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HomeMy WebLinkAbout06/01/1993CITY COUNCIL AGENDA Mayor — Gary G. Miller M=nc Pro Tem — Phyllis E. Papen lrnan —John A. Forting Councilman — Gary H. Werner Councilman — Dexter D. MacBride City Council Chambers are located at: South CaastAir Quality btarra wwt D1iSWAuditbnum 21865 East Copley Driva =z fl n �:g,re....EEM ! E m2R��n'�' MEETING DATE: June 1, 1993 Terferm L Belanger City Manager Andrew V. Arczynski City Attorney MEETING TIME: Closed Session - 5:00 p.m. Lynda Burgess Regular Session 6:00 p.m. City Clerk �iE1 lIQ� Q SR1 T8�lOrts Of Q IOf llr orf �OiG @MY# firllrQ�8f�r1� t1 E t�l![ A i liE fh B!$gelid3 ares o fiat in t C Haile for puE' i tee questions ttnasshours. The City of Diamond Bar uses HEu ruL&u paper ana encourages yvu ru uu via aw,,w THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. 1. CLOSED SESSION: 2. CALL TO ORDER: 3. 4. 5. 6. PLEDGE OF ALLEGIANCE: INVOCATION: Next Resolution No. 93-39 Next Ordinance No. 03(1993) 5:00 p.m. Litigation -Government Code 54956.9 Personnel - Government Code 54957.6 6:00 p.m. MAYOR MILLER Dr. Orthberg of Horizons Community Church ROLL CALL: Councilmen MacBride, Forbing, Werner, Mayor Pro Tem Papen, Mayor Miller SPECIAL PRESENTATIONS, PROCLAMATIONS, ETC. 3.1 Presentation regarding Grand Opening of Metrolink Station in City of Industry SCHEDULE OF FUTURE EVENTS: 4.1 General Plan Public Hearing - June 2, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.2 Traffic & Transportation Commission - June 10, 1993 - AQMD Hearing Room, 21865 E. Copley Dr. 4.3 Planning Commission - June 14, 1993 - 7:00 p.m., 21865 E. Copley Dr. 4.4 City Council Meeting - June 15, 1993 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 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 COUNCIL COMMENTS: Items raised by individual Councilmembers are for Council discussion. Direction may be JUNE 1, 1993 PAGE 2 given at this meeting or the item may be scheduled for action at a future meeting. 7. CONSENT CALENDAR: 6:45 p.m. or earlier - The following items listed on the Consent Calendar are considered routine and are approved by a single motion. 7.1 WARRANT REGISTER - Approve Warrant Register Dated June 1, 1993 in the amount of $556,885.05. 7.2 TREASURER'S REPORT - Receive & file Treasurer's Report for the month of April, 1993. 7.3 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PARTIALLY SUSTAINING AND PARTIALLY APPROVING AN APPEAL OF CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 93-1, AMENDING CONDITIONAL USE PERMIT NO. 492-1, AND DEVELOPMENT REVIEW NO. 92-6, AN APPLICATION TO CONSTRUCT A CHILDREN'S PLAY AREA TO AN EXISTING QUICK SERVICE RESTAURANT IDENTIFIED AS CARL'S JR., LOCATED AT 141 S. DIAMOND BAR BOULEVARD - On May 18, 1993, the City Council reviewed an appeal regarding conditions of approval set forth by the Planning Commission for the construction of a children's outdoor play area with supervisory seating to an existing quick service restaurant located at .141 S. Diamond Bar Boulevard. The City Council directed staff to amend condition (d) and prepare a resolution partially sustaining and partially approving an appeal of conditions of approval for Conditional Use Permit No. 93- 1 and Development Review No. 92-6. Recommended Action: It is recommended that the City Council adopt Resolution No. 93 -XX partially sustaining and partially approving an appeal of conditions of approval for Conditional Use Permit No. 93-1. 7.4 RESOLUTION NO. 93 -XX: RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT NUMBER 93-46 - In order to provide funds for operation and maintenance of street lights which are bounded by Rancheria Rd. and Meadcliff P1., it is necessary to incorporate said street lights into the County LMD 10006 and County Lighting District LLA -1. Recommended Action: Adopt Resolution No. 93 -XX granting consent and jurisdiction to the County of L.A. to annex street lights within said territory. 8. OLD BUSINESS: 8.1 LANDSCAPING ALONG PROPOSED METAL BEAM GUARD RAILING ON NORTHERLY SIDE OF GRAND AVENUE - On May 18, 1993, JUNE 1, 1993 9. PAGE 3 Council directed staff to prepare a landscaping plan to mitigate the visual effect of the proposed metal beam guard railing along the northerly side of Grand Ave. Recommended Action: Direct staff on the choice of landscaping options and limit the construction of guardrails to no ore than 2,000 lineal feet. 8.2 AWARD OF CONTRACT FOR DESIGN OF MEDIAN ISLANDS AT GONA CT. TO WESTERLY CITY LIMITS - To provide a uniform landscaping theme along Golden Springs Drive, medians are being proposed between Gona Court and the westerly City limits as part of the Landscaping Assessment District #38 improvements for Fiscal Year 1993-94. In order to ensure that the construction of those medians can be coordinated with the Golden Springs Drive reconstruction/ rehabilitation, staff initiated a verbal request for proposal to procure an engineering firm for design services of the median islands. Staff has received and evaluated (5) proposals for the design services of subject project. Recommended Action: It is recommended that the City Council 1) award a design services contract to DGA Consultants, Inc. for the Golden Springs Drive medians between Gona Court and the westerly city limits; 2) direct staff to negotiate the contract with an amount not to exceed $29,343.00 and 3) authorize a contingency amount of $7,500 to address contract changes that may be necessary from the City's perspective. 8.3 ENVIRONMENTAL ENHANCEMENT PROJECT - TERMINATION OF CONTRACT WITH CALIFORNIA CORPS - On January 19, 1993, the City awarded a contract to the CCC to install irrigation and planting materials along the Route 60 Freeway. Due to a constant turnover of CCC workers, progress on the project has been slow. At the current rate, it will take two years to complete. Unfortunately, due to time limits imposed by the State of California on the grant that funds this project, it must be completed by January 1994 for the City to be reimbursed for costs. In order to terminate the contract with the CCC, a 60 -day notice is required. Recommended Action: It is recommended that the City Council terminate the agreement with the CCC and issue a 60 -day notice of termination. NEW BUSINESS: 9.1 REPORT ON STATUS OF FISCAL YEAR 1993-94 BUDGET - Verbal and video presentation of the status of the FY 93-94 municipal budget and the impacts of the State budget on City services. JUNE 1, 1993 PAGE 4 9.2 REPORT ON CALIFORNIA CONTRACT CITIES CONFERENCE 9.3 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE RELEASE OF AN RFP FOR LANDSCAPE ARCHITECT SERVICES FOR THE WATER EFFICIENT LANDSCAPE REGULATIONS - The City Council has adopted Water Efficient Landscape Regulations (Resolution No. 92-66) as required by AB 325. The regulations require a qualified Landscape Architect to review development landscape plans. The regulations establish specific criteria for approval of landscape and irrigation plans. In order for landscape and irrigation plans to be approved, they must satisfy the point system criteria of the regulations. The RFP would provide a landscape architect available to the City for review of landscape plans on an "as needed" basis. In addition, the Architect could be utilized for park modifications to insure compliance with the Americans with Disability Act (ADA), median and planting designs. Recommended Action: Adopt Resolution No. 93 -XX authorizing the release of an RFP for Landscape Architect services for the water efficient landscape regulations. 9.4 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION OF IRRIGATION SYSTEM AND PLANTING OF TREES ALONG ROUTE 60 FREEWAY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - If the contract with the California Conservation Corps is terminated, it will be necessary to obtain a contractor to complete the Environmental Enhancement Route 60 Freeway Project. It is expected that a contractor can be obtained through the bid process within 60 days and the project can be completed within 120 days after that. Anticipated completion date is November 30, 1993, well within the January 1994 deadline. Recommended Action: It is recommended that the City Council adopt Resolution No. 93 -XX approving the plans and specifications for installation of irrigation system and planting along Rte. 60 Freeway. 9.5 AWARD OF CONTRACT FOR INSPECTION SERVICES FOR THE ENVIRONMENTAL ENHANCEMENT ROUTE 60 FREEWAY PROJECT - Work completed by a contractor in the CalTrans right-of-way must be inspected by an authorized CalTrans inspector to insure that work is being completed according to CalTrans standards. Jack Thompson, a retired CalTrans Inspector, has submitted a proposal to serve as the Inspector for the Environmental Enhancement Route 60 Freeway Project. Mr. Thompson's resume is attached to the staff report and reflects 33 years of experience in landscape inspection and management, making him very well qualified to service this contract. JUNE 1, 1993 PAGE 5 Recommended Action: It is recommended that the City Council award a contract to Jack Thompson for inspection services at the rate of $40 per hour, for a total not to exceed $35,000. 9.6 AWARD OF CONTRACT FOR SUPERVISION AND TRAINING OF CCC CREWS FOR THE ENVIRONMENTAL ENHANCEMENT ROUTE 60 FREEWAY PROJECT - If the contract with CCC is terminated, they will have 60 days to complete the Grand Avenue Interchange and Peterson Park turf area tree planting portions of the Environmental Enhancement Route 60 Freeway Project. It will be necessary to have an irrigation and horticultural expert on site to train and supervise the CCC crews to insure the proper installation of the irrigation system and planting of the trees. Mr. Harold Siegworth has twenty-five years experience in teaching landscape and irrigation installation and is well qualified to supervise and train the CCC crews for the remainder of their participation in this project. Recommended Action: It is recommended that the City Council award a contract to Harold Siegworth for the supervision and training of CCC crews for the Environmental Enhancement Route 60 Freeway Project at the rate of $40 per hour, for a total not to exceed $9,999. 10. ANNOUNCEMENTS: 11. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: f TO: City Clerk 1 FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and aAdress as wriAtpe--.above. S NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. r` 1 DATE: TO: City Clerk FROM: k..4 ADDRESS: ORGANIZATION: LA kir�' t:: r ,/h 1 SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as writt r above. 1 Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: f -5 TO: City Clerk FROM: ADDRESS: . qMf� J SL'91F= %Z S 5 ORGANIZATION: SUBJECT:- -f�rz &e Cv t/ Z- *V& CI c tc' 4j,rCo /-/ S I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sianature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: Cj.� A42 I expect to address the Councikon the Council Minutes reflect my nam and ac Gk fir` S - :t agenda item. Please have the as written above. NOTE: All persons may attend eeti gs and address the City Council. This form is intended to assist the in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: a Md ADDRESS: l l `J Xe,4& ::�) R (:) G��, ORGANIZATION: SUBJECT:'k �-� I` Q, 1 C s I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. DATE: TO: FROM: ADDRESS: ORGANIZATION: SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. Citv Clerk Z 4-_; r2. M ,i Jes fe> /v# 6 k � S -to of is CU ss V LiDw I expect to address the Council on the Council Minutes reflect my name and at ject'agenda item. Please have the 's asyrf�.tXtenove. //L/ Signature NOTE: All persons may attend meetings and address the.City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. DATE: TO: FROM: ADDRESS: ORGANIZATION: SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. 3 % City Clerk r.*) I. L Ave_. P"-a� I expect to address the Council on the subjec agenda item. Please have the Council Minutes reflect my name and addresp ,Whitten above. S NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the council are recognized and to ensure correct spelling of names in the Minutes. �'• •��'�!..� '.'. TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: 5 &- - e. M� �r� S�rtra ADDRESS: ORGANIZATION: SUBJECT: ka I I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: 4� / — / TO: City Clerk FROM: / ` �U ��IQA C -- ADDRESS: ADDRESS: 3�1�f / `'/��G�L��� J4 ORGANIZATION: SUBJECT: z /zL�rl-' '� I expect.to address the Council he subjq Council Minutes reflect my name74d dress agenda item. Please have the written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL RSGARDIDW ACSZNL7A ITEM AU. n - DATE : (p - % - 9 TO: City Clerk FROM: �i� 1. /�✓ 4 ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and addrehss _ag wren above. ture NOTE: All persons may attend meetings and address the city Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. ""' DATE: & TO: City Clerk FROM: C3 L'10 ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as wr�tEtn above. NOTE: All persons may attend meetings and address the City Council. This -form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. 6/1/93 REPORT: CALIFORNIA CONTRACT CITIES ASSOCIATION 34th Annual Municipal Seminar May 20-23, 1993, Palm Springs, California Proceedings were opened at 9 a.m. at the Wyndham Hotel. The initial session featured the topic, "How Can We Keep The State Budget From Destroying Local Government", pre- sented by the Interim CAO of Los Angeles County, Harry Hufford. Topics for Friday included: MTA Super Transit Agency, by CEO Franklin White State of the Department; LA County Sheriff Sherman Block Media Relations and the Elected Official; 6 panelists Saturday Sessions: The initial session was devoted to Business of the CCCA, follwed by four educational sessions: Reinventing Governemnt by author Ted Gaebler View from Sacramento; Panelists Perspective on the Future of City/County Relationships (noon address) Trash Disposal; Panelists c The formal Business Session, held Saturday morning at 9 a.m. The City of Diamond Bar, with some 116 other Contract Cities, is a member of the California Contract Cities Assn. All S Council members and the City Manager were registered at this Annual Municipal Seminar. (The City authorized a total of the six full registrations.) Our designated and appointed Delegate to CCCA is Council member Werner. He appeared at the Saturday events ... but he did not represent our City at the Business Session. Mayor Miller, in Werner's absence, had to cast our City's vote on the controversial Waste Management Resolution 93-3 at the last minute. This business Session was a serious one. Eight Resolutions, sponsored by the Cities of Bellflower, Commerce, Hawaiian Gardens, San Dimas and Santa Clara were acted upon. The issues incuded Toxic Waste Cleanup, Continuation of the 1/2� Sales Tax, Multi Year Approval of the State Budget, Cleanup of Contaminated Sites, Sale of Harmful Matter to Minors, Call for a State Constitutional Convention, Assisted Housing Programs. The solid waste proposal, 93-3 was pulled off the consent calendar. A strong debate followed, vigorously contested. Mayor Terry Dipple of San Dimas characterized the pro- posal as "a moderate approach". Diamond Bar voted with the proponents; the measure passed. Our City's appointed formal Delegate did not care enough about our City's business to participate in the only Business Session of the Conference. He was there ... in the halls ... he had the schedule ... and he didn't show in the session ... he didn't cast our vote. The purpose of belonging to the CCCA is to allow cities the opportunity to act in concert on major issues. Diamond Bar benefits from such city and regional networking; we become stronger when we work together with the other cities in the CCCA. In this instance, our ability to benefit was impaired. THEREFORE, Mr. Mayor, I respectfully request you withdraw your Delegate appointment to CCCA from Mr. Gary Werner; I strongly suggest you remove him from the CCCA Committee entirely. A man who won't work, who won't show, who won't cast his City's vote, is not worthy of City responsibility. And, to other members of this Council, I ask that you support this request. If AGENDA ITEM NO. 3.1 NO DOCUMENTATION AVAILABLE I 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 Papenand Councilmember Forbing FROM: Linda G. Magnuson, Accounting Manager SUBJECT: Voucher Register, June 1, 1993 DATE: May 27, 1993 Attached is the Voucher Register dated June 1, 1993. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its 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 June 1, 1993 has 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 112 Prop A - Transit 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 227 Traffic Mit Fund APPROVED BY: AMOUNT $517,343.75 Fund 500.00 14,331.91 16,666.57 3,351.82 4,691.00 TOTAL ALL FUNDS 44,0,la- . t vAtaz� Linda G. Magnu4bn Accounting Manager rrence L. Belanger City Manager $556,885.05 Phyllis E. Papen Mayor Pro Tem J•: /�,� , John A. Forbing Councilmember ** i t y of Dia a and gar *{ RUN 11 M E: 10:04 0,21 51 / 9 3 V D U C H E R R E 6 I S T E R PAR 1 DUE 1HRJ.............x6/81/93 VENDUR NAME VENDOR 1D. + PRCPAiD + + ACCOONT PROMI-ND BATCH POJINFIN3. ENTRYMIE UtVOTCt DESCRIPTIpN AFMINT DATE CHECK. ------------------------------------------------------------------------------------------------------------------------------------ ARA Sarvice.; ARASarvice 0at-4010-2325 1 30601A X221-4098-2325 2 3xMA ARA/Cory Refr-;;r.2�t 5a:5 :n•A }0x1-4080-2:32', ASL Consultan*5 ASL +138-4538-+832 1 32611A 9411512 4139-4538-4213 1 '26a1A 2511512 +141-4541=4604, 1 3`4621 A 9611512 Aherra. Tser,`av A„erra +821-4510-2318 1 336:;18 Accurate Landscape Accurate }13A -4531-2x10 2 3362i.A. +i's9-4539-2212 1 306a1A ;13,4 '45:3t:-2210 1 32631A +138--4538-»0,2 2 UUM 31/147-; +139-4534-5513 2 32621A x1/1471 4x91 -4 ;5-55x£ 1 328x18 +13"-4534 5`::1>3 3 33601A Bank of fi3?r ica +821-4232-2:iix +081-030-2325 +881-4933-23:3:7 +x01-455:1-+16;7 DankGi.A.a',Fr 1 3r621M 2 3x6011:1 233 UM �E i. 5? l 4 3363iB 85/26 06181 1517-221133 Mtn Sop -3/2,9,16 371.43 85/26 26121 1;61-231133 .4tng Sudo Apr 6 1 23 360.0 TUTAL DOTE VENDOR --------; 61.1.43 '4 2c,.1ni! S:!npl.Le; 42.0. 19 i AL D!;E V3 -.DOR --------. 42.1"2 x5/21 06/01. 13967 Prof Svcs -Dist 3:4 34,61 25/26 x6131 13167 Prof Svcs -Dist 39 39,66 25/26 06M 131191 Prof Secs -Dist 41. 36.63 101AL UE VENDOR --------; 116.03 05126 86/01 Tuition Re410-5'inter 0tr 215. R•6 S6/01193 UUv"M2:11 1G(AL FRLPM A"1D11,4T ----: 285.0.5 MAL DUE VENDOR --------) 0.03 85/26 06181 28347 Maint-Dist 3A 144.31 05/26 26131 28344 Malnt/SUnalies-Dist 39 456...'5 85/2b 86/81 M314 Maint-Dist 3A 1,715,x3 25/26 26/01 285'08 M6 int Dist 38 3.261.63 05/2b 06181. 21539 Land.canF Maint-Mav 5>1^j.xt 254":6 26!01 2",6 1 V,"d A:aTE,aent 11,684.x3 05/2b 6181 2r':b.'M Maint-Dist 39 1,623.83 MAL DUE VIINDCR--------; 24.261.21 P,5i26 6/xl fuel-Cvr 5,3.x2 x6!0,1/93 0M.421233 25126 x6121 ;RPtini75'CMOr-April %x3.27 06/a1193 0,2x2,371233 85121 86/81 End 45.34 86121/93 x322201233 {Di?_ 'PREPAiD A,,:OUNT 11TAr,;r VENDOR --------: 25121 0,6/xi T!T Co+: 5/13 40,x0 ?liAL DUE VENDOR --------; 43.0 RUN TIME: 10:24 25/21/93 V 0jU C H E R RIE 5 I S T E R P"6t Dti"r. THRU.............66/61/93 f PREPAID VENDOR NAME VENDOR 11). AMOUNT DATE WICK ACCOUNT PRO1.Td-NO BATCH PO.LIKE/NO. ENTRY/D11E INVOTCE DESCRIPTION -- ------------------------------------------------------------------------------------------- hys Club/San Gabriel Vly Baysiuh 65126x6/91 Graffiti Resaval-April 2,215.62 }801-4555-5528 1 33631A TOTAL DUE VENDGR --------> 2,215.23 9ranp r:an Assoc— `Tic' -3P! Br oa.5 iR 1 P th 26 2:61ei ;?`x-:141 Prof 5'•res-F R 9't v3 6,69i.6c t1a1-23�;2-1611. }Li-ta��i-13 .,:• 4 3'?h31A J5126 26/K 93-a%92 Prof Svcs -F .R 92-83 W1-2301-1611 2 33631A 6` /2.5 86/61 a:49' 0492 Prof Svcs-Ft".R 92-63 03-1612 4 3d i01A 05127 261 t1 :493-2459 Prd Svcs -"PL 93-t8 uY3.8R TOTAL DUF VFN- R --------> 9,A93.27 Bryan Press �':M-4698-2110 BryaoPrt�ss 2 3th•11R 91/iSbT, t5/2:. 66!61 21397 PrintSyc-SraffFhc 1,312.65 191 AL DUE V,_NDUR--------` 1. '20.M Bor ;ass, Lynda }281-2382-1686 B;irc:'SsLyn 1 386214 E512'. 96/61 SKU 145345 Offce Sipn-D(xA;;c vs City 16,45 MAL D1,E V,,=NDOR --------> 76.45 CLOUT 1961-481e,-2315 CLOUT 2 32631F. 65126 96/91 Mav 27, 1993 Mta-Forbinu 12.88 66/81/93 932,33212.3° TOTAL PREPAID AMOUNT ---? 12it8 MAT. DUE VFND(!R--------> 6.88 USULS-Frxii0at i on 65126 66191 Gra:,t 9rkshp-611-Fritzl 15?.93 26/61/93 1883-4634-23:3:; 1 1 3, �6;1M TUTAL PREPAID 0001' ----) 15a.6a TUTA.; DUE VENDOR --------> 9.63 California Conservation caconsCnrp 4 3Mfl A 65126 16191 1462 63 Fwy-Trey Planting 4,916.54 Mi -4S54 -59a X281 4;56-5518 2 36601x; 85/26 90ol 7493 Plant trees,install irrig 7,371,53 TuTAL DUP VFNIAR--------> Cbaver5. .3. x.31 -45x3 41>3 1 3P6u1B TIT CoMz 5/1;j 42.61 TITTAL DUE VENDUR--------> 4,M) +* City of Diamond Bari* RUN UK: 10:4;5077 V 0 U C H E R REGIS I E R PW 3 DOE 1HRJ .............06/01193 VENDOR NAPE VENDOR 1D. PRLPAID � + ACCOUNT PRDJ.Td-NJ ------------------------------------------------------------------------------------------------------------------------------------ BATCH PD.LINEINO. ENTRY/DUE I UCE DESCRIPTION AMIN1 DATE CHECK Cheng, Diana CnengD. +031-4553-'+10x9 2 34621B 95/27 06101 TAT Coma-5/13 40.92 ILIAL DUE VENDOR,--------} 40.02 C��mmun;ratier. 5uc�ort Crzx:lanrt +031-4993-;02.A 2 3?601A 01115+6 0:!2& 9./e1 103_ Prof Svcs-Cabl.e.5/a 522.02 IOIAL DUE VFVPOR--------. r0.0 romnity Industries Crmmindust {001-4555-5523 1 326M 0512.5 96101. Litter Abatement-April 039.44 1fJTAL DUE VENDOR--------1 839.44 reTimunity 5'i'Pepinq EQrVic Coflisnnsl +a•?,1-4555-55:11 1 30601A t5/:1t• 9E101'L 231.91 5treetSwm Svc-3129-4118 7,1 6.95 TOTAL DU VENDOR--------) 1,136.96 Cotton/Ee.lapd Assoc CntDelkso X331.-4210-4222 1 33631A 05!2b y6/91 3:±33 Prof 5vc-uen Plan Rev 6,952.81. 10TAL DI,'E VENDOR--------; 6,052.81 D. B. Iwroveaent A=sq[. D.BIA +001-4210"1223 2 Wit IA 0f/26 06/91 flan Plan Ad-,Windmill 335.E TOTAL DCF VENDOR--------; 335.93 DB Country Club 1Ra:^ui�tryC +021-499?-2375 3 31136011; 0`.126 06/91 I;tn Site bile/93 322.02 96/01/93 MM12'ac- 10TAL IWPAID AMOUNT TOTAL DUE VENDOR--------; 9.92 US Associates US +021-4553-5?21 1 33,M 05126 96191 1575? Prof Svc-DR b Grand 1,089.00 1UTAL ME VENDOR---------> 1..09.9.2 David F_var.5 3 Assoc. DaV;;,:Viri +031-2;{ 2-1011 5 3WiA v5!2t. 96% 's Y�_,) X59 Prof SJc5-K'R 91-21 1,994.?5 IMAL DOE VENDOR--------? 