrook
*Northlake
Oak Brook
O'Fsllon
Olympia Fields
Oregon
Palatine
Pana
Paris
Park Forest
Peoria
Peoria Co.
Pittsfield
Plainfield
Pontiac
Princeton
Rock Falls
Rock Island
Rockford
Rolling Meadows
Row"
RoesBe
Rushville
Sandwich
Sauk Vd.
So. Beloit
So. Chicago
Heights
So. Holland
Sparta
Stager
Stephenson Co.
Sterling
Stickny
Streator
Urbana
*University Park
Vermilion Co.
Vernon Hills
Villa Park
Walnut
Waukegan
Waverly
W. Chicago
Westmont
Whiteside Co.
*Winnobego Co.
Zion
INDIANA
Albion
Alexandria
Chesterton
Clarksville
Dunkirk
Garrett
Harmony
Indianapolis
Kendallville
Knox
Lawrenceburg
Lebanon
Logansport
Merrillville
*Muncie
New Castle
*Porter
Princeton
Rochester
St. John
Soottsburg
*South Bend
Thorntown
Tipton
Warsaw
Whiting
IOWA
Bettendorf
Cedar Falls
Coralville
Delhi
Dubuque
Eagle Grove
Evans"*
Grinnell
Indianola
Iowa City
Ls Man
Lone Tree
Madrid
Marshalltown
Mt. Pleasant
Ottumwa
Sheldon
Sioux Center
Spirit Lake
Washington
Waterloo
Waukon
KANSAS
Atchison
Burlington
Coffeyville
Columbus
Concordia
Emporia
Fria
Garden City
Hays
Independence
Kansas City
Leavenworth
Manhattan
Ottawa
Parsons
Saline Co.
Sedgwick Co.
Topeka
Winfield
Campbellsville
Cynthians,
Danville
Flatwoods
*Frankfort
Fulton
Georgetown
Henderson
Hieiman
Lexington -
Fayette Co.
MyBeld
MR Starling
Newport
Nicholasville
Owensboro
Paris
Princeton
Radcliff
Richmond
Shepherdsville
Winchester
LOUISIANA
Abbeville
*Abita Springs
Acadia Par.
Addis
Alexandria
Allen Par.
*Amite City
Arcadia
Ascension Par.
Avoyelles Par.
Bastrop
Baton Rouge
Beauregard Par.
Berwick
Bienville Par.
Bogalusa
Bossier City
*Bossier Par.
Breaux Bridge
Bunkis
Caddo Par.
Calcasieu Par.
Cameron Par.
Carencro
Catahoub Par.
Church Point
Clinton
Concordia Par.
Covington
Crowley
D.1cambre
Delhi
DeQuincy
DeRidder
DeSoto Par.
Donaldsonville
E Baton Rouge
Par.
E. Feliciana Par.
Erath
*Eunice
Evangeline Par.
Farmerville
Franklin Par.
Franklinton
Gonzales
Grambling
Gramercy
Grand Isle
Gretna
Hammond
Benghazi
Haynesville
Homer
Houma
Iberia Per.
Iberville Par.
lova
JacJkson Par.
*Jeanerette
Jefferson Davis Par.
Jefferson Par.
Jennings
Jonesboro
K+Pbn
Kenner
Kinder
Lfayette
Iafyette Par.
Lake Arthur
Lake Charles
eLaSeBe Par.
*Iwesville
Lincoln Par.
Livingston Par.
Lockport
Lanauville
Madison Par.
Mandeville
Mansfield
Many
Marksvilla
Monroe
Morehouse Par.
Morgan City
Natchitoches
Natchitoches Par.
New Iberia
New Orleans
*New Roads
Oakdale
Oak Grove
011e
Opelousas
Ouachita Par.
Patterson
Pineville
Plaquemine
Plaqueminm Par.
Pointe Coupes Par
Port Allen
Rapider Par.
Rayne
Rayville
Red River Par.
Richland Par.
Roston
Sabine Per.
St. Bernard Par.
St. Charles Par.
St. Francisville
*St. Helena Par.
St. Landry Par.
St. Martin Par.
St. Martinville
St. Mary Par.
Shreveport
Simmesport
Slidell
So. Mansfield
Sulphur
Suneet
Tangipehoa
Tangipahoa Par.
Terrebonne Par.
Thibodaux
Union Par.
Vernon Par.
Vidalia
Ville Platte
Vinton
Vivian
Walker
Washington Par.
Webster Par.
Welsh
W. Baton Rouge
Par.
W. Carroll Par.
W. FeGciana Par.
W. Monroe
'Westlake
Weetwege
White Castle
Winn Paz.
Winnfield
Winnsboro
Zwolle
MAINE
Augusta
Biddeford
Brunswick
*Caribou
Eliot
Falmouth
Ft. Kent
Kittep
Lewiston
Old Town
Portland
So. Portland
Waterville
*Winslow,
MARYLAND
Anne Arundel Co.
Baltimore Co.
'Cambridge
Cheverly
Chevy Clime (town)
Chavy Chase (vil.)
Cumberland
*Frederick
Frederick Co.
*Gaithersburg
Greenbelt
Howard Co.
Laurel
Montgomery Co.
Mount Rainier
Poolesville
Rockville
*Taneytown
MASSACHUSETTS
Andover
Bellingham
Beverly
Brockton
Chelmsford
Chelsea
Concord
Easthampton
Everett
Fall River
Gloucester
Groveland
Holyoke
Lee
Lowell
Marblehead
Melrose
Millbury
New Bedford
Newburyport
*No. Adams
No. Reading
Peabody
*Pittsfield
Salem
Somerville
Swansea
Taunton
Walpole
Waltham
Westfield
MICHIGAN
Ada Twp.
Albion
Algoma Twp.
Algonac
Allegan
Allegan Twp.
Allen Park
Alma
Almont
Alpena
Ann Arbor
Ann Arbor Chtr.
Twp -
Armada
Auburn
Aurelius Twp.
Bangor Chir. Twp.
Baroda
Berry Twp.
Bay City
Bay Co.
Belvidere Twp.
Benton Harbor
Benton Chir. Twp.
Berkley
Berlin Tvp.
Berrien Twp,
Big Rapids
Birch Run
Birmingham
Bluefield
Bloomfield Hills
Bloomingdale
Blumfield Twp.
Boyne City
Brady Twp.
Brandon Chir. Twp.
Bridgeport Chtr.
Twp.
Bridgman
Brighton Twp.
Bronson
Brooke Twp
Brownstown Chtr.
Twp -
Bruce Twp
Buehaean
Byron Twp
Campbell Twp.
Canton Chtr. Twp.
Grosse Pointe
Muskegon
Texas Twp.
Pearl
St. Charles
NO. CAROLINA
Capac
Farms
Muskegon Chir.
Trenton'
Picayune
St. Clair
Ahoakie
Carrollton Twp.
Grosse Pointe Park
Twp.
Troy
Senatobia
St..loseph
Angier
Cascade Chtr. Twp.
Grosse Pointe
Muskegon Heights
Tyrone Twp.
Southaven
'St. Louis Co.
Apex
Casnovie Twp.
Shores
Niles
Union City
Starkville
*St. Peters
Asheville
Cassopolis
Gun Plain Twp.
No. Muskegon
Unionville
Summit
Ste. Genevieve
Atlantic Beach
Cedar Creek Twp.
Hagar Twp.
Norton Shores
Van Buren Chtr.
Tupelo
Sedalia
Beaufort
(Muskegon Co.)
Handy Twp.
Novi
Twp.
Vicksburg
Slater
Boiling Spring
Cedar Creek Twp.
Harbor Beach
Oak Park
V-
Woodville
`Springfield
Lakes
(Wexford Co.)
Harper Woods
Olivet
Vassar Twp.
Yazoo City
Sugar Creek
Brevard
Cedar Springs
Harrison
Orchard Lake V'rl.
Vergennes Twp.
Sunset Hill.
Brunswick Co.
'Center Line
Harrison Chir.
Oshtemo Chtr. Twp.
Vevey Twp.
MISSOURI
Town and Country
Burgaw
Centreville
Twp.
Otsego Twp.
Vicksburg
Arnold
Union
Burke Co.
Charlevoix
Hastings
Ovid
Vienna Chtr. Twp.
Ballwin
Valley Park
Burlington
Charlotte
Hesperia
Owosso
Walker
Bellefontaine
Warrensburg
Carolina Beach
Chelsea
Highland Chtr.
Owosso Twp.
Walkerville
Neighbors
Wellston
Carteret Co.
Chesterfield Twp.
Twp.
Parchment
Warren
Belton
Wentzville
Cary
China Chtr. Twp.
'Holland
Pavilion Twp.
Washington Twp.
Black Jack
W. Plains
Catawba Go.
Clawson
Holland Chir. Twp.
Petoskey
Waterford Chtr.
Blue Springs
Chapel Hill
Clay Twp.
Holton Twp.
Pigeon
Twp.
Booneville
MONTANA
Charlotte
Clayton
Homer
Pittsfield Chtr.
Watervliet
Brentwood
Billings
China Grove
Clayton Chtr. Twp.
Hopkins
Twp.
Watervliet Twp.
Butler
Glasgow
Cleveland Co.
Clinton
Hopkins Twp.
Plainfield Chir.
Wayland
Cameron
Miles City
Clinton
Clyde Twp.
Howard City
Twp.
W. Bloomfield
Cape Girardeau
Concord
Cohoctah Twp.
Howard Twp.
Plainwell
Chtr. Twp.
Carthage
NEBRASKA
Conover
Coleman
Howell Twp.
Pleasant Ridge
Westland
Caruthereville
Beatrice
Craven Co.
Coloma
Hudson
'Pontiac
White Pigeon
Casaville
Bellevue
Cumberland Co.
Colon
Hudsonville
Port Austin
Whitewater Twp.
Chesterfield
Kearney
Currituck Co.
Comstock Chtr.
Huntington Woods
Port Huron
Williamstown Twp.
Clarkson Valley
Nebraska City
Davidson
Twp,
Huron Chtr. Twp.
'Portage
Wolverine Lake
Claycomo
Norfolk
Drexel
Constantine
Independence Chtr.
Porter Twp.
Woodhaven
Clayton
Omaha
Dunn
Cooper Twp.
Twp.
Portland
Wright Twp.
Clinton
York
Durham
Covert Twp.
Ingersoll Twp.
Ravenna
Wyandotte
Cool Valley
Durham Co.
Dalton Twp.
Ironwood
Reading
Wyoming
Crestwood
NEVADA
Eden
Dearborn
Jackson
Redford Twp.
Ypsilanti
Crave Coeur
Reno
'Edenton
Dearborn Heights
James Twp.
Reed City
Ypsilanti Chtr.
Crystal City
Elizabeth City
Decatur
Jonesville
Richland
Twp.
Dellwood
NEW HAMPSHIRE
Emerald Iate
Delhi Chtr. Twp.
Kalamazoo
Richland Twp.
'Zeeland
Des Peres
Berlin
Fairmont
Fayetteville
Delta Chtr. Twp.
Kalamazoo Chtr.
Richmond
Doniphan
Claremont
'Concord
Forest City
Denmark Twp.
Twp.
Richmond Twp.
MINNESOTA
EI Dorado Springs
Denver Twp.
Kentwood
(Macomb Co.)
Apple Valley
Ellieville
Manchester
Forsyth Co.
Detroit
Lake Angelus
Richmond Twp.
Arden Hills
Excelsior Springs
Meredith
Foxfrre Village
DeWitt
Lake Odessa
(Osceola Co.)
Blaine
Farmington
Nashua
Franklinton
Dexter
Lansing Chtr. Twp.
Lapeer Twp.
Riverview
Riva Twp.
Chanhassen
Chaska
Ferguson
Festus
NEW MEXICO
Garner
Gaston Co.
Dorr Twp.
Dowagise
Lawrence
Rochester
Fairmont
Florissant
Alamogordo
Graham
Dryden Twp.
Leoni Twp.
Rogers City
Faribault
Fulton
Aztec
Granite Quarry
Dundee
Leslie
Romeo
Grand Marais
Grain Valley
Bloomfield
Greensboro
Eagle
Lexington
Romulus
'Mankato
'Grandview
Carlsbad
'Greenville
K Grand Rapids
Lima Twp.
Roosevelt Park
Maplewood
Hannibal
Espanola
Guilford Co.
Co.
E. Jordan
Lincoln Twp.
Rose Twp.
Minneapolis
Harrizonville
'Farmington
Halifu
E, Tawas
Lockport Twp.
Rothbury
Minnetrists
Higginsville
Les Cruces
Hamlet
Eaton Rapids
Lowell
Royal Oak Twp.
New Brighton
Hillsboro
Portalee
Havelock
Hendersonville
Ecorse
Ludington
Royalton Twp.
St Paul
Houston
'Jackson
Raton
Roswell
'Hickory
Egelston Twp.
Elk Rapids
Lyons
Lyon Twp.
Rutland Twp.
St. Charles
Stewartville
Willmar
Jennings
Silver City
'High Point
Elkton
Mackinac Island
St. Clair
Woodbury
Joplin
Taos
Truth
Highlands
'Holden Beach
Elsie
Escanaba
Mackinaw City
Macomb Chtr. Twp.
St. Clair Shores
St. Ignace
Nm3m Eppl
Kansas City
Kennett
or
Consequences
Huntersville
Eureka Chir. Twp.
Madison Heights
"SL Johns
Batesville
Kirksville
Iredell Co.
Fester Twp.
Mancelona
St. Joseph
Bay St. Louis
Kirkwood
NEW YORK
Jacksonville
Fabius Twp.
Manistique
Sl. Joseph Chtr.
Biloxi
Ladue
Bellport
Kannapolis
Farmington
Manton
Twp.
Booneville
"Lake Waukomis
Binghamton
Kernersville
Farmington Hills
Maple Grow Twp.
SL Louis
Canton
Lamar
Cedarhurst
Kill Devil Hills
Fennville
Marosilus
Saline
Centreville
Lebanon
Dolgevws
Kings Mountain
Fenton
Marine City
Saranac
Clarkedals
Lea's Summit
Elmira
Kinston
Kitty Hawk
Fenton Chtr. Twp.
Marion Twp.
Saugatuck
Columbus
'Liberty
Ft. Plain
Farndale
Marlette
Sault Ste. Marie
Corinth
Louisiana
Goshen
Knightdale
Flint
Marshall
Schooleraft
D'Iberville
Macon
Guilderland
Kure Beach
Flushing Twp.
Marysville
Sehooleraft Twp.
Draw
Manchester
Hamburg
Ince Waeeamaw
Fowlerville
Mayville
Seville Twp.
Gautier
Maplewood
Johnstown
"Laurinburg
Frankenlust Twp.
MoBain
Shepherd
Greenville
Marshall
Kenmore
Lenoir
Frankenmuth
Meamta
Sheridan Chtr. Twp.
Greenwood
Maryland Heights
Lewiston
Lexington
Fiver
Melvindale
So. Haven Twp.
Grenada
Mezico
Long Beach
Linmtnton
Long Beach
Fremont
Merrill
"So. Lyon
Gulfport
Moberly
Marcellus
Frenchtown Chtr.
Middlevills
So. Rockwood
Hattiesburg
Monroe City
Niagara Falls
Louisburg
Twp.
Midland
Southfield
Indianola
Montgomery City
Olean
*Lumberton
Fruitport
Milan
Sparta
Jackson
Mountain Grove
Oneida
Madison
Fruitport Twp.
Milford
Sparta Twp.
Kosciusko
Newho
Ossining
Maiden
Geneses Twp.
Milford Chtr. Twp.
Spaulding Twp.
Laurel
No. Kano" City
Pittsford (town)
Marion
Georgetown Chtr.
Millington
Spring Lake
Leland
solivette
Poughkeepsie (city)
Mecklenburg Co.
Twp.
Milton Twp.
Springfield
Meridian
Osage Beach
Poughkeepie(town)
Mint Hill
Gibraltar
Monroe
Sterling Heights
Monticello
Overland
Rome
Maeksville
'Gladstone
Monroe Chtr. Twp.
Stevensville
Mesa Point
Perryville
'Scotia
Moore Co.
Mooresville
Grandville
'Montague
Stockbridge
Mound Bayou
Pine Lawn
Spring Valley
Morehead City
Grand Blanc Chtr.
Montrose
"Sturgis
Natchez
Pleasant Hill
Sy—
'Morganton
T -P.
Montrose Chir.
Sumter Twp.
New Albany
Poplar Bluff
Troy
Morrisville
Grand Hawn
Twp.
Swartz Creek
Newton
Ravenna
Tuckahm
Grand Hawn Twp.
Morenci
Sylvan Twp.
Omen Springs
Raytown
Utica
ML Airy
*ML Holly
Grand Rapids
'ML Clemens
Taylor
Okolona
Rich Hill
Vesal
Nags Head
Grant Twp.
Mt. Morris Chtr.
Taymouth Twp.
Olive Branch
Richmond
Watervliet
Greenville
Twp.
Tecumseh
Oxford
'Rock Hill
W. Haversteaw
Nashville
Grore Points
ML Pleasant
Tekonsha
Pascagoula
St. Ann
White Plains
New Bern
New Hanover Co.
Loyalsock Twp.
No. Myrtle Beach
Carrizp Springs
La Porte
Tomball
Luny
Newport
Plymouth Twp.
Orangeburg Co.
Carthage
Lake Jackson
Tyler
Manassas
No. Topsail Beach
Scranton
Pickens
Cedar Hill
Lancaster
Universal City
Manassas park
Onslow Go.
Springettsbury Twp.
Port Royal
Center
Laredo
Uvalde
Martinsville
Oxford
W. Homestead
Richland Co.
Cisco
League City
Vernon
Montgomery Co.
Pender Co.
W. Pettsgrove Twp.
'Rock Hill
Clarksville
Leander
Victoria
Mt. Jackson
Pineville
Wilkes-Barre Twp.
Seneca
Cleburne
Lewisville
Waco
Nelson Co.
Pitt Co.
Wilkes-Barre
Spartanburg
Cleveland
Liberty
Waxahachie
Newport News
Polk Go.
(City)
Springdale
Clifton
Littlefield
Webster
Norfolk
Princeville
Summerville
Clute
Live Oak
Weslaco
Norton
Raeford
RHODE ISLAND
Sumter
Cockrell HW
Livingston
W. Orange
Petersburg
'Raleigh
Reidsville
'Bnatol
`Burrillville
Sumter Co.
Comanche
Lockhart
W. University Place
Poquoson
Surfside Beach
Commerce
Longview
Wharton
Portsmouth
Rockingham
'Central Falls
*Union
Conroe
Lubbock
Wichita Falls
Prince George Go.
Rockingham Co.
Coventry
Union Co.
Cooper
Lufkin
Winnsboro
Prince William Co.
Rockwell
Cumberland
Walterboro
Copperas Go"
Luling
Winters
Pulaski
Rocky Mt.
E. Greenwich
Williamston
Corpus Christi
Mansfield
Woodville
Pureellville
Rowan Co.
E. Providence
Williston
Cotulla
Manuel
Woodway
'Radford
Roxboro
Hopkinton
York
Crane
Marble Falls
Yoakum
Richmond
Rural Hall
Jamestown
York Go.
Crockett
Marlin
Roanoke
Rutherford Co.
Lincoln
Crystal City
Marshall
VERMONT
Roanoke Co.
St. Paule
Narragansett
80. DAKOTA
Iaingerfield
McAllen
Barn (town)
Rockbridge Co.
Salisbury
New Shoreham
Aberdeen
Dalhart
McKinney
Brattleboro
Rockingham Co.
Selma
No. Kingstown
Beresford
Decatur
Mercedes
Burlington
Rocky Mount
Shelby
No. Smithfield
Brookings
Dear Park
•Mosquito
Colchester
Saltville
Siler City
'Pawtucket
Dell Rapids
Dal Rio
Mexia
St. Johnsbury
'Salem
Smithfield
Providence
Garretson
Denison
Midlothian
Springfield
Shenandoah
Southern Shores
Scituate
Madison
Denton
Mineola
Stowe
Smithfield
Southport
Smithfield
Sioux Falls
Denver City
Mineral Wells
So. Boston
Spencer
So. Kingstown
Spearfish
Diboll
Mission
VIRGH41A
Southampton Co.
Statesville
Warren
Vermillion
Dickinson
•Minouri City
'Albemarle Co.
Spotaylvania Co.
Surf City
Warwick
Yankton
Dumas
Monahans
*Alexandria
Stafford Co.
Sylva
W. Warwick
Eagle Pass
ML Vernon
Amherst Co.
Staunton
Tarboro
Westerly
TENNESSEE
Early
Nacogdoches
*Arlington Co.
Stephens City
Thomasville
Woonsocket
Bolivar
Eastland
Nassau Bay
*Ashland
Strasburg
Topsail Beach
Brentwood
Edinburg
Navasota
'Bedford
*Suffolk
Transylvania Go.
80. CAROLINA
Bristol
FAna
New Boston
Bedford Co.
Surer Co.
Wake Co.
Abbeville
Centerville
El Lago
New Braunfels
Berryville
Tappahannock
Wake Forest
Abbeville Co.