1,994.'2.'5 TU(AL DUE VENDOR ------- 622.hh P?partzent cf 3ustice *481-4350-5:02 + + + ..I 'i' .. .. - . c. .. FinuerPrinL-TinyTot Pgm RUN 1IME: 14:24 45!21/93 V 0 U CN E R R E 6 I S T E R PAGE TOtAI P"tiPA1D AijO"T ----) 8110 DUE THRJ.............06/41/93 VENDOR WE VENDOR ID. 0.02 Diaaand Par Business Aso[ D B];s"ssnc * { PREPAID + { ACCOUNT PRD3.Tt-N9 ------------------------------------------------------------------------------------------------------------------------------------ BATCH P0.1INE/N9. ENTRY/DIIE INVOICE DESCRIPIION AMOUNT DATE CHECK David J. Tanner I Assoc DTannerAso Cnazan Area Maint-June 657.03 {421-2300-1414 3 336218 45127 Wei 919 Prof Svcs-FP192-81 3,322.00 Diamond Bar Petty Cash PettyCash 10fAl- DUE VENDOR --------> 3,2um D9 Stefano. ,iia ?2,t?fano 1 32621B 6,127 06/01 }221-4214-2392 1 341.620 011'7 06101 Exo-Ta;,es Plnners 3110-13 67.51 X221-4214-1332 ? 11d160C +1;5/27 46/al EzP-Plnners Inst 3110-13 '2,49.22 �?31-4214-x228 10 32162C 05/27 06/81 R2i0 -6?n Pin Praj 186.11 TU(AL DUE VENDOR ------- 622.hh P?partzent cf 3ustice *481-4350-5:02 Dept3:sstic 1 32631M 8512b 06101 FinuerPrinL-TinyTot Pgm $1.02 06/41/43 0022321236 TOtAI P"tiPA1D AijO"T ----) 8110 TOTAL Dill VENDOR ---------- 0.02 Diaaand Par Business Aso[ D B];s"ssnc QM -4@90-221.0 1 30641A 05/26 06101 Cnazan Area Maint-June 657.03 MAL DUE VENDOR --------) 657.17 Diamond Bar Petty Cash PettyCash }021-3412 1 32621B 6,127 06/01 Recreation Refund 5.04 tv41-2418 3 MMB 05/21 06121 Recreation Refunds 29.07 +921-4030-2325 3 326018 05127 06101 Meetings-CM3t's Ofc 51.777 A041 -409? -1125 4 UW E 05127 4601 Supolles-6e11 govt 16.4$ {021-4095-23`3 1 32621B 05/27 06/01 &Ipplies-AnnlversarV 24.5:' K821-4210-1220 1 UM B ?512.7 26/21 Suppli?s-Planning 1.24 }431-4210-1222 2 Mt!B 0'/27 06/81 SunoIie;-Parks Maint 41.M14 X881-4210-4224 9 'v621B 05127 MM Supplies -Fen Plan 21.43 X231-4310-2325 1 336218 05!21` 0b121 Meetinns--Cna.unity Svc; 19.53 X241-4350-1280 1 MUD 85121 867ei Supulias-Tiny Tots 214.62 TUTA1 DUE VENDOR --------? 425.37 Dwight French I Assoc. DwightFren }227-451.0-6412 06193 1 321.620 8111332 05127 06/01 1021e13 Prof Svcs Sldn Sprgs 4,6711.02 1001-4;51-5221 05393 3 "71600 0111525 25121 WK 2021214 Ena,Svr.s S= arSys 14,454.87 t0fA1 DLit VENDifa-------- 19,14'.00 East:Fan Inc. Fast:r.an }021-4092-1100I 3MKel 01,/21, Wele104410W S:'Pol.ies-6?n Govt 42.11 1041-4210-1120 1 38011M 45126 86101 212497618 Sunplies-l'Councii 51." 031-4098-1180 5 Mir, 65/26 We! e1.0499919 SuJ)u1ies-5an 60vt 53.9: 2801-4310-1100 1 3060iM 05126 86101 212.08462 *Pll^s-PSM 91.PIS 031-4830-1102 2 3+;60111. 85126 06181 010533071 Supplies -Char 91.65 1041-4494-1100 3 UL•41M 85/26 46/21 210522277 Supplies -pen govt 7.56 }201-4510-1140 2 30621M 05/26 06101 0185032913 &a0p1ies-CCIk 17.71 4** City of D i a a o n d Bar { R,!h TIMI: i$:$4 65/21/93 U000HER REGI5TER PAs(: 5 DI;E TMRO.............06/01/93 * # PR1PAI), VENDOR NAME VENDOR Iu. A"�OUNT DATE ff!FCK ACCOUNT PROJ.TX-NO BAICH Pi1.1.INE/'d0. ENTRY/DUE INVOICE DESCNIPTICN Eastman lac. Eastman W6411IN4'ED) 231.26 *861-4696••116$ 4 38681M6126 26/01 $1$588884 Sooplies-u?n Gut 1261-4518-116$ 1 36601;1 65126 06161 $16591121 SupoliPs-Epgr X36.29 *d81-4516-ll08 3 38681M $5126 66/Bl 61$581$65 Supplies-Enar 196.47 X681-4838-112$ 1 300114 $5/26 %h/81 216581818 supplies-Caor 3.19 +861-4298-112$ 2 38621"1 x5112; 66161 BiF=11104 Supplte--Gz:i Govt 19x9.14 0281-421+-1128 1 2W IM 'S1%6 zhlsi ©1Q512 53 Suonlie.-Plr:c 2.19 1881-4516-62x8 2 38621A 61115,4 t -i?& x16161 i8291 office Eiuipt-Cabinet; 915.3/: IUTAL %P VENDL'R-------- 1,91.3.31 t1A Federal Credit Union FlACrsditU 6512b 66/61 Payroll De9ucti.nns P°16 1,416.63 0.1/61193 6288821234 *631-2116-1$89 1 38681M TOTAL PREPAID A;,01 -NT ----` 1.478.0 IOTA' DOE VENDOR --------`. 6,01 Federal Exoress Corn. F?Jxore�.s 21.14 *021-4210-4228 3 3W IA u:/2.1 W t1 49511]129 Exor2., Ma31-fin Plan Tr,TAL DUE VENDOR --------> Flarenhaun, BrurP Fiar:ellbaua 661'61 P1nrsIn=tRaih-3112 31112 382.13 *881-4216-2383 1 39,01MBSf21 4 H101A 65126 4.6/21 Ping Cum "Ito 4112,26,29 10.62 *2;11-4210-4128 TOTAL DUE VENDOR --------- 482.73 BIE California *$21-43:31-2125 61E 1 32681.A 6512.1 66/61. Pone Svc 5vca� Pr. 115.23 IOTA!_ I M;E VEV!)CR--------r 115.23 6TEL *621-4092-2138 fiTEI 1 38681A 05126 4/61 Eiuipt rent May19-3un18 811,31. TOTAL DISE VENDGR--------5 871.31 8allar63, Bill *821-3114 682 1 32601A 6512„ 661$1 3?:31 P.ecreation Ra#and 4?.08 I U f AL DUE {V ENDi;R-------- Grothe, ?a 'r, Grothpl 2 38681.A 2512.1 06$6:1 Plnu CaT,r Mtng 4112 2:, 2{' 102.68 *$21-4216 4168 TOTAL DI;E V}NDUP.--------s 148.29 RUN TIME: 10:04 601193 V 0 U C'H E R R E 6 I 5 T E R pAlU F DOE THRU.............r;6/1!1!93 VENDOR NAME VENDOR ID. + PREPAID + + ACCCILINT P;DJ.TX-N0 BATCH PO.I.IKE/NO. ENIRY/DOE INVOTCE Dt:SCR1PIICIN AMOUNT DATE CHF ------------------------------------------------------------------- 1iupszCZak, Jeanne Y. 681 5 3:01.4 @511511 ( 221-4? 1@-2115 1 2UKA i -W-4218-2115 3 32621A ;221-4212-2115 1031-3'+78 1 32521A 05126 06101 701 Recreation Refund 25/26 26/21 dc34t24 P;,b {1rg CUP 93-6 25/2", WU dr3545' Pub Hrg-62a Plan Kris TOTAL DUE VENDL'R--------) 17.2) Tile zG4 t iii;., ] Fpfil f221-431.@ 124:1 i 326314 U11541? 4512E 2h!zl 5,jo1ies-Park, 41.92 lUTAL 111;E VENLUR--------) 41.92 ICMA Retirement +@21-211@-1@37 Trisst-h51 1CM2 1 32621M e5126 @6121 DPf Cn�a Contr.ib May 61.5.@@ @6/91193 @2222212+ @21-4x12 6@82 1 321;81M 25/26 26/21 TLB Contract rontrit-May 49.22 26/31/93 $222@? m +221-404-2292 132621M 65/26 26/01 May Cala Contrih-CPcr 667,58 96/@1!93 022221243 +@21-4242 2292 1 3e621M 25126 Wal Mav Cafe Contrio-I;Clk 494.78 26/31!93 ee22;3?1243 +01-4252-2@99 i 3a621M @5126 We! May Cafa Cnntrih-Fin 163.59 261@1193 032021.242 1221-421@-2292 1 1U5 iM 25126 ' 6/2t May rife Contrib-Pana 144,43 26/31/93 e'?22'571?41 +021-431.@-2292 1 3t&ilM @5126 26!e1 May Cala Cnntrih-PIR 2;7.72 06101/9.3 @2221971?4s, +221-4512-2292 1 ?Y1cS1M 25!?6 26/21 May Cafe Contrib-Enar 4}5,32 26/31/93 22143?1247 !uTAL P1;E?AIC 4.1,40.42 iW AL UE VCNDCR--------) 2.2'3 Inland Valley Dly Balletn IV3 +W-4210-+223 5 3:01.4 @511511 ( 221-4? 1@-2115 1 2UKA i -W-4218-2115 3 32621A ;221-4212-2115 2 32621A 1@21-4712-2115 4 31,01A Jobs Avai.lahle +221-403,4-2115 John Alden G.T. +231-016429@ oimson. Catrir.a +021-2322-1U8 3ooskai l 1 PUTA JohnAleen 1 R611A 'uilydnPCd . 2 321.62 , 25/2", Wel e'22n5+?1 Ad 62n Pin -114 pn 764.40 25/26 ?6121 6'c332675 Ph:b :arc-r..t;P 92 8 06.53 6126 @6l@I cir33!r34 Pub Hrg CUP 91.-12 16,0,,2 25/26 26/21 dc34t24 P;,b {1rg CUP 93-6 25/2", WU dr3545' Pub Hrg-62a Plan Kris 144.88 101AL DUE VENDOR --- ---) 1.122.46 @5/26 e6125 31@216 Adv -Asst City Mir 154.44 !OTAL DUE VENDOR --------) 154.44 e5/26 06/0 Jane Cafe. -Miller 452,0 10TA1_ t; VENDU? Laanr-DN assnc vs. city 35.5;3 101AL IIJE VENDER --------; 31.53 f1+ City of Diamond Bar ttt ;RUN TIME: it:t4 15/21/93 VGUCHER R E 6 I S T E R DUE THRJ.............06/81/93 VENDOR NAME VENDOR ID. ACCOUNT PRgj.TX-NO BATCH PO.LINE/NCI. ENTRY/DtIE INVOICE DESCRIPTIUK -------------------------------------------------------------------- Kens Hardware Kens 1031-4316-1288 3 3b631A 2111537 1001-4312-1728 2 ?0691A 29/1581 I.A. Cnunty-Sheriff`s D'er. LAF'S i.tmriff 1881-4411-5411 1 3t601A L.A.County Public Works 01,'Pub4k 1021-43:31-5:328 1 3t6W #001 -45!i5 -!i51[ i "16814 1081-4555-5528 2 A601 1021"45i5"551.4 3 2WIA 1821-455;-5227 1 386w1A 1291-45,s-5S'a 12.)01A 1821-455'',-5t.2L 1 3::631 A k081-41.5; 5526 2 ..^901A 1881-455`,-558(: 3 336214 05/2`+ 4 ';t601A 1931-4555-5526 5 31601A 1001-4555-5506 6 W01A ital-45S'; ;522 1 396t1A It81--45,5-5525 1 2W1A f22i-455`.;-55t4 D 3:3£,01A 3121-4555-;518 1 2t681A L.A.Crn.nty Public forks 1.4U?ut k. 12ai-4555-5;21 1 31WIA I.A.County-Dist. Attorney LAUDistAtt 1821-4022-4021 1 3801A I.an:i�r.ar.e t��tit i an,i•:.::jr_ }141-4541-54;18 1 3g6:1.A PASS 7 4 4 PREPAID 1 1 AMOUNT DATE CHECK ------------------------------ OS/26 06/01 Operating Supplies 347.34 25126 06/81 6150 Licht fixtures 2,37 TOTAL DUE VENDnR--------; 349,71 0 " 21, 06i01 12610 Contract Svc -April 279.658.1_. 0;12" 06/01 Maint-LLAJ 41 Maint Sub ouza Sycamore 369.17 25/26 06/31 11642 Catch P39in Paiat-3554 544.56 0`.;126 06/11 11643 Debris P,2nay31-3852 1.5:i1.3; RUN IIME: 12:04 25/27/93 V B U C h E P P. E 6 I S T E R D11E THRtf.............96/01/93 Pfi6� t tt PREPAID t a VENDUR NAME VENDUR ID. ACCOUNT PRUI TI -NO BATCH PO.I.IKEINO. --------------------------------------------------------------------------- EV MOUE IrU1a DFSCRIPTIOh AMOUNT DATE CHECK l.eightan and AssociatPs teightnn 1 30631A 25125 26/01 79895 6aoTech Svc -Grand Ave 3,420.02 *001-4551-§224 IrifAl RE VENDOR --------> 3.t20.23 [_:pis Fngraving Inc. 16io;1 '1 '",.F Plaq-Fr. Prtthaff-St,P.Pn 47.64 +121-499,-2112 1 3 bt1A%2, 10TA1 01:F VENDUR--------, 47.b3 Li, Michael +821-4212-4100 LiMike 5 RbOIA 25/2'. 26151 Plna CommMtng 4/12,26,2`7 18 .03 TOTAL D!;E VENDUR--------'r lA8•ta Main Street Tour. PairStrFek t'/2b 06101 SIRS B atCruise-Catalina Exrur 1,064.08 �;'�� '^,0 5310 *ilc-4•,.. 2 ?868IB 1 "8/:218 t5/^.6 *1617+i 21x:;6 Tran�artrl-Catalina Fzr:rS - '28.13 WTAi. DOE VEND1109--------5 1,564.23 Marirosa Horticultural Kir ipcsa 1 386818 25126 eb/t1 45 4 grow -Paint April 1;032.82 X021-4311-5:{82 4221-4313 -5°00 0 1 201:1B 25/26 116181 46819 l;erita,e Pk -Paint April €,6.86 021-4316-5388 1 385x18 e5/24 0b/tl 408 ranl.e Fill-Maint April 856.84 ItOl-4319-5 v0 1 326818 25/26 66!01 46u*9 Peterson Pk-Maint Agril 1.2"8.76 1021-43.72-5322 i 306818 05/24, eb/ti 46"9 RpeianPk-Matnt April 1,038.82 2r o "281-43 a- 5.;'28 1 1 3,,6018 05126 26/81 46-9 StarshinE••Maint April 429.94 ., 421-4328-5;128 1 326318 05!25 26151 4689 Sopaitri;lne-Maint April 1.545.71 Et01 4131-5',ef 2 24/:018 25126 261:.{1 ':ES Syc.alir_ Paint April 1.593.23 1021-431E 2215 1 326=1B v5/21. .b/t1. 459• 6e^ Park-Maint 13:1.15 X201-4316-2212 i 3<6018 25i26 26/e1 4691 "iglrhit_1-Paint /94.13 021-4328-221e 1 W41B 25/26 56/21 4692 Sa itridae-;saint 7', 5? 401-4311-2214 i '26818 05126 26/31 4:93 6rrii R ..Maint :1'5.27 4021-4331-2210 1 386818 05126 eb/tl 4694 5yca?•:tre-Maint 34.47 001-4322-2218 1 ?0681B 25;26 26/81 4675 Reran Pk -Kant 98.53 TUTAL DUE VENDOR --------) 10,583.8 Mev?r, -avid MyFrD s= n,• h 4101-4210-•s124 i 326 1� «: I., IUTAL I}'•;F ','crri��R--•------. 1''2.••8 Mob I *021-429•231t 4 3:6:11.8 2:124, t,;/E1 K21?"5t Fuel - gen 6?vt 3.38 X201-4312-2318 1 .^06018 S5i26 26/01 0187414 Fuel - P 8 M ;13.6'5 021-429"-231.0 3 336818 eS/26 06121 Kt18?:iii FaPI - G:?n Govt 16.22 WR -4t90-2310 1 UWE 0517.6 06/81 KIS91170 Fuel - fien govt 8•'`� X821-4090-231.0 2 386818 e5/21j 06/21 KIS91354 FaPI - Gan Sovt 15.51 1001-4310-2315 2 39681B 15126 46101 K159101 Fuel - P 0 N 36.32 #f} City 0f Diaeand Bar +t RUN IME: 10:8425/27193 VOUCHER RE6ISIER Pfi6E 4 DUE THRU.............e6/01/93 VENDOR NAME VENDOR 1D. ACCOUNT PROJ.TX-NO BATCH PO.IINE/NO. ENTRY/DUE INVOTCE DESCRIPTION PRLPAlD + -----i DATE CHECK Habil Mobil (CONTINUED) +021-4@30-2313 2 30601B ;05126 06/01 K.2291274 Feel - City Mor t6.33 TuTAL DUE VENDOR --------: 129.63 Myers, EIizahetl; MversE 331-4212-4`Lv%'• 1 312 6a1B iSi2b 06143!. SVCS -Pana CAT 511@ 44;.23 +�;'rZ1-421D-4228 +031 4248-4638 2 3%•Ee1B ., 6 @6/31 c 2,/x. Svcs SP R=visium, 5/19 :,43.2.3 +221 -k,{„ -4Q22 1 386d19 1 2y40 iB 435/26 66le1.1.P, S.cs-Cl.oundI 5/4 10.00 :,5126 @6!x31 931;bIt� Svf:s-1ST rr..>>i 5/143 I4:8.0-0 TOIA DtiE VENDOR --------) Ileum Par?setter Municipal Svcs Par.z?setf?r +031 -2323 -fele 1 33601B aS126 Wei 2014 -PC Piar, Gv,-Eaz 9-4-1.3 Ile +201-2E C-iaia 0LOIB 2 1 '"G -G r Plan CV-, PL 9., 8., Ia.0 113.51 TOTAL D[IF VENDOR --------; 2220.@a Pacific rmnunicatiors Par fir:rra +031-4090-2318 1 30641B 25/26 Wei Reil Estate 6aidR 23.98 )DIAL Di7E VENDOR --------} `13.93 Payroll Transfer Pavrollir X031-1228 1 306:,13, e'/26 06121 Payroll Transfer -PP 10 "tnr ” 3•,128.00 0b/el/93 e mn.3te 10Tri- PFILPAID AMOUNT ----r 38,100.@8 6.tg Plunk, Lvdia F. Plu0o- +381-4212-4128 3 32631A 65/26 e:5/2l Ping COga Mta 4/1.2,26,29 183.23 10TAL DI.E VENDr R -------- 10.0 Postare By Pitore ncs0yFban �aai-443943-2123 1 WO,r,, 05/26 26/21 Postage Rap)enish(R.pnt I eat, et TOTAL DUE VENDOR --------- 1.2$3.66 Pranzo, Anra 2 37 6:)fi Y.S12i ?,SiC Rpl-reatioi, REiiM' 2 .a TOTAL Dl;i yLNWR-------- 07.49 PrF:?i Pre Leasing Co. Pre�ierei.e +021-43{.a 2140 1 33b@IB 01/1461 @5127 06/el e319 Class Row Rental-3une 5b4.b2 TOTAL DR;E VENDOR --------y 544.62 RUN 11ME: 10:44 15/21/93 V 0 U C H E P, DOE 1HRJ... I ......... 96101/93 * * PYCPAiD t t VENDOR NAME VENDOR 1D. AMOUNT DATE---_--- CHEC+- ACCOONT PR0J.TI-NO BATCH PO.JINEIND. ENTRY/DUE InVOTCE GFSCRIPTI[Ik --------------------- -- ----- ---------------------------------------------------------- Public Eaal. Retirement PERS 05/26 06/01 Earl eQ Contrib-PP 9 y 2,712.11 06/01/93 0443221238 t0al-2110-1888 f 3ab01M 05/26 ;61x1 >�pioyer Contrit-P1, 9 ?,474.97 26!01193 14214?1236 1001-2110-1028 2 34:011 TOTAL P111tiPAI0 AKIONT ----) 5,7+1.08 10[AL Df;E Public =:�nl Retireneot PEIRs 05/2b 06/05. R?tire�ent Pt'1+:-Ea:;alr 2;15'+.?0 1041-71.10-10::8 3 3vG1141A r 851^6 06/01 Retiumm?Pt "P10-E,ap19e 2,412.83 ¢�t 1041-2110-18 8 4 zaOlB TI!TAl DUE VENDOR --------1 4,561.03 R A D BSeeprW R'HBIue 3 34162"612? 06101 1035`1 Cooy raps-DHAssoC vs City 1,533.1E. *081-7388-1015 TrITAL vi;E YODCR Repro Brauhics Renrr,F;ranh 05/21 W961 o Rtocttov DH As';oC v City (94.03 1825-40`)4-2110 3 3,6 SB ?DIAL DUF VENDOR --------% 584.23 S.C.J.P.I.A. PSBI 34601y 6-/26 06/01 :'u ne-Dental Prem; 9x1.51 1021-21.10-1044 1201-2110-1026 1 1 u4501M 05/26 2h/al Je E -Vision Prams 1.71.49 Ti1TAl DO VENDOR --------i San Fabriel V11v Cr.-tiercerjV p3:w9rC 0E/2b 06101 E:.nnomic Con! 5/2S t' q 1 5.041 06/!1/93 2�•.?1%'?`: 1021-4050 2.,15 3 34b81M 05/,6 061=+1 Econc,ac Cor! 5!^6 65.00 0h/`15!93 000ti42112? 2181-44.4-23`x'5 1 8G01'1 TOTAL PRLPAIO AMOUNT 10IA1_ DI:E VEYP,UR--------; 8.44 £an 6ahriel Vlv Tribure S6VTribure s 0512/ 06/bl f ,. l,il. a.,; ,_3 hrg-CUP 91-8 69.3? *021.-4710-2115 7 38681E 8 21t6a1B 25121 960t -WI :16V? 1749 Pub Hrc-CUP 91-12 64.2`5 K01 -421t-2115 1301-470 21.5 6 346•.1B 2'./27 0b/Ql SNII 178'? Pah lira -ADR 93 6 6'•.91 11'1,1-421'1-21115i, 9 ^'..r:. , „/%1 06j+1 °1I 16.1,3 P:,b Brc Spriral Plan �T £erurvorp Intl Inc. °ecur�r.nro 6177 e. x:2;2`,1 C*ossin� 6aarc! Sv s-?�prii 5,32"1 0 *0z1-455:3 55 1, i 3?6315 !DIAL DUE VENHR--------> 5,:,29.89 'ff City of Diaru.ond Aare RUN TIM: 18:<4 t5/271Y3 VDUCNER R 6iS TER PAGE 11 DUE THRJ.............e6/81193 VENDOR NAME VENDOR 1D. ACCOUNT P4191TX-ND AATCH PD.IINE/NU. ENTRY/DOE mVU10E DESCRIPHOK PkfPAiD t t ----AMOUNT DATE- CHECK ------------------------------------------------------------------------------------------------------ - ------------- Siec.ke, Warren C. SieckeW fe21-45`.f3-522'-. 2 326a1D U2r jf,FFi�y , f2ai 4t 9r•21.1v ?v6�1?E e;/27 @6/el 295,11-9 9-:r/2, +.(,191 5i2,'• %6Jh1 fit, 19 Southern Ca, Edison SoCiEdison IUT�L DI;E VENDOR --------) 742 5T 1821-4311-2126 1 336218 9-5/27 06/9-? }881-4316-r1":6 1 :21;218 ?5121 9-6/31 fail -431.9-2126 1 326e1R e;/27 e67e1 El ctric Si,Teitridoe ?<'rAlB 111S,127 x61,'1 '821-4333.-2126 1 3v621R 05,'27 f:6iei Southern Ca. Edison WaE1lison f 13`-1-45:3`1-2126 1 326`a 1 A Southern Ca. Ed -,Son Snr.LFd i;on 113t,-453 -2126 1 3Ti621A Southern Ca. Ersi5o:i S r c i o.s , 15rn 021-4x53-2126 13 Southern Ca. Edison SnCaEdi>Gn '141-4541-2126 1 32621A iandar Ics;raoca c:f :are=lamlardT f'S1'21'e-1vv5 1. 3,161^1': Standard Insaranre of ore Sta,163rrtIn 001 -21st -leas 2 3:;681- e:S/27 Gl¢i 6/2? 0;6101 97,127 e61e1 e,5127 06181 e5i2;, 06101 Tri Sanl Studv-DR1F„tnSpa T57.5 IUT�L DI;E VENDOR --------) 742 5T PSotocot,v-DR Ass, -.c v City476.?' ?er•Pral flan Cpo1P.s a i7 TuTA, DuG VENIOx---------- 877.07 Electric -Grow Park 25.94 tlertric-Man.lehiil Pk 224.77 ELP..rtric-Pc'ter5;li P30l 6':,.54 El ctric Si,Teitridoe 191.84 4 EIPctric-Ivcaz,,re Cyn 28",44 TOTAL Di;F VF.'1l'UR --------} 19 4 Electric -',LAD II3'1 195.76 fUTAI_ DUE VERDUR--------) L9S,116 ELPctrir.-LLAD t , 23;,44 101-L DLF VcNDUP,--------; 131.44 Elettric-Trafflr Control. 378+.27 TOTAL DUE VEND10--------} 3,884.21 Electric-LLAD :41 19-1.54 JOT AI DUE VE'NDUR---------) 151.S4 Lift Tn5 PrPTv ?'i I Si fLrALDEk,"IOUR ---- 3c7 .lune-&ippi Life Ins Prar.s 17.et W AL DUE VENDOR --------i 17.49 9 RI;Y )IM; 12:04 'VS/27/93 VOUCHER' RE5I6TER QLIE THRJ.............06/91/93 PRUAID Vt=WUR NAME VEVUUR A. ACCUt1NT PRO-IM-NJ BATCH P0.1INE/N'_I, ENTRY/Dt1F U 0TCE VSGR1PIRN AMILINT DRTE Chi - St apleti Skaa 1 es 05/2b 26101 Color Maps-Gan Plan 136.56 26121!9 28i'8371737 +221-4210-2115 5 30RIM i!;TA!_ PREPA'!D MOT ----; 11,11M DUE 'HNOU --------, 0.02 Tiz? Put Tii*01i' T }n 1-421€-4vwG 3 a ? ?ii;1.e tr;1J —: wC�-?iann'Pc .i?.({. }i5i-'i �..v�`{1 1 1:t„, TOTAL. DOI VINDOP---------) 941.31 !;S 5nrint T.41 }821-4510-2175 1 ?i631A 2512= 261+'1 Long Dist Svc;-c'Qt CiAi_ yt,t �E`riiliR --------`. 7.97 Unocal U,:n[a1 7e.e;, ;1 1�?'?'r.: =;.�i-Pianninc }r•2 ' ” 31,018 ,i7 l; 2I'Y?t �i.:Pi-i iv Nur 14, 6 tl'iA!. Q11; VF';5(1R--------; 36. P6 Donald MJ-455:3 4128 1JryD 3 386818 TO Coci-5/13 42.28 10 Viiia. Shirle`r 2 3Ili :5-If 1F 2;!27 ib1 t Rr.�reakion RaEunc! 33,2? ?AL +uE VI_NDUR--------� s3.2a xalout Vly water Dist X221-431.1-217;1 2 PRO 6121 P61d1 'Wer-Gz" Pk Qg 1-4316-2126 2 2AMB GS 2T 26181 later-Mani?hill MA -431?-2126 2 386818 25127 26/21 dater P2`.erson Pi. 1,915,50 }821-432P- 2126 2 31/.11B M07 26!81 dater 5:; itridre 7,'i74.3j 5 }221-43:'1-21'26 2 386%?IR 0;171 t:b1E+, �,atPr-5yca.ire Cyn 167•3`` ke ...Vi stv k: Q A ..�_ i41" u`^`21 (� r1 11�or-.LAD $31. i D! AL D!,E V13,DuR -- ----. 9.434.65 +?�r ar RUN TIME: 12;84 25/21/93 Cit; V 0 UCof Dia ®ond BH E R R E 6 I 5 T E R DUE THRJ.............96/81793 PASE 13 VENDOR NAME VENDOR 1D, ACCOUNT PROS. TX -NJ BATCH P3.tIXpX,3. ENTRY/DUE INVOTCE DtSL'RIPTION * f PREPAID a i AMOUNT DATE CHECK ------------------------------------------------------------ Valnut Vly Yater Dist vywatRrDis f13^1-453'1 2126 2 326819 05/27 96/21L Dater- LRD 139 6^615.98 TOTAL DL`E VENDOR --------} 8.6i5.98 »error, Sary0,r `+erl' �r '-7 t&:,1-4910-2?38 1 326219 i^`,i?7 16/21 a ,il,. eape-Contra:-t Cities MI(AL RU,- VENDOR 0st Coast Arborist Inc, �C.arbor 1221-4555-5529 2 386018 95/27 t6/el 7103 Tr ee Sarvices $201-X5-!59 1 ;.86819 2512.7 06/21 7715 Troe Maintenance 282.02 h 3,295.,;3 TL1TAL DuE VEN390--------. 3.295.02 pastern City Maoazine sty?rn..ri` , r_ 82l -403U 2115 2 3u^681fi 0;127 86x01 2;rR3 Adverti;ine-?Cr Positinr, _ 31..ev TOTAL Di;E VEXDGR--------- 31.28 Western City Maea:ineecterr.Cit 1821-4210-2:i2 2 386819 9;721 8670E S:.ibscriotians-Fing Cz;.z;asa 9;,,00 TOTAL DI;E VENDOR --------1 96.03 Wright, Paul k ightP 2221-4218-4211 6 386812 05!26. 06/el AudialVisaai. Svcs-PlrjgNtg 1,425.02 0,6/91/93 928282122' )FAL FREPA1D AMOUNT----- 1 '•x_5.02 TUT^t. DuE VFN'3gR--------; 0.0 Wright, Paul 'WrinhtP +021-4210-x220 7 32621A 05i2L 0,570: Audio Vis;;al Svcs-GF,t P1n6 S 115 , 9., 10€AL DUE VEVi)CR-----=---i 1)0.0 TLITAt P€rc:PAJI - ------------> 51,9 1..53 TOTAL DIA, -------------- ��i r -. k L '::4,1'3._2 TCTAt iP9'�'i----------- RONT1G:19,:0'16/27/9:; V0UCRER RE6I5TER FUND gUMyARY REPDRT DUE THRJ.............06/61/93 FUND M &-neral. Fund 138 LLAD t36 Fund 139 LLAD 139 Fend 141 LLAD t41 Fund 771.1 Tlailic Mit FeP 112 Prrc A-Trarsit F MTA! ;all FUNDS DISBURSE G/L 6.;E ''4111 PUT 6JE HAS POSTED FUTURE IRANSAOIEV TOM, DTh C1 PAY REVENUE EXPEN5E REVENUE E ML NSE REVENUE EtPENS -- ----------------------------------------------------------------------- -- ---- 51.7,343,75 61,6"1.19 14,331.91 16,666.57 4,691, i 1.7 U q 149.22 449,E,83. 14.331.9: 16,666,5' 3.:351..... 4.691.+' ,-� ------------ ----- ,p,�"54l'. .5 hi .'9;.19- ------------ S9 ? i 4;9. '+4.;,� J.,6 , J. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and City Council MEETING DATE: June 1, 1993 REPORT DATE: May 26, 1993 FROM: Linda G. MagnusonPALounting Manager TITLE: Treasurer's Report - April 30, 1993 SUMMARY: Submitted for Council's review and approval is the Treasurer's Statement for the month of April 1993. 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: zx, Terrence L. Belanger Li da G. M uson� City Manager Accounting Manager _ Yes_ No _ Yes X No Yes X No Yes X No +« CITY COUNCIL REPORT MEETING DATE: June 1, 1993 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement - April 30, 1993 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 April, 1993 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 April 1993. 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 CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT April 30, 1993 TRAFFIC SAFETY FUND $4,740,733.43 $1,401,328.93 $7T6 260 77 ($1,895 00) $5,363,906.59 GAS TAX FUND 18,424.83 2 6,141.54 24,566.37 TRANSIT TX (PROP A) FD 33311,7918.95 78,524.58 (20,031.28)- 2,505,303.35 TRANSIT TX (PROP C) FD 759,149.46 42,316.89 1,389.33 408,927.20 INTEGRATED WASTE MGT FD21,836.54 7,276.93 5.712.93 801,466.35 AIR QUALITY IMPRVMNT FD 55,276.75 499.06 123.64 23,400.54 STATE PARK GRANT FUND 0.00 55,652.17 PARK FEES FUND 184,096.09 2,091.12 0'2 COM DEV BLOCK GRANT FUND LANDSCAPE DIST #38 FD (122,16 6.23) (79,856.38) 186,187.21 (189,064.43) LANDSCAPE DIST #39 FD 127,820.25 88,007.0 14,965.0? 195,198.24 LANDSCAPE DIST #41 FD 113,652.31 32,090.83 44,691.93 8,491.35 151,419.73 GRAND AV CONST FUND 458,943.01 14,873.79 143,470.45 TRAFFIC MITIGATION FEE FD 302,350.57 6,443.50 5,912.87 344,00 453,030.14 CAP IMPROVEMENT PRJ FD 53,404.89 521.83 155,709.38 101,782.66 308,450.07 SB 821 FUND 134,735.99 1,530.44 (.00) SELF INSURANCE FUND 352,622.77 4,021.46 136,2666.43 TOTALS $10,168,907.81 $1,744,650.47 $988,733.64 $0.00 356,644.23 $10,924,824.64 SUMMARY OF CASH: DEMAND DEPOSITS: INVESTMENTS: GENERAL ACCOUNT $323,962.86 PAYROLL ACCOUNT 468.95 CHANGE FUND 100.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $325,031.81 TIME CERTIFICATES COMMERCIAL PAPER L.A.I.F. TOTAL INVESTMENTS TOTAL CASH $0.00 0.00 10,599,792.83 10,599,792.83 $10,924,824.64 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 3 TO: Terrence L. Belanger, City Manager MEETING DATE: June 1, 1993 REPORT DATE: May 27, 1993 FROM: James DeStefano, Community Development Director TITLE: A resolution partially sustaining and partially approving a decision set forth by Planning Commission for Conditional Use Permit No. 93-1 and Development Review No. 92-6. SUMMARY: On May 18, 1993, the City Council reviewed an appeal regarding conditions of approval set forth by the Planning Commission for the construction of a children's outdoor play area with supervisory seating to an existing quick service restaurant located at 141 S. Diamond Bar Boulevard. The City Council directed staff to amend condition (d) and prepare a resolution partially sustaining and partially approving an appeal of conditions of approval for Conditional Use Permit No. 93-1 and Development Review No. 92-6. RECOMMENDATION: It is recommended that the City Council approve the attached resolution LIST OF ATTACHMENTS:_ Staff Report _ Public Hearing Notification X Resolution(s) — Bid Specification (on file in City Clerk's Office) _ Ordinances(s) — Agreement(s) — Other EXTERNAL DISTRIBUTION: None SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes No by the City Attorney? — 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? PLANNING COMMISSION 5. Are other departments affected by the report? _ Yes No Report discussed with the following affected departments: RE IEWED BY: Terrence L. Belanger City Manager Ja s DeStefano Community Developm nt Director RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PARTIALLY SUSTAINING AND PARTIALLY APPROVING AN APPEAL OF CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 93-1, AMENDING CONDITIONAL USE PERMIT NO. 492-1, AND DEVELOPMENT REVIEW NO. 92-6, AN APPLICATION TO CONSTRUCT A CHILDREN'S PLAY AREA TO AN EXISTING QUICK SERVICE RESTAURANT IDENTIFIED AS CARL'S JR., LOCATED AT 141 S. DIAMOND BAR BOULEVARD. A. Recitals 1. Carl Karcher Enterprises, Inc. has filed an application for Conditional Use Permit No. 93-1, amending Conditional Use Permit No. 492-1 and Development Review No. 92-6, to construct a children's play area with supervisory seating to an existing quick service restaurant identified as Carl's Jr. located 141 S. Diamond Bar Blvd., Diamond Bar, Los Angeles County, California, as described in the title of this Resolu- tion. Hereinafter in this Resolution, the subject Conditional Use Permit application is referred to as "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1989), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. The City of Diamond Bar lacks an operative General Plan. Pursuant to judgement rendered by the Los Angeles County Superior Court, action was taken on the subject application as to the consistency with the General Plan, pursuant to the terms and provisions of Ordinance No.4 (1992) of the City of Diamond Bar. 1 4. The Planning Commission of the City of Diamond Bar, on March 22, 1993 conducted a duly noticed public hearing and approved the Application with conditions. 5. The Applicant, on March 31, 1993, filed an appeal of conditions (d) (e), (f), (g), and (h) in Planning Commission Resolution No. 93-7 and Resolution No. 93-8. 6. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on April 21, 1993. Notification of 14 property owners within a 500 foot radius of the project site was mailed on April 20 1993. , 7. The City Council of the City of Diamond Bar, on May 18, 1993 conducted and concluded a duly noticed public hearing on said appeal. 8. All legal prerequisites to the adoption of this Resolu- tion have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds that Negative Declaration No. 93-1 has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, and, further, this City Council has reviewed and considered the information contained in said Negative Declaration and, based thereon, further specifically finds and determines that, based upon the findings set forth below, said information reflects the independent judgement of the City of Diamond Bar, and changes and alterations which have been incorporated into and conditioned upon the proposed project, no significant adverse environmental effects will occur. 3. The City Council hereby specifically finds and determines that, having considered the record as a whole, including the findings set forth below, and changes and alterations which have been incorporated into and conditioned, upon the proposed project set forth in the Application, there is no evidence before 2 this City Council that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends, Based upon substantial evidence presented in the record before the City Council, the Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of regulations. Notwithstanding the provisions of the paragraph, the Applicant shall pay all fees required for the filing of a Notice of Determination and any other fees imposed by the California Department of Fish and Game prior to the issuance of any future building permits. 4. Based upon the findings and conclusions set forth herein, this City Council, in conformance with Ordinance No. 4 (1992) of the City of Diamond Bar hereby finds as follows: (a) The project relates to a site of approximately .60 acres developed with an existing quick service restaurant with a drive-thru lane identified as Carl's Jr. within the Commercial Planned Development (CPD) zone. The subject site has a General Plan designation of General Commercial (C)) and is located at 141 S. Diamond Bar Blvd., City of Diamond Bar, California. (b) Generally, the following land uses and zoning surround the subject site: to the north is the Pomona Freeway; to the south is the CPD zone; to the east is Neighborhood Business -Billboard Exclusion (C -2 -BE) zone; and to the west is the CPD and Limited Multiple Residence -15 Units per Acre (R -3-15U) zones. (c) The subject site for the project is adequately served by Diamond Bar Blvd and Gentle Springs Lane. (d) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the project. (e) Pursuant to Ordinance 4 (1992), substantial evidence exists, considering the record as a whole that approval of the appeal, would not be detrimental to or interfere with the General Plan. 3 (f) Approval of the appeal will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. (g) Approval of the appeal will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site. (h) Approval of the appeal will not jeopardize, endanger or otherwise constitute a menace to public health, safety, or general welfare. (i) The architectural design of the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990). (j) The design of this project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (k) Approval of the design and layout of the project will not be materially detrimental to the use, enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. 5. Based upon the substantial evidence and conclusion set forth herein above in paragraphs 1, 2, 3, and 4, this City Council on June 1, 1993, at a continued public hearing, as set forth above, partially sustains and partially approves the subject appeal with the following conditions: (a) The project shall substantially conform to plans labeled Exhibit "A" dated February 22, 1993. (b) The subject site shall be shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlements granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been 4 authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Applicant shall maintain no fewer than forty (40) standard size parking stalls on the subject site. (d) Applicant shall make provisions for six (6) off- site parking spaces to be utilized by employees during the noontime meal period. Additionally, the Applicant shall submit verification of the procurement of the six (6) parking spaces to the City before the issuance of a building permit. (e) Unless otherwise required pursuant to Part 7, Chapter 22.56 of the County of Los Angeles Planning and Zoning Code, the Applicant shall install a six -place bicycle rack on site. The Applicant shall submit, within 30 days of approval of this resolution, a revised site plan indicating the location of the bicycle rack for review and approval by the Planning Division. (f) Unless otherwise required pursuant to Part 7, Chapter 22.56 of the County of Los Angeles Planning and Zoning Code, the Applicant shall provide ride -sharing incentives for its employees. The Applicant shall submit in writing, within 30 days of approval of this resolution, ride -sharing incentive program for review and approval by the Planning Division. (g) The Applicant shall eliminate the entrance/exit gate located on the west side of the play area and relocated the benches as per the requirements of the Building and safety Division. The Applicant shall submit, within 30 days of approval of this resolution, a revised floor plan indicating the changes for review and approval by the Planning Division. (h) The Applicant shall provide landscape and irrigation plans for the play area. The Applicant shall submit, within 30 days of approval of this resolution, the landscape and irrigation plans for review and approval of the Planning Division. 5 (i) All conditions of Conditional Use Permit No. 492- (1) shall remain in effect unless superseded by Conditional Use Permit No. 93-1. (j) The applicant shall obtain proper permits for this project as required by the City of Diamond Bar. (k) This grant is valid for one year and must be exercised (i.e. construction) within that period or this grant will expire. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date of this grant. (1) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed at the City of Diamond Bar community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (m) This grant shall not be effective unless Development Review No.92-6 which is being processed concurrently herewith is approved. 5. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) This City Council hereby provides notice to Carl Karcher Enterprises, Inc. that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of the California Code of Civil Procedures, Section 1094.6. (c) Forthwith transmit a certified copy of this Resolution, by certified mail, Mike Calahan, Carl Karcher Enterprises, Inc., 222 S. Harbor Blvd., Anaheim, California, 92805. APPROVED AND ADOPTED THIS THE IST DAY OF June, 1993, BY THE City Council OF THE CITY OF DIAMOND BAR. BY: 1� I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of City Council held on the ist day of June, .1993, by the following vote: AYES: [COUNCIL MEMBERS:] NOES: [COUNCIL MEMBERS:] ABSENT: [COUNCIL MEMBERS:] ABSTAIN: [COUNCIL MEMBERS:] ATTEST: Lynda Burgess, City Clerk I, Lynda Surgest;,A I ""ty C,'6ck 1-�,f thtA :itY do h6reby cortify that the fcre-gciniJ Was duly introducedpasgiad, and adopted, ata regular njeetijq -)f CitY Council held on' the IsL. day of June, 1993, by the fmilow!nq vnt4j; AYES: :6COU14CIL MEMEFRS: _j NOES : �CCXNCTT, MMER.S., ASSENT. COLRIICIr L ABSTAIN L ATTEST: .Ynda r c, cjty W+6rk 26 7:71 / 7 7 Aft, f %AM %vff%&w CARL KARCHER ENTERPRISES Fol- Avw �O: FAX NO - FROM: R OF PAGES: �/ �4 FAXED SY: DATE, -:z- RESOLUTION NO. 93 -LXX h RESOLUTION OF THE CITY COUNCIL OY THE CITY OF DIAMOND BAR MARTIALLY a llgTAINING AND PARTIALLY APPROVING AN APPEKL OF CONDITIONS nF APPROVAL FOR CONDITIONAL USL PERMIT NO. 93-1t AMENDING CONDITIONAL USX PERMIT NO. 492-•1, AND DEVELOPMENT REVIEW NO. 92-6j, AN APPLICATION TO CONSTRUCT A CHXLDREN'B PLAY ARBA TO AN EXISTING QUICK SERVICE REBTAU ANT IDENTIFIED AS CARL'S .TR., LOCATED AT 161 S. DIAMOND BAR BOULEVARD. A. Racitall 1. Carl Karchar Interpxises, Tnc;. n as filed an appllcatiOA for Conditional Use parmI,t Na_ 93"-1, amending Conditional Use Permit NO. 492-1 and Development Review No. 92-6, to ccnatruct a vhildren'6 play area with supervisory seating tcj an existing quick Service restaurant ident.�fied as Carl's Jr. located 141 S. Diamond Fear Blvd., Diamond Bar, Loa Angeles County, California, its described in the titl.o of this Raaolu- tion. hereinafter ip this Rezolut.ion, than subject Conditional Uza Permit appl.lc,atiOn is rererreA to as "ApplIO&tion" . 2. Cr_ April 18, 1989, tho City of Diamond Bar was aa*-abliehed a.s a duly ergani2ed aunicipal organization of the State of California. On acid date, purSUbnt to the requirements of the California Oovarruuant Cade Section 57376, Title 21 ar_d 22, the City Counai.l of the City of Diamond Bar adapted it'q Ordinance No. 14 (1969) , theraby adapting ti -,e I:uS Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code os,ontains the Developmelit Code of the County of Loi Angeles now currently applicable. to development appliuritiOhe, including the subject Application, w;thin the_ City c: Diamond Bar. 3. The City of Diamond Par le.cks an operative General Plan. Pursuant to judgem.Rnt ::ari'ierecl by the Los Angeles cOunty superior coart, action Wits taken on the subject application as to the con:31stancy with the Genaral rl.an, puruuar.t to the terms an<3 prouisicns d£ Ordina-nce No.4 (1992) of th& c t y of DiaXnond Our- f i. -� �.... '_n .. 1Li ._ - _ _ ., nom• _ i- �-- �W -M � -�. _ __ • The p `-drlriing ^�1n,mtssiun of t!i� itCxtr" Of 331. :t1C?1d Bar' on March 22, 1993 annducted a duly noticed public hearing and approved the Applic!atton With cendltiarts. 5. The Applicant, an Maxcr. 31, 1993, f'ilyd an appeal of conditions (d), (e;, (f;!, ( }, and (h) in planning c-:ormiission RegnlLtiL�)n No. 93-7 arae. Resolution No. 93-8. 6. Notification of the public hearing for tr1is project has been made in the and the LILUIy1],, nd Vat lav_ * 11 JC -ti -n newspapers on April 21, 1993. Notification of 14 px-opect,y ram+nera wi' lUn a 5-bn foot radius of tho project site waa m,+iled on April 24, 1923. 7. Tha L iter Council of this City or Diamond Bar, 071 May 18, 1993 conducted and concluded a duly noticed publio hearing on said appeal. 8. All legal prereclkisitpn :.0 the adaption of this Resolu- tion have occurred. B. xesu].utimn Now, THEREFORE, it Is found, cue+-er'mi.rlsd anti raaolved by the City Council of the City of DI&monad Bar au follows. 1. The city Council herebz sprcit c►ally finds that all Of the facts set Perth in the Recitals, riart A, of thiwe Resolutiotj are true and correct. 2. The City Council hereby Finds that rdegativa Deciara*ion No. 93-1 i.as ween prepared in compliance with the California EnV ronmenta) Quality Xa't of 1970, as amended, enc: the guidelines promulgated thereunder, arid, fu7rt:her, this City Cou?lci i has reviewed and conaiderid the information contained in said Negative Declaratl..on and, based there -on, further specifically findiR and determines that, bated upon the fl.ndings met forth below, said information reflects the indapandtnt judgement of rhe City of Diamond Ear, and changes and alterations which nava been incorporated into And conditioned upon, the pr:.,p4sed pr.,)aect, no significant adva;- Ge environmentdl sf; ecty will 000ur. 3. The City Council hereby specifiCaIly finds and determines that, ?paving considered the record as a whole, including the findings set forth below, and changes and alteratior►s Which nava teen incorporated into and co1-)di.tior.ed, upon the pr�arioee*d pro joct 90t fort}, in the T.pplir:ation, tti�re is no evidenria befora this City Council that thQ pro jeCt as proposed by tha Application, and 00:1ditioned for approval ha3r*in, Will have the potential of an wdverso off"ot on wildlife ra&*urCs+s or LII& habitat upon which the vildli.faa depends, Based upon 1-Bvidenaa preoantaad in the record before the City Council, the Counci.l hereby rebuts the presumption Of adverse affects contained in Section 53. (d; of Title 14 of the Calii:ornio Cade of regulations. Notwitth5i:anding tha gr+✓visiona of the paragraph, the Applicant gj'all prey, all fees raquired for the f i Zing of a Psatice of Determination and any other feet imposed by the Caiifornia Department of Fish and Game Prior to the issuance of any future building permits. 4. Based upon the finding's and con,Wlu$ions set (Orth herein, this City Council, in oo-nformance with Grdinanca NO. 4 (1992) of tttp city of Diam(,.,nd Bax haroby finds as follows: (a) The project rslannat� Gu a cite of appreximat6l*Y .60 acres develapea With dr, Existing quick sArvice rostaurant ��ith a drive-thxu lane idartified as Carl's .fix. wit.:in the Commercial Plhnnad i,evelopment (CPD) 2ryne. T'he st bjec't exits has a General Plan designation of Gonera.l Commeroial (C)) and is boated at 141 S. Diamnnd Har blvd., City of Diamond Bar, CalifornI&- (bj Generallie, t,,Ia following land uses and zoning surround the sut:ject nite: to the north i$ the; Pomona Pr-eeway; to the south is the CPD Zon"i to the east is Neighborhood Rusin$ss-billboard Exc�lusior (C -2 -BE) zone; and to the West is the CPD dnd LAm.ired Multiple Residence -15 unite per Acrd (R -3-15U) 26n6e. (c) The subject site for the project is adequate;sly served by Diamond Ratr Elvd and Gentle Springs Lane. (d) The mature, condition, and sizes of the site has been conh;idered.. The site is adaquate in aize to accomnodate the project. (ea Pursuant to o dinamr,,A a (1992) , substantial evidence exist a, aar,sa daL ang the record as a whole tY��t. a,pprolin-L t,e app--a.l, wr+^l.d not bo datrl Ient.al to 01 lr ter:'kr6 with the -"Pnztral Pl.An. __ - � _ . _ _ _ � _ , i .., , , _rye ..�-r< __ _- .',1•, `F ; —�1 _. �_� �� PZJ;, • -'.—��+s..++�.. (f) Approval of the appeal will not adversely affect th• heta'.th, peace, comfc:-r•t or wttlfare of pardons ra8iding or working in the surrounding area. (9) Ap6,t`oval of the appeal will not be materially ntmentat.a rr�euse, 'ri Damrltor tlatiltoa.1 f pr:�per'ty Of other~ per.-;oy)s located in the vicinity of the situ, (h) Approval of the appeal will not Jeopardizo, endanger or otherwise constitutes a menace to public hoalth, safety, or general welfare. (i) The architectural design of the proposed project iz compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development ccntemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990) . (, ) The design of this tiroJact will provide a deeirable erivi.r onm---r,t for its acoupeanta and 'Visiting publ.ir ae well as its neighbors through good aesthetic u9A of anatsri.al , texture, and color that ar°,ptr�:ir, and will retain a zeasoncibly adequate 1.eve1 of in8 i nr P_Y1a ace . (k) Approval of the design and layout of the project will not be rdteritally detrimental to the use, enJoyment of xaeighbor ing existing or future davelopment, and will not cxea.trt traffic or Pedestrian hazards. 5. Based upon the substantial evidence and vonclusion set fortis h,�r,.in above in paragraphs, 1, -L, M, and 4, this city Council on Jur,,. 1,1953, at a scat.in%z*d Public hearing, ac get forth above, partially sustains and partially approvGn tt & aub; ect appeal wi tb the fol lowing conditions: (a) :1' e J r-0 je t, s".a11 F:ubsta.ntially CContorM t.ra plans labeled EXnib:.r_ "A" da<t!'-d PP-bl-U6;- 2?, 1993.. (b) The at�b�ect site airtal. Liss sh�l.i. be 'maintainitd in A condition whir:h S.ar free of debris octh dvring and after the construCtion, addition, or lr,pler,�cnta - ar: of the env:- r-leapicn,ts granted h.arein. Thr -A. removal of all tr• ktrkj, do:b,: is, and refuse, wh,e:thai: during ori auLsequnnt to construction *$ha+l 1. be doers only by the property owner, applicant or JOY duly permitted waste car-irractor, who harx been F1 a��trsaxi ed �y the -1t.y -0 �,x'o'uidr� cal ewotios�, transportation, Six;posa, of solid Wasit S from residential"cva:t�.`-'L:.al, C�11lYti�7.�tLiOri, and City. It sh�sll be t�►* industrial areas within the applicant,a obligation to insure that the► wast* contractor utilized has ab iaicne u � servicepermIts s. tht City of C1iam.0 lla bar to Pa e2'<atil maintain no fe%'2i: than for*Y (40) standard si g pax. };inr, hots on n subject site. u}iis<�nt Shall make ;rovi-i0Dr, fOr *ix (t)ry off- Appsit,a parking `�F res to be: 1.iti l i tad by *�p_eay**� c up rng tY nr�onL! ,nR ;;tea 1 period. AdditIonallY, the Applicant:_ rnAll cub-nit�ser.'.i3catlC�xt Of tht3 prow uf: ement of tho ialy (6) parking spaces t`-) the City before the issuance of a building permit. {e j Cit11+65 other.wlse rs�ai: �d [31tL�1�'.iltt to Part 71 Loa Ar:4e1155 Planning and Zoning Cede, th.., ;kpplirar=t %hal i .install a sic-��lice h}.t-y-le. ra-k on Bite. That Applicant ehall submit, within 3u daYs Of approval cf this rasolut iOn, a rsvisod site Arlan Indicating the loaatinn of the bicycle rack for review and appLovai by the Pla.nnina Div_sion. (f) Unlcaa otharwis,. regv. red pursuant to Part ?. chapter 22.56 of the Collnry of 1.,os Angele s P-! ann my anti 4r_)r i riq thF Appl.icar+t *h&1I pro a ida rl.de -stiar i ng 1 r.G. �nt..Ivss f 0z' -'td *mrlloye"' ,zhe App::cunt shy1 suk�mir. w.:itinq, within 30 d 'a of appro dl taf tn; _ reb,:,,:.t t vrs; Y ici�s ..sh.ar itt i.r;a.ent, ve f,r cJyra.m for review and amp. oval ply *:tics Planolno- Divisiorn. (g) Nne Applleant.2:a:�1 u'.ir j, . ta t'u. r�ntrnnc*�r�it gat& .o ated on the wei,. Pirie of tra play ars:a and elocat iad the bcnchas a,: per° the rofi.quirem6nts of the a._ildinrq ardSafe-:-? Diviairn. The Appl.ii;=t L:t311 S,jIbnIit:, within 30 C ays of dp*r}'rovd.l Of Ch.im reso:lutir )n; a ? c�.vised f l tjrrr plan 3.ndicatinq the changes for review and ai)pr'ctV*I by the Planning Division. {h) The Applicant shall provide landscape and irrigation Plans tar` thA play area. The ,Appli-oant uhall submit, within 30 days of Approval Of this resolution, the landscape and irrigation plans for review and approval of tna Planning Division - 5 0 All d T ,Y in �-_if c ec I e. S a a & mIL 11;0� ­onka It iG;'nal Vie 0 x'_71 Ploper perr�ILLS tQT thio 7 ,) - f�, ty of D4*mond zjhr, P?f yj_j2_.- year and =,Xt bc i:;n) within +;hat paried A Ono pair 4-.ctansion �)rytt I)u �a �ra,nt t e,j t6 the __que :i wit�ti.r apt tjbp �'.ty 30 dapi pry or of tttlu 9 -ant, I not a, uff�C;tiv� f r"U"Pose �:h* Property the un: i2 i I j owner of involvpd (If C)th"t thaT. tile permitteet) tiame filed I at the ^.jty of Djamend Bar community Development all ti'sip' ccriditiond of F tn"s 4rdnt a.'48117 riot be 1�4�yg rarain.lng city fees. This grcajt 51--O.L! n t a offacti'le c 0- 1n't ReNVa r1 N 0. 