Chattanooga
Ennis
No. Richland Hills
Big Stone Gap
Tazewell
Washington
Aiken
Clarksville
Euler
Odes
Blacksburg
TasawsB Co.
White Lake
Aiken Co.
Cleveland
Everman
Oyster Creek
Bluefield
Vinton
Wilmington
Anderson
Gallatin
Fairfield
Palestine
Bototourt Co.
Virginia Beach
Wilson
Beaufort
Germantown
Forest Hill
Pampa
'Bristol
Warrenton
Winston -Salem
Beaufort Co.
Hendersonville
Ft. Worth
Paris
Buena Vista
'Washington Go.
Yadkin Co.
Belton
Johnson City
Fredericksburg
Pasadena
Cape Charles
Waynesboro
Berkeley Co.
Kingsport
Freeport
Peuiand
Charlottesville
W. Point
NO. DAKOTA
Blacksburg
Knoxville
Friendswood
Pecos
*Chase City
Westmoreland Co.
Grafton
Cayce
McMinnville
Gainesville
Pharr
Chesapeake
White Stone
Grand Forks
Central
Memphis
Galveston
Plainview
Chesterfield Co.
Williamsburg
*Jamestown
Charleston
Murfleasboro
Garland
Plano
Chilhowie
Wise Co.
Minot
Charleston Co.
Newport
Gatesville
Port Aransas
Christiansburg
Woodstock
'Cheraw
Oak Hill
Giddings
Port Arthur
Clarke Co.
Wytheville
OHIO
Cherokee Co.
Oak Ridge
Gelled
Port Isabel
ClMon Forge
York Co.
'Garfield
Chesnee
Shelby Co.
Gonzales
Port Noshes
Colonial Beach
Heights
Clemson
Sullivan Co.
Graham
Portland
Covington
WASHINGTON
Heath
Clinton
Grand Prairie
Refirgio
Culpeper
Federal Way
Darlington Co.
TEXAS
Grapevine
Richardson
Danville
Kent
OKLAHOMA
Fairfax
Abilene
Groves
Richwood
Dinwiddie Co.
Altus
Florence
Addison
Haltom City
River Oaks
Dublin
WEST VIRGINIA
Ardmore
Florence Co.
Alamo Heights
Harlingen
Robstown
Dumfries
Beckley
Bartlesville
Forest Acres
Alice
Haskell
Rockport
Emporia
Bluefield
Bixby
Fountain Inn
Allen
Hearne
Rockwall
Faex Co.
Ranson
Blackwell
Gaffney
Alpine
Hsdwig Vil.
Rosenberg
eFairfa:
We"
Broken Arrow
Georgetown
Alvin
Hemphill
Saginaw
•Fair&, Co.
Clinton
Georgetown Co.
Amarillo
Henderson
San Antonio
*Falls Church
WISCONSIN
Cushing
Goose Creek
Andrews
Henrietta
San Marcos
Farmville
Appleton
Del City
Greenville Co.
Angleton
Hewitt
Schulenburg
Fauquier Co.
Milwaukee Co.
EI Reno
Greenwood
Aransas Par
Hidalgo
'Seabrook
Fnmklin
Racine Co.
Enid
*Greenwood Co.
Athens
Highland Park
Seagoville
Franklin Co.
Sheboygan
Healdton
Greer
Ballinger
Hillsboro
Seguin
Fredericksburg
Superior
iF Lindsay
Hardooville
Banders
Hitchcock
Shepherd
•Glouorter Co.
Waukesha Co.
McAlester
Hartsville
Bay City
Hollywood Park
Sherman
G000liland Co.
Medford
Hilton Head
Baytown
Houston
Silabee
Gordonsville
WYOMING
Miami
bland
Beaumont
Humble
Sinton
Greeneville Co.
Cheyenne
Midwest City
Hones Path
Bedford
Huntsville
Slaton
Grundy
Green River
Nichols Hill&
Hotly Co.
Beeville
Hunt
Snyder
Hampton
'Worland
fNicoma Park
Iva
Botmead
Iowa Park
Sonora
Hanover Co.
Norman
Kershaw Co.
Belton
'Irving
30. Houston
eHamsonburg
Oklahoma City
Lancaster
Big Lake
Itasca
Southaide Plan
Haymarket
Paul Valley
Lancaster Co.
Boerne
Jacksonville
Stafford
*Henries Co.
Ponce City
Laurens
Borger
Jasper
Stamford
Henry Co.
Poteau
Laurens Co.
Bowie
Jersey Vil.
Stephenville
Herndon
Shawnee
Leesville
Brady
Kaufman
Sugar Land
Hopewell
Stillwater
Lexington Co.
Brasoria
Koons
Sulphur Springs
eJames City Co.
Vinita
*Marion
Breckenridge
Keller
Sunray
Kanbrkdge
Yukon
Marion Co.
Brenham
Kennedale
Sweetwater
King George Co.
Mauldin
Bridge City
46rrvills
Tshoks
King William Co.
OREGON
Moncks Corner
Brownfield
Kilgore
Taylor
Lancaster Co.
Multnomah Co.
Myrtle Beach
Brownsville
Killoon
Temple
Lawrenceville
New Ellenton
Brownwood
Kirby
Terrell
Lebanon
PENNSYLVANIA
Newberry
Bryan
Kirbyville
Texarkana
Las Co.
Dickson City
No. Augusta
Bunker Hill Vil.
La Grange
Tem City
Larb-I
Hazelton
1;
No. Charleston
Burleson
La Marque
The Colony
Louisa Co.
Revised 2IL92
BUILDINGS
Sec. 5-151. Bearing and anchorage on
girders.
Floor beams framing into girders shall be an-
chored, tied or nailed to secure continuity. The
ends of all beams or joists resting on girders shall
bear not less than four inches or shall be sup-
ported in approved metal stirrups or on wood clips
or ribbon strips not less than two by three inches
in size. Beams or joists framing from opposite sides
shall either lap not less than six inches and be
securely bolted or spiked together, or when
framing end to end, all joists, beams and girders
shall be secured together by approved metal ties,
straps or dogs.
(Ord. No. 1145, § 116.11, 5-21-73)
See. 5.152. Joints in girders.
The joints of solid or built-up beams or girders
shall be made over column or pier supports when
constructed as simple spans. When constructed of
multiple joists as continuous girders, the joints
shall be broken in adjoining joists; and all joints
shall be located between one-third and one-quarter
the span length from supports and shall be se-
curely nailed or otherwise bonded together in an
approved manner.
(Ord. No. 1145, § 116.12, 5-21-73)
Sec. 5.153. Beam spacing.
Any spacing of beams or joists determined on
the basis of accepted engineering analysis or tests
will be acceptable.
(Ord. No. 1145, § 116.13, 5-21-73)
Sec. 5.154. Wood posts.
All wood posts used in basements or cellars shall
have concrete bases which extend not less than
three inches above the finished floor and bear di-
rectly on the post footing. When flooring of con-
crete or other approved impervious materials is
not provided, the concrete base shall extend not
less than six inches above the finished floor.
(Ord. No. 1145, § 116.14, 5-21-73)
Sec. 5-155. Bracing.
In buildings more than one story in height,
corner posts shall be the equivalent of not less
261
§ 5.158
than three pieces of two -by -four -inch studs braced
by not less than one piece of one -by -four -inch di-
agonal let into the studs; or the frame shall be
sheathed with a material to afford the same ri-
gidity or by other, approved method. Diagonal
bracing may be omitted when diagonal wood
sheathing or vertically applied plywood or other
approved sheeting is installed in panels of not less
than four feet by eight feet in area.
(Ord. No. 1145, § 116.15, 5-21-73)
Sec. 5.156. Framing over openings.
All window and door openings shall have double
studs for the full height of the opening at jambs,
with double headers or trussed construction over
the opening and/or by other approved methods or
connection devices to support the superimposed
loads. Lintels over openings in bearing walls or
partitions of one- and two-family dwellings shall
consist of double joists not less than specified in
this article or trussed construction bearing on jack
studs, or other approved construction affording ad-
equate strength as indicated by the following table:
Sec. 5.157. Types of sheathing.
Except when back -plastered stucco construc-
tion is used, or the stucco is furnished with a wrap-
ping of No. 18 U.S. gage wire attached horizon-
tally on the studs at six-inch intervals, the
sheathing of all exterior frame walls shall consist
of one of the following materials or other approved
material of equal strength and durability consis-
tent with the intent and purpose of this article:
one -inch reinforced cement mortar, one -inch wood
sheathing, one -half-inch gypsum boards, one -half-
inch fiber boards and one -half-inch plywood.
(Ord. No. 1145, § 116.17, 5-21.73)
Sec. 5.158. Roof decking.
Roof deck sheathing shall consist of not less than
one -inch boards or of five -eighths -inch plywood or
Supporting
Supporting
one floor
two floors
Openings
or roof
or roof
Spans less than four feet
Two 2" x 4"
Two 2" x 6"
Spans four to six feet
Two 2" x 6"
Two 2" x 8"
Spans six to eight feet
Two 2" x 8"
Two 2" x 10"
Spans eight to ten feet
Two 2" x 10"
Two 2" x 12"
(Ord. No. 1145, § 116.16,
5-21.73)
Sec. 5.157. Types of sheathing.
Except when back -plastered stucco construc-
tion is used, or the stucco is furnished with a wrap-
ping of No. 18 U.S. gage wire attached horizon-
tally on the studs at six-inch intervals, the
sheathing of all exterior frame walls shall consist
of one of the following materials or other approved
material of equal strength and durability consis-
tent with the intent and purpose of this article:
one -inch reinforced cement mortar, one -inch wood
sheathing, one -half-inch gypsum boards, one -half-
inch fiber boards and one -half-inch plywood.
(Ord. No. 1145, § 116.17, 5-21.73)
Sec. 5.158. Roof decking.
Roof deck sheathing shall consist of not less than
one -inch boards or of five -eighths -inch plywood or
§ 5-158
L.AMAR CODE
other approved materials of equivalent strength
and rigidity.
(Ord. No. 1145, § 116.18, 5-21-73j
Sec. 5-159. Weather boarding.
All exterior wall coverings shall be of approved
moisture and weather resistant materials of suf-
ficient
ufficient stiffness and properly attached to resist
rain and wind.
(Ord. No. 1145, § 116.19, 5-21-73)
Sec. 5-160. Grade protection.
All exterior structural and nonload bearing
wood framework shall be supported on the foun-
dation walls at heights necessitated by the greatest
average snow fall in this locality but in no case
less than eight inches above the finished grade.
All untreated wood sill plates shall be isolated
from masonry or concrete with weatherproof felt,
or corrosion -resistive metal and shall be termite
treated. Exposed metal siding and sheathing shall
be supported on the concrete apron or on other
approved water-resistant foundation supports ex-
tending to the minimum height above the speci-
fied grade.
(Ord. No. 1145, § 116.20, 5-21-73)
Sec. 5-161. Flashing.
All exterior openings shall be constructed with
approved corrosion -resistive flashings at top and
sides or by other approved method to be leakproof.
Similar flashings shall be installed at the inter-
section of chimneys or other masonry construc-
tion with frame or stucco walls and veneer con-
struction. Such flashings shall be provided with
projecting lips on both sides under stucco copings;
under and at the ends of masonry, wood or metal
copings and sills; at wall and roof intersections
under built-in gutters; at the junction of chimneys
and roofs, and in all roof valleys and around all
roof openings.
(Ord. No. 1145, § 116.21, 5-21-73)
Sec. 5.162. Combustible framing.
When required to meet fire -resistive perfor-
mance for specific applications and uses by the
provisions of this article, structural wood units
and assemblies shall be protected with metal or
262
other component materials, or shall be treated by
approved pressure processes to develop the fire -
resistance ratings to conform with ratings speci-
fied by nationally recognized authorities.
(Ord. No. 1145, § 116.22, 5-21-73)
Sec. 5-163. Nailing of sheathing.
Wood sheathing shall be nailed to each stud
and to the top and bottom plates and sills to con-
form with the intent and purpose of this article.
(Ord. No. 1145, § 116.23, 5.21.73)
Sec. 5.164. Chimneys.
Chimneys or flues shall be built of brick, solid
block or reinforced concrete, not less than 33/4
inches thick. They shall be lined throughout with
fire clay or fire brick, except chimneys for gas
appliances only, may be lined with any approved
corrosion -resistant lining. Chimneys shall be built
on proper footings and foundations as provided in
this article. Chimneys or flues shall not rest upon
or be carried by wooden floors, beams or brackets,
nor be hung from wood rafters. Chimneys shall be
built as nearly vertical as possible and shall ex-
tend at least three feet above the highest point
which they extend through the roof and such
chimney or flue shall be at least two feet higher
than any ridge within ten feet of such chimney or
flue.
(Ord. No. 1145, § 116.24, 5-21-73)
Sec. 5.165. Vents.
All gas fired appliances shall be properly vented
with the proper size vent to conform with the ap-
pliance and such vent shall be constructed of the
approved material used for vents. All vents shall
extend through the roof and conform with the pro-
vision for heights of flues or chimneys.
(Ord. No. 1145, § 116.25, 5-21-73)
Sec. 5.166. Fireplaces.
The back and sides of fireplaces shall be con-
structed of solid masonry or reinforced concrete of
not less than eight inches in thickness. A lining of
fire brick or other approved material of at least
two inches in thickness shall be used unless the
overall thickness is 12 inches. Fireplaces shall
have hearths constructed of brick, stone or other
approved incombustible material supported on a
fireproof slab or brick trimmer arches. Such
hearths shall extend at least 20 inches beyond
each side of the fireplace opening along the
chimney breast. The combined thickness of the
hearth and the supporting arch shall be at least
UTILITIES
Sec. 18.40. Water rates.
§ 18-45
Monthly rates shall be charged for all water service customers in an amount determined
by the board of commissioners from time to time and listed in the schedule of fees and charges
maintained in the clerk's office.
Sec. 18-41. Landlords responsible for payment.
Landlords and their agents shall be responsible for the water rents, and shall give the
superintendent written notice of the nonuse of water.
Sec. 18-42. Deposits required.
A deposit in an amount determined by the board of commissioners from time to time and
listed in the schedule of fees and charges maintained in the clerk's office shall be required for
residential and small commercial water customers of the city.
Sec. 18-48. Payment cycle.
All water bills shall be paid monthly. The city clerk shall furnish the superintendent of
the waterworks on the tenth of each month a list of all persons who have not paid their water
rents for that month, and it shall be the duty of the superintendent of the waterworks to cut
off the water supply from such parties. Before the water shall be turned on, such parties shall
present to the superintendent a receipt from the city clerk for the water rentals for that month,
and a further sum in an amount determined by the board of commissioners from time to time
and listed in the schedule of fees and charges maintained in the clerk's office for turning the
water on.
(Code 1969, § 19-1)
Sec. 18.44. Rents and tapping fee receipt prerequisite to turning water on.
The superintendent of waterworks shall not turn water on to any new work until the party
desiring to use water from the same shall present to him a receipt from the city clerk for rents
and tapping fees for the remainder of the month.
(Code 1969, § 19-3)
Sec. 18.45. Late payment penalty.
There is levied a charge upon the users of the water who do not pay their water bills in full
by the tenth of the month following the month for which water was furnished and is owed for,
an amount equal to ten (10) percent of the bill for such month. The amount shall be added to
and be due and collectible as the basic water bill.
(Code 1969, § 19-4)
1129
§ 18-46 HAWKINSVILLE CODE
Sec. 18.46. Responsibility of owner of multiple dwelling
The city shall furnish water to houses that are occupied by two (2) or more families only
if the owner of the house, whether a dweller therein or not, is responsible for the water bill for
water furnished the house and all occupants therein.
(Code 1969, § 19-5)
Secs. 18-47-18.65. Reserved.
ARTICLE M. SEWERS
Sec. 18.66. Definitions.
The following words, terms and phrases, when used in this article, shall have the mean-
ings ascribed to them in this section, except where the context clearly indicates a different
meaning:
B.O.D. (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five (5) days
at twenty (20) degrees Celsius (sixty-eight (68) degrees Fahrenheit) expressed in milligrams
per liter.
Building drain means that part of the lowest horizontal piping of a drainage system which
receives the discharge from soil, waste and other drainage pipes inside the walls of the building
and conveys it to the building sewer, beginning five (5) feet outside the inner face of the
building wall.
Building sewer means the extension from the building drain to the public sewer or other
place of disposal.
Garbage means solid wastes from the preparation, cooking and disposing of food, and from
the handling, storage and sale of produce.
Industrial wastes means the liquid wastes from industrial processes as distinct from
sanitary sewage.
Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of
surface water or groundwater.
pH means the logarithm of the reciprocal of the hydrogen ion concentration in moles per
liter.
Properly shredded garbage means the wastes from the preparation, cooking and dis-
pensing of food that have been shredded to such degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers, with no particle greater than
one-half inch in any dimension.
Public sewer means a sewer in which all owners of abutting properties have equal rights
and which is controlled by public authority.
1130
CODE INDEX
UTILITIES—Cont'd.
Multiple dwelling, responsibility of owner of ............
Section
18-46
Payment cycle ........................................
Rates
18-43
..........
Rents and tapping fee receipt prerequisite to turning water
18-40
on...................................
Service charges for
18-44
.....................
Technical provisions, service to comply with
18-39
..............
Temporary interruption of service
18-3
........................
Termination of service
18-12
.......................
Unlawful connections
18.6
...................................
Unlawful use
18-17
..................................
Utility service
18-18
Application required ..........................
Not available to debtors
18-8
...............................
Use assumed
................................ " " "
Water
18-10
Appurtenances
From street through meter box
......................
Department
18-37
Control meters
..............................
Meters " " " "
18-38
Street through meter box
............................
Water department to control meters .........
18-37
18-38
Tap, extension, authority for
.......................
Zoning regulations in general
18-36
...................
See: ZONING
19.1 et seq.
►tA
VARIANCES
Flood damage prevention variance procedure ............. 8.5-34
Historic preservation certificate of appropriateness variances 5-101u)
VEGETATION
Soil erosion and sedimentation control .................... 13-1 et seq.
See: SOIL EROSION AND SEDIMENTATION CONTROL
VIADUCTS. See: STREETS, SIDEWALKS AND OTHER
PUBLIC WAYS
VOICES
Noise prohibitions ...................................... 11-3(b)(3)
VOLUNTEERS
Civil defense volunteers.........
W
WATER SUPPLY AND DISTRIBUTION
Flood damage prevention regulations ..................... 8.5-1 et seq.
See: FLOOD DAMAGE PREVENTION
1865
HAWKINSVILLE CODE
WATER SUPPLY AND DISTRIBUTION—Cont'd.
General regulations............ Section
See: UTILITIES 18 36 et seq.
Wells ... 9-26 et seq.
See: WELLS
Zoning regulations in general ............................ 19-1 et seq.
See: ZONING
WATERWAYS AND WATERCOURSES
Flood damage prevention regulations
.....................
See: FLOOD DAMAGE PREVENTION
8.5-1 et seq.
Sewer regulations .........................
See: UTILITIES " '
18-66 et seq.
Soil erosion and sedimentation control...........
See: SOIL EROSION AND SEDIMENTATION CONTROL
13-1 et seq.
Solid waste
Deposits in streams, etc ................................
Water regulations .....................
14-7
See: UTILITIES " " "
18-36 et seq.
WEAPONS. See: FIREARMS AND WEAPONS
WEEDS AND BRUSH
Generally ...
.............. ... . . . . . . . . . . . . . . .
Solid waste management
9-4
.............
See: SOLID WASTE MANAGEMENT
14-1 et seq.
WELLS
Abandonment of wells...........
.
Connection to present city water mains prohibited
9.36
....... •
Disposal wells .........
9-38
General guidelines ' ' ' . ' ' '
9 37
principles .
Hearings .................
9-30
Permits
9-28
Applications .
Determining factors, standards ' ' ' ' ' '
9-27
Factors of consideration generally ....... . . . ' '
9 32
Hearings ..................
9-31
Recording, notice of board action on applications
9-28
.... • . • .
Required ..............
9-29
. . . . '
Requirements provided for in applications
9-26
.
Pump installations
9-33
......
Repair of wells........
9-35
Report to city after completion
9-34
of well ..
Utilities ....
9-39
See: UTILITIES " " "
18-1 et seq.
Violations..............................................
WHISKEY
Alcoholic beverages . ......
...... . ......................
See: ALCOHOLIC BEVERAGES
3-1 et seq.
1866
CODE INDEX
UTILITIES—Cont'd
Multiple dwelling, responsibility
Section
of owner of ............
Payment cycle ............
46
.
Rates ..........
18-43
Rents and tapping fee receipt prerequisite to turning
18-40
on . water
Service charges for......
18-44
Technical provisions, service to comply with . . ' ' • '
Temporary interruption
18-39
18.3
of service
..
Termination of service
18-12
Unlawful connections
18-6
Unlawful use ....
18-17
Utility service
18-18
Application required ..................................
Not available to debtors
18 8
...............................
Use assumed
18.9
....
Water
18.10
Appurtenances
From street through meter box
.......... .
Department
18-37
Control meters....
.
Meters
18-38
Street through meter box
. .
Water department to control meters ' • ' '
18-37
.
Tap, extension, authority for.. ..... ' ' ' ' ' ' ' ' '
18-36
Zoning regulations in
18-36
general....
See: ZONING " " " " " " " '
19-1 et seq.
V
VARIANCES
Flood damage prevention variance
procedure .............
Historic preservation certificate of appropriateness variances
VEGETATION
51010)
Soil erosion and sedimentation control........
.
See: SOIL EROSION AND SEDIMENTATION CONTROL
13 1 et seq.
VIADUCTS. See: STREETS, SIDEWALKS AND OTHER
PUBLIC WAYS
VOICES
Noise prohibitions ......................................
VOLUNTEERS
Civil defense volunteers .................................
W
WATER SUPPLY AND DISTRIBUTION
Flood damage prevention regulations ....... ...... .
See: FLOOD DAMAGE PREVENTION ' ' ' ' . • • 8.5-1 et seq.
1865
CODE INDEX
BUILDINGS—Cont'd.
Section
BUILDINGS—Cont'd.
Section
Beams
Spray ventilation ....................
5.202
Spacing ........ .. ...................
5-153
Vehicle repair shops............ ....
5-195
Bracing, . ................. .............
5-155
Fire stopping..........................
5-46
Breezeways
Footings and foundations; ventilation and
Fire, health and safety standards.......
5-191
clearance
Bridging.... ...........................
5.143
Chimney footing ....................
5-127
Building code
Depth ..............................
5.123
Alterations and repairs ................
5.39
Exceptions..........................
5-125
Amendment of rules ...................
5-78
Foundation plate ....................
5-126
Annual reports ........................
5-76
Materials...........................
5.122
Appeals
Minimum clearance .................
5.130
Court appeals ......... .............
5.217
Minimum requirements..............
5.128
Generally ...........................
5-216
Required............................
5-121
Application of provisions, , .............
5.27
Ventilation .........................
5-129
Applications and permits ..............
5.70
Wall footing ........................
5-124
Badges
Incombustible materials ...............
5-45
Official badge .......................
5-85
Inspection ............................
5-72
Building inspection department ........
5.62
Maintenance
Building inspector
Required ............................
5-37
Appointment of .....................
5-63
Responsibility for....................
5-38
Powers and duties ...................
5.69
Matters covered.......................
5-29
Responsibility .......................
5.67
Matters not provided ..................
5-32
Compliance with provisions ............
5-34
Modifications
Court appeals .........................
5-217
Authorized..........................
5-80
Deputy inspector ......................
5-65
Written.............................
5-81
Employee restrictions ..................
5.66
Multifamily dwellings
Examining board ......................
5.61
Exit requirements ...................
5.184
Exemptions ...........................
5.30
Municipal cooperation .................
5-86
Family dwellings
New rules ............................
5-74
Exit requirements ...................
5.182
Notices and orders....................,
5-71
Final inspection .......................
5.83
Nuisances ............................
5.42
Fire district
Official badge .........................
5-85
Construction within .................
5-44
Ordinary repairs......................
5-33
Generally ...........................
5.43
Organization..........................
5-64
Fire, health and safety standards
Penalties .............................
5-218
Air conditioning and ventilation......
5.204
Permit
Assembly building ...................
5.188
Application
Bulk storage ........................
5-196
Amendment.......................
5-102
Commercial buildings ...............
5-186
Required..........................
5-96
Doors ...............................
5-187
By whom application made...........
5-97
Exits
Description of work. .................
5-98
Exit signs .........................
5-189
Engineering details..................
5.101
Family dwelling ...................
5-182
Plans and specifications..............
5-99
Multifamily dwelling ..............
5-184
Plot diagram ........................
5.100
Required ..........................
5-181
Service connections..................
5-104
Sleeping room .....................
5-183
Time limitations ....................
5.103
Garages, breezeways .................
5-191
Physical value, determining of .........
5-40
Handicapped access ..................
5-206
Preliminary inspection.................
5-82
Hazardous uses .....................
5-197
Promulgation of rules..................
5-79
Limitations .........................
5-185
Provisions supplementary, repealer.....
5-47
Maintenance ........................
5-198, 5-205
Purpose...............................
5.28
Natural light and ventilation ........
5-203
Records ...............................
5-75
Paint shops .........................
5.200
Repealer..............................
5.47
Parking structures ..................
5-194
Research..............................
5-73
Private garages .....................
5-190
Responsibility.........................
5-67
Public garages ......................
5-193
Right of entry.........................
5-84
Special permits ......................
5-199
Rule making authority ................
5-77
Special storage ......................
5-192
Service equipment
Spray booths ........................
5-201
Application .........................
5-36
2185
LAMAR CODE
BUILDINGS —Con t'd.
Section
BUILDINGS—Cont'd.
Section
Certificate of approval ...............
5-35
Footings..............................
5-127
Sleeping rooms
City engineer
Exit requirements ...................
5-183
Generally.............................
2-271 et seq.
Stop work order
See: ENGINEERS AND ENGI-
Application of provisions .............
5-107
NEERING
Fee .................................
5.106
Clearances
Generally ...........................
5-105
Construction clearances................
5.167
To whom fees paid.. . ................
5-108
Codes
Title ..................................
5-26
Building code .........................
5-26 et seq.
Use change ...........................
5.41
See herein: Building Code
Wooden construction; chimney; vents; fire-
Electrical code adopted ................
7.101
places
Combustible framing ....................
5.162
Beam spacing .......................
5-153
Commercial buildings
Bearing and anchorage on girder .....
5-151
Fire, health and safety standards.......
5.186
Bracing .............................
5.155
Connections and fastenings ..............
5.146
Bridging ............................
5-143
Cutting and notching....................
5-148
Chimneys ...........................
5-164
Dangerous structures
Combustible framing ................
5.162
Appeal from order.....................
5.251
Connections and fastenings ..........
5-146
Certification of cost of abatement; lien;
Construction clearances ..............
5-167
payment..........................
5-249
Cutting and notching ................
5-148
Collection; insurance proceeds..........
5-250
Fireplaces ..........................
5.166
Contract authorization.................
5-248
Flashing ............................
5.161.
Emergency measures authorized........
5-252
Grade protection ....................
5-160
Findings by hearing...................
5-247
Joists in girder ......................
5-152
Hearing upon failure to comply with no -
Multiple joists and rafters............
5.150
tice.......................... , ....
5-246
Nailing of sheathing .................
5.163
Inspections, notice of violation..........
5-243
Openings, framing over ..............
5-156
Liability For enforcement...............
5-253
Other references ....................
5.168
Nuisances
Plats and ribbon board ...............
5.147
Conditions declared..................
5-241
Rafters and joists ....................
5.144
Notice of determination of ...........
5-244
Roof decking ........................
5.158
Order of compliance; contract authorized
5.248
Roof rafters .........................
5-149
Service of notice.......................
5-245
Sheathing
Standards for enforcement .............
5-242
Nailing of ........................
5.163
Decking
Types of ..........................
5-157
Roof decking..........................
5-158
Studs ...............................
5-145
Disclosure of interest....................
2-11
Subflooring .........................
5-142
Doors
Vents ...............................
5.165
Fire, health and safety standards.......
5-187
Weather boarding ...................
5-159
Electricity..............................
7-1 et seq.
Wood frame construction .............
5.141
See: ELECTRICITY
Wood posts ..........................
5-154
Emergencies
Written modification ..................
5.81
Dangerous structures, emergency mea -
Zoning laws or statutes ................
5.31
sures authorized...................
5-252
Building inspection department ..........
5.62
Examining board ........................
5-61
Building inspector
Exits
Appointment of .......................
5-63
Family dwelling.. , ....... , ............
5-182
Deputy inspector ......................
5-65
Multifamily dwellings ............... , .
5-184
Flood hazard prevention duties.........
9-2,9.3
Required ..............................
5-181
Official badge .........................
5-85
Signs.................................
5-189
Powers and duties .....................
5-69
Sleeping rooms........................
5-183
Records ...............................
5-68
Fence
Responsibility .........................
5.67
Gas, fire appliances requirements ......
5-165
Building sewer regulations ...............
18-113 et seq.
Fire district
See: PLUMBING
Construction within ...................
5-44
Bulk storage
Generally .............................
5-43
Fire, health and safety standards.......
5-196
Incombustible materials ...............
5-45
Chimneys
Fire, health and safety standards.........
5-181 et seq.
Construction requirements .............
5-164
See herein: Building Code
2186
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d6
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Robert L. Van Nort, City Manager
MEETING DATE: April 21, 1992 REPORT DATE: April 14, 1992
FROM: Sid J. Mousavi, City Engineer/Public Works Director
TITLE: Pathfinder Bridge Widening Project
SUMMARY: The Pathfinder Bridge Widening Project consists of the proposed widening of Pathfinder Road
Overcrossing on State Route 57, modification of the southerly ramp terminals and traffic signals, and
construction of a park and ride lot on the northeast quadrant of the interchange. The project has been
determined that it will be funded jointly by Caltrans, the County of Los Angeles, and the City. A cooperative
agreement has been developed to specify the terms and conditions under which this project is to be engineered,
constructed, financed, and maintained.
RECOMMENDATION: It is recommended that the City Council authorizes the Mayor to enter into an
agreement with the County of Los Angeles and Caltrans.
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 Clerk's Office)
_ Other
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:
Assistant City Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: April 21, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Robert L. Van Nort, City Manager
SUBJECT: Pathfinder Bridge Widening Project
ISSUE STATEMENT
In order to clearly specify the terms and conditions under which
the Pathfinder Bridge Widening Project is to be engineered,
constructed, financed, and maintained, the City needs to enter into
a cooperative agreement with the County of Los Angeles and
Caltrans.
RECOMMENDATION
It is recommended that the City Council authorizes the Mayor to
enter into an agreement with the County of Los Angeles and
Caltrans.
FINANCIAL SUMMARY
The total project cost estimate, including design and construction
management costs, is estimated to be $2,562,000. Caltrans and the
County of Los Angeles participation will be $342,000 and $510,000,
respectively. The City's portion is estimated to be $1,710,000
consisting of $818,000 local and regional Federal -Aid -Urban (FAU)
Funds and $892,000 Gas Tax Fund.
BACKGROUND/DISCUSSION
The Pathfinder Bridge Widening Project consists of widening of the
Pathfinder Road Overcrossing on State Route 57, modification of the
southerly ramp terminals and traffic signals, and construction of
a park-and-ride lot on the northeast quadrant of the interchange.
These proposed improvements will eliminate the bottleneck and
reduce the resultant congestion currently existing on the two-lane
overcrossing. The project has been determined that it will be
funded jointly by Caltrans, the County of Los Angeles, and the City
of Diamond Bar. Additionally, the County of Los Angeles has
accepted to be the lead agency in design and construction of said
project.
The construction cost of the project is estimated to be $2.1
million. Caltrans has agreed to contribute $300,000 towards the
construction cost of the bridge improvements and the County of Los
Angeles will pay $300,000 for the construction of the park-and-ride
facility. The City has assigned $818,000 of the FAU Funds towards
the construction cost. The remaining portion of the cost, which is
$682,000, will be funded by the City's Gas Tax Fund.
Staff has been informed by Caltrans that the plans and specifica-
tions should be finalized by the end of April. once the
cooperative agreement is fully executed, necessary encroachment
permits will be issued prior to bid advertisement. Tentatively,
the project is scheduled for solicitation of bids in May of 1992
with construction starting in June of 1992 and work to be completed
by June of 1993.
Prepared By:
Sid Jalal Mousavi
07 -LA -57 R3.17
At Pathfinder Road
Widen OC and construct
Park & Ride
07231 - 019010
District Agreement No. 4004
COOPERATIVE AGREEMENT
This AGREEMENT entered into on , 19_ is between
the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as STATE, and
CITY OF DIAMOND BAR
a body politic and a municipal
corporation of the State of
California, referred to herein
as "CITY"
COUNTY OF LOS ANGELES
a political subdivision of the
State of California, referred
to herein as "COUNTY"
Agreement No. 4004
RECITALS
1. STATE, CITY and COUNTY, pursuant to Streets and Highways
Code Section 130, are authorized to enter into a Cooperative
Agreement for improvements to State highways within CITY.
2. CITY and COUNTY desire State highway improvements
consisting of widening the overcrossing and roadway approaches, and
modifying the ramps and traffic signals on Route 57 at Pathfinder
Road, referred to herein as "PROJECT," and are willing to share in
the capital outlay and staffing costs as set forth herein, except
that costs of STATE's oversight of environmental, design and right
of way activities may be borne by STATE.
3. STATE desires to incorporate into the design and
construction of PROJECT, a Park and Ride facility in the northeast
quadrant of the interchange area. Said facility will be designed
and constructed in accordance with STATE approved Project Report
No. 2417.
4. CITY and COUNTY are agreeable to incorporating the Park
and Ride lot into PROJECT.
F,
Agreement No. 4004
5. STATE and CITY are agreeable to COUNTY's proposal to
design and prepare the contract documents, advertise, award and
administer the construction contract for PROJECT in order to bring
about earliest completion of PROJECT.
6. CITY and COUNTY will benefit from PROJECT with better
traffic circulation and decreased congestion.
7. STATE will benefit from PROJECT with construction of the
Park and Ride facility through an improved level of service and
enhanced safety within the interchange area.
8. This Agreement supersedes any prior Memorandum of
Understanding (MOU) relating to PROJECT.
9. The parties hereto desire to define herein the terms and
conditions under which said PROJECT will be developed, designed,
constructed, financed and maintained.
3
Agreement No. 4004
deposits to COUNTY within 20 days of the receipt of each Billing
Invoice from COUNTY. Actual costs to be borne by STATE will be
determined by final accounting upon completion of COUNTY's
construction contract.
4. To accept an estimated amount of $818,000 of CITY Local
Federal -Aid -Urban (LFAU) Funds (FAU) and Regional FAU (RFAU) funds
previously assigned to COUNTY under separate Agreement between CITY
and COUNTY (No. 64739) as partial payment of CITY's share of the
estimated total cost of PROJECT as identified on Exhibit A.
5. To bill CITY, immediately following bid opening, the
amount of $892,000, which figure represents CITY's estimated share
of PROJECT cost as identified on Exhibit A.
6. To have a Project Report (PR), Environmental Document
(ED), and detailed Plans, Specifications, and Estimate (PS&E)
prepared at no cost to STATE and CITY and to submit each to STATE
for review and approval at appropriate stages of development.
Final plans shall be signed by a Civil Engineer registered in the
State of California.
7. To utilize COUNTY staff to prepare the PR, conduct
environmental studies and obtain the environmental clearance,
5
Agreement No. 4004
prepare the PS&E, and perform right of way activities.
8. To make COUNTY staff who prepared the PS&E available, at
no cost to STATE and CITY, through completion of construction of
PROJECT to discuss and resolve problems which may arise during
construction and/or to make design revisions for contract change
orders.
9. That Federal funds may be used for design of PROJECT.
10. To apply for necessary Encroachment Permits for required
work within State Highway rights of way in accordance with STATE's
standard permit procedures, as more specifically defined in
Articles (4),(5),(6),(7) and (8) of Section IV, of this Agreement.
11. To use COUNTY staff to perform surveys, such surveys
shall conform to the methods, procedures and requirements of
STATE's Surveys Manual. COUNTY's construction contract shall not
include construction surveys as a bid item.
12. To identify and locate all high and low risk underground
facilities within PROJECT area, and protect or otherwise provide
for such utilities, all in accordance with STATE's "Manual on High
and Low Risk Underground Facilities Within Highway Rights of Way."
6
Agreement No. 4004
13. If any existing public and/or private utilities conflict
with the construction of PROJECT, COUNTY will make all necessary
arrangements with the owners of such utilities for their
protection, relocation, or removal. COUNTY will inspect the
protection, relocation, or removal, and if there are costs of such
protection, relocation, or removal which STATE, COUNTY and/or CITY
must legally pay, CITY will bear the cost of said protection,
relocation, or removal, plus cost of engineering overhead and
protection. If any protection, relocation, or removal of utilities
is required, such work will be performed in accordance with STATE
policy and procedure for those utilities within STATE's existing or
proposed right of way and in accordance with CITY policy for those
utilities outside STATE's existing or proposed right of way.
14. To furnish evidence to STATE, in a form acceptable to
STATE, that arrangements have been made for the protection,
relocation, or removal of all conflicting utilities within STATE's
right of way and that such work will be completed prior to the
award of the contract to construct PROJECT or as covered in the
Special Provisions for said contract. This evidence shall include
a reference to all required State Highway Encroachment Permits.
6
Agreement No. 4004
15. To relocate utility facilities within STATE's right of
way to STATE specifications per STATE's Encroachment Manual and the
"Manual on High and Low Risk Underground Facilities Within Highway
Rights of Way."
16. To comply with the terms and conditions of the Highway
Encroachment Permits, existing California Law, including Statutory
and Case Law, and all existing property rights when determining
liability for utility relocation costs.
17. To perform all right of way activities, at no cost to
STATE and CITY, in accordance with procedures acceptable to STATE,
and in compliance with all applicable State and Federal laws and
regulations, subject to STATE oversight, to assure that the
completed work is acceptable for incorporation into the State
Highway right of way.
18. To certify legal and physical control of rights of way
ready for construction, and that all rights of way were acquired in
accordance with applicable State and Federal laws and regulations
subject to review and concurrence by STATE prior to the granting of
said Encroachment Permit for PROJECT.
E3
Agreement No. 4004
19. To advertise, award and administer the construction
contract for PROJECT in accordance with the requirements of the
Local Agency Public Construction Act and the California Labor Code,
including its prevailing wage provisions utilizing COUNTY staff.
Workers employed in the performance of work contracted for by
COUNTY, and/or performed under Encroachment Permit, are covered by
provisions of the Labor Code in the same manner as are workers
employed by STATE's Contractors. COUNTY shall obtain applicable
wage rates from the State Department of Industrial Relations and
shall adhere to the applicable provisions of the State Labor Code.
Violations shall be reported to the State Department of Industrial
Relations. The contract shall also include the current Federal
Disadvantaged Business Enterprise (DBE) requirements contained in
Title 49 of the CFR, Part 23.
20. Not to advertise a contract for PROJECT until STATE and
CITY have obtained Federal Highway Administration (FHWA) approval
for Federal reimbursement of all qualifying work.
21. To notify STATE and CITY in writing not less than 10 days
prior to opening bids, and within 10 days thereafter to notify
STATE and CITY of bid results.
22. Not to award a contract for PROJECT until written
approval from STATE and CITY has been received.
9
Agreement No. 4004
23. To require that the construction contractor furnish both
a payment and performance bond in COUNTY's name, with both bonds
complying with the requirements set forth in Section 3-1.02 of
STATE's current Standard Specifications.
24. To construct PROJECT in accordance with plans and
specifications prepared by COUNTY, to the satisfaction of and
subject to the approval of STATE and CITY.
25. Contract administration procedures shall conform to the
requirements set forth in STATE's Construction Manual, Local
Programs Manual, and the Encroachment Permit for construction of
PROJECT.
26. Construction within the existing or ultimate STATE right
of way shall comply with the requirements in STATE's Standard
Specifications and PROJECT Special Provisions, and in conformance
with methods and practices specified in STATE's Construction
Manual.
27. Material testing and quality control shall conform to the
sample types and frequencies in the charts of the State
Construction Manual, and be performed, at COUNTY's or CITY's
expense, by COUNTY staff or a certified materials tester acceptable
10
Agreement No. 4004
to STATE. Independent assurance testing, specialty testing, and
off-site source inspection and testing, as indicated in the special
provisions, shall be performed by STATE at no cost to COUNTY or
CITY. Approval of asphalt and concrete plants shall be by STATE,
at STATE expense.
28. At COUNTY"s or CITY's expense, to furnish qualified
support staff using COUNTY forces, subject to approval of STATE, to
assist the Resident Engineer in, but not limited to, construction
surveys, soils and foundation tests, measurement and computation of
quantities, testing of construction materials, checking shop
drawings, preparation of estimates and reports, preparation of As -
Built drawings, and other inspection and staff services necessary
to assure that the construction is being performed in accordance
with the plans and specifications.
29. Upon completion of PROJECT and all work incidental
thereto, to furnish STATE and CITY with a detailed final report of
the total actual construction costs including itemization of actual
unit costs and actual quantities for PROJECT to be borne by STATE
and CITY and to refund to STATE and CITY (within 30 days after
completion of COUNTY's audit) any amount of STATE's or CITY's
deposit required in Articles (3) and (5) above of this SECTION I
remaining after actual costs to be borne by STATE and CITY have
been deducted or to bill STATE or CITY for any additional amount
11
Agreement No. 4004
required to complete STATE's or CITY's financial obligation
pursuant to this Agreement, subject to the limitations of STATE's
and CITY's participation as stipulated in Article (4) of Section
III and in Article II of Section II, respectively, of this
Agreement.
30. To retain all books, documents, papers, accounting
records, and other evidence pertaining to costs incurred, including
support data for cost proposals, and make such materials available
at the respective offices of COUNTY and its subcontractors at all
reasonable times during the contract period.
31. To retain or cause to be retained for audit for STATE or
other government auditors for a period of three (3) years from date
of FHWA payment of final voucher, or four (4) years from date of
final payment under the contract, whichever is longer, all records
and accounts relating to construction of PROJECT.
32. To make the progress payments to the contractor using
STATE, CITY and COUNTY funds and pay all costs for required staff
services as described in Articles (7), (8), (11) and (28) above of
this Section I. The STATE representative shall review all contract
progress pay schedules. STATE does not assume responsibility for
accuracy of itemization on progress pay schedules.
12
Agreement No. 4004
33. Within sixty (60) days following the completion and
acceptance of the PROJECT construction contract, to furnish STATE
and CITY a complete set of acceptable full-sized film positive
reproducible As -Built plans, in accordance with STATE plan format,
and all contract records, including survey documents and microfilm
copy of all structure plans.
SECTION II
CITY AGREES:
1. To pay CITY's share of PROJECT cost, which is estimated
to be $892,000, as identified on Exhibit A, required for
satisfactory completion of PROJECT, including changes pursuant to
contract change orders concurred with by the STATE representative.
2. To deposit with COUNTY, within 30 days of receipt of
billing (which billing will be forwarded immediately following
COUNTY's bid advertising date of a construction contract for
PROJECT), in the amount of $892,000, which figure represents CITY's
estimated share of PROJECT cost (matching funds), as identified in
Article (5), of Section I, of this Agreement.
3. Upon completion of work under this Agreement, CITY .will
13
Agreement No. 4004
2. To provide, pursuant to Article (17) of section I, of this
Agreement, oversight of all right of way activities undertaken by
COUNTY, or its designee.
3. To issue, at no cost to COUNTY, upon written application,
by COUNTY, an Encroachment Permit authorizing entry onto STATE'S
right of way to perform survey and other investigative activities
required for preparation of the PR, ED and/or PS&E.
4. To deposit with COUNTY, within 25 days of receipt of
billing (which billing will be forwarded immediately following
COUNTY's bid advertising date of a construction contract for
PROJECT) the amount of $60,000, which figure represents the
estimated initial deposit for one month's estimated construction
cost and two months' estimated cost of construction engineering for
PROJECT. STATE'S total obligation for said anticipated PROJECT
cost under this Agreement shall not exceed the amount of $342,000,
as identified in Article (2) of Section IV, of this Agreement.
5. To issue, at no cost to COUNTY and COUNTY'S contractor,
upon proper application by COUNTY and by COUNTY's contractor, the
necessary Encroachment Permits for required work within the State
highway rights of way, as more specifically defined in Articles
(4), (5), (6), (7), and (8) of Section IV, of this Agreement.
15
Agreement No. 4004
6. To provide, at no cost to CITY and COUNTY, a qualified
State Representative who is a licensed Civil Engineer in the State
of California, and who shall have authority to accept or reject
work and materials or to order any actions needed for public safety
or the preservation of property and to assure compliance with all
provisions of the Encroachment Permit(s) issued to COUNTY and to
COUNTY's contractor.
7. To provide any "State Furnished Material" as shown on the
plans for PROJECT and as provided in the Special Provisions for
PROJECT. The cost of furnishing "State Furnished Materials" will
be considered as part of STATE's contribution to PROJECT, as
identified on Exhibit A.
8. Changes to PROJECT plans and specifications will be
facilitated through contract change orders approved by STATE's
representative without issuance of an Encroachment Permit Rider.
16
SECTION IV
IT IS MUTUALLY AGREED:
Agreement No. 4004
1. All obligations of STATE under the terms of this Agreement
are contingent upon the appropriation of resources by the
Legislature and the allocation of resources by the California
Transportation Commission.
2. STATE's total obligation for capital outlay and support
costs under this Agreement, inclusive of claims, shall not exceed
the amount of $342,000.00, and will be subject to audit
verification as to all elements of costs and fees charged. STATE
may, at its sole discretion hereafter in writing, authorize a
greater amount by written amendment to this Agreement. Actual cost
reimbursement, direct and indirect, shall be in conformance with
procedures set forth in the Cost Principles and Procedures, Chapter
1, Part 31, CFR 48. Any STATE funds remaining on deposit with
COUNTY for construction shall be returned to STATE within 30 days
after completion and acceptance of construction of PROJECT by
STATE.
17
Agreement No. 4004
3. COUNTY's total obligation under this Agreement shall not
exceed $510,000 which figure represents the cost of preliminary
engineering and COUNTY's share of construction and construction
engineering for PROJECT as identified on Exhibit A.
4. Construction by COUNTY of improvements referred to herein
which lie within STATE highway rights of way or affect STATE
facilities, shall not be commenced until COUNTY's original contract
plans involving such work and plan for utility relocations have
been reviewed and approved by signature of STATE's District
Director of Transportation, or the District Director's delegated
agent, and until an Encroachment Permit to COUNTY authorizing such
work has been issued by STATE.
5. COUNTY will obtain the aforesaid Encroachment Permit
through the office of State District Permit Engineer and COUNTY's
application shall be accompanied by twelve (12) sets of reduced
construction plans of aforesaid STATE approved contract plans.
Receipt thereafter by COUNTY of the approved Encroachment Permit
shall constitute COUNTY's authorization from STATE to proceed with
work to be performed by COUNTY or COUNTY's representatives within
proposed STATE rights of way or which affects STATE facilities,
pursuant to work covered by this Agreement. COUNTY's authorization
18
Agreement No. 4004
to proceed with said work shall be contingent upon COUNTY's
compliance with all provisions set forth in this Agreement and said
Encroachment Permit.
6. COUNTY's construction contractor shall also be required to
obtain an Encroachment Permit from STATE prior to commencing any
work within STATE rights of way or which affects STATE facilities.
The application by COUNTY's contractor for said Encroachment Permit
shall be made through the office of State District Permit Engineer
and shall include proof said contractor has payment and performance
surety bonds covering construction of PROJECT.
7. COUNTY shall provide a right of way certification prior to
the granting of said Encroachment Permit by STATE, to certify that
legal and physical control of rights of way has been acquired, that
same is ready for construction, and that all rights of way were
acquired in accordance with applicable State and Federal laws and
regulations.
8. COUNTY shall not award a contract to construct any
portion of PROJECT within the proposed STATE rights of way until
after an Encroachment Permit has been issued to COUNTY by STATE.
19
Agreement No. 4004
9. COUNTY's construction contractor shall maintain in force,
until completion and acceptance of their PROJECT construction
contract, a policy of Contractual Liability Insurance, including
coverage of Bodily Injury Liability and Property Damage Liability
in accordance with Section 7-1.12 of State Standard Specifications.
Such policy shall contain an additional insured endorsement naming
STATE and CITY, its officers, agents and employees as additional
insureds. Coverage shall be evidenced by a Certificate of
Insurance in a form satisfactory to STATE which shall be delivered
to STATE before the issuance of an Encroachment Permit to COUNTY's
contractor.
10. In the construction of said PROJECT, representatives of
COUNTY, CITY and STATE will cooperate and consult, and all work
pursuant to PROJECT shall be accomplished according to the approved
plans, specifications and applicable STATE standards. Satisfaction
of these requirements shall be verified by the STATE
representative. The STATE representative is authorized to enter
CITY's property during construction for the purpose of monitoring
and coordinating construction activities.
20
Agreement No. 4004
11. Changes to PROJECT plans and specifications shall be
implemented by contract change orders reviewed and concurred with
by the STATE representative. All changes affecting public safety
or public convenience, all design and specification changes, and
all major changes as defined in STATE's Construction Manual shall
be approved by STATE in advance of performing the work. Unless
otherwise directed by the STATE representative, changes
authorized as provided herein will not require an Encroachment
Permit rider. All changes shall be shown on the As -Built plans
referred to in Article (33) of Section I, of this Agreement.
12. COUNTY shall provide a claims process acceptable to
STATE, and shall process any and all claims through COUNTY's claim
process. The STATE representative will be made available to COUNTY
to provide advice and technical input in any claim process. Said
claims process shall include a provision for arbitration.
13. If the lowest responsible bid received by COUNTY
for construction of PROJECT does not exceed the Engineer's Estimate
by more than to percent, the contract may be awarded by COUNTY.
If, however, upon receipt of bids the Engineer's Estimate is
exceeded by more than 10 percent, STATE, CITY and COUNTY shall
endeavor to agree on an appropriate course of action.
21
Agreement No. 4004
14. Any change requested by the parties hereto in PROJECT
that may be necessary or desirable prior to completion of
the work shall require the written approval of STATE, CITY and
COUNTY. The cost of an approved change, if within the amount
provided for contingency items, may be taken from the fund therefor
provided. If the cost of an approved change exceeds the amount
provided for in contingency items STATE or CITY will, upon receipt
of claim therefor, deposit with COUNTY its share of the estimated
cost of such approved change. Should either party not approve a
cost increase change requested by the other party, the requesting
party may elect to fund 100 percent of the cost therefor.
15. If existing public and/or private utilities conflict with
the construction of PROJECT, COUNTY shall make all necessary
arrangements with the owners of such utilities for their
protection, relocation or removal. COUNTY shall inspect the
protection, relocation or removal of such facilities. If any
protection, relocation or removal of utilities is required, such
work shall be performed in accordance with STATE policy and
procedure for those utilities within STATE's existing
or proposed
right of way and in accordance with CITY policy for those utilities
outside STATE's existing or proposed right of way. Total costs of
such protection, relocation or removal shall be borne by CITY in
22
Agreement No. 4004
accordance with the terms of the Highway Encroachment Permits, Case
Law, Public Utility Regulations and Property Rights. COUNTY shall
require any utility company performing relocation work in STATE's
right of way to obtain a STATE Encroachment Permit prior to the
performance of said relocation work. Any relocated or new
utilities shall be correctly shown and identified on the As -Built
plans referred to in Article (33), Section I of this Agreement.
16. Pursuant to the authority contained in Section 591 of the
Vehicle Code, STATE has determined that within such areas as are
within the limits of PROJECT and'are open to public traffic, COUNTY
and CITY shall comply with all of the requirements set forth in
Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. COUNTY and
CITY shall take all necessary precautions for safe operation of
COUNTY's and CITY's vehicles, the construction contractor's
equipment and vehicles and/or vehicles of personnel retained by
COUNTY or CITY and for the protection of the traveling public from
injury and damage from such vehicles or equipment.
17. Upon completion and acceptance of the PROJECT
construction contract by COUNTY to the satisfaction of the STATE
Representative, STATE will accept control of and maintain, at its
own cost and expense, those portions of PROJECT lying within
STATE's right of way, except local roads delegated to CITY for
23
Agreement No. 4004
maintenance. STATE will maintain, at STATE expense, the entire
structure below the deck surface of any CITY local road
overcrossings.
18. CITY will accept control and maintain, at its own cost
and expense, the portions of PROJECT lying outside STATE's right of
way. Also, CITY will maintain, at CITY expense, local roads within
STATE's right of way delegated to CITY for maintenance and
remaining portions of any local road overcrossing structure,
including the deck surface and above, as well as all traffic
service facilities that may be required for the benefit or control
of CITY local road traffic.
19. STATE will maintain the traffic control signal system and
safety lighting as installed and pay an amount equal to 50% of the
total maintenance costs, including electrical energy costs. CITY
shall reimburse STATE for CITY's proportionate share of said
maintenance costs, such share to be an amount equal to 50% of the
total maintenance costs, including electrical energy costs.
20. Upon completion of all work under this Agreement,
ownership and title to materials, equipment and appurtenances which
are installed within STATE's right of way will automatically be
24
Agreement No. 4004
vested in STATE, and materials, equipment and appurtenances which
are installed will be owned by STATE. No further agreement will be
necessary to transfer ownership as hereinabove stated.
21. Neither STATE nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by COUNTY or CITY under or in
connection with any work, authority or jurisdiction delegated to
COUNTY or CITY under this Agreement. It is understood and agreed
that, pursuant to Government Code Section 895.4, COUNTY and CITY
shall fully defend, indemnify and save harmless STATE, all officers
and employees from all claims, suits or actions of every name, kind
and description brought for or on account of injury (as defined in
Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by COUNTY or CITY under or in connection with
any work, authority or jurisdiction delegated to COUNTY or CITY
under this Agreement.
22. Neither COUNTY nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by STATE or CITY under or in
connection with any work, authority or jurisdiction delegated to
STATE or CITY under this Agreement. It is understood and agreed
that, pursuant to Government Code Section 895.4, STATE and CITY
25
Agreement No. 4004
shall fully defend, indemnify and save harmless COUNTY, all
officers and employees from all claims, suits or actions of every
name, kind and description brought for or on account of injury (as
defined in Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by STATE or CITY under or in
connection with any work, authority or jurisdiction delegated to
STATE or CITY under this Agreement.
23. Neither CITY nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by STATE or COUNTY under or in
connection with any work, authority or jurisdiction delegated to
STATE or COUNTY under this Agreement. It is understood and agreed
that, pursuant to Government Code Section 895.4, STATE and COUNTY
shall fully defend, indemnify and save harmless CITY, all officers
and employees from all claims, suits or actions of every name, kind
and description brought for or on account of injury (as defined in
Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by STATE or COUNTY under or in connection
with any work, authority or jurisdiction delegated to STATE or
COUNTY under this Agreement.
24. The parties hereto will carry out PROJECT in accordance
with the Scope of Work, attached and made a part of this Agreement,
Agreement No. 4004
which outlines the specific responsibilities of the parties
hereto. The attached Scope of Work may in the future be
modified to reflect changes in the responsibilities of the
respective parties. Such modifications shall be concurred with by
CITY's and COUNTY's Director of Public Works or other official
designated by CITY and COUNTY, and STATE's District Director for
District 7 and become a part of this Agreement as a supplement to
this Agreement after execution by the respective officials of the
parties.
25. Prior to award of a construction contract, CITY or COUNTY
may terminate PROJECT and this Agreement in writing, provided CITY
or COUNTY pays STATE for all PROJECT oversight costs incurred by
STATE prior to termination. STATE will bill CITY or COUNTY for the
amount due STATE within thirty (30) days after said termination
notice and CITY or COUNTY will pay said amount within thirty (30)
days after receipt of such billing.
26. No alteration or variation of the terms of this Agreement
shall be valid unless made in writing and signed by the parties
hereto and no oral understanding or agreement not incorporated
herein shall be binding on any of the parties hereto.
27
CITY OF DIAMOND BAR
By
Mayor
Attest:
City Clerk
Approved as to Form:
By:
City Attorney
29
Agreement No. 4004
Agreement No. 4004
07 -LA -57
At Pathfinder Road
Widen OC and construct
Park & Ride
07231 - 019010
SCOPE OF WORK
This Scope of Work outlines the specific areas of responsibility
for various project development activities for the proposed
widening of Pathfinder Road Overcrossing, modification of the ramp
intersection and Park and Ride facility on State Route 57 in the
City of Diamond Bar.
1. COUNTY will be the Lead Agency for CEQA and STATE will be
the State Lead Agency for NEPA. The Federal Highway Administration
(FHWA) will be the Federal Lead Agency for NEPA. COUNTY will
prepare the Environmental Document(s) (ED) to meet the requirements
of CEQA and NEPA. The draft and final ED will require STATE review
and approval prior to public circulation. COUNTY will provide all
data for and prepare drafts of the Project Report (PR) and the
Project Approval Report (PAR). STATE will review and process the
reports and request approval of PROJECT and ED by the FHWA.
2. CITY, COUNTY and STATE concur that the proposal is a
Category 4A as defined in STATE's Project Development Procedures
Manual.
3. COUNTY will submit drafts of environmental technical
reports, and of individual sections of the draft environmental
documents to STATE, as they are developed, for review and comment.
Traffic counts and projections to be used in the various reports
shall be supplied by STATE if available, or by CITY or COUNTY.
Existing traffic data shall be furnished by CITY or COUNTY.
4. STATE will review, monitor, and approve all project
development reports, studies, and plans, and provide all necessary
implementation activities through advertising of the project.
5. Existing freeway agreement need not be revised.
6. All phases of PROJECT, from inception through Construc-
tion, whether done by CITY, COUNTY or STATE, will be developed in
accordance with all policies, procedures, practices, and standards
that STATE would normally follow.
7. Detailed steps in the project development process' are
appended to this Scope of Work. This appendix is intended as a
guide to STATE, CITY and COUNTY staff.
30
Agreement No. 4004
APPENDIX A: PLANNING PHASE ACTIVITIES
2.
3.
PROJECT GEOMETRICS DEVELOPMENT
Prepare Existing Traffic Analysis X
Prepare Future Traffic Volumes for Alternatives X
Prepare Project Geometrics and Profiles X
Prepare Layouts and Estimates for Alternatives X
Prepare Operational Analysis for Alternatives X
Review and Approve Project Geometrics and
Operational Analysis X X
PROJECT APPROVAL
Certify ED in accordance to Countyfs procedures X
Prepare Draft Project Report (DPR) X
Finalize and Submit Project Report with
Certified ED for Approval X
Approve Project Report X
31
RESPONSIBILITY
PROJECT ACTIVITY
STATE
COUNTY CITY
1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION
Establish Project Development Team (PDT)
X
X X
Approve PDT
X
Project Category Determination
X
X X
Prepare Preliminary Environmental Assessment
X
Identify Preliminary Alternatives and Costs
X
Prepare and Submit Environmental Studies
and Reports
X
Review and Approve Environmental Studies
and Reports
X
X
Prepare and Submit Draft Environmental
Document (DED)
X
Review DED
X
X
2.
3.
PROJECT GEOMETRICS DEVELOPMENT
Prepare Existing Traffic Analysis X
Prepare Future Traffic Volumes for Alternatives X
Prepare Project Geometrics and Profiles X
Prepare Layouts and Estimates for Alternatives X
Prepare Operational Analysis for Alternatives X
Review and Approve Project Geometrics and
Operational Analysis X X
PROJECT APPROVAL
Certify ED in accordance to Countyfs procedures X
Prepare Draft Project Report (DPR) X
Finalize and Submit Project Report with
Certified ED for Approval X
Approve Project Report X
31
1.
2.
Agreement No. 4004
APPENDIX B• DESIGN PHASE ACTIVITIES
PROJECT ACTIVITY RESPONSIBILITYSTATE COUNTY CITY
PRELIMINARY COORDINATION
Request 1 - Phase EA
X
Field Review of Site
X
X X
Provide Geometrics
X
Approve Geometrics
X
X
Obtain Surveys & Aerial Mapping
X
Obtain Copies of Assessor Maps
and Other R/W Maps
X
Obtain Copies of As-Builts
X
Send Approved Geometrics to Local Agencies
for Review
Revise Approved Geometrics if required
X
X
Approve Final Geometrics
X
X
Determine Need for Permits from Other
Agencies
X
X
Request Permits
Initial Hydraulics Discussion with
X
District Staff
X
Initial Electrical Design Discussion with
District Staff
X
Initial Traffic & Signing Discussion with
District Staff
X
Initial Landscape Design Discussion with
District Staff
X
Plan Sheet Format Discussion
X
X
ENGINEERING STUDIES AND REPORTS
Prepare & Submit Materials Report and
Typical Section X
Review & Approve Materials Report and
Typical Section X
Prepare & Submit Landscaping Recommendation X
Review & Approve Landscaping Recommendation X
Prepare & Submit Hydraulic Design Studies X
Review & Approve Hydraulic Design Studies X
Prepare & Submit Bridge General Plan &
Structure Type Selection X
Review & Approve Bridge General Plan &
Structure Type X
32
3.
4.
Agreement No. 4004
PROJECT ACTIVITY
R/W ACQUISITION & UTILITIES
Request Utility Verification
Request Preliminary Utility Relocation
Plans from Utilities
Prepare R/W Requirements
Prepare R/W and Utility Relocation Cost
Estimates
Submit R/W Requirements & Utility Relocation
Plans for Review
Review and Comment on R/W Requirements
Longitudinal Encroachment Review
Longitudinal Encroachment Application to
District
Approve Longitudinal Encroachment Application
Request Final Utility Relocation Plans
Check Utility Relocation Plans
Submit Utility Relocation Plans for Approval
Approve Utility Relocation Plans
Submit Final R/W Requirements for Review and
Approval
Fence Review
R/W Layout Review
Approve R/W Requirements
Perform R/W Clearance Activities
Prepare and Submit Certification of R/W
Review and Approve Certification of R/W
Prepare R/W Record Maps
PROJECT ACTIVITY
RESPONSIBILITY
STATEOC UNTY CITY
X
X
X
X
X
X X
X X X
X
X
X
X X X
X
X X
RESPONSIBILITY
STATE COUNTY CITY
PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES
Prepare and Submit Preliminary Stage
Construction Plans
33
X
Agreement No. 4004
Review Preliminary Stage Construction Plans
Calculate and Plot Geometrics
Cross -Sections & Earthwork Quantities
Calculation
Prepare and Submit BEES Estimate
Put Estimate in BEES
Local Review of Preliminary Drainage Plans
and Sanitary Sewer and Adjustment Details
Prepare & Submit Preliminary Drainage Plans
Review Preliminary Drainage Plans
Prepare Traffic Striping and Roadside
Delineation Plans and Submit for Review
Review Traffic Striping and Roadside
Delineation Plans
Prepare & Submit Landscaping and/or Erosion
Control Plans
Review Landscaping and/or Erosion Control
Plans
Prepare & Submit Preliminary Electrical Plans
Review Preliminary Electrical Plans
Prepare & Submit Preliminary Signing Plans
Review Preliminary Signing Plans
Quantity Calculations
Safety Review
Prepare Specifications
Prepare & Submit Checked Structure Plans
Review & Approve Checked Structure Plans
Prepare Final Contract Plans
Prepare Lane Closure Requirements
Review & Approve Lane Closure Requirements
Prepare & Submit Striping Plan
Review & Approve Striping Plan
Prepare Final Estimate
Prepare & Submit Draft PS&E
Review Draft PS&E
Finalize & Submit PS&E to District
34
►Al
1,1
►l
Agreement No. 4004
07 -LA -57
At Pathfinder Road
Widen OC and construct
Park & Ride
07231 - 019010
SCOPE OF WORK
This Scope of Work outlines the specific areas of responsibility
for various project development activities for the proposed
widening of Pathfinder Road Overcrossing, modification of the ramp
intersection and Park and Ride facility on State Route 57 in the
City of Diamond Bar.
1. COUNTY will be the Lead Agency for CEQA and STATE will be
the State Lead Agency for NEPA. The Federal Highway Administration
(FHWA) will be the Federal Lead Agency for NEPA. COUNTY will
prepare the Environmental Document(s) (ED) to meet the requirements
of CEQA and NEPA. The draft and final ED will require STATE review
and approval prior to public circulation. COUNTY will provide all
data for and prepare drafts of the Project Report (PR) and the
Project Approval Report (PAR). STATE will review and process the
reports and request approval of PROJECT and ED by the FHWA.
2. CITY, COUNTY and STATE concur that the proposal is a
Category 4A as defined in STATE's Project Development Procedures
Manual.
3. COUNTY will submit drafts of environmental technical
reports, and of individual sections of the draft environmental
documents to STATE, as they are developed, for review and comment.
Traffic counts and projections to be used in the various reports
shall be supplied by STATE if available, or by CITY or COUNTY.
Existing traffic data shall be furnished by CITY or COUNTY.
4. STATE will review, monitor, and approve all project
development reports, studies, and plans, and provide all necessary
implementation activities through advertising of the project.
5. Existing freeway agreement need not be revised.
6. All phases of PROJECT, from inception through Construc-
tion, whether done by CITY, COUNTY or STATE, will be developed in
accordance with all policies, procedures, practices, and standards
that STATE would normally follow.
7. Detailed steps in the project development process are
appended to this Scope of Work. This appendix is intended as a
guide to STATE, CITY and COUNTY staff.
30
Agreement No. 4004
APPENDIX A: PLANNING PHASE ACTIVITIES
RESPONSIBILITY
PROJECT ACTIVITY
STATE
COUNTY
CITY
1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION
Establish Project Development Team (PDT)
X
X
X
Approve PDT
X
Project Category Determination
X
X
X
Prepare Preliminary Environmental Assessment
X
Identify Preliminary Alternatives and Costs
X
Prepare and Submit Environmental Studies
and Reports
X
Review and Approve Environmental Studies
and Reports
X
X
Prepare and Submit Draft Environmental
Document (DED)
X
Review DED
X
X
2. PROJECT GEOMETRICS DEVELOPMENT
Prepare Existing Traffic Analysis X
Prepare Future Traffic Volumes for Alternatives X
Prepare Project Geometrics and Profiles X
Prepare Layouts and Estimates for Alternatives X
Prepare Operational Analysis for Alternatives X
Review and Approve Project Geometrics and
Operational Analysis X X
3. PROJECT APPROVAL
Certify ED in accordance to County's procedures X
Prepare Draft Project Report (DPR) X
Finalize and Submit Project Report with
Certified ED for Approval X
Approve Project Report X
31
1.
2.
Agreement No. 4004
APPENDIX B: DESIGN PHASE ACTIVITIES
RESPONSIBILITY
PROJECT ACTIVITY STATE COUNTY CITY
PRELIMINARY COORDINATION
Request 1 - Phase EA
X
Field Review of Site
X
X X
Provide Geometrics
X
Approve Geometrics
X
X
Obtain Surveys & Aerial Mapping
X
Obtain Copies of Assessor Maps
and Other R/W Maps
X
Obtain Copies of As-Builts
X
Send Approved Geometrics to Local Agencies
for Review
X
Revise Approved Geometrics if required
X
Approve Final Geometrics
X
X
Determine Need for Permits from Other
Agencies
X
X
Request Permits
X
Initial Hydraulics Discussion with
District Staff
X
Initial Electrical Design Discussion with
District Staff
X
Initial Traffic & Signing Discussion with
District Staff
X
Initial Landscape Design Discussion with
District Staff
X
Plan Sheet Format Discussion
X
X
ENGINEERING STUDIES AND REPORTS
Prepare & Submit Materials Report and
Typical Section X
Review & Approve Materials Report and
Typical Section X
Prepare & Submit Landscaping Recommendation X
Review & Approve Landscaping Recommendation X
Prepare & Submit Hydraulic Design Studies X
Review & Approve Hydraulic Design Studies X
Prepare & Submit Bridge General Plan &
Structure Type Selection X
Review & Approve Bridge General Plan &
Structure Type X
32
EXHIBIT "A"
CONSTRUCTION COST ESTIMATE
Bridge $ 1,110,000
Roadway 231,000
Park and Ride Facility 250,000
Traffic Signal &
Safety Lighting 95,000
Street Lighting 25,000
Subtotal $ 1,711,000
Contingencies 342,000
Total $ 2,053,000
CALL $ 2,100,000
COST SHARING
SUMMARY
($1000)
State
City*
County
Total
Construction
-----
300
----
1500
------
300
-----
2100
Preliminary
Engineering
0
0
168
168
(est. 8% constr)
Construction
Engineering
42
210
42
294
(est. 14%
constr)
342
1710
510
2562
* City funds
will be comprised
of:
Regional FAU
$547
Local FAU
$271
City matching funds
$892
Total
$1710
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CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. a
1.... norm i.. van wort, city Manager
MEETING DATE: April 21, 1992 REPORT DATE: April 13, 1992
FROM: Sid J. Mousavi, City Engineer/Public Works Director
TITLE: The 1991-92 Slurry Seal Improvement Program - Area Two
SUMMARY: On March 3, 1992, the City Council authorized staff to advertise for bids for the 1991-92 Slurry
Seal Improvement Program - Area Two. At this time, the City desires to award a contract to the lowest
responsible bidder.
RECOMMENDATION: It is recommended that the City Council award a contract to Roy Allan Slurry Seal,
Inc. in the amount of $145,599,75.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
_ Ordinances(s)
X Agreement(s)
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
Other
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:
VIEWED BY:
'� / _
Robert L. Van Nort Terrence L. Belanger i Si�ousavi `r
City Manager Assistant City Manager � City Engineer/Public Works Director
MEETING DATE:
TO:
FROM:
SUBJECT:
CITY COUNCIL REPORT
AGENDA NO.
April 21, 1992
Honorable Mayor and Members of the City Council
Robert L. Van Nort, City Manager
The 1991-92 Slurry Seal Improvement Program
Area Two
ISSUE STATEMENT
The City desirosto awacontract
1991-92 rySeal
Improvement Pgram Area Two, to Roy Allan Slurry Seal,
qualified bidder.
the lowest responsible and most q
RECOMMENDATION
It is recommended that the City Council lreceive
nc. for the 1991-92and
Sl award
the contract to Roy Allan Slurry Seal,
Seal Improvement Program - Area Two, based upon their bid, for the
total amount of $145,599.75. Further, it is recommended that the
Council authorize staff to execute change orders for unforeseen
items in the amount not to exceed 10% of the contract amount.
FINANCIAL SUMMARY
This project will be funded by the City's Gas Tax Funds.
BACKGROUND
On March 3, 1992, the City Council authorized staff to advertise
and receive bids for the 1991-92 Slurry Seal Improvement Program -
Area Two. In response to the advertisements, a total o eeleven
contractors obtained plans and specifications for the p j
DISCUSSION
Formal bids were received and opened on April 14, 1992 from five
contractors. The bids are as follows:
Company
1. Roy Allan Slurry Seal, Inc.
2. IPS Services, Inc.
3. Pavement Coatings Co.
4. Doug Martin Contracting Co., Inc.
5. California Pavement Maintenance, Co.
Inc.
Bid Amount
Bid Bond
$145,599.75
10%
$152,403.45
10%
$165,711.85
10%
$167,958.75
10%
$179,907.00
10%
The bid of $145,599.75 submitted by Roy Allan Slurry Seal, Inc.,
has been determined by staff to be the lowest responsible bid.
The engineer's estimate for the construction of this project was
$166,000 and lowest responsible bid is approximately 12% lower than
said estimate.
It is anticipated that the construction will begin on May 11, 1992
and be completed by the end of June, 1992.
Prepared By:
Sid Jalal Mousavi
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: That the following agreement
is made and entered into, in duplicate, as of the date executed by
the City Manager and the City Attorney, by and between
Roy Allan Slurry Seal Inc. hereinafter referred
to as the"CONTRACTOR" and the City of Diamond Bar, California,
hereinafter referred to as "CITY."
WHEREAS, pursuant to the City's request for proposals, bids
were received, opened and declared; and
WHEREAS, City did accept the bid of Contractor
Ro Allan Slurr Seal Inc.
and;
WHEREAS, City has authorized the City Clerk and Mayor to enter
into a written contract with Contractor for furnishing labor,
equipment and material for The 1991-92 Slurry Seal Improvement
Program - Area Two in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: Contractor shall furnish all
necessary labor, tools, materials, appliances, and equipment for
and do the work for the 1991-92 Slurry Seal Improvement Program -
Area Two. Said work to be performed in accordance with specifica-
tions and standards on file in the office of the City Clerk and in
accordance with bid prices hereinafter mentioned and in accordance
with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The aforesaid specifications are incorporated herein by reference
thereto and made a part hereof with like force and effect as if all
of said documents were set forth in full herein. Said documents,
together with this written agreement, shall constitute the contract
between the parties. This contract is intended to require a
complete and finished piece of work and anything necessary to
complete the work properly and in accordance with the law and
lawful governmental regulations shall be performed by the
Contractor whether set out specifically in the contract or not.
Should it be ascertained that any inconsistency exists between the
aforesaid documents and this written agreement, the provisions of
this written agreement shall control.
1
3. TERMS OF CONTRACT
The undersigned bidder agrees to execute the contract
within ten (1o) 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 thirty (30) working 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 consitute a waiver of liquidated
damages.
4. INSURANCE: The Contractor shall not commence work under
this contract until he has obtained all insurance required
hereunder in a company or companies acceptable to City nor shall
the Contractor allow any subcontractor to commence work on his
subcontract until all insurance required of the subcontractor has
been obtained. The Contractor shall take out and maintain at all
times during the life of this contract the following policies of
insurance:
a. Compensation Insurance: Before beginning work, the
Contractor shall furnish to the City 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 accord-
ance 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 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 work of this contract.',
b. For all operations of the Contractor or any sub-
contractor in performing the work provided for
herein, insurance with the following minimum limits
and coverage:
1) Public Liability - Bodily Injury (not auto)
$500,000 each person; $1,000,000 each
accident.
2) Public Liability - Property Damage (not auto)
$250,000 each person; $500,000 aggregate.
3) Contractor's Protective - Bodily Injury
$500,000 each person; $1,000,000 each
accident.
4) Contractor's Protective - Property Damage
$250,000 each accident; $500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each
person; $1,000,000 each accident.
6) Automobile - Property Damage $250,000 each
accident.
C. Each such policy of insurance provided for in
paragraph b. shall:
1) Be issued by an insurance company approved in
writing by City, which is qualified to do
business in the State of California.
2) Name as additional insured the City of Diamond
Bar, its officers, agents and employees, and
any other parties specified in the bid
documents to be so included;
3) Specify it acts as primary insurance and that
no insurance held or owned by the designated
additional insured shall be called upon to
cover a loss under said policy;
3
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 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 a form satisfactory to the
City.
d. The policy of insurance provided for in
subparagraph a. shall contain an endorsement which:
1) Waives all right of subrogation against all
persons and entities specified in subparagraph
4.c.(2) hereof to be listed as additional
insureds in the policy of insurance provided
for in paragraph b. by reason of any claim
arising out of or connected with the
operations of Contractor or any subcontractor
in performing the work provided for herein;
2) Provides it shall not be canceled or altered
without thirty (30) days' written notice
thereof given to City by registered mail.
e. The Contractor shall, at the time of the execution
of the contract, present the original policies of
insurance required in paragraphs a. and b. hereof,
or present a certificate of the insurance company,
showing the issuance of such insurance, and the
additional insureds and other provisions required
herein.
5. PREVAILING WAGE: Notice is 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
works 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.
4
The Contractor shall forfeit, as penalty to City, not
more than twenty-five dollars ($25.00) for each laborer, workman or
mechanic employed for each calendar day or portion thereof, if such
laborer, workman or mechanic is paid less than the general pre-
vailing 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. APPRENTT ESHTD EMPLOYMENT 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 Section 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 to journeymen
that will be used in the performance of the contract. The ratio of
apprentices to journeymen in such cases shall not be less than one
to five except:
a. When unemployment in the area of coverage by the
joint apprenticeship committee has exceeded an
average of 15 percent in the 90 days prior to the
request for certificate, or
b. When the number of apprentices in training in the
area exceeds a ratio of one to five, or
C. When the trade can show that it is replacing at
least 1/30 of its membership through apprenticeship
training on an annual basis statewide or locally,
or
d. When the Contractor provides evidence that he
employs registered apprentices on all of his
contracts on an annual average of not less than one
apprentice to eight journeymen.
The Contractor is required to make contribution to funds
established for the administrative 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.
5
The Contractor and subcontractor under him shall comply
with the requirements of Sections 1777.5 and 1777.6 in the
employment of apprentices.
Information relative to apprenticeship standards, wage
schedules and other requirements may be obtained from the Director
of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall
constitute a legal day's work for all workmen employed in the
execution of this contract, and the Contractor and any sub-
contractor under him shall comply with and be governed by the laws
of the State of California having to do with working hours set
forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code
of the State of California as amended.
The Contractor shall forfeit, as a penalty to City,
twenty-five dollars ($25.00) for each laborer, workman or mechanic
employed in the execution of the contract, by him or any sub-
contractor under him, upon any of the work hereinbefore mentioned,
for each calendar day during which said laborer, workman or
mechanic is required or permitted to labor more than eight (8)
hours in violation of said Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay
travel and subsistence pay to each workman needed to execute the
work required by this contract as such travel and subsistence
payments are defined in the applicable collective bargaining
agreements filed in accordance with Labor Code Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its
officers, agents and employees shall not be answerable or account-
able in any manner for any loss or damage that may happen to the
work or any part thereof, or for any of the materials or other
things used or employed in performing the work; or for injury or
damage to any person or persons, either workmen employees of the
Contractor, of his subcontractors or the public, or for damage to
adjoining or other property from any cause whatsoever arising out
of or in connection with the performance of the work. The
Contractor shall be responsible for any damage or injury to any
person or property resulting from defects or obstructions or from
any cause whatsoever, except the sole negligence or willful mis-
conduct of City, its employees, servants or independent contrac-
tors 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 pro -
N.
vided 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 judgment
rendered against the Contractor or City covering
such claims, damages, penalties, obligations and
liabilities arising out of or in connection with
such work, operations or activities of the
Contractor hereunder, and the Contractor agrees to
save and hold the City harmless therefrom.
C. In the event City, without fault, is 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 and
any 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 damages as aforesaid.
10. NON-DISCRI OffAT -0N 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.
il. CONTRACT PRICE AND PAYMENT City shall pay to the
Contractor for furni.shi.ng all material and doing the prescribed
work the unit prices set forth in the Price Schedule in accordance
with Contractor's Proposal dated April 14, 1992.
12. ATTORNEY'S FEES• In the event that any action or
proceeding is brought by either party to enforce any term of
provision of the Agreement, the prevailing party shall recover its
reasonable attorney's fees and costs incurred with respect thereto.
7
13. TERMINATION: This Agreement may be terminated by the
City upon the giving of a written "Notice of Termination" to
Contractor at least thirty (30) days prior to the date of
termination specified in said notice. In the event of such
termination, Contractor shall only be paid for services rendered
and expenses necessarily incurred prior to the effective date of
termination.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed with all the formalities required by
law on the respective dates set forth opposite their signatures.
State of California
Contractor's License No. 372798, C-32
Roy Allan Slurry Seal, Inc.
11922 Bloomfield Ave.
Santa Fe Springs, CA 90670
Date
By:
W.R. Allan
PRESIDENT
TITLE
CITY OF DIAMOND BAR, CALIFORNIA
By:
rw •-
By:
CITY CLERK
Date
Contractor's Business Phone (310) 864-3363
Emergency Phone at which
Contractor can be reached at any time
APPROVED AS TO FORM:
CITY ATTORNEY
Date
8
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Robert L. Van Nort, City Manager
MEETING DATE: April 21, 1992 REPORT DATE: April 13, 1992
FROM: Sid J. Mousavi, City Engineer/Public Works Director
TITLE: Purchase and installation of Parkway Trees.
SUMMARY: The City Council has previously authorized funds in the Fiscal Year 1991-1992 budget for City
tree maintenance. As part of the maintenance program, staff has prepared plans and specifications for
replacement of missing trees and seeks authorization to solicit bids.
RECOMMENDATION: It is recommended that the City Council approve the attached plans and specifications
for the purchase and installation of parkway trees. Further it is recommended that the City Council adopt the
attached resolution and authorize the City Clerk to advertise for bids.
LIST OF ATTACHMENTS: X Staff Report
X Resolution(s)
_ Ordinances(s)
X Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
Public Hearing Notification
X Bid Specification (on file in City Clerks Office)
Other
1. Has the resolution, ordinance or agreement been reviewed
X Yes
by the City Attorney?
_ No
2. Does the report require a majority or 4/5 vote?
Majority
3. Has environmental impact been assessed?
4. Has the r
report been reviewed by a Commission?
_Yes — No
Which Commission?
—Yes X No
5. Are other departments affected by the report?
Report discussed with the following affected departments:
Yes
— X No
REVT7EWED BY-,
f`
4er�t'L. Van Nort Terrence L. Belanger
City Manager
Sid J. Mousavi
Assistant City Manager
City Engineer/Public Works Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: April 21, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Robert L. Van Nort, City Manager
SUBJECT: Purchase and Installation of Parkway Trees
ISSUE STATEMENT
The City desires to secure competitive bids to purchase and install
parkway trees. Replacements are necessary due to loss of trees
primarily by vehicle knock downs.
RECOMMENDATION
It is recommended that the City Council approve the attached plans
and specification for the purchase and installation of parkway
trees. Further it is recommended that the City Council adopt the
attached resolution and authorize the City Clerk to advertise for
bids.
FINANCIAL SUMMARY
The City Council has appropriated $100,000 in the Fiscal Year 1991-
1992 for tree maintenance activities. The estimate for the project
is $30,000.
BACKGROUND/DISCUSSION
The City has many empty treewells throughout the City. These trees
have been lost primarily through vehicle accidents. In order to
continue the City's Urban Forestry Program it is essential to
continue replacement of deceased trees. Trees are a primary source
Of oxygen in the environment and provide both physical and
Psychological relief from reflected heat and glare from urban
development. In addition the aesthetic value of urban trees is
immeasurable.
Prepared By:
Sid Jalal Mousavi
CITY OF DIAMOND BAR
STATE OF CALIFORNIA
SPECIFICATIONS
FOR
THE PURCHASE AND INSTALLATION
OF PARKWAY TREES IN
THE CITY OF DIAMOND BAR
The City Clerk of the City of Diamond Bar, California will receive at her
office in the City Hall, in said City, until 11:00 a.m. on May 26, 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 SAFETY RECORD . . . . . . . . . .
SUBCONTRACTOR LIST . . . . . . . . . . . . . . . . . . . .
NON -COLLUSION AFFIDAVIT . . . . . . . . . . . . . . . . .
FAITHFUL PERFORMANCE BOND . . . . . . . . . . . . . . . .
LABOR AND MATERIAL BOND . . . . . . . . . . . . . . . . .
BIDDER'S BOND . . . . . . . . . . . . . . . . . . . . . .
AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . .
SPECIAL PROVISIONS . . . . . . . . . . . . . . . . . . .
GENERAL SPECIFICATIONS . . . . . . . . . . . . . . . . .
TECHNICAL SPECIFICATIONS . . . . . . . . . . . . . . . . .
EXHIBIT"A" . . . . . . . . . . . . . . . . . . . . . . .
4 - 8
9 - 15
16 - 17
18 - 20
19A - 19B
21
22
23
24 - 25
26 - 33
34 - 39
40 - 51
42 - 44
SPECIFICATIONS
FOR
THE PURCHASE AND INSTALLATION
OF PARKWAY TREES IN
THE CITY OF DIAMOND BAR
RESOLUTION NO. 92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING PLANS AND SPECIFICATIONS FOR THE PURCHASE
AND INSTALLATION OF PARKWAY TREES IN THE CITY OF DIAMOND
BAR AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE
BIDS.
WHEREAS, it is the intention of the City of Diamond Bar to
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
specifications for Parkway Tree Planting in the City of Diamond
Bar.
SECTION 2. That the City Clerk is hereby authorized and
directed to advertise as required by law for the receipt of sealed
bids or proposals for doing of the work specified in the aforesaid
plans and specifications, which said advertisement shall be
substantially in the following works and figures, to wit:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pursuant to a Resolution of the City Council of the City of
Diamond Bar, Los Angeles County, California, directing this
notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar
will receive at the office of the City Clerk in the City Hall of
Diamond Bar, on or before the hour of 11:00 o'clock A.M. on May
26, 1992, sealed bids or proposals for the purchase and
installation of Parkway Trees in said City.
Bids will be opened and publicly read immediately in the
office of the City Clerk, Suite 100, 21660 E. Copley Drive,
Diamond Bar, California.
Bids must be made on a form provided for the purpose,
addressed to the City of Diamond Bar, California, marked, "Bid
for Purchase and Installation of Parkway Trees in the City of
Diamond Bar".
PREVAILING WAGE: Notice is hereby given that in accordance
with the provisions of California Labor Code, Division 2, Part 7,
Chapter 1, Articles 1 and 2, the Contractor is required to pay
not less than the general prevailing rate of per diem wages for
work of a similar character in the locality in which the public
work is performed, and not less than
the general prevailing rate of per diem wages for holiday and
overtime work. In that regard, the Director of the Department of
Industrial Relations of the State of California is required to
and has determined such general prevailing rates of per diem
wages are on file in the office of the City Clerk of the City of
Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar,
California, and are available to any interested party of 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 ($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.
In accordance with the provisions of Section 1777.5 of the
Labor Code as amended by Chapter 971, Statutes of 1939, and in
accordance with the regulations of the California Apprenticeship
Council, properly indentured apprentices may be employed in the
prosecution of the work.
Attention is directed to the provisions in Sections 1777.5
and 1777.6 of the Labor Code concerning the employment of
apprentices by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor of
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 journeyman that will be used in the performance of the
contract. The ratio of apprentices to journeymen in such cases
shall not be less than one to five except:
A. When unemployment in the area of coverage by the joint
apprenticeship committee has exceeded an average of 15
percent in the 90 days prior to the request for
certificate; or
B. When the number of apprentices in training in the area
exceeds a ratio of one to five; or
C. When the trade can show that it is replacing at least
1/30 of its membership through apprenticeship training
on an annual basis statewide or locally; or
D. When the Contractor provides evidence that he employs
registered apprentices on all of his contracts on an
annual average of not less than one apprentice to eight
journeymen.
The Contractor is required to make contributions to funds
established for the administration of apprenticeship programs if
he employs registered apprentices or journeymen in any
apprenticeable trade on such contracts and if other Contractors
on the public works site are making such contributions.
The Contractor and subcontractor under him shall comply with
the requirements of Sections 1777.5 and 1777.6 in the employment
of apprentices.
Information relative to apprenticeship standard, 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 comply 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 ($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 10 percent (10%) of
the amount of said bid as a guarantee that the bidder will enter
into the proposed contract if the same is awarded to him, and in
event of failure to enter into such contract said cash, cashier's
check, or certified check, or bond shall become the property of
the City of Diamond Bar.
If the City of Diamond Bar awards the contract to the next
lowest bidder, the amount of the lowest bidder's security shall
be applied by the City of Diamond Bar to the difference between
the low bid and the second lowest bid, and the surplus, if any,
shall be returned to the lowest bidder.
The amount of the bond to be given to secure a faithful
performance of the contract for said work shall be one hundred
percent (100%) of the contract price thereof, and an additional
bond in an amount equal to 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 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 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 $15.00, said $15.00 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
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 Contrac-
tor'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.
The Engineer's Estimate is: $30,000
By order of the City Council of the City of Diamond Bar,
California.
Dated this day of 1992.
PASSED, APPROVED AND ADOPTED this 21st day of April, 1992.
ATTEST:
CITY CLERK
MAYOR
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 the 21st day of April, 1992 by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
LYNDA BURGESS, City Clerk
City of Diamond Bar
INFORMATION FOR BIDDERS
1. PREPARATION OF BID FORM: The City invites bids on the form attached to
be submitted at such time and place as is stated in the Notice Inviting
Sealed Bids. All bids should be made in accordance with the provisions of
the Standard Specifications for Public Works Construction, 1991 Edition.
All blanks on the bid form must be appropriately filled in. All bids shall
be submitted in sealed envelopes bearing on the outside the name of the
bidder, his address, and the name of the project for which the bid is
submitted. It is the sole responsibility of the bidder to see that the bid
is received in proper time. Any bid received after the scheduled closing
time for receipt of bids will be returned to the bidder unopened.
2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a
cashiers or certified check or by a bid bond in the amount of not less than
ten percent (10%) of the amount named in the proposal. Said check or bond
shall be made payable to the City Clerk of the City of Diamond Bar and
shall be given as a guaranty that the bidder, if awarded the work, will
enter into a contract within ten (10) days after written notice of the
award and will furnish the necessary bonds as hereinafter provided. In
case of refusal or failure to enter said contract, the check or bond, as
the case may be, shall be forfeited to the City. No bidder's bond will be
accepted unless it conforms substantially to the form furnished by the
City, which is bound herein, and is properly filled out and executed.
3. SIGNATURE: The bid must be signed in the name of the bidder and must
bear the signature in longhand of the person or persons duly authorized to
sign the bid on behalf of the bidder.
4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations
of the work bid upon, alternative proposals or any other modifications of
the bid form which is not specifically called for in the contract documents
may result in the Owner's rejection of the bid as not being responsive to
the invitation to bid. No oral or telephonic modification of any bid
submitted will be considered but a telegraphic modification may be
considered and only if a postmark evidences that a confirmation of the
telegram duly signed by the bidder was placed in the mail prior to the
opening of bids. The bid submitted must not contain any erasures,
interlineation, or other corrections unless each such correction is
suitably authenticated by affixing in the margin immediately opposite the
correction the surname or surnames of the person or persons signing the
bid.
5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and
figures, the words shall prevail. If the amounts bid on individual items
(if called for) do not in fact add to the total amount shown by the bidder,
the correctly added total of the individual items shall prevail over the
total figure shown. The estimated quantities and amounts are for the
purpose of comparison of bids only. The City Council of the City of
Diamond Bar reserves the right to reject any or all bids and to waive any
irregularity or informality in any bid to the extent permitted by law.
6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the
site of the proposed work and the contract documents therefore. It will be
assumed that the bidder has investigated and is satisfied as to the
conditions to be encountered as to the character, quality, and quantity of
materials to be furnished, and as to the requirements of the contract,
specifications and drawings. The name of the individual who examined the
site of the work and the date of such examination shall be stated in the
proposal.
By submitting a bid, the bidder will be held to have personally examined
the site and the drawings, to have carefully read the specifications, and
to have satisfied himself as to his ability to meet all the difficulties
attending the execution of the proposed contract before the delivery of his
proposal, and agrees that if he is awarded the contract, he will make no
claim against the City of Diamond Bar based on ignorance or misunder-
standing of the contract provisions.
7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally,
by written request, or by telegraphic request confirmed in the manner
specified above at any time prior to the scheduled closing time.for receipt
of bids.
8. INSURANCE AND BONDS: The Contractor shall not commence work under this
contract until he has secured all insurance and bonds required under this
section nor shall be allow any subcontractor to commence work on this
subcontract until all similar insurance and bonds required of the
subcontractor have been obtained. All insurance issued in compliance with
this section shall be issued in the form, and be an insurer of insurers,
satisfactory to and first approved by the City in writing. Certificates of
insurance in the amounts required shall be furnished by the contractor to
the City prior to the commencement of work.
The contractor shall maintain adequate Workmen's Compensation Insurance
under the laws of the State of California for all labor employed by him or
by any subcontractor under him who may come within the protection of such
Workmen's Compensation Insurance laws. The contractor shall maintain
public liability insurance to protect said contractor and the City against
loss from liability imposed by law, for damages on account of bodily
injury, including death resulting therefrom, suffered or alleged to have
been suffered by any person or persons, other than employees, resulting
directly or indirectly from the performance or execution of this contract
or any subcontract thereunder, and also to protect said contractor and the
City against loss from liability imposed by law, for damage to any
property, damage insurance shall be maintained by the contractor in full
force and effect during the entire period of performance under this
contract, in the amount of not less than $500,000 for one person injured in
the accident and in the amount of not less than $1,000,000 for more than
one person injured in one accident and in the amount of not less than
$500,000 with respect to any property damage aforesaid. The City shall be
named a co-insured regardless of fault.
10
The contractor shall secure with a responsible corporate surety, or
corporate sureties, satisfactory bonds conditioned upon faithful
performance by the contractor of all requirements under the contract and
upon the payment of claims of materials, men and laborers thereunder. The
Faithful Performance Bond shall be in the sum of not less than one hundred
percent (100%) of the estimated aggregate amount of the payments to be made
under the contract computed on the basis of the prices stated in the
proposal. The Labor and Material Bond shall be in the sum of not less than
one hundred percent (100%) of the estimated aggregate amount of the
payments to be made under the contract computed on the basis of the prices
stated in the proposal.
9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating
submitting a bid for the proposed contract is in doubt as to the true
meaning of any pert of the drawings, specifications, or other contract
documents, or finds discrepancies in, or omissions from the drawings and
specifications, he may submit to the Owner a written request for an
interpretation or correction thereof. The person submitting the request
will be responsible for its prompt delivery. Any interpretation or
correction of the contract documents will be made only by Addendum duly
issued and a copy of such addendum will be mailed or delivered to each
person receiving a set of the contract documents. No person is authorized
to make any oral interpretation of any provision in the contract documents
to any bidder, and no bidder is authorized to rely on any such unauthorized
oral interpretation.
10. DISQUALIFICATION OR BIDDERS: More than one proposal from an
individual, firm, partnership, corporation, or association under the same
or different names, will not be considered. Reasonable grounds for
believing that any bidder is interested in more than one proposal for the
work contemplated will cause the rejection of all proposals in which such
bidder is interested. If there is reason for believing that collusion
exists among the bidders, all bids will be rejected and none of the
participants in such collusion will be considered in future proposals.
11. AWARD OF CONTRACT: The City may award the contract to the lowest
responsible bidder on the total base bid or on any one of the alternates
indicated in the proposal. Bids will be compared on the basis of the
lowest possible cost relative to the alternate or alternates selected and
the contract, if awarded, will be awarded to a responsible bidder whose
proposal complies with the requirements of these specifications. The
award, if made, will be made within sixty (60) calendar days after the
opening of the proposals; provided that the award may be made after said
period of the successful bidder shall not have given the City written
notice of the withdrawal of his bid.
12. ALTERNATES: If alternate bids are called for, the contract may be
awarded at the election of the governing board to the lowest responsible
bidder on the base bid, or on the base bid and any alternate or combination
of alternates.
11
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: Subcontractors shall be permitted.
15. WORKMEN'S COMPENSATION: In accordance with the provisions of Section
3700 of the Labor Code, the Contractor shall secure the payment of
compensation to his employees. The Contractor shall sign and file with the
Owner the following certificate prior to performing the work under this
contract: "I am aware of the provisions of Section 3700 of the Labor Code
which require compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with such provisions
before commencing the performance of the work of this contract."
16. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number
being at the discretion of the Owner, will be held for sixty days or until
posting by the successful bidder of the Bonds required and return of
executed copies of the Agreement, whichever first occurs, at which time the
deposits will be returned after consideration of the bids.
17. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute
a written contract with the City on the form agreement provided, and shall
secure all insurance and bonds as herein provided within ten (10) days from
the date of written notice of the award. Failure or refusal to enter into
a contract as herein provided, or to conform to any of the stipulated
requirements in connection therewith shall be just cause for the annulment
of the award and the forfeiture of the proposal guaranty.
If the successful bidder refuses or fails to execute the contract, the City
may award the contract to the second lowest responsible bidder. If the
second lowest responsible bidder refuses or fails to execute the contract,
the City may award the contract to the third lowest responsible bidder. On
the failure or refusal of such second or third lowest bidder to execute the
contract, such bidder's guarantees shall be likewise forfeited to the City.
The work may then be readvertised.
18. "OR EOUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing
at S4380) Government Code, all specifications shall be deemed to include
the words "or equal", provided however that permissible exceptions hereto
shall be specifically noted in the specifications.
19. EMPLOYMENT OF APPRENTICES: The contractor, and all subcontractors,
shall comply with the provisions in Sections 1777.5, (Chapter 1411,
Statutes of 1968), and 1777.6 of the California Labor Code concerning the
employment of apprentices. The contractor and any subcontractor under him
shall comply with the requirements of said sections in the employment of
apprentices; however, the contractor shall have full responsibility for
compliance with said Labor Code section, for all apprenticeable occupa-
tions, regardless of any other contractual or employment relationships
alleged to exist. In addition to the above State Labor Code Requirements
12
regarding the employment of apprentices and trainees, the contractor and
all sub-contractors shall comply with Section 5 a. 3, Title 29 of the Code
of Federal Regulations (29CFR).
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 specifica-
tions. 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 laborers, workmen, or mechanics employed for each calendar day, or
portion thereof, if such laborer, workman or mechanic employed is paid less
than the general prevailing rate of wages herein referred to and stipulated
for any work done under the proposed contract, by him, or by any subcon-
tractor under him, in violation of the provisions of the Labor Code, and in
particular, Sections 1770 to 1781 inclusive. Copies of all collective
bargaining agreements relating to the work as set forth in the
aforementioned Labor Code are on file and available for inspection in the
Office of the Department of Industrial Relations, Division of Labor
Statistics and Research.
22. PERMITS. FEES AND LICENSES: The Contractor shall possess a valid City
of Diamond Bar business license prior to the issuance of the first payment
made under this contract.
23. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to
commence work on or before the date of the written "Notice to Proceed" of
the City and to fully complete the project as identified in Exhibit "A"
within sixty (60) calendar days thereafter. Bidder must agree also to pay
as liquidated damages, the sum of one-hundred dollars ($100.00) for each
calendar day thereafter as provided in the General Conditions.
24. NO REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are advised
that upon payment of the appropriate purchase price, the set of contract
drawings and specifications become the property of the purchaser and are
not to be returned to the City of Diamond Bar.
25. AWARD OF CONTRACT: The award of the contract, if it be awarded, will
be to the lowest responsible bidder whose proposal complies with all the
requirements described.
26. QUANTITIES: The quantity of work for the unit price items to be done
under the contract, as noted in the Schedule of Prices, is an estimate and
is not to be taken as an expressed or implied statement that the actual
quantity of work will correspond to the estimate.
The right is reserved by the City of Diamond Bar to increase or decrease or
to entirely eliminate items from the work if found desirable or expedient.
13
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.
Erasures of interlineations in the proposal must be explained or noted 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 item total
amount arrived at by multiplying the unit price times the quantity does not
agree with the total amount entered for the item or if the total amount is
not entered, the unit price and the corrected extension will be considered
as representing the bidder's intentions.
If in a unit price bid item the total amount is entered for the item but
not the unit price, the unit price shall be that which is derived by
dividing the total amount bid for the item by the number of units in the
item.
If the amounts bid on individual items (if called for) do not add up to the
total amount shown, the correctly added total of the individual items shall
prevail over the total amount.
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 g'
plans or bid purpose of clarifying or correcting special provisions,
proposal.
Purchasers of contract documents will be furnished with copies of such
addenda, either by first class mail or personal delivery, during theperiod
of advertising. The addenda will be sent to the address the purchaser of
the contract documents left with or furnished the City of Diamond Bar at
the time the purchase was made.
33. TERM OF CONTRACT: The term of this contract shall be 60 days for
planting. Upon completion of planting as described in Exhibit "A" a 60
(sixty) day tree maintenance period will commence.
15
BIDDER'S PROPOSAL
FOR THE PURCHASE AND INSTALLATION OF
BAR, CALIFORNIA PARKWAY TREES IN THE CITY OF DIAMOND
Date
19
To the City Council of the
City of Diamond Bar:
The Undersigned hereby declares:
at
he
principals harettheofollowingpersons
or parties interested in this
proposal as
(If the bidder is a corporation, give the name of the corporation a
name of its president, secretary, treasurer, and manager.
co-
partnership, If nd the
give the name under which the co -partnership does abusiness,
and the names and addresses of all co -
the name under which the contract is toabendrawn.)f an individual, 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 climatic
conditions, and makes this bid solely upon his own knowledge. Proposed work,
(d) That by submitting this Bidder's Proposal, he acknowledges
receipt and knowledge of the contents of those communications sent b
City of Diamond Bar to him at the address furnished by him to th g
Diamond Bar when this Y the
Proposal form was obtained. e City of
(e) That he has carefully examined the specifications, both general
and detail, and the drawings attached hereto, and communications sen
him as aforesaid, and makes this g 1
proposal in accordance therewith, t to
(f) That, if this bid is accepted he will enter into a written
contract for the performance of
Bar. the proposed work with the City of Diamond
(g) That he proposes to enter into such contract and to accept i
full payment for the work actually done thereunder the prices shown
attached schedule. It is understood and agreed that the P n
forth are but estimates in the
quantities whatever they may beat the unit prices will apply qt the set
to the actual
16
Accompanying this proposal is a certified or cashier's check or
bidder's bond, payable to the order of the City of Diamond Bar in the sum
of
Said bidder's bond has been duly executed byLthe undersigned bidder and b
a financially sound surety company authorized to transact business in this
state.
It is understood and agreed that should the bidder fail within 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 returned to the undersigned, or the bidder will be
released from the bidder's bond.
Address -of
City
Zip Code
17
Telephone of Bidder
Signature of Bidder
SCHEDULE OF PRICES
FOR THE
STREET TREE PLANTING
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 furnishing all
materials, as described in Exhibit "A".
ITEM
ITEM
NO.
DESCRIPTION
UNIT ITEM
QUANTITY
PRICE TOTALS
1•
15 gallon Lagerstromia
Indica "Potomac"
Planting in place
per specifications
53
2.
15 gallon Eriobotrya
Deflexa planting in
place per specifica-
tions
37
3'
15 gallon Tristania
conferta planting in
place per specifica-
tions
18
4.
15 gallon Pinus
canariensis with root
barrier planting in
place per specifica-
tions
45
5.
15 gallon Podocarpus
gracillior planting in
place per specifica-
tions
32
6.
47" X 47" tree well
covers in place per
specifications
16
7.
35" x 35" tree well
covers in place per
specifications
18
18
8. 60 day tree mainten-
ance period Lump Sum
TOTAL BID AMOUNT IN FIGURES $
TOTAL BID AMOUNT WRITTEN IN WORDS:
19
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
Project Identification
Rid Date
This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture
or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current
calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture,
corporation or individual bidder. The bidder may atuch any additional information or explanation of data wnich he would like taken into
consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounaing any and all fatalities.
5 Calendar Years Prior to Current Year
1987 1988 1989 1990 TOTAL CURRENT YEAR
1. No. of coairscts
2 Total dollar amount of contracts (in thousands of f)
3. No. of faWitia
4. No. of lost workday cases k
i
S. No. of loot wont day cases involving permanent
transfer to another job or termination of
employment
6 • No. of last workdays
•The information required for these items its the sane as required for columna 3 to 6. Code 10, Occupational Injuria,
Summary - Occupational Injuries sod If ummu, OSSA Na lOZ
The above i[OWMA ion was Compiled kne the , , , g - 'a tbat ate available to me at thin time and I deciae it penalty of perjury that the
information is true and accurate w idds the limitsdosa of tillage trsooedn.
Name of Bidder (prier) Signature
Address State conttaetats' Lia Na A
cisco d"
City zip Coda Tdepbooa
19A
SUBCONTRACTORS LIST
In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sob forth the name
and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor
in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the general
contractor's total bid, and the portion of the work which will be done by each subcontractor.
Name under which Sub- License Address of Office, Specific Description
contractor is licensed Number Mill or Shop of Sub -contract work
& portion of the Work
I
If the bidder fails to epaaw a wrbeonitaeler fw any perfiort of ft work. the bidder agrees to perform ttte work with his own crwrs.
(AKemadve subeontra Ws ler Uta safna work ars prohibNsd by provisions of the Caiifomia Governmeltt Code.)
Dated
Bidder
Signature
Signature
19B
Accompanying this proposal is
(Insert "$
cash", "cashier's check", "certified check", or "bidder's bond",
(as the case may be) in the amount equal to at least ten percent
(10%) 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 applicableportions of the construction documents and
include all costs connected with such items including, but not necessarily
limited to, materials, transportation, taxes, insurance, labor, overhead,
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 for use.
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 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. - CLASSIFICATION - EXPIRATION DATE
I declare under penalty of perjury of the laws of the State of California
that the representations made herein are true and correct in accordance with
the requirements of California Business and Professional Code Section
7028.15.
CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER
20
NONCOLLUSION AFFIDAVIT
State of California
ss.
County of Los Angeles )
deposes and says that he or she is being first duly sworn,
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 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 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.
Signature
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Subscribed and sworn to before me this day of
1992.
Notary Public in and for the County
of Los Angeles, State of California
My Commission expires
21
1992.
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred to as "Contractor" as PRINCIPAL, and
as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR,
CALIFORNIA hereinafter referred to as the "City", in the sum of
Dollars
($ ) lawful money of the United States of America, for the
payment of which sum, will and truly to be made, we bind ourselves, jointly
and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has
been awarded and is about to enter into the annexed contract with said City
for consideration of the work under the specification entitled 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 done and
performed at the time and in the manner specified herein; this obligation
shall be null and void; otherwise it shall be and in full force and effect;
PROVIDED, that any alterations in the work to be done, or the materials to
be furnished, which may be made pursuant to the terms of said contract
shall not in any way release said Contractor or the Surety thereunder nor
shall any extension of item granted under the provisions of said contract
release either said Contractor or said Surety and notice of such
alterations or extensions of the contract is hereby waived by such Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of . 1992.
PRINCIPAL
BY:
( SEAL)
22
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
DOLLARS ($ )
lawful money of the United States of America, for the payment of which sum,
well and truly to be made, we bind ourselves, jointly and several firmly by
these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has
been awarded and is about to enter into the annexed contract with said City
for construction of the work under the City's specification entitled
and is required
by said City to give this bond in connection with the execution of said
contract;
NOW, THEREFORE, if said Contractor in said contract, or subcontractor,
fails to pay for any materials, provisions, provender or other supplies, or
for the use of implements or machinery, used in, upon, for or about the
performance of the work contracted to be done, or for any work or labor
thereon of any kind, or for amounts due under the Unemployment Insurance
Act with respect to such work or labor, said Surety will pay for the same
in an amount not exceeding the sum specified above, and also in case suit
is brought upon this bond, a reasonable attorney's fee, to be fined by the
court. This bond -shall immure to the benefit of any and all persons
entitled to file claims under Section 1192.1 of the Code of Civil Procedure
of the State of California.
PROVIDED, that any alterations in the work to be done, or the material to
be furnished, which may be made pursuant to the terms of said contract,
shall not in any way release either said Contractor or said Surety
thereunder nor shall any extensions of time granted under the provisions of
said contract release either said Contractor or said Surety, and notice of
such alterations or extensions of the contract is hereby waived by said
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of . 1992.
PRINCIPAL
SURETY
BY: By:
(SEAL)
23
(SEAL)
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE,
as principal, and
as surety, are held
and firmly bound unto the City of Diamond Bar in the sum to ten percent
(10%) of the total amount of the bid of the principal, to be paid to the
said City or its certain attorney, its successors and assigns; for which
payment will and truly to be made, we bind ourselves, our heirs, executors
and administrators, successors or assigns, jointly and severally, firmly by
these presents.
In no case shall the liability of the surety hereunder exceed the sum of
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the principal has submitted the above mentioned bid to the
City of Diamond Bar for certain construction specifically described as
follows, for which bids are to be opened at Diamond Bar City Hall on
May 26, 1992 for the Purchase and Installation of Parkway Trees in the City
of Diamond Bar.
NOW THEREFORE, if the aforesaid principal is awarded the contract, and
within the time and manner required under the specifications, after the
prescribed forms are presented to him for signature, enters into a written
contract, in the prescribed form in accordance with the bid, and files the
two bonds with the City of Diamond Bar, one to guarantee faithful
performance and other to guarantee payments for labor and materials, as
required by law, then this obligation shall be null and void; otherwise it
shall remain in full force and effect. In the event suit is brought upon
this bond by the obligee and judgment is recovered, the surety shall pay
all costs incurred by the obligee in such suit, including a reasonable
attorney's fee to be fixed by the court.
24
BIDDER'S BOND (CONTINUED)
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this
day of A.D., 1992
(seal)
(seal)
(seal)
PRINCIPAL (seal)
(seal)
(seal) seal)
ADDRESS (seal)
NOTE: Signatures of those executing for the surety must be properly
acknowledged.
25
AGREEMENT
and enNOW ALL
MEEN Bn THESEcP ESENTS: the date
following agreement is made
and the Mayor, by and between ate executed by the City Clerk
------•-��=1 i-ererred to as the "CONTRACTOR" and the City of Diamond Bar,
California, hereinafter referred to as "Cityll.
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids
were received, publicly opened, and declared on the date specified in said
notice; and
WHEREAS, City did accept the bid of Contractor
and;
WHEREAS, City has authorized the City Clerk and Mayor to enter into a
written contract with Contractor for furnishing labor, equipment, and
material for installation of Parkway Trees in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, it is agreed:
I. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary
labor, tools, materials, appliances, and e
the Purchase and Installation of Parkway TreesminttherCity of Diamondand do thekBafor
r.
Said work to be performed in accordance with specifications and standards
on file in the office of the City Manager and in accordance with bid prices
hereinafter mentioned and in accordance with the instructions of the City
Manager.
2• INCORPORATED DOCUMENTS O BE CONS' ER3 D
aforesaid specifications are incorporated COMPLEMENTARY: The
made a part hereof with like forherein by reference thereto and
were set forth in full herein. ce and effect as if all of said documents Bids attached hereto., together wSaid documents, the Resolution Inviting
constitute the contract between ith this written agreement, shall require a complete and finished the parties. This contract is intended to
complete thpiece of work and anything necessary to
e 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.
inconsistency exists between the aforesaidshould documentsband sthisawrittenat any
agreement, the provisions of this written agreement shall control.
3. TERMS OF CONTRACT
a. The undersigned bidder agrees to execute the contract within
ten (10) calendar days from the date of notice of award of the contract
upon notice by Cit
award of the contractforruton notice
days from the date of noticeofand to complete the p Y City after the 10 calendar days,
days from the executionnofntheortion of the first contractork within sixty
to the assessment of liquidated The bidder arees)furthedar
($100.00) dollars for eachdcalendarages in day thethe workmremains one -hundred
the expiration of the completion date. a amount
nte beyond
from any monies due or that may become duet heaContractordeduct hunder uthis
hereof
contract. progress payments made after the scheduled date of completion
shall not constitute a waiver of liquidated damages.
4. INSURANCE: The Contractor shall not commence work under this
contract until he has obtained all insurance re
company or companies acceptable to City nor shalllred the Contractorhereunderlallow an
subcontractor to commence work on his subcontract until all insurance
required of the subcontractor has been obtained. The contractor shall y
out and maintain at all times during the life of this contract the
following policies of insurance: take
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.
to commencing work, shall sign Contractor, and file with the City aprior
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
and I will comply with such and of that Code,
sio
performance of work of this contractus before commencing the
b• For all operations of the Contractor or any subcontractor
performing the work provided for herein, insurance with thein
following minimum limits and coverage:
1) Public Liability - Bodily Injury (not auto
each person; $1,000,000 each accident. ) $500,000
27
2) Public Liability - Property Damage (not auto) $250,000
each person; $500,000 aggregate.
3) Contractor's Protective - Bodily Injury $500,000 each
person; $1,000,000 each accident.
4) Contractor's Protective - Property Damage $250,000 each
accident; $500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each person;
$1,000,000 each accident.
6) Automobile - Property Damage $250,000 each accident.
C• Each such policy of insurance provided for in paragraph b.
shall:
1) Be issued by an insurance company approved in writing
by City, which is qualified to do business in the State
of California.
2) Name as additional insured the City of Diamond Bar, its
Officers, agents and employees, and any other parties
specified in the bid documents to by so included;
3) Specify it acts as primary insurance and that no
insurance held or owned by the designated additional
insured shall be called upon to cover a loss under said
policy;
4) Contain a clause substantially in the following words:
"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.
d• The policy of insurance provided for in subparagraph a.
shall contain an endorsement which:
1) Waives all right of subrogation against all persons and
entities specified in subparagraph 4.c.(2) hereof to be
listed as additional insureds in the policy of
insurance provided for in paragraph b. by reason of any
claim arising out of or connected with the operations
of Contractor or any subcontractor in performing the
work provided for herein;
28
2) Provides it shall not be canceled or altered without
thirty (30) days' written notice thereof given 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 additional insureds
and other provisions required herein.
5. PREVAILING WAGE: Notice is here by given that in accordance with
the provisions of California Labor code, Division 2, Part 7, Chapter 1,
Articles 1 and 2, the Contractor is required to pay not less than the
general prevailing rate of per diem wages for work of a similar character
in locality in which the public work is performed, and not less than the
general prevailing rate of per diem wages for holiday and overtime work.
In that regard, the Director of the Department of Industrial Relations of
the State of California is required to and has determined such general
prevailing rates of per diem wages. Copies of such prevailing rates of per
diem wages are on file in the office of the City clerk of the City of
Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California, and
are available to any interested party on request. City also shall cause a
copy of such determinations to be posted at the job site.
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 Apprentice-
ship 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 y 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:
29
a. When unemployment in the area of coverage b
apprenticeship committee has exceeded an average of the j 115
percent in the 90 days prior to the request for certificate,
or
b. When the number of apprentices in training in the area
exceeds a ratio of one to five, or
C. When the trade can show that it is replacing at least 1/30
Of its membership through apprenticeship training on an
annual basis statewide or locally, or
d. When the Contractor provides evidence that he employs
registered apprentices on all of his contracts on an annual
average of not less than one apprentice to eight
The Contractor is required to make contribution tofunds
en.
established for the administration of a
programs if he employs registered apprentices pprenticeship
in any apprenticeable trade on such contracts andJifrothern
contractors on the public works site are making such
contributions.
The Contractor and subcontractor under him shall comply with the
requirements of Sections 1777.5 and 1777.6 in the employment of
apprentices.
Information relative to apprenticeship standards, wage schedules
and other requirements may be obtained from the Director of Industrial
Relations, ex -officio the Administrator of A
California, x- from the Division of Apprenticeship
San Francsco,
Offices. pprenticeship Standards and its branch
legal7. LEGAL HOURS OF WORE: Eight
l(8) hours of labor shall constitut
contract, and the Contractor and any subcontractor boyed in thexunderohimfshthis
all c e a
with and be governed by the laws of the State of California having
with working hours set forth in Division 2omply
the Labor Code of the State of California aspamendedchapter 1, Article
d3 of
The Contractor shall forfeit, as a penalty to City, twenty-five
dollars ($Of 25.00) for each laborer, workman, or mechanic employed 1n the
extheecution
k htheinbeforee ontract, by him or any subcontractor under him u
on any
for each calendar day during said
laborer, workman, or mechanic is re
eight (8) hours in violation of said LaboroCode?�►itted to labor more than
8 • 7'R�VEL A_ND�r SUSRTcmF
subsistence `•CE pAY: Contractor agrees to
pay to each workman needed to execute the work req travel and
contract as such travel and subsistence
applicable collective bargaining agreementsmfiledare cwitin accordance witdefined in h Labor
by this
Code Section 1773.8.
30
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers,
agents and employees shall not be answerable or accountable in any manner
for any loss or damage that may happen to the work or any part thereof, or
for any of the materials or other things used or employed in performing the
work; or for injury or damage to any person or persons, either workmen
employees of the contractor of his subcontractors or the public, or for
damage to adjoining or other property from any cause whatsoever arising out
of or in connection with the performance of the work. The contractor shall
be responsible for any damage or injury to any person or property resulting
from defects or obstructions or from any cause whatsoever, except the sole
negligence or willful misconduct of City, its employees, servants, or
independent 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, liabilities and will pay all costs and
expenses, including attorneys' fees incurred in connection
therewith.
b• The Contractor will promptly pay any judgment rendered
against the Contractor or City covering such claims,
damages, penalties, obligations, and liabilities arising out
of or in connection with such work, operations, or
activities of the Contractor hereunder, and the Contractor
agrees to save and hold the City harmless therefrom.
C. In the event City, without fault, its made a party to any
action or proceeding filed or prosecuted against he
Contractor for damages or other claims arising out of or in
connection with the work, operation, or activities of the
contractor hereunder, the contractor agrees to pay to City
any and all costs and expenses incurred by City in such
action or proceeding together with reasonable attorneys'
fees.
31
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 unit prices set
forth in the Price Schedule in accordance with Contractor's Proposal dated
, 1992, in the total amount of $
12. ATTORNEYS' FEES: In the event that any action or proceeding is
brought by either party to enforce any term or provision of this Agreement,
the prevailing party shall recover its reasonable attorneys' fees and costs
incurred with respect thereto.
32
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be duly executed with all the formalities required by law on the respective
dates set forth opposite their signatures.
State of California
Contractor's License No.
Date
APPROVED AS TO FORM
City Attorney
Date
By:
Title
Title
CITY OF DIAMOND BAR, CALIFORNIA
By:
Mayor
By:
C i t T Clerk
Contractor's Business Phone _
Emergency Phone at which
Contractor can be reached at any time
33
SPECIAL PROVISIONS
1. GENERAL CONDITIONS
All work shall be done in accordance with the 1991 Edition of the
Standard Specifications for Public Works Construction, hereinafter
referred to as Standard Specifications, Plans, Standard Construction
Drawings and these Special Provisions.
2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS
Section 2. Sco a and Control of Work.
G -
following•
(a) Examination of Plans S ecificati
Sons S ecial Provisions and
ite of Work: The bidder is re quired to examine carefully the
site and the proposal,
specifications
for the work contemplated, and i
tWill beassumedcthat athefbidder
has investigated and is satisfied as to the conditions to 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 of a proposal shall be considered prima facie evidence
that the bidder has made such examination.
(b) Pro asal 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 writing and figures, and must besignedpbycthe
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)
Irrecru7 ar; t; p� .- "' l,..alriin Alterationsor
Proposals may be rejected if theysures show any
alterations of •form additions not called for, conditional or
alternative proposals, incomplete proposals, erasures, or
irregularities of any kind.
34
(d) Biddern: All proposals shall be presented under sealed
cover's uarat
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 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 Cont_ ract: The award of the contract, if it be awarded,
will be to the lowest responsible bidder.
(f) Return of Bidder's Guarantees:
osal guarantees will
until the contract has been finally pexecuted, after whichbtheyld
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 Specifications, shall
be deemed incorporated in the contract b
y reference. A
tion to which an award is made will be required, before thepora-
contract is finally executed, to furnish evidence of its
corporate existence that the officer signing the contract and
bonds for the corporation is duly authorized so to do.
--..� ,. Z-0.1. Pl ns a
addition of the followina:
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:
e
The Contractor shall notify Underground Service Alert (USA) at
1-800-422-4133 two working days prior to the start of any boring or
excavating operations.
The Contractor shall notify the owners of all utilities 48 hours
before start of construction. The utility owners listed may be
contacted as indicated:
U�_ity Owner T��ntiicatin,,,
which may affect the work k e astility followsers who may have facilities
General Telephone .
1400 E. Phillips Blvd.
Pomona, California 91766
(714) 865-3307
35
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 alerted to the
existence of all utility lines shown on the plans. The Contractor
shall carefully protect all lines during the course of construction.
The Contractor is cautioned to protect existing utilities and their
appurtenances which may be within the work area. Particular attention
shall be given to water valves.
Prior to commencing construction the contractor shall submit for
approval a construction schedule.
- --- �++ivw 111 ;
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 eve
ry ctor fr
works violating this section is subject to all othe apenaltiespimposed
for a violation of Chapter 11 or Part V11, Division 2 of the Labor
Code in accordance with the provisions of Section 1735 thereof.
Subsect'on 7-3.1. Co a t
Until acceptance of the work in writing by the CityWofkDiamond Bar,
the contractor shall have the charge and care of the work site 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, whether arisin
from the execution or from the non execution of the work. The g
contractor shall rebuild, repair, restore, and make good all injuries
or damages to any portion of the work occasioned by any of the above
causes before final acceptance and shall bear the expense thereof.
36
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 specified or
noted on the drawings.
Full compensation for conforming to the requirements of this section
shall be included in other items of work performed and no additional
compensation will be allowed.
Subsection 74.1 Duration of Contract:
The Contractor shall begin work on or before the date of a written
"Notice to Proceed" and shall complete the entire project work within
sixty (60) calendar days.
Subsection 7-10.3.. Traffic and Access is amended by addition of t
following. he
No public street, or portion thereof, may be closed to through traffic
as a part of this Contract. However, if, in the opinion of the
Engineer, it is in the interest of the City of Diamond Bar to close
the street, the contractor shall close the street as directed by the
Engineer. Full compensation for conforming to the requirements of
this section shall be included in other items of work performed and no
additional compensation will be allowed.
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 7-1 SHORING OF EXCAVA IONS
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 precisely what
areas, if any, will require shoring.
Shoring of excavation if required shall be in accordance with the
37
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 California
State Labor Code regarding shoring and bracing of excavations. Of
special importance in this regard is the following extract from 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 engineer
employed by the awarding body, to whom authority has been
delegated, in advance of excavation, of a detailed plan 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 by a
registered civil or structural engineer".
Full compensation for conforming to the requirements of this section
shall be included in other items of work involved and no additional
compensation will be allowed.
Section 9. Measurement and Payment.
Subsection 9-3 is modified by addition of the following paragraphs:
The Contractor agrees that the payment of the amount under the
contract, and the adjustment and payment for any work done 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 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 all
previous payments, provided that in all events the City shall withhold
no less than ten percent (10%) of the contract price until final
completion and acceptance of the work. The contractor may substitute
in lieu of cash retention.
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 estimate.
38
Final Payments. After the completion of the contract, the Engineer
shall make a final inspection of the work done thereunder, and if
entirely satisfactory and complete, the City shall pay to the
Contractor an amount which, when added to the payments previously made
and deductions allowable to the City, will equal ninety percent (90%)
of the contract price. Thereafter the balance of the contract price
remaining unpaid shall be paid 35 calendar days after the recording of
a Notice of Completion by the City. The payment of the final amount
due under the contract and the adjustment and payment for any work
done in accordance with any alterations of the same shall release the
City from any and all claims on account of the work performed under
the contract or any alterations thereof.
39
GENERAL SPECIFICATIONS
1. The contractor shall purchase and install per summation data
sheet No. 1 the following:
Purchase & Install: 218e
35°x 35" Tree Well Covers
16 47" x 47" Tree Well Covers
2. Contractor to furnish approved backfill material as needed.
3. Contractor to take all necessary precautions to insure all
utilities (gas, electric, telephone, etc.) are not damaged.
Contractor shall be responsible for notifying Underground
Service Alert.
4. Contractor to be responsible for, but not limited to, repair
and/or replacement of damaged items belonging to City or
private property owners; i.e., sprinkler systems, shrubs,
plants, sidewalks, block walls or fencing, etc., resulting
from equipment or personnel used in planting.
5. Contractor shall not leave holes open overnight unless prior
City approval is received and holes are equipped with proper
safety attention markers.
6. Contractor shall water tree at time of planting.
7. Contractor shall use soil amendment as approved by the
Public Works Director.
8. Contractor to replace within fifteen (15) days of notifica-
tion all trees failing to grow, or those injured or damaged
during planting operation.
9. All trees to be inspected and approved by Director of Public
Works or his representative, prior to delivery to site.
lo. Contractor shall submit schedule to Director of Public Works
prior to start of work. All work to be scheduled and
performed under the direction of the Public Works Director
or his representative. Contractor or his delegated crew
supervisor shall report to Public Works Director or his
representative. Contractor or his delegated crew supervisor
shall report to Public Works Director for work assignments
unless otherwise advised. The City reserves the right to
revise schedules at any time without notification, should
the need arise.
40
11. Contractor shall work with the flow of traffic at all times.
When, during the course of his work, it is necessary to work
in traffic, a flagman shall be used in each direction while
work is being done. Contractor to insure traffic control in
accordance with W.A.T.C.H., as published by Building News,
Inc.
12. All work subject to the continuous inspection and approval
of the Director or his designee. The contractor shall be
notified in writing of any performance shortcoming during
the course of this contract and corrective action shall be
taken as soon as possible.
13. Inquiries concerning this contract and work prescribed
should be directed to:
Sid Mousavi
Public Works Department
City of Diamond Bar
21660 E. Copley Dr. #190
Diamond Bar, CA 991765
(714) 396-5671
14. All work to be completed sixty (60) working days from
starting date. An exception will be negotiated at a ratio
of one to one day extension as an allowance due to missed
work only for adverse weather conditions.
41
TECHNICAL SPECIFICATIONS
1. SCOPE OF WORK
The purpose of the specifications is to provide for a complete
planting of trees and placement of tree well covers. The con-
tractor may find some trees wells are filled with asphalt for
safety purposes. The contractor is responsible for removal of
and disposal of all asphalt removed. Asphalt shall not be used
as backfill material. Some of the tree wells to be planted have
tree well covers in place. Contractor is to provide specified
tree well covers where such is not already in place. In addi-
tion, the contractor will be required to remove concrete from 16
48" x 48" trees wells. These tree wells are formed with wood for
ease of concrete removal. Contractor shall dispose of all exca-
vated concrete. All tree wells are 36" x 36" except those noted
above.
2. TREES - 15 Gallon Size
A. Quality and size of all trees shall be No. 1 Grade.
All trees shall not be less than 8 feet in height, nor
less than 1 inch in diameter, six inches above crown
roots of said tree. They shall be fresh, vigorous, of
normal growth, free of disease, insects, insect eggs
and larvae, scars and injured bark.
B. Size of trees shall be 15 gallons. All trees will have
been established at least 6 months in the container
size specified. Trees shall be nursery grown under
climatic conditions similar to those in the locality of
the planting.
C. Trees shall be subject to inspection before delivery to
the site. Trees will also be inspected at the site for
the possibility of root bound trees. Inspections will
be performed by the Director of Parks or his designee.
3. LOCATIONS AND SPACING OF TREES
All trees shall be planted in accordance with spacing and loca-
tions designated. Refer to Appendix "A" for locations.
4. TREE PLANTING INSTALLATION
A. Remove existing tree well cover if applicable. Excavate
pits with vertical side for all trees. Backfill tree pits
enough to permit handling and planting without injury to
balls of earth or root and of such depth that when planted
and settled the crown of the tree shall bear the same
relation to the finished grade that it did to soil surface
in place of growth.
42
B. Tree pits shall be 12 inches wider all the way around and 12
inches deeper than size of containers.
C. Set trees in center of pits, in vertical position, so that
the crown of tree will be level with finished grade, allow-
ing watering and settling of soil.
D. Install Bio Barrier Root Control System as available from
Reemay, Inc. (800) 257-6687, or equivalent. Install per
manufacturer's recommendation. Install root barrier in
Pinus Canariensis locations only.
E. Backfill mix for trees shall be six (6) parts by volume
native soil and four (4) parts by volume nitrogen stabilized
wood residual and two 21 gram 20-10-5 agriform fertilizer
tablets or equivalent. Backfill shall be tamped firmly into
place without injury to the root ball. Trees planted in
other than cut-out tree wells shall have a 6" high by 30"
tree watering basin.
F. Replace tree well cover, or install new as manufactured by
Robbins Precast, Inc., (714) 277-8888, or equivalent. Prior
to final acceptance, the contractor shall be required to
adjust any tree -well covers that have settled. All tree
well covers shall be flush with surrounding concrete prior
to completion of maintenance period.
5. STAKING AND TYING
All trees shall be double staked with two 2 inch by 10 foot
wooden stakes (commonly marketed as Lodgepole pine). The poles
shall be positioned six (6) inches from the trunk at the ground
level and twenty-four (24) inches into the soil in a manner to
avoid injury to the roots or the breaking of the root ball and
shall be installed vertically. The trunk of the trees shall be
secured to the poles by means of two ties. The lower tie shall
be three (3) feet above ground level and the top tie twelve (12)
inches below the top of the tree. See staking detail.
f,=, TRIMMING
Immediately after planting, all trees shall be pruned of all
broken or damaged branches.
7. WATERING
After all other work described in these Specifications has been
completed, or within eight (8) hours from time of planting, each
tree shall be watered with a minimum of twenty (20) gallons of
water. After said water has settled and soil has sufficiently
dried, basins shall be cultivated to prevent crusting and
evaporation.
43
8. MAINTENANCE
The contractor shall maintain all trees for a period of sixty
(60) days after the completion of planting, and shall replace any
and all trees, in kind, that, in the opinion of the Director of
Public Works or his designee, have died, been destroyed, or
failed to make satisfactory progress during the period of
maintenance.
44
EXHIBIT "All
For clarity it should be assumed that Grand Avenue
runs East and West and that Diamond Bar Blvd. and
Golden Springs run North and South.
NO. OF
LOCATION TREES SPECIES WELLCOVERS
Eastbound Grand Ave.
Golden Springs Dr. to
27
Tristania Conferta
3
Longview Drive
Westbound Grand Ave.
Longview Dr. to
20
Tristania Conferta
0
Golden Springs Dr.
Southbound Diamond
Bar Blvd.
Golden Springs Dr. to
11
Pinus Canariensis
0
Grand Ave.
3
Lagerstromia Indica
0
`Potomac'
Grand Ave. to
5
Lagerstromia Indica
0
Montefino
`Potomac'
Maple Hill Dr. to
8
Lagerstromia Indica
0
Pathfinder Rd.
Northbound Diamond
Bar Blvd,
Shadow Canyon Dr. to
4
Lagerstromia Indica
1
Pathfinder Rd.
`Potomac'
Pathfinder Road to
1
Pinus Canariensis
1
Silverhawk Dr.
Silverhawk Dr. to
17
Lagerstromia Indica
16*
Acacia Hill Dr.
`Potomac'
Acacia Hill Dr. to
1
Lagerstromia Indica
0
Mountain Laurel
3
Pinus Carnariensis
1
Mountain Laurel to
4
Pinus Carnariensis
0
Grand Ave.
Grand Ave. to 2 Lagerstromia Indica 0
Clear Creek Canyon
Southbound Golden
Springs Dr.
Temple Ave. to
1
Pinus Canariensis
0
Buttonwillow Dr.
Buttonwillow Dr. to
21
Podocarpus Gracillior
0
Ballena Dr.
Sabina Dr. to
5
Pinus Carnariensis
4
Golden Prados Dr.
Lemon Ave. to
11
Eriobotrya Deflexa
0
Tierra Luna Dr.
*These locations require
removal
of concrete. Note: these wells are 48"
square.
Northbound Golden
Springs Dr.
Tierra Luna Dr. to
26
Eriobotrya Deflexa
5
Lemon Ave.
Lemon Ave. to
13
Lagerstromia Indica
0
Brea Canyon Rd.
`Potomac'
Brea Canyon Rd. to
2
Pinus Carnariensis
Grand Ave.
Grand Ave. to
12
Pinus Carnariensis
3
Diamond Bar Blvd.
Diamond Bar Blvd. to
11
Podocarpus Gracillior
Ballena Dr.
Sylvan Glen Dr. to
6
Pinus Canariensis
0
Temple Ave.
CITU OF DLkMOND DAR
AGENDA REPORT AGENDA NO. ' r
TU: Robert L. Van Nort, City Manager
MEETING DATE: April 21, 1992 REPORT DATE: April 15, 1992
FROM: Sid J. Mousavi, City Engineer/Public Works Director
TITLE: Installation of 3 -way stop signs at the intersection of Pathfinder Road and Brea Canyon Road
SUMMARY: In order to provide a safe and effective traffic circulation, the installation of 3 -way stop signs
is proposed for the intersection of Pathfinder Road and Brea Canyon Road. The installation of the 3 -way stop
signs include the modification of the existing striping plans as well. This proposal was approved by the Traffic
and Transportation Commission on February 27, 1992.
RECOMMENDATION: The Traffic and Transportation Commission recommends that the City Council
approve the installation of 3 -way stop signs at the intersection of Pathfinder Road and Brea Canyon Road.
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 Clerk's Office)
Other
1.
Has the resolution, ordinance or agreement been reviewed
Yes X 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? N/A
5.
Are other departments affected by the report?
Yes X_ No
Report discussed with the following affected departments: N/A
_
z-xaaiaLa111 %,i1y ividuiager
Public Works Director
Crry COUNCIL REPORT
AGENDA NO.
MEETING DATE: April 21, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Robert L. Van Nort, City Manager
SUBJECT: Installation of 3 -way stop signs at the intersection of
Pathfinder Road and Brea Canyon Road
ISSUE STATEMENT
The installation of 3 -way stop signs at the intersection of Pathfinder Road
and Brea Canyon Road.
RECOMMENDATION
The Traffic and Transportation Commission requests the installation of 3 -way
stop signs at the intersection of Pathfinder Road and Brea Canyon Road.
FINANCIAL SUMMARY
The proposed project is estimated to cost the City $10,000. This cost
includes the installation of the signs as well as modification of the
existing stripings on Pathfinder Road and Brea Canyon Road. Gas Tax will be
utilized to cover the cost associated with this work.
BACKGROUND
Pathfinder Road is an arterial street which runs eat and west with two travel
lanes in each direction and a painted median reducing to one travel lane in
each direction east of Brea Canyon Road, because of the existing two-lane
bridge over State Route 57. This street has a posted speed limit sign of 45
MPH with no parking allowed in either direction. Brea Canyon Road, with a
posted speed limit sign of 45 MPH as well, extends north from Pathfinder Road
and is a four -lane undivided minor arterial with on -street parking permitted
on both sides of the street.
DISCUSSION
This T -intersection has been observed as it's ability to safely and
effectively accommodate traffic circulation in the area is questioned.
Currently controlled by a single stop sign on Brea Canyon Road, it has
exhibited high traffic volume, specially during a.m. and p.m. peak hours and
unsafe traffic maneuvers.
Page Two
Pathfinder/Brea Canyon
April 21, 1992
A queuing analysis was conducted on this intersection in order to determine
if a 3 -way stop sign is warranted and if the installation of the stop signs
result in vehicle back-up.
Result of the study indicates that 3 -way stop sings at Pathfinder Road and
Brea Canyon Road is warranted as it is concluded that the westbound queue
most likely will not overflow into in intersection of Pathfinder Road and SR
57, southbound on and off -ramps. The eastbound approach to the intersection
in question has sufficient vehicle queue storage ( up to 15 vehicles) if 3 -
way stop signs were to be installed. Included in the installation of the
proposed stop signs is the installation of "STOP AHEAD" signs and pavement
markings on Pathfinder Road. This measure is taken to alert motorists of the
new intersection stop control.
This matter was discussed by the Traffic and Transportation Commission on
February 27, 1992. The Commission was presented with the warrant study and
preliminary design of the intersection. The proposed installation was
approved by the Commission to be forwarded to the City Council for approval.
PREPARED BY:
Sid Jalal Mousavi
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. r `, '-
TO: Robert L. Van Nort, City Manager
MEETING DATE: April 23, 1992 REPORT DATE: April 16, 1992
FROM: Terrence L. Belanger, Assistant City Manager
via Kellee A. Fritzal, Administrative Assistant
TITLE: THIRD ANNIVERSARY CELEBRATION - APRIL 25, 1992
SUMMARY: The Third Anniversary of the incorporation of the City of Diamond Bar will be
on April 18, 1992. As you know the City sponsored First and Second Anniversary Celebrations. However,
due to the City's financial situation, the Third Anniversary Celebration was not budgeted. The Diamond Bar
Jaycees and the Diamond Bar Improvement Association has donated money to conduct a community -wide Third
Anniversary Celebration, April 25, 1992 at Sycamore Canyon Park between noon and 4:00 p.m.
RECOMMENDATION: Receive and file report.
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 Clerk's Office)
X Other Flier Advertising Event
1. Has the resolution, ordinance or agreement been reviewed N/A Yes No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? N/A
3. Has environmental impact been assessed? N/A Yes _ No
4. Has the report been reviewed by a Commission? X Yes No
Which Commission? Parks and Recreation Commission
5. Are other departments affected by the report? _ Yes _ No
Report discussed with the following affected departments:
ichv1hWhD BY:
Robert L. Van Nort
City Manager
Terrence L. Belanger
Assistant City Manager
Kellee A. Fritzal
Administrative Assistant
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: April 23, 1992
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: THIRD ANNIVERSARY CELEBRATION - APRIL 25, 1992
ISSUE STATEMENT: The Third Anniversary Celebration will be conducted on
April 25, 1992, at Sycamore Canyon Park, 22930 Golden Springs Road, between
Noon and 4:00 p.m.
RECOMMENDATION: Receive and file report.
FINANCIAL SUMMARY: There is no financial impact on the City. The Diamond
Bar Jaycees donated $500 and the Diamond Bar Improvement Association (DBIA)
donated $400 to fund the Anniversary Celebration.
BACKGROUND: In January 1992 the City Council approved midyear budget
adjustments for Fiscal Year 1991-1992. Included in the adjustments was the
elimination of funding for the Third Anniversary Celebration. Several
members of the community felt this was a worthwhile community -wide event that
should be conducted. DBIA came forward and volunteered to fund one-half of
the celebration. The Jaycees volunteered to donate the remaining required
funds along with volunteer labor. A committee was formed with members of the
Jaycees, Jamie Shigenaka and Jennifer Leake; DBIA, Bob Zirbes; Diamond Bar
Historical Society, Don Gradvahl and Glen Neubrauer; and staff.
DISCUSSION: The schedule for the day's activities is:
Instant Reply (50's - 60's Band)
Noon
to
12:45
p.m.
South Point Middle School Band
12:45
to
1:05
p.m.
Instant Reply
1:05
to
1:50
p.m.
Diamond Bar/Walnut Theater Group Drama
1:50
to
2:10
p.m.
Cake Cutting Ceremony and
2:10
to
2:30
p.m.
Chaparral Intermediate School Choir
Instant Reply
2:30
to
3:20
p.m.
Lorbeer Junior High School
3:20
to
3:40
p.m.
Sunshine Generation Preschool
3:40
to
4:00
p.m.
The Celebration will also feature a historical display, a children's fun zone
including a gymboree area and face -painting by the Diamond Bar/Walnut YMCA
and door -prize drawings throughout the afternoon. Hamburgers, hot dogs, ice
cream and sodas will be available for a nominal fee. Free cake will be
provided to all in attendance.
PREPARED BY:
a
Kellee A. Fritz 1
Administrative Assistant
F: \WP51 \WORK\KELLEE\THMD.CC
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Robert L. Van Nort, City Manager
MEETING DATE: April 21, 1992 REPORT DATE: April 15, 1992
FROM: Troy L. Butzlaff, Assistant to the City Manager
TITLE: Preliminary Draft Household Hazardous Waste Element - Public Hearing
SUMMARY: The California Integrated Waste Management Act of 1989 (AB 939) and subsequent legislation
Assembly Bill 2707 requires the City to prepare, adopt, and implement a separate Household Hazardous Waste
Element (HHWE) which identifies how the City will properly reduce, collect, recycle, treat and dispose of all
household hazardous wastes generated within its incorporated boundaries. Pursuant to this requirement, the
City has prepared a preliminary draft Household Hazardous Waste Element and is now prepared to conduct
the required public hearing for the purpose of receiving public testimony on the programs and policies
addressed within this document.
RECOMMENDATION: It is recommended that the City Council open the public hearing to receive public
testimony on the policies and programs contained within the preliminary draft Household Hazardous Waste
Element (HHWE). It is further recommended that the public hearing be closed at the conclusion of public
testimony and that all comments received be forwarded to the JPA consultant for integration into the final
Household Hazardous Waste Element (HHWE).
LIST OF ATTACHMENTS: X Staff Report
— Resolution(s)
— Ordinances(s)
_ Agreement(s)
X Public Hearing Notification
Bid Specification (on file in City Clerk's Office)
X Other Preliminary Draft HHWE
EXTERNAL DISTRIBUTION: State of California, County of Los Angeles, adjoining cities
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed N/A Yes No
by the City Attorney? — —
2. Does the report require a majority or 4/5 vote? N/A
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 No
Report discussed with the following affected departments: —
REVIEWED BY:
&F OA
Robert L. Van Nort Terrence L. Belanger Trla
tzlaffCity Manager Assistant City Manager Asthe City anfie
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: April 21, 1992
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Preliminary Draft Household Hazardous Waste Element - Public
Hearing
ISSUE STATEMENT:
The California Integrated Waste Management Act of 1989 (AB 939) and
subsequent legislation Assembly Bill 2707 requires the City to prepare,
adopt, and implement a separate Household Hazardous Waste Element (HHWE)
which identifies how the City will properly reduce, collect, recycle, treat
and dispose of all household hazardous wastes generated within its incorpo-
rated boundaries. Pursuant to this requirement, the City has prepared a
preliminary draft Household Hazardous Waste Element and is now prepared to
conduct the required public hearing for the purpose of receiving public
testimony on the programs and policies addressed within this document.
RECOMMENDATION:
It is recommended that the City Council open the public hearing to receive
public testimony on the policies and programs contained within the prelimi-
nary draft Household Hazardous Waste Element (HHWE).
It is r
recommended that the public hearing be closed at the conclusion of furthpublic
testimony and that all comments received be forwarded to the JPA consultant
for integration into the final Household Hazardous Waste Element (HHWE).
FINANCIAL SUMMARY:
The known fiscal implications of the Household Hazardous Waste Element are
discussed within the Funding Component.
BACKGROUND:
The consultants to the East San Gabriel Valley Integrated Waste Management
Joint Powers Authority, in collaboration with the County of Los Angeles
Department of Public Works, have prepared a preliminary draft of the City's
Household Hazardous Waste Element (HHWE) and have circulated it for external
review pursuant to the 45 -day public review and comment period as stipulated
by law. The purpose of this review period
general publicis twofold: (1) To allow the
, affected governmental agencies and private industry to
comment upon the policies and programs of the HHWE prior to its adoption; and
(2) To identify potential deficiencies within the HHWE that may require
change or modification prior to the preparation of the final draft HHWE.
DISCUSSION:
Hazardous chemicals are prevalent in modern society. According to a report
prepared by the Global Tomorrow Coalition, about 70,000 chemicals are
regularly used in the United States, and between 500 and 1,000 new ones are
added each year. Unfortunately, not all chemicals are limited to commercial-
ly used substances found in tightly sealed drums marked with a skull -and -
crossbones warning label. Hazardous substances can be found throughout the
home, garage, garden, and hobby shop as components in products such as
cleaners, paints, pesticides, and glue. In fact, the average American
household generates an estimated 15 pounds of household hazardous waste
annually. In Diamond Bar alone, approximately 237 tons of hazardous waste
was disposed of in fiscal year 1989-90. This equates to an estimated 8.8
pounds of potentially hazardous material for every man, woman, and child in
the City.
To understand the potential danger resulting from the improper disposal of
household hazardous waste, it is important to establish a common taxonomy for
these materials. A substance is classified as a hazardous waste by the State
Department of Health Services (DHS), California Code
Title 22, if it demonstrates any of the following char aof Regulations (CCR)
cteristics:
o Flammable - capable of combustion, ignites easily (e.g., fuels,
Oils, solvents, thinners, aerosols, paints, solvent -based polishes
adhesives, etc.). ,
o Corrosive - capable of dissolving materials and living tissue by
chemical reaction (e.g., ammonia -based cleaners, caustic sodas,
oven cleaners, drain openers, lye, and both oxidizing and non -
oxidizing acids, etc.).
o Reactive - capable of creating an explosion or producing deadly
vapors (e.g., bleach, peroxides, pool chlorine, etc.).
o Toxicity - capable of producing injury, illness, or damage to
humans, domestic livestock, or wildlife through ingestion,
inhalation, or absorption through the body (e.g., rat poison,
cleaning fluids, pesticides, bleach).
Products containing substances known to be hazardous require special
handling. If these products are intentionally poured down the drain, dumped
on the ground, or disposed of with other waste going to the landfill, they
can result in serious environmental damage and may pose a significant risk to
human health.
The City's Household Hazardous Waste Element (HHWE) addresses both the City's
short and medium-term planning objectives to properly manage and dispose of
household hazardous waste (HHW) generated from the residential sector
consumer. In preparing the City's preliminary draft HHWE, the consultant
examined current disposal practices for household hazardous waste and
identified a total of seven (7) alternatives for potential implementation.
These alternatives include:
o Periodic HHW collection events
o Permanent HHW collection facility
o Mobile HHW collection (Countywide program)
2
o Door-to-door HHW collection program
o Load -checking program
o Recycling Program for HHW
o Public education and information
Each alternative was then evaluated using the nine (9) criteria developed by
the California Integrated Waste Management Board's Planning Guidelines for
measuring the effectiveness of Household Hazardous Waste programs. This
criteria includes: effectiveness in reducing targeted materials; absence of
hazards; flexibility; implementability; facility needs; consistency with
local policies; institutional risks and impacts; estimated cost; and
potential end uses. Based upon the evaluation methodology utilized by the
consultant and to achieve a cost-effective approach for the disposal of
hazardous waste, the consultant has recommended that the City participate in
the development and implementation of a Countywide HHW management program
through the County of Los Angeles Department of Public Works and the County
Sanitation Districts.
The County's program, which is modeled after their successful pilot program,
consists of a total of 48 planned collection events occurring at 12 different
locations throughout the county each year. An additional 48 collection
events will be held within the City of Los Angeles for a total of 96 two-day
collection events annually. Although the County has not finalized their list
of collection sites for this year, it is anticipated that the first collect-
ion event in the San Gabriel Valley will probably occur this summer at either
Mount San Antonio Community College or on the campus of the California
Polytechnic University at Pomona.
To support this program, the County plans to develop an aggressive public
awareness and educational program aimed at informing consumers of the
potential hazards of HHW. Furthermore, the County has assembled an extensive
assortment of materials and promotions that can be easily modified to meet
individual needs or to promote specific programs within a community.
Although the City expects to use the County's resources to promote the
dangers and proper disposal practices for household hazardous waste, the City
may wish to coordinate with the other cities of the JPA in purchasing
additional educational materials to enhance the effectiveness of these
programs.
In addition to the mobile collection events and public education and
awareness programs, the County will continue to provide hazardous waste load -
checking inspections at all landfill and transfer station sites. This
program has been successful since 1983 in deterring hazardous wastes from
entering landfill or transfer station sites where it can cause serious
contamination.
To supplement the County's efforts, the City will continue to require that
each permitted hauler collect and recycle limited quantities (no more than
four quarts per month) of waste motor oil from residential accounts. This
service provides residents with a convenient no -cost disposal method and
helps mitigate the threat that this material will be improperly disposed of
in a landfill or dumped down the drain.
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