12 - W I . ", C., h 1A bu..ng IJ4 aiqprovold. r_ Ce SE4 C11.1 4., . Sh a i (a) L6rt-!fY '",10 L!" "" P ad-�Pt�U,OL L1149' ond Tjjs c-ily ht!sru,")'y notices Carl 1'n C that the t J whilch es j)y tiliZ Rvt�ojutj_r. a,ouqht JO 9*Va3nOd bY the provisions Of the c7311forni& Coda Of Civil procedr.ras, Faction ln94-6, Forth -with cjsrtif ied c0pY of thig Mika culahan, Carl Rcsol,AlOn, bY ce tlfiOd Karcher Enterprst%S, InC1, , 222 S. Harbor Blvd, 0 APPR,,WF0 ANL A')CPTFb IhIS TUE lzz! !)'hy OF BY THE S`Jty Council 0F' THE C1,'1.'Y Cy i.AJF_ 34y! MAYOR 6 CITY OP DIAMOM BAR AGENDA REPORT AGENDA NO. TV TO: Terrence L. Belanger, City Manager MEETING DATE: June 1, 1993 REPORT DATE: May 27, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Annexation of street lights to the Los Angeles County Lighting Maintenance District (LMD) 10006 and County Lighting District LLA -1 SUMMARY: In order to provide funds for operation and maintenance of street lights which are bounded by Rancheria Road and Meadcliff Place, it is necessary to incorporate said street lights into the County LMD 10006 and County Lighting District LLA -1. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 93 -XX granting consent and jurisdiction to the County of Los Angeles to annex street lights within said territory, as shown on the attached map, within the City of Diamond Bar. Further, it is recommended that the City Clerk be directed to provide two (2) executed copies of the Resolution of the City Council action to the Los Angeles County Department of Public Works. LIST OF ATTACHMENTS:X Staff Report _ Public Hearing Notification 2L Resolution(s) Bid Specification (on file in City Clerk's Office) _ Ordinances(s) X_ Other: Vicinity Man _ Agreement(s) 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: N/A REVIEWE B : Terrence L. Belange City Manager kj,k Geor e . We Inter'Interfn City Erigffieer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 1, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Annexation of street lights to the Los Angeles County Lighting Maintenance District (LMD) 10006 and County Lighting District LLA -1 ISSUE STATEMENT To annex street lights within the City of Diamond Bar to the Los Angeles County Lighting Maintenance District (LMD) 10006 and County Lighting District LLA -1. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 93 -XX granting consent and jurisdiction to the County of Los Angeles to annex street lights within said territory, as shown on the attached map, within the City of Diamond Bar. Further, it is recommended that the City Clerk be directed to provide two (2) executed copies of the Resolution of the City Council action to the Los Angeles County Department of Public Works. FINANCIAL SUMMARY The proposed recommendation has no impact on the City's Fiscal Year 1992-93 budget. BACKGROUND The public interest, convenience and necessity requires the maintenance of a street lighting system encompassed within Rancheria Road and Meadcliff Place. since, operation and maintenance of street lights are accomplished through lighting districts, the County of Los Angeles has requested to include subject street lights into LMD 10006 and Lighting District LLA -1. DISCUSSION To provide funds for operation and maintenance of street lights, the area as shown on the attached map, needs to be annexed into the County LMD 10006 and County Lighting District LLA -1. The lights being proposed for annexation should have been included previously by the County but were omitted. Prior to annexation procedures can be consummated, however, the County of Los Angeles needs to be granted permission from the City of Diamond Bar. The annual cost per residence as provided by the County is anticipated not to exceed $48.00. PREPARED BY: David G. 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SILVER SPRING LN wiz O �PS� Q4ci M - Cly, 5 a 6 TWIN SPRING LN ENpi°�'E C1 Q� � RESOLUTION NO. 93 - RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT NUMBER 93-46 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under Divisions 7 and 15 of the Streets and Highways Code, for the annexation of territory to County Lighting Maintenance District 10006 and County Lighting District LLA -1; and WHEREAS, the proposed annexation will have street lights installed in the City of Diamond Bar; and WHEREAS, all of the land included in the proposed annexation lies within the boundary of the City of Diamond Bar, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Diamond Bar, as follows: That the public interest, convenience, and necessity, require the maintenance of a street lighting system located within said territory as shown on the maps of the annexation of County Lighting Maintenance District 10006 and County Lighting District LLA -1 on file in the office of the Department of Public Works. OL'rlmyr wy 11 That this City Council hereby consents to the annexation of said territory, as shown on the attached map and/or described in the attached legal description, included within the boundaries of said annexation, and lying within the boundary of the City of Diamond Bar. SECTION III That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefitted by the said proposed annexation, and hereby consents to the inclusion of said land within the proposed annexation and to the assessment thereof. SECTION IV That the consent of this City is hereby given to the commencement of the proceedings for said annexation to County Lighting Maintenance District 10006 and County Lighting District LLA -1 by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the Streets and Highways Code. SECTION V That the Clerk of the City Council is hereby directed to certify and deliver two copies of this Resolution to the Department of Public Works of the County of Los Angeles. SECTION VI The City Clerk shall certify to the passage of this resolution by the City Council of the City of Diamond Bar, and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. 1993. PASSED, APPROVED AND ADOPTED this day of , 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 day of , 1993, by the following Roll Call vote: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - ABSTAINED: COUNCILMEMBERS - LYNDA BURGESS, City Clerk City of Diamond Bar I""`���L ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT AND COUNTY LIGHTING DISTRICT LLA -1 C/TY Opp/��ON© B�qt� rtri l)i� N LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS TRAFFIC AND LIGHTING DIVISION I C/TY OF,O/�9MDN,O Bi4R I .PROJECT 93 -111-:0a „537 [jDmmjby S'- LoU %9 2�' 741. -;t2,572� Prof. 8tiJ7 _ s.Lo D"'.0ow, oon owv sass v—i- I 7 l"ITY Ar nTAMnNM SAR AGENDA REPORT AGENDA NO. g l TO: Terrence L. Belanger, City Manager MEETING DATE: June 1, 1993 REPORT DATE: May 28, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Landscaping Along the Proposed Metal Beam Guard Railing on the Northerly Side of Grand Avenue SUMMARY: On May 18, 1993, the City Council directed staff to prepare a landscaping plan to mitigate the visual effect of the proposed metal beam guard railing along the northerly side of Grand Avenue. In this report, staff present various landscaping options for your review and consideration. RECOMMENDATION: That the City Council direct staff on the choice of landscaping options and limit the construction of guardrails to no more than 2,000 lineal feet. LIST OF ATTACHMENTS:X Staff Report _ Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid. Specifications X Other: Landscaping Conceptual Plan 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: _ REVIEWED BY: Terrence L. Belanger or_ George A. Wentz City Manager Interim City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 1, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Along the Proposed Metal Beam Guard Railing on the Northerly Side of Grand Avenue ISSUE STATEMENT To mitigate the visual effect of the proposed metal beam guard railing along the northerly side of Grand Avenue. RECOMMENDATION That the City Council direct staff on the choice of landscaping options and limit the construction of guardrails to no more than 2,000 lineal feet. FINANCIAL SUMMARY This project will be funded by Landscaping Assessment District #38. BACKGROUND/DISCUSSION On May 18, 1993, the City Council directed staff to prepare a landscaping plan to mitigate the visual effect of the proposed metal beam guard railing on the northerly side of. Grand Avenue. With Segura/Deutchman Associates as the landscape architect, a landscaping plan depicting two (2) alternatives for the landscape concepts is attached herewith for your review and consideration. Pursuant to Caltrans design guidelines, where guardrail is proposed in an area that is or may be landscaped, the growth pattern of the planting should be considered. Some plantings build up a mat of vegetation that in time may reduce the effectiveness of a railing. Other plantings produce dense willowy branches that can lay down in front of a vehicle and ramp it up and over a guardrail. Where these conditions occur, the planting should be eliminated or periodically trimmed to ensure that the guardrail performs as intended. 1 Landscaping on Grand Avenin June 1, 1993 Page Two ALTERNATE I This design is one which involves minimal enhancement and construction costs. As shown on the attached plan, low growing shrubs (2' high max.), with surrounding drought tolerant ground cover are proposed underneath the guardrails within a 3' strip of the existing sidewalk area. The remainder parkway area will be treated similarly, with low growing plantings (21 high max) underneath the guardrails and reinforced with new shrubs in voids between existing hedgerow plantings. The objective of this alternative is to soften the guardrails by introducing plantings with contrasting foliage color and textures at the ground level beneath the guardrails with the background hedgerow reinforcement together with the existing trees. The preliminary cost estimate of this alternative is $20,000. ALTERNATE II The design of this alternative is to introduce a new planting scheme utilizing existing trees and hedgerow plantings. As shown on the attached plan, low growing plantings (2' high max.) underneath the guardrails with drought tolerant ground cover and new shrubs planted in a natural/meandering pattern in between existing hedgerow voids will be utilized. Additionally, new trees are proposed to be installed between existing gaps of tree massings. These trees shall be canopy in form to avoid hindering the view of those homeowners along the southerly side of Grand Avenue. This alternative will eliminate mowing of insignificant lawn areas (less than 3' wide) and replace with low -maintenance ground cover. The objective of this alternative is to reduce long-term maintenance cost by eliminating lawn mowing and to soften the guardrails by providing a natural planting scheme which will divert the motorists perception towards a comprehensive landscape environment along Grand Avenue. The preliminary cost estimate of this alternative is $42,000. The planting materials to be considered for Alternatives I and II are as follows: 2 Landscaping on Grand Avenuo June 1, 1993 Page Three PRELIMINARY PLANT PALETTE BOTANICAL NAME TREES: Albizia julibrissin Tristania conferta SHRUBS: Ligustrum japonicum Pittosporum t. 'Variegata' Pittosporum t. 'Whelleri' Raphiolepis indica Xylosma Congestum GROUND COVERS: �KelYlYfl�i�'`'�` Silk Tree Brisbane Box Japanese Privet Variegated Mock Orange Dwarf Mock Orange India Hawthorn Shiny Xylosma Pyracantha 'Santa Cruz' Dwarf Firethorn Rosmarinus o. 'Prostratus' Dwarf Rosemary Hydroseed native 'meadow' mix Prepared By: David G. Liu 3 CHARACTER Spreading canopy tree Upright tree Large background shrub Large background shrub Small foreground shrub Medium foreground shrub Large background shrub Low spreading ground cover Low mounding ground cover WWW* ,A J' 4 "3 i WWW* ,A J' FA March !!n. WW* aroer nonx Avnoa w. • W w. • i CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. `a • L TO: Terrence L. Belanger, City Manager MEETING DATE: June 1, 1993 REPORT DATE: May 27, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Award of Design Services Contract for Golden Springs Drive Medians from Gona Court to Westerly City Limits. SUMMARY: To provide a uniform landscaping theme along Golden Springs Drive, medians are being proposed between Gona Court and the westerly City limits as part of the Landscaping Assessment District #38 improvements for Fiscal Year 1993-94. In order to ensure that the construction of those medians can be coordinated with the Golden Springs Drive reconstruction/rehabilitation, staff initiated a verbal request for proposal to procure an engineering firm for design services of the median islands. Staff has received and evaluated five (5) proposals for the design services of subject project. RECOMMENDATION: It is recommended that the City Council (1) award a design services contract to DGA Consultants, Inc. for the Golden Springs Drive Medians between Gona Court and the Westerly City Limits; (2) direct staff to negotiate the contract with an amount not to exceed $29,343.00; and (3) authorize a contingency amount of $7,500 to address contract changes that may be necessary from the City's perspective. LIST OF ATTACHMENTS: X Staff Report Resolution(s) Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specifications X Other: DGA's Proposal (on file in City Clerk's (Office) 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 Commissiop? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: RE)fIEWED B Terrence L. Belanger avid G. Liu City Manager Senior Engineer MY COUNCIL REPORT AGENDA NO. MEETING DATE: June 1, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Design Services Contract for Golden Springs Drive Medians From Gona Court to Westerly City Limits. ISSUE STATEMENT To procure the services of a qualified civil engineering firm to provide design services for the Golden Springs Drive Medians from Gana Court to westerly City limits. RECOMMENDATION It is recommended that the City Council (1) award a design services contract to DGA Consultants, Inc. for the Golden Springs Drive Medians between Gana Court and the Westerly City Limits; (2) direct staff to negotiate the contract with an amount not to exceed $29,343.00; and (3) authorize a contingency amount of $7,500 to address contract changes that may be necessary from the City's perspective. FINANCIAL SUMMARY This project will be funded by the Landscaping Assessment District 138. BACKGROUND/DISCUSSION At the March 16, 1993 City Council meeting, the Council approved the installation of medians along Golden Springs Drive between 260 feet west of Adel Avenue and the State Route 57 Overpass. These medians will be constructed as part of the Golden Springs Drive Reconstruction/Rehabilitation Improvements between Brea Canyon Road and Grand Avenue. In order to provide a uniform landscaping theme, medians are also being proposed along Golden Springs Drive between Gana Court and the Westerly City Limits as part of the Landscaping Assessment District 138 improvements for Fiscal Year 1993-94. To ensure that the construction of these medians can be coordinated with the Golden Springs Drive reconstruction/rehabilitation, staff initiated a verbal request for proposal to procure an engineering firm for the design services of the medians. In response to the verbal request, a total of five (5) design services proposals were solicited and submitted for evaluation. 1 Golden Springs Drive Medians June 1, 1993 Page Two Those firms are as follows: 1. DGA Consultants, Inc. 2. J.F. Davidson Associates, Inc. 3. SA Associates 4. Dwight French and Associates 5. RKA Civil Engineers, Inc. Evaluation based on demonstrated track record, adequate number of staff assigned to the job, experience of team members, ability to work with City staff, knowledge of local conditions, involvement with related projects, ability to keep on schedule, ability to stay within budget and demonstrated interest by the consultants were utilized. From our previous experience with DGA Consultants and based upon their proposal, staff believes that the scope of work and related services from DGA Consultants, Inc. represent the best choice. DGA's proposal reflects thorough research with the County of Los Angeles and the City's records and a complete understanding of the project. The cost of $29,343, as proposed by DGA, includes design survey, median island construction plans, landscape and irrigations plans, storm drain plans, striping plans, and traffic control plans. Bid ranged from $20,870 to $43,500 for the scope of work proposed by the City. Staff anticipate design to be completed within three (3) months. Prepared By: David G. Liu PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of , 19 , between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "CITY") and DGA Consultants, Inc. (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the Golden Springs Drive Medians from Gona Court to the Westerly City Limits ("Project" hereafter). (ii) CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct of which proposal is attached hereto as Exhibit "A" and by this reference made a part hereof. (iii) CITY desires to retain CONSULTANT to perform professional engineering services necessary to render advice and assistance to CITY, CITY's City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: 1 B. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Project: The preparation of described in of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project. (b) Services: Such professional engineering services as are necessary to be performed by CONSULTANT in order to complete the Project. (c) Completion of Project: The date of completion of all phases of the Project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings will be determined by the CITY. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "A" hereto and all in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY and in accordance to the standard of care normally provided by practitioners of the engineering profession. 2 (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibits "A" to CITY within the time specified by the CITY. Copies of the documents shall be in such numbers as are required by Exhibit "A". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2.(b) may be extended upon written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of $ for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to 9 CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within thirty (30) days of receipt of CONSULTANT invoices. The CONSULTANT shall detail the charges by project task number, hours worked, and employee classifications, total not to exceed amount for the project if it is a time -and -material basis project, and percent completed if it is a lump sum basis project. All charges shall be in accordance with CONSULTANT's proposal either with respect to hourly rates or lump sum amounts for individual tasks. (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 90% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than sixty (60) days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT's proposal as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basis. Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within thirty (30) days after said invoices are received by CITY. 4 4. CITY agrees to provide to CONSULTANT: (a) Information and assistance as set forth in Exhibit "A" hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the Project. (c) Such information as is generally available from CITY files applicable to the Project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by. CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. CONSULTANT shall not be held liable for use of such documents by CITY for purposes other than intended by the Agreement. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of 5 termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "A", on a pro -rata basis with respect to the percentage of the Project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3(a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of the date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: CITY: David G. Liu, P.E. Senior Engineer 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 CONSULTANT: Donald D. Greek DGA Consultants 1182 North Tustin Street Orange, CA 92667 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 6 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subconsultant to commence work on a subcontract until all insurance required of the subconsultant has been obtained. CONSULTANT shall take out and maintain at all time during the term of this Agreement the following policies of insurance: (a) Workers' Compensation Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom it may employ directly or through subconsultants in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of 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 the work of this Agreement." 7 (b) Public Liability and Property Damage: Throughout the term of this Agreement, at CONSULTANT's sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT's activities, providing protection of at least One Million Dollars ($1,000.000.00) for property damage, bodily injury or death to any one person or for any one accident or occurrence and One Million Dollars ($1,000,000.00) aggregate. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning errors and omissions ("malpractice") providing protection of at least One Million Dollars ($1,000,000.00) per claim and in the aggregate for errors and omissions ("malpractice") with respect to loss arising from actions of CONSULTANT performing the Project hereunder on behalf of CITY. (d) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, agents and representatives. All 8 policies shall contain language, to the extent obtainable that: (1) the insurer, except the errors and omissions insurer, waives the right of subrogation against CITY and CITY's elected officials, officers, employees, agents and representatives; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the negligent, intentional and/or willful acts and/or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Damages: In the event that CONSULTANT fails to submit to CITY the completed project, together with all documents 9 and supplemental material required hereunder, in public hearing form to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred dollars ($200.00) per day for each day CONSULTANT is in default, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such a default in performance by CONSULTANT, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by CITY or by acts of God, acts of the public enemy, fire, floods, epidemics, or quarantine restrictions. 12. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 13. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. 10 15. Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 16. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT: DGA CONSULTANTS, INC. Name and Title Approved As To Form: CITY OF DIAMOND BAR City Attorney ATTEST: City Clerk 12 Mayor 1�,i,ry or nTAaroun ��n AGENDA REPORT AGENDA NO. Y - 3 TO: Terrence L. Belanger, City Manager MEETING DATE: June 1, 1993 REPORT DATE: May 27, 1993 FROM: Bob Rose, Director of Community Services TITLE: Environmental Enhancement Project - Termination of Agreement With California Conservation Corps SUMMARY: On January 19, 1993, the City of Diamond Bar awarded a contract to the CCC to install irrigation and planting materials along Route 60 Freeway. Due to a constant turnover of CCC workers, progress on the project as been slow. At the current rate, it will take two years to complete. Unfortunately, due to time limits imposed by the State of California on the grant that funds this project it must be completed by January, 1994 for the City of Diamond Bar to be reimbursed for costs. In order to terminate the contract with the CCC, it requires a 60 day notice. RECOMMENDATION: It is recommended that the City Council terminate the agreement with the CCC and issue a 60 day notice of termination. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specifications (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: _ REVIE Y: 1; , Terrence L. Be ger 16ob Rose City Manager Community Services Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 1, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Environmental Enhancement Project - Termination of Agreement With California Conservation Corps ISSUE STATEMENT On January 19, 1993, to install irrigatio to a constant turnov slow. At the curren Unfortunately, due t the grant that funds the City of Diamond the contract with th RECOMMENDATION the Ci n and er of t rate, o time this Bar to e CCC, ty of Diamond Bar a planting materials al CCC workers, progress it will take two ye limits imposed by th project, it must be c be reimbursed for co it requires a 60 day warded a contract to the CCC ong Route 60 Freeway. Due on the project has been ars to complete. e State of California, on ompleted by January 1994 for sts. In order to terminate notice.. It is recommended that the City Council terminate the agreement with the CCC and issue a 60 day notice of termination. FINANCIAL SUMMARY Total amount budgeted in the grant for the installation of irrigation and planting materials is $227,301. Costs for the CCC portion of work, including the next sixty (60) days, is $41,768. All costs are paid through the grant by the State of California. BACKGROUND\DISCUSSION On January 19, 1993, the City of Diamond Bar awarded a contract to the California Conservation Corps (CCC) for $150,144 to install the irrigation and planting materials for the Environmental Enhancement and Mitigation Project along Route 60 Freeway. The project area includes a 5.2 mile stretch of the 60 Freeway, plus the interchanges at Grand Avenue and Phillips Ranch Road, the turf area of Peterson Park and the slope to the east of Peterson Park. The project area was divided into six sections, each section planned for completion before work on the next section was to begin. The CCC began work on section one of the project, the Grand Avenue Interchange, on January 25th. After four months of work on this area of the project, the CCC is still working on the Grand Avenue Interchange portion of the project, and will probably require another month on this area to complete it. In defense of the CCC they are very diligent and cooperative in their efforts to complete the project. But the CCC is primarily a training program for young adults, and the turnover of CCC participants assigned to this project has resulted in a very slow pace of work. Time is spent teaching safety rules for working in the hazardous TERMINATION OF CCC JUNE 1, 1993 PAGE TWO environment adjacent to the fast moving vehicles on the freeway, as well as teaching job skills required to complete this project. It seems that as soon as workers are trained to do the job safely and properly, staff turns over and raw recruits must be trained from the beginning. At the pace the project is currently progressing, it will take another two years to complete. Unfortunately, we have been notified by the State of California, who has jurisdiction over the Grant funding that pays for this project, that all work must be completed by January, 1994, or risk not being reimbursed for expenses. Therefore, we have only eight more months to complete the project. DISCUSSION The contract with the CCC requires a 60 day termination notice. Staff feels that the. CCC can complete the Grand Avenue Interchange and the tree planting on the turf area of Peterson Park over the next 60 days. By that time, a contractor can be secured to complete the remainder of the project. Prepared By: Bob hose. Director of Coamunity Services 7 STATE Of CA0F04NIA—AES0U9C113 AGiWY CALIFORNIA CONSERVATION CORPS G01W 0ltIKMlJIAN, ce...,,e, 130 Capitol A,a,q,a, S«,a.... CA Vx1. 16) arsal•3 ALM SPONSOR AGREEMENT This agreement is made and entered into by and between the California Conservation Corps. State of California, referred to as "CCC", and hereinafter (SPonsor's Name) hereinafter called -,Sponsor:-- WHEREAS. Sponsor:"WHEREAS, the CCC wishes to provide training in job skills and environml education to young men and women of California through a program which includes projeCts in entapublic service conservation wont, and WHEREAS, the Sponsor can provide opportunities forublic P esevtn through mesningtW and productive work projects, and WHEREAS, the Sponsor shall provide opportunities for public use of project areae. and WHEREAS. the .CCC shall generally be engaged in projects which preserveenvironmentally maintain and enhance envi important lands and watere, and y WHEREAS, the CCC #hall accomplish useful and needed public works projects is both urban and rural areas, and WHEREAS, the CCC may Ox"Ute organisacontracts for any local or statewide private orgfurnishing the services of the Corps to any federal. state, or local agency and tion concerned with the objectives of the Corps, and WHEREAS, the CCC may be reimbursed by the fsdsrW government, & by state ar local Public organisation for actual exP000" incurred b Pu agency, or any private y ten Corps for any preject, NOW THEREFORE. in comaideratioa of the above, the Parties hereto agree as follows: A. The seSgYemasotir el" submit project Proposals on a form provided by CCC. Hy so doing. with nfireace to any such proposals subsequently Pprovd by the Directs. CCC. Spoaaor agrees to: I. Pay for all Costs directly reload to and aecesaithtsd by s*t �, bis eek► led labor on sueb projects. In the event that reisabursesaent is negotiaad, fence �'bmnet �ha+itedto rambnrsemeatfor CCC 2. Demonstrate the availability of docua"tatien win be asesssary. adequate technieW SuPsrvisiom a�waspedW laborand requirements sufi�ldest farads, materials. supplies, and re9airsmeats to a mprste sub project equipment, 3. Obtain tbeaPProvalsaad P•ra>itarequirsd byaaYotherataa. fid operation of sub project', oral. or local agency necessary to commence construction or 4. Obtain any clearancesand am" tyjeew req�ements of trade sale" or other labor organizations occasioned by the participation of the CCC is such 5. When necessary, Provide aa hour's driving time from livi a CrCC base center for CCC pe "cionaj wthe untbn of gay such projeea We mon than one S. Hold an orientation meeting with CCC actually engaged in working om each projects. safety conaMWOUpts. Mad MY other aspects l at the oomewteeceeat Staub Projsets to er[plaja the technical aspects. 7. Present or Pka aeosaSary for •acosedfal satewtiea of sub projects. arrange iter as addltienal adweatieW Presartatioa ague emphieis oa the big of the program or traiatag e� WtY at the CCC base anter or similar projaet the ydatieaabip of each projects to reee� site or ants, the public DeaeAt to be derived from tt m t ort s B. The CCC shall select, &oSs rose or wildlife R ce theSimilar subjects. CCC. es well ee mNfiag ehePl�eeala Submitted by the Sponsor. then pre*ta agWatively mandated criteria. The CCC shall submit t�h• Priori and resources of the any Special rappioved a or eooditreas asd thereby. By so apoaaor, evaluations setting forth subsequently approved by SPoasor, the CCC ��• �� ��+� to any such evaluations hour's driving tsar in two•whael dries wheals *$Omm the agnate CCC baa# ague Peeriatoo. UtvPortatioa (if within one Coordinator dayrmiaaa to be available Upoa receipt of Sponsor'# )• fosd and snub tools as the CCC Project scheduled is accordance with the priorities and resources of the CCC. of Such evaluation#, projects will be C. In accordance with Section 14304 of the Public Resources opportunities to the public for the use of thees natural resources ano COQ' CCC projects shall be directed toward providing while at the acme time urcee gad evv�r+oaatsolally im�t public lands and waters, basic skills. pro' Providing Young mea and women with as oppoetusity for personal development in a variety of Neta shall be undertaken in both urban and rural areas and Shari be selected on the basis of the e training and natural resource bsaefrte eauh ofYere, the oPPortuaitias for public ues each offers. and the on-the-job training value of each. CCC 96 (4/83) E. F. G. H. J K. L. D. The Sponsor recognizes that the CCC exists under a legislative mandate to act under the direction a nd can Office of Emergency Services. Department of Forest times of emergencies arising from Bre, flood, wind, and other natural s o assist the disasters and rte fro) of the State Forestry and other agencies to assist the people of the Stateof California in Projects will be performed within the rules and regulations of the CCC, which May permanent cessation of emergencies. Projects due to emergency conditions as defined by such rules and regulatio sy suspension or The Sponsor further reco gaizes that the resources of the CCC are limited, and the public service conservation work of the CCC may be altered in priority front time to time. The parties agree that delays by either. party shalt be excused and costs caused by such delays shall incurring such costs.Y all be borne by the party Sponsors contracting with the CCC for emergency Work performed under this a services may be required to reimburse exceptional coats, e, Provide such su agreement will be undo the immediate supervisiong•. overtime. supervision. technical assistance, guidance and inspection of the CCC oiiicials. The sponsor will the work. Pktion u it considers necessary All improvemsnm coastruct"d in whole or in �' to Properly complete Sponsor. Part on lands owned or controlled b Sponsor poneor will remain the property of the Permission to camp and Perform work on lands owned or controlled b S to the CCC, its staff, or any person a persons working with the CCC in the Y Sponsor does not in an wa to them the beneIIts afforded to performance of said work, employee status that ould extend Permanent employees of Sponsor. Upon Completion of each project, or any phaa@ th site a sign or emblem, consistent in size and design permission is hereby granted to �e CCC to place upon the project Year thereof. gn to its surroundings, indicatingthe Participation of the CCC and the The CCC and Sponsor each agree to indemnity and hold harmless the other, its oft] claims, demands of liability caused by the indemnifying party Burin or �' •gents -and employees from all Neither party may g after completion Of the Q employees Y sasign this contract or any interest therein without the wri All contracts relating to the construction oro ua° concent of the other party. project, shall contain a clause Prohibiting crimin n of the project, including those exeeatsd following completion of the work or project operation, on the baps �nadon against an em to ee or employee Such clam" shall include all a. y P y PI Yee aPPhcanteagaged in project Pette of em COQ' sex. color, anosstry, age, physical handicap or national origin. Subject to the provisions hersin, all Dloyery0,ploYse and employer-smPloyee apoicant relations. Any waiver of rights by either nmediM �O1"� by �«► ars available to sithu party foe enf matter relating to this contract. er any matter relating to thb contract shall not be anent of this contract. deemed to be a waiveron any other M, If any Part of this contract is found to be iav N. This contract may be modified alid the remainder of the contract shall continue in effect. O. This a greement of the parties. agreement shall remain in by mutual written a eflfict unless P. No member of, or del Urmi"ted °pO° sixty (80) days written notice from either party to the other. agreement, or to an Kate to, Congress, u R"sidpnt Commissioner. shall be admitted made with a co y beneRt tbat may anw thseefrom; but this provision shat] not be construed tO any share or part of this rPoratios fbrits genual banefit (Applicable' only it3 nsw� extend this agreement IN WITNESS WHEREOF, the Pothis an otbecons t u d to*Xto tat h Gov Government). Parties have agreed to � conditions of this Agreement as of the last data written below. Date: JANUARY 8 199 Sponsor. CITY OF DIAMOND BAR /Na wy,y,,,y XBy: BOB ROSE Title: PARKS AND RECREATION DIRECTOR Address: 21660 E . COPLEY DR . SUIT DIAMOND BAR, CA. 91765 Date: STATE OF CALIFORNIA California Conservation Corps By: Title: Agreement M CCC Project 4 R 93-2220 SPONSOR AGREEMENT (Addendum to CCC %) (for use with reimbursable projects) A. The California Conservation Corps, hereinafter referred to as CCC, agrees to provide crews) to perform (reference Project Evaluation Form CCC 5g, for complete project details): PLANT APPROXIMATELY 5,500 TREES AND INSTALL IRRIGATION SYSTEM. WORK WILL BE DONE ALONG ROUTE 60 FREEWAY AND IN PETERSON PARK. use additional :beets if necessary) B. In consideration of the above directed work sponsor agrees to reimburse the CCC for (type of reimbursement: labor, equipment/ materials, extraordinary changes): LABOR ONLY C. The total amount payable by sponsor to CCC under this agreement shall not exceed S 150,144 The CCC shall forward to Sponsor supporting documentation, along with billing in triplicate, to substantiate the work Performed. Sponsor agrees to pay CCC within 60 days of presentation of bill. Pa to: California Conservation Corp, 1530 Capitol Avenue, Sacramento. CA 93114, Atun�tion: IS tAccounting! be «forwarded Date: JANUARY 8 1993 Sponsor. CITY OF-DTaMrND BAIL (x...e Apmr) )(By: Title: PARKS AND R CRMTION DIRECTOR Address: 21660 —F., COPTLY DR SUITV 100 DIAMOND BAR, CA. 91765 CCC sM (Ilan Date: STATE OF CALIFORNIA California Conservation Corps By: Tule: CCC FISCAL DISPLAY INTERAGENCY AGREEMENT NUMBER: PROJECT NUMBER: 893_2220 FY 93/94 FY 91/92 erformance Based fCM 8 Equipment (Items 8500 $ Staff O.T.B__, 8 Tools 8 or more) Materials 8 -- Labor $_ /Hr 8 Tools Other (See Staff O.T. $_/H 8 Materials $ Consulting Services 8 Food and Lodging 8 Processing Fee (See Policy Statement 8 Other (See 585/149) Instructions on 8 - Reverse of 96A) FY 92/93 Performance Based 8 Equipment (Items 8500 8 - CM Labor $1135('t 8 15_ 0_ or more) Tools Staff O.T. $____ j:k 8 8 ------- Materials 8 Consulting Services 8 ---_._ Food and Lodging 8 Processing Fee —'— (See Policy Statement8 Other (See 585/149) -- Instructions on 8 Reverse of 96A) FY 93/94 Performance Based 8 Equipment (items 8500 8 CM Labor 8� 8 or more)—' Staff O.T.B__, 8 Tools 8 Consulting Services 8 Materials 8 -- Processing Fee Food and Lodging 8 ------ (See Policy Statement 8— Other (See 585/149) Instructions on 8 Reverse of 96A) AGENDA ITEM NO. 9.1 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: June 1, 1993 REPORT DATE: May 26, 1993 FROM: James DeStefano, Community Development Director Kellee Fritzal, Administrative Assistant TITLE: Request for Proposals (RFP) for "as needed" Landscape Architectural Services SUMMARY: The City Council has a adopted Water Efficient Landscape Regulations (Resolution 92-66), as required by Assembly Bill 325. The regulations require a qualified Landscape Architect to review development landscape plans as required by Assembly Bill 325. The regulations establish specific criteria for approval of landscape and irrigation plans. In order for landscape and irrigation plans to be approved, they must satisfy the point system criteria of the regulations. The RFP would provide a landscape architect available to the City for review of landscape plans on an "as needed" basis. In addition, the Architect could be utilized for park modifications to insure compliance with the Americans with Disability Act (ADA), median and planting designs. RECOMMENDATION: Adopt Resolution 93 -XX Authorizing the release of an RFP for Landscape Architectural Services. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A 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? N/A_ Yes X No 4. Has the report been reviewed by a Commission? N/A Yes X No Which Commission? 5: Are other departments affected by the report? X Yes No Report discussed with the following affected departments: _ Community Development/Community Services Ar, y 10WCL) 0T: ,-,Aw tli4fw, errence L. Belanger City Manager Ja es DeStefano Community Develop ent Director Bob Rose Community Services Director CITY COUNCIL REPORT MEETING DATE: June 1, 1993 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Request for Proposals (RFP) for "as needed" Landscape Architectural Services ISSUE STATEMENT: The City Council has a adopted Water Efficient Landscape Regulations (Resolution 92-66), as required by Assembly Bill 325. The regulations require a qualified Landscape Architect to review development landscape plans as required by Assembly Bill 325. The regulations establish specific criteria for approval of landscape and irrigation plans. In order for landscape and irrigation plans to be approved, they must satisfy the point system criteria of the regulations. The RFP would provide a landscape architect available to the City for review of landscape plans on an "as needed" basis. In addition, the Architect could be utilized for park modifications to insure compliance with the Americans with Disability Act (ADA), median and planting designs. RECOMMENDATION: Adopt Resolution 93 -XX Authorizing the release of an RFP for Landscape Architectural Services. FINANCIAL SUMMARY: All costs incurred by the City with regard to the review and approval of the landscape documentation package are covered by the existing plan check fee, which is paid by the permit applicant. BACKGROUND: On December 1, 1992 the City Council adopted a Resolution 92-66 "Water Efficiency Landscape Regulations" as mandated by the State of California. Assembly Bill 325 required the State Department of Water Resources to prepare and adopt a model water efficient landscape ordinance, which was completed in July 1992. According to state law, cities had until January 1, 1993 to adopt the state model ordinance, adopt their own local water efficient landscape ordinance, or issue findings that no ordinance is necessary. Staff worked with other members of the East San Gabriel Valley Planning Committee who developed model regulations which address the needs of cities in this region. DISCUSSION: The attached RFP has been prepared to have in place a means to review landscape plans. The Landscape Firm that is selected would be available on an "as needed" basis to review plans. All associated costs are reimbursed through fees collected through the plan check process and are paid by the permit applicant. In addition, the Landscape Architect, could assist staff with minor park modifications to insure compliance with ADA regulations, median and landscaping designs. PREPARED BY: Kellee Fritzal RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE RELEASE OF AN RFP FOR LANDSCAPE ARCHITECT SERVICES FOR THE NATER EFFICIENT LANDSCAPE REGULATIONS WHEREAS, it is the intention of the City Council to implement the Water Efficient Landscape Regulation (Resolution 92- 66) as required by State law within the City of Diamond Bar. WHEREAS, the City of Diamond Bar feels it would be beneficial to have a Landscape Architect available to review plans for compliance to the regulations. WHEREAS, a Landscape Architect could assist on minor park retrofit in compliance with the Americans with Disability Act (ADA) and median and planting desings. WHEREAS, such improvements will benefit the Diamond Bar community. NOW, THEREFORE, BE IT RESOLVED THAT the City of Diamond Bar shall release the Request For Proposals seeking "as needed" Landscape Architectual Services. Proposals are to be delivered by 5:00 p.m., Thursday, June 24, 1993, to the Community Development Department, City of Diamond Bar, 21660 East Copley Drive, Suite 100, Diamond Bar, CA 91765. By order of the City Council of the City of Diamond Bar, California. Dated this day of , 1993. 1 PASSED, APPROVED AND ADOPTED by the City Council of the City of Diamond Bar this day of , 1993. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the day of wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 2 1993, by the following vote, to City Clerk, City of Diamond Bar California June 1, 1993 REQUEST FOR PROPOSALS TO PROVIDE "AS NEEDED" LANDSCAPE ARCHITECTURAL REVIEW SERVICES Interested Firms: The City of Diamond Bar is inviting qualified consultants to submit a proposal to provide professional landscape architectural services on an "as needed" basis for a period of one year. The consultant services will be employed to augment the City's professional capabilities and to provide special high quality, very timely expertise when needed. SCOPE OF WORK The scope of the work may include, but is not limited to: • AB 325 - Plan Check • Review of water efficient landscape plans, including: plant selection and grouping, water features, landscape design plan specifications, water efficiency, runoff and overspray, as well as, equipment and irrigation design plan specifications. • Design of park specifications, including compliance with Americans with Disabilities Act (ADA), curb cuts, playground design. • Median design including plant selection and grouping. To be eligible for consideration, interested firms must submit their proposals to the City no later than 5:00 p.m. on Thursday, June 24, 1993, addressed to: City of Diamond Bar Community Development Director 21660 East Copley, Suite 190 Diamond Bar, CA 91765 Attention: James DeStefano Community Development Director Request for Proposals June 1, 1993 Page 2 The City will enter into a Professional Services Agreement (PSA) with the selected consultant. Each specific assignment under the Agreement will be compensated on either a lump sum or time and material basis. The method of compensation will be specified in writing by the City at the time the assignment is made. Six (6) sets of the proposal must be submitted on 8-1/2" X Jill paper. The proposals must contain the names and resumes of all staff members to be assigned to the City, including their responsibilities, hourly billing rate, experience with similar work, and their capabilities relative to performing the needed work within very reasonable time frames. Upon receipt of proposals, the City will complete its evaluation and may schedule interviews with the key personnel. GENERAL REQUIREMENTS Proposals will be judged by a City selection committee based on the following: 1. Responsiveness and comprehensiveness of the proposal with respect to this Request for Proposals (RFP); 2. Experience of the firm in the area of landscape architect services; 3. Related experience and qualifications of the proposed project manager, project -team, and their hourly billing rates; 4. Related experience and qualifications on water efficient landscaping techniques; 5. Availability of staff and their ability to complete a project in a very timely manner; and 6. Information obtained from references. The City reserves the right to reject any proposal and may elect to make a decision without further discussion or negotiation. This solicitation for qualifications is not to be construed as a contract of any kind. The City is not liable for any costs or expenses incurred in the preparation of the RFP. The right to issue supplementary information or guidelines relating to this RFP is also reserved by the City. Request for Proposals June 1, 1993 Page 3 Should you have any questions, please contact this office at (909) 396-5676. Sincerely, James DeStefano Community Development Director Attachment: Professional Service Agreement Resolution No. 92-66 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. C?,; TO: Honorable Mayor and Members of the City Council MEETING DATE: June 1, 1993 REPORT DATE: May 27, 1993 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. XX approving the plans and specifications for the installation of the irrigation system and planting of trees along Route 60 Freeway. SUMMARY: If the contract with the California Conservation Corps is terminated, it will be necessary to obtain a contractor to complete the Environmental Enhancement Route 60 Freeway Project. It is expected that a contractor can be obtained through the bid process within 60 days, and the project can be completed within 120 days after that. Anticipated completion date is November 30, 1993, well within the January 1994 deadline. RECOMMENDATION: Adopt Resolution No. XX approving the plans and specifications for the installation of the irrigation system and planting of trees along Route 60 Freeway and direct the City Clerk to advertise to receive bids. LIST OF ATTACHMENTS:X Staff Report X Resolution(s) Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification X. Bid Specifications (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: _ REVIE D BY: A Terrence L. ger Bob Rose City Manager Community Services Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 1, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. XX Approving the Plans and Specifications for the Installation of the Irrigation System and Planting of Trees Along Route 60 Freeway. ISSUE STATEMENT If the contract with the California Conservation Corps is terminated, it will be necessary to obtain a contractor to complete the Environmental Enhancement Route 60 Freeway Project. It is expected that a contractor can be obtained through the bid process within 60 days, and the project can be completed within 60 days, and the project can be completed within 120 days after that. Anticipated completion date is November 30, 1993, well within the January 1994 deadline. RECOMMENDATION Adopt Resolution No. XX approving the plans and specifications for the installation of the irrigation system and planting of trees along Route 60 Freeway and direct the City Clerk to advertise to receive bids. FINANCIAL SUMMARY Total amount budgeted for labor and materials for the Route 60 Freeway Project is $432,000. After the CCC completes its portion of the project, there will be $350,826 available in the grant to pay for a contractor to complete the project. The engineer's estimate is $339,588. All costs incurred by the City of Diamond Bar with respect to this grant are reimbursed by the State of California. BACKGROUND On April 7, 1992, the City of Diamond Bar entered into an agreement with CALTRANS, Local Streets and Road Branch, for the Environmental Enhancement and Mitigation Program. The City was awarded a grant totalling $563,000 for the installation of an irrigation system and the planting of 5,500 trees along Route 60 Freeway. In January 1993, the City awarded a contract to the CCC to install the irrigation system and to plant the trees, and awarded a purchasing agreement to Marina Contractors to provide the irrigation and planting materials. Due to turnover of CCC workers, the work on the project has progressed slowly. In order to meet the project completion deadline of January , 1994, it has been recommended that the agreement with the CCC be terminated. If City Council takes this action, the quantity of materials that will be purchased from Marina Contractors will be reduced (through a ft--te 40 FreewaY June 1, 1993 Page Two reductive change order, at a later date) and there will be a need to secure a contractor to complete the project. The attached plans and specifications have been developed to obtain a contractor through the bid process. DISCUSSION The plans and specifications have been developed to secure a contractor to provide both labor and materials to complete the remainder of project. The bid process will take a maximum of 60 days and the bid specs allow for up to 120 days for the contractor to complete the project. This timeline insures that the project will be completed by November 30, 1993, well before the January, 1994 deadline imposed by the State of California. Prepared By: Bob Rose, Director of Community services CITY OF DIAMOND BAR STATE OF CALIFORNIA SPECIFICATIONS FOR INSTALLATION OF IRRIGATION SYSTEM AND PLANTING OF TREES ALONG ROUTE 60 FREEWAY (Between Grand Avenue and Phillips Ranch Road) 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 Tuesday, June 29, 1993 sealed proposals for the performance of the above described services. CITY OF DIAMOND BAR Gary G. Miller, Mayor Phyllis E. Papen, Mayor Pro Tem John A. Forbing, Councilmember Dexter MacBride, Councilmember Gary H. Werner, Councilmember Terrence Belanger, City Manager 1 TABLE OF CONTENTS NOTICE OF INVITING SEALED BIDS . . . . . . . . . . .. 4 - 8 INFORMATION FOR BIDDERS . . . . . . . . . . . . . . . . 9 - 15 BIDDER'S PROPOSAL . . . . . . . . . . . . . . . . . . . . 16 - 17 SCHEDULE OF PRICES . . . .i. . . . . . . . . . . . . 18 - 19 CONTRACTOR'S INDUSTRIAL SAFETY RECORD . . . . . . 20 NON -COLLUSION AFFIDAVIT . . . . . . . . . . . . . . . . . 21 FAITHFUL PERFORMANCE BOND . . . . . . . . . . . . . . . . 22 LABOR AND MATERIAL BOND . . . . . . . . . . . . . . . . . 23 BIDDER'S BOND . . . . . . . . . . . . . . . . . . . . . . 24 AGREEMENT . .. . . . . . . . . . . . . . • 25 - 31 SPECIAL PROVISIONS . . . . . . . . . . . . . . . . . . . 32 - 37 EXHIBIT "A" . . . . . . . . . . . . . . . . . . . . . . . 38 - 51 2 SPECIFICATIONS FOR INSTALLATION OF IRRIGATION SYSTEM AND PLANTING OF TREES ALONG ROUTE 60 FREEWAY (Between Grand Avenue and Phillips Ranch Road) 3 RESOLUTION NO. 93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION OF IRRIGATION SYSTEM AND PLANTING OF TREES ALONG ROUTE 60 FREEWAY AND AUTHORISING 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 installation of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION I. That the plans and specifications presented to the City of Diamond Bar to be and are hereby approved as the plans and specifications for Installation of Irrigation System and Planting of Trees along Route 60 Freeway. 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 words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of the City of Diamond Bar, on or before the hour of 11:00 o'clock A.M. on Tuesday, June 29, 1993, sealed bids or proposals for Installation of Irrigation System and Planting of Trees along Route 60 Freeway. 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 Installation of Irrigation System and Planting of Trees along Route 60 Freeway". 4 PREVAILING NAGE: 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 upon 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 Section 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 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 E 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 N 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 fifty percent (50%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class C-27 or C-61 Contractor at the time of award in accordance with the provisions of the contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office 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 $50.00, said $50.00 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 $10.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 9-3 of the General Provisions, as set forth in the plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). 7 The City of Diamond Bar, California, reserves the right to reject any and all bids. The Engineer's Estimate is: $339,588. By order of the City Council of the City of Diamond Bar, California. Dated this 1st day of June, 1993. ADOPTED AND APPROVED this day of MAYOR ATTEST: CITY CLERK . 1993. 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 day of , 1993, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar 8 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 f illed 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 0 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 misunderstanding of the contract provisions. 7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall be allow any subcontractor to commence work on this subcontract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer of insurers, satisfactory to and first approved by the City in writing. Certificates of insurance in the amounts required shall be furnished by the contractor to the City prior to the commencement of work. The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. The contractor shall maintain public liability insurance to protect said contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this 10 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 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. 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 OF BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. 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 11 the basis of the lowest possible cost relative to the alternate or alternates selected and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals; provided that the award may be made after said period of the successful bidder shall not have given the City written notice of the withdrawal of his bid. 12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid, or on the base bid and any alternate or combination of alternates. 13. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. 14. LISTING SUBCONTRACTORS: No 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 12 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 re -advertised. 18. "OR EOUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at $4380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 19. EMPLOYMENT APPRENTICES: The contractor, and all subcontractors, shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the contractor and all sub -contractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR) . 20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 21. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. 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 or any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file and available for inspection in the Office of the Department of Industrial Relations, Division of Labor Statistics and Research. 22. PERMITS. FEES AND LICENSES: The Contractor shall possess a valid City of Diamond Bar business license prior to the issuance of the first payment made under this contract. 13 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 one hundred twenty (120) 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. 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. 14 Erasures of interlineation 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 unit price bid item the total amount is entered for the item but not the unit price, the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid on individual items (if called for) do not add up to the total amount shown, the correctly added total of the individual items shall prevail over the total amount. 32. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to time, issue addenda to the contract documents during the period of advertising for bids, for the purpose of clarifying or correcting special provisions, plans or bid proposal. Purchasers of contract documents will be furnished with copies of such addenda, either by first class mail or personal delivery, during the period of advertising. The addenda will be sent to the address the purchaser of the contract documents left with or furnished the City of Diamond Bar at the time the purchase was made. 15 BIDDER'S PROPOSAL TO INSTALL IRRIGATION SYSTEM AND PLANT TREES ALONG ROUTE 60 FREEWAY FOR THE CITY OF DIAMOND BAR, CALIFORNIA Date , 1993 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a copartnership, give the name under which the co -partnership does business, and the names andaddresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any person, firm or corporation. (c) That he has carefully examined the location of the proposed work, and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith. (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. 16 (g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are but estimates, and that the unit prices will apply to the actual quantities whatever they may be. Accompanying this proposal is a certified or cashiers check or bidder's bond, payable to the order of the City of Diamond Bar in the sum of DOLLARS ($ said bidder Is bond has been duly executed by the undersigned bidder and by 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 Bidder Telephone of bidder City Zip Code Signature of Bidder 17 CITY OF DIAMOND BAR 21660 E. Copley Dr., 1100 Diamond Bar, California 91765 BID PRICES FOR THE INSTALLATION OF IRRIGATION SYSTEM AND PLANTING OF TREES ALONG ROUTE 60 FREEWAY Name of Bidder (Company) By (Name) (Title) Bidder's Address Date ITEM NO, I. Mobilization of Project II. Area 1 III. Area 2 IV. Area 3 Telephone # Fax # V. State Furnished Oaks GRAND TOTAL (Figures) GRAND TOTAL (Written in words) SIGNATURE AND TITLE: BID PRICE The undersigned declares that he has read the terms and conditions for the goods or services listed herein and agrees to furnish to the City of Diamond Bar said requirements in strict conformity to the specifications thereto. COMPANY: TELEPHONE # ADDRESS: BY/TITLE: (Authorized Signature) (Title) is 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 applicable portions 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 SUPERVISORS CERTIFIED TREEWORKER - Name: No.. 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 19 a CONTRACTOR'S INDUSTRIAL SAFETY RECORD PMP&WM rtata 1W M" 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 partici- pated 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 partner- ship, joint venture, corporation or individual bidder. The bidder may attach any additional infor- mation or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. 5 Calendar Years Prior to Current Year 1989 1990 1991 1992 Total Current Year 1. No. of contracts 2. Total dollar amount of oontracts (in thousands of S) 3. No. of fatalities 4. No. of lost workday cases 5. No. of lost work day cases involving permanent transfer to another job or termination of employment. 6.• No. of lost workdays The information required for these items is the same as required for columns 3 In 6, Code 10, Occupational Injuries, Summary Occupational injuria and illness, OSSA No. 102. The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of these records. Name of Bidder (print) Address City Signature State Contractors' Lic. No. & Classification Zip Code Telephone r 20 NON -COLLUSION AFFIDAVIT To: The City of Diamond Bar: State of California ) ) SS County of Los Angeles ) 'being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited the other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any 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 bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature of Bidder STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) Subscribed and sworn to before me this day of 1993 Notary Public in and for the County of State of California (Notary Public) 21 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled and .is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said Contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the Contract is hereby waived by such Surety. In the event suit is brought upon this Bond by the obligee and judgement is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this PRINCIPAL SURETY BY: BY: (SEAL) (SEAL) 22 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 fi m y 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 , 1993. PRINCIPAL BY: (SEAL) SURETY BY: (SEAL) 23 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 above named, 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 S THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to y of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on June 29, 1993 for the Installation of Irrigation System and Planting of Trees along Route 60 Freeway 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 judgement is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of , 1993 (SEAL) PRINCIPAL SIGNATURE AND TITLE (SEAL) SURETY SIGNATURE AND TITLE NOTE: Signatures of those executing for the Surety must be properly acknowledged. 24 AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor 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 Irrigation System and Planting of Trees along Route 60 Freeway in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: The work to be done under this Agreement shall include the furnishing of all labor, material and equipment necessary for the construction of Landscape Improvements along Route 60 Freeway as set forth in the specifications for the Installation of Irrigation System and Planting of Trees along Route 60 Freeway in the City of Diamond Bar. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT: The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by city after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the ten (10) calendar days, and to complete his portion of the work within one hundred and twenty (120) calendar days from the execution of 25 the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred ($100.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 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 accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance wit 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 subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 26 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; 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 27 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. 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, 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 28 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. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in 29 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 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. 30 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 Contractors proposal , 1993, in the total amount of $ 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by any party to enforce any term or provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and cost incurred with respect thereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date By: Title APPROVED AS TO FORM: By: Title CITY OF DIAMOND BAR, CALIFORNIA By: Mayor By: Date City Clerk 31 Contractor's Business Phone: Emergency Phone at which Contractor May be reached at anytime: 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. Scope and Control of Work. ection 2-1. Award and Execution of Contract is amended by the (a) Examination of Plans, Specifications, Special Provisions, and Site of Work: The bidder is required to examine carefully the site and the proposal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions 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) Proposal Form: All proposals must be made upon blank forms to be obtained from the City Clerk at City Hall, 21660 E. Copley Dr, Suite 100, Diamond Bar, CA. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, and his address shown. If the proposal is made by individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, (c) Irregularities: Proposals may be rejected if they show any alterations of form additions not called for, conditional or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. 32 (d) Bidder's Guaranty: All proposals shall be presented under sealed cover and shall be accompanied by cash, cashier's check or certified check payable to, or bidder's bond in favor of the City of Diamond Bar in an amount of said proposal, and no proposal shall be considered unless such cash, cashier's check, certified check, or bidder's bond in enclosed therewith. (e) Award of Contract: The award of the contract, if it be awarded, will be to the lowest responsible bidder. (f) Return of Bidder's Guarantees: Proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. The Notice Inviting Sealed Bids, Proposal, Bonds, Instructions for Bidders, General Provisions and Detail Specifications, shall be deemed incorporated in the contract by reference. A corporation to which an award is made will be required, before the contract is finally executed, to furnish evidence of its corporate .existence that the officer signing the contract and bonds for the corporation is duly authorized so to do. Subsection 2-5.1. Plans and Specifications General. is amended by the addition of the following: An addendum to these specifications may be issued by the Engineer at any time prior to the bid opening. Section 5. Utilities. This section is modified by addition of the following subsections. Subsection 5-1. Location. This section is amended by addition of the following: 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: Utility Owner Identification. Utility owners who may have facilities which may affect the work are as follows: General Telephone 1400 E. Phillips Blvd. Pomona, California 91766 (714) 865-3307 Southern California Edison Company - 33 800 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. Section 6. Construction Schedule and Commencement of Work is amended by the addition of the following: Prior to commencing construction the contractor shall submit for approval a construction schedule. Section 7. Responsibilities of Contractor in Conduct of His Work. Subsection 7-2. Labor is amended by.the addition of the following: Labor Discrimination. No discrimination shall be made in the employment of such persons upon public works because of the race, color, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter 11 or Part VII, Division 2 of the Labor Code in accordance with the provisions of Section 1735 thereof. Subsection 7-3.1. Contractor's Responsibility for Work. Until acceptance of the work in writing by the City of Diamond 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 arising from the execution or from the non execution of the work. The 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. 34 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 one hundred -twenty (120) calendar days. Subsection 7-10.1. Traffic and Access is amended by addition of the following• 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 7-11 SHORING OF EXCAVATIONS Shoring of excavations is not generally required on this project, however, the City's Engineer may determine that shoring is required in portions of the construction area, due to the type of trench excavation proposed by the contractor. The City has performed no soil testing to determine precisely what 35 areas, if any, will require shoring. Shoring of excavation if required shall be in accordance with the 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 shoring, 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 (l0%) of the contract price until final completion and acceptance of the work. The contractor may substitute in lieu of cash retention. 36 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. 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. 37 EXHIBIT "A" S P E C I F I C A T I 0 N S F 0 R Route 60 Freeway (Between Grand Avenue and Phillips Ranch Road) City of Diamond Bar Prepared By: Kobeta Associates, Inc. 607 N. Anaheim Boulevard Anaheim, California 92805 (714) 520-5795 Section 10-2 Highway Planting 5 Irrigation Systems 10-2..01 GENERAL The work performed in connection with highway planting and irrigation systems shall conform to the provisions in Section 20, "Erosion Control and Highway Planting" of the Standard Specifications and these special provisions. 10-2.04 HIGHWAY PLANTING The work performed in connection with highway planting shall conform to the provisions in Section 20-A, Highway Planting," of the Standard Specifications and these special provisions. SSP 20.35 L COMMERCIAL FERTILIZER: Commercial fertilizer (slow release) shall be a pelleted or granular form, shall be a slow release type and shall have the following guaranteed chemical analysis: Ingredient Percentage Nitrogen 12 Phosphoric Acid 12 Water Soluble Potash 12 Commercial fertilizer (tablet) shall be a slow release type and shall be in tablet form. Each tablet, as shown on the Plant List on the plans, shall weigh 21 ± 1 grams, and shall have the following guaranteed chemical analysis: Ingredient Percentage Nitrogen 20 Phosphoric Acid 10 Water Soluble Potash 5 SSP 20.45 L PREPARE HOLES: Holes for plants shall be excavated to the minimum dimensions shown on the plans. Holes may be excavated by drilling. Section 10-2 Highway Planting 6 Irrigation Systems Root protectors shall be installed in plant holes in accordance with the details shown on the plans and the requirements specified under"Root Protectors" elsewhere in these special provisions. Backfill material for plant holes shall be a mixture of soil fertilizer and amendment as shown on the plans. Backfill material shall be thoroughly mixed and uniformly distributed throughout the entire depth of the plant hole without clods and lumps. PLANTING: Commercial fertilizer and iron sulfate shall be applied or placed at the time of planting and at the rates shown on the plans. Commercial fertilizer (slow release) and iron sulfate shall be mixed into the plant hole soil a minimum depth of 2 inches near the root ball of all plants. Commercial fertilizer (tablet) shall be placed evenly around and approximately one-half the depth of the root ball at all plants. Mulch will not be required in the plart basins as shown on the plan details for Basins, Type I, II and III. SSP 20.50 L FOLIAGE PROTECTORS: Foliage protectors shall be installed at the locations designated on the plans in accordance with the manufacturer's details and these special provisions. Foliage protectors shall be Tubex Treeshelters 2' size as manufactured by Tubex, St. Paul, MN. (Available from Endangered Species, Tustin, Ca. (714) 544-9505). ROOT PROTECTORS: Root protectors shall be installed at the time the plant holes are prepared for plant Group "A", "B", 'TN" and "U" plants in accordance with the details shown on the plans and these special provisions. Section 10-2 Highway Planting 6 Irrigation System Root protectors shall be fabricated from one inch, hexagonal pattern, 20 -gauge, mesh wire. The wire edge at the top of the cylinder shall be uncut (manufactured finished edge) and shall be free of sharp points. Root protectors shall be of a closed bottom design, and shall be of such height and diameter that there will be a minimum of 6 inches of clearance between the root ball and the sides and bottom of the wire cylinder. Root protectors shall be placed in plant holes with approximately 3 inches of the wire cylinder extending above finished grade. 10-2.05 IRRIGATION SYSTEMS: Irrigation systems shall be furnished and installed in accordance with the provisions in Section 20-5, "Irrigation Systems," of the Standard Specifications, except materials containing asbestos fibers shall not be used. SSP 20.60 L VALVE BOXES: Valve boxes shall conform to the require- ments in Section 20-2.24, "Valve Boxes", of the Standard Specifications except as otherwise provided herein. Covers for plastic valve boxes shall be glass fiber reinforced plastic or plastic. Valve boxes shall be identified on the top surface of the covers by labels containing the appropriate abbreviation for the irrigation facility contained in the valve box as shown on the plans. Valve boxes that contain remote control valves shall be identified by the appropriate letters and numbers (controller and station numbers). Labels for valve boxes shall conform to the provisions in Section 20-5.03F, "Valves and Valve Boxes," of the Standard Specifications. Section 10-2 Highway Planting 6 Irrigation System=_ 10-2.05A ELECTRIC AUTOMATIC IRRIGATION COMPONENTS IRRIGATION CONTROLLERS: Irrigation controllers shall be as indicated per plans. The irrigation controller and the low voltage output source shall be protected by fuses or circuit breakers. Where direct burial conductors are to be connected to the terminals strip, the conductors shall be connected with the proper size open-end crimp -on wire terminals. No exposed wire shall extend beyond the crimp of the terminal and the wires shall be parallel on the terminal strip. SSP 20.60 L IRRIGATION SYSTEMS FUNCTIONAL TEST: Functional tests for irrigation controllers and associated automatic irrigation systems shall conform to the provisions in Section 20-5.027J, "Testing", of the Standard Specifications and these special provisions. Tests shall consist of demonstrating to the Engineer, through one complete cycle of the irrigation controllers in the automatic mode, that the associated automatic components of the irrigation systems operate properly. If automatic components of the irrigation systems fail a functional test, such components shall be repaired at the Contractor's expense and the testing repeated until satisfactory operation is obtained. Upon completion of work on an irrigation system, including correction of deficiencies and satisfactory functional tests for the systems involved, the plants to be planted in the area watered by said irrigation system may be planted, provided the planting areas have been prepared as specified elsewhere in these special provisions. PLASTIC PIPE: Plastic pipe supply lines shall be polyvinyl chloride (PVC) 1120 or 1220 pressure rated pipe with minimum pressure ratings (PR) as shown on the plans. Schedule 40 plastic pipe supply lines shall conform to the requirements of ASTM Oesignation: 0 1785. Section 10-2 Highway Planting 6 Irrigation Systems Polyethelene drip tubing to be Agricultural Products, Inc. .600x.700 or approved equal. Fitting for polyethelene tubing shall be Spears or Agricultural Products, or approved equal -insert type compression fitting. All fittings shall be produced by the same manufacturer. Micro tubing stake shall be Agricultural Products S-2 micro tubing stake or approved equal. SSP 20.60 L WATER METERS: Water meters for the irrigation systems will be furnished and installed by the serving utility at the locations shown an the plans. SSP 20.75 L BACKFLOW PREVENTER ASSEMBLY ENCLOSURES: Enclosures shall be installed over backflow preventer assemblies on a portland cement concrete pad as shown on the plans. Enclosure shall be fabricated of structural steel angles and flattened expanded metal -in accordance with the details shown on the plans and these special provisions. Expanded metal for sides, ends, and top panels shall be Fabricated from 0.074 -inch (14 -gauge), minimum thickness, sheet steel. The flattened expanded metal openings shall be approximately 3/4 inch by 1 3/4 -inch in size. Expanded metal panels shall be attached to the steel frames by a series of welds, not less than 1/4 inch in length and spaced not more than 4 inches on centers, along the edges of the enclosures. Enclosures shall be galvanized, after fabrication, in accordance with the requirements specified in Section 7S-1.05, "Galvanizing," of the Standard Specifications. Hold down bolt assemblies shall be galvanized and shall be installed when the portland cement concrete pad is still plastic. Nuts shall be hexagonal and washers shall be the lock type. Section 10-2 Highway Planting 6 Irrigation Systems Enclosures shall be painted with one application of commercial quality fast drying, exterior enamel for metal. The finish color shall be light brown. Tests for new backflow preventers shall be satisfactorily completed after installation of the backflow preventer assembly and before operation of the irrigation systems. TESTING BACKFLOW PREVENTERS: New backflow preventers installed by the Contractor shall be tested for proper operation by a certified Backflow Preventer Tester. The backflow preventer tester shall hold a valid certification as a Backflow Preventer Tester from the county in which the device to be tested is located or, if the county does not have a certification program For Backflow Preventer Testers, the tester shall have a certificate from one of the following: 1. The University of Southern California Foundation for Cross -Connection Control and Hydraulic Research. 2. The American Water Works Association. 3. A county which has a certification program for Backflow Preventer Testers. Testing for proper operation shall conform to the provisions of the county in which the testing is being performed or, if such procedures are not available, such tests shall conform to the provisions in the latest edition of the Cross -Connection Control Procedure and Practices manual, which is available from the California Department of Health Services, Sanitary Engineering Branch, 744 P Street, Sacramento, CA 95814. Tests for new backflow preventers shall be satisfactorily completed after installation of the backflow preventer assembly and before operation of the irrigation systems. The Contractor shall notify the Engineer at least 5 days prior to testing backflow preventers. One copy of all test results for each backflow preventer and a valid certification from the backflow preventer tester shall be furnished to the Engineer. New back- flow preventers failing required tests shall be repaired or replaced at the Contractor's expense. Section 10-2 Highway Planting 6 Irrigation Systems SSP 20.80 L SPRINKLER (TYPE 0): Type 0 sprinklers shall be plastic, nonadjustable, pressure compensating emitters with automatic flushing action. Emitter shall be regulated by dual silicone diaphragms. Emitters shall have the flow rate and operating pressure range shown on the plans. Emitters shall be as specified on plans or approved equal. Emitters shall be installed as shown on the plans and in accordance with the manufacturer's written instructions, 2 copies of which shall be furnished to the Engineer prior to installation. Flexible tubing for the emitters shall be virgin polyethylene plastic containing 2 to 3 percent carbon black. The size of the tubing shall be as recommended by the manufacturer of the emitter. Discharge ends of tubing shall be held in place, within the basin and approximately 2 inches above grade, by plastic or metal stakes. Stakes shall be as recommend by the manufacturer of the emitter. SSP 20.60 L FINAL IRRIGATION SYSTEM CHECK: A final check of the new irrigation facilities shall be done not more than 20 working days prior to the acceptance of the contract. Length of watering cycles for use of potable water from water meters for the final check of irrigation facilities will be determined by the Engineer. All remote control valves connected to new irrigation controllers shall be checked for automatic performance when controllers are in the automatic mode. Unsatisfactory performance of irrigation facilities installed by the Contractor shall be repaired and rechecked at the Contractor's expense until satisfactory performance is obtained. Nothing in this section, "Final Irrigation System Check," shall be construed as relieving the Contractor of full responsibility to make good or repair all defective work or materials found at any time before the formal written acceptance of the entire contract by the Director. ITEM APPROX. ITEM WITH LUMP SUM OR UNIT UNIT PRICE AMOUNTS NO. QUAN. PRICES WRITTEN IN WORDS IN FIGURES SUB TOTAL: $ $ $ 1 Lump Sum Provide and Perform Contractor' Bonding, Insurance, and Mobilization for the entire project for the lump sum price of SUB TOTAL: $ Area 1 - Golden Spring Orive to east of Phillips Ranch Road i (approximately Station 494) south side of Route 60 2 Lump Sum Provide and Install complete and fully functional automatic drip irrigation systems for the lump sum price of 3 745 Each Provide and Install 15 Gallon 1 Trees for the unit price of ` 4 878 Each Provide and Install 5 Gallon Trees for the unit price - of 5 318 Each Provide and Install 1 Gallon Trees for the unit price of 6 3 Months Provide and Perform Plant Establishment Maintenance from project acceptance until January 1, 1994, for the price per month of SUB TOTAL: $ Area 2 - Route 60 West of Golden Spring (north side of freeway) and slope area adjacent to Peterson Park. ITEM APPROX. ITEM WITH LUMP SUM OR UNIT UNIT PRICE AMOUNTS nIIAKI OPTf FC WRTTTFN TN WnRns IN FIGURES 7 Lump Sum Provide and install complete and fully functional automatic drip irrigation systems for the lump sum price of 8 621 Each Provide and Install 15 Gallon Trees for the unit price of j 9 108 Each Provide and Install 5 Gallon Trees for the unit price of 10 542 Each Provide and Install 1 Gallon Trees for the.unit price of I11 3 Months Provide and Perform Plant IEstablishment Maintenance from project acceptance until January 1, 1994, for the price l per month of SUB TOTAL: $ Area 3 - Route 60 Phillips Ranch Road (Approximately Station 502) to Route 71 (south side of freeway) 12 Lump Sum Provide and Install compete and fully functional automatic drip irrigation systems for the lump Isum price of �_-7--___.-cps -anc-i -oac Approximately Station 502 to Route 71 (south side of Freeway) (Continued) ITEM APPROX. ITEM WITH LUMP SUM OR UNIT UNIT PRICE AMOUNTS NO. QUAN. PRICES WRITTEN IN WORDS IN FIGURES GRAND TOTAL (Items 1 through 17): (Written in Words) (Written in Figures) $ $ 13 557 Each Provide and Install 15 Gallon Trees for the unit price of 14 18 Each Provide and Install 5 Gallon Trees for the unit price of 15 3 Months Provide and.Perform Plant Establishment Maintenance from project acceptance until January 1, 1994, for the price per month of SUB TOTAL: $ i State Furnished Oaks i 1 16 600 Each Contractor to Provide and Install Drip Emitters to'600 one (1) Gallon Oak Trees to be field located within the limits of proposed drip irrigated area for the unit price of 17 600 Each Contractor to Install 600 one (1) Gallon Oak Trees provided by the State and field located within the limits of proposed drip irrigated areas for the unit price of SUB TOTAL: $ GRAND TOTAL (Items 1 through 17): (Written in Words) (Written in Figures) ALTERNATE BID ITEM: ITEM APPROX. ITEM WITH LUMP SUM OR UNIT NO. QUAN. PRICES WRITTEN IN WORDS E AS -1 6 Months Contractor to Provide and Perform Landscape Plant. Establishment Maintenance from January 1, 1994, through June 30, 1994, for the price per month of Note: Additive Alternate may be added to contract at any time from beginning of construction until January 1, 1994. GRAND TOTAL OF ALTERNATE BID ITEM: (AB -1) Written in Words (Written in Figures) UNIT PRICE IN FIGURES AMOUNTS UNIT PRICES A. The Contractor agrees that for requested and/or required changes in the scope of work, the Contract Sum shall be adjusted -in accordance with the following unit prices, where the City elects to use this method in determining costs. B. Contractor is advised that the unit prices will enter into the determination of the successful bidder. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed and completely in place in accordance with an applicable portion of the Construction Documents and do include all costs connected with such items; including but not limited to, materials, labor, overhead and profit for General Contractor and/or subcontractors. C. Unit prices for irrigation shall include pipe, fittings, valves, concrete trust blocks and stabilizers, and other items shown on detail plan, as described in specifications, or recommended by manufacturer as part of installation. O. The unit price quoted by the Contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and/or amount of labor required for added or deleted items of work. ITEM NO. DESCRIPTION ADO DEDUCT 1. Provide and install complete 3/4" Remote Control Valve Assembly including but not limited to Remote Control, Pressure Regulator Filter and Ball Valve for the unit price of 2. Provide and install 1" Swing Check Valve for the unit price of 3. Provide and install 1" Spring Check Valve for the unit price of 4. Provide and install 2" Schedule 40 PVC Pressure Main Line Pipe for the lineal foot price of ITEM NO. DESCRIPTION ADD DEDUCT S. Provide and install 11/2" Schedule 40 PVC Pressure Main Line Pipe For the lineal foot price of S. Provide and install 1" Schedule 40 PVC Pressure Main Line Pipe for the lineal foot price of 7. Provide and install 1" Schedule 40 PVC UVR Pipe an grade for the lineal foot price of 8. Provide and install 14 Ga. Direct Burial Controller Wire for the lineal foot price of 9. Provide and install 1/2" Poly- ethelene Drip Tubing on grade for the lineal foot price of 10. Provide and install Orip Emitter complete including but not limited to Emitter, Micro Tubing, Bug Cap, and Emitter Stake for the unit price of CITY OF DIAMOND BAR C? �--� AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: June 1, 1993 REPORT DATE: May 27, 1993 FROM: Terrence L. Belanger, City Manager TITLE: Award of Contract for Inspection Services for the Environmental Enhancement Route 60 Freeway Project. SUMMARY: Work completed by a contractor in the CALTRANS right-of-way must be inspected by an authorized CALTANS inspector to insure that work is being completed according to CALTRANS standards. Jack Thompson, a retired CALTRANS Inspector has submitted a proposal to serve as the inspector for the Environmental Enhancement Route 60 Freeway Project. Mr. Thompson's resume is also attached, and it shows 33 years work experience in landscape inspection and management, making him very well qualified to service this contract. RECOMMENDATION: Award a contract to Jack Thompson for the performance of inspection services at the rate of $40 per hour for a total not to exceed $35,000. LIST OF ATTACHMENTS:.X Staff Report _ Resolution(s) Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) Other: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 415 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: REVIEWED BY: 2:�� - A P�4r�� Terrence L. Belanger Bofi Rose City Manager Community Services Director X Yes Majority _ Yes Yes Yes No X No X No X No CITY CO VNCIL 1AjoI'Ourr AGENDA NO. MEETING DATE: June 1, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for Inspection Services for the Environmental Enhancement Route 60 Freeway Project. ISSUE STATEMENT Work completed by a contractor in the CALTRANS right-of-way must be inspected by an authorized CALTRANS inspector to insure that work is being completed according to CALTRANS standards. Jack Thompson, a retired CALTRANS Inspector has submitted a proposal to serve as the inspector for the Environmental Enhancement Route 60 Freeway Project. Mr. Thompson's resume is also attached, and it shows 33 years work experience in landscape inspection and management, making him very well qualified to service this contract. RECOMMENDATION Award a contract to Jack Thompson for the performance of inspection services at the rate of $40 per hour for a total not to exceed $35,000. FINANCIAL SUMMARY A total amount of $58,500 is included in the grant to provide for an inspector for the Environmental Enhancement Project. This contract is for a total not to exceed $35,000. All costs are paid through the grant by the State of California. BACRGROUND\DISCUSSION Most of the Environmental Enhancement Route 60 Freeway Project will be installed in the CALTRANS right-of-way. Whenever work by a contractor is completed on CALTRANS right-of-way, it is necessary to have an authorized CALTRANS inspector assigned to the project to insure that the work is completed according to CALTRANS standards. A total of $58,500 has been included in the grant to provide for an inspector to work with the City of Diamond Bar on this project. Attached is a proposal from and the resume of Jack Thompson, who is a retired CALTRANS inspector and is available to work on this project. Mr. Thompson's services would be needed for approximately 16 hours per week for the remainder of the project. The attached agreement is for a total not to exceed $35,000. Prepared By: Bob Rose, Director of Community Services May 24, 1993 City of Diamond Bar 21660 Copely Drive Diamond Bar, CA 91765-4177 Atten: Bob Rose Director of Parks and Recreation Dear Mr. Rose, This is a proposal tp perform as a part time Landscape Consultant/Inspector on Tasks III, IV, V and VI of the Environmental Enhancement and Mitigation Reforestration project on and in the vicinity of State Highway 60 in Diamond Bar. It is my intent to work cooperatively with all disciplines involved in the completion of this project. A resume on my qualifications to perform this role is on file. As you can see, I was involved in Highway Landscape projects for 27 years with Caltrans prior to my retirement. My charge for this service will be $40.00 per hour. Because of a previous work commitment, ] will only be able to work a maximum of 64 hours in any given month from June 1, 1993 to March 1, 1994. Also this commitment will require me to spend periods of time in Sacramento, CA and it will be understood that this time will take precedence over the Reforestration project. Because of this, scheduling conflicts may occur. Respectfully, ck P. Thompson Landscape Specialist/Consultant JACK THOMPSON SUMMARY: 33 years of landscape design, inspection, contract administration and management. LANDSCAPE INSPECTION PROJECT EXPERIENCE: Tasks Conducted - 0 Irrigation system and plant materials installation: Conducted inspections to assess extent to which landscape subcontractor installations are to contract specifications and that the one year plant establishment maintenance schedules are being followed. Advised Chief Engineer regarding resolution of technical problems that developed with landscape contractors. Reviewed and evaluated plant selection and irrigation system design, erosion control, extent of hydroseeding and straw punching, trenching. Recommended changes and modifications to plans developed by landscape subcontractors. Maintained daily diaries of installation work and managed progress payments. • Maintenance and repair: Inspected irrigation systems for malfunctioning sprinklers, electric valves, supply lines, automatic irrigation controls. Reprogrammed automatic controllers, where needed. Inspected condition of ground cover, trees, and shrubs; watering; weed and rodent control, and; fertilizer/pesticide applications. Monitored replacement planting. Also, determined whether landscape maintenance contract requirements were being met. Inspected trash buildup and for stolen plants. Managed replacement planting. • Experimental new technology irrigation equipment: Installed, maintained and evaluated moisture sensors, and new automatic irrigation control equipment. Representative Projects For Which These Tasks Were Conducted- • Route 210 from Highway 30 Interchange (San Dimas) to Lowell St. exit (La Crescenta). 20 miles of freeway, 15 landscape projects. • San Gabriel Freeway (Route 605) from Route 210 to Route 405. 30 miles of freeway. 10 landscape projects. • Route 57 (Orange Freeway) from San Bernardino Freeway (Route 10) to Route 5. 30 miles of freeway. 10 landscape projects. • San Bernardino Freeway (Route 10) from San Bernardino/LA County Line to Route 5. 40 miles of freeway. 10 landscape projects. Sisa5.SWP • Route 118 from Route 210 to Rhe Moore Park College Ave. exit. 15 miles of freeway. 6 landscape projects. • Route 405 from EI Toro to Jamboree exit in Irvine. 20 miles of freeway. 12 landscape projects. Employment: Education: Fluor Daniel, Inc., Dec., 1991 - Present, Landscape Consultant State of California, Caltrans, 1978 - Dec., 1991, Construction Landscape Specialist State of California, Caltrans, 1974 - 1978, Maintenance, Landscape Specialist State of California, Caltrans, 1970 - 1974, Maintenance Landscape Foreman State of California, Caltrans, 1964 - 1970, Maintenance Landscape Leadman Twin Cypress Nurseries, 1945 - 1964, Nursery Manager Illinois Technical College San Bernardino Valley College 81645.SWP 2 01TV or Dr rorrD e�,� AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: June 1, 1993 REPORT DATE: May 27, 1993 FROM: Bob Rose, Director of Community Services TITLE: Award of Contract for Supervision and Training of CCC Crews for the Environmental Enhancement Route 60 Freeway Project. SUMMARY: If the contract with the CCC is terminated, they will have 60 days to complete the Grand Avenue Interchange and Peterson Park turf area tree planting portions of the Environmental Enhancement Route 60 Freeway Project. It will be necessary to have an irrigation and horticultural expert on site to train and supervise the CCC Crews to insure the proper installation of the irrigation system and planting of the trees. Mr. Harold Seigworth has 25 years experience teaching landscape and irrigation installation and is well qualified to supervise and train the CCC Crews for the remainder of their participation in this project. RECOMMENDATION: Award a contract to Harold Seigworth for the supervision and training of CCC Crews for the Environmental Enhancement Route 60 Freeway Project at the rate of $40 per hour for a total not to exceed $9,999. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (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: _ KLV11; rill BY: Ak Z err Tence L. anger ob Rose City Manager Community Services Director CZTY COUNCZza z%zeVX AGENDA NO. MEETING DATE: June 1, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for Supervision and Training of CCC Crews for the Environmental Enhancement Route 60 Freeway Project ISSUE STATEMENT If the contract with the CCC is - terminated, they will have sixty (60) days to complete the Grand Avenue Interchange and Peterson Park turf area planting portions of the Environmental Enhancement Route 60 Freeway Project. It will be necessary to have an irrigation and horticultural expert on site to train and supervise the CCC Crews to insure the proper installation of the irrigation system and planting of the trees. Mr. Harold Seigworth has 25 years experience teaching landscape and irrigation installation and is well qualified to supervise and train the CCC Crews for the remainder of their participation in this project. RECOMMENDATION Award a contract to Harold Seigworth for the supervision and training of CCC Crews for the Environmental Enhancement Route 60 Freeway Project at the rate of $40.00 per hour for a total not to exceed $9,999. FINANCIAL SUMMARY A total of $28,000 is included in the grant to provide for supervision and training of CCC Crews for the Environmental Enhancement Project. This contract is for a total not to exceed $9,999. All costs are paid through the grant by the State of California. BACKGROUND\DISCUSSION The CCC has been working on the environmental Enhancement project for the past four months. During that time, they have been supervised and trained by Mr. Jack Thompson. Unfortunately, Mr. Thompson will be undergoing cataract surgery in June and will not be available to return to the project until the end of July. Therefore, Mr. Harold Seigworth submitted a proposal to replace Mr. Thompson as a supervisor of the CCC Crews. Mr. Seigworth has 25 years experience teaching landscaping and irrigation installation and should be an excellent replacement for Mr. Thompson. Prepared By: Bob Rose, Director of Community Services 937 Ocotillo Drive Barstow, CA 92311 February 19, 1993 City of Diamond Bar 21660 Copely Drive Diamond Bar, CA 91765 Attn: Bob Rose, Director of Parks and Recreation Dear Mr. Rose: As requested, this is a proposal to perform as a part-time Landscape Consultant on Task III of the Environmental Enhancement and Mitigation Project on and in the vicinity of State Highway 60. It would be my intent to work cooperatively with all the disciplines involved in the completion of this project. Enclosed is a resume and a work history. As you can see, I taught vocational agri- culture in Riverside for 25 years. Much of that time I taught nursery production and management, landscape installation and management and horticulture mechanics and crew leadership. Teaching those areas involved irrigation systems and planting, including the use of a trencher, laying plastic pipe and digging holes with a post hole digger and planting container grown trees. Because of my past experience, I am quite comfortable with the requirements indicated in this consulting position. My charge for this service will be $40.00 per hour. In view of the added expenses of furnishing additional insurance required, as you indicated, I would need an assurance of 120 work hours, within an eight week period, in order to satisfactorily amortize the additional cost on a reasonable basis. Within that framework every- thing looks satisfactory. My present schedule would allow me to commit to three days per week, with reasonable flexibility to adjust with a reasonable notice. Within the anticipated time frame you indicated for Program completion, I foresee no problems in my carrying through to completion. Respectfully, Harold L. Seigworth Landscape Consultant P.O. Box 1777 Barstow, CA 92312 (619) 252-1194 mis enclosure Harold L. Seigworth 937 Ocotillo Drive Barstow, CA 92311 (619) 252-1194 Credentials: Life Special Secondary for Vocational Agriculture Life General Secondary Education: B S - University of California - Davis 1952 MEd - University of California - Davis 1956 Secondary Admin. Cred. - University of Redlands Agriculture - California State Polytechnic Univ.- Pomona' Agriculture - California Polytechnic State Univ.-:San.Luis Obispo Business - Western Nevada Community College - Fallon, NV Experience: Work / Education & Business 3/90-6/92 - Barstow Unified School District, including; 3/3-6/90 - Alternative Study Program 3/90-6/91- Kennedy Middle School -Opportunity Program 6/91-6/92- Barstow Middle School -Opportunity Program 1 /87-2/90- Real Estate Sales Representative - Fallon, NV 9 /86-1/87- Student - Western Nevada Community College - Fallon, NV 10/85-3/90- Hal Seigworth Distributor (Chemicals & Seed) Fallon, NV 3 /85-8/89- 40 Acre Farm (Alfalfa & Corn) Fallon, NV 1 /79-8/86- Agro Chem Farm Supply; Manager - Fallon, NV 8 /75 -12/78 -Hal Seigworth Dist. (Chemicals & Landscaping) Riverside 8 /53-7/78- Riverside Unified School District - Vocational Agriculture - Arlington H.S., J.W. North H.S., & Polytechnic H.S. Department Head 1 /72-6/73- Riverside Community College - Plant Materials I & II Professional Accomplishments: Community: High School Representative on Agricultural Advisory Panel. Teacher Licensing Commission to establish the BS Equivalency Exam in Agriculture. Past President -California Agriculture Teachers Association. Charter Treasurer -California Association of Vocational Educators, Past President -Riverside City Teachers Association. Superintendent -Flower & Garden Show - Farmers Fair of Riverside Co. -Hemet President -Riverside Co. Jr. Livestock Show (4 times) Honorary American Farmer Degree., Charter President - Fallon Optimist Club Chair - Agriculture Com., Churchill Co. Chamber of Commerce Chair - City Beautiful Com., Riverside Chamber of Commerce Board of Elders, Victoria United Presbyterian Church Board of Ushers, Calvary Presbyterian Church References furnished upon request. L.-'/'L�4AFY THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. Next Resolution No. 93-39 Next Ordinance No. 03(1993) 1. CLOSED SESSION: 5:00 P.M. Litigation - Government Code 54956.9 Personnel - Government Code 54957.6 2. CALL TO ORDER: 6:00 p.m. 3. 4. 5. 6. PLEDGE OF ALLEGIANCE: MAYOR MILLER INVOCATION: Dr. Orthberg of Horizons Community Church ROLL CALL: Councilmen MacBride, Forbing, Werner, Mayor Pro Tem Papen, Mayor Miller SPECIAL PRESENTATIONS, PROCLAMATIONS, ETC. 3.1 Presentation regarding Grand Opening of Metrolink Station in City of Industry SCHEDULE OF FUTURE EVENTS: 4.1 General Plan Public Hearing - June 2, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.2 Traffic & Transportation Commission - June 10, 1993 - AQMD Hearing Room, 21865 E. Copley Dr. 4.3 Planning Commission - June 14, 1993 - 7:00 p.m., 21865 E. Copley Dr. 4.4 City Council Meeting - June 15, 1993 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 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 COUNCIL COMMENTS: Items raised by individual Councilmembers are for Council discussion. Direction may be JUNE 1, 1993 PAGE 2 given at this meeting or the item may be scheduled for action at a future meeting. 7. CONSENT CALENDAR: 6:45 p.m. or earlier - The following items listed on the Consent Calendar are considered routine and are approved by a single motion. 7.1 WARRANT REGISTER - Approve Warrant Register Dated June 1, 1993 in the amount of $556,885.05. 7.2 TREASURER'S REPORT - Receive & file Treasurer's Report for the month of April, 1993. 7.3 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PARTIALLY SUSTAINING AND PARTIALLY APPROVING AN APPEAL OF CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 93-1, AMENDING CONDITIONAL USE PERMIT NO. 492-1, AND DEVELOPMENT REVIEW NO. 92-6, AN APPLICATION TO CONSTRUCT A CHILDREN'S PLAY AREA TO AN EXISTING QUICK SERVICE RESTAURANT IDENTIFIED AS CARL'S JR., LOCATED AT 141 S. DIAMOND BAR BOULEVARD - On May 18, 1993, the City Council reviewed an appeal regarding conditions of approval set forth by the Planning Commission for the construction of a children's outdoor play area with supervisory seating to an existing quick service restaurant located at 141 S. Diamond Bar Boulevard. The City Council directed staff to amend condition (d) and prepare a resolution partially sustaining and partially approving an appeal of conditions of approval for Conditional Use Permit No. 93- 1 and Development Review No. 92-6. Recommended Action: It is recommended that the City Council adopt Resolution No. 93 -XX partially sustaining and partially approving an appeal of conditions of approval for Conditional Use Permit No. 93-1. 7.4 RESOLUTION NO. 93 -XX: RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT NUMBER 93-46 - In order to provide funds for operation and maintenance of street lights which are bounded by Rancheria Rd. and Meadcliff P1., it is necessary to incorporate said street lights into the County LMD 10006 and County Lighting District LLA -1. Recommended Action: Adopt Resolution No. 93 -XX granting consent and jurisdiction to the County of L.A. to annex street lights within said territory. B. OLD BUSINESS: 8.1 LANDSCAPING ALONG PROPOSED METAL BEAM GUARD RAILING ON NORTHERLY SIDE OF GRAND AVENUE - On May 18, 1993, JUNE 1, 1993 PAGE 3 Council directed staff to prepare a landscaping plan to mitigate the visual effect of the proposed metal beam guard railing along the northerly side of Grand Ave. Recommended Action: Direct staff on the choice of landscaping options and limit the construction of guardrails to no ore than 2,000 lineal feet. 8.2 AWARD OF CONTRACT FOR DESIGN OF MEDIAN ISLANDS AT GONA CT. TO WESTERLY CITY LIMITS - To provide a uniform landscaping theme along Golden Springs Drive, medians are being proposed between Gona Court and the westerly City limits as part of the Landscaping Assessment District #38 improvements for Fiscal Year 1993-94. In order to ensure that the construction of those medians can be coordinated with the Golden Springs Drive reconstruction/ rehabilitation, staff initiated a verbal request for proposal to procure an engineering firm for design services of the median islands. Staff has received and evaluated (5) proposals for the design services of subject project. Recommended Action: It is recommended that the City Council 1) award a design services contract to DGA Consultants, Inc. for the Golden Springs Drive medians between Gona Court and the westerly city limits; 2) direct staff to negotiate the contract with an amount not to exceed $29,343.00 and 3) authorize a contingency amount of $7,500 to address contract changes that may be necessary from the City's perspective. 8.3 ENVIRONMENTAL ENHANCEMENT PROJECT - TERMINATION OF CONTRACT WITH CALIFORNIA CORPS - On January 19, 1993, the City awarded a contract to the CCC to install irrigation and planting materials along the Route 60 Freeway. Due to a constant turnover of CCC workers, progress on the project has been slow. At the current rate, it will take two years to complete. Unfortunately, due to time limits imposed by the State of California on the grant that funds this project, it must be completed by January 1994 for the City to be reimbursed for costs. In order to terminate the contract with the CCC, a 60 -day notice is required. Recommended Action: It is recommended that the City Council terminate the agreement with the CCC and issue a 60 -day notice of termination. 9. NEW BUSINESS: 9.1 REPORT ON STATUS OF FISCAL YEAR 1993-94 BUDGET - Verbal and video presentation of the status of the FY 93-94 municipal budget and the impacts of the State budget on City services. JUNE 1, 1993 PAGE 4 9.2 REPORT ON CALIFORNIA CONTRACT CITIES CONFERENCE 9.3 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE RELEASE OF AN RFP FOR LANDSCAPE ARCHITECT SERVICES FOR THE WATER EFFICIENT LANDSCAPE REGULATIONS - The City Council has adopted Water Efficient Landscape Regulations (Resolution No. 92-66) as required by AB 325. The regulations require a qualified Landscape Architect to review development landscape plans. The regulations establish specific criteria for approval of landscape and irrigation plans. In order for landscape and irrigation plans to be approved, they must satisfy the point system criteria of the regulations. The RFP would provide a landscape architect available to the City for review of landscape plans on an "as needed" basis. In addition, the Architect could be utilized for park modifications to insure compliance with the Americans with Disability Act (ADA), median and planting designs. Recommended Action: Adopt Resolution No. 93 -XX authorizing the release of an RFP for Landscape Architect services for the water efficient landscape regulations. 9.4 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION OF IRRIGATION SYSTEM AND PLANTING OF TREES ALONG ROUTE 60 FREEWAY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - If the contract with the California Conservation Corps is terminated, it will be necessary to obtain a contractor to complete the Environmental Enhancement Route 60 Freeway Project. It is expected that a contractor can be obtained through the bid process within 60 days and the project can be completed within 120 days after that. Anticipated completion date is November 30, 1993, well within the January 1994 deadline. Recommended Action: It is recommended that the City Council adopt Resolution No. 93 -XX approving the plans and specifications for installation of irrigation system and planting along Rte. 60 Freeway. 9.5 AWARD OF CONTRACT FOR INSPECTION SERVICES FOR THE ENVIRONMENTAL ENHANCEMENT ROUTE 60 FREEWAY PROJECT - Work completed by a contractor in the CalTrans right-of-way must be inspected by an authorized CalTrans inspector to insure that work is being completed according to CalTrans standards. Jack Thompson, a retired CalTrans Inspector, has submitted a proposal to serve as the Inspector for the Environmental Enhancement Route 60 Freeway Project. Mr. Thompson's resume is attached to the staff report and reflects 33 years of experience in landscape inspection and management, making him very well qualified to service this contract. JUNE 1, 1993 10. 11. PAGE 5 Recommended Action: It is recommended that the City Council award a contract to Jack Thompson for inspection services at the rate of $40 per hour, for a total not to exceed $35,000. 9.6 AWARD OF CONTRACT FOR SUPERVISION AND TRAINING OF CCC CREWS FOR THE ENVIRONMENTAL ENHANCEMENT ROUTE 60 FREEWAY PROJECT - If the contract with CCC is terminated, they will have 60 days to complete the Grand Avenue Interchange and Peterson Park turf area tree planting portions of the Environmental Enhancement Route 60 Freeway Project. It will be necessary to have an irrigation and horticultural expert on site to train and supervise the CCC crews to insure the proper installation of the irrigation system and planting of the trees. Mr. Harold Siegworth has twenty-five years experience in teaching landscape and irrigation installation and is well qualified to supervise and train the CCC crews for the remainder of their participation in this project. Recommended Action: It is recommended that the City Council award a contract to Harold Siegworth for the supervision and training of CCC crews for the Environmental Enhancement Route 60 Freeway Project at the rate of $40 per hour, for a total not to exceed $9,999. ANNOUNCEMENTS: ADJOURNMENT: