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08/02/1994
cit'19 CO UY, Cl AGENDA Tuesday, August 2, 1994 7:00 P.M. ' 4 South Coast Air Quality Management District Auditorium 21865 East Copley'Drive Diamond Bar, California Mayor Mayor Pro Tem Council Member Council Member Council Member City Manager Interim City Attorney City Clerk Gary H. Werner Clair W. Harmony Eileen R. Ansari Phyllis E. Papen Gary G. Miller Terrence L. Belanger Michael Montgomery Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are availablefor public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Iil 1�11111N I�.II: Please refrain from smoking, eating or drinking in the Council Chambers. >100 The City of Diamond Bar uses recycled paper and encourages you to do the same. MISSION STATEMENT The City Council meeting is the forum established to conduct the business of the City of Diamond Bar, its citizens, property owners, and businesses. The City Council has chosen to conduct its business meetings in a televised, open forum. This has been done to assure that all community members are kept informed as to the status of City business. It is the Council's objective to conclude the business stated on the evening's agenda by a reasonable hour, which is 11:00 p.m. To accomplish tonight's objectives, the City Council requests that: 1. Public comments may be directed to Consent Calendar items or matters of interest to the public, which are not on this evening's agenda. 2. Public comments on scheduled matters will be heard in conjunction with the respective agendized subject. 3. There are to be no personal attacks toward individual members of the City Council. Such comments are viewed as personal attacks against the entire City Council and will not be tolerated. 4. There are to be no personal attacks from an individual Council member. Such are viewed as personal attacks from the entire City Council, which are not conducive to a positive business meeting environment; and, will not be tolerated. The Diamond Bar City Council appy iates your cooperation. Gar F. Werner, Mayor 7 Clair W. Harmony Phyllis E. Papen Mayor Pro Tem t Council o Ic ,:� Lcc Eileen R. Ansari r G. Mill Councilwoman Councilman 1. 2. Next Resolution No. 94-37 Next Ordinance No. 3 (1994 ) CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: Council Members Ansari, Papen, Mayor Pro Tem Harmony and Mayor Werner SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES - Miller, 2.1 Proclaiming August 1 - 7, 1994 as "Breastfeeding Week." 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a Speaker's Card and aive it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressina the City Council. 4. COUNCIL COMMENTS: Items raised by individual Council - members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERT IN THE PARK - August 3, 1994 - 6:30 - 8:00 p.m., Mike Gaeler & Euphoria - Contemporary Jazz - Sycamore Canyon Park, 22930 Golden Springs Rd. 5.2 PLANNING COMMISSION MEETING - August 8, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CONCERT IN THE PARK - August 10, 1994, 6:30 - 8:00 p.m., Pandemonium - Steel Drum - Sycamore Canyon Park, 22930 Golden Springs Rd. 5.4 TRAFFIC & TRANSPORTATION COMMISSION - August 11, 1994 - 6:30 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - August 16, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 VOUCHER REGISTER - Approve Voucher Register dated August 2, 1994 in the amount of $557,392.88. Requested by: City Manager AUGUST 2, 1994 PAGE 2 6.2 NOTICE OF COMPLETION FOR CONSTRUCTION/MODIFICATION OF HANDICAP ACCESS RAMPS - At their meeting of May 17, 1994, the Council awarded a contract to Perry Maness Industries, Inc. for construction of handicap access ramps in the amount of $28,805 with a contingency of $3,500. Work has been completed and is determined to be in accordance with approved plans and specifications. Recommended Action: Accept work completed by Perry Maness Industries, Inc., and authorize the City Clerk to file the Notice of Completion and release any retention amounts. Requested by: City Engineer 6.3 RELEASE OF GRADING CASH BONDS POSTED FOR BURGER KING AT 627 S. GRAND AVE. - The City desires to release cash bonds in the amount of $12,000 for grading of Burger King located at 527 S. Grand Ave. Recommended Action: It is recommended that the City Council approve and accept work completed and release the cash bonds in the amount of $2,700, Acct. No. 23462-00048 and $9,300 Acct. No. 23467-00083 and direct the City Clerk to notify the principals. Requested by: City Engineer 6.4 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE DIAMOND BAR BOULEVARD RECONSTRUCTION/REHABILITATION PROJECT, BETWEEN GRAND AVENUE TO BREA CANYON ROAD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - Diamond Bar Blvd. between Grand Ave. and Brea Canyon Rd. is in need of pavement rehabilitation and/or reconstruction. Existing pavement on Diamond Bar Blvd. has been analyzed and evaluated in order to determine the most practical and economical approach for roadway improvements. Based on the findings of the pavement evaluation, plans and specifications have been prepared. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX and authorize the City Clerk to advertise for bids. Requested by: City Engineer 6.5 TEMPORARY SERVICES FOR FINANCE - The City's Finance Department currently consists of three staff members whose positions are Accounting Manager, Senior Accountant and Account Clerk (3/4 -time). The Senior Accountant and the Account Clerk will both be needing maternity leave beginning August 12, 1994. It is, therefore, necessary to hire temporary personnel during the absence of both AUGUST 2, 1994 PAGE 3 staff members. Recommended Action: It is recommended that the City Council approve a contract with Accountants Overload for temporary services for the Account Clerk position at an estimated cost of $6,500. It is further recommended that the City Council approve a contract with Moreland & Associates for the Senior Accountant position at an estimated cost of $15,200. The total amount requested is $21,700. Requested by: City Manager 6.6 AWARD OF CONTRACT FOR OFFICE SUPPLIES - The City has, on occasion, sent informal bid packages out to various supply companies to review pricing on items that are most frequently used. In early July 1994, the City sent out thirteen (13) informal bid packages to various suppliers. The bid list encompassed approximately 116 products that the City uses on a regular basis. Recommended Action: After reviewing informal proposals from seven (7) supply companies, it is recommended that the City establish an open Purchase Order in the amount of $15,000 with Eastman Office Products for purchase of general office supplies for FY 1994-95. The opening of a purchase order will not mean the purchase of supplies will be exclusively with Eastman; however, the majority of everyday "consumable" products will be purchased from this vendor. Requested by: City Manager 6.7 CONTRACT EXTENSIONS - 6.7.1 ASSESSMENT DISTRICT MAINTENANCE NOS. 38, 39 AND 41 - On May 21, 1991, the City Council awarded contracts for maintenance of LAD Nos. 38, 39 and 41. Two contracts were awarded to Accurate Landscape & Maintenance Corp. and one was awarded to Landscape West. Accurate Landscape was chosen to maintain District Nos. 38 and 39, in the amounts of $37,200 and $66,000 respectfully. Landscape West was chosen to maintain District No. 41, in the amount of $37,200. Each contract allows for Council approval to extend annually and each have been previously extended twice, with C.P.I. adjustments of 3.6% for FY 1992/93 and 3.9% for FY 1993/94. Two change orders plus the two C.P.I. adjustments have resulted in the following contract totals for each: District No. 38, Accurate Landscape & Maint. Corp. - $43,785.63; District No. 39, Accurate Landscape & Maint. Corp. - $71,042.66; and AUGUST 2, 1994 PAGE 4 District No. 41, Landscape West, Inc. - $40,042.23. Both Accurate and Landscape West have agreed to forego a C.P.I. adjustment for FY 1994-95. Recommended Action: It is recommended that the City Council approve extension of the two contracts with Accurate Landscape & Maintenance Corp. for Maintenance District No. 38 in the amount of $43,785.63 and District No. 39 in the amount of $71,042.66 and one contract with Landscape West, Inc. for Maintenance District No. 41 in the amount of $40,042.23 and authorize the Mayor to sign Letters of Agreement; further, direct staff to prepare new specifications for maintenance of each district for bid within the next six months. Requested by: Community Services Director 6.7.2 ACCURATE LANDSCAPE & MAINTENANCE CORP. FOR MAINTENANCE OF 8 CITY PARKS - On June 15, 1993, the City Council awarded a contract to Accurate Landscape & Maintenance Corp. in the amount of $102,600 for maintenance of eight (8) City parks. The contract allows for Council to extend the contract annually with a C.P.I. adjustment on the extension; however, Accurate Landscape has agreed to forego this adjustment. This company has proven to be excellent at completing the detailed work that the specifications require under the terms of the contract. Recommended Action: It is recommended that the City Council approve extension of the contract with Accurate Landscape & Maintenance Corp. for maintenance of 8 City parks for FY 94-95 in an amount not to exceed $102,600; further, it is recommended that the Mayor be authorized to sign the Letter of Agreement. Requested by: Community Services Director 6.7.3 WEED CONTROL/SIDEWALK AND PARKWAY MAINTENANCE - On September 21, 1993, the Council awarded a contract to Landscape West, Inc. for $54,742, for city-wide weed control/sidewalk and parkway maintenance. The contract allows Council to extend the contract annually and Landscape West, Inc. has proven that they can satisfactorily perform the specifications of the contract. Staff feels the annual cost for this service of $54,742 is very competitive. AUGUST 2, 1994 PAGE 5 Recommended Action: It is recommended that the City Council approve extension of the contract with Landscape West, inc. for weed control/ sidewalk and parkway maintenance for FY 1994/95 in an amount not to exceed $54,742 and authorize the Mayor to sign the Letter Agreement. Requested by: Community Services Director 6.7.4 GRAFFITI REMOVAL - On May 18, 1993 meeting, the Council awarded a contract to Graffiti Control Systems, Inc. in the amount of $16,590 ($30 per site), for supplemental graffiti removal through June 30, 1994. The contract allows the Council to extend the contract annually and adjust the quantity of work to serve the best interest of the City. There is $30,000 budgeted in 1994/95 fiscal year for graffiti removal. Limiting the contract with Graffiti Control Systems to a maximum of $20,000 will allow for graffiti removal by the San Gabriel Valley Boys Club up to a maximum of $10,000. Recommended Action: It is recommended that the City Council approve extension of the contract with Graffiti Control Systems for graffiti removal for FY 94-95 in an amount not to exceed $20,000 and authorize the Mayor to sign the Letter of Agreement. Requested by: Community Services Director 6.8 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RESTRICTING VEHICLE PARKING ON THE EAST SIDE OF BREA CANYON ROAD NORTH OF LYCOMING STREET AND ON LYCOMING STREET EAST OF BREA CANYON ROAD - Residents of the Windwood Condominiums have asked the City to restrict parking in the vicinity of Brea Canyon Rd. and Lycoming based on the need to abate/eliminate noise generated by trucks parked along the easterly side of Brea Canyon Rd. between Lycoming St. and Washington and on Lycoming St. between Brea Canyon Rd. and Silver Fir Rd. The trucks utilize these streets in order to access the AM/PM market at the northeast corner of Brea Canyon Rd. and Lycoming. The Traffic & Transportation Commission discussed this matter on July 14, 1994. Representatives of both Windwood Condominiums and AM/PM market have been invited to attend this meeting. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX entitled: A RESOLUTION OF THE CITY OF DIAMOND BAR RESTRICTING VEHICLE PARKING ON THE EAST SIDE OF BREA CANYON ROAD NORTH OF LYCOMING AUGUST 2, 1994 PAGE 6 STREET AND ON LYCOMING STREET EAST OF BREA CANYON ROAD. Requested by: City Engineer 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 DEVELOPMENT AGREEMENT NO. 92-2, VESTING TENTATIVE TRACT MAP NO. 32400, CONDITIONAL USE PERMIT NO. 91-5 AND OAK TREE PERMIT NO. 91-2; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 (APPLICANT: ARCIERO & SONS, INC.) - On July 5, 1994, the Council approved the applicant's 91 unit project in concept. Council directed the preparation of environmental findings, project conditions and appropriate resolutions for subsequent review and f inal action. Several project issues are unresolved. The applicant has requested that discussion of his project be continued from August 2, 1994 meeting to August 16, 1994. Recommended Action: It is recommended that the City Council continue Vesting Tentative Tract No. 32400 and its related applications to August 16, 1994. Requested by: Community Development Director 8.2 APPROVAL OF TRACT MAP NO. 47851 LOCATED EASTERLY OF WAGON TRAIN LANE -OAK KNOLL DRIVE, ET AL., IN "THE COUNTRY" - This project provides for subdivision of 60 acres into a 48 lot single-family residential development. Lots will range in size from .5 gross acres over 10 gross acres. The map has been submitted for a final tract map approval. Consideration of this matter was continued from July 19, 1994. Recommended Action: It is recommended that the City Counc i 1 (1) find the attached final map for Tract No. 47851 is in substantial compliance with the conditionally -approved vesting tentative map and approve said map; abandoning certain prior offers of dedication an easements now shown, rejecting certain offers and accepting on behalf of the public easements and rights offered all as provided thereon; (2) authorize the Mayor to execute the Subdivision Agreement, Tri -party Agreement (Subdivision, Walnut Valley Water District and City), and bonds on behalf of the City; (3) authorize the City Engineer to sign the map; and (4) direct the City Clerk to sign as provided thereon and process the map for recordation by the County Clerk. Requested by: City Engineer 8.3 PROPOSED LOS ANGELES COUNTY COMMUNITY FACILITIES DISTRICT FOR LIBRARY SERVICES - The County submitted a proposal AUGUST 2, 1994 PAGE 7 to establish a community facilities district and to collect charges for supplemented finances for library services. The proposed district would be authorized under the Mello Roos Act of 1982. It is estimated a parcel tax of $30/year per parcel would be established to raise additional monies to fully fund the L.A. County library system. The Community Facilities District proposal would require each City to consent to be included in the District. Recommended Action: It is recommended that the City Council discuss the establishment of a Community Facilities District and direct staff to provide a more complete evaluation of the L.A. County Public Library proposal at its meeting on August 16, 1994. Requested by: City Manager 8.4 DISCUSSION RE: ORDER OF AGENDA ITEMS, BEGINNING TIME FOR REGULAR CITY COUNCIL MEETINGS, AND OTHER ISSUES RELATED TO THE CONDUCT OF CITY COUNCIL MEETINGS - Continued from July 19, 1994. Requested by: City Council 8.5 BROWN ACT - EFFECT UPON CITY COUNCIL, LESS THAN A QUORUM. Recommended Action: It is recommended that the Council modify the existing continuing subject matter committee approach to issue analysis by eliminating that type of less than a quorum committee; and replacing less than a quorum of the Council issue analysis with a specific issue ad hoc committee approach. Requested by: City Manager 8.6 DISCUSSION RE: CITY COUNCIL SUB COMMITTEE ASSIGNMENTS. Requested by: City Manager 8.7 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING NAMES OF COUNCIL MEMBERS - To prohibit placing City Council Members' names on public works construction project signs. Continued from July 19, 1994. Recommended Action: It is recommended that the City Council no longer place names of Council Members on public works construction project signs. Requested by: MPT/Harmony 8.8 DEVELOPMENT AGREEMENT NO. 92-1, VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8 AND OAK TREE PERMIT NO. 92-9, THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 (APPLICANT: RNP AUGUST 2, 1994 9. PAGE 8 DEVELOPMENT, INC.) - Continued from July 5, 1994. This is a request for approval of a mixed use project consist- ing of land uses which include residential, commercial, park and open space. The project site is approximately 78 acres in size and is located north of Pathfinder Rd., west of Brea Canyon Rd., east of Morning Sun Dr. and south of Larkstone Dr. The project proposes to develop 22 acres of commercial retail/office space, 90 single- family detached residential dwelling units, a 28 -acre neighborhood park and facilitate the construction of a middle school. Recommended Action: It is recommended that the Cit Council continue this project to a future meeting date Requested by: Community Development Director NEW BUSINESS: 9.1 PROFESSIONAL SERVICES AGREEMENT WITH CHARLES ABBOTT ASSOCIATES, INC. FOR ENVIRONMENTAL MANAGEMENT SERVICES IN FY 1994-95 - The City retained Charles Abbott Associates, Inc. for professional services relating to administration of the City's solid waste permit system and development and implementation of integrated waste management programs. The agreement expired with the new fiscal year. Because the City continues to need the services of a qualified consultant, a Request for Qualifications (RFQ) was prepared and distributed to a number of firms specializing in environmental management services. In response, three firms submitted proposals. Based on interviews with each firm and evaluations of their proposals, staff believes Charles Abbott Associates, Inc. is the most qualified and cost-effective. Recommended Action: It is recommended that the City Council approve and authorize the Mayor to execute an Agreement with Charles Abbott Associates, Inc., in an amount not to exceed $19,900, for services relating to the administration of the City's solid waste permit and to assist in the coordination of AB 939 activities during FY 1994-95. Requested by: City Manager 9.2 DISCUSSION RE: "POCKET PARK" AT WESTERLY TERMINUS OF SUNSET CROSSING - A request has been made by the MRF Committee to establish a park area at the westerly terminus of Sunset Crossing. Recommended Action: It is recommended that the City Council discuss and direct staff to determine the legality of establishing said "pocket park." AUGUST 2, 1994 PAGE 9 Requested by: C/Ansari 9.3 DISCUSSION RE: ESTABLISHMENT OF MUNICIPAL CAMPAIGN EXPENDITURE LIMITS. Recommended Action: It is recommended that the City Council discuss and direct staff to determine the legality of establishing such limitations. Requested by: C/Ansari 10. ANNOUNCEMENTS: 11. CLOSED SESSION: May convene to consider: matters of pending Litigation (G.C. 54956.9), Personnel (G.C. 54957.6), or purchase/sale of real property (G.C. 54956.8). Records not available for public inspection. 12. ADJOURNMENT: Date ���'f `?-- Hour To WHILE YOl ? WERE OUT M Of Phone Area Code Phone Number FAX Area Code Phone Number W� Telephoned X Returned Call !kr Left Package Please Call Was In�) Please See Me Will Call Again Will Return Important &AVERY -- REORDER NO 56-226 _. ..�.,... �� Made With Recycled Gaper VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL 'TO /CITY CLERK FRt M: o-' c� (:, �"_ DATE: eq— 2—(?y ADI RESS: 0'-3,041 i4A-- i 1 �� l� brPHONE: ��%S�S`6 � OR, 4ANIZATION: l /o G! c/ C6' Z' / AGE NDA #/SUBJECT: IZ �;—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. u Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK r AGENDA #/SUBJECT: DATE:' J PHONE: U- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature 'TO FROM: ADDRE=SS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK `<�,,:Cr7 DATE: " PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. _----�) __ Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: .CITY CLERK FROM: W I. ! 6 J /" ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: # .3 S 7%e DATE: P" e - 9 PHONE: 0610 7 >' L 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 1, 1 TO: FRC 4: ADC ESS: ORC..NIZATION: AGE` DA #/SUBJECT - -- , - =(J,JEST TO ADDRESS THE CITY COUNCIL _CITY CLERK DATE: OA PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK �� A .e -u ✓� = DATE: 600 /R _ "� v PHONE: AGENDA #/SUBJECT: - ;7 -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. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �- DATE: ADDRESS: PHONE: ORGANIZATION: j AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as'written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: v� J'}1 DATE: ADDRESS: 0,L 341 lce rPHONE: S'` (5 -6 / 8 3 ORGANIZATION: ff AGENDA #/SUBJECT: ` J) 4 wti 014 J 6- ,- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sigixature 79 TO: FROM: ADDRESS: ORGANIZATION VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CI L)<�6--PT ERK J- / y �- l� t� DATE: 02 � ALA 11 0 PHONE: I>Iio,htioAA -�)q2 C10,\4, 4S53c-tAA "� 1 expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT CITY CLERK DATE: PHONE: 2--- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK tJ 1. 16 yr G . 5.•�, ��! zz DATE: c'T - Z - ?,5;" PHONE: 67 `" L 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 U TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK DATE: 2 ?,V 2 1 S �cG elf.(/ 3 �Rlu�t DIS PHONE: AGENDA #/SUBJECT: 012 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. AignaturVZ�i 'TO FRC M: ADC RESS: ORC ANIZATION: VULUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGE ZA #/SUBJECT: CITY CLERK 1E L GATE: PHONE: YbQ �5?l f 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 ARY REQUEST TO ADDRESS THE CITY COUNCIL TO. _CVTY CILERK FRC M: DATE: ADC KESS: le PHONE: D a1 ,�- URC ANIZATION: t AGENDA #/SUBJECT: ✓� . cxJ�c(�y,,L.,�_ ��$.r`�Z -Z I expect to address the Cou riT on the�J agenda item. Please have the Council Minutes raflect my name and address as written above. Signature r� 'r0. FRC M: ADC RESS: OR( ANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #(SUBJECT: CITY CLERK ` DATE: v ' PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature To FR( VI: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL ADI 9E:SS: OR( ANIZATION: AGE'4DA #/SUBJECT - CITY CLERK L DATE: '--07- y Wn PHONE: U te a, 1'�e -)?V,cc-A 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. C c 1 G. J1 p, \'V ' l" C;kk L Signature I JJII .. _� ti ,•�, r REQUEST TO ADDRESS THE CITY COUNCIL �VFJ TO: -CITY C- LERK FRC A: q ' _S'.. -` • �� �.�Gl� DATE: ADC IE'SS:=�: =►T-,,'.'i�� PHONE:�� ORC kNIZATION: AGE DA #/SUBJECT: I expE:,,t to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. 1`—! Signatur ut 1t I IAITAQV CCP]I 1=QT Tn AMNOCCC TW= t'`1Tv e`_n11K1P11 TO f=RC ,M: ADC RE:SS: ORGANIZATION: AGE'ZA #/SUBJECT: CITY CLERK h '� a�JVa�A J '� a tr DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. I I--, Signature CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. Terrence L. Belanger, Manager LCity TO: REPORT DATE: July 15, 1994 MEETING DATE: July 19, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Approval of Tract Map No. 47851 located easterly of Wagon Train Lane -Oak Knoll Drive, et al. in "The Country" . lot This project provides for the subdivision of 60 acre s into BThis smap has been ingle family rsubmi ted esidential SUMMARY: T P Jacres gross acres. development. Lots will range r a in fin ze rom .5 grosstract map approval- 10 g to the City of Diamond Bar find that the attached eCit with the conditionally approved vesting tentative map RECOMMENDATION: It is recommended that the City Council by minute action: ( certain final map of Tract No. 47851 is in substantial compliance2 authorize and approve said map; abandoning certain prior offers of dedication and easements not shown, refecting a pp provided thereon; ( ) offers and accepting on behalf of the public easements and rights offered all as P Walnut Valley Water the Mayor to execute the Subdivision Agreement, Tri -party Agreement (Subdivision, and bonds on behalf and (4) lf of the City; (3) authorize the City Engineer to sign the map; District and City), rocess the map for recordation by the County Recorder. a I rect the City Clerk to sign as provided thereon and p LIST OF ATTACHMENTS: -X StaffRiort ResolOrdinances(s) Agreement(s) _ Public Hearing Notification _ Bid Specifications X Other: Tract Map; Subdivision Bonds & Agreement EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: X Yes No 1. Has the resolution, ordinance or agreement been reviewed — by the City Attorney,.? ? Majority 2. Does the report require a majority or 4/5 vote. _ Yes X No 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? No Which Commission? X Yes — 5. Are other departments affected by the report? Department, Fire Department Report discussed with the following affected departments: Planning REVIEWED BY: City Manager C:N WP60\LINDAKAY\AG1:ND-9\T4785ITM.719 ,5,,,George A. Wen Interim City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: July 19, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Final Map - Tract No. 47851 ISSUE STATEMENT: the royal of final map of Tract No. 47851 located easterly residenh'al development Oak This matter requestspp This project is a 48 lot single family Knoll Drive et al. in "The Country" P J acre site. RECOMMENDATION: of Tract No. find that the attached final map roved vesting tentative map and approve said map; It is recommended that the City Council by minute action: (1 tin 47851 is in substantial compliance with the conditionally app certain offers and accepting abandoning certain prior offers of dedication and easements not shown, rejecting regiment, Tri -party others all as p rovided thereon; (2) authorize the Mayor to execute the Subdivision Agreement, (3) authorize g A reement (Subdivider, Walnut Valley Water District andCleryk to certify and process he map for recordation. the City Engineer to sign the map; and (4) direct the City FINANCIAL SUMMARY: Approval of the map will not have any impact on the City's 1994-95 Budget. BACKGROUND: Vesting Tentative Tract Map No. 47851 was conditionally approved Lots range in on June 2, 1992 by City Council This ro' ect provides for 48 single family residential lots on a 60 acre site. Resolution 92-33. P J size from 0.5 acres to over 10 acres. DISCUSSION: been reviewed by the City Engineer and is technically correct and conforms substantially The final map has map. All conditions of the tentative map approval required to be performed Prior to to the approved tentative approval of the final map have been satisfied. utility companies and other agencies which are affected by this project, all applicable According to the u y conditions for approval of this project have been met. Final Map - Tract No. 47851 July 19, 1994 Page Two 19 are noted on the map as a restricted use area and the right to prohibit the erection of All of Lots 18 and as easements for open space purposes are buildings and structures is dedicated. Areas designated on the map line Trails Extension (Schabarum) to buildings reserved in other documents as private open space. Portions of the Skyline u ses along a more bridal and hiking trail are abandoned in favor of the offer to dedicate a trail for like p serviceable alignment through the project• nt between the Subdivider, Walnut included subdivision agreement provides for the construction of allcepublic improvements within 1 year an The rety Walnut Valley performance of such is secured by es the Cts the authority ° direct , should it be necessary, Valley Water District and the City g' Y District is to install water system improvements. A $41,750 negotiable bond, to secure the setting Of Water Distn subdivision monuments, is also being provided to the City. Prepared By: George A Wentz Interim City Engineer C: \W P60\LINDAKAY\CCR-94\T4"51TM."9 SUBDIVISION AGREEMENT Vesting Tentative Tract No.47851/Final Tract No.47851 THIS AGREEMENT is entered into as of this day of , 1994, by and between DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP (hereinafter refaerirud to al "Subdivider") and the CITY OF DIAMOND BAR, corporation (hereinafter referred to as "City"). A. Recitals.roved a Vesting (i) There has been previously a pp Tentative Tract Map for Tract No. 47851 in the City of Diamond Bar. of a Final Map (ii) Subdivider seeks approval covering all of the area of Tract No. Tent tive Tract No. 47851 and bearing the ref B. Agreement. It is agreed by and between the parties hereto a follows: 1, In consideration of City's approval of Tentative Subdivision Tract Map No.47851 and filing of Final Tract Noit will, . that 47851, Subdividecoand expense, Subdivider makeaareallthe improvements Subdivider's sol upon and in connection with said Tract in accordance wlas plans and specifications therefor on file with 7 y sheets) follows: (a.)Grading Plans for Tract No. 47851er prepared by Hunsaker and Associates San CDiego 42Inc. dated supervision of Gregory E. Gallagher, 7/1/93 and approved 11/12/93; (b.)Storm Drain Improvement Plans for Tract 47851 (5 sheets) prepared by Hunsaker anA. d Associates San Diego Inc. under supervision Ved f David 4/26/94; Hammar, R.C.E. 34757, dated 3/8/94 and app 7 sheets) (c.)Street Improvement Plans for Tract 47851Inc• under prepared by Hunsaker and Associates R.C.E.34 Diego dated 3/8/94 supervision of David A. Hammar,No. and approved 4/19/94; (d.)Sanitary Sewer Plans P.C. DB -93-002 for Tract 47851 (4 sheets/8 pages) prepared by Hunsaker and Associates San Diego Inc. under supervision of David A. Hammar, R.C.E. 34757, undated and approved 5/24/94; (e.)Sewer Lift Station Plans for Tract 47851 4 sheets) ion prepared by David Evans and Associates dated under s 3e asmay ry of Cornelius J. Gantney, R.C.E. 34674, (/93, as may be revised and approved by the City Engineer; . by tic Water Distribution System improvement plans prepared Walnut Valley Water District under supervipproved 4/8/94; Ingalsbe, R.C.E. 10244, dated 4/7/94 and a Pand Irrigation Plan prepared by Craig Weber & (g')lantin groved rporated Associates, undated and app 10/1/93 all incoand in accordance with herein and made a part hereof; (h.)Reclaimed Water Distribution System improvement plans to alnut be prepared and approved by the City Engineer and the by Valley Water District; and including all matters req in . on and council Of the Planning Commvarious tees Citto approval ofysaid connection with the Tentative Tract No. 47851. Subdivider agrees that all boundary monuments shown on the final map to be set will be set and survey notes thereof submitted to the City Engineer. Subdivider also undertakes and agrees upon the same consideration to comply with all ordinances and regulations of it of City, and to do all other and further acts req uiredpursuant to this Agreement. Subdivider agrees in connection therewith to pay or cause to be paid all amounts becoming due ri o cont cto s , subcontractors, and persons renting equipment labor or materials to the foregoing Final Map with respect to or o Subdividerwith t such improvements, thatals c i provementshalltbe Subdivider agrees constructed and completed EngineerrandCin accordance with any as determined by Y and in applicable conditions as hereinabove referred of rredAgreement. accordance with the remaining provisions In case of any dispute, the good faith judgment of the City Engineer shall be final and binding upon the parties. t all the ork 2. Subdivider undertakes of d boundary rees th monuments wand of improvement and setting furnish -ig of survey shall be completed within 365 days from the date of thisAgreement. to comply with any of the 3. Should Subdivider fail terms or provisions of this Agreement, Subdivider shall be liable to City ork or for the reasonable value of anye formed improvements not completed rorfimpuoeerleidyn shalor l give to In the event of any Subdivider written notice thereof. Unless the work or improvements covered ve abe saidcommnotice, including defective work and improvements,da s of the date of said by Subdivider within fifteen (15) d to completion, City may at notice and diligently p its option:he value of (a) Collect from Subdivider t doneasand 1performed tby work and improvements 2 Subdivider, to be measured by the anticipated costs and expenses of completing the same; or (b) City may complete said work and improvements not so completed by Subdivider and collect its costs and expenses in completing the same; or (c) city may as ame ° above,oanduas to the ch work Tremain der under proceed under remedy ( ) remedy (b) above. City may change it's election of any option prior to the trial of any lawsuit, and prior thereto, no election of remedies shall be binding upon City. In either event, there shall be included in said "costs and expenses", reasonable overhead expenses of the City. In addition to the foregoing, Subdivider shall be liable to City for reasonable attorneigs' fees and court costs ations of Subdivider under this Agreemd by entn enforcing the obligations 4. Subdivider shall provide bonds, or similar instruments, from an approved corporate surety, satisfactory to City in the following amounts and for the following purposes: A.) a.) A surety bond in the amount of $913,743.00 din as security guaranteeing construction of all grading improvements as req andel 11 underperformance of all the hereinabove described, P terms of this Agreement; in the amount of $456.872., hi b.) A surety bond s as security guaranteeing payment to the contractor, subcontractor (s) and to persons renting equipment or furnishing labor or materials to them with respect to said improvements; B•)000.00 a.) A surety bond in the amount of $1,833, as security guaranteeing construction of all storm drain, street, sanitary sewer and sanitary sewer lift station improvements as required under sectio b through B.l.e inclusive, hereinabove described, and full performance of all the terms of this Agreement; b). A surety bond in the amount of $916,500.00his as security guaranteeing payment to the contractor, subcontractors) and to persons renting equipment or furnishing labor or materials to them with respect to said improvements; LO 16-1'500 '90c.) a.) A surety bond in the amount of $ as security guaranteeing payment for construction of all 3 domestic water system improvements as required under section B.l.f, hereinabove described, and full performance of all the terms of this Agreement; -$93,j,gp.00 b.) A surety bond in the amount of $ "8 d" as security guaranteeing payment to the contractor, his subcontractors) and to persons renting equipment or furnishing labor or materials to them with respect to said improvements; D.) a.) A surety bond in the amount of $328,000.00 as security guaranteeing construction of all planting and irrigation improvements as required under section B.l.g, hereinabove described, and full performance of all the terms of this Agreement; b.) A surety bond in the amount of $164,000-00 as security guaranteeing payment to the contractor, his subcontractor(s) and to persons renting equipment or furnishing labor or materials to them with respect to said improvements; E.) 2co�c.cn a.) A surety bond in the amount of $ as security guaranteeing design, preparation of •plans and construction of all reclaimed water system improvements as required under section B.l.h, hereinabove described, and full performance of all the terms of this Agreement; #loci m b.) A surety bond in the amount of $ as security guaranteeing payment to the contractor, his subcontractors) and to persons renting equipment or furnishing labor or materials to them with respect to said improvements; F.) a.) A negotiable bond in the amount of $41,750.00 as security guaranteeing payment of the cost of setting survey monuments not set at the time of recording of the final map. 5. Acceptance of any work or improvements by City shall not constitute an acknowledgment by City that the same are properly done or performed, except as to any items or matters readily apparent from an inspection thereof. Except as to such matters so readily apparent, Subdivider shall repair any defects which occur in the work of improvements within one (1) year following acceptance by City. As a condition precedent to the acceptance of the improvements hereunder as being complete, and prior to the 4 release of any bonds required under paragraph 4, hereof, securing the faithful performance of Subdivider's obligations hereunder, Subdivider shall give a bond, or similar instrument, from an approved corporate surety satisfactory to City in the amount of $787,500.00 as a guarantee and warranty of the work, for a one(1) year period following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. 6. All notices to Subdivider may be sent to: 3480 Torrance Blvd., Ste. 300 Address Torrance CA 90503 State zip or at such other address of which City shall actually receive notice in writing specifically calling attention to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. DIAMOND BAR EAST PARTNERS, A California Limited Partnership BY AOPresident Gregor Del O TITLE By Secretary Kurt Nelson TITLE CITY OF DIAMOND BAR, a municipal corporation By Mayor Approved as to Form:` City Attorney 5 Attest By City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County Of LOS ANGELES On JULY 8, 1994 before me, PATTY GARVEY, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER - E.G, 'JANE DOE, NOTARY PUBLIC" personally appeared GREG DELGADO & KURT NELSON NAME(S) OF SIGNER(S) No 5907 ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their a PAmGARVEv signatures) on the instrument the person(s), ,f 0 4Z Z NotCOMM. 1002728 10c is or the entity upon behalf of which the t LOS ANGELES COUNTY person(s) acted, executed the instrument. My Comm. Expires AUG 22. 1997 WITNESS my hand and official seal. I' (WIkKA - OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER � TITLE(S) { ❑ PARTNER(S) ❑ LIMITED GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P O Box 7184 • Canoga Park, CA 91309-7184 Tri -Party Agreement Concerning Domestic Water System Tract 47851 This Agreement is entered into this /3f� day of July, 1994, by and between the City of Diamond Bar, ("City") Diamond Bar East Partners, ("Subdivider") and Walnut Valley Water District ("District"), concerning that certain subdivision known as Vesting Tentative Tract No. 47851 ("Subdivision"), and the Domestic Water Distribution System ("Domestic Water System") required as a condition thereof. R E C I T A L S I. Subdivider has entered into a Subdivision Agreement with the City concerning Subdivision improvements, the terms of which provide that (i) Subdivider shall cause to be constructed a Domestic Water System in accordance with plans prepared by District and; (ii) that completion of construction of said system shall be guaranteed to the City through Subdivider's provision of surety bonds or other instruments of guarantee, in amount sufficient to enable the City to complete improvements should Subdivider default. II. District policy requires that District shall design and construct said Domestic Water System, and District prepared an original estimate which projected costs of; (i) $189,656.00 for "indirect costs" (engineering, administrative costs, supply, capacity, etc.); (ii) $150,000.00 for labor and; (iii) $128,980 for materials, for a total estimate of $468,636.00. District has since accepted a bid of $86,249.12 for materials, adjusting the total estimate to $425,905.12. III. Subdivider has paid in full the sum of $189,656.00 for indirect system costs, and has sufficient acreage credits to completely pay the cost of materials, leaving only the projected $150,000.00 in labor to complete the Domestic Water System. IV. Subdivider wishes to provide City with a surety bond in an amount which reflects the above referenced payments and credits, and City wishes to have sufficient guarantee that it will retain the benefit of same, so that such bond will be sufficient to enable it to complete system improvements in the event of Subdivider's default. Now Therefore, the Parties agree as follows: A. Subdivider shall provide and City shall accept a surety bond guaranteeing completion of the Domestic Water System in the amount of $187,500.00, being the projected $150,000 remaining projected costs plus 25 percent contingency factor. B. District and Subdivider agree that in the event of Subdivider's failure to cause completion of the Domestic Water System in accordance with the terms of the Subdivision Agreement, the City shall have the benefit of Subdivider's payments and credits outlined in Recital paragraph III hereof, and District shall, upon City's direction, complete construction of the system improvements, subject only to payment of remaining costs to complete as set forth herein. C. Subdivider agrees that in the event that District's accepted bid for remaining labor costs should exceed the $150,000.00 projection by more than 25 percent, Subdivider shall either promptly pay such overage, or deliver to City an additional bond or other surety instrument sufficient to guarantee that additional sum. IN WITNESS WHEREOF, the parties have executed this agreement upon the date and year first written above. DIAMOND BAR EAST PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP By Diamond yidge East Management Co., General Partner Grego Delgad , Pre ' ent Kur elson, ecreta y CITY OF DIAMOND BAR, A MUNICIPAL CORPORATION ayor Attest By City Clerk WALNUT VALLEY WATER DISTRICT �O- D,r of P/ci&1&11W1 pro,Pcfs VESTING TENTATIVE TRACT NO. 47851 7/22/94 CONDITION{COUNCIL RESO 92-33 (b) FIRS DEPARTMENT REQUIREMENTS: 7] STATUS 1. Provide and locate water mains, fire hydrants, and fire flows Plans approved by WVWD & condition as required by Fire Department and Fire City Engineer. satisfied Code. 2. Emergency secondary access shall be provided in Secondary access applies N/A accordance with Fire Protection District Standards only to proposed Tract and approved bv the City Engineer. 47850 per J. DeStefano 3. Fire Department access shall be extended to within memo. Reviewed with Site at 150 feet distance of any portion of structure to be Developmenttime Plans. tme of built. Map 4. Access shall comply with Section 10.207 of the Fire Reviewed with Site a val t Code (all weather access). Development Plans. timeAof Requires all-weather Map access to buildings approval 5. Driveways shall include, as necessary, turnarounds suitable for fire protection equipment use and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use 6. All required fire hydrants 4iall be installed, tested and accepted prior to construction of on-site improvements. vehicular access must be provided and maintained serviceable throughout construction. 7. All hydrants shall be brass or bronze and conform to current AWWA standard C503 or approved equal. All hydrants shall be installed a minimum of 25' from a structure or protected by a two (2) hour fire wall. Reviewed with Site Condition Development Plans. Access satisfied approved as shown on map; see Fire Dept clearance letter 7/14/94. Plans approved by wvwD & N/a at City Engineer; time of construction guaranteed in Map subdivision agreement approval (secured by surety bond). sans approved by wvwD & Condition ity Engineer. satisfied Page 1 CONDITION COMMENTS STATUS (C) ]ENGINEERING REQUIREMENTS: 1. All easements existing prior to final Noted. See Stewart Title Condition map approval must be identified. If Co preliminary title satisfied an easement is blanket or indeterminate in nature, a ireport dated 6/20/94; see map. statement to that effect must be shown on the final map in lieu of its location. 2. A title report/guarantee showing Stewart Title Co Condition all fee owners and interest holders Preliminary Subdivision satisfied must be submitted when a final map is Guarantee dated 7/18/94. submitted for plan check. The account shall remain open until the final map is filed with the County Recorder. An updated title report/ guarantee must be submitted ten (10) working days prior to final map approval. 3. Applicant shall submit to the City Engineer the total Cost estimate approved. Condition cost estimate for bonding Bond amounts contained in satisfied purposes of all public agreement; bonds given to improvements, prior to approval of City. the final map. 4. Applicant shall submit recorded documents indicating the See TADCO agreement which Condition project will have proper/adequate right -of -entry guarantees access to this satisfied to the subject site from "The property. Country". 5. Thetract shall be annexed to Landscape Maintenance District 38. Property is now in LMD 38; Condition upon recordation LA Co satisfied Assessor will recognize new parcels ($15/Parcel/Yr). 6. New centerline ties shall be Also, this is required in N/a at submitted to the City Engineer for City subdivision code and time of approval in accordance with City guaranteed in subdivision Map Standards, prior to issuance of building agreement (secured by cash approval permits. bond). 7. New boundary monuments shall be Boundary monumented i.a.w. Condition set in accordance with the State Subdivision Map Act. All monuments satisfied Map Act and subject to 'oto be set" are assured to approval by the city Engineer. be set by statement of surveyor on map, state law and guaranteed in subdivision agreement (secured by cash bond). See map. Page 2 CONDITION COMMENTS STATUS 8. If any required public See subdivision agreement Condition improvements have not been completed by Applicant (secured by surety bonds). satisfied and accepted by the City prior to the approval of the final map, Applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 9. All site grading, landscaping, irrigation, street improvement, Grading approved 11/12/93 condition sewer and storm drain improvement L/S&I approved 10/1/93 satisfied plans shall be ST approved 4/19/94 approved by the City S/S approved 5/24/94 Engineer prior to final map approval. S/D approved 4/26/94 10. Street names shall be submitted for City review Names approved as shown on Condition and approval prior to final map. satisfied approval of the final map. Street names shall not duplicate existing streets within the City of Diamond Bar'sstal service zipcode areas. 11. House numbering plans shall be Noted. N/a at approved by the City Engineer prior time of to issuance of building permits. Map 12. The detail drawings and Noted. approval N/a at construction notes shown on the time of submitted plans are conceptual only Map and the approval of this map does not approval constitute approval of said notes. 13. Lot line adjustment between LLA recorded 10/20/93, Condition Tracts 47851 and 48487 shall be Inst. No. 93-2044263. satisfied approved prior to recordation of the final map. 14. Grading of the subject property shall be in Noted; grading plans condition accordance with the Uniform Building Code, City Grading approved. satisfied ordinance 14, (1990) and acceptable grading practices. The precise grading plan shall be in substantial conformance with the grading plan approved as a material part of the Tentative Map. 15. All landslide debris shall be Lots 18 & 19 shown as Condition completely removed prior to fill restricted use and satisfied placement as required by the final building rights dedicated geotechnical report. on map i.a.w. Condition 16. At the time of submittal of the 19. See map. Report dated 3/23/93 Condition 40 -scale grading plan for plan check, prepared by Harrington satisfied a detailed soils and geology report Geotechnical Engineering, shall be submitted to the City Inc. (Don P. Harrington, Engineer for approval and said report PE and J. Stanlev Page 3 CONDITION COBS STATUS shall be prepared by a qualified engineer and/or geologist licensed by the State of California. The report shall address, but not be limited to, the following: (a) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane (except lot 19 which shall be 1.5:1) shall be used in design, projection plane shall have a minimum safety factor of 1.5. (b) All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. (c) soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. (d) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans (e) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. (f) Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. (g) stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. (h) All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base. Schweitzer, RGE); approved 4/7/93 report approved. Condition satisfied Portions of various lots Condition and entirety of Lots 18 & satisfied 19 are shown as restricted use areas on map. Note on map sheet 6 specifies that portions of lots 18 & 19 are subject to geologic hazard. Noted; Report approved. Condition satisfied Noted; Grading Plans Condition approved; rough grading satisfied substantially completed. Noted; Grading plans Condition approved. satisfied oted; Report approved.Condition satisfied d; Report approved. Condition satisfied Noted; rough grading Condition substantially completed; satisfied final as graded report and plan pending. 17. Grading plans shall be prepared Noted; Grading Plans in a 24"X36" format and designed in approved. compliance with the recommendations of the final detailed soils and satisfied Page 4 CONDITION engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the plans. 18. Grading plan(s) must be signed and stamped by registered Geotechnical Engineer and registered Geologist. 19. All identified geologic hazards within the Tentative Tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area". The subdivider shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas on the final map. 20. Surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer prior to final map approval and prior to the issuance of grading permits. 21. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map as approved by the Citf Engineer. 22. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 23. All slope banks in excess of five (5) feet in vertical height shall be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and COMMENTS_ STATUS Plans signed & stamped by Condition J. Stanley Schweitzer, satisfied Geotechnical Engineer and James Evans Geolocrist Lots 18 & 19 are shown in Condition their entirety as satisfied "restricted use" (see map sheet 6). Right to prohibit building is dedicated (see owner's statement, map sheet 1) Surety Bond No 139425 S Condition for Erosion Control and satisfied Dewatering, dated September 30, 1993. -appiicabie areas shown on Condition final map as easement to satisfied be reserved in documents (to H.O.A.) Noted; Grading Plans N/a at approved; rough grading time of completed pending final Map inspection and approval of approval as -graded reports and plan. Noted; Grading and Landscaping Plans approved; rough grading completed pending final inspection and approval of as -graded reports; Landscaping and irrigation construction guaranteed in subdivision agreement Condition sati sf ied Page 5 CONDITION a permanent irrigation system shall be installed. 24. Street improvement plans in a 24"X36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing completion of the public and/ or private street improvements, prior to final map approval 25. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. 26. No street shall exceed a maximum slope of 12%. 27. Construct base and pavement on all streets, access road to pump station, and the emergency access road to southerly property line in accordance with City approved soils report and approved by the City Engineer. Vehicular access must be provided to all "Urban Pollutant Basins" and the pump station with a minimum width of 151, with 12' of pavement and with a maximum slope no greater than 20%. COMMENTS STATUS (secured by surety bond). Street plans approved; Condition construction guaranteed in satisfied subdivision agreement (secured by surety bond) oted. Noted. A short portion (approximately 1551) exceeds 12% of which approximately 65' is 14%. Design is considered safe and in substantial compliance with the tentative map and conditions; plan approved Noted; shown on street and grading plans. Report & Plans approved. Emergency access applicable to proposed tract 47850 only (see Condition b.2) N/a at time of Map approval Condition satisfied Condition sati sf ied 28. Prior to approval of the final Paid. map, the Applicant shall contribute Condition $7,200.00 toward the construction of satisfied sidewalks along the east side of Diamond Bar Boulevard across from the Country Hills sho ing Center. 29. The Applicant shall provide an Shown on map. Condition irrevocable offer to dedicate an easement for a 60 -foot wide satisfied roadway along and straddling the centerline extension of Windmill Drive at the southerly property line of Lot 12 of Tract no. 48487 Page 6 CONDITION (northerly property line of the remainder parcel of Tract No. 47851) to the southerly property line of the remainder parcel of Tract No. 47851; except that the northerly 107, of said easement shall be 30 feet wide. 30. A final drainage study and final drainage plans in a 24"X36" sheet format shall be submitted to and approved by the City Engineer prior to final map approval. All drainage facilities shall be installed as required by the City Engineer and in accordance with County of Los Angeles Standards. 31. No underground utilities shall be constructed within the drip line of any mature tree except as approved by a registered arborist 32. Prior to finalization of any development phase, sufficient drainage improvements shall be completed beyond the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final ma . 33. Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer 34. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City sewer system. said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works Department, prior to approval of the final ma 35. The Applicant shall obtain --7 connection permit(s) from the City COMMENTS STATUS Noted. Hydrology study, Condition hydraulic calculations, satisfied grading plan and storm drain plan approved. N/a at time of Map Site development to be N/A completed in one phase. COE 404 Permit approved Condition 5/11/93; DFG 1603 satisfied Agreement approved 4/2/93; SWRCG 401 Certification approved 3/30/93; Noted; s/S plans approved condition by City Engineer, LACDPW & satisfied LACSD. LACSD signature only at time of annexation to LACSD 21 connection permits granted I Condit—ion only prior to issuance of satisfied Page 7 CONDITION and County Sanitation District. The subdivision shall be annexed into the County Consolidated sewer Maintenance District and appropriate easements for all sewer main and trunk lines and pump station must be offered for dedication and accepted by the County of Los Angeles Public Works Department, prior to approval of the final nap. 36. The Applicant, at Applicant's sole cost and expense, shall construct the sewer system and Pump station in accordance with the City, Los Angeles County Public Works Department and County sanitation District Standards. 37. Traffic improvement plans prepared by a registered Traffic Engineer in a 24"X361, sheet format shall be submitted to and approved by the City Engineer. security shall be posted and agreement executed guaranteeing completion of improvements prior to final map approval. 38. Intersection line of sight designs shall be submitted to the City Engineer for approval 39. The Applicant shall prepare traffic control signing and striping plans in accordance with requirements of the State of California Traffic Manual prior to approval of final map. 40. A separate right -turn lane shall be striped and appropriate signs installed in the northbound direction at the intersection of Diamond Bar Boulevard and shadow Canyon Drive to the satisfaction of the City Engineer. 41. A separate right -turn lane shall be striped and appropriate signs installed in the southbound direction' at the intersection of Diamond Bar Boulevard and Pathfinder Road to the approval of the City Engineer. 42. An additional left -turn lane shall be striped and appropriate signs installed in the southbound COMMENTS STATUS building permit. Application made and fee ($11,270) paid to annex to LACCSMD. SIS easements shown on map and offered ( See Owners Statement, sheet 1). Easements are been properly offered to the City. SIS plans approved; Condition construction guaranteed in satisfied subdivision agreement (secured by surety bond). Noted; Necessary traffic Condition improvements shown on satisfied street plans; street plans approved. oted; Street plans FCondition pproved. satisf ied Noted; Necessary striping Condition improvements shown on satisfied street plans; street plans approved. Work to be included with diamond Bar Blvd Rehabilitation project; fee in -lieu paid and accepted. Condition satisf ied Work to be included with Condition Diamond Bar Blvd satisfied Rehabilitation project; fee in -lieu paid and accepted. rx to be included with Condition amond Bar Blvd satisfied habilitation project; Page 8 CONDITION COMMENTS STATUS direction at the intersection of Diamond Bar Boulevard fee paid and and Brea Canyon Road to the Approval of the City accepted. Engineer. 43. A stop sign shall be installed at the intersection of Wagon Train Stop sign shown on street Condition Lane and steeplechase Lane. The stopa plans; street plans approved; satisfied sign shall be installed on Wagon t construction Train along with fifty feet of double guarantee d(securein d1bysion Yellow striping, Type D pavement agreement markers stop legend and limit line. surety bond). 44. Stop signs shall be installed at the intersection of Dothill Road stop sign shown on street Condition and Wagon Train Lane, subject to approval plans; street plans approved; satisfied of the City Engineer. construction guaranteed in subdivision agreement (secured by 45. The Applicant shall contribute sur,etybond). Fee paid $24,000, toward the installation of a Condition traffic signal at intersection of a satisfied traffic signal at intersection of Diamond Bar Boulevard and Shadow Canyon Drive prior to approval of the final map. 45. Provide separate underground utility services to each parcel, p Public utilit and Y public services Condition � water including , gas, electric power, easements provided in satisfied telephone, and cable TV, in all streets. accordance with the respective utility company standards. Easements shall be provided as required by Utility companies and approved by the city Engineer. 47. Applicant shall relocate existing utilities No existing facilities Condition as necessary. identified as necessary to satisfied 48. Prior to submittal of the final be relocated. Will map, written certifications from serve from: Condition Walnut valley Water District GTE L.A. S.D., 10/22/91; satisfied SCE, SCG and Jones Intercable stating that .D SCE, 8/28/922/91; adequate facilities are or will be available to GTE, 9/2/92; serve the proposed project shall be submitted to the Jones CTV, 12/8/93. city. 49. Applicant shall install main and service lines capable of delivery Reclaimed water plans not condition of reclaimed water to all portions of approved; however, design and satisfied the Tract and the system shall be construction designed to permit "switch over" of subdivision guaranteed secured nondomestic services on each lot at agreement by time of availability of reclaimed surety retyb nd) Page 9 CONDITION water, all to the satisfaction of the City Engineer. 50. Building pads for Lots 18 and 19 shall be precisely delineated on the final map and shall be restricted to 10,000 square feet maximum. (D) COMMUNITY DEVELOPMENT DEPARTMENT 1. Applicant shall pay the required park in -lieu fee prior to the recordation of the final map. 2. Conditions, covenants, and restrictions (CC&R's) shall be provided to the Community Development, Director for review and approval prior to recordation of the final map. The CC&R's shall include, but no be limited to, provisions requiring disputes involving interpretation or application of the CC&R's to be referred to a neutral third party mediation service with the cost thereof to be borne by the prevailing party, provide a maintenance program for "Urban Pollutant Basins", prelude construction or installation of barriers within wildlife movement corridors as required by the SEATAC Report dated April 8, 1991, and shall substantially comply with the CC&R's applicable t.o "The Country". said CC&R's shall record concurrently with the final map or prior to the issuance of any building permit for or sale of any parcel. 3. The site shall be developed and maintained in accordance with the approved Vesting Tentative Tract Map and plans approved by the City Council, as revised by these conditions of approval. 4. The mitigation monitoring program dated May 29, 1992, and approved by the City Council shall be implemented and rigorously complied with. Applicant shall deposit, and maintain, with the City a fund in COMMENTS STATUS Entirety of Lots 18 & 19 N/A are delineated as restricted use and building rights dedicated. No building allowed at this time. ee paid. Condition satisfied oted; CC&Rls approved. Condition satisfied d• Condition satisf ied Fees paid current. Condition satisfied Page 10 CONDITION such amounts as required by the Director of community Development to defray the cost of implementation and monitoring by city staff and consultants retained by citv. 5. Exterior construction activities (grading, framing, etc.) shall be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday, except that interior building construction activities shall not be limited. All construction equipment shall be properly muffled to reduce noise levels. Transportation of equipment and materials and operation of heavy grading equipment shall also be limited to the hours of 7:00 a.m. to 5:00 P.M. All equipment staging areas shall be sited on the subject property. Dust generated by construction activities shall be reduced by watering the soil prior to and during grading activities. Use of reclaimed water shall be used whenever. -Possible. 6. Lot Nos. 19, 20 and 41 shall provide a minimum lot/street frontage of 60 feet. All other lots shall maintain a minimum lot/ street fronta e of 125 feet. 7. A detailed landscape slope planting and model home landscaping, shall be prepared by a licensed landscape architect and submitted for City review approval prior to approval of the final map. Fence details, tree staking, soil preparation, planting details and an automatic irrigation system and the incorporation of xerotropic landscaping shall be incorporated wherever feasible. 8. All down drains and drainage channels shall be constructed in muted earth tones so as to not impart adverse visual impacts_ 9. All oak trees and walnut trees to be replaced shall be replaced at the ratios and locations specified in EIR 91-2. COMMENTS ----_____ STATUS oted; see map. N/a at time of Map approval condition satisfied Noted; L/S plan approved Condition (excluding model home satisfied LIS); construction guaranteed in subdivision agreement (secured by surety bond). Noted; shown on grading condition plan (Omaha Tan); plan satisfied approved. L/S plan approved. Condition satisfied Page 11 CONDITION -COMMENTS STNS IQ- Existing trees required to be preserved in placed shall be protected with a construction barrier in accordance with the Los Angeles County Code, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. 11. Applicant shall contribute $8,000. as its pro rata share for the Ecological Concept Study for Tonner Canyon and SEA No. 15. 12. Applicant shall pay development fees (including, but not limited to, planning, building, and school fees) at the established rates prior to issuance of buildin Permits. 13. Lot 43 shall be modified and shall include the entirety of the remainder parcel of the final ma . 14. Applicant shall prepare, and submit to the Director of Community Development for approval prior to the sale of the first lot of the subdivision, a "Buyer Awareness Packa e., . ( a ) GENERAL ,REQUIREMENTS 1. This approval of Vesting Tentative Tract Map No. 47851 shall not be effective for any purpose until a duly authorized representative of the applicant has filed with the Community Development Department an affidavit of Acceptance and accepts all conditions of a roval. 2• All requirements of this resolution, the applicable Zoning District, the City Codes, City departmental policies, rules and regulations of any local agency with jurisdiction thereof shall be complied with by the applicant Noted; L SS -and gr plans approved. id. Noted. Due prior to issuance of building permits. [voted; VTTM Lot 43 is final map Lot 41, see map sheet lo. Voted. Due prior to sale :)f first lot. �-unait.ion satisf ied Condit sati s- fied. N/a at time of Map approval. Condition satisf ied N/a at time of Map approval cepted. See letter Condition A(B. Mazur) to City(J. satisfied Stefano) dated 8/6/92. oted; All that are Condition pplicable prior to satisf ied pproval of map have been omplied with. Page 12 I N T E R O F F I C E M E N O R A N D O M TO: Mayor Werner and Councilmember Ansari FROM: Linda G. Magnu8onV-Ad0ountinq Manager SUBJECT: Voucher Registers, August 2, 1994 DATE: July 27, 1994 Attached are the Voucher Registers dated August 2, 1994. You will notice there are two voucher registers. This is due to the Fiscal Year ending June 30. There is a register for expenditures allocated to FY93-94 and one for FY94-95. As requested, the Finance Department is submitting the voucher registers for the Finance Committee's review and approval prior to their 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 listings Of vouchers dated August 2, 1994 have been reviewed, 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 Fund 118 Air Quality Mgt. Fund 125 CDBG Fund 138 LLAD 038 Fund 139 LLAD 039 Fund 141 LLAD #41 Fund 225 Grand Ave Const Fd 250 CIP Fund TOTAL ALL FUNDS APPROVED BY: Linda G. Magnus n Accounting Manager rrence L. Belanger City Manager AMOUNT $527,980.99 443.90 1,813.73 3,959.75 8,433.47 521.08 3,461.26 227.50 10.551.20 $5570392.88 erner Mayo Eileen R. Ansari Councilmember a C i t y o f D i a m o n d B a r 4 4 _G},] '7 .AIJN TIME: 1250 07;27/94 V O U C H E R R E G I S T E R 1J PAGE 1 DUE THRU .............06/30/94 VENDOR NAME VENDOR ID. + PREPAID ACCOUNT PROJ.TX-ND ------------------------------------------------------------------------------------------------------------------------------------ BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOIAJT DATE CHECK AT & T AT&T 001-4090-2125 45 40802A 07/26 06/30 909 396 5671 June -Long Distnce Srvices 43.96 TOTAL DUE VENDOR --------) 43.Q6 Accurate Landscape Accurate 138-4538-5500 17 40802C 1511577 07/2_6 06/30 312930 Invik32930Corrctn-UndrPymt 260.00 TOTAL DLIE VENDOR --------) 260.00 Awards Fair AwardFair 001-4350-1200 113 40302A 01/1857 07/26 06/30 27924 Ribbons/Track Meet 20.47 TOTAL DUE VENDOR --------) 20.47 Boys Club/San Gabriel Vly BoysClub 001-4555-5520 32 408020 07/26 06/30 ,lone Graffiti Svcs 645.00 TOTAL DUE VENDOR --------) 645.00 Brandman Assoc., Michael Brandman 001-2300-1010 161 40802C 07/26 06/30 06940465 Prof Svcs -FPL 43-10 926.44 TOTAL DUE VENDOR --------) 926.44 Carl's Jr. Restaurant CarlsJr 001-2300-1010 165 40802A 07/27 06/30 Refund Deposit -FPL 92-042 495.52 TOTAL DUE VENDOR --------) 495.52 Community Develpment CommDevlp 125-4215-2355 70 40802A 07/26 06/30 Reimb.CDC Overpayment 330.00 TOTAL U VENDOR --------) 330.00 Convention Recorders ConvRecord Of'11-4210-232�7 17 40802A 07/26 06/30 CassetteTapeRefrnce-Ping 61.(X) TOTAL DUE VENDOR --------1 61.00 Cotton/Beland Assoc CotBelAsso 001-4210-4220 91 40302A 07/26 06/30 3469 GPAC Srvcs 6/9-6/14 3,207.39 TOTAL DUE VENDOR --------) 3,207.39 D. B. Improvement Assoc. DBIA 001-4210-4220 02 40802A 07/26 06/30 Gen.Plan Ad -5/94 390.00 TOTAL DUE VENDOR --------} 390.00 t * RUN TIME: 12:50 07/27/94 City of V 0 U C Diamond Bar 4** H E R R E G I S T E R —% PAGE 2 DUE THRU.............06/30/94 VENDOR NAME 'VENDOR ID. * PREPAID 4 # ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVC.CE DESCRIPTION AMOUNT DATE CHECK Dataquick Dataquick WI -4210-2130 16 40802A 07/26 06/30 Monthly Charge -6/94 35.00 TOTAL DUE VENDOR --------) x.00 Dept of Transportation DeptTrans 001-4555-5507 46 40802A 07/26 06/30 130455 May Signal/Light-Maint 610.95 TOTAL DUE VENDOR --------) 610.95 Diamond Bar Hills Club DBarHills 001-4350-42140 27 40802A 07/26 06/30 2616 Facilty Rent Spring 94 873.75 TOTAL DUE VENDOR --------) 873.75 Dwight French & Assoc. DwightFren 1AS -4538-6410 06894 30 40802C 01/16223 07/26 06/30 1001694 EngDesignSvcs-Median 1,048.50 001-4555-4230 2 408026 07/27 06/30 1001695 Pvmnt/MngmtSystee 6,000.00 TOTAL DUE VENDOR --------) 7,048.50 Federal Express Carp. FedExpress 001-4210-120 8 40802A 07/26 06/30 5-268-41823 Express Mail -Gen Govt 26.00 112-4553-5533 ? 40802A 07/26 06/30 5-268-41823 Express Mail-TrnsSubPrgm 55.00 TOTAL INE VENDOR --------) 81.00 Image IV Systems Inc. Image4Sys 001-4090-2100 =? 40802A 07/26 06/30 147400 May Copier Maintenance 1108.00 001-4090-2100 30 40802A 07/26 06/30 147400 May Copy Charges 108.84 001-4090-2100 28 40802A 07/26 06/30 149717 June Copy Charges 89.45 301-4090-200 46 40802A 07/26 06/30 149717 June Copier Maint 108.00 TOTAL DUE VENDOR --------} 414.29 impressive Screenworks Lpressive 001-4350-1200 115 408020 41/1854 07/26 06/30 3103 Prtg-Comm/CCncl Shirts 452.55 TOTAL DUE VENDOR --------) 452.55 Inland Valley Dly Bulletn IVDB 001-4210-2115 57 40802A 07/226 06/30 Ad -ADR 94-3 6/16 61.66 ,)01-42210-2115 58 40802A 07/26 06/30 Ad -ADR 94-5 6/30 70.8E 001-4310-2115 7 40802A 07/26 06/30 Ad -Comm Svcs - 6/12 70.06 TOTAL DUE VENDOR --------} 202.55 City of Diamond Bar ��� Fy9,�'9/ RUN TIME: 12:50 07/27/94 V 0 UCH E R R E G I S T E R PAGE 3 DUE THRU.............06/30/04 VENDOR NAME VENDOR ID. PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ J.E. Wrought Iron JEWrought 001-4350-2210 4 40802E 01/1880 07/26 06/30 1326 SecurtyBars-SycCyn TOTAL DUE VENDOR --------) 220.00 Judicial Data Systems JudDataSys 001-4411-5405 11 40802E 0716 06/30 Jun PrkngCitationsAdmn-June 375.30 TOTAL DUE VENDOR --------> 375.30 L.A. County -Sheriffs Dep LACSheriff 00,1-4411-5401 47 40802E 07/26 06/30 22N05 June Contract Svcs 305,326.94 TOTAL DUE VENDOR --------) •305,326.94 L.A.County Public Works LACPubWk 001-4555-550') 4 40802B 07/26 06/30 94000011424 Underground Utilities 1,777.15 'X11-4331-5300 41 40802B 07/26 06/30 94000412289 Sewer Pump-SycCynPrk 507.83 001-4555-5507 47 40202B 07/26 06/30 94010000502 Traffic Signals 1,502.65 TOTAL DUE VENDOR --------> 3,787.63 L.A.County Public Works LACPubWk 001-4555-5.502 45 408023 07/26 06/30 9400001 287 Road Maintenance -5/94 1,578.82 001-4555-5502 46 40802B 07/26 06/30 940000122855 Road Maintenance -5/94 1,216.80 ,X11-4555-5502 47 40301E 07/26 06/30 94000012281 Road Maintenance -5'94 21,752.01 TOTAL DUE VENDOR --------> 24,547.63 LA Cellular Telephone LACeilular 001-4030-2125 31 40802C 07/26 06/30 June Svcs-Cmgr 113.22 06/30/94 0000021100 001-4090-2125 46 4(8015 07/26 06/30 June Svcs -Oen Govt 52.49 06/30/94 0000021100 001-4440-2125 32 40002C 07/26 06/30 June Svcs -Enver Prep 31.23 06/30/94 0000021100 TOTAL PREPAID AMOUNT ----) 196.94 TOTAL DUE VENDOR --------} 0.00 Landscape West LandscapeW 141-4541-2210 49 408029 20/1575 07/26 06/30 013577 Maint-6/94 on UND41 3,336.85 TOTAL DUE VENDOR --------) 3,.-36.85 Leighton and Associates Leighton 001-2300-1012 81 40802B 07/26 06/30 83028 froffsni.Srvcs.EN93-030 41.00 001-2300-1012 80 40802E 07(26 06/30 33030 Proffsnl.Srvcs.EN93-009 1,483.60 tk)i-2300-1012 82 408018 07/26 06/30 8-3031 Proffsnl.Srvcs.EN93-030 387.60 TOTAL DUE VENDOR --------} 1,912.20 *�� City of Diamond Rar *#� RUN TIME: 12:50 07/27/94 V 0 U C H E R R E G I S T E R �� _ e"/ PAGE 4 DUE TtIRU.............06/'30/94 VENDOR NAME VENDOR ID. # PREPAID a ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Los Angeles County LACLibrary 001-4.�5-5;300 6 40802E McMahan desk Inc MacMans 125-4215-1200 61 40802C 01/18.56 Miss Diamond Bar Beauty MissDB 001-4350-5305 54 40802E Mitchell Pest Control Inc MitchellPe 001-4555-5509 47 40802B 01-4555-5509 49 40802B 001-4555-5509 48 4ON2B Montgomery, Michael MMontgomer 001-2i10-i(k8 114 40802C ,x)1-4020-402'0 24 40802C 001-4020-4021 116 40802C Myers, Elizabeth MyersE 001-4040-4000 54 40802C 001-4040-4000 55 40802C 001-4040-4000 56 40802C 001-4210-4000 58 40802C 001-4210-4120 94 40802C Online Integrated Onlntegrat 118-4098-5000 8 4W02A 011176.4 Pomona Judicial District PomdudDlst 001-3223 ?6 4W)2B 07/26 06/30 Library Srvcs-Apr-,lone 39,ON. 00 TOTAL DUE 'VENDOR --------) 39,(M.00 07/26 O6/30 0129233 Steel Card Tables 495.26 TOTAL DUE VENDOR --------) 495.26 07/26 06/30 RfrshmntsBandConInPrk6/29 54.00 TOTAL DUE VENDOR --------) 54.0 07/26 06/30 00016245 Pest Cntrl.Sprayed 335.0 07/26 06/30 0015973 Credit 60.00- 07/26 06/30 0016244 Pest Cntrl.Sprayed-6/94 W.00 TOTAL DUE VENDOR --------) 675.00 07/26 06,30 June Retire Contrib 645.43- 06/30/'P4 0000021102 07/26 06/30 June Legal Svcs 5,50.0 06/30/94 0000021102 07/26 06/30 June Legal Svcs -Days Inn 625.00 06/30/94 0000021102 TOTAL PREPAID AMOUNT ----) 5,479.57 TOTAL DUE.VENDOR --------} 0.00 07/26 06/30 44db12 Mnt Sec CCouncl-6/1 207.00 06/30/94 0000021600 07/26 06/30 94db12 Mnt Sec CCouncl-613 207.00 06/30/94 (K0)o216(K) 07/26 06/30 94db12 Mnt Sec CCouncl-6/6 92.00 06/30/94 0000021600 07/26 06/30 94db12 Mnt Sec Ping Comm -6/13 437.00 06/30/94 1OW0021600 07/26 06/30 94db12 Mnt Sec GPAC-6/9 322.00 06/30/94 0000021600 TOTAL PREPAID AMOUNT ----) 1,265.00 TOTAL DUE VENDOR --------) 0.00 07/26 06/30 ModemBasePro-PrfSvcs 1,600.00 TOTAL DUE VENDOR --------) 1,600.00 07/26 06/5'0 June Muni Court Fees 335.0 TOTAL DUE VENDOR --------) 385.00 Ott City of Diamond Bar# �.LIN TIME: 12:5007/27/Q4 VOUCHER^ REGISTER .�/ P -6E 5 DUE THRU.............06/30/"4 VENDOR NAME VENDOR ID. # PREPAID # ACCOUNT PROJ.TX-NO BATCH PO.LINE/WO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ R & D Blueprint R&DBlue 001-4510-2110 25 408028 001-4510-2210 1 408028 RJM Design RJMDesign 250-4310-6415 066Q4 103 40802C 07/1718 50-4310-6415 065Q4 104 408028 01/1628 X50-4310-6415 065x'4 102 408028 01/1628 138-428-4000 19 40802C 08/1718 RonK.ranzer&Assoc C.E. Inc RKA 001-4555-5221 8 408029 001-4555-5227 9 4200 Rutan & Tucker RutanTuckr 001-4020-4021 113 408028 Siecke, Warren C. SieckeW 250-4510-6412 07494 35 4002B Spectacular Affairs Spectacula 125-4215-1200 80194 59 40802B 01/1850 Time Out Personnel Svc. TiouOut 001-4210-4220 93 408028 001-4310-4000 12 40802E US Sprint USSprint 001-4510-2125 16 40802C 07/26 06/30 10367 Redctn Print Recpt.#14035 X." 07/26 06/30 4.28 Supply for Engineering 4.28 TOTAL DUE VENDOR --------) :5.26 07/26 06/30 10907 ProfSvc-ADARetrofit-Mp1H1 6,901.00 07/27 06/30 10910 ProfSvcsSportsFieldAnalys 608.00 07/26 06/30 10912 ProfSvcs-Mini Park 306.00 07/26 06/30 10913 ProfSvc-FallowField 872.00 TOTAL DUE VENDOR --------) 9,187.00 07/26 06/30 42-7361 Engineering Services 1,523.50 07/26 06/30 92-7361 Engineering Services 195.00 TOTAL DUE VENDOR -------- } 1,718.50 07/26 06/30 Legal Srvcs-6/24/94 4,816.17 TOTAL DUE VENDOR --------) 4,816.17 r 07/26 06/30 22-8 Grand Ave Imp.Traffic Sig 195.00 TOTAL DUE VENDOR -------- } 195.00 07/26 06/30 1484 Linens-MothrDayEvent 41.85 TOTAL DUE VENDOR --------) 41.85 07/26 06/30 931409 Temporary Clerical 153.99 07/26 06/30 931409 Personnel Prks&Rec Min. 121.30 TOTAL DUE VENDOR --------) 275.79 01/26 06/30 EngrLongDistPhneSvcs-6/94 4.92 TOTAL DUE VENDOR --------) 4.02 RUN TIME: 12:50 07/27/94 V O U C H E R R E G I S T E R PAGE 6 DIUE THRU.............061 30/94 VENDOR NAME VENDOR ID. t PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE iN;'OICE DESCRIPTION AMOUNT DATE CHECK' ------------------------------------------------------------------------------------------------------------------------------------ Wallen, Kress, Reisman, WallenK.res 001-4020-4021 115 408028 01/1267 07/26 06/30 SpecLglSvcs-Recall 1,504.00 TOTAL DUE VENDOR --------> 1,504.00 Walnut Valley Unified WVUSD 001-4350-2140 28 40802C 07/26 06/30 FaciltyUse-Jul93-Jun94 27,999.50 TOTAL DUE VENDOR --------} 27,999.50 YMCA YMCA 125-4215-2355 71 40802B 07/26 06/30 Reimbursement CDBG#?3906 1,485.00 125-4215-2355 74 40802E 07/26 06/30 Reimbursement CDBG#93907 402.00 TOTAL DLE VENDOR --------> 1,887.00 YWCA YWCA 125-4215-2355 75 40802C 07/26 06/30 ReimbCDBGTeenPrgm-Ap-Jun 1,064.91 TOTAL DUE VENDOR --------> 1,064.91 TOTAL PREPAID -----------1 6,941 51 TOTAL DUE ---------------? 446,544.C?8 TOTAL REPORT ------------? 453,485.59 City of Diamond Rar 4 4 * Fy93-�� PAGE 1 0TIME: 12:50 07i27/94 VOUCHER REG I ST ER /7J l FUND SUMMARY REPORT DUE THRU.............06/30/44 DISBURSE G/L U WILL POST GJE HAS POSTED FUTURE TRANSACTIONS FUND TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE REVENUE EXPENSE ------------------------------------------------------------------------------------------------------------------------------------ 001 General Fund 138 LLAD #33 Fund 125 CUBG Fund 112 Prop A -Transit F 141 LLAD #41 Fund 118 Air Quality Imp 250 C.I.P. Fund 433,984.22 2,688.73 2, l o'0.5U 3,319.02 55.00 3,336.85 1,600.00' 8,510.00 305.00 430,910.49 180.50 3,019.02 55.00 3,'336.85 1,600.00 8,510.00 TOTAL ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ALL FUNDS 453,485.59 2,688.73 385.00 450,411.36 ** City of Diamond Bar r311N TIME: 12:42 07/27/94 V O U C H E R R E G I S T E R PAGE 2 ICE THRU.............08/02/94 VENDOR NAME VENDOR ID. PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/IUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Chan, Mei 1246 *001-3470 33 90802A 07/26 08/02 Charlies Sandwich Shop Charlies *001-4210-42120 13 50802A Chavers, J. Todd *001-45531-4100 *001-4553-4100 Chu, Luna *001-3478 Chu, Melody *001 -34TH ChaversJT 150 02D 6 508021) 1284 =7 50802A 1281 39 50802A City Clerks Assoc of Ca. CCAC *001-4040-2315 1 508028 0'/6 08/02 07/26 08/02 07/26 08/02 07/26 08/02 07/26 03/02 07/20 08/021 Conlin Bros Sporting Goad ConlinBros *001-4350-1200 2 508028 01/1924 07/26 08/02 67626 Conway, Carol 4001-•_478 1247 i 50W2A 07/26 08/02 Cowles, Michelle 1275 *001-34 5 50802A 07/26 0:3/02 Recreation Refund TOTAL DUE VENDOR --------) Ping Commission Mtg-7/16 TOTAL PREPAID AMOUNT ----) TOTAL DUE VENDOR-------- T T&T mtg 7/15 T&T Mtg 7/14 TOTAL DUE VENDOR -------- Recreation Refund TOTAL DUE VENDOR --------) Recreation Refund TOTAL DUE VENDOR --------) FY 94-Q5 Membrshp-Burgess TOTAL DUE VENDOR --------) Supplies -Recreation TOTAL DUE VENDOR --------) Recreation Refund TOTAL DUE VENDOR -------- Recreation Refund TOTAL CUE VENDOR -------- 28.00 28.00 _..12' ci7,'15/'y4 , 00002158 73.12 0.00 40.00 40.00 80.00 16.00 16.00 31.00 31.00 130.00 130.00 64.57 64.57 51.00 51.00 77.00 .".'7.00 *** City of Diamond Bar RUN TIME: 12:42 07/27/94 V O U C H E R R E G I S T E R FADE DUE THRU.............08/02/94 VENDOR NAME VENDOR ID. * PREPAID ACCOUNT PRDJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ De Vore, Donald C. 1ll 289 +x}01-3478 47 50802A Diamond Bar Business Asoc DBBusAssoc *001-4090-2140 6 W2B 01/1952 *001-4090-2'210 2 50802B 02/1952 *001-4090-2210 3 50802B Diamond Bar Petty Cash PettyCash *001-3478 42 50802A *001-4010-2325 3 50802A *001-4030-2325 2 50$02A *001-4090-1200 4 50802A *001-4090-2325 1 50802A *001-4095-4260 1 50802A *001-4210-12w 1 50802A *001-4210-4220 150802A *001-4310-12,00 1 50802A *001-4350-1204 4 50802A *001-4440-1200 150802A Diederich, Jane M. 1249 *t'O1- 3478 .30 508020 Diedrich, Jane M. 1282 oOO11-3478 38 50802A Dwight French x Assoc. DwightFren Eastman '.nc. Eastman +001-43`0-1200 3 50802B 15/1922 *001-4510-1100 1 508028 13/1922 *001-4040-1100 1 50802B 12111922 *001-4510-1100 2 `-0802B 14/1922 *001-40'c-'0-1100 1 50802B 08/1922 *001-4095-1100 1 50802B 09111922 *001-4210-1100 1 508028 10/1922 4001-4090-1200 3 508029 11/1922 07/27 08/02 07/26 08/02 07/26 08/02 071127 08/02 07/26 08/02 07/26 08/02 07/26 08/02 07/26 08/02 07/26 08102 07/26 08/02 07/26 08/02 07/26 08/02 07/26 08/02 07/26 08/02 07/26 08/02 071126 08/02 07/26 08/02 Recreation Refund TOTAL DUE VENDOR -------- August Rent Suite 190 Aug CAM Chrges-Ste 100 AugCommArea Maint-Ste190 TOTAL DUE VENDOR -------- Recreation Refund Meeting-Ansari/Chamber Meeting -City Mgr Dept Supplies - General Govt Meeting -Gen Govt. Meeting -Econ Development Supplies - Planning Supplies - General Plan Supplies - Parks & Maint Supplies - Recreation Supplies - Emer Prep TOTAL PREPAID AMOUNT ----) TOTAL DUE VENDOR --------) Recreation Refund TOTAL DUE VENDOR -------- Recreation Refund TOTAL DUE VENDOR --------) TOTAL DUE VENDOR ---------- 07/26 -------) 07/26 08/02 012615200 Supplies-CrMemo-CommSvcs 07/26 08/02 012620918 Supplies-Engr/PubWks 07/26 N102 012629391 Supplies-CClk 07/26 08/02 012635088 Supplies-Engr/PubWks 07/26 08/02 012682462 Supplies-CMgr 07/26 08/02 012682496 Supplies -Comp Svcs 07/26 08/02 012682508 Supplies -Ping 07/26 08/02 012682529 Supplies -Gen Govt 60.(Y) 60.00 5,707.80 812.00 702.00 7,221.80 6.40 07/18/94 i(a?0021101 22.00 07/13/94 OWN21101 19.50 07/18/94 0000021101 15.84 07/18/94 0000021101 56.71 07/18/94 0000021101 30.30 07/18/94 0000021101 21.51 07/18/94 0000021101 34.58 07/18/94 0000021101 24.02 07/18/94 0000021101 220.29 07/18/94 WOW2'1101 _3.3407/18;'94 0000021101 474.49 0.00 11.00 11.00 16.00 16.00 0,00 32.35- 23.22 140.78 77.34 35.72 94.71 33.63 48.27 RUN TIME: 12:42 07/'27/94 V 0 U C H E R R E G I S T E R PAGE 4 DUE THRU.............08/02/94 VENDOR NAME VENDOR ID. PREPAID ACCOUNT PRGJ.TX-NO BATCH PO.LINE/NO. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHM. Eastman Inc. Eastman (CONTINUED) TOTAL DUE VENDOR --------) 421.32 Esposito, Lou EspositoL 4001-4553-4100 3 50802D 07/26 08/02 T&T Mtg 7/18 40.00 TOTAL. DUE VENDOR --------) 40.W F&A Federal Credit Union F&ACreditU *001-2110-1012 1 50.g0:A 07/26 08/01. Credit Un Deductions-PP14 1,775.00 07/12/94 0000021596 TOTAL PREPAID AMOUNT ----) 1,775.00 TOTAL DUE VENDOR --------) 0.00 Federal Reserve Bank FedReserve *001-2110-1009 1 50802E 07/26 08/02 Savings Bonds-PP12/13 100.00 TOTAL DUE VENDOR --------) 100.00 Foothill Transit FoothillTr *112-4553-5533 1 5C2021) 07/26 08/02 Transit Passes -July 310.50 TOTAL DUE VENDOR --------) 310.50 Franchise Tax Board FranchiseT *001-2110-100' 2 50802B 07/26 08/02 WithholdinOrder-PP13/14 109.40 TOTAL DUE VENDOR --------) 109.40 GTE California GTE *001-4090-2125 1 W302B 07/26 08/02 Gen Phne Svcs-Bldg&Saftey 246.92 TOTAL DUE VENDOR --------) 246.92 GTE California GTE *000 -43:1-1125 1 508028 - 07/26 08/02 Gen Phne Svcs-SycamoreCyn 53.02 TOTAL DUE VENDOR --------) 53.02 GTE California GTE *001-4331-2125 2 50802B 07/26 08/02 Gen Phne Svcs-SycamoreCyn 52.81 TOTAL DUE VENDOR --------) 52.81 GTE California GTE *001-4313-2125 1 50802B 07/1.6 08/02 Gen Phne Svcs-HeritagePrk 53.01 TOTAL DUE VENDOR --------) 53.01 �Vq�— � Cit y o f D i a m o n d B y r * RUNTIME. 12;4'207/27/94 VOUCHER REG I ST ER PACE 5 DLIE THRU.............08/02/94 VENDOR NAME VENDOR I0. * PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK GTE California GTE *118-4098-2125 1 50302C 07/26 08/02 PhneSvcs-CtyOnLine 213.73 TOTAL DUE VENDOR --------) 213.73 GTE California GTE +001-4040-2125 1 50302B 07/27 08/02 Phone Svcs-Modum Line 51.31 TOTAL DUE VENDOR --------) 51.31 Goldrush Investment Group KingAndrew ¢001-2300-1012 1 508020 07/26 08/02 Refund Deposit-EN93-001 209.60 TOTAL 141E VENDOR --------} 209.60 Gonsalves & Son, Jae A. Gonsalves *001-4010-40oo 2 50802B 01/1975 07/26 08/02 August Prof Svcs -."!00.00 TOTAL ME VENDOR --------> 2,100.00 Guerra, Irma 1267 *001-3478 i3 50902A 07/26 08/02 Recreation Refund 26.00 TOTAL D1E VENDOR --------) 26.00 Guerra, Katherine 1250 *001-3473 2'a 50802A 07/26 08/02 Recreation Refund 16.00 TOTAL DUE,VENDOR --------! 16.00 Halcom, Laura A. !259 *001-3478 21 50802A 07/26 08/02 Recreation Refund 36.00 TOTAL OLE VENDOR --------> 36.00 Hall, Mary 1276 *0%1-1,478 4 50802A 07/26 08/(Y2 Recreate Refund 59.00 TOTAL DUE VENDOR --------) 59.00 Han, Hee Jea 154 1-001-3473 44 508021) 07/26 08/02 11838 Recreation Refund 27.00 TOTAL DUE VENDOR --------) 27.00 Heniges, Holly 1240 +001-3474 2 50W2A 07/26 08/02 Recreation Refund 45.00 TOTAL DUE VENDOR --------) 45.00 * * * City of Diamond Har# RUN TIME: 12:42 07/271'94 V O U C H E R R E G I S T E R PAGE 6 Cd1E THRU.............08/02/°4 VENDOR NAME VENOM ID. # PREPAID # # ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DATE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Hirashima, Elaine 1265 *001-3478 15 SM02A 07/26 08/02 Recreation Refund 31.00 TOTAL DUE VENDOR --------> 31.00 How Depot HoeeDepot *001-4350-5305 4 50802C 01/1926 07/26 08/02 000857 Supplies-ConcessionStand 51.14 TOTAL DUE VENDOR --------} 51.34 Hope, Caron 1263 *001-3478 417 50802A 07/26 08/02 Recreation Refund 10.00 TOTAL DUE VENDOR --------} 10.00 ICMA Retirement Trust -457 ICMA *001-2110-1001, 1 508020 07/26 08/02 Aug Payroll Deductions .50.00 *001-4030-0080 1 5080.20 07/26 08/02 Aug CMgr Contract Cantrib 400.00 *001-4030-0090 1 508020 07/26 08/02 Aug Cafe-CMgr Dept 1,613.10 *001-4040-0090 1 50802C 07/26 08/02 Aug Cafe-CCLk 476.85 *001-4050-0090 1 50802C 07/26 08/02 Aug Cafe -Fin 162.25 *001-4210-0090 1 50802C 07/26 08/02 Aug Cafe -Ping 590.60 *001-4310-0090 1 50802C 07/26 08/02 Aug Cafe-Prk & Maint 316.65 *001-4350-0090 1 50802C 07/26 08/02 Aug Cafe -Cow Svcs 275.01 *001-4510-0090 1 50802C 07/26 08/02 Aug Cafe -Pub Wks 1,011.37 TOTAL DUE VENDOR --------! 5,195.83 1hrig, Linda 1256 *OG1-3478 24 50802A 07/26 08/02 Recreation Refund 42.00 w601-3478 25 50802A 07/26 08/02 Recreation Refund 46.00 *001-3478 48 50802A 07/27 08/02 Correction 46.00 - Inland Valley Dly Bulietn IVDB *001-4210-4220 5 50802D *fx)1-4040-2115 3 548020 *001-4040-2115 4 508020 *001-4040-2115 1 508020 *001-4040-2115 2 50802C 07/26 '08/02 27767 07/26 08/02 29488 07/26 08/02 30122 07/26 08/02 31590 07/26 08/02 31603 TOTAL DUE VENDOR --------) 42.00 Pub Hrg-Gen Plan Pub Hrg-CnflctOfInterest Pub Hrg-Gen Plan Pub Hrg-Bids Slurry Seal Pub Hrg-Bids Medians TOTAL 245E VENDOR ------- 121.66 28.33 128.33 39.17 40.83 558.32 Intl. Delicatesson IntlDeli *oOI -4010-2325 2 50802A 07/26 08/02 Mtg-City Atty Review-Cncl 19.49 07/18/94 0000021599 TOTAL PREPAID AMOUNT' ----) 19.49 TOTAL DUE VENDOR --------) 0.00 *f* City of Diaieand Bar ¢# RUN TIME: 12:42 07/27/94 V 0 U C H E R R E G I S T E R PAGE 7 DUE THRU.............OD/02/?4 VENDOR NAME VENDOR ID. # PREPAID # ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ------------------------------------------------------------------------------------------------------------------------------------ ENTRT/DUE INVOICE DESCRIPTION AMDl1NT DATE CHECK Istik, Jack istlkJ +001-4553-4100 2 50802D 07/6 08/02 T&T Mtg 7/18 40.00 *001-4553-4100 7 50802D 07/26 08/02 T&T Mtg 7/14 40.00 TOTAL DUE VENDOR --------) 80.00 Jonn Alden G.T. JohnAlden *001-4010-0090 1 50802C 07/6 08/02 August Cafe -Miller 470.00 TOTAL IUE VENDOR --------) 470.00 K & V Blueprint Service K&VBIuePrt *001-4210-2110 3 5080:0 07/27 08/2 55192 Blueprint Paper -Ping 21.34 *001-4551-2110 3 50802C 47i27 08/02 55192 Blueprint Paper -Pub Wks 21.34 TOTAL IUE VENDOR --------) 42.68 Kochhar, Arvind 55 *001-3476 1 50802A 07/26 08/02 Recreation Refund 40.00 TOTAL DUE VENDOR --------) 40.00 Lawrence, Carmen 1279 *001-3478 1 50802A 07/26 08/02 Recreation Refund 15.00 TOTAL DUE VENDOR --------} 15.00 Lee, Yang 1277 *001-3478 3 50802A 07/26 08/02 Recreation Refund 175.00 TOTAL DUE VENDOR --------} 175.00 Lin, Nancy 1274 *001-3473 6 50802A 07/26 08/02 Recreation Refund 57.00 TOTAL DUE 'VENDOR --------} 57.00 Los Angeles County LACKTA *112-4553-5533 2 508020 07/26 08/02 July MTA Transit Passes 76.80 *112-4553-5533 3 508020 07/26 08/02 Addl MTA Transit Fee 1.60 TOTAL DUE VENDOR --------> 78.40 Los Angeles County City LACCtySele *001-4010-2325 1 50:302C 07/26 08/02 Coamittee Mtg 8/4 -Werner 20.t10 TOTAL DUE 'VENDOR --------> 20.00 * * * City of D 1 a m o n a Bar RUNTIME; 124207/27/94 VOUCHER REG I ST ER PAGE n DUE THRU.............08/02/94 VENDOR NAME VEMV ID. * * PREPAID * * ACCOUNT PRGJ.TX-NO BATCH P0.LINE/N0. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK MMASC MMASC *001-4030-2325 1 50802A 07/26 02/02 Meeting - Butzlaff 7/2"0 12.04 07(25/94 0000021103 TOTAL PREPAID AMOUNT ----} 12.00 TOTAL DUE VENDOR --------} 0.00 Mar, Elaine M. 1266 #001-3471' 14 50802A 07/26 08/02 Recreation Refund 31.00 TOTAL DUE VENDOR --------} 31.00 Marshall, Sherrod Marshalls *001-2360-1012 2 50;c}2C 07/26 02/02 Refund Deposit -EN 93-028 617.00 TOTAL DUE VENDOR --------} 617.00 McNaughton, Ellen 1244 *001-3478 35 5M)2A 07/26 02/02 Recreation Refund ::6.00 *001-3478 36 50802A 07!26 08/02 Recreation Refund 60.00 *001-3472 46 50802A 07/27 0.3/02 Correction 60.00 - TOTAL DUE VENDOR --------} 26.00 Mike Gealer & Euphoria MikeGealer *001-4350-5305 2 5{>302B 01/1882 07/26 03/02 Band -8/3 ConlnPrk 600.00 TOTAL DUE VENDOR --------} 600.00 Mobil Mobil *001-4210-2310 1 50602C 07/26 08/02 k2046354 Fuel -Ping 22.70 =WI -4030-2310 2 502020 02/1964 07J26 08J02 k.2046424 Fuel-CMgr 13.25 *J01-4090-2310 12 50802C 01/1964 07/26 08/02 k2046660 Fuel -Gen Govt *001-4090-2310 10 50.:;CC2C 01/1964 07/26 02/02 k2046671 Fuel -Gen Govt 3.,5 *001-4090-2310 6 50802C 01/1964 07/26 08/02 k2046682 Fuel -Gen Govt 7.69 W -.,O-2310 2 50802C 01/1964 07/26 08/02 k21M40 Fuel -Gen Govt 13.63 *0G1-4310-2310 2 508020 02/1939 07/26 08/02 k4845242 Fuel-Prk & Rec 34.07 12)01-4310-2310 1 508020 01/1939 07/26 02/02 k4845886 Fuel-Prk & Rec 20.00 *001-400-2310 4 50802C 01/1964 07/26 08/02 k.4846236 Fuel -Gen Govt 2.01 �.k;1-4090-2310 2 50$020 01/1964 07/26 02/02 k4846262 Fuel -Gen Govt 15.60 TOTAL DUE VENDOR --------} 156.50 Munoz, Linda 1264 *001-34710 16 50202A 07/26 03/02 Recreation Refund 32.00 TOTAL DUE VENDOR --------} 1:8.00 �- Y +* City of Diamond Bar RUN TIME: 12:42 07/27/94 V O U C H E R R E G I S T E R PAGE DUE THRU.............08/02/94 VENDOR NAME VENDOR ID. PREPAID ACCOUNT PROJ.TX-NO ------------------------------------------------------------------------------------------------------------------------------------ BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMa;JNT DATE CHECK NRPA NRPA *001-4310-2330 1 50802C 07/26 08/02 Conf 8/14 -8/17 -Hensley :35.00 TOTAL DLE VENDOR --------> .385.00 Nelson, Trent NelsonT *001-4350-5305 8 50802C 01/1884 07/26 08/02 Sound Sys-ConInPrkS/3 414.00 TOTAL DUE VENDOR --------1 414.00 Nelson, Trent NelsonT +001-4350-5305 10 50 *2C 01/1884 07/26 08/02 Sound Sys-ConInPrk8/10 414.00 TOTAL DUE VENA --------) 414.00 Northam, Randall 1257 *001-3478 23 50802A 07126 08/02 Recreation Refund 114.00 TOTAL DUE VENDOR --------) 114.00 OCB Reprographics OCBReprogr *250-4310-6415 06595 3 50802C 07/26 08/02 837052 Prof Svcs-Pantera Park 19.75 *250-4310-6415 06595 2 50802C 07/26 08/02 839982 Prof Svcs-Pantera Park 30.64 *250-4310-6415 06595 1 `-¢780.2C 07/26 08/02 840326 Prof Svcs-Pantera Park 23.79 TOTAL DIE VENDOR --------) 74.18 Olague, Julian 1283 *001-3474 1 50802A 07/26 08/02 Recreation Refund 45.00 TOTAL OLE VENDOR --------) 45.00 Ortiz, Ton OrtizTom *001-4553-4100 4 50802D 07/26 08/02 ThT Mtg 7/18 40.00 *001-4553-4100 5 50802D 07/26 08/02 T4T Mtg 7/14 40.00 TOTAL M VENDOR --------) 80.00 Pandemonium Pandemonim +001-4350-5305 6 50802C 01/1889 07/26 08/02 Band -8/10 ConInPrk 600.00 TOTAL M VENDOR --------) 600.00 Payroll Transfer PayrollTr *001-1020 1 50802A 07/26 08/02 Payroll Transfer - PP14 47,000.00 07/14/94 0000000014 TOTAL PREPAID AMOUNT ----) 47,000.00 TOTAL DUE VENDOR --------) 0.00 Ci t of Di amond Bar RUN TIME: 12:42 07/27/94 V O U C H E R R E G I S T E R PAGE 10 DUE THRU.............^.8/02/Q4 VENDOR NAME VENDOR ID. # + PREPAID ¢ ACCOUNT PROJ.TX-ND BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Pomona Valley Humane Soc. PVHS +001-4431-5403 2 500302C 01/1949 07/26 08/02 PostNet and Printing PostNet *001-40u0--1110 2 50802C 01/1Q50 07/26 03/02 942577 Prather, Dorene 1251 *001-3479 28 50302A 07/26 Prudential Service Bureau PSBI *001-2110-1004 1 50802C 07/26 03/02 *001-2110-1006 1 50802C 07/26 03/02 Public Empl Retirerent PERS *001-2110-1003 1 50802A 07/26 03/02 *001-2110-1(X3 2 50802A 47/26 08/02 Reutzel, Stephanie 12137 TOTAL DUE VENDOR --------) 4,514.09 *001-3479 40 5*802A 07/26 03/02 Riverside Blueprint RiversideB TOTAL DUE VENDOR --------) 23.00 *2`.0-4310-6415 06595 5 50302D 07/26 09/02 7074.3 *250-4310-6415 065?5 4 50802D 07/26 03/02 70744 Rotary Club of Diamond RotaryClub TOTAL PREPAID AMOUNT ----) 6,199.08 *001-2300-1002 1 50802C 07/26 03/02 *001-3620 1 50802C 07/26 03/02 San Gabriel Valley City SGVCMA *001-4030-2315 1 50E*2D 07126 03/02 AnimalCtrlSvcs-July 4,514.09 TOTAL DUE VENDOR --------) 4,514.09 Envelopes w/Logo 73.23 TOTAL DUE VENDOR --------) 73.23 Recreation Refund 28.00 TOTAL DUE VENDOR --------) 23.00 Aug Dental Prems 1,169.33 Aug Vision Prems 359.23 TOTAL I4E VENDOR --------) Retirement PP14-Emplr 2,9'32.31 07/25/94 0h0021104 Retirement PP14-Emplee 3,256.27 07/25/94 0000021104 TOTAL PREPAID AMOUNT ----) 6,199.08 TOTAL DUE VENDOR --------) 0.00 Recreation Refund 97.00 TOTAL DUE VENDOR --------) 97.00 B1uePrints-Pantera Park 10.73 B1uePrints-Pantera Park 5.24 TOTAL IUE VENDOR --------) 16.02 Refund-HrtgCommCtrDeposit 100.00 Staff Time Chrges 50.00 - TOTAL IdJE 'VENDOR --------) 50.00 CMGR Membrshp-FY 94-95 25.00 TOTAL DUE VENDOR --------) 25.00 ## City of Diamond Ear a RUN TIME: 12:42 07/27/94 V 0 U C H E R R E G I S T E R PAGE 11 DUE THRU .............0,/02/94 VENDOR NAME VENDOR ID. # PREPAID + ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECY Sari Gabriel Uly Tribune SGVTribune ¢001-4040-2115 5 50802D 07/26 08/02 24495 Pub Hrg-Bids Medians 53.76 *001-4040-2115 6 50802D 07/26 08/02 24648 Pub Hrg-Bids Slurry Seals 53.76 *001-4040-2115 7 50802D 07/26 08/02 30838 Pub Hrg-Reso 89-97H 42.38 TOTAL DUE VENDOR --------) 150.40 Sarro, Patti J. 1273 *001-3478 7 50802A 07/26 08/02 Recreation Refund 28.00 TOTAL DUE VENDOR --------) 28.00 Schiff, Marilyn 1255 *001-3478 49 50802A 01/27 08/02 Recreation Refund 46.00 TOTAL DUE VENDOR --------) 46.00 Schubel, Lisa 1245 *001-3478 34 50802A 07/26 08/02 Recreation Refund 64.00 TOTAL DUE VENDOR --------) 64.00 Shen, Rasa 12 8 *001-3478 41 50802A 07/26 08/02 Recreation Refund 31.00 TOTAL DUE VENDOR --------) 31.00 Shimizu, Jane B. :271 *001-3471 9 50802A 07/26 08/02 Recreation Refund 28.00 TOTAL DUE VENDOR --------) 28.00 Siecle, Warren C. SleckeW ¢210-4510-6412 07095 1 50W2D 07/26 08/02 3142-9 Prof Svcs-Trffc Signls 1,951.00 ,122-1-4510-6411 (}6;95 1 5A802D 07/26 08/02 3240-8 Prof Svcs -Grand Ave 227.50 ¢138-45:18-6410 1 50802D 07/26 08/02 3241-8 Prof Svcs -Dist 38 -Medians 97.50 TOTAL DUE VENDOR --------) 2,276.00 Sodhl, Rohini 1278 *001-3478 2 50862A 07/26 08/02 Recreation Refund 34.00 TOTAL DUE VENDOR --------) 34.00 Sohrabi, Paulette L. 1270 t001-3478 10 50802A 07/26 08/02 Recreation Refund 52.00 TOTAL DUE VENDOR --------) 52.00 ��� City of Diamond Bar #�� � Y /��9� RUN TIME: 107,12/11,94:42 07,'?4 V 0 U C H E R R E O i S T E F' PAGE 12 DUE THRU.............08/02/94 VENDOR NAME VENDOR ID. PREPAID # ACCOUNT PRW.TX-NO BATCH PO.LINE/MO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHEIJ ------------------------------------------------------------------------------------------------------------------------------------ Solaro Press Books Solanofres +001-4210-2_,20 1 5)802D 07/26 09/0'2 _wthern Ca. Edison SoCaEdison *001-4311-2126 1 `48021) 07/26 08/02 *001-4316-2126 1 50602D 07/26 08/02 *001-4319-2126 1 508021) 07/26 08/02 *iK)1-4328-2126 1 50802D 07/26 08/02 ¢001-4331-2126 1 90802D 07/26 08/02 Southern Ca. Edison SoCaEdison *141-4541-2126 1 1503021) 07/26 081'(Y2 Southern Ca. Edison SoCaEdison ¢138-45303-2126 1 508021) 07/26 03102 Southern Ca. Edison SoCaEdison *001-4555-2126 1 50802D 07/26 08/02 Southern Ca. Edison SoCaEdison 413'x-45.39-2126 1 508021) 07/26 08/02 Standard Insurance of Ore Standard In }001-2110-1005 1 50802D 07/26 08/02 Standard Insurance of Ore StandardIn 4001-2110-1005 2 50802D 07/26 03/02 Subway Subway *001-4210-4220 2 50802A 07/26 03/02 Book Order -Ping 37.64 TOTAL DUE VENDOR --------) 37.64 Electric Svcs -Paul Grow 30.76 Electric Svcs -Maple Hill 2..'}9.90 Electric Svcs-PetersonPrk 83.55 Electric Secs-Suawmtrdge 183.14 Electric Svcs-SycamoreCyn 347.85 TOTAL DUE VENDOR --------) 935.20 Electric Svcs -Dist #41 124.41 TOTAL DUE VENDOR --------} 124.41 Electric Svcs -Dist #38 225.07 TOTAL DUE VENDOR --------) 225.07 Electric Svcs-TrafficCtrl 3,089.41 TOTAL DUE VENDOR --------) 3,039.41 Electric Svcs -Dist #39 227.03 TOTAL DUE VENDOR --------} 227.03 Aug Supp! Life Prems 18.00 TOTAL DUE VENDOR --------} 13.00 Aug Life Ins Prems 420.50 TOTAL DUE VENDOR --------} 420.50 GPAC Mtg Supplies 27.50 07/15/94 00.70021597 TOTAL PREPAID AMOUNT ----} 27.50 TOTAL DUE VENDOR --------} 0.00 *�* City of Diamond Bar ��� �y9�-�s RUN TIME: 12:42 07/27/94 V O U C H E R R E G I S T E R III !/ PAGE 13 DUE THRU.............OS,102/°4 VENDOR NAME VENDOR ID. PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECr ------------------------------------------------------------------------------------------------------------------------------------ Thacker, Alma 1780 *001-3478; 45 50802D Thompson Publishing Group Thompson *001-4050-2.120 1 50802D Time Out Personnel Svc. TimeOut *001-4210-4220 4 508021) *001-4210-4220 6 50802D Waggoner, Lynda 1260 *001-3478 20 50 )2A Walnut Vly Water Dist WVWaterDis #001-4311-2126 2 50802D *001-43116-212.6 2 50602D *001-4315-2126 3 50802D Walnut Vly Water Dist WV'WaterDis *1.9-4539-2126 2 50802D Walnut Vly Water Dist WVWaterDis *138-4538-2126 2 508020 Woo, Ho K. *i){;1- 3478' Wright, Paul 001-4090-4000 001-4210-4000 1268 12 50802A WrightP 1 50802D 1 50802D 07/26 08/02 12019 Recreation Refund 30.00 TOTAL DUE VENDOR --------} 30.00 07/26 06/02 FLSA Renewal 238.Ikl TOTAL DUE VENDOR -------- 228.00 07/26 08/02 931427 Temp Svcs -Gen Plan 487.04 07/26 08/02 931427 Temp Svcs -Gen Plan 608.80 TOTAL DUE VENDOR --------} 1,095.84 07/26 08/02 Recreation Refund 12.00 TOTAL DUE VENDOR --------} 12.00 07/26 08/02 Water Usage -Paul Grow Prk 1,665.55 07/26 08/02 Water Usage -Maple Hill Pk 229.-5 07/26 08/02 Water Usage -Maple Hill Pk 1,495.25 TOTAL DUE VENDOR --------) 3,x"90.0.5 07/26 {08/02 Water Usage -Dist #39 294.05 TOTAL DUE VENDOR --------) 294.05 07/26 08/02 Water Usage -Dist #38 5,930.40 TOTAL DUE VENDOR --------) 5,130.40 07/116 08/02 Recreation Refund 21.00 TOTAL DUE VENDOR --------} 21.00 07/26, 03/02 Audio/Visual Svcs -7/19 195.00 07/26 08/02 Audio/Visual Svcs -7/11 180.00 TOTAL DUE VENDOR --------> 375.00 ^.JQ� (n kUN TIME; 12:42 07/27/94 V 0 U C H E R R E 0 I S T E R I J % ( PAGE 114 DUE THRU.............08/02/94 VENDOR NAME VENDOR ID. PREPAID # # ACCOW PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTIDN AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Yip, Christine 1261 +001-3478 19 50802A 07/26 08/02 Recreation Refund 12.00 TOTAL DUE VENDOR --------> 12.00 Youssef, Lili 1252 *001-3478 27 50802A 07/26 08/02 Recreation Refund 56.00 TOTAA E VENDOR --------) 56.00 TOTAL PREPAID -----------) 55,570.68 TOTAL DUE ---------------) 48,336.61 TOTAL REPORT ------------) 103,907.29 ** Citi of Diamond B3r# RIJNTIME112:4207/27/;4 '1OUCHER REG15TER FUND SUMMARY REPORT J JJ DUE THRU..............:'-0 _'4 DISBURSE G/L GJE MILL POST GJE HAS POSTED FUTURE TRANSAM ONS BUND TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE REVENUE EXPENSE ------------------------------------------------------------------------------------------------------------------------------------ 001 General Fund 125 CDBG Fund 112 Prop A -Transit F 118 Air Quality Imp 250 C.I.P. Fund 225 Grand Ay Const F ="? LLAD #:33 Fund 141 LLAD #41 Fund 134 LLAD #39 Fund TOTAL - ALL FUNDS 93,996.77 58,417.14 140,73 388.90 13.73 ,041.20 I. SO 6,252.97 124.41 521.0E 1,790.40 33,'89.23 140.7.3 338.90 213.73 ',041.0 227.50 6,252.97 124.41 521.0:; ------------------------------------------------------------ ------------ ------------ ------------ 103,907.29 53,417.14 1,790.40 43,6Q'�.75 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO./ TO: Terrence L. Belanger, City Manager MEETING DATE: August 2, 1994 REPORT DATE: July 13, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Notice of Completion for the Construction/Modification of Handicap Access Ramps in Diamond Bar. SUMMARY: The City Council, on May 17, 1994, awarded a handicap access ramp construction contract to Perry Maness Industries, Inc. for a total amount of $28,805 and a contingency amount of $3,500. The completed work has been determined to be in accordance with the plans and specifications approved by the City. RECOMMENDATION: It is recommended that the City Council accept the work performed by Perry Maness Industries, Inc. and authorize the City Clerk to file the proper Notice of Completion and to release any retention amounts after 35 days of filing, if no claims are made against the project. LIST OF ATTACHMENTS: X Staff Report Resolution(s) Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: Public Hearing Notification Bid Specification (on file in City Clerk's Office) X Other: Notice of Completion SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? N/A 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? N/A Which Commission? 5. Are other departments affected by the report? Yes , X No Report discussed with the following affected departments: REVIEWED BY: 4rrence L. Belan r Frank A. s �-Geeorge A. Wentz City Manager Assistant City Manager 'Interim City Engineer MEETING DATE: TO: FROM: SUBJECT: ISSUE STATEMENT CITY COUNCIL REPORT AGENDA NO. August 2, 1994 Honorable Mayor and Members of the City Council Terrence L.Belanger, City Manager Notice of Completion for the Construction/Modification of Handicap Access Ramps in Diamond Bar. File and submit for recordation a Notice of Completion for the Construction/Modification of Handicap Access Ramps in Diamond Bar. RECOMMENDATION It is recommended that the City Council accept the work performed by Perry Maness Industries, Inc. and authorize the City Clerk to file the proper Notice of Completion and to release any retention amounts after 35 days of filing, if no claims are made against the project. FINANCIAL SUMMARY This process of filing Notice of Completion has no financial impact on the City's 1994-1995 budget. BACKGROUND/ANALYSIS The City Council, at their regular meeting of May 17, 1994, awarded the contract for construction/modification of handicap access ramps in Diamond Bar to Perry Maness Industries, Inca, the lowest responsible bidder. The final construction contract amount, including change order items, was $30,755, compared to Budget of $82,980. On June 28, 1994, Perry Maness Industries, Inc. completed construction of the handicap access ramps. Staff has determined that the completed work is in accordance with the plans and specifications prepared and approved by the City. Prepared By• Anne Garvey b (D N y � x rxj rt. o m n :t:o En rt tri o d � � H Z O � y bd �' ro a n � c � r n 0 � y n � ro N � v 00 F-� � l0 f-+ �O .P STATEMENTS OF FACT A) The Cities geotechnical consultant (Leighton Associates) has not given written approval of Track Map 47851 whose key elements are gradeing,soils and geology. Leighton %has reviewed the developers work in these areas from the beginning. B) The specific actions of Leighton regarding Track 47851 are • 1) Failure to approve the geology and soils reports of Lots 18,19 (see attachment B-1). 2) Approved the March 23,1993 geology and soils reports under the conditions that geotechnical hazards be clearly disclosed to the future homeowners and recorded on the deed (see attachment B-2). If these conditions are not meet the approval is null and void. STATEMENT OF FACT (continued) C) The Council has a moral and ethical obligation to inform Potential purchasers of all lots that geologic hazards exists in Track 47851. 1) It cannot be assumed that lot failures (landslides) due to geologic hazards on 18,19 will not effect adjacent lots (17,20,16,21,etc ) 2) The city will be exposed to law suites if any of these lots fail and the owners were not informed of the hazards by the city who had prior knowledge. STATEMENT OF FACT (continued) D) The developer indicated the ability to remove these geologic hazards at the last council meeting.However,notes from a 5-25-94 meeting (attachment D-1) raises the following issues. 1) Need of a third party to assess soils : Question- is this because Leighton is not in agreement with others. 2) Refers to geologic hazards on lots 18,19 and restricted use on other lots. 3) Need to get Boy Scouts approval for Shear Keys and road 4) Possible changes to the E.I.R. 5) Factor Of Safety increased by water control. Question - If this is to be done by the lot purchaser its effectiveness is debateable. STATEMENT OF FACT (continued) E) The Agenda Report has the following deficiencies ; 1) Enviromental impact has not been assessed. 2) Report has not been reviewed by other commissions with citizen members. 3) The report states "all conditions of tentative map approval .... have been satisfied". However, a Sept. 19, 1991 interoffice memo from G.Wentz presents a Community Development Dept. requirement for a "Buyer Awareness Package" which contains pertinent geologic information. The contents of this package should be made available before a vote is taken on this issue. RECEIVED COMIMIUNITY Ar7ACt-J/M,6X/T 3' I 17 GEOTECHNICAL REVIEW SHEET LEIGHTON AND ASSOCIATES, INC. ]: L!.3 FOR CITY OF DIAMOND BAR, DEPARTMENT OF ENGINEERING 2910164-27 Tract(s) 47851 Date May 19 1994 Parent Tract Site Address Wagon Train Lane Geologist James R. Evans Soils Engineer Harrington Geo. Engineering Review of: X Grading P.C. No. Geologist Report(s) Dated _ Soils Report(s) Dated Geology and Soils Report(s) Other Action: Location/Owner Developer Diamond East Partners Engineer/Arch. Dated April 29 1994 Plan/Report is geotechnically approved X Plan/report not approved for reasons below for Include Plan/Report is geotechnically approved X Submit Plan/Report recheck. subject to conditions below. a copy of this review. Review Comments: 1. The factor of safety against landslide reactivation downslope of the proposed shear pins is less than the required minimum of 1.50. Based on the lack of available data with which to accurately define the slide geometry and the relatively high shear strength parameters assigned for along bedding analysis, we do not necessarily agree that the possibility of reactivation is "remote" Please respond tq Comment 2 of2 our April 7, 1994 review sheet. /Vo'tG -.T�- AJI-4 Q `� 8I J -Z) 2. The first paragraph of the geologic r Evans, April 13, 1994), is very confusing. What is a "centiclinal" axis - is this supposed to say anticlinal? Also, it appears, based on the geologic map, that the fold axis plunges south, not east. Please clarify. 3. A restricted use zone (structural setback) should be established where the potentially unstable landslide affects each lot. The final as -graded geotechnical map must show for restricted use areas. Reviewed by - - = ---- Date May 19. 1994 David C. Smith Reviewed byDate MaY-1 9 1994 Kay St. Peters Q LEIGHTON AND ASSOCIATES, INC. t3 --t 2910164-27 '. F}TTi9 c y M Cti� GEOTECHNICAL REVIEW SHEET LEIGHTON AND ASSOCIATES, INC. FOR CITY OF DIAMOND BAR, DEPARTMENT OF ENGINEERING Date Aril 7 1993 Tract(s) 47851 Location/Owner Parent Tract Site Address Geologist soils Engineer Har rin ton Geotechnical Inc. Review of: X Grading P.C. No. Geologist Reports) Dated Soils Report(s) Dated A Soils Report( Geology an _, Dated Other Developer Engineer/Arch. Action: Plan report not approved for reasons below X Plan/Report is geotechnically approved Submit Plan for recheck. Include X Plan/Report is geotechnically app a coag of this review. subject to conditions below. Review Comments: 1. Preliminary remedial designs for stashearation of the pins and usiingea shearart okey the landslide restrictedLots use 18 and 19 were evaluated .utilizing P zone (structural setback) should be established hese lotwhere the s basedon the tprojectedsback affects each lot and along the top o P50. scarp of any potential failure planes with factors of lude recommendations for the safety srestricted usehareana as -graded geotechnical map must inc 2. Both of the proposed stabilization mei��d r case,iif the landslbdeat ireactivates,building home (or apart of it), not the lots. In e owners will be left with a damaged lot, the consultant should address most their financial means. The geotechnical have ress the sue of who will reactivation of the slide could repairs of the lots perhaps yearssafter the site is responsible for the necessary reps developed and the developer is no long assod disclosed osed to the with it. homeowners oand hrecordedide on and its potential hazards shall be clearly, the deed. ,� Date April 7, 1993 Reviewed by 'A 'chart Phukunhaphan I?�_ Date Apri 1 7 , 1993 Reviewed by Kay St. Peters 0 5Tk) 77 lt7� If S'C- 10 L) 5 ! 5 1- r- - IAT J 00 I iNj �.1{�t"rte JUL-14-94 THU 16:01 - - - _ GAURI RAO IRWINDALE 818 851 0431 P.02 The Breastfeeding Task force of Greater los Angeles ------------ The Honorable Gary Werner; Mayor, Diamond Bar 21660 Copley Dr. ? Suite 100 Diamond Bar, CA 91765 .' Dear Mayor Gary Warner, July 14,1894 World Breastfeeding Week is celebrated internationally and nationally during the first week of August. The Breastfeeding Task Force of Greater los Angola and the WIC Program in Diamond Bar request that the City of Diamond Bar take a pioneer stence on the ism of breast-feeding and proclaim the first week in August (August 1- August 7) as "Diamond Bar Breastfeeding Week." Breastfeeding may prove to be the panacea for many of the problems facing our city ranging from the escalating levels of crime and violence to teen pregnancy and child abuse. Breastfed babies grow up with a sense of security, love and close emotional bonds with their mothers. Women who breastfead have very high self esteem and experience a very close loving relationship with their babies. We now know that insecurity, lack of familial love, child abuse and low self esteem are some of the root causes of the anti- social behaviors that are so pervasive in aur city today! Every mother deserves the emotional and physiological benefits of breastfeeding her baby. Every baby deserves the first cless nutrition guaranteed by mother's milk. Unfortunately breastfeeding is an endangered practice that needs the support of everyone in society to nurture it back to its full potent strength. Support must be provided on many fronts; in the physician's office, in the hospital, in mass media, in church, in the community and definitely in the city of Diamond Bar! I The city of Diamond Bar can awaken its residents to the importance of breastfeeding with the proclanation of Walnut Breastfeeding Week. This would be a significant fast step in making Breastfeeding the norm, the ideal feeding choice for all babies. We look forward to a positive response. We would be happy to answer any questions you might have. Thank you very much. The Breastfeeding Task Force of Greater los Angeles/WIC Program 11711 Sd"m Aw. lrrind&k ,find 11704 (111) 116- V AUG -01-1994 10:51 PHF-WIC IRWINDALE 818 813 9390 P.01 Public Health Foundation WIC Program 12781 Sdvbrum Avenue WrMUle, CA 87706 (818) 8564M FAX# 8 856-6630 (General) W818) 856-6632 (Nutr.Ils) FAX COVER SHEET FROM: K4,, �' Ay, ✓ NUMBER OF PAGES TRANSMITTED (including this cover sheet ADDITIONAL INFORMATION/COMMENTS: ap;offo 'i (fax. f* AUG -01-1994 10:51 PHF-WIC IRWINDALE L A Q r A 818 813 9390 q� PROCLAZIATXON WHPPEAS, the people of good heail.tn throughouteir 1-ett>tiZW,-' and _- nre deserving of WHEREAS, all avai.lOble knowledge indicates that human Milk optimally enhances the growth, development ancj woo i -being of the infant by providing the best possible nutrition, preitacti.on against specific infections and allergica, and the promotion of maternal. and ,infant bonding; and 9E-i$I4EAS, breastleadiny has beneiii.n ror• v:uc.iety Pbrottcji> i.t•.rnr1g4ir family bonds, women In Eulri,llment. or their _aspiratioint; tvr motherhood, and decreased health oa ,c, costs for infent.cs; And WHEREAS, tho Incidence and duration of breasti'eedi.ng among women in Kentucky is significantly lower than the national average, and is eespecially low among econolmipally disadvantagnd rnmi.li.es; antl WHEREAS, the prdct eco of breastfacrii.11g bas becomo .; lost: ar•r clue to social and economic pressures, Miauudertstandi.ngF& Qr lactation management, and a decrease in available, experienced hroastfesaing mothers for help and support; and WHEREAS, publIC health organization., support re-education of communities: abomt- tho advantages of broast.rnoding and the establishtnantr moi' nee+cicicl ouppor.'t systama t.rt rar;i1 it;gtct the initiation and continuation of breastfeeding a-, the no mal and cref rjAd infant feeding method; NOW, THEREFORE, T, - _- - as fir, do ' fiersby, proclaim Aupust, 19 92, ae .. ..--__ . RRMSTFEEDING AWARENES6 MOAN inand urge all citizens to join vie ,in support ng brreast��l'l19 as' a high priority for hoa lthier babies J,n our community. P.02 r . +d • AUCr01-1994 10:51 PHF-WIC IRWINDALE 81B 813 9390 P.03 PROCLAMATION Whereas, the Breastfeeding Task Force of Greater Los Angeles is a coalition of professionals who are committed to the promotion of breastfeeding; and Whereas, the goat of the Task Force is " to improve infant and family health by making breastfeeding the cultural norm by creating a supportive public environment to Positively impact the initiation and duration of breastfeeding"; and Whereas, compelling scientific evidence identifies breastfeeding as having positive effects on the health of the infant and its mother, and Whereas, the Federal Government in Healthy People 2000 has set our national goal to increase breastfeeding from a rate of 62% in 1989 to 75% by the year 2000; and Whereas, according to the US Department of Health and Human Services in 1991 68.2 percent of California mothers were breastfeeding in the hospital; and Whereas, only 30.30% of the mothers in los Angeles County who gave birth between May 1993 and April 1994 breastfed their babies; and Whereas, the week of August 1-7, is recognized internationally as Breastfeeding Week, a special time to promote, publicise and celebrate breastfeeding TOTAL P.03 RECEIVED 0610e -;:..amu FROM: WEST COu I rJA REG L I B T0� 909-861-3117 AUG 2+ 1994 12:23PM 9OZ7 •�� . _ _,__ .,, . �•u • � � ac �� � ncauuL .W tli5-RESi C+)b i .\•k REG L15 • = _ August 2 Agenda Item 8.3 COUNTY OF LOS ANGELES PUBLIC LIBRARY .A htr or too ►weRrs c pROpO$1lr0 COMMUNITY FACILITIES DISTRICT POR LIBRARY SQRVICES WHAT 19 THE COUNTY OF LOS ANGELES PUBLIC LIBRARY? a The Los Angeles County Public Library District Is a system of community libraries which serves most of the unincorporated areas of the County of Los Angeles as well as 52 of its 88 Incorporated cities. Though it is governed by the County Board of Supervisors, its financing comes primarily as a share of the service area's property taxes. Over 3.3 million people In a 3,000 square mile area rely on the County of Los Angeles Public Library for their Information needs els welt as for enjoyable reading. WHAT IS A COMMUNITY FACILMES DISTRICT (CFD)? • it Is a financing mechanism authorized in state law under the Mello -Roos Community facilities Act of 1982. That law allows a local agency to establish a community facilities diWct to OWN certain facilities and services provided by the agency. WHY IS THE PROPOSED CFD NEEDED? • The supplemental funding provided by the CFD will enable the County Library to restore services lost as a result of state property tax shift. Revenues generated in the proposed CFO are Intended to benefit all of the County Library service area which Includes 62 tides and most of the unincorporated county sroas. HOW WILL THE NEW FUNDS BE USED? • Funds will be used ONLY for the County Library. • Funds will be used to keep am $7 County Library service outlets open during fiscal year 1994.95. • Funds will be used to restore hours to a minhmum of 5 days per week at each library for fiscal year 1994-9S. Some libraries will be open 6 or 7 days per week. • Funds will be used to restore the Library's budget for books and'materials• • Funds will be used to restore full services and programs such eB story times, after - cultural programs for youth, homework assistance. Information services, literacy, outreach services, continuing education programs. etc. WHAT WILL HAPPEN WIRHOW ADDITIONAL FUNDS FROM THE CFD? • Without the additional revenue generated by the proposed CFO, the County Library will continue to operate. However, service levels wtfl be KnIted by the amount of remaining property tax, or $30 million• plus any one-time funding. The Library cannot provide service beyond its available Nnancirtp. • Fifty-one (51) library service outlets will be closed. • Service hours will be reduced an additional 43% for a total re ducdon of 780/6 from f 992.93 levels. • Lay off approximately 200 permanent and 100 hourly employees. WHAT WILL THE PROPOSED CFD COST? • Please see cost information on the other side of this page. IF YOU NEED ADDITIONAL INFORAUTTON, CONTACT YQUR LOCAL COUNTY LIBRARY RECE.ral pica ..." FROM:WEST CODINA REG LIB TO: 909-861-3117 ALG 2. 1994 12:23PM #027 9.03 ,vn"r� ;;:':.::; .wit..:�..w.•..,.�':......:",�.<':' ::...:... .>�;,:'�.�,• .�.�.. . CC1UMT-.N OP tL PROPOW WORM" �IClL1 E9 1 r PJSCA�YE�[�1r�pWV� •. .. .. Examples of benest charges on non-residential psroels: 1. A store or supermarket located on a one-half we parcel 0.5 Acre X 7.0 EDU'$ per Acre X 0.5 Benefit Factor - 1.75 Benefit UA48 X $28.50 • $49.88 2. A service station located on a on"uarter we peroel 0.23 Acre X 7.0 EDU'a per Acre X 0.25 Benefit Factor . 0.4375 Benefit Units X $28.50 w SIL47 3. An office building located on a one acre parcel 1.0 Acre X 7.0 EDU's per Acre X 0.75 Benefit Factor - 5.25 Benefit UndS X 828.50 • S148.63 7.3 f lu '1 VP�E..OP PROP • ,. ,: 111+11'1U/lik tilizN110:W) Single family Residential $28.50 per unit (including condominiums) Multi -Fa mlly Aesidental $21.38 per unit Mobile Horne $1425 per unit Non-Reskendal Charge Is cticulated as follows: (7.0 EDIJ's per Acre for *9 5 Acres) plus Based on the median der%94 for Single (0.873 EDU's for each additional Acre) multlpiied Family Residential in Los Angeles by the benefit factor for type of non-residential County of 7 Equivalent Dwelling Units property uss. (EDU's) per Aare On Exomptes Below Vacant $3.56 per parcel (Single Family ResideMiai) Vacant $24.94 per acre (to maximum of 5 ansa) (Non -Single Family Residential) $3.56 minimum change Examples of benest charges on non-residential psroels: 1. A store or supermarket located on a one-half we parcel 0.5 Acre X 7.0 EDU'$ per Acre X 0.5 Benefit Factor - 1.75 Benefit UA48 X $28.50 • $49.88 2. A service station located on a on"uarter we peroel 0.23 Acre X 7.0 EDU'a per Acre X 0.25 Benefit Factor . 0.4375 Benefit Units X $28.50 w SIL47 3. An office building located on a one acre parcel 1.0 Acre X 7.0 EDU's per Acre X 0.75 Benefit Factor - 5.25 Benefit UndS X 828.50 • S148.63 7.3 f lu 'rr rjFROM:WEST COVINA REG LIB T0: 909-861-3117 AUG 2, 1994 12:24PM #027 P.04 COUNTY OF LOS ANGELES PUBLIC LIBRARY QUESTION AND ANSWER SHEET PROPOSED COMMUNITY FACILITIES DISTRICT FOR LIBRARY SERVICES The County PU MC t.UDY has subaMted a proposal to lhe:Bowd of Superweors to establish a CarwrturAy i=aclMues tyletrsot {C!!D) and b otNeru des p provide OF' srrgritai tktanoktp for lbrwy eaviose. The proposed CFD Is a dmrized under the McMo-Roos Filditles Act of 119®2. If approved by the Board of Sup wAms. famsilon at ft CFD will result in Mie Levy of biln6A Otttrpas which will appear on the regular property batt bili for POP" lot: M within the district boundaries. FallwWo are some of the Md oon=wOy 8*0 quesllons about this new financing propmd �. Whtt Is • cotnnartfty taogitles dhtrist (CFD)7 It Is a finailolnq medttnlsm autboffsed In shaft law uncimVo Melo-Roos Community Fadutles Act of 1902. That law allow: a local agency to establish a cormrtitrlky fa0klitles dbhid to finance cartsin Willies and serwoew provided by the agency. 2. Why do 11140 to pay mors for library eenvioss? The County Library has lost newly half of Me budget Over the past three years, and is no longer able to maintain crxrsnl levels of senbe. The Lbrary budget Is dependent almost ardiroly on property taxes, which have been etdlted by tine Stals to help *Ad educallom The County Library now hes no other revenue source aaNabls to repisce lost pMperty tax revenues. 3. WIII I be able to vote on Nile matter? The formation of a CFD for ext fWW library serWces is app uml by a vola of We Oourty Board of &+pe Ism. and doe: not rs� an sMdbn. fit WA thins is a fomwl mejority pretest pmcedure established M the law. A public hemi ng will be amkicled an August 30110 provide an olpora+nity for the public to on kVA 6 the ftaid belote • fkW dediftri is made At the pubic the Board. At the coq all wriW co w tp =a be WwOM hconsidered at lose � ol the ngistered the concwston of itN hw*g the voters in the proposed dkwtct, or the owners of al least hall of the WW area In the proposed district, file wA1ton pmtNN. 4. How touch will I have to pay? Whin will the chaps bspht. and how will It be 6011401601? The benelit c limps for singes-lanWy residential parcels will be $20.60 per dw@Mm unk. Muiti4amily residential and mobr6 lone parols will be charged at a reduced raw per dwelling unit. Non- rstideMiel pwc* will be duWd based on the area at the land and the type of land use On the pairel relative to a skVM41kn* Homs. The dmvp will be coNOW on the regular property tax bill beginning with the bill for 104-96. [ RECEIVED 08/02 11:58 1994 AT =,L-=� - -' #02? P.05 FROM:WEST CODINA REG LIB TO: 909-861-3117 ALG 2. 1994 12:25PM S. VIIIB the arnoord of " charge kw""07 The Board of Supervtsars wig oondud an annual review of the d"aa leered for this district. The amount of tha charas must be limited to the coat of the service, and cannot be Increased 21OWNW- 6. Wtgit giddltional sorokA can i expW for this ahUP? Tho Objedlve of establishing the proposed CFD Ica to P^OMS addlffonril it*'& b 04WW Il MY services to the kvois thMt existed In that year 19f _9.1: Tft ffMj* Mat #0 Mwadea will be OW extra days OM fonoor hors than toy as MO, and will itm rwo books and other 16" ma od& givgigabte. You will Cho *W girt increase in MxW eorvices and PVOWM' T. Will every oltji be trtewded In the pr"MM CFO? No.The proposed CFD &loo or*, the S2 d"s and the OOuftll ur*x prawd areas NfM by the 4UMy of Los Mg"f�ubilo Llbrafy. The aourrty fJvWd of qupertybM M make the do*ion to WWLNIe the urtirtvorporM anal In the CFD. Under tine tato, Ilse'aaM d Soper* may inducle a ft in the CFD only il that city gives its cornets to On county. L How do I let my a" know taw I feed about being MAW" in 1" P"*"" CFD? ty Most Oltise will be ooneiderin0 wM"r they went 10 be inducted in the proposed CFD for CoudkY r filmy services at one of their COXM l maa*W In �R• You mw � b gl =0pW r that council made 04 let Y" ooultol kftttw wM you thein about bOl library arvice b your ally can be hnproved. 9. Why does my dht nod to fflw its Consent to the OWAW to pmoeed with Ihla PMOMMI The wttwflfy of the Boatel of $ups to a CFD IS AlillNd to t"uu "MoMoless c d VOL The Bard may not lrwkW* a * wilftin the bour4ditdu d tM proposed " as 10. Why not just ohUGO OVOY ne who uses the tibrery • fee br their IbrMy cud7 it is not lead for pabib (brad" to "go their residents a tee for providing basic ibrary se'wace• 1 t . isn't this realty just A way wound Propoailion 13 to 0" higher propwtY twos? the pwpow benefil No. The law distingu*W between taxon and assess iioonss has cw pried ion the lonnsl nos Charge is not a pmpoft tax. Caft" nous thatber+etft durpes an rot subj� 14 the between taxes and outer 411111`110L��'� ibp0ei�m 13. constiluuionai rostr 10M on ad vabrom propony Was or apodal traces enacted by ' ecaeu !>6M ASPHALT -RUBBER Aug. 2 Agenda item 6. Definitions and "Tire Facts" THE PRODUCT ASPHALT -RUBBER is a blend of 75-80% pavin rade aspnen ano extenuyi elm .,-, ..__ ... a o� time tamnerature formula and used as a membrane or binder. In 1987, 7ASTM following definition of Asphalt -Rubber: ASTM DEFINITION D8-88: 'A blend of asphalt cement, reclaimed tire rubber, and certain additives in which the rubber component is at least 15% by weight of the total blend and has reacted in the hot asphalt sufficiently to cause swelling of the rubber particles.' THE APPLICATIONS ASPHALT -RUBBER AND AGGREGATE MEMBRANE (ARAM): A spray application, usually .55 to .70 gallons per square yard, of hot, reacted Asphalt -Rubber, followed by a hot, pre -coated aggregate at a rate of 30 to 40 lbs. per square yard. Used as a waterproofing, flexible, skid resistant surface treatment, or as an INTERLAYER STRESS ABSORBING MEMBRANE (SAM) and STRESS ABSORBING MEMBRANE INTERLAYER (SAMI): Original terminology for Asphalt -Rubber and Aggregate Membrane (ARAM) and ARAM INTERLAYER described above. Same application process and ratios. Still used in the industry and may be found in some specifications. ASPHALT -RUBBER CAPE SEAL: An Asphalt -Rubber and Aggregate Membrane (ARAM) covered with a Type II Slurry. Used in areas, primarily residential, where a smoother surface than an ARAM is desired. Also has less poten- tial for loose rock. Fact: The spray applied applications described above will recycle 42.25 scrap tires in each ton of binder. This amounts to approximate 700 tires utilized in each lane mile of pavement. ASPHALT -RUBBER HOT MIX (ARHM): A combination of mixed aggregate gradation and reacted Asphalt -Rub- ber Binder blended in a hot plant or pugmill and applied with conventional paving equipment. Used to provide a more durable, flexible, age and crack resistant surface. *TWO LAYER SYSTEM. Asphalt -Rubber Hot Mix (ARHM) placed over an ARAM Interlayer. *THREE LAYER SYSTEM. A conventional dense graded leveling course, an ARAM Interlayer and an ARHM Surface Course. *The systems described above have been used by many California agencies as an alternative to TOTAL RECONSTRUCTION at a 50% or better cost saving. Fact: The Asphalt -Rubber Hat Mix Will recycle 33 scr,ap tires for each ton of total prix. A two inch overlay of ARKM will uti- lize 2500 tires per lane tulle. Combinations of the system can recycle up to 4,400 tires per lane mile. For assistance in using ARHM equivalency tables or to arrange for a presentation of Manhole Adjusting's 15 minute video showing the blending process of the asphalt and rubber and the various applications described above, call: (213) 725-1387 6—THEMANHOLEMESSENGER VOL.3. NO.2 AL RUMPILLA 8/2/94 23958 GOLDEN SPRINGS DRIVE DIAMOND BAR, CA 91765 PHONE # (909) 861-8898 FAX # (909) 861-8898 AGENDA NO 8.3 Taxes I WANT TO TALK ABOUT FINANCING OUR LIBRARY. THIS COUNCIL JUST PASSED THE ANNUAL BUDGET FOR 1994-95 IN WHICH THE CITY HAS ALLOCATED $160,000.00 DOLLARS TO KEEP OUR LIBRARY OPEN FOR TWO EXTRA DAYS. NOW L.A COUNTY IS PROPOSING A MELLO-ROOS DISTRICT TO FUND THEIR LIBRARY SYSTEM, AND WANTS THIS COUNCIL TO GO ALONG WITH THEIR IDEAL. IF THE CITY BUYS OFF ON THIS DEAL, IT IS ESTIMATED THAT A PARCEL TAX OF $30.00 PER YEAR WOULD BE ADDED TO OUR TAX BILL. WORKING ON 17,813 PARCEL TIMES $30.00 = $534,390.00 DOLLARS. YESTERDAY IN THE TRIBUNE THE COUNTY ALSO WANTS TO ADD ANOTHER FEE OF $24.00 TO RAISE FUNDS FOR LOCAL PARKS. SO IF WE ADD THE $24.00 DOLLARS, PARKS, THE $30.00 DOLLARS FOR MELLO ROOS, AND THE $8.98, THAT ADDS UP TO $62.98 WHICH WILL BE ON YOUR NEW TAX BILL IF ALL GOES WELL FOR THE CITY AND COUNTY. I BELIEVE THIS COUNCIL SHOULD HAVE NOTHING TO DO WITH THE MELLO-ROOS DISTRICT AT THIS TIME, OR ANY OTHER TAXES THAT ARE PROPOSED BY L.A. COUNTY. I SPOKE TO THE HOWARD JARVIS TAXPAYERS ASSOCIATION TODAY TO GET A CLEAR VIEW OF WHAT A MELLO-ROOS DISTRICT IS. THE MELLO-ROOS LAW PROVIDES CLEAR AUTHORITY TO IMPOSE SPECIAL TAXES UPON A 2/3 VOTE FOR EXTENDED SERVICES. THE COUNTY CLAIMS THAT SECTION 53342, OF THE MELLO-ROOS DISTRICT IS WHAT GIVES THEM THE RIGHT TO TRY IMPOSE THESE SPECIAL FEES. I BELIEVE L.A. COUNTY IS ON THIN LEGAL GROUNDS WITH ITS PROPOSED LEVY. I TRULY FEEL THAT THE COUNTY AND ANY CITIES THAT JUMP ABOARD WILL BE SUED IN A COURT OF LAW, AND LOSE. THEREFORE I FEEL THE CITY SHOULD RETAIN THE $160,000.00 DOLLARS THAT IS ALREADY ALLOCATED IN OUR BUDGET FOR THE LIBRARY, BUT, NO FUTURE MONIES SHOULD BE SPENT UNTIL THE COUNTY OF LOS ANGELES IS ABLE TO PASS AND UP HOLD THEIR ARGUMENT FOR THE MELLO-ROOS IN THE COURTS. I URGE THIS COUNCIL TO SAVE TAX -PAYERS MONIES AND STAY OUT OF COURT. MR. RUMPILLA.�C�( Utility tax issue may resurface in Covina Council to decide if proposal will go on ballot 7a11qvuc S -2 -It By Bili Hethernan STAFF WRITER COVINA — The talk of the town a year ago, a utility tax could take center stage again in a citywide election in November. Many city officials say a pro- posed 8.25 percent tax is the fai- rest way to eliminate a $2 million budget deficit. Without new reve- nue, tax backers say, the city I brary or a fire station could be closed, recreational services could be short-circuited, and four police detectives could be reassigned. So the City Council tonight will decide whether to put the ,utility tax and a separate card - club proposal on the Nov. 8 ballot. Both would be advisory measures, and the outcome would not bind the City Council. Except for Chris Christiansen, all the council members have said they see no way to deal with the thorny utility tax issue other than let the voters decide. The previous council enacted a 6 percent utility tax in October 1992, and all five members were recalled nine months later. The card -club issue must go before the electorate, according to state law. A majority of residents at re- cent town hall -style council meet- ings said they want a utility tax. They fear that having a public vote will kill the idea. "If people in Covina see the word 'tax' on the ballot they're going to say no," said Clara Ruck - man, a tax proponent. Councilman Tom Falls disput- eouNCIL MEETING THE COVINA CITY COUNCIL meets at 7:30 tonight in the City Hall Council Chambers, 125 Col- lege St. ed that notion. "lf you put as much effort in telling your friends to vote as you did in coming to these meetings, you should have no problem," Falls told tax supporters last week. He said a card club is too risky because of potential crime prob- lems. Christiansen agreed. Hank Vagt, a Covina business- man who helped get the previous council ousted, said the current council would be inviting another recall if it doesn't put the utility tax to a vote. A third revenue-producing op- tion the council is exploring is an assessment district for fire servic- es. That would have to go on the ballot only if more than 10 per- cent of affected property owners protested. —The election will cost the city $19,000. County officials propose an an- nual assessment as a way to save .� the county's 87 -branch library sz tem. The initial tax would be $28.50 this year for single-family homeowners. Cities have until the end of this month to decide whether to join the district. La Verne' put "$90" on the bal- lot as leeway in case the county increased the fee in succeeding yam• The county's $28.50 figure isn't set, however. The Board of Super- visors could reduce it to as low as $20, said Michael Garofalo, admin- istrator for the county library sys- tem's eastern region, which in- cludes 13 cities. The idea of funding libraries through an assessment district is so new that some experts question whether it's legal. Under Proposi- tion 13, assessments must be ap- proved by two-thirds of the voters. So far Duarte is the only city in the east region that has decided to join the district. San Dimas officials say the City Council may make a decision Aug. 9 or 23. "No one said no. Everyone said maybe," Garofalo said. "Obvi- ously, they have to study it." If La Verne joins the district, the county -run library at 3690 D St would be open four days a week, county officials say. Right now it is open Tuesdays and Thursdays. If the city doesn't participate this year, the library would stay on its present schedule, the coun- ty says. Library bailout A M vote due La Verne demands voice in county plan 'I ipir�'rM 5-2- i By Ruby Gonzales STS WmTm LA VERNE — Property owners here will get a say on whether they'll pay as much as $30 a year to increase service hours at the local library. The City Council voted 3-0 last night to delay putting the city in a countywide library tax district until residents have voted on the issue Nov. 8. The tax "it would would also help provide take a major funds for addi- tional library change in materials. council "It would take a major policy if we change in didn't take It council policy if we didn't to the public take it to the public for a for a vote" vote," Mayor Jon Blickenstaff Jon Blicken- Mayor, staff said. Council. members Robert Rodriguez and Thomas Harvey were absent from the meeting. TUESDAY, AUGUST 2, 1994 West Covina council expected p cted to OK widen a of specialized ,kJAI,f _z_ rag p user fees By Chip Jacobs STAW WRITER WEST COVINA — Taxpayers ranging from dog owners to devel- opers will be paying more if the City Council, as expected, adopts a bevy of new and increased fees tonight. The fees would generate about $550,000 annually for the city's re- cession -weakened treasury. The idea, city officials say, is to charge homeowners and busi- nesses that need specialized city services the full cost of those ser. vices, instead of having all taxpay. ers continue subsidizing them. Council members will consider 148 fees, most of which are al. ready on the books. Whatever they approve will probably take effect by mid-September. Dog owners,. for instance, would shell out $30 to license FEES TO BE DISCUSSED THE WEST COVINA CITY COUN- CIL will hear a presentation . on 148 new or increased fees at 5:30 p.m. today at City Hall, 1444 W. Garvey Ave. The council is expected to vote on the levies at its regular meeting at 7:30 p.m. their pets — a 50 percent in- crease. For the fust time, developers would pay a $75 filing fee, plus $56.50 per hour for staff time, to get officials to review their pre- liminary building plans. Businesses facing fire inspec- tions would have to pay from $30 to $800 for the service, depending on the building size. That alone could raise about $300,000 a year for the city, otricials say. Police would start charging for the arrests, reports and investiga• tions of suspected drunken driv. ers — fees that could produce $87,000 a year. Councilman Steve Herfert said the city has been studying the Proposals for months and expects little opposition from residents or businesses. The charges are part of the $46.6 million budget the council passed two weeks ago. "Ninety-five percent of our res- idents will never see any of these fees," Herfert said. "I don't think they'll be controversial." The proposals were developed by an Orange County consulting group the city hired in April 1993, Some of the revenue generated would offset the tax money lost if the BKK Landfill closes next year, officials said. CITY OF DIAMOND BAR AGENDA NO.: _(4s AGENDA REPORT TO: Terrence L. Belanger, City Manager REPORT DATE. July 14, 1994 MEETING DATE: August 2, 1994 FROM:,George A. Wentz, Interim City Engineer TITLE: Release of Grading Cash Bonds Posted for Burger King at 527 S. Grand Avenue in Diamond Bar. STJNIlKARY The City of Diamond Bar desires to release the cash bonds posted for grading of Burger King site, located at 527 S. Grand Avenue in the amounts of $2,700.00 and $9,300.00. RECOMMENDATION: It is recommended that the City Council approve and accept the completeBar in d work and release the cash bonds which a tau ant grading ere posted with the 527 S. GrandoAvenue in June and September 07009 00 for93 restaurant $9,300.00 respectively. Further, it is the amounts of $2,l instruct the Card recommended that the City CofnAmer ca of the Citycouncil'sto Investments, Inc., and Bank Public Hearing Notification LIST OF ATTACHN(ENTResolutions) Staff Report — Bid Specification (on file Resin City Clerk's Office) _ Ordinance(s) X Other: Final Engineering & _ Agreement(s) Planning Sign -Off and Copy of Bond EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A by the City Attorney?Majorit y 2. Does the report require a majority or 4/5 vote? N/A 3. Has environmental impact been assessed? Yes x No 4. Has the report been reviewed by a Commission? s N/A Which Commission?x No 5. Are other departments affected by thaffectedreport? Yes departments• N/A Report discussed with the following VFUTRWED BY: Fran A. Ushe orge We errence L. Belan r nterim City Engineer City Manager Assistant City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 2, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Release of Grading Cash Bonds Posted for Burger King at 527 S. Grand Avenue in Diamond Bar ISSUE STATEMENT: The City of Diamond Bar desires to release the cash bonds posted for grading of Burger King site, located at 527 S. Grand Avenue in the amounts of $2,700 and $9,300. RECOMMENDATION: It is recommended that the City Council approve and accept the completed work and release the Cash Bonds which were posted with the City of Diamond Bar in June and September of 1993 for restaurant grading at 527 S. Grand Avenue in the amounts of $2,700.00 and $9,300.00 respectively. Further, it is recommended that the City Council instruct the City Clerk to notify Card Investments, Inc., and Bank of America of the City Council's action. FINANCIAL SUMMARY: This recommendation has no financial impact on the City's 1994-1995 budget. BACKGROUND: The grading on this 1.2 acre lot was for a 4,300 square foot fast food restaurant (Burger King). The initial Cash Bond of $2,700 was posted with the City of Diamond Bar in June of 1993 for the restaurant grading. The additional Cash Bond of $9,300 was posted with the City of Diamond Bar in September of 1993 for installation of the parking lot pavers which were shown on the originally approved plans but were not installed when Certificate of Occupancy was requested. The lot was inspected and final grade was approved on September 15, 1993 by the City's Public Works Inspector. The pavers were later abandoned by action of the Planning Commission who also required the applicant to place additional landscaping on site. Inspection of the site by City Planning staff deems that mandate to have been complied with. Therefore, we now recommend that the bonds which were posted with the City of Diamond Bar be released. PAGE 2 CITY COUNCIL REPORT AUGUST 21 1994 DISCUSSION: The following listed cash bonds need to be released: Address: Owner: Parcel No.: Account No.: Principal: Amount: Address: Owner: Parcel No.: Account No.: Principal: Amount: PREPARED BY: Anne M. Garvey 527 S. Grand Avenue Card Investments 15625 23462-00048 Bank of America 12..,_7 0 527 S. Grand Avenue Card Investments 15625 23467-00083 Bank of America 12.L300 �-, Eh�GINEEF'ING' -PON AhIACF t OF DYOND' �BAt 21660 E. COPLE'Y DRIVE. SUTTE 100 DIAMOND $AR.14-86 76' 714 -860 -CITY • -2489 SUVrRVISED GRADING INSPECTION CERTIFICATE PERMIT NO. T OB ADDRESS/TRACT SO- CONTRACTOR — f KfSER .� >OIL5 gNGINEER'S ROUGH GRADING CERTIFT-CATION compacted in compliance with requ�.z=sno •f that the earth fills place enun the -following lots were installed u enremen t :' cern Y ind properly prepared base materia of buttr 3u.ilding Code Section 7010• I further certify that where the report or eezing geologist,. relative to this ti on5inFasuzes,Kesuchenearthwork.ed the Sconsarucnion has b -ngin stabilxxa Ills or other similar :omFleted in accordance with the approved design. .OT NOS • recos,'nended allowable s° for ccnpact on test data, ;ee report dated ,earing values and other recommendations- _Xp?NSIVE SOILS (YES) (NO) LOT NOS. - Y= ;U'TTRESS FILLS (YES) (No) LOT NOS • rz _ Ll 2E1•IA�?KS C i� L _ , ; = + Date :naineer iC` r2i-:9ui. [iir` �✓/ �rk i3::Cii.v�t��,t< 5zgnatiuze ��- u�w--t�i:tu ,. A )ING gNCIVEER' S ROUGn GRAD:LNG CERTIFICATION,/ ooaroxim; ;U��RvxSltiG G? 'including: grading to to the satisfactory completion of rough grading. certify r.o erty line located and staked; cul and fill slopes correctly g2 ac final elevations, p P broved design; SW and terraces graded ready final , and located in accordance with the aP_ the building Berns installed; and required drainage slopes provided on Raving, •. re ort or reports of an engineering geolocis:. andlc: so: Further certify that where P this si-tre, the reco,,-,endations contained in s engineer have been prepared relativeesecu`io-a of tbj% Work. �w �, reports have been followed in the P- Q�OF%SS�C3•'a LOT NOS. — —TT - Rog. �Io. ff-GU �-- 1roa Engineer, ING CERTIFIC;M011 sT CIY11 �� SUpFRVZSING GZADING ENGI—S ER' S FT) G 4T t � pproved plans cpm Io_tion of grading in accOrdanclanting a �� shed. ani' irriga- I certify to the satisfactory have been installed: slope have been fade for araina All rec,uxrea drainage devices -ea). and adequate p ee= and tion systems provided (where rc the �:e te. T;�e zecorunendatvenbeen incorgoatedgin of svxface waters £nom eac'' were employed) have 0 � or engineering geologist ( p,VTH 9� LOT NOS- ' No. 24808 F;c•`�3 ICS 6 Exp.12"31ig Engineer sj. C1V1�- \� OFCA0F j ate � eg. NO.0 ��$• - Dar 9 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Anne Garvey, Associate Engineer FROM: Rob Searcy, Associate Planner rl SUBJECT: Refund of Cash Deposit in Lieu of Bond DATE: July 12, 1994 Please process a refund for Burger King in the amount of $12,000 $9,300 deposit that was required for which will include the parking lot pavers. Commission. The Pavers were abandoned by action of the Planning licant to place Planning Commission, however, did require the app on site. Inspection of the site deems additional landscaping that mandate to have been complied with. \ja CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) ACRNOWLEDGEMBNT AND CONSENT OF FINANCIAL INSTITUTION BANK OF AMERICA, GRAND AND DIAMOND BAR OFFICE (hereinafter "Financial Institution") hereby acknowledges CHARLES COBB AND ROBERT CHIU that OF CARDS INVESTMENTS, INC. (hereinafter "Depositor") has deposited with Financial Institution the sum of $�_7QQ -WN-no Financial Institution acknowledges and agrees that the foregoing deposit stands in the name of the City of Diamond Bar, a California municipal corporation (hereinafter the "City"), and that the City is the owner of such account. No funds shall be withdrawn from said account without the express, written consent of the City; provided, however, that any interest earned on the deposit shall belong to the Depositor. Financial Institution further acknowledges and agrees that upon written instructions from the City, Financial Institution shall immediately pay to the City such amount (not exceeding, in the aggregate, the sum specified above) as may be requested by City. Financial Institution further acknowledges and agrees that such funds shall be paid to the City notwithstanding any contrary instructions that may have been given by the Depositor. Financial Institution represents to City and warrants that the entire amount of the principle on deposit as provided herein is insured through the Federal Deposit Insurance Corporation (FDIC) or the Federal Savings and Loan Insurance Corporation (FSLIC). WHEREFORE, this acknowledgement and consent is executed this day of JUNE 26. 19 93 FINANCIAL INSTITUTION: BANK OF AMERICA, GRAND AND DIAMOND BAR By: JaUN I "1K, CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR is MATERIAL) ACKNOWLEDGEMENT AND CONSENT OF FINANCIAL INSTITUTION (hereinafter "Financial Institution") hereby acknowledges that o ,. D Z;' VE1 ^( )C--: C--:N7-'S7 -IN�,(hereinafter "Depositor") has deposited with Financial Institution the sum of Financial Institution acknowledges and agrees that the foregoing deposit stands in the name of the City of Diamond Bar, a California municipal corporation (hereinafter the "City"), and that the City is the owner of such account. No funds shall be withdrawn from said account without the express, written consent of the City; provided, however, that any interest earned on the deposit shall belong to the Depositor. Financial Institution further acknowledges and agrees that upon written instructions from the City, Financial Institution shall immediately pay to the City such amount (not exceeding, in the aggregate, the sum specified above) as may be requested by City. Financial Institution further acknowledges and agrees that such funds shall be paid to the City notwithstanding any contrary instructions that may have been given by the Depositor. Financial. Institution represents to City and warrants that the entire amount of the principle on deposit as provided herein is insured through the Federal Deposit Insurance Corporation (FDIC) or the Federal Savings and Loan Insurance Corporation (FSLIC). 77;� RE, this acknowledgement and consent is executed this day o f , 19 FINANCIAL INSTITUTION: GRAND & DIAMOND BAR BR. 0W.4ON FORMA 2346 B CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L.- Belanger, City Manager MEETING DATE: August 2, 1994 REPORT DATE: July 27, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Diamond Bar Boulevard Reconstruction/Rehabilitation Between Grand Avenue and Brea Canyon Road SUMMARY: Diamond Bar Boulevard, between Grand Avenue and Brea Canyon Road, is in need of pavement rehabilitation and/or reconstruction. The existing pavement for Diamond Bar Boulevard has been analyzed and evaluated in order to determine the most practical and economical approach for the roadway improvements. Based on the findings of the pavement evaluation, plans and specifications for the project have been prepared. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to approve the plans and specifications of the Diamond Bar Boulevard Reconstruction/Rehabilitation Project and authorize the City Clerk to advertise the project for bids. LIST OF ATTACHMENTS: X Staff Report X Resolution _ Ordinances(s) _ 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: REVIEWED BY: -*ft 111� Terrence L. Belanger City Manager Frank M. Ushef Assistant City Manager C:\WP60\LINDAKAY\AGENDA-9\DBrehab.802 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 2, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Diamond Bar Boulevard Reconstruction/Rehabilitation Between Grand Avenue and Brea Canyon Road ISSUE STATEMENT Diamond Bar Boulevard, between Grand Avenue and Brea Canyon Road, is in need of pavement rehabilitation and/or reconstruction. Based on the findings of the pavement evaluation, plans and specifications have been designed and completed accordingly. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to approve the plans and specifications of the Diamond Bar Boulevard Reconstruction/Rehabilitation Project and authorize the City Clerk to advertise the project for bids. FINANCIAL SUMMARY: The Diamond Bar Boulevard Reconstruction/Rehabilitation Project is estimated to cost $1,000,000, excluding any contingencies. The total allocated project budget is $1,078,000. Said budget consists of $400,000 Gas Tax Fund, $450,000'Prop. C Fund, $150,000 Prop. A Fund, $50,000 SB 821 Fund, and $28,000 developer's fee. BACKGROUND/DISCUSSION: Diamond Bar Boulevard, between Grand Avenue and Brea Canyon Road, is in need of pavement rehabilitation and/or reconstruction. To determine the most practical and economical approach for restoring the street to full function, the existing pavement on Diamond Bar Boulevard has been tested, analyzed, and evaluated. Based on the findings of the pavement evaluation, asphalt rubber hot mix (ARHM) overlay of various thickness (1 1/4" - 2 1/2") will be utilized. Additionally, the northbound number two lane from Pathfinder Road to Quail Summit Drive and the southbound number two lane from Grand Avenue to Quail Summit Drive will be reconstructed with 2 1/2" ARHM/2 1/2" AC/16" Class 2 aggregate base. Diamond Bar Blvd_ August 2, 1994 Page Two Plans and specifications for the project have been prepared. The work to be performed under the specifications consists of the rehabilitation/reconstruction of the existing road pavement, striping, and construction of concrete bus pads. The project area includes approximately 3.2 miles of Diamond Bar Boulevard. Key aspects of requirements placed upon the contractor includes: • Plan and schedule to be submitted at least fourteen (14) calendar days before start of work. • Traffic control plans, as prepared by the City. • Notification to utility owners and other public agencies. • Completion of all work within sixty (60) calendar days. • Liquidated damages of $500/day for non-performance. • Alternate bid items such as conventional hot -mix or plant -mix asphalt concrete All customary insurance and bonds have been included. Staff has prepared a tentative schedule for the various project activities. They are as follows: Plans and specifications to City Council for approval and authorize City Clerk to advertise for bids Bid opening Award of Contract Notice to Proceed Start of Construction Completion of Construction Prepared By: David G. Liu C:\WP60\LINDAKAY\CCR-94\DBrehab.802 August 2, 1994 August 24, 1994 September 6, 1994 September 19, 1994 September 19, 1994 November 19, 1994 RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE DIAMOND BAR BOULEVARD RECONSTRUCTION/REHABILITATION PROJECT, BETWEEN GRAND AVENUE AND BREA CANYON ROAD AND IN SAID CITY AND AUTHORISING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City. WHEREAS, the City has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City be and are hereby approved as the plans and specifications for: The Diamond Bar Boulevard Reconstruction/Rehabilitation Project BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications,, which said advertisement shall be in form and content as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the work: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, directing this notice, NOTICE IS HEREBY GIVEN that 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 1 hour of 10:00_A.M. on the 24th day of August, 1994, sealed bids or proposals for: The Diamond Bar Boulevard Reconstruction/Rehabilitation Proiect in said City. Bids will be opened and publicly read immediately thereafter. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar clearly marked: "Bid: City of Diamond Bar, Diamond Bar Boulevard Reconstruction/Rehabilitation Project, to be opened at 10:00 A.M. on August 24, 1994" PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk, 21660 E. Copley Drive, Suite 100, Diamond Bar, California, and are available to any interested party on request. The Agency also shall cause a copy of such determinations to be posted at the job site. 2 Pursuant to Labor Code § 1775, the Contractor shall forfeit, as penalty to the 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. In accordance with the provisions of § 1777.5 of the Labor Code, as amended, 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 § S 1777.5 and 177.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. § 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 employment in the area of coverage by the joint apprenticeship committee has exceeded an 3 average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of § § 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. 4 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, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code § 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City. 5 If the City awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that -he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class A and/or C12 contractor at time of bid 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. 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. Copies of the plans and specifications 2 will be furnished upon application to the City and payment of $30.00, said $30.00 is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of $10.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City. In accordance with the requirements of Section 9-3.2 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 and the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar reserves the right to reject any and all bids. No bidder may withdraw a bid for a period of sixty (60) days after the date of the bid opening. By order of the City Council of the City of Diamond Bar. PASSED, APPROVED, AND ADOPTED this day of , 1994. Mayor 7 I, LYNDA BURGESS, that the foregoing a regular meeting held on the vote: AYES: NOES: ABSENT: ABSTAIN: the City Clerk of Diamond Bar, do hereby certify Resolution was passed, adopted and approved at of the City Council of the City of Diamond Bar day of COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ATTEST: 8 , 1994 by the following City Clerk CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. �•` TO: Terrence L. Belanger, City Manager MEETING DATE: August 2, 1994-,':�`. REPORT DATE: July 28, 1994 FROM: Linda G. Magnuson,' Accounting Manager TITLE: Temporary Services - Finance Department Maternity Leave Coverage lylV,fA The City's Finance Department currently consists of three staff members. The positions are Accounting Manager, Senior Accountant, and a three quarter time Account Clerk. The Senior Accountant and the Account Clerk are both pregnant and will be going on maternity leave August 12, 1994. It is necessary to hire temporary personnel during the absence of both staff members. RECOMMENDATION: It is recommended that the City Council approve a contract with Accountants Overload for the temporary services for the Account Clerk position at an estimated cost of $6,500. It is also recommended that the City Council approve a contract with Moreland and Associates for the Senior Accountant position at an estimated cost of $15,200. The total amount requested is $21,700. The amount currently budgeted for professional services is inadequate to cover the cost of services being recommended, it is therefore requested that a budget amendment be approved to allow for these proposed contracts. An additional appropriation of $15,700 is required. 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 _ Yes_ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? _ Yes_ No 4. Has the report been reviewed by a Commission? _ Yes_ No Which Commission? 5. Are other departments affected by the report? _ Yes_ No Report discussed with the following affected departments: REVIEWED BY: T re ce Belanger Frank Mf 13shei-r-/Linda G. MhcMuson City Manaq#r Assistant City Manager Accounting Aanager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 2, 1994 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Temporary Services - Finance Department Maternity Leave Coverage ISSUE STATEMENT: The City's Finance Department currently consists of three staff members. The positions are Accounting Manager, Senior Accountant, and a three quarter time Account Clerk. The Senior Accountant and the Account Clerk are both pregnant and will be going on maternity leave August i2, 1994. it is necessary to hire temporary personnel during the absence of both staff members. DISCUSSION: The City's Finance Department, during the regular course of business is responsible for the accounting of all financial transactions of the City. This includes cash receipts, cash disbursements, account reconciliations, payroll, accounts receivable, budget creation and implementation, treasury management, investments, and fixed asset tracking. It is important to staff this area with experienced and qualified professionals. This becomes all the more important since the City's fiscal year end is on June 30. The months of July thru September are perhaps the most critical time of year. During this time, the books are closed and the City's external audit is performed. The books must be closed by September 30. This fiscal year, the City has had the fortune or misfortune to have two of its Finance Department staff members pregnant at the same time. They will be going on maternity leave simultaneously. The anticipated date of departure is August 12. It is anticipated that the Senior Accountant will be returning on or about November 1, and that the Account Clerk will be returning on or about October 17. In evaluating the situation, staff reviewed several options. This included the possibility of hiring temporary staff directly, using a temporary agency, and contracting with individuals. It was decided to contact specialty temporary agencies. There are two agencies who specialize in placing accounting professionals both temporarily and permanently. These agencies are Accountants on Call and Accountant's Overload. Additionally, during the City's audit RFP process, it became known, that the accounting firm of Moreland and.Associates also provides temporary accounting services. Staff contacted Accountants Overload, and Accountants On Call. They immediately started faxing resume's of individuals who were available. The resume's were reviewed and the most qualified individuals were interviewed. A meeting with Moreland and Associates was conducted in which the City's needs were discussed. At that time, they identified staff members who could be made available for the City of Diamond Bar's needs. The recommended staff member was interviewed by City staff members. Page 2 - Temporary Services - Finance Department Prices quoted for. the account clerk position ranged from $14.00/hr to 17.00/hr by both Accountants Overload and Accountants on Call. Moreland and Associates quoted $40/hr. The City interviewed and decided on an individual which was presented through Accountants Overload. She comes to the City of Diamond Bar with over three years experience in accounts payable with a neighboring city, plus several years experience in other accounts payable positions. Due to her experience level, it is felt that she will be able to provide a valuable service to the City, and help to implement new procedures which are being put in place with the new fiscal year. The rate charged for her is $16.50/hr. It is anticipated that the term of the contract will be for a period of thirteen weeks at 30 hours per week. The total cost is estimated at $6,500. It is important that the Senior Accountant temporary position be filled with an individual who has exceptional accounting skills, and governmental experience. Governmental accounting is a specialized field, requiring knowledge of fund accounting and modified accrual basis of accounting. Therefore special attention was placed upon finding an individual who had either governmental or fund accounting experience. Staff interviewed various individuals from Accountants on Call and Accountants Overload. Unfortunately, several had mostly supervisorial positions and little hands-on experience. There were a couple of individuals who had payroll experience, but little or no fund accounting experience. Moreland and Associates submitted an individual who has had ten years experience with another City. This person has worked her way up from account clerk to accounting manager. She has taken a position with Moreland and Associates in an effort to obtain experience toward earning her C.P.A. This individual will be working on complex year end procedures and preparing analysis for the annual audit. It is anticipated that by limiting this position to doing only accounting functions, the City will be able to accomplish necessary objectives by contracting this position for an average of 30 hours per week or a total of 360 hours. The rate which has been negotiated is $42.00/hr. The total estimated contract amount is $15,200. Admittedly, the rate for hiring the individual from Moreland and Associates is higher than the rate quoted from the other firms ($24.50 to $28.00/hr), but it should be noted that not only will the City be getting a highly qualified temporary accountant, Moreland and Associates will be there as a valuable resource. RECOMMENDATION: It is recommended that the City Council approve a contract with Accountants Overload for the temporary services for the Account Clerk position at an estimated cost of $6,500. It is also recommended that the City Council approve a contract with Moreland and Associates for the Senior Accountant position at an estimated cost of $15,200. The total amount requested is $21,700. The amount currently budgeted for professional services is inadequate to cover the cost of services being recommended, it is therefore requested that a budget amendment be approved to allow for these proposed contracts. Page 3 - Temporary Services - Finance Department FINANCIAL SDM1[ARY: Budget a total of $21,700 in professional services for the Finance Department (acct # 001-4050-4000). The amount currently budgeted in this account is $6,000. Therefore an additional appropriation of $15,700 from the general fund unappropriated fund balance is necessary. PREPARED BY: Linda G. Magnuson RECE19ED 97/29 14:34 1994 AT 969-861-3117 PAGE 2 (PRINTED PACE 2) 7 ,x_30 -1994 02:45 FROM M� & ASSOC- TO 19098613117 P.02 610NFWPORT CENTER DRIVE. SUITE 840 NEWPORT BEACH. CALIFORNIA 82960 (714) 700-07M M � TANTS 9111 PALOMAR AIRPORT ROAD, SUITE I so cARL98AD. cAurowA 82006 (619) 4,184/6 July 7, 1994 Ms. Linda Magnuson Accounting Manager Glty of Diamond Bar 21666 E Copley Dr., Suite 100 Diamond Bar, CA 91765 Dear Ms. Magnuson: In accordance with your request, we are prmnting this proposal to provide temporary accounting personnel to the City of Diamond Bar due to an upcoming maternity leave. As you explained, you vvrfl require the services of a senior accountant experienced in governmental accounting for apPfOximatcly 30 hours a week for eleven weeks. You also require some training time of this person to become familiar with your City's a=Wting procedures prior to the leave of your senior accountant and have requested this be accomplished prior to August 15. We recently initiated our Governmental Accounting Services Department to provide a variety of services to California cities Among the most important services offered are temporary full-time or part-time personnel services to replace an absent employee or to complete a specific task or series of tasb at any level within your Finance Department. These services are offered throughout the year by experienced governmental accountants. We propose to fel the senior accountant position with Ma. Cynthia Hart. Ms. Hart has ten years of Sawmmental accounting experience. She has worloed as an accounts payable clerk, accouaft awbnician and for the past five years as an accounting manager for a Southern Cai>i Xnk City. Ms. Hatt received a Bachelor of Arts Glue Laude from Morunouth Cbbp in Illinois. We estimate our fees for the senior accountant as follows: Date No. of Hours Hourly, Rate Total - 8/8/94 - 8/12/94 30 $42 S 1,260 8/15/94 - 1021/94 330 42+860 ( RECEIVED 97/29 14:34 1994 AT 999-861-3117 PA6r J-30-1994 02:46 FROMMORELPM 8 ASSOC. TO 19098613117 P.03JUL-30-1994 Ms. Linda Magnuson Accounting Manager City of Diamond Bar July 7, 1994 Page 2 This hourly rate quoted is wen below our standard rate for governmental accountants. These reduced rate is an indication of our commitment to our Governmental Accounting Services Department. These rates do not include out-of-POCket expense. Thank you for the opportunity to present this proposal Please call at your convenience if you would lite to discuss our proposal in more deta>'l. Kindly acknowledge acceptance of this proposal by signing and returning a copy of this letter for or Mks. Very truly yours, MORELAND & ASSOCIATES Patricia Rives, Panner PR:sd ACCEPTANCE BY THE CITY OF DIAMOND BAR 0 Date: TOTAL P.03 C RECEIVED 07/29 11.27 1994 H = -=a:.--- , -HaS . . JUL 29 "34 11.40AM ACCOUNTANTS OVERLOAD P.2i2 ,Accountants Overload xeric office (714) 562.8899 6 Cearnpaiate Drive, Suite 250 (714) 542.4917 Fax Ls Palau, Cafiforma 90621 July 28, 1994 Ms. Linda MUM= Accounting Manager City of Diamond Bar 21660 Past Copley Drive #100 Diamond Bar, CA 91765 Dear A. Magnuson: Thank you for oontaeting Accountants Overload with your current regniremem. Our employee on this assignment, Irma Zamora, wffl be handling the following: F cycle � also be accounts payable to i>�clude matching,ba,� °&� � processing checks; � will be processing manual chador and working billed at the rate of $16-50 per boor. eat meat on file oortgrtai q our General If we s not have i currentchedBlanket of �c� �� you wM � one enclosed - Afterand Conditions and Schedul m the cado�d postage After reading the IFCMent, please sign it and return one Copy ' meat is paid envelope as soon as possible- The second copy is for your records. T� aV" renewed annually. As you know, Accountarns Overloadriot to senior awide aocountan� and (TAS" Of �In addidon, should accounting professionals, from data entry � Weare always YOU have any full-time accounting. bookkecpin8 data aptry needs. available to assist you. Sincerely, Malissa Parker Area Manager Comonn H*Wgwmm - 10990 wlw>ire blvd. • 14th floor - Lot nnpW - CA - 90024-3905 ' (310) 478-8883 other Southam California Officer - sae GabtW valley (I 18) 965.7355 , oranp Couaty (714) 5e2-8899 - Cmites (310) 924.7318 Sputh Day Area (310) 478.2883 - Stn Famtado Valley (I 11) 713-0553 - Wood Empim (714) 735.0747 BLANKET ASSIGNMENT AGREEMENT f4%1W GENERAL TERMS & CONDITIONS Branch 5 EFFECTIVE NOVEMBER 1, 1992 Thank you for allowing Accountants Overload to assist with your temporary personnel requirement. Please review, sign, and return this agreement promptly to expedite the processing of this employee(s) payroll. 1 Accountants Overload employees will present a time card to the immediate supervisor for verification at the end of each week. Compensation to this employee is paid on a weekly basis; therefore, your firm will be billed weekly. Billings for this employee's services represent charges for labor services provided and are due and payable upon receipt of invoice. If plans call for the employee to work overtime, please notify the Accountants Overload office with which you placed your requirement. Additional billing for overtime is in compliance with Title 8 of the Administrative Code, Division of Labor Standards Enforcement. (Overtime - Paid and billed at time -and -a -half. Double Time - Over 12 hours per day, paid and billed at straight time x 2. Straight Time - Up to 8 hours per day. For clients on a 4 -day work week: 10 hours per day). 2. Accountants Overload provides an eight hour guarantee. If for any reason your company is not satisfied with the individual assigned to you Accountants Overload will credit your company for the first eight hours worked by this individual provided you contact us prior to completion of the first eight hours. 3. The supervision of the duties of the employee assigned is the responsibility of the client. 4. After you evaluate the performance and potential of your employee on this assignment, you or an affiliated company may wish to hire the individual on a regular full-time, part-time, temporary, or consulting basis or in another capacity. Should this occur directly or through another temporary or permanent placement service within a twelve month period from the last date of the assignment, there is a service charge for the release of the employee. Your attention is directed to the Schedule of Conversion Charges on the reverse side of this Assignment Agreement. 5. It is acknowledged and agreed that employees of Accountants Overload are not permitted to handle or control cash, n9gotiables, valuables, or other similar property without the prior express written consent of Accountants Overload. g. It is acknowledged and agreed that employees of Accountants Overload are not permitted to operate machinery (other than office equipment) or motor vehicles without prior express written consent of Accountants Overload. Accountants Overload does not provide physical damage or liability insurance for operation of machinery or motor vehicles. 7. It is acknowledged and agreed that all claims under the Accountants Overload Fidelity and Commercial Bond must be made in writing to Accountants Overload Corporate Headquarters within thirty (30) days of occurrence or Accountants Overload shall not be held responsible. Additionally, it is agreed you will prosecute the employee and only in the event of conviction shall payment be made. 8. In the event that it becomes necessary to enforce the terms of this agreement or of the assignment agreement. Accountants Overload will be entitled to reasonable attorneys' fees and costs. 9. Should there be a change in the employee's duties while on this assignment it is your responsibility to contact Accountants Overload as there may be an adjustment to the billing rate. 10. All unpaid invoices are subject to interest charges at the rate of ten percent (100%) per annum from and after the date of presentment. We trust that ours will be a long and mutually beneficial relationship, and that our employee will perform to your satisfaction. Please sign one copy of this Agreement and return it in the enclosed envelope. We would welcome the opportunity to assist with any additional requirements your firm may have. We acknowledge and agree to the above Terms and Conditions regarding the individual presently being referred to us and any individuals referred to us in the future. City of Diamond Bar CLIENT COMPANY 21660 East Copley Drive #100 ADDRESS Diamond Bar CITY AUTHORIZED BY (Client Signamrr) NAME (Plrasr Print) STATE TITLE C`'' ZIP 91765 (Plen,c Pant) Corporate Headquarters: 10990 Wilshire Blvd, Fourteenth Floor Los Angeles, Calitornia 90024-3905 Telephone (310) 478-8883 • FAX (310) 479-7373 DATE CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. � TO: Terrence L. Belanger, City Manager MEETING DATE: August 2, 1994 REPORT DATE: July 27, 1994 FROM: Joann M. Gitmed, Senior Accountant TITLE: Purchase of General Office Supplies for FY 1994-95 RECOMMENDATION: After reviewing informal proposals from seven (7) supply companies, it is being recommended that the City establish an open purchase order in the amount of $15,000 with Eastman Office Products for the purchase of general office supplies for the fiscal year 199495. The opening of a purchase order will not mean that the purchase of supplies will be exclusively with Eastman, however, the majority of everyday "consumable" products will be purchased from this vendor. SUMMARY-, The City has, on occasion, sent informal bid packages out to various supply companies to review pricing on items that are most frequently used by the City. In early July 1994, the City sent out thirteen (13) informal bid packages to various suppliers. The bid list encompassed approximately 116 products that the City uses on a regular basis. If a specific brand name is used by the City, that brand was specified on the forms. However, if no spec brand is required, no brand was specified and the vendor was free to quote the price of a brand of their choice. (continued on next page) LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's Office) — Ordinances(s) Other (Vendor Listl _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed — Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes _ No 4. Has the report been reviewed by a Commission? _Yes _ No Which Commission? 5. Are other departments affected by the report? _ Yes _ No Report discussed with the following affected departments: Fence L. Belanger Frank M. Usher City Manager Assistant City Manager �IA�� Linda Magnus Accounting Manager Office Supplies Page Two SUMMARY: (cont'd) Seven (7) packages were returned to the City. The bid forms were laid out side by side and color coded for lowest and second lowest bid on each item. Each package was then totalled to determine which company proposed the lowest and second lowest prices in the most categories. The results are as follows: *Percentage of Total equals the total number of lowest and second lowest bids divided by the total number of products bid on (116). Since Eastman has not only the most competitive prices on items, but also has the highest percentage of lowest and second lowest prices (66%), it is being recommended that the City establish an open purchase order with Eastman Office Products. For your information, attached you will find a list of vendors who were supplied with a bid package for supplies. # of Lowest # of 2nd Lowest Percentage Company Prices Prices of Total* Eastman 58 19 66°x6. Hanson Corp. Express 17 38 47% Boise Cascade 24 26 43°x6 Gordon's 8 9 14% Office Solutions 6 15 18% Business Prod. Dist. 4 7 9% Canyon Office Supplies 0 0 0% *Percentage of Total equals the total number of lowest and second lowest bids divided by the total number of products bid on (116). Since Eastman has not only the most competitive prices on items, but also has the highest percentage of lowest and second lowest prices (66%), it is being recommended that the City establish an open purchase order with Eastman Office Products. For your information, attached you will find a list of vendors who were supplied with a bid package for supplies. Vendor Listing for Informal Bid Packages: Best Office Products Boise Cascade Office Products Business Products Distributors Business System Supply Canyon Office Supplies Century Office Products Data Extras Eastman Office Supplies Gordon's Office Supplies Hanson Corporate Express Lindy Office Products Office Emporium Office Supplies Warehouse San Dimas, CA Rancho Dominquez, CA Los Alamitos, CA Orange, CA Brea, CA Irwindale, CA Yorba Linda, CA Signal Hill, CA City of Industry, CA Colton, CA Orange, CA Brea, CA Diamond Bar, CA CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence -L. Belanger, City Manager MEETING DATE: August 2, 1994 REPORT DATE: July 28, 1994 FROM: Bob Rose, Director of Community Services TITLE: Extension of contracts for Maintenance of L.L.M.D.Is #38, #39 and #41. SUMMARY: At its meeting on May 21, 1991, the City Council awarded contracts for the maintenance of L.L.M.D.'s #38, #39 and 141 in Diamond Bar. Two contracts were awarded to Accurate Landscape and Maintenance Corp. and one contract was awarded to Landscape West, Inc. Each of the contracts allows the City Council to extend the contract on an annual basis. Normally, the contract extension includes a C.P.I. adjustment for the contractor, however, both Accurate Landscape and Maintenance Corp. and Landscape West, Inc. have agreed to forgo a C.P.I. adjustment for the 1994/95 fiscal year. Staff believes that- it is in the best interest of the City to extend these contracts for 1994/95. But staff also believes that the specifications should be re -written to include additional work that is not currently in the contracts and take the new specifications out to bid. Staff believes that the specifications can be re -written and the bid process completed within six (6) months. (Continued on back) LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification Resolution(s) X Bid Specifications (on File In City Clerk's Office) Ordinances(s) X Other: Letter of Agreement X Agreement (s) Bid ReMlts EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes_X No 4. Has the report been reviewed by a Commission? _ Yes X No Which commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Fw-Terren Belanger F nk . Ush Bo Rose City Maa ger Assistant City Manager Community Services Director c:\NP60\LINDAKAYUGENDA-9\ In the meantime, landscape maintenance is required in the districts and staff believes that the best contractors to do this work are the current contractors. RECOMMENDATION: It is recommended that the City Council approve the extension of the two contracts with Accurate Landscape & Maintenance Corp. for the maintenance of District 138 in the amount of $43,785.63 and District #39 in the amount of $71,042.66 and the one contract with Landscape West, Inc. for the maintenance of District 141 in the amount of $40,042.23 and authorize the Mayor to sign the attached letters of agreement, and, direct staff to prepare new specifications for the maintenance of each of the districts to take out to bid within the next six (6) months. c:\WP60\LINDAKAT\AGENDA-9\ MEETING DATE: TO: FROM: SUBJECT: CITY COUNCIL REPORT AGENDA NO. August 2, 1994 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Extension of Contracts for Maintenance of L.L.M.D.'s #38, #39 and #41 ISSUE STATEMENT: Shall the City Council approve the extension of the contracts for the maintenance of L.L.M.D.'s 138, #39 and #41 with the current landscape maintenance contractors, Accurate Landscape and Maintenance Corp. (Districts 138 & #39) and Landscape West, Inc. (District #41), and shall staff re -write the maintenance specifications for each of the districts and take the new specifications out to bid within the next six (6) months? RECOMMENDATION: It is recommended that the City Council approve the extension of the two contracts with Accurate Landscape & Maintenance Corp. for the maintenance of District 138 in the amount of $43,785.63 and District 139 in the amount of $71,042.66 and the one contract with Landscape West, Inc. for the maintenance of District 141 in the amount of $40,042.23 and authorize the Mayor to sign the attached letters of agreement, and, direct staff to prepare new specifications for the maintenance of each of the districts to take out to bid within the next six (6) months. FINANCIAL SUMMARY: Following are the 1994/95 fiscal year budget amounts for contract landscape maintenance for each of the districts: District #38 - $46,000 District #39 - $76,400 District #41 - $43,050. BACKGROUND: At its meeting on May 21, 1991, the City Council awarded contracts for the maintenance of L.L.M.D.Is 138, #39 and 141 in Diamond Bar. Two contracts were awarded to Accurate Landscape and Maintenance Corp. and one was awarded to Landscape West. Accurate Landscape and Maintenance Corp. was awarded contracts to maintain Districts 038 and #39, in the amounts of $37,200 and $66,000 respectively. Landscape West was awarded the contract to maintain District #41, in the amount of $37,200. Each of the contracts allows the City Council to extend the contract on an annual basis. These contracts were each c:\NP60\LINDAKAY\AGENDA-9\ extended two times under terms of the contract, with C.P.I. adjustments of 3.6% for fiscal year 1992/93 and 3.9% for fiscal year 1993/94. Also, two Change Orders have been added to the District #38 contract. Change Order $1 was processed on 3/1/93 for $600 per year to add the landscaping along the south side of Temple Avenue to the contract. Change Order 02 was processed on 2/28/94 for $3120 per year to add the landscaping of the new center medians along Golden Springs Road east of Brea Canyon Road to the contract. The two change orders for District #38 plus the two C.P.I. adjustments for each of the districts have resulted in the following proposed contract totals for the 1994/95 fiscal year. District Contractor Proposed 1994/95 Contract #38 Accurate Landscape and Maint. Corp. $43,785.63 #39 Accurate Landscape and Maint. Corp. $71,042.66 #41 Landscape West, Inc. $40,042.23 Both Accurate Landscape and Maintenance Corp. and Landscape West, Inc. have agreed to forgo a C.P.I. adjustment for the 1994/95 fiscal year. DISCUSSION: All three contracts for landscape maintenance of the districts were sent out to bid in a sealed bid process, and resulted in the award of contracts on May 21, 1991 for the 1991/92 fiscal year. Each contract has provisions to extend the contract on an annual basis if it is deemed to be in the best interest of the city to do so. Extensions were granted for both the 1992/93 and the 1993/94 fiscal years. It is staff's desire to re -write the specifications for these contracts to include the following tasks: fertilization of turf and trees, pest control, brushing for fire breaks and additional broad leaf weed control. Currently, these items are completed as add-ons to the contract and require separate payment. This is a working list and other items may be added as the specifications are further reviewed. Staff believes that the specifications can be re -written and the bid process completed within six (6) months. In the mean time, landscape maintenance is required in the districts and staff believes that the best contractors to do this work are the ones who have done the work in a satisfactory manner for the past three years: Accurate Landscape and Maintenance Corp. for Districts #38 and #39 and Landscape West, Inc. for District 141. PREPARED BY: Bob Rose Community Services Director c:\WP60\LINDAKAY\AGEN0A-9\ I 4i -- - . - . u • b I ' I tm U l w� 8AR TEL ra: 714--61-3117 7164p BAST COPIM MM a 8UrM 100 DtAbl M HAIR. CA 917614177 ON -000-M - IFAX 004M.3117 July 24, 1994 Thomas olssn, president Aaagrats Landseaps and xaiRtsnanoa Corporation 1910 X. Lima orange, CA 03669 Bar Dists!•t 038 xGlAt•sases c=ontract bear Kr. OlSani 4224 P03 Psr our rScent te1•plsen• vsssation, tele city of Diaaor�d, is interested in •xteMing tlse District pia maintenance contract With Aeourat• Landscape and ltainteftno•anon from July 1, 1984 the June so, 1993. Tp• aoritraot Mi 1 remain the sruwe amount as the 1993/94 oentraot, $43 765.63. The $43#,783.43 amount includes change orders pi and 1p2, plus C.P.Z. increases already agreed to in axt•n9ions for 1992/93 and 1993/94. !•eding approval Of this contract extension by Diarond gar CiCO=Oty ountlnot to •xoAugust �43, 7ab.l6riibea pur s• cede," in the to you. Processed and forwarded Sincerely, Hob close, Diseoter Cowmmnity servio•s Dsparttant ]By signing beloc, the parties agree to the above terms. m -- /I,- 'i'd mayor City Of Diamond >a+tr a >►z•e 1r 9�r Accurate Vindecape and Kaint- Corp. GKY H. Wiemer Clair W. Ha my RUMU R Amd ovy G. mmv PbVW L pqa MrYar Maya Pro Tem CowldNiNgble Gerber CNOCUmbober MICYCUIDPAPM Sod 610 3ddOSQNHI_31vanoov � 9660 6d-LO-b66i ..au. ..tr..Va rmC i r ■ •u• -�Iiia nae-ca•+a � . 21M EAST COPLAY DRNE • iUrM 100 D1AW14D NAR CA F174 4177 9094M30, PAX M16MI.5117 LTUly 250 1994 Thomas Olsen, President Accurate Landscape and Maintenance Corperatiae 1910 N. Lits Orange, G 92666 141 District 099 Ysllatenaaae contract Dear lir. Olsen= Per our recent telephone conversation, the city of Diamond Bar is interested in --tending the District 039 maintenance contract with Accurate La»asa►pe and Mintenance Corporation free July i, 1994 through June 30, 1995. The contract will remain the same amount as the &993/96 contract, $711,042.66. The #71r04i.66 amount includes the C.P.I. increases already agreed to 1n a tensions for 1992/91 and 1999/94 fiscal years. Pending a proval Of this aontreat extension by Diamond ear City council at its Augwt Z, 1994 meeting a purchase order in the amount not to --seed $Ut042.66 Will In processed and forwarded t0 you. sincerely, Bob !lose a Direator Conamity Services Department Ny signing below, the parties afire- to the above terms. Irv— Citos e 4 y of Diamond far hocurate cape and paint. Corp. Guy H.Wb w Clair W. lF an=W Shoos M. Mrd (lacy 0.1l MW 8bym P. PRM MNror Mtror leo'lbm Cosm9se t ebbe ftw4 Jmaabw 1Wlc'YCMPN M 1994-07-28 11 t 008 61,0 3dHOSdNHI 2iw8 oov 9E Rj 6Z-LO-b66i .. .. u. naIUIUJ% t 9VJJ.J J TTP-TqA-f.NG IH k66T. pI:�I- G7/201 IIAAV417M 1 RECORDING REQUESTED BY ANO WHEN RECORDED MAIL TO Rant CITY OF DIAMIND BAR Street 21660 E.COPM DRIVE, STE. 100 Ad:r,,,DIAlOW BAR, CA 91765--4177 City A State ATTN.: CITY CIJ= L J SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is CITY OF DIAN= w►>t 3. The full address of the owner is 24660 R -CAN -Tri nullyr, Im- 11111110 DIAIllo11D BAR, CA. 91765-4177 4. The nature of the interest or estate of the owner is; In fee. (If other than fee. stake "In tee— and insert, for example. "purchaser under contract of MOM." or "lessee") S. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in Common are: NAMES ADDRESSES E A work of improvement on the property hereinafter described was completed on TTINfe 99, 1 041 . The work done was: COHSTvrvnOB/nmTrtrATT® OF HAUnTCAP APl'RSR YAMPR Tit DTATrFiM RAD 1 The name of the contractor, if any, for such work of improvement was PERRY KAHESS INDUSTRIES, INC. MAY 26, 1994 (If no contractor for work of improvement as a whole, insert "none".) (Date of Contract) 8. The property on which SW work of Improvement was completed is in the 'city of DIA![)IID BAR County of IAS `- , State of California, and is described as follows: CONSTRUCTIOH111KIDIFICATIOi OF 49Arnkjt•AP AP-11IMS NAM" AT VAIRTOUS T11P.ATIONS Tit DTAMUD 4tA4e 9. The street address of said property is 111 no sheet address has been officially assigned. insert "none'.) Dated: Verification for Individual 0•ner signature of owner or c:•oonte officer of owner named in pangra:h 2 or his agent VERIFICATION .fmari:� I, the undersigned, say: I am the 'lTw'wRJw-,r17`► the declarant of the foregoing (','Pf"esldent of', "Manager of', "A partner of', "Owner of', etc.) notice of completion, I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty o that the foregoing is tr and correct. Executed on e / _(% 19 per, at l- A ` tea'. California. (Date of signature. (Citi where signed.) (Personal signature of the individual *% is swearing that the contents of the notice of completion are true ) .,, _ate.ga T14i +a:v in:rirr rw nrcram POP TR nn:71a-f�,t-'st+? _12AJ E 2140 SAW Can= am • BUM 100 MAM M BAR. U OV04177 lOF �•!A!L!MW-3117 July 35, 1990 Dan Jensels, vice -President '[ArA" w MNt, Inc. 1705 N. CIUM&L a War AsaDais, GPL 93509 us Distsiee /4i lwiaesauN Coat=ae! Dass xv- Jansen# Per our saofaat talsoons conversation, the City Of Dianoad "r is interested in extending the District 041 oowtraae With Landscape West Inc. , irom J"Y 10 11190 wwough June 30, . 1995. TM asatuaat will remain the sea amount as the 1991/26 ooatraet. S40,042.3I. aw 440,043.23 amount inoivdas tke C.P.I. uses alreedt agraad to in extensions for 1913/93 and 2993/94 fiscal years. s"Coral of this contract extensionDiamond Bas City at its�►uguet 3, 11196 seatim, a p N Orderit tea ameant Amt to once" $40,043.27 will be proms*" sAd lorrardsd to Yom. /lace rely, bob Rosa• Director Oe■wnity ralr•lvas Deps-To msnt By sigaiay >velew, the parties agree to tea above teras. - i e - Date ci o! oismovA lar ve Nest Inc. ouy y. VMW mow Z0 3Jdd aw w "IMMy Ohms!# MOM C1yrCLMINW 0ern A'�L �plP e WkywroTM sNOW 100996srPPAIM 1S3M 3 vOwN 1 96L6T6601i 60:10T D66T/8Z/40 ■u LLGt 9C•1 -f n'2/lm nj't.3,mu 1 AGREE ENT KNOW ALL MEN BY THESE PRESENTS: is made and entered into That the following agreement tor, duplicate, as of the date executed by he City Clerk and the Ma y by and between N CA W ST. INC. 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 furnishingnor, equipment and material for Maintenance of labor, Maintenance in the City of Diamond Bar. Land ca NOW, THEREFORE, in consideration of the mutual herein contained, it is agreed: covenants 1' NERAL SCOPE of WORE The wor Agreement shall ink to be done under this clude the furnishing of all labor, material and equipment necessary for the provision of appurtenant maintenance se vices as set forth in the specifications the lan scaoe anti for Li hti & Lands a aintena ce Diamond Bar. strict No. 41 in the City of 2. INCORPORATED DOCUMENTS TO BE CON 7 The aforesaid specifications are incorporated herei'-`L MXUZARY thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. y reference the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contractSaid documents, parties. This contract is intended to require complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful regulations shall be performed by the contractor whether her rsetnout specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 1 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of contract. This agreement shall take effect and commence on July 1. 1991 for a period of twelve (12) months. b. The City shall have the option to extend this agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving the contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. 4. INSURANCE: The. Contractor, shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accord- ance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the: payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers, compensation or to undertake self insurance in accordance wit the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." 2 b. For all operations of the Contractor or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 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. �3 d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor -is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, ,21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. 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 pre- vailing rate of .wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. 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. 4 reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. &171 Oq C-27 6/1/91 Date APPROVED AS TO FORM: BY: �� i CORPORATE ACKNOWLEDGMENT t. State of CAILFORNIA ORANGE County of Ss. T.ANDRCAPF WV.ST, TNr 1705 S. CLAUDINA WAY ANAHEIM, CA. 92805 714-991-1705 By: Tltle y:Tltle ORES. Title -Tmv r1F DIAMOND/BAR, CALIF C, IA On this the 1 day of JUNE 1!9-L—, before me, CAROL JEANNE REYES the undersigned Notary Public, personally appeared BARRY L. KONIER Ek personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as PRAR —or on ed to me that he corpoalfration of the corporation therein named, and acknowledged rpoation executed it. WITNESS my hand and official seal. --- • •—• • m" T.- "WriOugh the information requested below is OPTIONAL, it could present fraudulent attachment of this certificate to another document. THIS CERTIRCATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above No -,ill CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: fl er1 l 3o, IQ 4 I PROJECT NO.: O1 -4r t -CA 41 BIDDERS NAME BID BOND BID AMOUNT �an&seaQe l!Ce-sk, 37 Q o o P,te ura e_ I. rtd�sea e, ��, 0c) s , 5 o o 3) MOLripomo- LQndt&S eS Io to (o 70� 41 b CITY OF DIAMOND BAR STATE OF CALIFORNIA SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 41 The City Clerk of the City of Diamond Bar, California will receive at her office in the City Hall, in said City, until 10:30 a.m. on April 30, 1991, sealed proposals for the performance of the above described services. CITY OF DIAMOND BAR John Forbing, Mayor Jay Kim, Mayor Pro Tem Phyllis Papen, Councilmember Donald Nardella, Councilmember Gary Werner, Councilmember Robert L. Van Nort, City Manager Charles Janiel, Director of Parks and Maintenance IMPORTANT NOTICE TO BIDDER Notice is hereby given that the City of Diamond Bar is soliciting bids for maintenance services for Landscape and Lighting District 41. A mandatory bidders conference and inspection of the areas to be maintained will be held at 10:00 a.m. on Tuesday, April 16, 1991 at Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California. Bids will be accepted until 10:30 a.m. on April 30, 1991 at Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California 91765, at which time and place said bids shall be publicly opened, examined and declared. Due to current drought situations and resultant rationing mandates, Contractor will be required to monitor irrigation systems to comply with reductions. The successful Contractor will be responsible for costs incurred due to excess usage. Inquires regarding these specifications can be directed to Charles Janiel, Director of Parks and Maintenance, (714)860-2489. Upon receipt of this proposal, contact Charles Janiel, Director of Parks, at the City of Diamond Bar with the name of your company, telephone number, a FAX number and the name of a contact person within your company. Failure to provide the City with this information may result in improper distribution of updated materials regarding the bid documents. The City will not be responsible for information not being distributed to the proper person. SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 41 IN THE CITY OF DIAMOND BAR TABLE OF CONTENTS NOTICE INVITING SEALED BIDS 4 - 7 INFORMATION FOR BIDDERS 8 - 13 BIDDER'S PROPOSAL 14 - 16 CONTRACTOR'S INDUSTRIAL SAFETY RECORD 17 LIST OF SYMBOLS AND ABBREVIATIONS 18 SUBCONTRACTORS LIST 19 NONCOLLUSION AFFIDAVIT 20 FAITHFUL PERFORMANCE BOND 21 LABOR AND MATERIAL BOND 22 BIDDER'S BOND 23 - 24 AGREEMENT 25 - 33 GENERAL PROVISIONS GP -1- GP -7 SPECIAL PROVISIONS SP -1 - SP -18 RESOLUTION NO. 91 - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE LANDSCAPE AND IRRIGATION MAINTENANCE OF LANDSCAPE AND LIGHTING DISTRICT NO. 41 IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Diamond Bar to maintain certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the maintenance of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the specifications for Landscape and Irrigation Maintenance in Landscape and Lighting District No. 41. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:30 o'clock A.M. on the 30th day of April, 1991, sealed bids or proposals for the Lighting and Landscape Maintenance District No. 41. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 East Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, ::larked, 113i'! for Lighting and Landscape Maintenance District No. 41.11 PREY. ILTNG WAG -E: Notice is here -'-v civet► that in accordance with the provisions of California Latcr Cade, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required LC rav not less than the general prevailing rate o` p=r diem wages for work of a similar character in the legality in w' i c i zhe pudic wort is perfor:-=d, and :pct less than the genera: _availing rate of per diem wages for holida,, and ove.c �--ime worti. In z a—_ regard, the Director of t e 'Depart-.ent of Industrial Relat,_-.=_ cf zhe State of California i s required to and has determined suc'a general prevailing rates of per di era wages are on file in _fie off ice of the City Clerk of the City of Diamond Ear Suite 100, 21_cc East C ple' Drive, Dia:<<ond Bar, California, and are avaylable '_o a--, _nteres`er; party on request. The Contracting agency also s1 cause a cuo• of such deter-., rations to k)e posted at the ]ob sits. T:.e _Ontractcr shall Lo= Lelt, as Mena_'_ =c the C1'y o- Dia_. ^d Bar, �.anty-five dollar_: ($25.00) Io_ e:,ch la=c=er, workman, or mecnanic c:moloy�t] f��r each C aie::dc_ G`, or U�r=1on there ,:� f , if such laborer, work nl?;i, Cr mechanic is : ai , less than the ge_ieral prevailing rate of wages t-:ereinbefo_e st_uulated fcr any :: r done under the attached contract, b'.' hi_1 Cr b1 any subcont-raci.Cr under hin, in violatiOri Of the pr^'.: i c=OiiS 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 L accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site cf 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 jcurne,--en 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 cf 15 percent in the 90 days prior to, '-'-e request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprentices;-+ip training on an annual basis statewide or locally, o-- D. rD. When the 'Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the recruirements of Sections 11777.5 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�.d:,,inistrator of Apprenticeship, San Francisco, California, or frcm the Division of Apprenticeshin Standards and its branch offices. Eight (8) hours of labor shall constit--,te a legal day's work for all workmen employed int he execution of t:l i s contract and the Contractor and any subcontractor under him stall employ with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Ccntractor shall forfeit, as a penalty to the Ci cf Diamond Ear, nct more than fifty dollars ($50.00) fcr each laborer, workman, or mechanic employed in the execution of t -:e contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laberer, workman, or mechanic is required or permitted to labor more than eights _(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. 4 The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the Citv of Diamond Bar for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that t^:e bidder will enter into the proposed contract if the same is warded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the Citv of Diamond Bar. If the City of Diamond Bar awards tine contract to the next lowest bidder, the amount of the lowest t_dder's secur'_t'_J shall be applied by the City of Diamond Bar for an amount ecual to at least ter. percent (10%) of the amount of said b_d as a guarantee that the bidder will enter into the proposed ccn--rad- if the s= -e is warded to him, and in event of failure to enzar into =_.c:: contract said cash, cashier's check, certified c or bond =_hall beco-e the .r:perty of the City of Diamond Bar. If the City of Diamond Bar awards the csntract to the next lowest bidder, the amount of the lowest b_uder's securioy shall be applied by the City of Diamond Bar tc the difference between the low bid and the,second lowest bid, and the surplus, if any, shall be returned t:) the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be fifty percent (500) of the annual contract price thereof, and an additional bond in an amount equal to twenty-five (25%) 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 cf Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a contractor at time of award in accordance with the provisions of the Contractor's License Law (C-alifornia Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal forr. has not been issued by the City of Diamond Bar. A C-27 license is required. The work is to be done in accordance w-th the profies, plans, and specifications of the City of diamond mar on file in the office of the City Clerk at the City hall, Dia�,:c^:d Bar, Califor-:ia. Copies of t -.e plans and specifications will furnished upon application to the Citv of Diamond Bar and payme-t c` $5.00, said S5.00 is nonrefundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said req'.:__` is accompanied by payment stipulated above, together with an additional nonreimbu rsable payment of $5.00 to cover the cost of mailing charges and o-verhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. PASSED, APPROVED AND ADOPTED this 2nd day of April 1991. V/x I , R PRO TEM I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passe, -7, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on 2nd day of April 1991, by the following Roll Call vote: AYES: COUNCILMEMBERS - Werner, Nardella, Papen, and Mayor Pro Tem Kim NOES: COUNCILME XBERS - None ABSENT: COUNCIL' -!EMBERS - Mayor Forbing ABSTAINED: COUNCIL`_EP•IBERS - None 11 BURGESS, C-ity Clerk City of Dia= nd Bar INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Standard Specifications for Public Works Construction, 1988 Edition. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount annual named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guaranty that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the. City, which is bound herein, and is properly filled out and executed. 3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid upon, alternative proposals or any other modifications of the bid form which is not specifically called for in the contract documents may result in the Owner's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered but a telegraphic modification may be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. Page 8 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall be allow any subcontractor to commence work on this subcontract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer of insurers, satisfactory to and first approved by the City in writing. Certificates of insurance in the amounts required shall be furnished by the contractor to the City prior to the commencement of work. The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. The contractor shall maintain public liability insurance to protect said contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said contractor and the City against loss from liability imposed by law, for damage to any property, damage insurance shall be maintained by the contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $500,000 for one person injured in the accident and in the amount of not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $500,000 with respect to any property damage aforesaid. The City shall be named a co-insured regardless of fault. Page 9 The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any pert of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the Owner a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. DISQUALIFICATION OR BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. 11.. AWARD OF CONTRACT: The City may award the contract to the lowest responsible bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be compared on the basis of the lowest possible cost relative to the alternate or alternates selected and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals; provided that the award may be made after said period of the successful bidder shall not have given the City written notice of the withdrawal of his bid. 12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid, or on the base bid and any alternate or combination -of alternates. 13. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. Page 10 14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code). Forms for this purpose are furnished with the contract documents. 15. WORKERS 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 every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." 16. BID DEPOSIT RETURN: Deposits of the three lowest 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 (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. on the failure or refusal of such second or third lowest bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be readvertised. 18. "OR EQUAL": Pursuant to Article 5, Chapter 3, Part 1, Division 2 (commencing at 3400) Public Contract Code, al'l specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 19. EMPLOYMENT OF APPRENTICES: The contractor, and all subcontractors, shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The contractor and any subcontractor under him shall comply with the requirements said sections in the employment of apprentices; Page 11 however, the- contractor shall compliance with said Labor Code occupations, regardless of any relationships alleged to exist. have full responsibility for section, for all apprenticeable other contractual or employment 20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 21. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. The Contractor shall forfeit as penalty to the City of Diamond Bar, twenty-five dollars ($25) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file and available for inspection in the Office of the Department of Industrial Relations, Division of Labor Statistics and Research. 22. 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. 23. 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. 24. 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 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 of for work decreased or eliminated by the City of Diamond Bar. Page 12 25. 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. 26. 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. 27. ALTERING PROPOSALS: The wording of the proposals shall not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. Erasures of interlineations in the proposal must be explained or noted over the signature of the bidder. 28. 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 of 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. 29. 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 note entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in a unit price bid item the total amount is entered for the item but not the unit price; the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid'on individual items (if called for) do not add up to the total-amount ..shown, the correctly added total of the individual items shall prevail over the total amount. 30. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to time, issue addenda to the contract documents during the period of advertising. The addenda will be sent to the address the purchaser of the contract documents left with or furnished the City of Diamond Bar at the time the purchase was made. Page 13 CITY OF DIAMOND BAR SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 41 ITEM DESCRIPTION MONTHLY ANNUAL NO. QUANTITY WITH UNIT PRICE PRICE AMOUNT IN WORDS IN FIGURES 1 Lump Miscellaneous landscaping Sum in Maintenance District No. 41 (See attached map) (Word) TOTAL ANNUAL PRICE In words In figures Page 14 If an individual, so state. If a firm or co -partnership, state the firm name and give names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of President, Secretary, Treasurer, and Manager thereof. Business Address Dated: 19 By: By: By: Contractor's License No. Contractor's-.icense Expiration Dace 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 I with the requirements of California Business and Professions code Section 7029.15. Contractor's Authorized Signature 15 CITY OF DIAMOND BAR SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 41 Accompanying this proposal is (insert I cash," "cashiers check," "certified check," or "bidder's bond," as the case amy be) in the amount equal to at least ten percent (10%) of the total bid. The undersigned further agrees that in case of default in executing the required contact, with necessary bond, within ten (10) days, including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) SIGNATURE DATE ADDRESS CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION Page 16 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification Bid Date This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information 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 1987 1988 1989 1990 TOTAL CURRENTYEAR 1. No. of contracts 2. Total dollar amount of contracts (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 to 6, Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses, OSEA 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) Signature Address State Contractors' Lic. No. & Classification City Zip Code Telephone Page 17 The definitions of the symbols and abbreviations used in the Schedule of Prices are as follows: Ave. Avenue LF Linear Feet & And LS Lump Sum AC Asphaltic Concrete Mod. Modified Blvd. Boulevard MH Manhole CAB Crushed Aggregate Base I Number CB Catch Basin No. Number Conc. Concrete NRCP Nonreinforced concrete pipe Conn. Connector or Connection Pvmt. Pavement Const. Construct Perm. Surf. Permanent Surfacing CIP Cast Iron Pipe PCC Portland Cement m-bEle CSP Corrugated Steel Pipe RC Reinforced Concrete CY Cubic Yard RCB Reinforced Concrete Box D D -load of pipe RCP Reinforced Concrete Pipe Dia. Diameter Reconn. Reconnect Dbl. Double Reconst. Reconstruct Dwy. Driveway Reinf. Reinforcing or reinforced EA Each Restor. Restoration ELC Electrolier Lighting Resurf. Resurfacing Conduit Excay. Excavation Rd. Road Ex. or Exist. Existing Sched. Schedule ' Feet SD Storrn Drain Fur. & PI. Furnish and place Sec. Section Ga. Gauge SF. Square Feet Galy. Galvanized Spec. Special Gr. Grate SS Sanitary Sewer H High or height Sta. Station HC House connection St. Street sewer Struct. structure Improv. Improvements Trans. Transition " Inches TS Transition Structure JS Junction Structure Var. Variable Lb. Pounds VCP Vitrified Clay Pipe LD Local Depression i W Wide or Width Page 18 SUBCONTRACTORS LIST In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the general contractor's total bid, and the portion of the work which will be done by each subcontractor. Name under which Sub- License Address of Office, Specific Description contractor is licensed Number Mill or Shop of Sub -contract work & portion of the Work If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.) Dated Bidder Signature Signature Page 19 NONCOLLUSION AFFIDAVIT State of California ss. County,of deposes and says that he or she is being first duly sworn, of the party making the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company,association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and. has not directly or indirectly colluded, conspired, connived, or agreed with any other bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bids are true; and, further, that the bidder has not, directly or indirectly, submitted -his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. STATE OF CALIFORNIA COUNTY OF Subscribed and sworn , 19 Signature ss. to before me this Notary Public in and for the County of , State of California. My Commission expires 20 , 19 day of FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled land is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the contract is hereby waived by such Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 1991. PRINCIPAL SURETY BY: BY: ( SEAL) 21 (SEAL) LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, AND as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of DOLLARS ($ ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and several.firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed contract with said City for construction of the work under the City's specification entitled and is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if said Contractor in said contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 1991. PRINCIPAL SURETY BY: BY: (SEAL) (SEAL) 22 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as principal, and as surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on April 30, 1991 for Annual Landscape Maintenance for Lighting and Landscaping District No. 41 in the City of Diamond Bar. NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court. 23 BIDDER'S BOND (CONTINUED) IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A.D., 1991 (seal) (seal) (seal) (seal) PRINCIPAL (seal) (seal) SURETY (seal) ADDRESS 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 and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Maintenance of Lighting & Landscape Maintenance District No. 41 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 provision of the landscape and appurtenant maintenance services as set forth in the specifications for Lighting 4 Landscape Maintenance District No. 41 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 setiforth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contractbetween 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. 25 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of contract. This agreement shall take effect and commence on July 1, 1991 for a period of twelve (12) months. b. The City shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving the contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect durihg 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: W "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of 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. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and - any other parties specified in the bid documents to by so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: 27 "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph. 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is here by given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is -required to and has determined such general prevailing rates of per diem wages. copies of such prevailing rates of per diem wages are on file in the office of the City clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. 28 The contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6.. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship council, properly indentured apprentices may a employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. 29 The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under.him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25'.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or. mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 1 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed 'in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. 30 The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct Of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, o liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any. judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, its made a party to any action or proceeding filed or prosecuted against he Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses -incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 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. 31 11. CONTRACT PRICE AND PAYMENT: Except where additional compensation is specifically provided for in this Agreement, City will pay contractor for his services under this Agreement set forth in Bid Sheet, one month in arrears, on the last day of the month, or as soon thereafter as payment is approved by the City Council. In the event the City exercises its option to extend the term of this Agreement for one or more of the additional five Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: The Compensation provided herein shall be adjusted to reflect the increase, if any, in the cost of living during the previous year by adding to the Contractor's monthly compensation the amount, if any, obtained by multiplying the Contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim - Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United Stated Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by City upon tr-2 giving of a written "Notice of Termination" to contractor at least thirty (30) days prior to the date of termination specified in said notice. 'In the event os such termination, contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 32 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date APPROVED AS TO FORM: By: City Attorney Date Contractor's Business Phone: 4 By: Title Title CITY OF DIAMOND BAR, CALIFORNIA By: Mayor By: City Clerk Emergency Phone at which Contractor can be reached at any time: 33 GENERAL PROVISIONS 1. GENERAL CONDITIONS All work shall be done in accordance with the 1988 Edition and all supplements 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. Section 2-1. Award and Execution of Contract is amended by the following (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, California. 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 of each member of the firm or partnership must be shown. If made by a corporation, the proposal nust show the name of the state under the laws of which the corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer. G. P. 1 (c) Rejection of Proposals Containing Alterations, Erasures 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. (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, 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. 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. Subsection 2-9.5. Line and grade, is amended by the addition of the following: (a) All surveying necessary and adequate for construction purposes will be done by the City Engineer or as modified in the Special Provisions. (b) The Contractor shall give two (2) working days notice, in writing, when the services of the City Engineer will be required for laying out any portion of the work, and he shall dig all holes necessary for line and.grade stakes. The Contractor shall preserve all stakes set for the lines, grades or measurements of the work in their proper places until authorized to remove them by the City Engineer. Any expenses incurred in replacing said stakes that the Contractor may have failed to preserve shall be borne by the Contractor. (c) Grades for all pipelines will be set on the surface of the ground and the Contractor shall transfer them to the bottom of the trench. At no time shall less than three G. P. 2 (3) -consecutive grade points be used in common so that any variation from a straight grade can be detected. Any such variation shall be reported to the City Engineer and in the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. (d) The Contractor shall preserve all bench marks, stakes and other survey marks, and incase of their removal or destruction by his own employees or by his subcontractor's employees, he shall be liable for the cost of their replacement. Section 4. Control of Materialso Subsection 4-1.3 is modified to delete the requirement for inspection at the source of asphaltic concrete. 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 800 west Cienega- San Dimas, California 91773 (7 14) 59 2 -3 72 4 Walnut Valley Water District 271 South Brea Canyon Road Walnut, California 91789 (714) 595-7554 G. P. 3 Southern California Gas Company Distribution Department 920 S. Stimson Ave. City of Industry, California 91745 (714) 394-4327 Underground Service Alert 1 (8 00) 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. Subsection 5-4. Relocations. The City of Diamond Bar has water mains, valves, sprinkler electrical controls, services and meters within the project area which conflict with the new work. Much of the modification and/or relocation work will necessarily be done currently with Contractor's improvement operations. Therefore, Contractor will necessarily have to work around some City facilities and closely coordinate with the City. 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 the Contractor in Conduct of His Work. Section 7-2. Labor amendedby the addition of the following: Labor Discrimination. No discrimination shall be made in the employment of such personsupon 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. G. P. 4 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 the any other cause, whether arising from the execution or from the non execution of 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. 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 7-4.1 Duration of Contract The Contractor shall begin work on or before the date of a written "Notice to Proceed", which shall be not later than 20 calendar days after execution of contract, and shall complete the entire work within sixty (60) calendar days. Subsection 7-10.1. Traffic and Access is amended by addition of the followinct: No public street, or portion thereof, may be closed to through traffic as 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 G. P. 5 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. Payment for this work shall be included in Bid items No. 1 (Irrigation System Installation). 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 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 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 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 trenches five feet or more in depth, the Contractor shall submit for acceptance by the awarding body, or by a registered civil or structural engineer employed by the awarding body, to whom authority has been delegated, in advance of excavation, of a detailed plan showing the design of shorings, bracing, sloping or other provisions to be made for worker protection from 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 G. P. 6 Subsection 9 -3 --is modified by addition of the following paragraphs• The Contractor agrees that the payment of the amount under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City. of Diamond Bar, the City Council, the City Manager, and the City Engineer of any and all claims or liability on account of work performed under the contract or any alterations thereof. Progress Payments. The Contractor shall be entitled each month to a monthly progress payment in an amount equal to ninety percent (90%) of the estimated percentage of actual work completed by the end of the preceding calendar month, based on the contract price less all previous payments, provided that in all events the City shall withhold no less than ten percent (10%) of the contract price until final completion and acceptance of the work. The Contractor may substitute in lieu of cash retention. This payment on account shall in no way be considered as an acceptance of any part of the work or material of the contract, nor shall it in any way govern the final estimate. 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 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 remainingunpaid shall be paid 35 calendar days after the recording of a Notice of Completion by the City. The payment of =he 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 form any and all claims on account of the work performed under the contract or any alterations thereof. G. P. 7 . SPECIFICATIONS FOR THE PROVISION OF LANDSCAPE AND APPURTENANT MAINTENANCE SERVICES FOR SPECIAL LANDSCAPE MAINTENANCE DISTRICTS 1. SCOPE OF THE WORK AND CONTRACT 1.01 The Work to be done under these specifications shall include the furnishing of all labor, material and equipment necessary for the provision of landscape and appurtenant maintenance services asset forth in these specifications including the exhibits attached hereto within the boundaries of the Special Districts and as said boundaries nay have been heretofore or may be hereafter altered. 1.02 The foregoing -work shall be done in a thorough and workmanlike manner under the direction and to the satisfaction of the Director of the Parks and Maintenance Department. The premises shall be maintained at the level of service provided for in these specifications at all times. 1.03 The Contractor shall have the ex=clusive duty, right and privilege to mow, edge, trim, overseed, reseed, fertilize, aerate, irrigate, hand water and bleed valves as necessary during emergencies when automatic systems are not functioning, prune, trim, and renovate turf and shrub areas designated hereunder, as Drell as to provide weed control, disease control, tree maintenance within the District, maintenance of sprinkler systems including backflow prevention devices, repair of walkways, pumps; and the necessary maintenance of any appurtenant structures and equipment. 1.04 In return for the exclusiveness of said Contract and, the other considerations provided for herein, the Contractor agrees to provide the landscape and appurtenant maintenance services within said District without any further compensation except as otherwise specifically provided for in the contract and/or specifications. 1.05 The Contractor shall not work or perforn anv operations particularly during periods of inclement weather, which nay destroy cr damage plant, groundcover or turf areas. 1.06 The Contractor shall, during the s:ecified hours and day=_ of operation, respond to all emergencies within two (2) hours of notification. 1.07 The Contractor shall perform a maintenance inspection weekly during daylight hours of all areas withir the premises. Such inspection shall be both visual and operational. It, shall include operation of all irrigation, lighting and other mechanical systems to check for proper condition and reliability. -1.08 The term Director as used in these specifications shall mean Director of the Parks and Maintenance or his authorized representa- tive(s). 2. AREAS TO BE MAINTAINED 2.01 There are medians, parkway panels, cul-de-sac islands, village greens, adjacent roadway slopes, open space lots, linear greenbelts, pasecs, fire protection slope areas, gate entry areas, creek beds, semi -natural, and natural areas with tura, plants, trees, and SPl ground cover which are irrigated by manual and/or an electrically controlled automatic systems. 2.02 An identification of the areas to be maintained is provided in Exhibit A attached to these specifications.. 2.03 The bidder, before submitting his bid, shall visit all existing areas to be maintained and inform himself fully as to all conditions that might affect the work specified. Said inspection of these areas in the company of City representatives will be required as a condition of submitting a bid and all bidders must attend the bidders' conference which will be held on the site on the day of the walk-through inspection. 2.04 Estimated square footages by district are provided for all areas to be maintained on the attached Exhibit A. However, it is the responsibility of the Contractor to verify by inspection and to observe the various slope characteristics. 3. CERTIFICATIONS/REPORTS 3.01 Certification Contractor shall complete the attached Landscape Maintenance certification form designated Exhibit B and shall submit same to Director concurrent with the monthly invoicing. The monthly payment to the Contractor will not be made until such report has been received by the Director. 3.02 In addition, when applicable, Contractor shall submit with the monthly invoice and Landscape Maintenance certification fore.., a report indicating, for those specialty type maintenance operations completed, the quantity and complete description of all commercial and organic fertilizer(s), grass seed and soil amendments used and a valid licensed California Pest Control Advisor's recommendation and copies of corresponding pesticide use report signed by a licensed California Pest Control Operator for all chemical disease and pest control wort; performed. 3.03 Maintenance Function Report Contractor shall maintain and keep current a report for: that records all On -Going, Seasonal, and Additional Work, maintenance functions performed on a daily basis, by Contractor's personnel. Said report shall be in a form and content acceptable to the Director and shall be submitted to Director concurrent with the monthly invoicing. The monthly payment will not be made until such report is received by the Director. 4. ADDITIONAL WORK 4.01 The Director may at his discretion authorize the Contractor to perform additional work, in accordance with the provisions of the contract including but not limited to, repairs and replacements when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and third party negligence; or improvements in order to add new, modify existing or to refurbish existing landscaping and irrigation systems as provided for in the contract authorizing the provision of those services. SP2 5. 6. 4.02 Prior to performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials. No work shall commence without the written authorization from the Director. Not withstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Director may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twenty-four (24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Director for approval. 4.03 All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. CONTRACTOR'S LIABILITY 5.01 All damages incurred to existing improvements located within areas under maintenance which in the City's opinion are due to the Contractor's operation shall be repaired or replaced at the Contractor's expense. 5.02 All such repairs or replacements shall be completed within the following time limits. a. Irrigation damage shall be repaired or replaced within one watering cycle. b. All damages to shrubs, trees, turf or groundcover shall be repaired or replaced within five (5) working days. 5.03 All repairs and/or replacements shall be completed in accordance with the following maintenance practices. a. Trees - Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. - If damage results in loss of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of Director. b. Shrubs - Minor damage may be corrected by appropriate pruning. - Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in Section 18 of these Specifications. C. Chemicals - All damage resulting from chemical operation, either spray -drift or lateral -leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil conditioned to insure it's ability to support plant life. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 6.01 Should any misunderstanding arise the Director will interpret the Agreement. If the Contractor disagrees with the interpretation of the Director, he shall continue with the work in accordance with the Director's interpretation. Within thirty (30) days after receipt of the interpretation, he may file a written request for a hearing before a Disputes Review Panel as provided herein. The SP3 - - - written request shall outline in detail the area of dispute. 6.02 The Disputes Review Panel will be appointed by the Director and will be composed of not less than three Non -City personnel having experience in the administration of Landscape maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to the Director, for his consideration, within one (1) week following the conclusion of the hearing. The Director shall render an interpretation based upon his review of the Panel's recommendation. The Director's decision shall be final. 7. OFFICE OF INQUIRIES AND COMPLAINTS 7.01 The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known, and shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from property owners and tenants within said District or from the Director. This person(s) shall be reachable 24, hours per day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of the complaint within one (1) hour of receipt of complaint by the answering service. The telephone of said Contractor shall be on the exchange or exchanges of said District(s) or a toll-free number, and in no case shall the people of said District(s) be required to pay a toll charge to telephone said Contractor. During normal working hours, the Contractor's Foreman or employee of the Contractor, who is responsible for providing maintenance services shall be available for notification through radio communica- tion.. 7.02 Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify the Contractor cause such action to be taken by the City work force and shall charge the cost thereof as determined by the Director, against the Contractor, or may deduct such cost from any amount due to Contractor from City. 7.03 The Contractor shall maintain a written log of all complaints, the date and time thereof and the action taken pursuant thereto or the reason for non -action. The log of complaints shall be open to the inspection of the Director at all reasonable times. 7.04 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Director. If any complaint is not abated within 24 hours, the Director shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director, the Director may correct the specific complaint and the total cost incurred by the City will be deducted and forfeit from the payments owing to the Contractor from the City. SP4 8. SAFETY 8.01 Contractor agrees to perform all work outlined in these specifications in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all local, County, State or other legal requirements including but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL. O.S.H.A. Safety Orders at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at said areas under maintenance and keep a log indicating date inspected and action taken. 8.02 It shall be the Contractor's responsibility to inspect, and identify, any condition(s) that renders any portion of the areas under maintenance unsafe, as well as any unsafe practices occurring thereon. The Director shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making minor corrections including but not limited to filling holes in turf areas and paving, replacing valve box covers, and securing play apparatus if any so as to protect members of the public or others from injury. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring on the premises, including a complete written report thereof -to the Director within five (5) days following the occurrence. 9. HOURS AND DAYS OF MAINTENANCE SERVICE 9.01 Hours of maintenance service shall be either 6:00 a.m. to 2:30 p.m. cr 5:30 a.m. to 3:00 p.m. on those days maintenance is to be provided for a Special District pursuant to the work schedule approved in advance by the Director. 9.02 Contractor shall provide on-site staffing at the prescribed hours five (5) days per week, Monday through Friday at the Special Districts indicated on the work schedules approved in advance by the Director. Any changes in the days and hours of operation heretofore prescribed shall be subject to prior written approval by the Director. 9.03 Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this Agreement shall constitute a legal day's work and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of Twenty- five Dollars ($25.00) for each laborer, worker or mechanic employed in the execution of said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or forty SP5 (40) hours in any one calendar week, in violation of the provision of Section 1811 to 1815, inclusive, of the Labor Code of the State of California. 10. MAINTENANCE SCHEDULES 10.01 Contractor shall provide a work schedule for the Districts to be maintained which shall be submitted to the Director within ten (10) days after the effective date of this Agreement for his approval. 10.02 The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the Director within five (5) working days prior to scheduled time for the work. 10.03 The above provisions are not construed to eliminate the Contractor's responsibility in complying with the requirement to notify the Director for Specialty Type maintenance as set forth immediately hereinafter. 10.04 Contractor shall notify the Director, in writing, at least two (2) weeks prior to the date and time of all "Specialty Type" maintenance operations. "Specialty Type" operations are defined as: a. Fertilization b. Turf aerification C. Turf renovation/verticutting d. Turf reseeding e. Spraying of trees, shrubs or turf e. Other items as determined by the Director Said "Specialty Type" maintenance services shall be performed in compliance with the specialized maintenance program (Exhibit C) attached hereto. Failure to complete special services in accord with the schedules set forth on Exhibit C will result in the Contractor becoming liable to the City for liquidated damages ($100 per day) without' written notice commencing automatically upon the first day following the final date such work was to be completed. 11. CONTRACTOR'S STAFF 11.01 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. All of the Contractor's maintenance personnel shall be supervised by a qualified, English speaking, Foreman in the employ of the Contractor. 11.02 Contractor shall transfer or discharge any employee whose conduct or activity shall, in the reasonable exercise of discretion by the Director, be deemed detrimental to the interest of the public patronizing the premises. Contractor shall transfer or discharge any such person within a reasonable time following notice therefor from the Director and such person shall not be employed at any other City District area of maintenance contracted for and maintained by, the Contractor. SP6 11.03 Director may require the Contractor to establish an identification system for personnel assigned to an area of maintenance which clearly indicates to the public the name of the Contractor responsible for the landscape and appurtenant maintenance services. The identification system shall be furnished at the Contractor's expense and may include appropriate attire and/or name badges as specified by the Director. 11.04 The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirt, shall be worn at all times and buttoned. 12. SIGNS/IMPROVEMENTS 12.01 Contractor shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval therefor is obtained from the Director. 13. UTILITIES 13.01 The City shall pay for all utilities. However, water usage shall not exceed amount required to comply with irrigation schedules established by the Contractor and approved by the Director. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current usage with historical usage for the same time period. The excess cost factor, to be deducted from payments to Contractor from City will be presented to the Contractor by the Director prior to actual deduction to allow for explanations. 14. NON-INTERFERENCE 14.01 Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 15. STORAGE FACILITIES 15.01 City shall not provide any storage facilities for the Contractor. 16. TURF CARE 16.01 The Contractor shall perform at his sole expense the following services: a. Mowing. Turf to be mowed with an adequately NWA sharpened rotary or reel type mower, equipped with rollers, to ensure a smooth surface appearance without scalping. All warm season grasses (Bermuda, St. Augustine, and Kikuyu) to be cut at 1 inch heighth throughout the year. All cool season grasses (Blue Grass and Fescues) to be cut at 2� inches during April through November and at 2 inches during December to March of each year. The mowing heighths will be adjusted by the Director during periods of renovation. All grass clippings will be collected and removed from the site on the same day the area is mowed. A mowing schedule will be established and main- tained. This schedule will provide that all areas will be mowed not less than once a week during the warm season of April to November and once every two weeks during the cool season of December to March. This schedule will be submitted to the Director for approval. b. Edging. With each cutting, the edge of the grass along sidewalks, curbs, shrub and flower beds, and walls shall be trimmed to a neat and uniform line. Where trees and shrubs occur in turf areas, all grass shall be removed 6 inches from the trunks of trees and away from the drip line of shrubs by use of power scythe, approved chemicals, or small mowers as required. Trim around all sprinkler heads as necessary in order to provide maximum water coverage. Edging will be done concurrent with each mowing. The edge of the turf shall be trimmed around value boxes, meter boxes, backflow devices or any structures located within the turf areas. All turf edges are to be maintained to prevent grass invasion into adjacent shrub, flower, and ground cover bed areas. All clippings shall be removed from site the same day area is edged. After mowing and edging is completed all adjacent walkways are to be swept clean by power blower. C. Weed Control. Control turf weeds as needed and in accordance with the specialized maintenance program (Exhibit C). Hand removal of noxious weeds or grasses will be required as necessary. d. Insect/Disease Control. Eliminate all insect or disease affecting turf areas as they occur. e. Aeratincr. Aerate all turf areas four (4) times annually in accordance with the specialized maintenance program (Exhibit C). Aerate all turf by using , inch tines removing 2 -inch cores of sod with an aerator machine at not more than 6 -inch spacing once over. Director is to be notified at least two (2) weeks prior to the exact date of aerating. f. Thatch Removal. Renovate all warm season grasses to the soil line and verticut all cool season grasses once annually prior to the overseeding operation to be performed in the fall of each year. Equipment will consist of standard renovating or vertical mowing types. Director is to be notified at least two (2) weeks prior to the exact date of renovation. g. Irrigation. Irrigation, including hand watering and bleeding of valves during an emergency situation, as required to maintain adequate growth rate and appearance and in accordance with a schedule most conducive to plant growth. Contractor to provide Director with monthly written irrigation schedule on form provided for this purpose. Director shall have the ability to change the irrigation schedule as the need develops. Adequate soil moisture will be determined by programming the automatic sprinkler controllers as follows: (1) Consideration must be given to the soil conditions, seasonal temperatures, wind conditions, humidity, minimizing runoff and the relationship of conditions which affect day and night watering. This may include daytime watering during winter weather to prevent icy conditions and manual operation of the irrigation system during periods of windy or inclement weather. During freezing and/or windy conditions, automatic irrigation will be discontinued. (2) In areas where wind creates problems of spraying water onto private property or road rights-of-way, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night (between the hours of 7:00 p.m. and 6:00 a.m.). (3) The Contractor shall be responsible for monitoring all systems within the jurisdiction of this specification and correct for: coverage, adjustment, clogging of lines, and removal of obstacles, including plant materials which obstruct the spray. (4) Check systems daily and adjust and/or repair any sprinkler heads causing excessive runoff, including slope areas, or which throw directly onto roadway paving or walks (where sprinkler heads can be adjusted) within the District. (5) All controllers shall be adjusted on a weekly basis considering the water requirements of each remote control valve (sprinkler station). (6) Irrigation system will be controlled by Contractor in such a way as not to cause an excessively wet area which could interfere with the Contractor's ability to mow all turf. (7) The Contractor shall observe and note any deficiencies occurring from the original design and review these findings with the Director, so necessary improvements can be considered. (8) Contractor shall repair all leaking or defective valves immediately upon occurrence, or within twenty-four (24) hours following notification from the Director of such a deficiency. (9) A soil probe shall be used to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones. (10) Contractor shall file a monthly statement with the Department of Parks and' Maintenance certifying that all irrigation systems are functioning properly and provide a monthly irrigation schedule for the succeeding month. (11) Contractor shall also be required to file a yearly certification with the Department of Health Services that all backflow prevention devices on the irrigation systems are operating in accordance with the requirements established by the Los Angeles County Health Services Department. It will be the responsibility of the Contractor to repair and replace when necessary subject to the provisions of Section 21 hereunder all backflow prevention devices at his sole expense. Said certification shall be completed within thirty (30) days upon notification from the Department of Health Services that said certifications are due. h. Fertilization. Turf shall be fertilized with a balanced type commercial fertilizer twice (2) a year during the months of May and September. All fertilizer used shall be inorganic and granular. _— SPS _._ Rate for each application shall be one (1) pound of actual available nitrogen per 1,000 square feet of a balanced type commercial fertilizer. The balanced fertilizer shall be approved by the Director and shall be of a 4-1-2 ratio. In addition to the balanced type commercial fertili- zation, the Contractor shall fertilize all turf areas with ammonium sulphate during March, April, and July of each calendar year at a rate of one (1) pound of actual available nitrogen per 1,000 square feet and with calcium or ammonium nitrate during November, December, and January of each calendar year at a rate of one (1) pound of actual available nitrogen per 1,000 square feet. All turf areas fertilized shall be thoroughly soaked immediately following fertilization. i. Turf Reseeding. Contractor shall once each year in fall, overseed all turf after aerification and overseed all bare spots as needed throughout the remainder of the year to reestablish turf to an acceptable quality. When Contractor reseeds turf he will aerify, renovate or verticut, seed and mulch (spread evenly over the entire area to a uniform depth of 1/4 inch) in this sequence. The Director may require the use of sod when deemed necessary. Contractor shall be entitled to additional compensation for the cost of the sod only provided loss of turf was not due to the negligence of the Contractor. Overseeding shall be sown at a rate of five (5) pounds per 1,000 square feet and reseeding of bare areas shall be sown at a rate of eight (8) pounds per 1,000 square feet. The following seed specifications shall be used for all overseeding and reseeding. Name Proportion By Weight Purity Germination Newport Blue Grass 20% 95% 90% Lolium Perenne 'Pennfine' Rye 26 1/3% 9516 850 Pennant Rye 26 1/3% 950 850 Derby Rye 26 1/3% 95% 85% 17. SHRUB AND GROUND COVER CARE 17.01 The Contractor shall perform at his sole expense the following services: a. Pruning. Prune shrubbery during the month of January through March to encourage healthy growth habits and for shape and appearance with the exception of roses which shall be pruned no later than January. All shrubs shall be free of dead wood, weak, diseased, insect infested and damaged limbs at all times. Remove all clippings the same day shrubbery is pruned. b. Trimming. Restrict growth of shrubbery and ground covers to area behind curbs and walkways, and within planter beds by trimming, as necessary, or upon written notice by the Director. C. Renovation. Renovate ground covers according to prescribed practices in the industry as needed to maintain a healthy vigorous appearance and growth rate. d. Disease and Insect Control. Maintain free of disease and insects and treat when needed pursuant to section 20. SP10 e. Weed Control. All ground cover and shrub beds are to be kept weed free at all times. Methods for control can incorporate one or all three of the following: (1) Hand removal. (2) Cultivation. (3) Chemical eradication. f. Fertilization. Apply fertilizer at least two (2) times per year (during the months of March and April, and September and October) to provide a healthy color in all plants with foliar feedings if applicable. Contractor will cultivate around plants where needed. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with a fertiliza- tion schedule, with two (2) weeks notification prior to the proposed fertilization. bleeding of valves inremergency situationsewhe euautomat c ding hand watering stems are not functioning as required to maintain adequatey appearance. Section 16, Paragraph 9, concerning irrigation rate and shall apply to shrubs and ground covers. g practices h. Shrub and Ground Cover Replacement. All damaged, diseased (untreatable) or dead shrubs and ground covers will be replaced With the exact same material that existed and of similar size as required by the Director unless otherwise notified by the Director in writing. Substitutions for an yplant materials must have priap in writing by the Director. Original plans and shoupldroval consulted to determine correct identification of species. All shrubs shall be guaranteed to live and remain in healthy condition for no less than six (6) months from the date of acceptance of the job by the Director. 18. TREE CARE 18.01 The Contractor at his sole expense shall following services: perform the a. Tree Maintenance: prunin p (1) Contractor shall be responsible for the g, sha ing and removalof trees under 15' in height. The Contractor shall inform the Manager's office of any damaged or diseased trees or any trees that pose a threat to adjacent concrete, walls or property. All be maintained free rees ll diseased and damaged (bran hestback toathe Point of breaking. cutsalldmust be made flush with the parent limb or trunk to promote proper healing. Any cuts exceeding one and one-half (1;) inch will be treated with a wound dressing. All sucker growth is to be removed from trees as it occurs. (3) Maintain seven (7) foot clearance for branches overhanging walks and fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of streets where applicable. (4) Control insects and diseases as needed pursuant to the provisions of section 19 and Exhibit C. SPI 1 (5) Stake and support all replacement trees and replace stakes which have been broken or damaged on existing trees as required. treated lodge (a) Tree stakes shall be pentachloraphenol ge p ole pine not less than eight (8) feet in length for five (5) gallon size trees and not less than ten (10) feet for fifteen (15) gallon trees sizes (two (2) per tree). (b) Guy wires where required and plant ties will be of pliable, zinc -coated ten (10 gauge wire (two (2) ties per tree) . (c) Hose for covering wire to be either new or used garden hose at least one-half (,) inch in diameter those ties should allow for minimum of three (3) additional inches of clearance beyond the diameter of the branch or trunk being secured). (d) Stakes will not be placed closer than eight (8) inches from trunk of the tree. and ties will be placed so no chafing of bark occurs and)shallabes checked frequently and retied to prevent girdling. b. Fertilization. Apply fertilizer within dripline at least once per year (during the months of March or April) to provide a healthy color in all plants. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with two (2) weeks notification prior to the fertilizer application. C. Irrigation. Irrigation will be programmed in conjunction with automatic controllers or manual control valves servicing turf or ground cover and shrub areas in accordance with t'ne requirements of Section 16, Paragraph 9. d. Permits. If a permit is required for tree pruning, City Department of Parks and Maintenance will obtain permit prior L -o commencement of work by Contractor. e. Tree Replacement. All trees permanently damaged Ly any means will be replaced as provided for under Sections 6 or 24 with the identical species of tree existing previously, unless otherwise notified in writing by the Director. The need for and the size o, replacement will be determined by the Director at the monthly maintenance inspection meeting or upon written notification. Size of the replacement shall be of a like size not to exceed a 24 -inch box specimen container size. Substitutions will require prior written approval by the Director. Original plans and specifications should be consulted to insure correct identification of species. f. Olive Tree Spraying. Ornamental olive trees shall be sprayed to prevent fruit set by use of "Maintain." Two applications shall be required 7-10 days apart. The first application shall be applied when 1/2 to 3/4 of the olive blooms are open (sometime between April 1 and May le). Both spray applications shall be put on using a power sprayer with a minimum of 150 p.s.i. pressure. 19. USE OF CHEMICALS (PESTICIDES) AND DISEASE AND PEST CONTROL 19.01 The Contractor shall perform at his sole expense the following services: a. Chemical Application. All work involving the use of chemicals will be accomplished by a State of California licensed pest control operator. A written recommendation by a person possessing a valid California Pest Control Advisor License is required prior to chemical application. b. Permits. All chemicals requiring a special permit for use must be registered by the Contractor with the County Agricul- tural Commissioner Office and a permit obtained with a copy to the City Department of Parks and Maintenance prior to use. A copy of all forms submitted to the County Agricultural Commissioner shall be given to the Director on a timely basis. C. Compliance with Regulations. All regulations and safety precautions listed in the "Pesticide. Information and Safety Manual" published by the University of California will be adhered to. d. Pest Control. Control of ground squirrels, gophers, and other burrowing rodents by trapping and/or eradication will be provided by the District. Whenever holes are visible upon the surface, these holes shall be filled and securely tamped by contractor to avoid moisture runoff entering the holes. This procedure shall be followed in all areas especially within all slope areas. 20. GENERAL CLEAN-UP 20.01 The Contractor shall perform at his sole expense the following services: a. Trash Removal. Remove all trash and accumulated debris from site. b. Policing of Areas. All areas under maintenance and other designated areas will have above identified trash removed Mondays, Wednesdays and Fridays of each week throughout the year. C. Concrete/Asphalt Median Strii Maintenance. Contractor is responsible for weed and grass removal within concrete asphalt median strip areas, if any at all times. d. Curb and Gutter Maintenance. Contractor is responsible for removal of weeds and grass from curb and gutter expansion joints at all times. e. Walkway Maintenance. Walkways, if any, will be cleaned immediately following mowing and edging and cleaned by use of power sweeping or blower equipment not less than once per week. This includes removal of all foreign objects from surfaces such as gum, dog feces, grease, paint, graffiti, etc. All walkway cracks and expansion joints shall be maintained weed and grass free at all times. f. Drain Maintenance. All drains and catch basins shall be free of siltation and debris at all times. g. Removal of Leaves. Accumulations of leaves shall be removed from all areas not less than once per week. 21. IRRIGATION SYSTEM MAINTENANCE OR REPAIR 21.01 All irrigation systems within the District areas designated in this specification will be repaired and maintained as S P 13 required for operation, by the Contractor at his sole expense in the following manner: a. Scope of Responsibility. The Contractor shall maintain (repair or replace as needed) and keep operable all irrigation equipment consisting of sprinkler heads, valves, lines, quick couplers, risers, automatic controllers, batteries, and backflow prevention devices. This paragraph does not require the Contractor to make a complete piping replacement of the system. b. Replacement Recruirements. Replacements will be of original materials or substitutes approved by the Director in writing prior to any installation. C. Extent of Responsibility. The Contractor will be responsible for immediate maintenance (repair or replacement) of all irrigation systems. Contractor will be responsible at all times for hand watering and the bleeding of valves in emergency situations as required to sustain and prevent loss of turf, trees, plants, and ground covers when automatic systems are not functioning. The replacement Section 21 requires to be provided by the Contractor shall be the normal deterioration, wear and tear, or negligence upon the part the of Contractor. The replacement required by Section 21 caused by f the ra- ordinary incidents of vandalism, acts of God, and third party negligence will be accomplished by the Contractor pursuant to the provisions of Section 23 of this Specification. However, the District(s) will continue the program of reimbursing the Contractor for the replacement with a new diaphragm valve of any piston type valve deemed to be unrepairable by the Director. However, the Contractor will be reimbursed only for the wholesale cost of the new diaphragm valve including sales tax plus 15% for overhead and profit (not for the labor to install). d. Ordinances. All materials and workmanship will be in accordance with applicable City or County Plumbing Ordinances. Where the provisions of the specifications exceed such requirements, the specifications shall govern. 22. MAINTENANCE AND REPAIR OF WALKWAYS & SERVICE ROADS, DRAINAGE SYSTEMS, CONCRETE BLOCKWALLS & MISCELLANEOUS IMPROVEMENTS 22.01 Walkways and Service Roads. All walkways and service roads, if any, shall be maintained by the Contractor so as to keep the integrity of the walking or driving surface in a safe, unimpaired condition. The Contractor shall be entitled to additional compensation for maintaining walkways and service roads in the following manner: required. a. Broken corners will be removed and repaired as b. Broken curbs or headers adjacent to or part of roadways or walkways will be repaired or replaced. c. Contractor will not be responsible for total replacement of roadways or walkways as a result of normal deterioration, but will be required to replace all improvements damaged by his negligence . 22-02 Drainage Systems. The following services shall be provided by the Contractor at his expense except as otherwise provided for: SP14 a. All surface drains ("V" ditches), if any, shall t -e kept clear of debris so that water will have an unimpeded passage to its outlet. Contractor will repair or replace concrete portions as necessary for which the Contractor will receive additional compensation. b. All sub -surface drains (except storm drains) any, shall be periodically flushed with water to avoid build-up of silt and debris. All inlets to sub -surface drains shall be kept clear of leaves, paper and other debris to ensure unimpeded passage of water. Contractor shall replace all broken or stolen sections of pipe, catch basin boxes and grates, for which additional compensation shall be authorized. 22.03 Miscellaneous Improvements. It will be the responsibi- lity of the Contractor to repair or replace miscellaneous improvements such as signs and mowing strips, and any other structural improvements within the District unless otherwise specified. Contractor shall be entitled to additional compensation for these services. 23. MAINTENANCE, REPAIRS AND REPLACEMENTS DUE TO EXTRAORDINARY INCIDENTS 23.01 Contractor shall be responsible for performing maintenance, repairs and replacements, when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and Third party negligence in accordance with the provisions Section. The Contractor of this shall replace as the result of any of the extraordinary incidents described in this Section (1) damaged, diseased (untreatable) or dead shrubs, ground cover and trees in accordance with Sections 17 and 18 and (2) inoperable irrigation equipment described in Section 21. The Contractor shall submit a written estimate of the cost for performing such work. The Director may, upon review and approval of such estimate, authorize the Contractor to perform said work by the issuance of a written Work Order. After submittal of the bill, the Contractor ~.311 be reimbursed only for the agreed upon cost estimate. Allowable elements of cost for (1) the replacement of shrubs, ground cover, and trees shall be their wholesale cost including sales tax and cost of labor plus a factor of 15 percent (15%) for overhead and profit and (2) the replacement of Irrigation Equipment as defined in Section 19 of these Specifications shall be only the wholesale cost of equipment including sales tax (no reimbursement for Contractor's cost of labor) plus a factor of 15 percent (15°x) for overhead and profit. In the event the Contractor's written estimate is not approved,.then the Director reserves the right to contract with a third party to perform such work. 24. MAINTENANCE INSPECTIONS 24.01 The Contractor shall: a. Weekly perform a maintenance inspection during daylight hours of all facilities within the District. Such inspection hall be both visual and operational. The operational inspection shall include operation of all sprinkler, lighting and other technical systems to check for proper operational condition and reliability. SP15 b. Monthly meet on site with an authorized representative of the Director for a walk-through inspection. Said meeting shall be at the convenience of the Director and may include residents of the community. The Director shall notify the appropriate local representatives of the time and place of each walk-through inspection at least one (1) week prior to such inspection. In addition, weekly interim inspections may be made by the Director. Any corrective work required as a result of a monthly inspection or any interim inspection by the Director shall be accomplished to the satisfaction of the Director within three (3) days of the notification of deficiencies, except in the case of a leaking valve which must be repaired within 24 hours following notification. 25. PLAYGROUND EQUIPMENT MAINTENANCE 25.01 All playground sites and equipment shall be inspected at the start of each work day and sand cleaned and raked level to remove any foreign and hazardous material and neatly groomed. 25.02 Special attention shall be made to low sand areas, around play equipment. These sand areas shall be leveled by distributing sand from high areas to low areas. 25.03 All sand play areas shall be maintained free of litter, cans, pop tops, broken glass and other debris. 25.04 All playground sites and equipment Monday through Friday throughout the year and Contractorbshallcked cleanaily and remove litter from sand areas daily, Monday through the year. Any unsafe Friday throughout condition of play equipment shall be corrected and/or reported pursuant to Section 8 of these specifications. 25.05 By the 10th of each month, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After totilling, all areas shall be raked level. 26. FIRE PROTECTION SLOPE AREAS MAINTENANCE 26.01 These slope areas are hillside areas and are designed to meet Los Angeles County Ordinances for fire retardation. These areas generally occur in sloping terrain with gradients ranging 10 percent to 100 percent. Slopes are either manufactured or natural. The natural slopes have been brushed to remove certain plant materials. Manufac- tured slopes have been hydromulched in accordance with applicable County ordinances. Use of these areas by the residents should be minimal. 26.02 The maintenance of the natural slopes re weeds and native brush be clippedp quires that the distance of at least 100 feet from a dwelling or structure. of 2 to 4n ches Also,for dead wood from woody plants shall be trimmed when the area is brushed. Apply water within the cleared zone only as needed during fire season to maintain sufficient moisture content for sustenance of the plants and to inhibit combustion. Remove all debris from this operation off the District property. Weeding shall commence immediately following the rainy season once the growth of weeds has reached a maximum of 12 inches in height or when the County Fire Marshall has determined that a fire SP16 hazard condition exists. The required weeding shall be completed as soon as possible following its commencement and shall be completed throughout a District within a maximum period of thirty (30) days. Contractor shall be responsible for maintaining the brushed slope areas throughout the year in accordance with the above -identified height of weeds, dead wood removal and distance from dwellings or structures requirements. This may require that certain areas will need additional brushing as directed by the County Fire Marshall. Contractor will be paid additional compensation for additional brushings at the rate specified in the form of bid. Also, Contractor shall fertilize twice•a year shrubs in these areas with inorganic 10-6-4 and remove weeds to a distance of 30 feet measured from any sidewalk adjacent to a fire protection slope area. 26.03 Where reference is made to weeding, brushing or clearing within 100 feet of a structure, it is intended that the space between the structure and the private property line is the responsibility of the owner of the property. As an example, assume a private residential lct has a depth of 100 feet, the rear or side of which abuts a fire protection slope. Assume that the structure is set back 20 feet fres; the property line abutting this slope. The Contractor's responsibility is within the portion or balance of the 100 feet outside of the private property boundary, or, in this case, 80 feet. Consult with the Director for any questions regarding these areas. 26.04 The maintenance of the manufactured slopes requires that the planted slopes be kept weed free at all times. Contractor shall program the irrigation system to deliver sufficient moisture within the root zone of trees and shrubs to sustain growth. Contractor shall be responsible for any damage to slope areas caused by excessive watering practices. Plants and trees shall be fertilized in accordance with the requirements of Sections 17 and 18 of these Specifications. Weeding will be subject to the special conditions identified in Exhibit D of these specifications. 27. NATURAL AREAS MAINTENANCE 27.01 Natural areas are open space areas that have minimal usage due to the sloping character of the land and the rugged landscape materials that are native to the land. Contractor will provide periodic maintenance consisting of debris removal only as directed by the Director. 28. TERM OF AGREEMENT 28.01 This Agreement shall take effect and commence upon its execution by the District and, unless executed on the first day of a calendar month, shall continue for the rest of the partial calendar month in which executed and for a period of twelve (12) full calendar months thereafter. 28.02 The District shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days SP17 prior to the expiration of the initial term of this Agreement, or of any additional 1 year extensions. 29. CONTRACTOR'S COMPENSATION 29.01 Should this Agreement commence on other than the first day of a calendar month, the Contractor's compensation for that partial calendar monthly shall be prorated at the rate of 1/30 of the full monthly rate per day, to an including the last day of the partial calendar month. 29.02 In the event the District exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 28.02, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: The compensation provided herein shall be adjusted to reflect the increase, if any, in the cost of living during the previous year by adding to the Contractor's monthly compensation the amount, if any, obtained by multiplying the Contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index (CPI) for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month" reported by the Bureau of Labor Statistics of the United States Department of Labor, has increase dover the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Manager's Office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. SP18 I x v Y x XYs S W P E - f 2.0G AO PEC, xxc z� >0 ACiP-ES EXHIBIT~ ?„ LANDSCAPE MAINTENANCE CERTIFICATION I (We) hereby certify under penalty of perjury that the work within the facilities specified under the provisions of County Agreement No. has been performed in accordance with the specification of said Agreement for the month of 19 , and that: 1- Not less than the prevailing wages, as determined by the State Department of Industrial Relations, have been paid to personnel employed to do this work. 2. All On -Going Maintenance Tasks have been completed as provided for in said Agreement and Specifications. 3. Irrigation systems have been checked for operability and that the following are functioning properly. a. Irrigation lines b. Valves C. Sprinkler heads d. Controllers 4. Spraying and/or use of chemicals has occurred. If Yes, has: a. Copies of the PCA's written recommendation been sent to the Inspector? 4 b. Copies of the Pesticide Use Report been sent to the Inspector? C. Copies of restricted use Permits been sent to the Inspector? 5. Specialty Type Maintenance has been requested. If Yes, has: a. The inspector been notified in writing? b. If applicable, quantity and complete description of materials used been sent to inspector? C Z. n V m n1 1 n 79t;; n� j 6n 0 z o 0_ Cf� zi Z; .7 D CC, cO �O 7 A 7 � O �.. <i. F.. Fs. + C� T n O -� ti T r 7� O ��.. r p, 7, �a. wG T T O O O l l _ O z 0 0 NN N to ' ^ O n Z O < � C m 3 I � 0 R 0 0 S o 0 c v C Z. n V m n1 1 n DIAMOND BAR LLAD NOB. 39 AND 41 The program for the control of Fescue on the planted slope areas within the Diamond Bar Hills and the Diamond Bar High Country developments shall consist of the following pre -emergent and Post emergent herbicide applications. Ronstar shall be applied at the rate of 100-200 pounds per acre to prevent the germination of new Fescue and will put the existing Fescue under unfavorable stress allowing the existing ground cover to push out the Fescue by outgrowing it. Fusilade at the rate of one pint per acre shall be applied to control existing Fescue. Therefore, this program provides for the use of Fusilade as a Post -emergent grass killer and Ronstar as a pre -emergent grass herbicide to control Fescue found on these designated slopes. This program shall be repeated as often as needed to eradicate or control the growth of Fescue on these slopes. The above conditions will be discussed on the site during the scheduled walk-through inspection which all prospective bidders will be required to attend. CITY OF DIAMOND BAR 21660 E. Cop10Y Driv* Diamond Bar, CA 9176S PROJECT CHANGE ORDER #1 ___=====a=xs:=xxx=xxxasa=aaa:a:assasaassssssss:ss:ssxxaxxsxaaa:a==aaa===x====__ THIS CHANGE ORDER IS APPLICABLE TO: PROJECT NO. 138-4538-5500 PROJECT TITLE Addendum to contract for lighting and landscape maintenance of District No. 38 CONTRACTOR Accurate Landscape and !Maintenance Corp. NOTICE TO PROCEED February 1, 1993 TOTAL OF CONTRACT PRIOR TO SCHEDULED COMPLETION DATE June 30, 1993 THIS CHANGE ORDER $ 3211.60/mon _ sssssssss�::sem:ssssssssss:::s:ass=ess:ssaa===== CONTRACTOR IS AUTHORIZED TO MAKE THE FOLLOWING CHANGES: Addition of south side of Temple Avenue between Diamond Bar Blvd. and Golden Springs Road to excisting L.L.A.D. #38 Maintenance Contract. THE AMOUNT OF THs CONTRACT WILL BE INCREASED/ DECREASED BY THE SUN OF $ 50.00/mon THE CONTRACT PERIOD WILL BE - CONTRACT TOTAL INCLUDING INCREASED/DECREASED/UNCHANGED DAYS THIS CHANGE ORDER $3y_6' assssssssa:::sssssassssss:sssssss�s:sss::s==moi ==axaas:::s:s::sss:sas:sss:sem=== APPROVED BY DATE REVIEWED BY INITIALS DATE t PROJECT COORDINATOR C R PROJECT MANAGER Ld eSCAV3 ' 3 CITY OF DIAMOND BAR 21660 E. Copl*y Driv* Diamond Bar, CA 91765 PROJECT CHANGE ORDER #2 =assay=axaxaxax==asaxxxxxaxxaaasasaaasas:asass::::sss:aa:aaazaa=xsaaax--_--_--- THIS CHANGE ORDER IS APPLICABLE TO: PROJECT NO. PROJECT TITLET-jahti ng anA t a-A-a..a2C Maintenance for District 38 NOTICE TO PROCEED CONTRACTOR Accurate Landscape Maini TOTAL OF CONTRACT PRIOR TO SCHEDULED COMPLETION DATE ,,. ?s - _SQA THIS CHANGE ORDER $400665.63 CONTRACTOR IS AUTHORIZED TO MAKE THE FOLLOWING CHANGES: To maintain the newly landscaped median on Golden Springs Dr. at Adel Change Order for four months of the 1993/1994 Fiscal Year totals $1040.00 (260.00 dollars per month). I THE AMOUNT OF THE CONTRACT WILL BE INC$E►ZSED/DECREASED BY THE SUM OF $ Lai np =x==x=x s? x as s al�siss!=sississ!!!s!!!llsssss!!s!s!llssslsassliissssssssx 3x = THE CONTRACT PERIOD WILL BE CONTRACT TOTAL INCLUDING INCREASED/QECREASED/UNCHANGED DAYS THIS CHANGE ORDER $417nS_63 ===x=aaxaaaasxa:sssssszssssassssssssssssssassss! sazszssszsaz=as==== REVIEWED BY INITIALS DATE APPROVEDovBY _ DATE PROJECT COORDINATOR _ ` 2/z 2/28/94 PROJECT MANAGER 2/28/94 2/28/94 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 ACCURATE LANDSCA F AND MAINTENANCE CORPORATION 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 ACCURATE LANDSCAPE AND MAINTENANCE CORPORATION and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment and material for Maintenance of Lia Mainht'nu & Landscape tenance District No 38 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 provision of the_ landscape and appmaintenance seurtenant maivices as set forth in the specifications for Liahtina & Landscape Maintenance Di Diamond Bar. strct 38 iNo in the City of 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. 1 3. TERMS OF CONTRACT a• The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of contract. This agreement shall take effect and commence on July 1 1991 for a period of twelve (12) months. b. The City shall have the option to extend this agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving the contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accord- ance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance wit the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." F b. For all operations of the Contractor or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 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. 3 d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wageslic for work of a similar character in the locality in which the pub 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 p s to arty on request. City also shall cause a copy of such d eterminatibe 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 pre - done wailing rate of .-wages hereinbefore stipulated for any work him or by any subcontractor under under the attached contract, by 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 proper the regulations of the California Apprenticeship council, indentured apprentices may be employed in the prosecution of the work. 4 Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established fir 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 sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. 5 The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or account- able in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor, of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful mis- conduct of City, its employees, servants or independent contrac- tors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors or invitees pro- vided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims,, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in coDnection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations and liabilities arising out of 'or in connection with such work, operations or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation or activities of the Contractor hereunder, the Contractor agrees to pay to City and any all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. 10. NON-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: Except where additional compensation is specifically provided for in this Agreement, City will pay contractor for his services under this Agreement set forth in Bid Sheet, one month in arrears, on the last day of the month, or as soon thereafter as payment is approved by the City Council. In the event the City exercises its option to extend the term of this Agreement for one or more of the additional five, Contractor's monthly compensation shall be.subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: The compensation provided herein shall be adjusted to reflect the increase, if any, in the cost of living during the previous year by adding to the Contractor's monthly compensation the amount, if any, obtained by multiplying the Contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim - Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the Agreement, the prevailing party shall recover its 7 reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. (C-27) 603282 Date APPROVED AS TO FORM: DQL2& "7( a Accurate Landscape & Plaint. Corp. 1910 N. Lime Street By: _ Title Pr "e Tie 77 CITY OF DIAMOKD BAR, r-ALTFORNIA By: Mayor By: eity Clerk Contractor's Business Phone: (714) 921-4255 Emergency Phone at which Contractor May be reached at any time: (714) 921-4255 8 CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE:r�, 30 IQ 9 t PROJECT NO , : 3 $ $ 3 02o p �' rn Ciq2nrt p n7f , _ el 3 Mar ro .3 9 RES 1 0 7o Lrn.��l e d 10 % Y, '7.7 1 41, a. CITY OF DIAMOND BAR 21660 E. Copley Drive Diamond Bar, CA 91765 PROJECT CHANGE ORDER THIS CHANGE ORDER IS APPLICABLE TO: PROJECT NO. 138-4538-5500 PROJECT TITLE Addendum to contract for lighting and landscape maintenance of District No. 38 NOTICE TO PROCEED February 1, 1993 SCHEDULED COMPLETION DATE June 30, 1993 CONTRACTOR Accurate Landscape and Maintenance Corp. TOTAL OF CONTRACT PRIOR TO THIS CHANGE ORDER3211 $ .60/mont CONTRACTOR_ IS AUTHORIZED TO MAKE THE FOLLOW=I=N=G================================== CHANGES: Addition of south side of Temple Avenue between Diamond Bar Blvd. and Golden Springs Road to excisting L.L.A.D. #38 Maintenance Contract. THE _AMOUNT _OF THE -CONTRACT WILL BE INCREASED/DECREASED EASED/DECREASED BY THE S UM THE CONTRACT PERIOD WILL�F_S_50.00/wont INCREASED/DECREASED/UNCHANGED CONTRACT TOTAL INCLUDING DAYS THIS CHANGE ORDER S 3 261 60 REVIEWED BY INITIALS DATE PROJECT COORDINATOR 41 PROJECT MANAGER / APPROVED BY DATE z C TRA R I / --**- CI CI Y HNA R CITY OF DIAMOND BAR STATE OF CALIFORNIA SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 38 The City Clerk of the City of Diamond Bar, California will receive at her office in the City Hall, in said City, until 10:00 a.m. on April 30, 1991, sealed proposals for the performance of the above described services. CITY OF DIAMOND BAR John Forbing, Mayor Jay Kim, Mayor Pro Tem Phyllis Papen, Councilmember Donald Nardella, Councilmember Gary Werner, Councilmember Robert L. Van Nort, City Manager Charles Janiel, Director of Parks and Maintenance IMPORTANT NOTICE TO BIDDER Notice is hereby given that the City of Diamond Bar is soliciting bids for maintenanceservices for Landscape and Lighting District 38. A mandatory bidders conference and inspection of the areas to be maintained will be held at 10:00 a.m. on Tuesday, April 16 1991 at Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California. Bids will be accepted until 10:00 a.m. on April 30, 1991 at Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California 91765, at which time and place said bids shall be publicly opened, examined and declared. Due to current drought situations and resultant rationing mandates, Contractor will be required to monitor irrigation systems to comply with reductions. The successful Contractor will be responsible for costs incurred due to excess usage. Inquires regarding these specifications can be directed to Charles Janie.l, Director of Parks and Maintenance, (714)860-2489. Upon receipt of this proposal, contact Charles Janiel, Director of Parks, at the City of Diamond Bar with the name of your company, telephone number, a FAX number and the name of a contact person within your company. Failure to provide the City with this information may result in improper distribution of updated materials re^arding the bid documents. The City will not be responsible for information not being distributed to the proper person. SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 38 IN THE CITY OF DIAMOND BAR TABLE OF CONTENTS NOTICE INVITING SEALED BIDS INFORMATION FOR BIDDERS BIDDER'S PROPOSAL CONTRACTOR'S INDUSTRIAL SAFETY RECORD LIST OF SYMBOLS AND ABBREVIATIONS SUBCONTRACTORS LIST NONCOLLUSION AFFIDAVIT FAITHFUL PERFORMANCE BOND LABOR AND MATERIAL BOND BIDDER'S BOND AGREEMENT GENERAL PROVISIONS SPECIAL PROVISIONS 4 - 7 8 - 13 14 - 16 17 18 19 20 21 22 23 - 24 25 - 33 GP -1 - GP -7 SP -1 - SP -18 RESOLUTION NO. 91 - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE LANDSCAPE AND IRRIGATION MAINTENANCE OF LANDSCAPE AND LIGHTING DISTRICT NO. 38 IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Diamond Bar to maintain certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the maintenance of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are he approved as the specifications for Landscape and Irrigation Maintenance in Landscape and Lighting District No. 38. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at --the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:00 o'clock A.M. on the 30th day of April, 1991, sealed bids or proposals for the Lighting and Landscape Maintenance District No. 38. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 East 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 Lighting and Landscape Maintenance District No. 38.11 PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 East Cc-o__y Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a cozy of such determinations to be posted at the.job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, twenty-five ,dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate .of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in 7 accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the Prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeshio program in that trade for a certificate o' 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 journe ,,,en 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 exceede^ an average of 15 percent in the 90 days prior to t � request for c�rzificate, or �• When the numher of apprentices in trainin exceeds a ratio of one to five, or g in the area 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 Ccntractcr is required to maize contributions to funds established for the administration of apprentices-ip programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public 9 works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 11777.5 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. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed int he execution of t^is contract and the Contractor and any subcontractor under him s:-:all employ with and be governed by the laws of the State of California having to ^o 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 penal--%, to the Cit:,' of Dia7mond Bar, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed in the execution of t.-.e 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 eights -(3) hours in violation of said Labor Code. Contractor agrees to pay travel and su-isistence pay to each workman needed to execute the work required 'y 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. 4 The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is warded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to th e next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar for an a-ount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is warded to him, and in event of failure to e..=er into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the ccntract to the next lcwest 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, s'nall 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 b. fifty percent (50%) of the annual contract price thereof, and an additional bond in an amount equal to twenty-five (25%) 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 Dia-lond Bar for the construction of said work. No Proposal will be considered from a Contractor who is not licensed as a contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) q•) and rules and regulations adopted pursuant thereto or to whom a propcsal form has not been issued by the City of Diamond Bar. A C-27 license is required. The work is to be done in accordance- - •_�h the prc=ilex, Plans, and specifications of the City of dianond Bar on file i r, the office of the City Clerk at the City hall, Diamox; Bar California. Copies o -f the plans and specifications will be furnished upon application to the City of Diamond Bar and Payne--= of $5.00, said 55.00 is nonrefundable. ` Upon written request by the bidder, copies of the glans and specifications will be mailed when said request is accompanied by Payment stipulated above, together with an additional ronreimbursable payment of $5.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. PASSED, APPROVED AND ADOPTED this 2nd day of 1991. O TEM I, LYNDA BURGESS City Clerk of the City of Diamond Bar, do hereby certify that the fore oin 9 g Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on 2-- nday of Ap_ ril 1991, following Roll Call vote: by the AYES: COUNCIL'S! EMBERS - Werner, Nardella, Papen, NOES: COUNCILS E.MBERS and Mayor Pro Tem Kim I - None ABSENT: ABSTAINED: COUNCILLLMEMBERS - Mayor Forbing COUNCII24EMBERS - None 7 LYN BURGE�zz�Cit of D' r lerk Y iar.,o.-:d Ear INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Standard Specifications for Public Works Construction, 1988 Edition. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of not less than ten percent (100) of the amount annual 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 confirmatior 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. i 5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. Page 8 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall be allow any subcontractor to commence work on this subcontract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer of insurers, satisfactory to and first approved by the City in writing. Certificates of insurance in the amounts required shall be furnished by the contractor to the City prior to the commencement of work. The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. The contractor shall maintain public liability insurance to protect said contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said contractor and the City against loss from liability imposed by law, for damage to any property, damage insurance shall be maintained by the contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $500,000 for one person injured in the accident and in the amount of not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $500,000 with respect to any property damage aforesaid. The City shall be named a co-insured regardless of fault. Page 9 The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the contractor of all requirements under the contract and upon the payment of claims of materials, men -and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any pert of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the Owner a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. DISQUALIFICATION OR BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. 11. AWARD OF CONTRACT: The City may award the contract to the lowest responsible bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be compared on the basis of the lowest possible cost relative to the alternate or alternates selected and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if mttde, will be made within sixty (60) calendar days after the opening of the proposals; provided that the award may be made after said period of the successful bidder shall not have given the City written notice of the withdrawal of his bid. 12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid, or on the base bid and any alternate or combination of alternates. 13. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. Page 10 14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code). Forms for this purpose are furnished with the contract documents. 15. WORKERS 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 every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." 16. BID DEPOSIT RETURN: Deposits of the three lowest 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 (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be readvertised. 18. "OR EQUAL": Pursuant to Article 5, Chapter 3, Part 1, Division 2 (commencing.. at 3400) Public Contract Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 19. EMPLOYMENT OF APPRENTICES: The contractor, and all subcontractors, shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The contractor and any subcontractor under him shall comply with the requirements said sections in the employment of apprentices; Page 11 however, the_ contractor shall compliance with said Labor Code occupations, regardless of any relationships alleged to exist. have full responsibility for section, for all apprenticeable other contractual or employment 20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 21. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. The Contractor shall forfeit as penalty to the City of Diamond Bar, twenty-five dollars ($25) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions cf 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. 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. 23. 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. - 24. QUANTITIES: The quantity of work for the unit price items to be done under the contract,ias noted in the Schedule of Prices, is an estimate and is not to be taken 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 of for work decreased or eliminated by the City of Diamond Bar. Page 12 25.. 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. 26. 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. 27. ALTERING PROPOSALS: The wording of the proposals shall not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. Erasures of interlineations in the proposal must be explained or noted over the signature of the bidder. 28. 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 of 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. 29. BID PRICES AND AGREEMENT OF FIGURES• If a unit price bid item total amount arrived at by multiplying the unit price times the quantity dc2= not agree with the total amount entered for the item or if the zccal amount is note entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in a unit price bid item the total amount is entered for the item but not the unit price; the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid on individual items (if called for) do not add up to the total -amount shown, the correctly added total of the individual items shall prevail over the total amount. 30. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to time, issue addenda to the contract documents during the period of advertising. The addenda will be sent to the address the purchaser of the contract documents left with or furnished the City of Diamond Bar at the time the purchase was made. Page 13 CITY OF DIAMOND BAR SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 38 ITEM DESCRIPTION MONTHLY ANNUAL NO. QUANTITY WITH UNIT PRICE PRICE AMOUNT IN WORDS IN FIGURES Lump Miscellaneous landscaping Sum in Maintenance District No. 38 (See attached map) (Word) TOTAL ANNUAL PRICE In words Page 14 In figures If an individual, so state. If a firm or co -partnership, state the firm name and give names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of President, Secretary, Treasurer, and Manager thereof. Business Address Dated: , 19 By: By: By: Contractor's License No. Contractor's License Expiration Date I declare under penalty of perjury of the laws of the State of California that the representations made herein are true and correct in accordance! with the requirements of California Business and Professions Code Section 7029.15. Contractor's Authorized Signature 15 CITY OF DIAMOND BAR SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 38 Accompanying this proposal is (insert "$ cash," "cashiers check," "certified check," or "bidder's bond," as the case amy be) in the amount equal to at least ten percent (10%) of the total bid. The undersigned further agrees that in case of default in executing the required contact, with necessary bond, within ten (10) days, including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) SIGNATURE DATE ADDRESS .. ' "Iur-- I tLEPHUNE � 1 ^' " I r+P.�-, I vt1 ut-.tNJt NU. AND CLASSIFICATION Page 16 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Proiect Identification Bid Date This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information 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 1987 1988 1989 1990 TOTAL CURRENTYEAR 1. No. of contracts 2. Total dollar amount of contracts (in thousands of S) 3. No. of fatalities 4. No. of lost workday cases 5. No. of lost workday 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 to 6, Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses, OSEA 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. I Name of Bidder (print) Signature Address State Contractors' Lic. No. & Classification City Zip Code Telephone Page 17 The definitions of the symbols and abbreviations used in the Schedule of Prices are as follows: Ave. Avenue LF Linear Feet & And LS Lump Sum AC Asphaltic Concrete Mod. Modified Blvd. Boulevard MH Manhole CAB Crushed Aggregate Base I Number CB Catch Basin No. Number Conc. Concrete NRCP Nonreinforced concrete pipe Conn. Connector or Connection Pvmt. Pavement Const. Construct Perm. Surf. Permanent Surfacing CIP Cast Iron Pipe PCC Portland Cement O nEb CSP Corrugated Steel Pipe RC Reinforced Concrete CY Cubic Yard RCB Reinforced Concrete Box D D -load of pipe RCP Reinforced Concrete Pipe Dia. Diameter Reconn. Reconnect Dbl. Double Reconst. Reconstruct Dwy. Driveway Reinf. Reinforcing or reinforced EA Each Restor. Restoration ELC Electrolier Lighting Resurf. Resurfacing Conduit Excay. Excavation Rd. Road Ex. or Exist. Existing Sched. Schedule ' Feet SD Storm Drain Fur. & PI. Furnish and place Sec. Section Ga. Gauge SF. Square Feet Galy. Galvanized Spec. Special Gr. Grate SS Sanitary Sewer H High or height Sta. Station HC House connection St. Street sewer Struct. structure Improv. Improvements Trans. Transition Inches TS Transition Structure JS Junction Structure Var. Variable Lb. Pounds VCP Vitrified Clay Pipe LD Local Depression W Wide or Width Page 18 SUBCONTRACTORS LIST In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one-haH (1/2) of one percent (1 %) of the general contractor's total bid, and the portion of the work which will be done by each subcontractor. Name under which Sub- License Address of Office, Specific Description contractor is licensed Number Mill or Shop of Sub -contract work & portion of the Work If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.) Dated Bidder Signature Signature Page 19 NONCOLLUSION AFFIDAVIT State of California ss. County of deposes and says that he or she is being first duly sworn, of the party making the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company,association., organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any other bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bids are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. STATE OF CALIFORNIA ) ss. COUNTY OF 1 11 Subscribed and sworn to before 19 Signature me this Notary Public in and for the County of , State of California. My Commission expires 20 19 day of 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 ($Dollars —) lawfuthe payment of whichlsum,1ewill and trulyy of thedtotbeemade, Awericabind for ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled land is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the contract is hereby waived by such Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 1991. PRINCIPAL SURETY BY: BY: (SEAL) 21 (SEAL) LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, AND as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of DOLLARS ($ ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed contract with said City for construction of the work under the City's specification entitled and is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if said Contractor in said contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted.under the provisions of said contract release either said Contractor or -said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of PRINCIPAL SURETY BY: BY: (SEAL) 22 ( SEAL) 1991. BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as principal, and . as surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on April 30. 1991 for Annual Landscape Maintenance for Lighting and Landscape Maintenance District No. 38 in the City of Diamond Bar. NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court. 23 BIDDER'S BOND (CONTINUED) IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of (seal) (seal) (seal) (seal) PRINCIPAL (seal) (seal) SURETY (seal) ADDRESS 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 and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Maintenance of Lighting & Landscape Maintenance District No. 38 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 provision of the landscape and appurtenant maintenance services as set forth in the specifications for Lighting & Landscape Maintenance District No. 38 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. 25 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of contract. This agreement shall take effect and commence on July 1, 1991 for a period of twelve (12) months. b. The City shall have the .option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving the contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: 26 "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of 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. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to by so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: 27 "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: INotice is here by given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. copies of such prevailing rates of per diem wages are on file in the office of the City clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. 28 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 thegeneral ork done prevailing rate of wages hereinbefore -stipulates for any wor under under the attached contract, by him or by any him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship council, indentured apprentices may a employed in the prosecution of the work. Attention is directed to the provisions in sections s 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used inthe ourne peen i -nm The ratio o such cases shall not be less than one apprentices to 7 Ym to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded the an average of 15 percent in the 90 days prior request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at at least 1/30 of its membership through app ip 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. 29 The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. ' 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury -or damage to any person or persons, either workmen employees of the contractor of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. 30 The -Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct Of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a• The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, o liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, its made a party to any action or proceeding filed or prosecuted against he Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses'incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 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. 31 11. _CONTRACT PRICE AND PAYMENT Except where additional compensation is specifically provided for in this Agreement, City will pay contractor for his services under this Agreement set forth in Bid Sheet, one month in arrears, on the last day of the month, or as soon thereafter as payment is approved by the City Council. In the event the City exercises its option to extend the term of this Agreement for one or more of the additional five Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: The Compensation provided herein shall be adjusted to reflect the increase, if any, in the cost of living during the previous year by adding to the Contractor's monthly compensation the amount, if any, obtained by multiplying compensation as of the adjustment date by hepercentagettorbycwhich the Consumer Price Index ("CPI") for the Los Angeles -Anaheim - Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United Stated Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by City upon the giving of a written "Notice of Termination" to contractor at least thirty (30) days prior to the date of termination specified in said notice. <In the event os such termination, contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 32 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date APPROVED AS TO FORM: By. City Attorney Date Contractor's Business Phone: By: Title Title CITY OF DIAMOND BAR, CALIFORNIA By: Mayor By: City Clerk Emergency Phone at which Contractor can be reached at any time: 33 GENERAL PROVISIONS 1. GENERAL CONDITIONS All work shall be done in accordance with the 1988 Edition and all supplements 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. Section 2-1. Award and Execution of Contract is amended by the following (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, California. 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 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, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer. G. P. 1 (c) Rejection of Proposals Containing Alterations Erasures Irrectularities: 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. (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, 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. Subsection 2-5.1. Plans and Specifications -General, is amended b the addition of the following: An addendum to these specifications may be issued by the Engineer at any time prior to the bid opening. Subsection 2-9.5. Line and grade is amended by the addition of the following: (a) All surveying necessary and adequate for construction purposes will be done by the City, Engineer or as modified in the Special Provisions. (b) The Contractor shall give two (2) working days notice, in writing, when the0services of the City Engineer will be required for laying out any portion of the work, and he shall dig all holes necessary for line and grade stakes. The Contractor shall preserve all stakes set for the lines, grades or measurements of the work in their proper places. until authorized to remove them by the City Engineer. Any expenses incurred in replacing said stakes that the Contractor may have failed to preserve shall be borne by the Contractor. (c) Grades for all pipelines will be set on the surface of the ground and the Contractor shall transfer them to the bottom of the trench. At no time shall less than three G. P. 2 (3) .consecutive grade points be used in common so that any variation from a straight grade can be detected. Any such variation shall be reported to the City Engineer and in the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. (d) The Contractor shall preserve all bench marks, stakes and other survey marks, and incase of their removal or destruction by his own employees or by his subcontractor's employees, he shall be liable for the cost of their replacement. Section 4. Control of Materials. Subsection 4-1.3 is modified to delete the requirement for inspection at the source of asphaltic concrete. 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. i' Pomona, California 91766 (714) 865-3307 Southern California'Edison company 800 West Cienega- San Dimas, California 91773 (714) 592-3724 Walnut Valley Water District 271 South Brea Canyon Road Walnut, California 91789 (714) 595-7554 G. P. 3 Southern California Gas Company Distribution Department 920 S. Stimson Ave. City of Industry, California 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. Subsection 5-4. Relocations The City of Diamond Bar has water mains, valves, sprinkler electrical controls, services and meters within the project area which conflict with the new work. Much of the modification and/or relocation work will necessarily be done currently with Contractor's improvement operations. Therefore, Contractor will necessarily have to work around some City facilities and closely coordinate with the City. 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 the Contractor in Conduct of His Work. Section 7-2. Labor 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. G. P. 4 Subsection 7-3.1. Contractor's Resbonsibilitv__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 the any other cause, whether arising from the execution or from the non execution of 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. 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 7-4.1 Duration of Contract The Contractor shall begin work on or before the date of a written "Notice to Proceed", which shall be not later than 20 calendar days after execu-z:.i-n of contract, and shall complete the entire work within sixty (60) calendar days. Subsection 7-10.1. Traffic and Access is amended by addition of the following: i No public street, or portion thereof, may be closed to through traffic as 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 G. P. 5 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. Payment for this work shall be included in Bid items No. 1 (Irrigation System Installation). 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 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 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 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 trenches five feet or more in depth, the Contractor shall submit for acceptance by the awarding body, or by a registered civil or structural engineer employed by the awarding body, to whom authority has been delegated, in advance of excavation, of a detailed plan showing the design of shorings, bracing, sloping or other provisions to be made for worker protection from hazard of caving ground during;i 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 G. P. 6 Subsection 9 -3 -is modified by addition of the followinct paraaraohs: 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 (900) 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 (100) of the contract price until final completion and acceptance of the work. The Contractor may substitute in lieu of cash retention. This payment on account shall in no way be considered as an acceptance of any part of the work or material of the contract, nor shall it in any way govern the final estimate. 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 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 33 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 form any and all claims on account of the work performed under the contract or any alterations thereof. G. P. 7 SPECIFICATIONS FOR THE PROVISION OF LANDSCAPE AND APPURTENANT MAINTENANCE SERVICES FOR SPECIAL LANDSCAPE MAINTENANCE DISTRICTS 1. SCOPE OF THE WORK AND CONTRACT 1.01 The Work to be done under these specifications shall include the furnishing of all labor, material and equipment necessary for the provision of landscape and appurtenant maintenance services asset forth in these specifications including the exhibits attached hereto within the boundaries of the Special Districts and as said boundaries may have been heretofore or may be hereafter altered. 1.02 The foregoing work shall be done in a thorough and workmanlike manner under the direction and to the satisfaction of the Director of the Parks and Maintenance Department. The premises shall be maintained at the level of service provided for in these specifications at all times. 1.03 The Contractor shall have the exclusive duty, right and privilege to mow, edge, trim, overseed, reseed, fertilize, aerate, irrigate, hand water and bleed valves as necessary during emergencies when automatic systems are not functioning, prune, trim, and renovate turf and shrub areas designated hereunder, as well as to provide weed control, disease control, tree maintenance within the District, maintenance of sprinkler systems including backflow prevention devices, repair of walkways, pumps; and the necessary maintenance of any appurtenant structures and equipment. 1.04 In return for the exclusiveness of said Contract and the other considerations provided for herein, the Contractor agrees to provide the landscape and appurtenant maintenance services within said District without any further compensation except as otherwise specifically provided for in the contract and/or specifications. 1.05 The Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage plant, groundcover or turf areas. , 1.06 The Contractor shall, during the specified hours and days of operation, respond to all emergencies within two (2) hours of notification. 1.07 The Contractor shall perform a maintenance inspection weekly during daylight hours of all areas within the premises. such inspection shall be both visual and operational. It, shall include operation of all irrigation, lighting and other mechanical systems to check for proper condition and reliability. 1.08 The term Airector as used in these specifications shall mean Director of the Parks and Maintenance or his authorized representa- tive($). 2. AREAS TO BE MAINTAINED 2.01 There are medians, parkway panels, cul-de-sac islands, village greens, adjacent roadway slopes, open space lots, linear greenbelts, paseos, fire protection slope areas, gate entry areas, creek beds, semi -natural, and natural areas with turf, plants, trees, and Spl ground cover -which are irrigated by manual and/or an electrically controlled automatic systems. 2.02 An identification of the areas to be maintained is provided in Exhibit A attached to these specifications. 2.03 The bidder, before submitting his bid, shall visit all existing areas to be maintained and inform himself fully as to all conditions that might affect the work specified. Said inspection of these areas in the company of City representatives will be required as a condition of submitting a bid and all bidders must attend the bidders' conference which will be held on the site on the day of the walk-through inspection. 2.04 Estimated square footages by district are provided for all areas to be maintained on the attached Exhibit A. However, it is the responsibility of the Contractor to verify by inspection and to observe the various slope characteristics. 3. CERTIFICATIONS/REPORTS 3.01 Certification Contractor shall complete the attached Landscape Maintenance certification form designated Exhibit B and shall submit same to Director concurrent with the monthly invoicing. The monthly payment to the Contractor will not be made until such report has been received by the Director. 3.02 In addition, when applicable, Contractor shall submit with the monthly invoice and Landscape Maintenance certification form, a report indicating, for those specialty type maintenance operations completed, the quantity and complete description of all commercial and organic fertilizer(s), grass seed and soil amendments used and a valid licensed California Pest Control Advisor's recommendation and copies of corresponding pesticide use report signed by a licensed California Pest Control Operator for all chemical disease and pest control work performed. 3.03 Maintenance Function Report Contractor shall maintain and keep current a report form that records all On -Going, Seasonal, and Additional Work, maintenance functions performed on a daily basis, by Contractor's personnel. Said report shall be in a form end content acceptable to the Director and shall be submitted to Director concurrent with the monthly invoicing. The monthly payment will not be made until such report is received by the Director. 4. ADDITIONAL WORK 4.01 The Director may at his discretion authorize the Contractor to perform additional work, in accordance with the provisions of the contract including but not limited to, repairs and replacements when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and third party negligence; or improvements in order to add new, modify existing or to refurbish existing landscaping and irrigation systems as provided for in the contract authorizing the provision of those services. SP2 4.02 _Prior to performing any additional work, the Contractor. shall prepare and submit a written description of the work with an estimate of labor and materials. No work shall commence without the written authorization from the Director. Not withstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Director may verbally authorize the work to be performed. upon receiving a verbal estimate from the Contractor. However, within twenty-four (24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Director for approval. 4.03 All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. 5. CONTRACTOR'S LIABILITY 5.01 All damages incurred to existing improvements located within areas under maintenance which in the City's opinion are due to the Contractor's operation shall be repaired or replaced at the Contractor's expense. 5.02 All such repairs or replacements shall be completed within the following time limits. a. Irrigation damage shall be repaired or replaced within one watering cycle. b. All damages to shrubs, trees, turf or groundccver shall be repaired or replaced within five (5) working days. 5.03 All repairs and/or replacements shall be completed in accordance with the following maintenance practices. a. Trees - Minor damage such as bark lost from impact of. mowing equipment shall be remedied by a qualified tree surgeon or arborist. - If damage results in loss of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of Director. b. Shrubs '- Minor damage may be corrected by appropriate pruning. - Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in Section 18 of these Specifications. C. Chemicals - All damage resulting from chemical operation, either spray -drift or lateral -leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil conditioned to in -sure its ability to support plant life. 6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 6.01 Should any misunderstanding arise the Director will interpret the Agreement. If the Contractor disagrees with the interpretation of the Director, he shall continue with the work in accordance with the Director's interpretation. Within thirty (30) days after receipt of the interpretation, he may file a written request for a hearing before a Disputes Review Panel as provided herein. The SP3 written request shall outline in detail the area of dispute. 6.02 The Disputes Review Panel will be appointed by the Director and will be composed of not less than three Non -City personnel having experience in the administration of Landscape- maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing -will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to the Director, for his consideration, within one (1) week following the conclusion of the hearing. The Director shall render an interpretation based upon his review of the Panel's recommendation. The Director's decision shall be final. 7. OFFICE OF INQUIRIES AND COMPLAINTS 7.01 The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known, and shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from property owners and tenants within said District or from the Director. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of the complaint within one (1) hour of receipt of complaint by the answering service. The telephone of said Contractor shall be on the exchange or exchanges of said District(s) or a toll-free number, and in no case shall the people cf said District(s) be required to pay a toll charge to telephone said Contractor. During normal working hours, the Contractor's Foreman or employee of the Contractor, who is responsible for providing maintenance services shall be available for notification through radio communica- tion. 7.02 Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify the Contractor cause such action to be taken by the City work force and shall charge the cost thereof as determined by the Director, against the Contractor, or may deduct such cost from any amount due to Contractor from City. 7.03 The Contractor shall maintain a written log of all complaints, the date and time thereof and the action taken pursuant thereto or the reason for non -action. The log of complaints shall be open to the inspection of the Director at all reasonable times. 7.04 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Director. If any complaint is not abated within 24 hours, the Director shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director, the Director may correct the specific complaint and the total cost incurred by the City will be deducted and forfeit from the payments owing to the Contractor from the City. SP4 S. SAFETY 8.01 Contractor agrees to perform all work outlined in these specifications in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all local, County, State or other legal requirements including but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL. O.S.H.A. Safety Orders at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at said areas under maintenance and keen a log indicating date inspected and action taken. 8.02 It'shall be the Contractor's responsibility to inspect, and identify, any condition(s) that renders any portion of the areas under maintenance unsafe, as well as any unsafe practices occurring thereon. The Director shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making minor corrections including but not limited tc filling holes in turf areas and paving, replacing valve box covers, and securing play apparatus if any so as to protect members of the public or others from injury. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring on the premises, including a complete written report thereof to the Director within five (5) days following the occurrence. 9. HOURS AND DAYS OF MAINTENANCE SERVICE 9.01 Hours of maintenance service shall be either 6:00 a.m. t:) 2:30 p.m. or 6:30 a.m. to 3:00 p.m. on those days maintenance is to be provided for a Special District pursuant to the work schedule approved in advance by the Director. 9.02 Contractor shall provide on-site staffing at the prescribed hours five (5) days per week, Monday through Friday at the Special Districts indicated on the work schedules approved in advance by the Director. Any changes iin the days and hours of operation heretofore prescribed shall be subject to prior written approval by the Director. 9.03 Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this Agreement shall constitute- a legal day's work and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight ( 8 ) hours during any one day or more than forty ( 4 0 ) hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of Twenty- five Dollars ($25.00) for each laborer, worker or mechanic employed in the execution of said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or forty SPS (40) hours in any one calendar week, in violation of the provision of Section 1811 to 1815, inclusive, of the Labor Code of the State of California. 10. MAINTENANCE SCHEDULES 10.01 Contractor shall provide a work schedule for the Districts to be maintained which shall be submitted to the Director within ten (10) days after the effective date of this Agreement for his approval. 10.02 The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the Director within five (5) working days prior to scheduled time for the work. 10.03 The above provisions are not construed to eliminate the Contractor's responsibility in complying with the requirement to notify the Director for Specialty Type maintenance as set forth immediately hereinafter. 10.04 Contractor shall notify the Director, in writing, at least two (2) weeks prior to the date and time of all "Specialty Type" maintenance operations. "Specialty Type" operations are defined as: a. Fertilization b. Turf aerification C. Turf renovation/verticutting d. Turf reseeding e. Spraying of trees, shrubs or turf e. Other items as determined by the Director Said "Specialty Type" maintenance services shall be performed in compliance with the specialized maintenance program (Exhibit C) attached hereto. Failure to complete special services in accord with the schedules set forth on Exhibit C will result in the Contractor becoming liable to the City for liquidated damages ($100 per day) without written notice commencing automatically upon the first day following the final date such work was to be completed. 11. CONTRACTOR'S STAFF 11.01 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. All of the Contractor's maintenance personnel shall be supervised by a qualified, English speaking, Foreman in the employ of the Contractor. 11.02 Contractor shall transfer or discharge any employee whose conduct or activity shall, in the reasonable exercise of discretion by the Director, be deemed detrimental to the interest of the public patronizing the premises. Contractor shall transfer or discharge any such person within a reasonable time following notice therefor from the Director and such person shall not be employed at any other City District area of maintenance contracted for and maintained by, the Contractor. SP6 11.03 -Director may require the Contractor to establish an identification system for personnel assigned to an area of maintenance which clearly indicates to the public the name of the Contractor responsible for the landscape and appurtenant maintenance services. The identification system shall be furnished at the Contractor's expense and may include appropriate attire and/or name badges as specified by the Director. 11.04 The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirt, shall be worn at all times and buttoned. 12. SIGNS/IMPROVEMENTS 12.01 Contractor shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval therefor is obtained from the Director. 13. UTILITIES 13.01 The City shall pay for all utilities. However, water usage shall not exceed amount required to comply with irrigation schedules established by the Contractor and approved by the Director. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current usage with historical usage for the same time period. The excess cost factor, to be deducted from payments to Contractor from City will be presented to the Contractor by the Director prior to actual deduction to allow for explanations. 14. NON-INTERFERENCE 14.01 Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 15. STORAGE FACILITIES 15.01 City shall not provide any storage facilities for the Contractor. 16. TURF CARE 16.01 The Contractor shall perform at his sole expense the following services: a. Mowing. Turf to be mowed with an adequately SP7 sharpened rotary or reel type mower, equipped with rollers, to ensure a, smooth surface appearance without scalping. All warm season grasses (Bermuda, St. Augustine, and Kikuyu) to be cut at 1 inch heighth throughout the year. All cool season grasses (Blue Grass and Fescues) to be cut at 2%, inches during April through November and at 2 inches during December to March of each year. The mowing heighths will be adjusted by the Director during periods of renovation. All grass clippings will be collected and removed from the site on the same day the area is mowed. A mowing schedule will be established and main- tained. This schedule will provide that all areas will be mowed not less than once a week during the warm season of April to November and once every two weeks during the cool season of December to March. This schedule will be submitted to the Director for approval. b. Edging. With each cutting, the edge of the grass along sidewalks, curbs, shrub and flower beds, and walls shall be trimmed to a neat and uniform line. Where trees and shrubs occur in turf areas, all grass shall be removed 6 inches from the trunks of trees and away from the drip line of shrubs by use of nower scvthe. annroved cnemicals, or small mowers as required. Trim around all sprinkler heads as necessary in order to provide maximum water coverage. Edging will be done concurrent with each mowing. The edge of the turf shall be trimmed around value boxes, meter boxes, backflow devices or any structures located within the turf areas. All turf edges are to be maintained to prevent grass invasion into adjacent shrub, flower, and ground cover bed areas. All clippings shall be removed from site the same day area is edged. After mowing and edging is completed all adjacent walkways are to be swept clean by power blower. C. Weed Control. Control turf weeds as needed and in accordance with the specialized maintenance program (Exhibit C). Hand removal of noxious weeds or grasses will be required as necessary. d. Insect/Disease Control. Eliminate all insect or disease affecting turf areas as they occur. e. Aerating. Aerate all turf areas four (4) times annually in accordance with the specialized maintenance program (Exhibit C). Aerate all turf by using %, inch tines'removing 2 -inch cores of sod with an aerator machine at not more than 6 -inch spacing once over. Director is to be notified at least two (2) weelrs prior to the exact date of aerating. f. Thatch Removal. Renovate all warm season grasses to the soil line and verticut all cool season grasses once annually prior to the overseeding operation to be performed in the fall of each year. Equipment will consist of standard renovating or vertical mowing types. Director is to be notified at least two (2) weeks prior to the exact date of renovation. g. Irrigation. Irrigation, including hand watering and bleeding of valves during an emergency situation, as required to maintain adequate growth rate and appearance and in accordance with a schedule most conducive to plant growth. Contractor to provide Director with monthly written irrigation schedule on form provided for this purpose. Director shall have the ability to change the irrigation schedule as the need develops. Adequate soil moisture will be determined by programming the automatic sprinkler controllers as follows: SP8 (1) Consideration must be given to the soil conditions, seasonal temperatures, wind conditions, humidity, minimizing runoff and the relationship of conditions which affect day and night watering. This may include daytime watering during winter weather to prevent icy conditions and manual operation of the irrigation system during periods of windy or inclement weather. During freezing and/or windy conditions, automatic irrigation will be discontinued. (2) In areas where wind creates problems of spraying water onto private property or road rights-of-way, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night (between the hours of 7:00 p.m. and 6:00 a.m.). (3) The Contractor shall be responsible for monitoring all systems within the jurisdiction of this specification and correct for: coverage, adjustment, clogging of lines, and removal of obstacles, including plant materials which obstruct the spray. (4) Check systems daily and adjust and/or repair any sprinkler heads causing excessive runoff, including slope areas, or which throw directly onto roadway paving or walks (where sprinkler heads can be adjusted) within the District. (5) All controllers shall be adjusted on a weekly basis considering the water requirements of each remote control valve (sprinkler station). (6) Irrigation system will be controlled by Contractor in such a way as not to cause an excessively wet area which could interfere with the Contractor's ability to mow all turf. (7) The Contractor shall observe and note any deficiencies occurring from the original design and review these findings with the Director, so necessary improvements can be considered. (8) Contractor shall repair all leaking or defective valves immediately upon occurrence, or within twenty-four (24) hours following notification from the Director of such a deficiency. (9 ) A soil probe shall be used to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones. (10) Contractor shall file a monthly statement with the Department of Parks and''Maintenance certifying that all irrigation systems are functioning properly and provide a monthly irrigation schedule for the succeeding month. (11) Contractor shall also be required to file a yearly certification with the Department of Health Services that all backflow prevention devices on the irrigation systems are operating in accordance with the requirements established by the Los Angeles. County Health Services Department. It will be the responsibility of the Contractor to repair and replace when necessary subject to the provisions of Section 21 hereunder all backflow prevention devices at his sole expense. Said certification shall be completed within thirty (30) days upon notification from the Department of Health Services that said certifications are due. h. Fertilization. Turf shall be fertilized with a balanced type commercial fertilizer twice (2) a year during the months of May and September. All fertilizer used shall be inorganic and granular. SP9 Rate for each_ application shall be one (1) pound of actual available nitrogen per 1,000 square feet of a balanced type commercial fertilizer. The balanced fertilizer shall be approved by the Director and shall be of a 4-1-2 ratio. In addition to the balanced type commercial fertili- zation, the Contractor shall fertilize all turf areas with ammonium sulphate during March, April, and July of each calendar year at a rate of one (1) pound of actual available nitrogen per 1,000 square feet and with calcium or ammonium nitrate during November, December, and January of each calendar year at a rate of one (1) pound of actual available nitrogen per 1,000 square feet. All turf areas fertilized shall be thoroughly soaked immediately following fertilization. i. Turf Reseeding. Contractor shall once each year in fall, overseed all turf after aerification and overseed all bare spots as needed throughout the remainder of the year to reestablish turf to an acceptable quality. When Contractor reseeds turf he will aerify, renovate or verticut, seed and mulch (spread evenly over the entire area to a uniform depth of 1/4 inch) in this sequence. The Director may require the use of sod when deemed necessary. Contractor shall be entitled to additional compensation for the cost of the sod only provided loss of turf was not due to the negligence of the Contractor. Overseeding shall be sown at a rate of five (5) pounds per 1,000 square feet and reseeding of bare areas shall be sown at a rate of eight (2) pounds per 1,000 square feet. The following seed specifications shall be used for all overseeding and reseeding. Name Proportion By Weight Purity Germination Newport Blue Grass 20% 950 90% Lolium Perenne 'Pennfine' Rye 26 1/3% 95% 85% Pennant Rye 26 1/3% 95% 850 Derby Rye 26 1/3% 95% 85% 17. SHRUB AND GROUND COVER CARE 17.01 The Contractor shall perform at his sole expense the following services: a. Pruning. Prune shrubbery during the month of January through March to encourage healthy growth habits and for shave and appearance with the exception of roses which shall be pruned no later than January. All shrubs shall be free of dead wood, weak, diseased, insect infested and damaged limbs at all times. Remove al' clippings the same day shrubbery is pruned. b. Trimming. Restrict growth of shrubbery and ground covers to area behind curbs and walkways, and within planter beds by trimming, as necessary, or upon written notice by the Director. C. Renovation. Renovate ground covers according to prescribed practices in the industry as needed to maintain a healthy vigorous appearance and growth rate. d. Disease and Insect Control. Maintain free of disease and insects and treat when needed pursuant to section 20. SP10 - e. Weed Control. All ground cover and shrub beds are to be kept weed free at all times. Methods for control can incorporate one or all three of the following: (1) Hand removal. (2) Cultivation. (3) Chemical eradication. f. Fertilization. Apply fertilizer at least two (2) times per year (during the months of March and April, and September and October) to provide a healthy color in all plants with foliar feedings if applicable. Contractor will cultivate around plants where needed. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with a fertiliza- tion schedule, with two (2.) weeks notification prior to the proposed fertilization. g. Irricration. Irrigate including hand watering and bleeding of valves in emergency situations where automatic systems are not functioning as required to maintain adequate growth rate and appearance. Section 16, Paragraph 9, concerning irrigation practices shall apply to shrubs and ground covers. h. Shrub and Ground Cover Replacement. All damaged, diseased (untreatable) or dead shrubs and ground covers will be replaced with the exact same material that existed and of similar size as required by the Director unless otherwise notified by the Director in writing. Substitutions for any plant materials must have prior approval in writing by the Director. Original plans and specifications should be consulted to determine correct identification of species. All shrubs shall be guaranteed to live and remain in healthy condition for no less than six (6) months from the date of acceptance of the job by the Director. 18. TREE CARE 18.01 The Contractor at his sole expense shall perform the following services: a. Tree Maintenance: (1) Contractor shall be responsible for the pruning, shaping and removal of trees under 15' in height. The Contractor shall inform the Manager's office of any damaged or diseased trees or any trees that poke a threat to adjacent concrete, walls or property. (2) All trees shall be maintained free of all dead, diseased and damaged branches back to the point of breaking. Cuts must be made flush with the parent limb or trunk to promote proper healing. Any cuts exceeding one acid one-half (1�) inch will be treated with a wound dressing. All sucker growth is to be removed from trees as it occurs:. (3) Maintain seven (7) foot clearance for branches overhanging walks and fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of streets where applicable. (4) Control insects and diseases as needed pursuant to the provisions of section 19 and Exhibit C. SP11 (5) Stake and support all replacement trees and replace stakes which have been broken or damaged on,existing trees as required. (a) Tree stakes shall be pentachloraphenol treated lodge pole pine not less than eight (8) feet in length for five (5) gallon size trees and not less than ten (10) feet for fifteen (15) gallon trees sizes (two (2) per tree). (b) Guy wires where required and plant ties will be of pliable, zinc -coated ten (10 gauge wire (two (2) ties per tree). (c) Hose for covering wire to be either new or used garden hose at least one-half (�) inch in diameter those ties should allow for minimum of three (3) additional inches of clearance beyond the diameter of the branch or trunk being secured). (d) Stakes will not be placed closer than eight (8) inches from trunk of the tree. (e) Stakes and ties will be placed so no chafing of bark occurs and shall be checked frequently and retied to prevent girdling. b. Fertilization. Apply fertilizer within dripline at least once per year (during the months of March or April) to provide a healthy color in all plants. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with two (2) weeks notification prior to the fertilizer application. C. Irrigation. Irrigation will be programmed in conjunction with automatic controllers or manual control valves servicing turf or ground cover and shrub areas in accordance with the requirements of Section 16, Paragraph 9. d. Permits. If a permit is required for tree pruning, City Department of Parks and Maintenance will obtain permit prior to commencement of work by Contractor. e. Tree Replacement. All trees permanently damaged by any means will be replaced as provided for under Sections 6 or 24 with the identical species of tree existing previously, unless otherwise notified in writing by the Director. The need for and the size o, replacement will be determined by the Director at the monthly maintenance inspection meeting or upon written notification. Size of the replacement shall be of a like size not to exceed a 24 -inch box specimen container size. Substitutions will require prior written approval by the Director. Original plans and specifications should be consulted to insure correct identification of species. f. Olive Tree Spraying. Ornamental olive trees shall be sprayed to prevent fruit set by use of "Maintain." Two applications shall be required 7-10 days apart. The first application shall be applied when 1/2 to 3/4 of the olive blooms are open (sometime between April 1 and May 10). Both spray applications shall be put on using a power sprayer with a minimum of 150 p.s.i. pressure. 19. USE OF CHEMICALS (PESTICIDES) AND DISEASE AND PEST CONTROL 19.01 The Contractor shall perform at his sole expense the following services: SP12 a. Chemical Application. All work involving the use o` chemicals will be accomplished by a State of California licensed pest control operator. A written recommendation by a person possessing a valid California Pest Control Advisor License is required prior to chemical application. b. Permits. All chemicals requiring a special permit for use must be registered by the Contractor with the County Agricul- tural Commissioner Office and a permit obtained with a copy to the City Department of Parks and Maintenance prior to use. A copy of all forms submitted to the County Agricultural Commissioner shall be given to the Director on a timely basis. C. Compliance with Regulations. All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California will be adhered to. d. Pest Control. Control of ground squirrels, gophers, and other burrowing rodents by trapping and/or eradication will be provided by the District. Whenever holes are visible upon the surface, these holes shall be filled and securely tamped by contractor to avoid moisture runoff entering the holes. This procedure shall be followed in all areas especially within all slope areas. 20. GENERAL CLEAN-UP 20.01 The Contractor shall perform at his sole expense the following services: a. Trash Removal. Remove all trash and accumulated debris from site. b. Policing of Areas. All areas under maintenance and other designated areas will have above identified trash removed Mondays, Wednesdays and Fridays of each week throughout the year. C. Concrete/AsphaltMedian Strip Maintenance. Contractor responsible for weed and grass removal within concrete asphalt median strip areas, if any at all times. d. Curb and Gutter Maintenance. Contractor is responsible for removal of weeds and grass from curb and gutter expansion joints at all times. e. Walkway Maintenance. Walkways, if any, will be cleaned immediately following mowing and edging and cleaned by use of power sweeping or blower equipment not less than once per week. This includes removal of all foreign objects from surfaces such as gum, dog feces, grease, paint, graffiti, etc. All walkway cracks and expansion joints shall be maintained weed and grass free at all times. f.' Drain Maintenance. All drains and catch basins shall be free of siltation and debris at all times. g. Removal of Leaves. Accumulations of leaves shall be removed from all areas not less than once per week. 21. IRRIGATION SYSTEM MAINTENANCE OR REPAIR 21.01 All irrigation systems within the District areas designated in this specification will be repaired and maintained as SP13 required for operation, by the Contractor at his sole expense in the following manner: a. Scope of Responsibility. The Contractor shall maintain (repair or replace as needed) and keep operable all irrigation equipment consisting of sprinkler heads, valves, lines, quick couplers, risers, automatic controllers, batteries, and backflow prevention devices. This paragraph does not require the Contractor to make a complete piping replacement of the system. b. Replacement Requirements. Replacements will be of original materials or substitutes approved by the Director in writing prior to any installation. C. Extent of Responsibility. The Contractor will be responsible for immediate maintenance (repair or replacement) of all irrigation systems. Contractor will be responsible at all times for hand watering and the bleeding of valves in emergency situations as required to sustain and prevent loss of turf, trees, plants, and ground covers when automatic systems are not functioning. The replacement Section 21 requires to be provided by the Contractor shall be the normal deterioration, wear and tear, or negligence upon the part of the Contractor. The replacement required by Section 21 caused by extra- ordinary incidents of vandalism, acts of God, and third party negligence will be accomplished by the Contractor pursuant to the provisions of Section 23 of this Specification. However, the District(s) will continue the program of reimbursing the Contractor for the replacement with a new diaphragm valve of any piston type valve deemed to be unrepairable by the Director. However, the Contractor will be reimbursed only for the wholesale cost of the new diaphragm valve including sales tax plus 15% for overhead and profit (not for the labor to install). d. Ordinances. All materials and workmanship will be in accordance with applicable City or County Plumbing Ordinances. Where the provisions of the specifications exceed such requirements, the specifications shall govern. 22. MAINTENANCE AND REPAIR OF WALKWAYS & SERVICE ROADS, DRAINAGE SYSTEMS, CONCRETE BLOCKWALLS & MISCELLANEOUS IMPROVEMENTS 22.01 Walkways and''Service Roads. All walkways and service roads, if any, shall be maintained by the Contractor so as to keep the integrity of the walking or driving surface in a safe, unimpaired condition. The Contractor shall be entitled to additional compensation for maintaining walkways.and service roads in the following manner: a. Broken corners will be removed and repaired as required. b. Broken curbs or headers adjacent to or part of roadways or walkways will be repaired or replaced. C. Contractor will not be responsible for total replacement of roadways or walkways as a result of normal deterioration, but will be required to replace all improvements damaged by his negligence . 22.02 Drainage Systems. The following services shall be provided by the Contractor at his expense except as otherwise provided for: SP14 -a. All surface drains ("V" ditches), if any, shall be kept clear of debris so that water will have an unimpeded passage to its outlet. Contractor will repair or replace concrete portions as necessary for which the Contractor will receive additional compensation. b. All sub -surface drains (except storm drains), if any, shall be periodically flushed with water to avoid build-up of silt and debris. All inlets to sub -surface drains shall be kept clear of leaves, pacer and other debris to ensure unimpeded passage of water. Contractor shall replace all broken or stolen sections of pipe, catch basin boxes and grates, for which additional compensation shall be authorized. 22.03 Miscellaneous Improvements. It will be the responsibi- lity of the Contractor to repair or replace miscellaneous improvements such as signs and mowing strips, and any other structural improvements within the District unless otherwise specified. Contractor shall be entitled to additional compensation for these services. 23. MAINTENANCE, REPAIRS AND REPLACEMENTS DUE TO EXTRAORDINARY INCIDENTS 23.01 Contractor shall be responsible for performing maintenance, repairs and replacements, when the need for such word: arises out of extraordinary incidents such as vandalism, Acts of God, and Third party negligence in accordance with the provisions of this Section. The Contractor shall replace as the result of any of the extraordinary incidents described in this Section (1) damaged, diseased (untreatable) or dead shrubs, ground cover and trees in accordance with Sections 17 and 18 and (2) inoperable irrigation equipment described in Section 21. The Contractor shall submit a written estimate of the cost for performing such work. The Director may, upon review and approval of such estimate, authorize the Contractor to perform said work by the issuance of a written Work Order. After submittal of the bill, the Contractor shall be reimbursed only for the agreed upon cost estimate. Allowable elements of cost for (1) the replacement of shrubs, ground cover, and trees shall be their wholesale cost including sales tax and cost of labor plus a factor of 15 percent (15%) for overhead and profit and (2) the replacement of Irrigation Equipment as defined in Section 19 of these Specifications shall be only the wholesale cost of equipment including sales tax (no reimbursement for Contractor's cost of labor) plus a factor of 15 percent (15%) for overhead and profit. In the event the Contractor's written estimate is not approved, then the Director reserves the right to contract with a third party to perform such wor--. 24. MAINTENANCE INSPECTIONS 24.01 The Contractor shall: a. Weekly perform a maintenance inspection during daylight hours of all facilities within the District. Such inspection hall be both visual and operational. The operational inspection shall include operation of all sprinkler, lighting and other technical systems to check for proper operational condition and reliability. SP15 b. Monthly meet on site with an authorized representative of the Director for a walk-through inspection. Said meeting shall be at the convenience of the Director and may include residents of the community. The Director shall notify the appropriate local representatives of the time and place of each walk-through inspection at least one (1) week prior to such inspection. In addition, weekly interim inspections may be made by the Director. Any corrective work required as a result of a monthly inspection or any interim inspection by the Director shall be accomplished to the satisfaction of the Director within three (3) days of the notification of deficiencies, except in the case of a leaking valve which must be repaired within 24 hours following notification. 25. PLAYGROUND EQUIPMENT MAINTENANCE 25.01 All playground sites and equipment shall be inspected at the start of each work day and sand cleaned and raked level to remove any foreign and hazardous material and neatly groomed. 25.02 Special attention shall be made to low sand areas, around play equipment. These sand areas shall be leveled by distributing sand from high areas to low areas. 25.03 All sand play areas shall be maintained free of litter, cans, pop tops, broken glass and other debris. 25.04 All playground sites and equipment shall be checked daily Monday through Friday throughout the year and Contractor shall clean and remove litter from sand areas daily, Monday through Friday throughout the year. Any unsafe condition of play equipment shall be corrected and/or reported pursuant to Section 8 of these specifications. 25.05 By the 10th of each month, all sand areas shall be rctotilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. Afte- :otilling, all areas shall be raked level. 26. FIRE PROTECTION SLOPE AREAS MAINTENANCE 26.01 These slope areas are hillside areas and are designed to meet Los Angeles County Ordinances for fire retardation. These areas generally occur in sloping terrain with gradients ranging 10 percent to 100 percent. Slopes are either manufactured or natural. The natural slopes have been brushed to remove certain plant materials. Manufac- tured slopes have been hydromulched in accordance with applicable County ordinances. Use -of these. areas by the residents should be minimal. 26.02 The maintenance of the natural slopes requires that the weeds and native brush be clipped to a height of 2 to 4 inches for a distance of at least 100 feet from a dwelling or structure. Also, dead wood from woody plants shall be trimmed when the area is brushed. Apply water within the cleared zone only as needed during fire season to maintain sufficient moisture content for sustenance of the plants and to inhibit combustion. Remove all debris from this operation off the District property. Weeding shall commence immediately following the rainy season once the growth of weeds has reached a maximum of 12 inches in height or when the County Fire Marshall has determined that a fire SP16 hazard condition exists. The required weeding shall be completed as soon as possible following its commencement and shall be completed throughout a District within a maximum period of thirty (30) days. Contractor shall be responsible for maintaining the brushed slope areas throughout the year in accordance with the above -identified height of weeds, dead wood removal and distance from dwellings or structures requirements. This may require that certain areas will need additional brushing as directed by the County Fire Marshall. Contractor will be paid additional compensation for additional brushings at the rate specified in the form of bid. Also, Contractor shall fertilize twice a year shrubs in these areas with inorganic 10-6-4 and remove weeds to a distance of 30 feet measured from any sidewalk adjacent to a fire protection slope area. 26.03 Where reference is made to weeding, brushing or clearing within 100 feet of a structure, it is intended that the space between the structure and the private property line is the responsibility of the owner of the property. As an example, assume a private residential lot has a depth of 100 feet, the rear or side of which abuts a fire protection slope. Assume that the structure is set back 20 feet from the property line abutting this slope. The Contractor's responsibility is within the portion or balance of the 100 feet outside of the private property boundary, or, in this case, 80 feet. Consult with the Director for any questions regarding these areas. 26.04 The maintenance of the manufactured slopes requires that the planted slopes be kept weed free at all times. Contractor shall program the irrigation system to deliver sufficient moisture within the root zone of trees and shrubs to sustain growth. Contractor shall be responsible for any damage to slope areas caused by excessive watering practices. Plants and trees shall be fertilized in accordance with the requirements of sections 17 and 18 of these Specifications. Weeding will be subject to the special conditions identified in Exhibit D of these specifications. 27. NATURAL AREAS MAINTENANCE 27.01 Natural areas are open space areas that have minimal usage due to the sloping character of the land and the rugged landscape materials that are native to the land. Contractor will provide periodic maintenance consisting of debris removal only as directed by the Director. 28. TERM OF AGREEMENT. 28.01 This Agreement shall take effect and commence upon its execution by the District and, unless executed on the first day of a calendar month, shall continue for the rest of the partial calendar month in which executed and for a period of twelve (12) full calendar months thereafter. 28.02 The District shall have the option to extend this Agreement up to five ( 5 ) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days SP17 prior to the expiration of the initial term of this Agreement, or of any. additional 1 year extensions. 29. CONTRACTOR'S COMPENSATION 29.01 Should this Agreement commence on other than the first day of a calendar month, the Contractor's compensation for that partial calendar monthly shall be prorated at the rate of 1/30 of the full monthly rate per day, to an including the last day of the partial calendar month. 29.02 In the event the District exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 23.02, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: The compensation provided herein shall be adjusted to reflect the increase, if any, in the cost of living during the previous year by adding to the Contractor's monthly compensation; the amount, if any, obtained by multiplying the Contractor's co-.5ensation as of the adjustment date by the percentage by which the Consumer Price Index (CPI) for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics cf the United States Department of Labor, has increase dover the CPI nor the month one year prior to the Index Month. If the Index is discontinued, the Manager's Office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. SPls EXHIBIT , LANDSCAPE MAINTENANCE CERTIFICATION I (We) hereby certify under penalty of perjury that the work within the facilities specified under the provisions of County Agreement No. has been performed in accordance with the specification of said Agreement for the month of , 19 , and that: 1. Not less than the prevailing wages, as determined by the State Department of Industrial Relations, have been paid to personnel employed to do this work. 2. All On -Going Maintenance Tasks have been completed as provided for in said Agreement and Specifications. 3. Irrigation systems have been checked for operability and that the following are functioning properly. a. Irrigation lines b. Valves C. Sprinkler heads d. Controllers 4. Spraying and/or use of chemicals has occurred. If Yes, has: a. Copies of the PCA's written recommendation been sent to the Inspector? d 0 b. Copies of the Pesticide Use Report been sent to the Inspector? C. Copies of restricted use permits been sent to the Inspector? Specialty Type Maintenance has been requested. If Yes, has: a. The inspector been notified in writing? b. If applicable, quantity and complete description of materials used been sent to inspector? > >, m _=m �� m � ry= •> > n1> o ? o � C o 0 03 i3 '3 ^ 0' l5 LA O O_ m O < O C � m T') if DIAMOND BAR LLAD NOS. 39 AND 41 The program for the control of Fescue on the planted slope areas within the Diamond Bar Hills and the Diamond Bar High country developments shall consist of the following pre -emergent and post emergent herbicide applications. Ronstar shall be applied at the rate of 100-200 pounds per acre to prevent the germination of new Fescue and will put the existing Fescue under unfavorable stress allowing the existing ground cover to push out the Fescue by outgrowing it. Fusilade at the rate of one pint per acre shall be applied to control existing Fescue. Therefore, this program provides for the use of Fusilade as a post -emergent grass killer and Ronstar as a pre -emergent grass herbicide to control Fescue found on these designated slopes. This program shall be repeated as often as needed to eradicate or control the growth cf Fescue on these slopes. The above conditions will be discussed on the site during the scheduled walk-through inspection which all prospective bidders will be required to attend. 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 ACCURATE LANDSCAPE AND MAINTENANCE CORPORATION 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 ACCURATE LANDSCAPE AND MAINTENANCE CORPORATION and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment and material for Maintenance of Lighting & Landscape Maintenance District No. 39 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 provision of the landscape and appurtenant maintenance services as set forth in the specifications for Lighting & Landscape Maintenance District No. 39 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. 1 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of contract. This agreement shall take effect and commence on July 1. 1991 for a period of twelve (12) months. b. The City shall have the option to extend this agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving the contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accord- ance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance 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 sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 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. 3 d. _ The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the,Office of the City Clerk of the City of Diamond Bar,.•Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. 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 pre- vailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. 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. 4 Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an. average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. 5 The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or account- able in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor, of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful mis- conduct of City, its employees, servants or independent contrac- tors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors or invitees pro- vided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the P Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation or activities of the Contractor hereunder, the Contractor agrees to pay to City and any all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. 10. NON-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: Except where additional compensation is specifically provided for in this Agreement, City will pay contractor for his services under this Agreement set forth in Bid Sheet, one month in arrears, on the last day of the month, or as soon thereafter as payment is approved by the City Council. In the event the City exercises its option to extend the term of this Agreement for one or more of the additional five, Contractor's monthly compensation shall be, subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: The compensation provided herein shall be adjusted to reflect the increase, if any, in the cost of living during the previous year by adding to the Contractor's monthly compensation the amount, if any, obtained by multiplying the Contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim - Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the Agreement, the prevailing party shall recover its 7 reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. (C-27) 603282 D e APPROVED AS TO FORM: By: �� 4 Da e Accurate Landscape & Plaint. Corp. 1910 N. Lime Street Orange, CA 92665 By :x/ y►�J Title regi t Tile i Title CITY OF DIAMOND BAR, _CALIFORNIA ayor By: C �yClerk Contractor's Business Phone: (714) 921-4255 Emergency Phone at which Contractor May be reached at any time: 8 (714) 921-4255 CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: ri i � (99 1 PROJECT NO.: 1k,4rlCA-- 3q BIDDERS NAME BID BOND BID AMOUNT Lanch (o(c,000 awl I-andLsera p e u�es:t. ( o% !� Q, s 4 o .3 1 Mari eazo . LG-nd52GxQeS d'7 , Sog CITY OF DIAMOND BAR STATE OF CALIFORNIA SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 39 The City Clerk of the City of Diamond Bar, California will receive at her office in the City Hall, in said City, until 10:15 a.m. on April 30, 1991, sealed proposals for the performance of the above described services. CITY OF DIAMOND BAR John Forbing, Mayor Jay Kim, Mayor Pro Tem Phyllis Papen, Councilmember Donald Nardella, Councilmember Gary Werner, Councilmember Robert L. Van Nort, City Manager Charles Janiel, Director of Parks and Maintenance IMPORTANT NOTICE TO BIDDER Notice is hereby given that the City of Diamond Bar is soliciting bids for maintenance services for Landscape and Lighting District 39. A mandatory bidders conference and inspection of the areas to be maintained will be held at 10:00 a.m. on Tuesday, April 16, 1991 at Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California. Bids will be accepted until 10:15 a.m. on _April 30, 1991 at Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California 91765, at which time and place said bids shall be publicly opened, examined and declared. Due to current drought situations and resultant rationing mandates, Contractor will be required to monitor irrigation systems to comply with reductions. The successful Contractor will be responsible for costs incurred due to excess usage. Inquires regarding these specifications can be directed to Charles Janiel, Director of Parks and Maintenance, (714)860-2489. Upon receipt of this proposal, contact Charles Janiel, Director of Parks, at the City of Diamond Bar with the name of your company, telephone number, a FAX number and the name of a contact person within your company. Failure to provide the City with this information may result in improper distribution of updated materials regarding the bid documents. The City will not be responsible for information not being distributed to the proper person. SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 39 IN THE CITY OF DIAMOND BAR TABLE OF CONTENTS NOTICE INVITING SEALED BIDS 4 - 7 INFORMATION FOR BIDDERS 8 - 13 BIDDER'S PROPOSAL 14 - 16 CONTRACTOR'S INDUSTRIAL SAFETY RECORD 17 LIST OF SYMBOLS AND ABBREVIATIONS 18 SUBCONTRACTORS LIST 19 NONCOLLUSION AFFIDAVIT 20 FAITHFUL PERFORMANCE BOND 21 LABOR AND MATERIAL BOND 22 BIDDER'S BOND 23 - 24 AGREEMENT 25 - 33 GENERAL PROVISIONS GP -1 -GP-7 SPECIAL PROVISIONS SP -1 - SP -18 RESOLUTION NO. 91 - 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE LANDSCAPE AND IRRIGATION MAINTENANCE OF LANDSCAPE AND LIGHTING DISTRICT NO. 39 IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Diamond Bar to maintain certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the maintenance of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the specifications for Landscape and Irrigation Maintenance in Landscape and Lighting District No. 39. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:15 o'clock A.M. on the 30th day of April, 1991, sealed bids or proposals for the Lighting and Landscape Maintenance District No. 39. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 East Copley Drive, Diamond Bar, California. TABLE OF CONTENTS NOTICE INVITING SEALED BIDS 4 - 7 INFORMATION FOR BIDDERS 8 - 13 BIDDER'S PROPOSAL 14 - 16 CONTRACTOR'S INDUSTRIAL SAFETY RECORD 17 LIST OF SYMBOLS AND ABBREVIATIONS 18 SUBCONTRACTORS LIST 19 NONCOLLUSION AFFIDAVIT 20 FAITHFUL PERFORMANCE BOND 21 LABOR AND MATERIAL BOND 22 BIDDER'S BOND 23 - 24 AGREEMENT 25 - 33 GENERAL PROVISIONS GP -1 -GP-7 SPECIAL PROVISIONS I� SP -1 - SP -18 Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for Lighting and Landscape Maintenance District No. 39.11 PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages are on file in --he office cf the City Clerk of the City of Diamond Bar, Suite 100, 21650 Ee.st Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as peva'-:-: to the City cf Diamc nd Bar, twenty-five dollars ($25.00) fo- each laborer, workran, or r..echanic 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, him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not he less than one to five, except: A. when unemployment in the area of coverace by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to t' -:e request for certificate, or B • v:_.en 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 apprentices^ip training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are -making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 11777.5 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 t^:e Division cf Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed int he execution of this contract and the Contractor and any subcontractor under him shall employ with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Fart 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, not more than fifty dollars ($50.00) 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 pe=witted to labor more than eights (8) hours in violation of said Lahor 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 deffined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. - - d The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least ten percent (loo) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is warded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar for an a-ount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the sa is warded to him, and in event of failure to enter Ln-,-o such contract said cash, cashier's check, certified check, or bond shall beccme 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 b,*dder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the;lsecond 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 fifty percent (500) of the annual contract price thereof, and an additional bond in an amount equal to twenty-five (25%) 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 wln.c is not licensed as a contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form., has not been issued by the City of Dianond Bar. A C-27 license is required. The work is tc be done in accordance with the prof les, plans, and specifications of the City of diamond Bar on file in t^.e office of the City Clerk at the City hall, Diamcnd Ear, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of $5.00, said $5.00 is nonrefundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with: an additional nonreimbursable payment of $5.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Dianond Bar. M PASSED, APPROVED AND ADOPTED this end day of April 1991. Cl lr v PRO TEM 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 2nd day of April 1991, by the following Roll Call vote: AYES: COUNCIL';EMBERS - Werner, Nardella, Papen, Mayor Pro Tem Kim NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - Mayor Forbing ABSTAINED: COUNCILMLEMBERS - None Z2�4-�� 61-4�V�i L N URGESS, City Clerk City of Diamond Bar 7 INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Standard Specifications for Public Works Construction, 1988 Edition. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount annual 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. i 5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. 'The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. Page 8 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity. of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. S. INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall be allow any subcontractor to commence work on this subcontract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued. in compliance with this section shall be issued in the form, and be an insurer of insurers, satisfactory to and first approved by the City in writing. Certificates of insurance in the amounts required shall be furnished by the contractor to the City prior to the commencement of work. The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. The contractor shall maintain public liability insurance to protect said contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said contractor and the City against loss from liability imposed by law, for damage to any property, damage insurance shall be maintained by the contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $500,000 for one person injured in the accident and in the amount of not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $500,000 with respect to any property damage aforesaid. The City shall be named a co-insured regardless of fault. Page 9 The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any pert of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the Owner a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. DISQUALIFICATION OR BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. 11. AWARD OF CONTRACT: The City may award the contract to the lowest responsible bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be compared on the basis of the lowest possible cost relative to the alternate or alternates selected and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals; provided that the award may be made after said period of the successful bidder shall not have given the City written notice of the withdrawal of his bid. 12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid, or on the base bid and any alternate or combination of alternates. 13. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. Page 10 14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed- subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code). Forms for this purpose are furnished with the contract documents. 15. WORKERS 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 every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." 16. BID DEPOSIT RETURN: Deposits of the three lowest 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 (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 succe-sful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest.responsible bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be readvertised. 13. 'AOR EQUAL": Pursuant to Article 5, Chapter 3, Part 1, Division 2 (commencing at 3400) Public Contract Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 19. EMPLOYMENT OF APPRENTICES: The contractor, and all subcontractors, shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The contractor and any subcontractor under him shall comply with the requirements said sections in the employment of apprentices; Page 11 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. 20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 21. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. The Contractor shall forfeit as penalty to the City of Diamond Bar, twenty-five dollars ($25) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file and available for inspection in the Office of the Department of Industrial Relations, Division of Labor Statistics and Research. 22. 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. 23. AWARD OF CONTRACT: The award of the contract, if it be awarded, will be to the lowest responsibie bidder whose proposal complies with all the requirements described. 24. 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 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 of for work decreased or eliminated by the City of Diamond Bar. Page 12 25. 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. 26. 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. 27. 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. i Erasures of interlineations in the proposal must be explained or noted over the signature of the bidder. 28. 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 of 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. 29. 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 note entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in a unit price bid item the total amount is entered for the item but not the unit price, the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid -on individual items (if called for) do not add up to the total amount -shown, the correctly added total of the individual items shall prevail over the total amount. 30. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to time, issue addenda to the contract documents during the period of advertising. The addenda will be sent to the address the.purchaser of the contract documents left with or furnished the City of Diamond Bar at the time the purchase was made. Page 13 CITY OF DIAMOND BAR SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 39 ITEM DESCRIPTION MONTHLY ANNUAL NO. QUANTITY WITH UNIT PRICE PRICE AMOUNT IN WORDS IN FIGURES 1 Lump Miscellaneous landscaping Sum in Maintenance District No. 39 (See attached map) (Word) TOTAL ANNUAL PRICE In words Page 14 In figures If an individual, so state. If a firm or co -partnership, state the firm name and give names of all individual co-partners ccmposing the firm. If a corporation, state legal name of corporation, also names of President, Secretary, Treasurer, and Manager thereof. Business Address Dated: 1 19 By: By: By: Contractor's License No. Contractor's License Expiration Date I declare under penalty of perjury of the laws of the State of California that the representations made herein are true and correct in accordance' with the requirements of California Business and Professions Code Section 7029.15. Contractor's Authorized Signature 15 CITY OF DIAMOND BAR SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 39 Accompanying this proposal is (insert "$ cash," "cashiers check," "certified check," or "bidder's bond," as the case amy be) in the amount equal to at least ten percent (10%) of the total bid. The undersigned further agrees that in case of default in executing the required contact, with necessary bond, within ten (10) days, including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) SIGNATURE DATE ADDRESS CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION Page 16 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification Bid Date This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information 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 1967 1968 1989 1990 TOTAL CURRENTYEAR 1. No. of contracts 2. Total dollar amount of contracts (in thousands of S) 3. No. of fatalities 4. No. of lost workdav 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 to 6. Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses, 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. i Name of Bidder (print) Address City Zip Code Page 17 Signature State Contractors' Lic. No. & Classification Telephone The definitions of the symbols and abbreviations used in the Schedule of Prices are as follows: Ave. Avenue LF Linear Feet & And LS Lump Sum AC Asphaltic Concrete Mod. Modified Blvd. Boulevard MH Manhole CAB Crushed Aggregate Base I Number CB Catch Basin No. Number Conc. Concrete NRCP Nonreinforced concrete pipe Conn. Connector or Connection Pvmt. Pavement Const. Construct Perm. Surf. Permanent Surfacing CIP Cast Iron Pipe PCC Portland Cement mnJa CSP Corrugated Steel Pipe RC Reinforced Concrete CY Cubic Yard RCB Reinforced Concrete Box D D -load of pipe RCP Reinforced Concrete Pipe Dia. Diameter Reconn. Reconnect Dbl. Double Reconst. Reconstruct Dwy. Driveway Reinf. Reinforcing or reinforced EA Each Restor. Restoration ELC Electrolier Lighting Resurf. Resurfacing Conduit Excay. Excavation Rd. Road Ex. or Exist. Existing Sched. Schedule Feet SD Storm Drain Fur. & PI. Furnish and place Sec. Section Ga. Gauge SF. Square Feet Galy. Galvanized Spec. Special Gr. Grate SS Sanitary Sewer H. High or height Sta. Station HC House connection St. Street sewer Struct. structure Improv. Improvements Trans. Transition It Inches TS Transition Structure JS Junction Structure Var. Variable Lb. Pounds VCP Vitrified Clay Pipe LD Local Depressions W Wide or Width Page 18 SUBCONTRACTORS LIST in compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the general contractor's total bid, and the portion of the work which will be done by each subcontractor. Name under which Sub- License Address of Office, Specific Description contractor is licensed Number Mill or Shop of Sub -contract work & portion of the Work If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.) Dated Bidder Signature Signature Page 19 State of California County of NONCOLLUSION AFFIDAVIT ss. 1 being first duly sworn, deposes and says that he or she is the party making the foregoing of bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company,association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any other bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bids are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. STATE OF CALIFORNIA COUNTY OF Subscribed and sworn , 19 ss. I' to before me Notary Public in and for the County of , State of California. My Commission expires 20 Signature this , 19 day of FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled land is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the contract.is hereby waived by such Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1991. PRINCIPAL SURETY BY: BY: ( SEAL) 21 ( SEAL) LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, AND as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of DOLLARS ($ ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed contract with said City for construction of the work under the City's specification entitled and is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if said Contractor in said contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1991. PRINCIPAL SURETY BY• BY: (SEAL) (SEAL) 22 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 (100) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on April 30, 1991 for Annual Landscape Maintenance for Lighting and Landscaping District No. 39 in the City of Diamond Bar. NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court. 23 BIDDER'S BOND (CONTINUED) IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A.D., 1991 (seal) (seal) (seal) (seal) PRINCIPAL (seal) (seal) SURETY (seal) ADDRESS 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 and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Maintenance of Lighting & Landscape Maintenance District No. 39 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 provision of the landscape and appurtenant maintenance services as set forth in the specifications for Lighting & Landscape Maintenance District No. 39 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. 25 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of contract. This agreement shall take effect and commence on July 1, 1991 for a period of twelve'(12) months. b. The City shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving the contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies. of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.: In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: 0 26 "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of 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. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to by so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: 27 "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is here by given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. copies of such prevailing rates of per diem wages are on file in the office of the City clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. 28 The contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship council, properly indentured apprentices may a employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the. Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. 29 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 stipualates for any workunder done under the attached contract, by him or by y him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship council, properly indentured apprentices may a employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or _ d. When the. Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. 29 The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices n and ift othereymen in any contractors on the 1public trade on such contract works site are making such contributions. The soSections1777.5 and1777.6 i the contractor f drandh shallim of ply with the requirement 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 oro accountable in any manner for any loss or damage that may happen the work or any part thereof, or for any of the materials orother things used or employed in performing the work; or for injury or damage to any person or persons, either workmen empfore s of the contractor of his subcontractors or the public, to adjoining or other property from any cause wh t oevether working The oout f or in connection with the p to any contractor shall be responsible for any damage or injury person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence orwillful its employees, servants,independent misconduct of City, directly contractors who are responsible to City during the time before its completion and final progress of the work or at any acceptance. 30 The -Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, o liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event'City, without fault, its made a party to any action or proceeding filed or prosecuted against he Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses\incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 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. 31 11. CONTRACT PRICE ANDPAYMENT: Except where additional compensation is specifically provided for in this Agreement, City will pay contractor for his services under this Agreement set forth in Bid Sheet, one month in arrears, on the last day of the month, or as soon thereafter as payment is approved by the City Council. In the event the City exercises its option to extend the term of this Agreement for one or more of the additional five Contractor's monthly compensation shall be subject to adjustment at the commencement of theextended term and annually thereafter ("the adjustment date") as follows: The Compensation provided herein shall be adjusted to reflect the increase, if any, in the cost of living during the previous year by adding to the Contractor's monthly compensation the amount, if any, obtained by multiplying the Contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angel es -Anaheim - Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United Stated Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 12. ATTORNEY'S —ZEES.• In the event that any action or proceeding is brought by either party to enforce any term or provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by City upon the giving of a written "Notice of Termination" to contractor at least thirty (30) days prior to the date of termination specified in said notice. �In the event os such termination, contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 32 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date By: Title APPROVED AS TO FORM: By: Title City Attorney CITY OF DIAMOND BAR, CALIFORNIA By: Mayor By: City Clerk Date Contractor's Business Phone': Emergency Phone at which Contractor can be reached at any time: 33 GENERAL PROVISIONS 1. GENERAL CONDITIONS All work shall be done in accordance with the 1988 Edition and all supplements of the Standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, Plans, Standard Construction Drawings and these Special Provisions. 2• MODIFICATIONS TO THE STANDARD SPECIFICATIONS Section 2. Sco e and Control of Work. Section 2-1. Award and Execution of Contract is amended by the following, (a) Examination of Plans S ecifications I sipecial 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) Probosal 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, California. 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 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, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer. G.P. 1 (c) Resection of Probosals Containing Alterations Erasures Irre ularities. Proposals may be refected if they show any alterations of form additions not called for, conditional or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. (d) Bidder's Guarant 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, 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. Subsection 2-5.1. Plans and 5ecifications-General is amended b the addition of the followin An addendum to these specifications may be issued by the Engineer at any time prior to the bid opening. Subsection 2-9.5. Line and etrade is amended by the addition of the follow inct (a) All surveying necessary and adequate for construction purposes will be done by the City Engineer or as modified in the Special Provisions. (b) The Contractor shall give two (2) working days notice, in writing, when the'`services of the City Engineer will be required for laying out any portion of the work, and he shall dig all holes necessary for line and grade stakes. The Contractor shall preserve all stakes set for the lines, grades or measurements of the work in their proper places - until authorized to remove them by the City Engineer. Any expenses incurred in replacing said stakes that the Contractor may have failed to preserve shall be borne by the Contractor. (c) Grades for all pipelines will be set on the surface of the ground and the Contractor shall transfer them to the bottom of the trench. At no time shall less than three G.P. 2 (3) consecutive grade points be used in common so that any variation from a straight grade can be detected. Any such variation shall be reported to the City Engineer and in the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. (d) The Contractor shall preserve all bench marks, stakes and other survey marks, and incase of their removal or destruction by his own employees or by his subcontractor's employees, he shall be liable for the cost of their replacement. Section 4. Control of Materials. Subsection 4-1.3 is modified to delete the requirement for inspection at the source of asphaltic concrete. 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. Ii Pomona, California 91766 (714) 865-3307 Southern California Edison company 800 West Cienega_ San Dimas, California 91773 (714) 592-3724 Walnut Valley Water District 271 South Brea Canyon Road Walnut, California 91789 (714) 595-7554 G. P. 3 Southern California Gas Company Distribution Department 920 S. Stimson Ave. City of Industry, California 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. Subsection 5-4. Relocations. The City of Diamond Bar has water mains, valves, sprinkler electrical controls, services and meters within the project area which conflict with the new work. Much of the modification and/or relocation work will necessarily be done currently with Contractor's improvement operations. Therefore, Contractor will necessarily have to work around some City facilities and closely coordinate with the City. 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 the ContrActor in Conduct of His Work. Section 7-2 Labor amended iby 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. G. P. 4 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 the any other cause, whether arising from the execution or from the non execution of 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. 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 7-4.1 Duration of Contract The Contractor shall begin work on or before the date of a written "Notice to Proceed", which shall be not later than 20 calendar days after execution of contract, and shall complete the entire work within sixty (60) 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 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 G. P. 5 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. Payment for this work shall be included in Bid items No. 1 (Irrigation System Installation). 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 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 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 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 trenches five feet or more in depth, the Contractor shall submit for acceptance by the awarding body, or by a registered civil or structural engineer employed by the awarding body, to whom authority has been delegated, in advance of excavation, of a detailed plan showing the design of shorings, bracing, sloping or other provisions to be made for worker protection from hazard of caving ground duringo 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 G. P. 6 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 (9o0) of the estimated percentage of actual work completed by the end of the preceding calendar month, based on the contract price less all previous payments, provided that in all events the City shall withhold no less than ten percent (10`s) of the contract price until final completion and acceptance of the work. The Contractor may substitute in lieu of cash retention. This payment on account shall in no way be considered as an acceptance of any part of the work or material of the contract, nor shall it in any way govern the final estimate. Final Pav-ments. 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 the Contractor an amount which, when added to the payments previously made and deductions allowable to the City, will equal ninety percent (900) 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 form any and all claims on account of the work performed under the contract or any alterations thereof. G. P. 7 SPECIFICATIONS FOR THE PROVISION OF LANDSCAPE AND APPURTENANT MAINTENANCE SERVICES FOR SPECIAL LANDSCAPE MAINTENANCE DISTRICTS 1. SCOPE OF THE WORK AND CONTRACT 1.01 The Work to be done under these specifications shall include the furnishing of all labor, material and equipment necessary for the provision of landscape and appurtenant maintenance services asset forth in these specifications including the exhibits attached hereto within the boundaries of the Special Districts and as said boundaries may have been heretofore or may be hereafter altered. 1.02 The foregoing work shall be done in a thorough and workmanlike manner under the direction and to the satisfaction of the Director of the Parks and Maintenance Department. The premises shall be maintained at the level of service provided for in these specifications at all times. 1.03 The Contractor shall have the exclusive duty, right and privilege to now, edge, trim, overseed, reseed, fertilize, aerate, irrigate, hand water and bleed valves as necessary during emergencies when automatic systems are not functioning, prune, trim, and renovate turf and shrub areas designated hereunder, as well as to provide weed control, disease control, tree maintenance within the District, maintenance of sprinkler systems including backflow prevention devices, repair of walkways, pumps; and the necessary maintenance of any appurtenant structures and equipment. 1.04 In return for the exclusiveness of said Contract and the other considerations provided for herein, the Contractor agrees to provide the landscape and appurtenant maintenance services within said District without any further compensation except as otherwise specifically provided for in the contract and/or specifications. 1.05 The Contractor shall not work or perform any operations, particular-_, 3uring periods of inclement weather, %•rhich may destroy or damage plant, groundcover or turf areas. 1.06 The Contractorshall, during the specified hours and days of operation, respond to all emergencies within two (2) hours of notification. 1.07 The Contractor shall perform a maintenance inspection weekly during daylight hours of all areas within the premises. Such inspection shall be both visual and operational. It, shall include operation of all irrigation, lighting and other mechanical systems to check for proper condition and reliability. 1.03 T_he term Director as used in these specifications shall mean Director of the Parks and Maintenance or his authorized representa- tive(s). 2. AREAS TO BE MAINTAINED 2.01 There are medians, parkway panels, cul-de-sac islands, village greens, adjacent roadway slopes, open space lots, linear greenbelts, paseos, fire protection slope areas, gate entry areas, creek beds, semi -natural, and natural areas with turf, plants, trees, and SP1 ground cover which are irrigated by manual and/or an electrically controlled automatic systems. 2.02 An identification of the areas to be maintained is provided in Exhibit A attached to these specifications. 2.03 The bidder, before submitting his bid, shall visit all existing areas to be maintained and inform himself fully as to all conditions that might affect the work specified. Said inspection of these areas in the company of City representatives will be required as a condition of submitting a bid and all bidders must attend the bidders' conference which will be held on the site on the day of the walk-through inspection. 2.04 Estimated square footages by district are provided for all areas to be maintained on the attached Exhibit A. However, it is the responsibility of the Contractor to verify by inspection and to observe the various slope characteristics 3. CERTIFICATIONS/REPORTS 3.01 Certification Contractor shall complete the attached Landscape Maintenance certification form designated Exhibit B and shall submit same to Director concurrent with the monthly invoicing. The monthly payment to the Contractor will not be made until such report has been received by the Director. 3.02 In addition, when applicable, Contractor shall submit with the monthly- invoice and Landscape Maintenance certification form, a report indicating, for those specialty type maintenance operations completed, the quantity and complete description of all commercial and organic fertilizer(s), grass seed and soil amendments used and a valid licensed California Pest Control Advisor's recommendation and copies of corresponding pesticide use report signed by a licensed California Pest Control Operator for all chemical disease and pest control work performed. 3.03 Maintenance Function Report, Contractor shall maintain and keep current a report form that records all On -Going, Seasonal, and Additional Work, maintenance functions performed on a daily basis, by Contractor's personnel. Said report shall be in a form and content acceptable to the Director and shall be submitted to Director concurrent with the monthly invoicing. The monthly payment will not be made until such report is received by the Director. 4• ADDITIONAL WORK 4.01 The Director may at his discretion authorize the Contractor to perform additional work, in accordance with the provisions of the contract including but not limited to, repairs and replacements when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and third party negligence; or improvements in order to add new, modify existing or to refurbish existing landscaping and irrigation systems as provided for in the contract authorizing the provision of those services. SP2 5. 6. 4.02 Prior to performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials. No work shall commence without the written authorization from the Director. Not withstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Director may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twenty-four (24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Director for approval. 4.03 All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. CONTRACTOR'S LIABILITY 5.01 All damages incurred to existing improvements locate within areas under maintenance which in the City's opinion are due t the Contractor's operation shall be repaired or replaced at tha Contractor's expense. 5.02 All such repairs or replacements shall be complete within the following time limits. a. Irrigation damage shall be repaired or replaced within one watering cycle. b. All damages to shrubs, trees, turf or groundcover shall be repaired or replaced within five (5) working days. 5.03 All repairs and/or replacements shall be completed i^ accordance with the following maintenance practices. a. Trees - Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. - If damage results in loss of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of Director. b. Shrubs - Minor damage .may be corrected ty appropriate pruning. - Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in. Section 18 of these Specifications. C. Chemicals - All damage resulting from chemical operation, either spray -drift or lateral -leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil conditioned to insure its ability to support plant life. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 6.01 Should any misunderstanding arise the Director will interpret the Agreement. If the Contractor disagrees with the interpretation of the Director, he shall continue with the work in accordance with the Director's interpretation. Within thirty (30) days after receipt of the interpretation, he may file a written request for a hearing before a Disputes Review Panel as provided herein. The SP3 written request shall outline in detail the area of dispute. 6.02 The Disputes Review Panel will be appointed by the Director and will be composed of not less than three Non -City personnel having experience in the administration of Landscape maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to the Director, for his consideration, within one (1) week following the conclusion of the hearing. The Director shall render an interpretation based upon his review of the Panel's recommendation. The Director's decision shall be final. �• OFFICE OF INQUIRIES AND COMPLAINTS 7.01 The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known, and shall, at all times, have some responsible Person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from Property owners and tenants within said District or from the Director. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of the complaint within one (1) hour of receipt of complaint by the answering service. The telephone cf said Contractor shall be on the exchange or exchanges of said District(s) or a toll-free number, and in no case shall the people of said District(s) be required to pay a toll charge to telephone said Contractor. During normal working hours, the Contractors Foreman or employee of the Contractor, who is responsible for providing maintenance services shall be available for notification tion. through radio communica- 7.02 whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify the Contractor cause such action to be taken by the City work force and shall charge the cost thereof as determined by the Director, against the Contractor, or may deduct such cost from any amount due to Contractor from City. 7.03 The Contractor shall maintain a written log of all complaints, the date and time thereof and the action taken pursuant thereto or the reason for non -action. The log of complaints shall be open to the inspection of the Director at all reasonable times. 7.04 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Director. If any complaint is not abated within 24 hours, the Director shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director, the Director may correct the specific complaint and the total cost incurred by the City will be deducted and forfeit from the payments owing to the Contractor from the City. SP4 8. SAFETY 8.01 Contractor agrees to perform all work outlined in these specifications in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all local, County, State or other legal requirements including but'not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL. O.S.H.A. Safety Orders at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at said areas under maintenance and keep a log indicating date inspected and action taken. 8.02 It shall be the Contractor's responsibility to.inspect, and identify, any conditions) that renders any portion of the areas under maintenance unsafe, as well as any unsafe practices occurring thereon. The Director shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making minor corrections including but not limited to filling holes in turf areas and paving, replacing valve box covers, and securing play apparatus if any so as to protect members of the public or others from injury. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring on the premises, including a complete written report thereof to the Director within five (5) days following the occurrence. 9. HOURS AND DAYS OF MAINTENANCE SERVICE 9.01 Hours of maintenance service shall be either 6:00 a.m. to 2:30 p.m. or 6:30 a.m. to 3:00 p.m. on those days maintenance is to be Provided for a Special District pursuant to the work schedule approved in advance by the Director. 9.02 Contractor shall provide on-site staffing at the prescribed hours five (5) days per week, Monday through Friday at the Special Districts indicated on the work schedules approved in advance by the Director. Any changes in the days and hours of operation heretofore prescribed shall be subject to prior written approval by the Director. 9.03 Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this Agreement shall constitute•a legal day's work and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of Twenty- five Dollars ($25.00) for each laborer, worker or mechanic employed in the execution of said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or forty SP5 (40). hours in any one calendar week, in violation of the provision or. Section 1811 to 1815, inclusive, of the Labor Code of the State of California. 10. MAINTENANCE SCHEDULES 10.01 Districts to Contractor shall provide a work schedule for the be maintained which shall be submitted to the Director within ten (10) days after the effective date approval. of this Agreement for his 10.02 performance The Contractor shall submit revised schedules when actual differs substantially from planned performance. revisions shall be submitted to the Director days Said within five prior to scheduled time for the work. (5) corking 10.03. Contractor's The above provisions are not construed to eliminate the responsibility in in the Director hereinafter. complying with the re for quirement to notify Type maintenance as forth set immediately 10.04 least two (2) Contractor shall notify the Director, in writing weeks prior to the at date and time of all "Specialty' maintenance operations. "Specialty Type" operations are defined as: a• Fertilization b• Turf aerification C. Turf renovation/verticutting d• Turf reseeding e• spraying of trees, shrubs or turf e• Other items as determined by the Director Said "Specialty Type" maintenance services shall be performed in compliance with the specialized maintenance program Failure to com lit-: (Exhibit C) attached hereto. P special services in accord with the schedules set forth on Exhibit C will result in the in becoming liable to the City for liquidated damages- ($100 per automatically upon the first day following the tfinal date such work written notice wasetolbe completed. 11. CONTRACTOR'S STAFF 1 11.01 The Contractor shall p perform all work in accordance with the specifications set forth herein All of the Contractor's maintenance personnel shall be supervised by a qualified, English speaking, Foreman in the employ of the Contractor. 11.02 1 Contractor shall transfer or discharge any employee whose conduct or activity shall, in the reasonable exec cisethe Director, be deemed detrimental to the interest od by patronizing the premises. Contractor shall transfer or discharge any such person within a reasonaContof theretion public ble time following notice therefor from the Director and such person shall not be employed at any other City District area of maintenance contracted for Contractor. and maintained by, the 11.03 Director may require the Contractor to establish an identification system for personnel assigned to an area of maintenance which clearly indicates to the public the name of the Contractor responsible for the landscape and appurtenant maintenance services. The identification system shall be furnished at the Contractor's expense and may include appropriate attire and/or name badges as specified by the Director. 11.04 The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirt, shall be worn at all times and buttoned. 12. SIGNS/IMPROVEMENTS 12.01 Contractor shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval therefor is obtained from the Director. 13. UTILITIES 13.01 The City shall pay for all utilities. However, water usage shall not exceed amount required to conply with irrigation schedules established by the Contractor and approved by the Director. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current usage with historical usage for the same time period. The excess cost factor, to be deducted from payments to Contractor from City will be presented to the Contractor by the Director prior to actual deduction to allow for explanations. 14. NON-INTERFERENCE 14.01 Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 15. STORAGE FACILITIES 15.01 City shall not provide any storage facilities for the Contractor. 16. TURF CARE 16.01 The Contractor shall perform at his sole expense the following services: a. Mowincr. Turf to be mowed with an adequately SP7 sharpened rotary or reel type mower, equipped with rollers, to ensure a smooth surface appearance without scalping. All warm season grasses (Bermuda, St. Augustine, and Kikuyu) to be cut at 1 inch heighth throughout the year. All cool season grasses (Blue Grass and Fescues) to be cut at 2� inches during April through November and at 2 inches during December to March of each year. The mowing heighths will be adjusted by the Director during periods of renovation. All clippings will be collected and removed from the site on the samerass the area is mowed. A mowing schedulewill be established and main- tained. This schedule will provide that all areas will be mowednot less than once a week during the warm season of April to November and once every two weeks during the cool season of December to March. This schedule will be submitted to the Director for approval. b. Edgin- with each cutting, the edge of the grass along sidewalks, curbs, shrub and flower beds, and walls shall be trimmed to a neat and uniform line. Where trees and shrubs occur in turf areas, all grass shall be removed 6 inches from the trunks of trees and away from the drip line of shrubs by use of power scythe, approve, chemicals, or small mowers as required. Trim around all sprinkler heads as necessary in order to provide maximum water coverage. Edging will be done concurrent with each mowing. The edge of the turf shall be trim- = around value boxes, meter boxes, backflow devices or any structures located within the turf areas. All turf edges ar to be maintained tz� prevent grass invasion into adjacent shrub, flower= and ground cover ted areas. All clippings shall be removed from site the same day area is edged. After mowing and edging is completed all adjacent walkways are to be swept clean by power blower. C. Weed Control. Control turf weeds as needed and i": accordance with the specialized maintenance program (Exhibit c). Ha -d removal of noxious weeds or grasses will be required as necessary. d• Insect/Disease Control. Eliminate all insect c disease affecting turf areas as they occur. ` annualle. Aerating. Aerate all turf areas four (4) times y in accordance with the specialized maintenance program (Exhibit C). Aerate all turf by using Z inch tines,removing 2 -inch cores of sod with an aerator machine at not more than 6 -inch spacing once over. Director is to be notified at least two (2) weeks prior to the exact date of aerating. f. Thatch Removal. Renovate all warm season grasses to the soil line and verticut all cool season grasses once annually prior to the overseeding operation to be performed in the fall of each year. Equipment will consist of standard renovating or vertical mowing types. Director is to be notified at least two (2) weeks prior to the exact date of renovation. g' Irrigation. Irrigation, including hand watering and bleeding of valves during an emergency situation, as required to maintain adequate growth rate and appearance and in accordance with a schedule most conducive to plant growth. Contractor to provide Director with monthly written irrigation schedule on form provided for this purpose. Director shall have the ability to change the irrigation schedule as the need develops. Adequate soil moisture will be determined by programming the automatic follows: sprinkler controllers as SP8 (1) Consideration must be given to the soil conditions, seasonal temperatures, wind conditions, humidity, minimizing runoff and the relationship of conditions which affect day and night watering. This may include daytime watering during winter weather to prevent icy conditions and manual operation of the irrigation system during periods of windy or inclement weather. During freezing and/or windy conditions, automatic irrigation will be discontinued. (2) In areas where wind creates problems of spraying water onto private property or road rights-of-way, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night (between the hours of 7:00 p.m. and 6:00 a.m.). (3) The Contractor shall be responsible for monitoring all systems within the jurisdiction of this specification and correct for: coverage, adjustment, clogging of lines, and removal of obstacles, including plant materials which obstruct the spray. (4) Check systems daily and adjust and/or repair any sprinkler heads causing excessive runoff, including slope areas, or which throw directly onto roadway paving or walks (where sprinkler heads can be adjusted) within the District. (5) All controllers shall be adjusted on a weekly basis considering the water requirements of each remote control valve (sprinkler station). (6) Irrigation system will be controlled by Contractor in such a way as not to cause an excessively wet area which could interfere with the Contractor's ability to mow all turf. (7) The Contractor shall observe and note any deficiencies occurring from the original design and review these findings with the Director, so necessary improvements can be considered. (8) Contractor shall repair all leaking or defective valves immediately upon occurrence, or within twenty-four (24) hours following notification from the Director of such a deficiency. (9) A soil probe shall be used to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones. (10) Contractor shall file a monthly statement with the Department of Parks and'' Maintenance certifying that all irrigation systems are functioning properly and provide a monthly irrigation schedule for the succeeding month. _-(11) Contractor shall also be required to file a yearly certification with the Department of Health Services that all backflow prevention devices on the irrigation systems are operating in accordance with the requirements established by the Los Angeles County Health Services Department. It will be the responsibility of the Contractor to repair and replace when necessary subject to the provisions of Section 21 hereunder all backflow prevention devices at his sole expense. Said certification shall be completed within thirty (30) days upon notification from the Department of Health Services that said certifications are due. h. Fertilization. Turf shall be fertilized with a balanced type commercial fertilizer twice (2) a year during the months of May and September. All fertilizer used shall be inorganic and granular. SP9 Rate for each application shall be one (1) pound of actual available nitrogen per 1,'000 square feet of a balanced type commercial fertilizer. The balanced fertilizer shall be approved by the Director and shall be of a 4-1-2 ratio. In addition to the balanced type commercial fertili- zation, the Contractor shall fertilize all turf areas with ammonium sulphate during March, April, and July of each calendar year at a rate of one (1) pound of actual available nitrogen per 1,000 square feet and with calcium or ammonium nitrate during November, December, and January of each calendar year at a rate of one (1) pound of actual available nitrogen per 1,000 square feet. All turf areas fertilized shall be thoroughly soaked immediately following fertilization. i. Turf Reseeding. Contractor shall once each year in fall, cverseed all turf after aerification and overseed all bare spots as needed throughout the remainder of the year to reestablish turf to an acceptable quality. When Contractor reseeds turf he will aerify, renovate or verticut, seed and mulch (spread evenly over the entire area to a uniform depth of 1/4 inch) in this sequence. The Director may require the use of sod when deemed necessary. Contractor shall be entitled to additional compensation for the cost of the sod only Provided loss of turf was not due to the negligence of the Contractor. overseeding shall be sown at a rate of five (5) pounds per 1,000 square feet and reseeding of bare areas shall be sown at a rate of eight (8) pounds per 1,000 square feet. The following seed specifications shall be used for all overseeding and reseeding. Name Proportion By Weight Purity Germination Newport Blue Grass 20% Lolium Perenne 'Pennfine' Rye 26 1/30 950-. 90% Pennant Rye 95% 85% Derby Rye 26 1/3% 95% 85% 26 1/3% 95jo 85% 17. SHRUB AND GROUND COVER CARE 17.01 The Contractor shall perform at his sole expense the following services: a. Pruninq. Prune shrubbery during the month of January through March to encourage healthy growth habits and for shape and appearance with the exception of roses which shall be pruned no later than January. All shrubs shall be free of dead wood, weak, diseased, insect infested and damaged limbs at all times. Remove all clippings the same day shrubbery is pruned. b. Trimmina. Restrict growth of shrubbery and ground covers to area behind curbs and walkways, and within planter beds by trimming, as necessary, or upon written notice by the Director. C. Renovation. Renovate ground covers according to Prescribed practices in the industry as needed to maintain a healthy vigorous appearance and growth rate. d. Disease and Insect Control. Maintain free of disease and insects and treat when needed pursuant to section 20. sP10 e. Weed Control. All ground cover and shrub beds are, to be kept weed free at all times. Methods for control can incorporate one or all three of the following: (1) Hand removal. (2) Cultivation. (3) Chemical eradication. f. Fertilization. Apply fertilizer at least two (2) times per year (during the months of March and April, and September and October) to provide a healthy color in all plants with foliar feedings if applicable. Contractor will cultivate around plants where needed. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with a fertiliza- tion schedule, with two (2) weeks notification prior to the proposed fertilization. g. Irrigation. Irrigate including hand watering and bleeding of valves in emergency situations where automatic systems are not functioning as required to maintain adequate growth rate and appearance. Section 16, Paragraph 9, concerning irrigation practices shall apply to shrubs and ground covers. h. Shrub and Ground Cover Replacement. All damaged, diseased (untreatable) or dead shrubs and ground covers will be replaced with the exact same material that existed and of similar size as required by the Director unless otherwise notified by the Director in writing. Substitutions for any plant materials must have prior approval in writing by the Director. Original plans and specifications should be consulted to determine correct identification of species. All shrubs shall be guaranteed to live and remain in healthy condition for no less than six (6) months from the date of acceptance of the job by the Director. 18. TREE CARE 18.01 The Contractor at his sole expense shall perform the following services: a. Tree Maintenance: (1) Contractor shall be responsible for the pruning, shaping and removal of trees under 15' in height. The Contractor shall inform the Manager's office of any damaged or diseased trees or any trees that pose a threat to adjacent concrete, walls or property. (2) All trees shall be maintained free of all dead, diseased and damaged branches back to the point of breaking. Cuts must be made flush with the parent limb or trunk to promote proper healing. Any cuts exceeding one and one-half (1�) inch will be treated with a wound dressing. All sucker growth is to be removed from trees as it occurs. (3) Maintain seven (7) foot clearance for branches overhanging walks and fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of streets where applicable. (4) Control insects and diseases as needed pursuant to the provisions of section 19 and Exhibit C. SP11 (5) Stake and support all replacement trees and replace stakes which have been broken or damaged on existing trees as required. (a) Tree stakes shall be pentachloraphenol treated lodge pole pine not less than eight (8) feet in length for five (5) gallon size trees and not less than ten (10) feet for fifteen (15) gallon trees sizes (two (2) per tree). (b) Guy wires where required and plant ties will be of pliable, zinc -coated ten (10 gauge wire (two (2) ties per tree). (c) Hose for covering wire to be either new or used garden hose at least one-half (%,) inch in diameter those ties should allow for minimum of three (3) additional inches of clearance beyond the diameter of the branch or trunk being secured). (d) Stakes will not be placed closer than eight (8) inches from trunk of the tree. (e) Stakes and ties will be placed so no chafing of bark occurs and shall be checked frequently and retied to prevent girdling. b. Fertilization. Apply fertilizer within dripline at least once per year (during the months of March or April) to provide a healthy color in all plants. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with two (2) weeks notification prior to the fertilizer application. C. Irrigation. Irrigation will be programmed in conjunction with automatic controllers or manual control valves servicing turf or ground cover and shrub areas in accordance with the requirements of Section 16, Paragraph 9. d. Permits. If a permit is required for tree pruning, City Department of Parks and Maintenance will obtain permit prior to commencement of work by Contractor. e. Tree Replacement. All trees permanently damaged by any means will be replaced as provided for under Sections 6 or 24 with the identical species of tree existing previously, unless otherwise notified in writing by the Director. The need for and the size o, replacement will be determined by the Director at the monthly maintenance inspection meeting or upon written notification. Size of the replacement shall be of a like size not to exceed a 24 -inch box specimen container size. Substitutions will require prior written approval by the Director. Original plans and specifications should be consulted to insure correct identification of species. f. Olive Tree Spraying. Ornamental olive trees shall be sprayed to prevent fruit set by use of "Maintain." Two applications shall be required 7-10 days apart. The first application shall be applied when 1/2 to 3/4 of the olive blooms are open (sometime between April 1 and May 10). Both spray applications shall be put on using a power sprayer with a minimum of 150 p.s.i. pressure. 19. USE OF CHEMICALS (PESTICIDES) AND DISEASE AND PEST CONTROL 19.01 The Contractor shall perform at his sole expense the following services: SP12 a. Chemical Application. All work involving the use of chemicals will be accomplished by a State of California licensed pest control operator. A written recommendation by a person possessing a valid California Pest Control Advisor License is required prior to chemical application. b, Permits. All chemicals requiring a special permit for use must be registered by the Contractor with the County Agricul- tural Commissioner Office and a permit obtained with a copy to the City Department of Parks and Maintenance prior to use. A copy of all forms submitted to the County Agricultural Commissioner shall be given to the Director on a timely basis. C. Compliance with Regulations. All regulations and safety precautions listed in the "Pesticide Information and Safety. Manual" published by the University of California will be adhered to. d. Pest Control. Control of ground squirrels, gophers, and other burrowing rodents by trapping and/or eradication will be provided by the District. Whenever holes are visible upon the surface, these holes shall be filled and securely tamped by contractor to avoid moisture runoff entering the holes. This procedure shall be followed 1 all areas especially within all slope areas. 20. GENERAL CLEAN-UP 20.01 The Contractor shall perform at his sole expense the following services: a. Trash Removal. Remove all trash and accumulated debris from site. b. Policing of Areas. All areas under maintenance and other designated areas will have above identified trash removed Mondays, Wednesdays and Fridays of each week throughout the year. C. Concrete As halt Median StripMaintenance. Contractor is responsible for weed and grass removal within concrete asphalt median strip areas, if any at all times. d. Curb and Gutter Maintenance. Contractor Is responsible for removal of weeds and grass from curb and g utte- expansion joints at all times.b Maintenance. Walkways, if any, will e e. Walkway cleaned immediately following mowing and edging and cleereWeek.by usThis power sweeping or blower equipment not less than once p um dog includes removal of all foreign objects from surfaces such as g feces, grease, paint, graffiti, etc. All walkway cracks and expansion joints shall be maintained weed and grass free at all times. f.- Drain Maintenance. All drains and catch basins shall be free of silRemovalaof nd Leaves. ebris a Accumulatiot all tims. ns ons of leaves shall be removed from all areas not less than once per week. 21. IRRIGATION SYSTEM MAINTENANCE OR REPAIR 21.01 All irrigation systems within the District areas designated in this specification will be repaired and maintained as SP13 required for operation, by the Contractor at his sole expense in the following manner: a. Scope of Resoonsibil maintain (repall ir or replace as needed) and keep operable all irrigation equipment consisting of sprinkler heads, valves, lines, couplers, risers, automatic controllers devices. , batteries, and backflows prevention This paragraph does not require the Contractor to make a complete piping replacement of the system. b. Replacement Requirements. original materials or substitutes a Replacements will be of prior to any installation. Pproved by the Director in writing C. Extent of Responsibility. The Contractor will be responsible for immediate maintenance (repair or replacement) of all irrigation systems. Contractor will be responsible at all times for hand watering and the bleeding of valves in emergency situations as required to sustain andp urevent loss of turf, trees, plants, and ground covers when automatic systems are not functioning. The replacement Section 21 requires to be provided by the Contractor shall be the normal deterioration, wear and tear, or negligence upon the part of the Contractor. The replacement required by Section 21 caused by extra- ordinary incidents of vandalism, acts of God, and third party negligence will be accomplished by the Contractor pursuant to the provisions of Section 23 of this Specification. However, the District(s) will continue the program of reimbursing the Contractor for the replacement with a new diaphragm valve of any piston t unrepairable by the Director. �'pe valve deemed to be reimbursed only for the wholesale Hcoste oaf, the newthe Cont diaphragm ractor lvalvvbe e including sales tax plus 15% for overhead and profit (not for the labor to install). d• Ordinances. All materials and workmanship will be in accordance with applicable City or County Plumbing Ordinances. Where the provisions of the specifications exceed such requirements, the specifications shall govern. 22• MAINTENANCE AND REPAIR OF WALKWAYS & SERVICE ROADS, DRAINAGE SYSTEMS, CONCRETE BLOCKWALLS & MISCELLANEOUS IMPROVEMENTS 22.01 Walkways and''Service Roads. All walkways and service roads, if any, shall be maintained by the Contractor so as to keep the integrity of the walking or driving surface in a safe, unimpaired condition. The Contractor shall be entitled to additional compensation for maintaining walkways and ser -vice roads in the following manner: required. a. Broken corners will be removed and repaired as b. Broken curbs or headers adjacent to or part of ` roadways or walkways .will be repaired or replaced. C. Contractor will not be responsible for total replacement of roadways or walkways as a result Of normal deterioration, but will be required to replace all improvements damaged by his negligence . 22.02 Drainage systems. The provided following services shall be for: by the Contractor at his expense except as otherwise provided _________SP 14 a. All surface drains ("v" ditches), if any, shall be kept clear of debris so that water will have an unimpeded passagetolas outlet. Contractor will repair or replace concrete portions necessary for which the Contractor will receive additional compensation. b. All sub -surface drains (except storm drains), if any, shall be periodically flushed with water to avoid build-up of silt and debris. All inlets to sub -surface drains shall be kept clear of leaves, paper and other debris to ensure unimpeded passage of water. Contractor shall replace all broken or stolen sections of pipe, catch basin boxes and grates, for which additional compensation shall be authorized.respon 22.03 Miscellaneous Improvements. It will be the responsibi- lity of the Contractor to repair or replace miscellaneous improvements such as signs and mowing strips, and any other structural improvements within the District unless otherwise specified. Contractor shall be entitled to additional compensation for these services. 23. MAINTENANCE, REPAIRS AND REPLACEMENTS DUE TO EXTRAORDINARY INCIDENTS 23.01 Contractor shall be responsible for performing maintenance, repairs and replacements, when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and Third party negligence in accordance with the provisions of this Section. The Contractor shall replace as the result of any of the extraordinary incidents described in this Section (1) damaged, diseased (untreatable) or dead shrubs, ground cover and trees in accordance with Sections 17 and 18 and (2) inoperable irrigation equipment described in Section 21. The Contractor shall submit a written estimate of the cost for performing such work. The Director may, upon review and approval of such estimate, authorize the Contractor to perform said work by the issuance of a written Work Order. After submittal of the bill, the Contractor shall be reimbursed only for the agreed upon cost estimate. Allowable elements of cost for (1) the replacement of shrubs, ground cover, and trees shall be their wholesale ,cost including sales tax and cost of labor plus a factor of 15 percent (15%) for overhead and profit and (2) the replacement of Irrigation Equipment as defined in Section 19 of these specifications shall be only the wholesale cost of equipment including sales tax (no reimbursement for Contractor's cost of labor) plus a factor of 15 percent (15%) for overhead and profit. In the event the Contractor's estimate approved, Dr ector reserves the right to contract with a thirdpartyto perform such work. 24. MAINTENANCE INSPECTIONS 24.01 The Contractor shall: a. Weekly perform a maintenance inspection during daylight hours of all facilities within the District. Such inspection hall be both visual and operational. The operational inspection shall include operation of all sprinkler, lighting and other technical systems to check for proper operational condition and reliability. SP15 b. Monthly meet on site with an authorize: representative of the Director for a walk-through inspection. said meeting shall be at the convenience of the Director and may include residents of the community. The Director shall notify the appropriate local representatives of the time and place of each walk-through inspection at least one (1) week prior to such inspection. In addition, weekly interim inspections may be made by the Director. Any corrective work required as a result of a monthly inspection or any interim inspection by the Director shall be accomplished to the satisfaction Cf the Director within three (3) days of the notification of deficiencies, except in the case of a leaking valve which must be repaired within 24 hours following notification. 25. PLAYGROUND EQUIPMENT MAINTENANCE 25.01 All playground sites and equipment shall be inspected at the start of each work day and sand cleaned and raked level to remove any foreign and hazardous material and neatly groomed. 25.02 Special attention shall be made to low sand areas, around play equipment. These sand areas shall be leveled by distributing sand from high areas to low areas. 25.03 All sand play areas shall be maintained free of litter, cans, pop tops, broken glass and other debris. 25.04 All playground sites and equipment shall be checked daily Monday through Friday throughout the year and Contractor shall clean and remove litter from sand areas daily, Monday through Friday throughout the year. Any unsafe condition of play equipment shall be corrected and/or reported pursuant to Section 8 of these specifications. 25.05 By the 10th of each month, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After -otilling, all areas shall be raked level. 26. FIRE PROTECTION SLOPE AREAS MAINTENANCE 26.01 These slope areas are hillside areas and are designed to meet Los Angeles County Ordinances for fire retardation. These areas generally occur in sloping terrain with gradients ranging 10 percent to 100 percent. Slopes are either manufactured or natural. The natural slopes have been brushed to remove certain plant materials. Manufac- tured slopes have been hydromulched in accordance with applicable County ordinances. Use -of these areas by the residents should be minimal. 26.02 The maintenance of the natural slopes requires that the weeds and native brush be clipped to a height of 2 to 4 inches for a distance of at least 100 feet from a dwelling or structure. Also, dead wood from woody plants shall be trimmed when the area is brushed. Apply water within the cleared zone only as needed during fire season to maintain sufficient moisture content for sustenance of the plants and to inhibit combustion. Remove all debris from this operation off the District property. Weeding shall commence immediately following the rainy season once the growth of weeds has reached a maximum of 12 inches in height or when the County Fire Marshall has determined that a fire qVi F, ___ hazard condition exists. The required weeding shall be completed as soon as possible following its commencement and shall be completed throughout a District within a maximum period of thirty (30) days. Contractor shall be responsible for maintaining the brushed slope areas throughout the year in accordance with the above -identified height of weeds, dead wood removal and distance from dwellings or structures requirements. This may require that certain areas will need additional brushing as directed by the County Fire Marshall. Contractor will be paid additional compensation for additional brushings at the rate specified in the form of bid. Also, Contractor shall fertilize twice a year shrubs in these areas with inorganic 10-6-4 and remove weeds to a distance of 30 feet measured from any sidewalk adjacent to a fire protection slope area. 26.03 Where reference is made to weeding, brushing or clearing within 100 feet of a structure, it is intended that the space between the structure and the private property line is the responsibility of the owner of the property. As an example, assume a private residential lot has a depth of 100 feet, the rear or side of which abuts a fire protection slope. Assume that the structure is set back 20 feet from the property line abutting this slope. The Contractor's responsibility is within the portion or balance of the 100 feet outside of the private property boundary, or, in this case, 80 feet. Consult with the Director for any questions regarding these areas. 26.04 The maintenance of the manufactured slopes requires that the planted slopes be kept weed free at all times. Contractor shall program the irrigation system to deliver sufficient moisture within the root zone of trees and shrubs to sustain growth. Contractor shall be responsible for any damage to slope areas caused by excessive watering practices. Plants and trees shall. be fertilized in accordance with the requirements of Sections 17 and 18 of these Specifications. Weeding will be subject to the special conditions identified in Exhibit D of these specifications. 27. NATURAL AREAS MAINTENANCE 27.01 Natural areas are open space areas that have minimal usage due to the sloping character of the land and the rugged landscape materials that are native t6 the land. Contractor will provide periodic maintenance consisting of debris removal only as directed by the Director. 28. TERM OF AGREEMENT 28.01 This Agreement shall take effect and commence upon its execution by the District and, unless executed on the first day of a calendar month, shall continue for the rest of the partial calendar month in which executed and for a period of twelve (12) full calendar months thereafter. 28.02 The District shall have the option to extend this Agreement up to five ( 5 ) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days SP17 prior to the expiration of the initial term of this Agreement, or of any additional 1 year extensions. 29. CONTRACTOR'S COMPENSATION 29.01 Should this Agreement commence on other than the first day of a calendar month, the Contractor's compensation for that partial calendar monthly shall be prorated at the rate of 1/30 of the full monthly rate per day, to an including the last day of the partial calendar month. 29.02 In the event the District exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 28.02, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: The compensation provided herein shall be adjusted to reflect the increase, if any, in the cost of living during the previous year ty adding to the Contractor's monthly compensation the amount, if any, obtained by multiplying the Contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index (CPI) for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increase dover the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Manager's Office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. SP18 -D�S-T, *�l H r 0 �r x X x x wrG� iE W S O ���GES X5.7 7 �c�xS TuaF �I. �5 �►ckr 5 EXHIBIT LANDSCAPE MAINTENANCE CERTIFICATION I (We) hereby certify under penalty of perjury that the work within the facilities specified under the provisions of County Agreement No. has been performed in accordance with the specification of said Agreement for the month of , 19 , and that: 1. Not less than the prevailing wages, as determined by the -- State Department of Industrial Relations, have been paid to personnel employed to do this work. 2. All On -Going Maintenance Tasks have been completed as provided for in said Agreement and Specifications. 3. Irrigation systems have been checked for operability and that the following are functioning properly. a. Irrigation lines b. Valves C. Sprinkler heads d. Controllers 4. Spraying and/or use of chemicals has occurred. If Yes, has: a. Copies of the PCA's written recommendation been sent to the Inspector? 1, 5. b. Copies of the Pesticide Use Report been sent to the Inspector? C. Copies of restricted use permits been sent to the Inspector? Specialty Type Maintenance has been requested. If Yes, has: a. The inspector been notified in writing? b. If applicable, quantity and complete description of materials used been sent to inspector? A N c+ c _ 0 In o - ' 0 - In n > > T - O � J: > O r Q• A N DIAMOND BAR LLAD NOB. 39 AND 41 The program for the control of Fescue on the planted slope areas within the Diamond Bar Hills and the Diamond Bar High Country developments shall consist of the following pre -emergent and post emergent herbicide applications. Ronstar shall be applied at the rate of 100-200 pounds per acre to prevent the germination of new Fescue and will put the existing Fescue under unfavorable stress allowing the existing ground cover to push out the Fescue by outgrowing it. Fusilade at the rate of one pint per acre shall be applied to control existing Fescue. Therefore, this program provides for the use of Fusilade as a post -emergent grass killer and Ronstar as a pre -emergent grass herbicide to control Fescue found on these designated slopes. This program shall be repeated as often as needed to eradicate or control the growth of Fescue on these slopes. The above conditions will be discussed on the site during the scheduled walk-through inspection which all prospective bidders will be required to attend. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence -L. Belanger, City Manager MEETING DATE: August 2, 1994 REPORT DATE: July 28, 1994 FROM: Bob Rose, Director of Community Services TITLE: Extension of contract for Maintenance of Eight (8) City Parks SUMMARY: At its meeting on June 15, 1993, the City Council awarded a contract to Accurate Landscape and Maintenance Corp., in the amount of $102,600, for the maintenance of eight (8) City Parks in Diamond Bar. The first year of the contract began on July 1, 1993 and continued through June 30, 1994. The contract allows the City Council to extend the contract on an annual basis, if an extension is deemed to be in the best interest of the City. Under terms of the contract, the contractor is normally entitled to a C.P.I. adjustment on the extension. Accurate Landscape and Maintenance Corp. has agreed to forgo this adjustment. Plus, after a year of servicing this contract, Accurate Landscape and Maintenance Corp. has proven to be excellent at completing the detailed work that the specifications require under the terms of the contract. (Continued on back) LIST OF ATTACHMENTS: — Staff Report Public Hearing Notification Resolution(s) ,X Bid Specifications (On File In City Clerks office) _ Ordinances(s) X Other: Letter of Agreement X Agreement (s) Bid peEult 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? Majority 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 X Yes No _ Yes X No Yes X No _ Yes No departments: REVIEWED BY: &A-Terrence/L. Belanger Frank M. Usher Bob Rose City Ma ager Assistant City Manager Community Services Director c:\YP60\LINDAKAY\AGENDA-9\treeMAIN.BOB Staff believes that the annual cost of $102,600 for this service is very competitive. The bid by Accurate Landscape & Maintenance Corp. was $3,900 (3.8%) lower than the next lowest bid, which was $106,500. There is $109,110 budgeted in the 1994/95 fiscal year budget for the maintenance of eight (8) City Parks in Diamond Bar. In addition to budget considerations, service to the community must also be considered. Past experience has shown that when a new contractor comes in to start servicing this contract, it takes approximately three to six months to get all the details worked out. Extending the contract will not only allow the City to continue its good service to the community, but it makes good economic sense as well. RECOMMENDATION: It is recommended that the City Council approve the extension of the contract with Accurate Landscape & Maintenance Corp. for the maintenance of eight (8) city parks in Diamond Bar for fiscal year 1994/95 in an amount not to exceed $102,600 and authorize the Mayor to sign the attached letter of agreement. c:\IIP60\LINDAKAY\AGENDA-9\tred4AIN.BOB - --• k . V • %o, 1 7 Lr y;WIDn 9W TEL NQ: 713-'96I-3117 2"Num &^ CA !1 ?? 100 FAX GRLM1`117 July is, 1994 Teams *loon, pr0sldsnt am xointemmaa Corporation orerw• Qb !alas 3104 aft3p peals 1MistaNsaa cottnot Dear Nr. oiseas #224 ?02 Per o"r irrt.OsaOtad� �t��� °°nvarsati� Aoonrat� aA the oity pants ma#at na a Dlaaoeq bar is �� and atio01=a� with t a� 30, i!!i. The �trapt rraaaln tbe ■ftom � 1taounL4 as the 1993/94 contract, #i0a,io0. F*n`41JW asproval ag this aOntraot rxtsnsion COOnall at its Auvwt a i!!i aMt3 Ciaaa�4 sae City ame,mt not to sxOsst Flo?,994 rill n rps0o� s Off, the M e ane rWWardW t0 sincerely, Bob itess, pirootw COsWQAity sarviw■ pspastamt sY ai4Hbw below, the peruse agree City of DIUWWA Ilar '4ES Aaairata the above tory. and main. corps OND' H. WAM Cuk W. Hum" Um b. Amd MWW "uYar Pro Tom • �'�'GAMW PbAb P. Pqw humbwC�•o�llwabfr 20d 6t0 38VOSONVI 31t/anoo��� SE:60 62-10-3166[ 1 (2 3SVd 03lNlHd) 2 3SUd_LIM-198-686 IV %661 41:81 62/48 03A1333H 1 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 ACCURATE LANDSCAPE AND MAINTENANCE CORPORATION 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 ACCURATE LANDSCAPE AND MAINTENANCE CORPORATION and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment and material for Maintenance of eight (8) community aarks 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 provision of the land aRe and ar)ourtenant main enance services as set fotth in the specifications for the maintenance of city Barks 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 agzleement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 1 a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of contract. This agreement shall take effect and commence on July 1. 1993 for a period -of twelve (12) months. b. The City shall have the option to extend this agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving the contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accord- ance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance wit the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." 2 b. For all operations of the Contractor or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 eacti 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." 3 5) Otherwise be in a form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than th® 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 dies 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 pre- vailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 4 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 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. 5 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. S. TRAVEL• AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or account- able in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor, of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful mis- conduct of City, its employees, servants or independent contrac- tors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or p"porty, penalties, obligations or liabilities that may be asserts* or claimed by any person, firm, entity, corporation, political subdivision, or other organisation arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors or invitees pro- vided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants or independent contractors who are directly responsible to City, and in connection therewith: 6 a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or, City covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation or activities of the Contractor hereunder, the Contractor agrees to pay to City and any all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor_ under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. 10. NON-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. il. CONTRACT PRICE AND PAYMENT: Except where additional compensation is specifically provided for in this Agreement, City will pay contractor for his services under this Agreement set forth in Bid Sheet, one month in arrears, on the last day of the month, or as soon thereafter as payment is approved by the City Council. In the event the City exercises its option to extend the term of this Agreement as provided in paragraph 3.b., Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: The compensation provided herein shall be adjusted to reflect the increase, if any, in the cost of living during the previous year. This will be accomplished by multiplying the current level of the contractor's compensation by the percentage of increase in the Consumer Price Index ("CPI") for the month immediately preceding the Adjustment Date (the "Index Month") over 7 the CPI for the month one year prior to the Inde: index that will be used for this calculation is Los Angeles -Anaheim -Riverside Metropolitan area by the Bureau of Labor Statistics of the United of Labor. If the Index is discontinued, the shall, at its discretion, substitute for the similar index as it may deem appropriate. :Month. The "CPI" identified as the Index as reported States Department Director's office Index such other 12. ATTORNEY'S F rR, In the event that any action or proceeding is brought by either party to enforce any term or provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, contractor shall only be paid for services rendered - and expenses necessarily incurred prior to the effective date of termination. 8 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 —Title le APPROVED AS TO FORM: Title r CITY OF DIAMOND B , FORMA By: M ykfr By: G aJ C Clerk Date Contractor's Business Phone: Emergency Phone at which - Contractor May be reached at any time: 9 CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: PROJECT NO .: L�3d, a. mom.+ L m 4LX_e Di G•Ict, `Pc�A. B DDERS NAME BID BOND BID AMOUR kloj� -tom' 41 i l,CW l D Z, ca 00 . 00 I „P-Acw,@f.v ►Floss- Ib %• it 10b,Soo -co CITY OF DIAMOND BAR STATE OF CALIFORNIA FOR ANNUAL LANDSCAPE MAINTENANCE FOR DIAMOND BAR COMMUNITY PARKS 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 1, 1993, sealed proposals for the performance of the above described services. Gary Miller, Mayor Phyllis Papen, Mayor Pro Tem John Forbing, Councilmember Dexter Mc Bride, Councilmember Terry Belanger, City Manager Bob Rose, Director of Community Services DIAMOND BAR COMMUNITY DARKS o Administrative Specifications o On -Going Maintenance Tasks o Seasonal Specialty Tasks o Specific Requirements STATEMENT OF WORK LANDSCAPE AND GROUNDS MAINTENANCE AGREEMENT DIAMOND BAR COMMUNITY PARKS I• ADMINISTRATIVE SPECIFICATIONS S ION H- PAGE 1 General Requirements 1 2 Facilities to be Maintained 2 3 Certifications/Reports 2 4 Additional Work 3 5 Contractor's Damages 4 6 Interpretation of the Maintenance Specifications 4 7 Office of Inquiries and Complaints 5 8 Safety 5 9 Hours and Days of Maintenance Services 6 10 Maintenance Schedules 11 Contractor's Staff 7 12 Signs/Improvements 8 13 Utilities 8 14 Non -Interference 8 15 Storage Facilities 8 16 Use of Chemicals. 9 SECTION HEADING PAGE 23 Picnic Areas and Pavilions Maintenance - 16 Operation 24 Picnic Areas and Pavilions Maintenance - 16 Frequency 25 Playground Equipment - Operation 16 26 Playground Equipment - Frequency 17 27 Restroom Maintenance - Daily Operation 17 28 Restroom Maintenance - Weekly Operation 18 29 Aerification - Operation 19 30 Aerification - Frequency 19 31 Fertilization - Operation and Frequency 19 32 Turf Reseeding - Operation and Frequency 20 33 Weed Control Turf - Operation and Frequency 20 34 Disease/Insect Control - Operation and Frequency 20 35 watering and Irrigation Systems 21 Maintenance 36 Irrigation System Operability and 22 Testing - Operation 37 Irrigation Operability and Testing - 23 Frequency 38 Ballfield Maintenance and Preparation - 23 Operation 39 Ballfield Maintenance and Preparation - 25 Frequency 40 Rodent Control - Operation 25. 41 Rodent Control - Frequency 25 42 Drinking Fountain Maintenance - 25 Operation and Frequency 43 Exterior Building Maintenance - 26 operation and Frequency II. ON-GOING hAINTZMANCE TASKS FINN 1 Mowing - Operation 10 2 Mowing - Frequency 10 3 Mechanical Edging - operation 10 4 Mechanical Edging - Frequency 11 5 Chemical Edging and Detailing - Operation 11 6 Chemical Edging and Detailing - Frequency 11 7 Weed Control and Removal - Operation 11 8 Weed Control and Removal - Frequency 12 9 Litter Control Operation 12 10 Litter Control - Frequency 12 11 Trash Containers - Operation 12 12 Trash Containers - Frequency 13 13 Trash Bin Removal - Operation 13 14 Trash Bin Removal - Frequency 13 15 Raking - Operation 13 16 Raking - Frequency 13 17 Pruning and Hedge Trimming - operation 13 18 Pruning and Hedge Trimming - Frequency 15 19 Sweeping/Washing - operation 15 20 Sweepinq/Washing - Frequency 15 21 Algae and Aquatic Growth Control - Operation 15 22 Algae and Aquatic Growth Control - Frequency 16 SEC ---T- HEADING ACE 44 Interior Building Maintenance - - Basic Operation 26 45 Park Kitchen Maintenance- Operation and Frequency 26 46 Interior Building Maintenance- Periodic Operations and Frequencies 27 47 Slopes - Operation 27 48 Slopes - Frequency 28 49 Walks and Trails - Operation 28 50 Walks and Trails - Frequency 28 51 Swales and Drains - Operation 28 52 Swales and Drains - Frequency 29 53 Peterson Park & Paul C. Grow - Special Needs Operation and Frequency 29 54 Raise American Flag over park sites -Operation and Frequency 29 55 Diversion of Organic Materials from land fills - Operation and Frequency 29 III. SEASONAL SPECIALTY TA8E8 , 56 Shrub and Tree Care/Pruning 30 57 Cultivating 31 58 Renovation/Vertical Mowing - Operation 31 59 Plant Materials - Operation 31 IV. SPECIFIC REQUIREMENTS 60 County -Provided Materials 32 61 Locks and Keys 32 Exhibit "A" - City of Diamond Bar Parks 34 ADMINISTRATIVE SPECIFICATIONS 1. GENERAL RBQOIREMENTS 1.01 The premises shall be maintained with a crisp, clean appearance and all work shall be performed in a professional, workmanlike manner using quality equipment and materials. 1.02 Contractor shall provide the labor, materials, and equipment necessary for the provision of grounds and landscape maintenance services, except as otherwise specified hereinafter. The premises shall be maintained with nothing but the highest of standards at no less than the frequencies set forth herein. 1.03 Contractor is hereby required to render and provide landscape and grounds maintenance services including, but not limited to, the maintenance of turf, groundcover, shrubs and trees; renovation of turf and groundcover areas; maintain and prepare ballfields; the pruning of trees and shrubs; providing weed, disease and pest control; provide specified building custodial services; operating and maintaining specified components of the irrigation system, maintenance of aquatic areas, and the maintenance of any appurtenant structures and equipment pursuant to specifications and frequencies established by the City of Diamond Bar Department of Parks and Maintenance, as set forth herein or revised by City. 1.04 Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage groundcover, athletic or turf areas. 1.05 The Contractor recognizes, that during the course of this Agreement, other activities and operations may be conducted by City work forces and other contracted parties. These activities may include, but, not be limited to, landscape refurbishment, irrigation system modification or repair, construction and/or storm related operations. The Contractor may be required to modify or curtail certain tasks and operations and shall promptly comply with any request therefor by the Director. 1.06 Contractor shall, during the specified hours and days of operation, respond to all emergencies within two (2) hours of notification. 1.07 The Contractor shall perform a weekly maintenance inspection during daylight hours of all areas within the premises. Such inspection shall be both visual and operational. It shall include operation of all irrigation, lighting and other mechanical systems to check for proper condition and reliability. Contractor shall take .immediate sups to correct any observed irregularities, and submit a written report regarding such circumstances to the Director. 2. FACILITIES TO BE MAINTAINED 2.01 The facilities to be maintained under the provisions of this Agreement, as described on the attached Exhibit A, are located at the following addresses and locations: SP -1 3. Heritage Park 2900 S. Brea Canyon Road Diamond Bar Ronald Reagan Park 2201 S. Peaceful Hills Road Diamond Bar Paul C. Grow Park 23305 Quail Summit/Highbluff Road Diamond Bar Sycamore Park 22930 Golden Springs Drive Diamond Bar Undeveloped Pantera Park Pantera Drive Maple Hill Park 1309 S. Maple Hill Road Diamond Bar Starshine Park 20838 Starshine Road Diamond Bar SummitRidge Park 1425 Summitridge Drive Diamond Bar Peterson Park 24142 E. Sylvan Glen Drive Diamond Bar Undeveloped Larkstone Park Larkstone & Dab Court These facilities are landscaped with turf, groundcover, shrubs, and are irrigated by manual and or automatic controlled systems. These areas are further defined on the plans of record on file with the City of Diamond Bar. 2.02 Contractor acknowledges personal inspection of the facilities and the surrounding areas. 2.03 With regard to the New Park Sites identified as; Pantera Park and Larkstone Park. Contractor acknowledges that said sites are in various stages of development and are not under full operation at the date of execution of this agreement. Contractor agrees to commence maintenance services at said parks within thirty (30) days of Director's written notice stating that said parks are in operation and that specified maintenance services are required for all, or any portion of the specified New Park Site. CERTIFICATIONS/REPORTS Contractor shall maintain and keep current a daily report form that records all On -Going, Seasonal, and Additional Work, maintenance functions preformed by Contractor's personnel. Said report shall be in a form and content acceptable to the Director and shall be submitted to Director concurrent with the monthly invoicing. The monthly payment will not be made until such report is received and deemed acceptable by the Director. 3.02 Certification shall fication Report Form", designatedrExhibit cBmandtshall submittheesame etolDirector concurrent with the monthly invoicing. The monthly payment to the Contractor will not be made until such report has been received and found acceptable by the Director. SP -2 3.03 Irrigation Schedule Contractor shall complete and submit.a monthly irrigation schedule, Exhibit C for the coming month, and submit same to Director concurrent with monthly invoicing. In addition, when applicable, Contractor shall submit with the monthly invoice, a report indicating those specialty type maintenance operations completed. Said report shall include the following information: a. Quantity and complete description of aU commercial and organic fertilizer(s) used. b. Quantity and label description of Ate, grass seed used. C. Quantity and complete description of &U soil amendments used. d. A valid licensed California Pest Control Advisor's recommendation and copies of corresponding pesticide use report signed by a licensed California Pest Control Operator for all chemical disease and pest control work performed. 4. ADDITIONAL WORK 4.01 The Director may at his discretion authorize the Contractor to perform additional work, including but not limited to, repairs and replacements when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and third party negligence; or improvements in order to add new, modify existing or to refurbish existing landscaping and irrigation systems. If the Director determines that the labor for work resulting from vandalism; Acts of God or third party negligence can be performed by Contractor's present work force, Director may modify the Contractor's On -Going Maintenance Schedule in order to compensate Contractor for performing said work. Absent of said modification, any work not provided for elsewhere in this agreement and authorized by the Director and performed by the Contractor shall be paid by City as specified in Payment and Invoices, Section 11 of the Agreement. 4.02 Prior to performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials. No work shall commence without the written authorization from the Director. Not withstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Director may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twenty-four'(24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Director for approval. 4.03 All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. 4.04 Additional compensation may be authorized at the discretion of the Director, for those "Seasonal Specialty", or "Additional Work" functions deemed necessary and authorized by the Director. SP -3 S. couTRACTOR I s DMAaas 6. 5.01 All damages incurred to existing facilities by the contractor's operation shall be repaired or replaced at the Contractor's expense. 5.02 All such repairs or replacements shall be completed within the following time limits. a. Irrigation damage shall be repaired or replaced within one watering cycle. b. All damages to shrubs, trees, turf or groundcover shall be repaired or replaced within five (5) working days. 5.03 All repairs or replacements shall be completed in accordance with the following maintenance practices. a. Trees - Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. - If damage results in loss of a tree, the damaged tree shall be removed and replaced to comply ith the specific instructions of Director. b. Shrubs - Minor damage may be corrected by appropriate pruning. - Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in Section 16. "Pruning and Hedge Trimming - Operation" of the On-Goinq'Maintenance Specifications. C. - All damage resulting from chemical operation, either spray -drift or lateral -leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil conditioned to insure its ability to support plant life. 6.01 Should any misunderstanding arise, the Director will interpret this Agreement. If the Contractor disagrees with the interpretation of the Director, Contractor shall continue with the work in accordance with the Director's interpretation. Within thirty (30) days after receipt of the interpretation, Contractor may file a written request for a hearing before a Disputes Review Panel as provided hweinafter. The written request shall outline in detail the area of disputa. 6.02 The Disputes Review Panel will be appointed by the Director and will be composed of not less than three Non -City personnel having experience in the administration of grounds maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to the Director, for his consideration, within one (1) week following the conclusion of the SP -4 hearing. The Director shall render an interpretation based upon his review of the Panel's recommendation. 7. OFFICE OF INQUIRIES AND COMPLAINTS 7.01 The Contractor shall maintain an office at some fixed place located in the Los Angeles Metropolitan Area and shall maintain a telephone thereat, listed in the telephone directory in its own name or in the firm name by which it is most commonly known and shall, during the daily hours of maintenance operation have some responsible person(s) employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the Director, City personnel or patrons using the facilities. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. During normal working hours, the Contractor's Foreman or employee of the Contractor, who is responsible for providing maintenance services shall be available for notification through radio communication. 7.02 Whenever immediate action is required to prevent•, impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify the Contractor cause such action to be taken by the City work force and shall charge the cost thereof as determined by the Director, against the Contractor, or may deduct such cost from an amount due to Contractor from City. 7.03 The Contractor shall maintain a written log of all complaints, the date and time thereof and the action taken pursuant thereto or the reason for non -action. The log of complaints shall be open to the inspection of the Director at all reasonable times. 7.04 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Director. If any complaint is not abated within 24 hours, the Director shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director, the Director may correct the specific complaint and the total cost incurred by the City will be deducted and forfeit from the payments owing to the Contractor from the City. 8. SAFETY 8.01 Contractor agrees to perform all work outlined in this Agreement in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for, complying with all local, County, State or other legal requirements including but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL. O.S.H.A. Safety Orders at all times so as to protect all persons, including SP -5 9. Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken. 8.02 It shall be the Contractor's responsibility to inspect, and identify, any condition(s) that renders any portion of the premises unsafe, as well as any unsafe practices occurring thereon. The Director shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making minor corrections including, but not limited to; filling holes in turf areas and paving, using barricades or traffic cones to alert patrons of the existence of hazards, replacing valve box covers, and securing play apparatus so as to protect members of the public or others from injury. During normal hours Contractor shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the premises. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring on the premises, including a complete written report thereof to the Director within five (5) days following the occurrence. HOURS AND DAYS OF KRIMTMMWB SERVICES 9.01 The basic daily hours of maintenance service shall be as follows: a. During the months of November through April 7:00 a.m. to 3:30 p.m. b During the months of May through October 6:00 a.m. to 2:30 P.M. 9.02 Contractor shall provide staffing to perform the required maintenance services during the prescribed hours seven (7) days per week, Sunday through Saturday. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the Director. 9.03 Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this Agreement shall constitute a legal day's work and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by Labor Code section 1815, under penalty of paying to the city the sum of Twenty-five Dollars ($25.00) for each laborer, worker or mechanic employed in the execution of said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, workeror mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week, in violation of the provisions of section 1811 to 1815,inclusive, of the Labor Code of the State of California. SP -6 10. xhlyTEIMWZ SCHEDULES 10.01 Contractor shall, within ten (10) days after the effective date of this Agreement, submit a facility work schedule to the Director for review and approval. Said work schedule shall be set on an annual calendar identifying and delineating the time frames for the required functions by the day of the week, morning and afternoon. 10.02 The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the Director for his review, and if appropriate his approval, within five (5) working days prior to scheduled time for the work. 10.03 The above provisions are not construed to eliminate the Contractor's responsibility in complying with the requirements to notify the Director for Specialty Type maintenance as set forth immediately hereinafter. 10.04 Contractor shall notify the Director, in writing, at least two (2) weeks prior to the date and time of all "Specialty Type" maintenance operations. "Specialty Type" operations are defined as: a. Fertilization b. Turf renovation/reseeding c. Micro-Nutrients/soil amendments d. Spraying of trees, shrubs or turf e. Aesthetic tree pruning f. Other items as determined by the Director. 11. CONTRACTOR' 8 STMT 11.01 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. Contractor's employees, whether assigned to any one facility or as part of a crew serving any number of facilities, shall include at least one individual who speaks the English language proficiently. 11.02 Contractor shall transfer or discharge any employee whose conduct or activity shall, in the',reasonable exercise of discretion by the Director, be deemed detrimental to the interest of the public patronizing the premises. Contractor shall transfer or discharge any such person within a reasonable time following notice therefor from the Director and such person shall not be employed at any City Parks and Recreation facility contracted for and maintained by, the Contractor. 11.03 Director may require the Contractor to establish an identification system for personnel assigned to the facility which clearly indicates to the public the name of the Contractor responsible for the landscape and grounds maintenance services. The identification system shall be furnished at the Contractor's expense and may include appropriate attire and/or name badges as specified by the Director. 11.04 The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times and buttoned. SP -7 12 . SIGNS / 1MYROVIUNTS 12.01 Contractor shall not post signs or advertising matter upon the premises or improvements thereon, unless prior approval therefor is obtained from the Director. 13. UTILITIES 13.01 The City shall pay for all utilities with the exception of the telephone. However, water usage shall not exceed amount required to comply with irrigation schedules established by the Contractor and approved by the Director. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current usage with historical usage for the same time period. The excess cost factor, to.be deducted from payments to Contractor from City will be presented to the Contractor by the Director prior to actual deduction to allow for explanations. 14. NON-INTERFERENCE 14.01 Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 15. STORAGE FACILITIES 15.01 City, at its discretion, may provide storage and office facilities for Contractor's use within the premises. In such case, Contractor is prohibited from use of said facilities for the conduct of any of its business interests that are outside the scope of this Agreement. Further, said facilities shall not be used for human habitation, other than a night-watchman or patrolman as specifically approved by the Director. 15.01.01 Contractor, at its own risk, may store equipment and materials required for maintenance of the premises in said facilities. However, Contractor must, at all times, employ the use of such safety standards and handling -procedures as are applicable to such equipment and materials. 15.02 Contractor shall not dispose of hazardous materials on the premises. All such hazardous materials collected on the premises shall be properly stored on a temporary basis, thereafter to be disposed of by Contractor at an approved disposal site. 15.03 Damage or loss to Contractors equipment, materials and/or personal property shall be at Contractor's sole risk and expense. Contractor hereby agrees to hold City harmless and waive any claims for damages for loss of use of any equipment, materials and/or personal property that may occur at City provided storage facilities. SP -8 16 . USE OF CE WCALS 16.01 All work involving the use of chemicals shall be in compliancis with all Federal, State and local laws and will be accomplished by or under the direction of a State of California Licensed Pest Control operator. A written recommendation by a person possessing a valid California Pest Control Advisor License is required prior to chemical application. 16.02 A listing of proposed chemicals to be used including; commercial name, application rates and type of usage shall be submitted to the Director for approval at the commencement of the contract. No work shall begin until written approval of use is obtained from the Director. 16.03 Chemicals shall only be applied by those persons possessing a valid California Pest Control Applicator's license. Application shall be in strict accordance with all governing regulations. 16.04 Records of all operations stating dates, times, methods of application, chemical formulations, applicators names and weather conditions shall be made and retained in an active file for a minimum of three (3) years. 16.05 All chemicals requiring a special permit for use'must be registered with the County Agricultural Commissioner's Office and a permit obtained with a copy to the City of Diamond Bar Parks Department. 16.06 All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California shall be adhered to. 16.07 Chemicals shall be applied when air currents are still; preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in or near the area of application. SP -9 II. ON-GOING MAINTZNANCE TASKS 1. MOWING - operation 1.01 Mowing operations shall be performed in a workmanlike manner that ensures a smooth, surface appearance without scalping or allowing excessive cuttings to remain. 1.02 Turf shall be mowed with a reel -type mower equipped with rollers or a rotary -type mower. 1.03 All equipment shall be adjusted to the proper cutting heights and shall be adequately sharpened. 1.04 Mowing height shall be no less than 3/4 inch for all turf areas. Mowing height may be set as high as 1h inches with one (1) inch being considered normal. Mowing heights may vary for special events and conditions. 1.05 Mowing operation shall be completely performed forty-three (43) times per year. 1.06 Mowing operation shall be scheduled Monday through Thursday. 1.07 Walkways shall be cleaned immediately following each mowing. 2. MOWING - Frequency All turf areas shall receive no less than the following: 2.01 During the warm season (April to November) all turf areas shall be mowed no less than once every week for a total mowing frequency of thirty-five (35). 2.02 During the cool season (December to March) all turf areas shall be mowed no less than once every two weeks for a total mowing frequency of eight (S). 3. MECIMICAL ZpQI 1A - operation 3.01 All, turf edges, including designed edges in flower beds, shall be kept neatly edged and all grass invasions must be eliminated. 3.02 All turf edges, including but not limited to; sidewalks, patios, drives, curbs, shrub beds, flower beds, groundcover beds, around tree basem, and along lakes and streams shall be edged to a neat and uniform line. 3.03 Mechanical edging of turf shall be completed as one operation in a manner that results in a well-defined, v -shape edge that extends into the soil. Such edging shall be done with a power edger with a rigid blade. 3.04 All turf edges shall be trimmed or limited around; sprinklers to provide optimum water coverage, valve boxes, meter boxes, backflow devices, park equipment and other obstacles. 3.05 All groundcover areas where maintained next to turf areas shall be kept neatly edged and all grass invasions eliminated. SP -10 4' XECN=CAL WGINg - Frequency 4.01 Mechanical edging of turf shall be performed twenty-six (26) times per year. 4.02 Mechanical edging of all groundcover areas shall be completed six (6) times per year. 5 • CHE�[ICl1L EDaZN 11ND DET]►Tr Tutu _ Operation 5.01 Chemical application may -be used in and around areas such as planters, areas adjacent to buildings, trees, fence lines, sprinkler heads, etc. Prior to application of chemicals, all areas shall be trimmed to proper mowing height. Chemicals shall be applied in a manner to limit drift to six (6) inches. Precautionary measures shall be employed since all areas will be open for public during application. 5.02 Spot treat with a portable sprayer or wick wand using an herbicide approved by the Director and applied per manufacturer's recommendations. Water shall not be applied to treated areas for forty-eight (48) hours after each application. 5.03 Where trees and shrubs occur in turf areas, all grass growth shall be limited to at least eighteen (18) inches from the. trunks of trees and away from the dripline of shrubs by use of a�hproved chemicals. 5.04 Linear chemical edging of turf boundaries may be performed in a manner that ensures a defined turf edge and limits its encroachment, into beds or across boundaries where it is impractical to edge mechanically. A twelve (12) inch barrier width shall be considered normal. 5.05 Detailing of sprinkler heads (to provide maximum water coverage), valve boxes, meter boxes, and similar obstacles in turf areas may be performed in a manner that ensures operability, ease of location and/or a clean appearance. A six (6) inch clearance shall be considered normal. 6. CQ DEMILINg - Frequenay 6.01 Chemical edging and detailing operations shall be completed once every three (3) months . 7. FAW Cgjc= . AND anugm_ Operation 7.01 All grass -like type weeds, mornin loror types, ragYeed or other underground spreading weeds shall be keptunderstrict control. 7.02 Remove all weeds and grass from the following areas: roadways; driveways; parking lots patios; drainage areas; slopes; hillsides; and expansion joints in all hard surface areas. 7.03 Remove all weeds, mechanically, from shrub beds, planters, and other cultivated areas. 7.04 Weeds treated with a contact weed chemical shall be left in place for a minimum of seven (7) days. If kill is not complete; additional application(s) shall be made, at no additional cost to the City, until target species are eliminated. SP -11 7.05 Weeds treated using a systemic chemical shall be left in place per manufacturer's recommendation. If kill is not complete by the time specified in the manufacturer's recommendation a second application, at no additional cost, shall be made. 7.06 After complete kill all dead weeds shall be removed from the area. 8. REED CONTROL AND REMOVAL - Frequency 8.01 Chemical application: Beds, planters, walkways, hard court areas, picnic pavilions, drainage are patios, expansion joints in all hard surface areas, roadways, parking lots, drainage areas, slopes, and hillsides: once every month. 8.02 Mechanical Removal: shrub beds, planters, cultivated areas; once per week. 8.03 Inspect, spot treat or mechanically remove weeds as necessary. 9. LITTER CONTROL - Operation 9.01 Complete policing and litter pick-up to remove paper, glass, trash, undesirable materials, siltation and other accumulated debris within the hard surfaces, stadium and landscaped areas to be maintained, including but not limited to: walkways, roadways between and around planted areas, steps, planters, drains, areas on slopes from the toe of slope to ten feet up the slope, catch basins, play equipment, and sand areas. 9.02 Complete policing, litter pick up and supplemental hand sweeping of parking lot corners and other parking lot areas inaccessible to power equipment shall be accomplished to ensure a neat appearance. 9.03 Complete removal of floating debris and litter in lakes and/or streams. 9.04 Litter pick-up shall be completed as early in the day as possible, but in no case later than 10 :00 a.m. 9.05 Trash cans and any other large materials placed into the; lakes or streams shall be removed. 10. LITTER COMMMOL - Frequency 10.01 Turf, beds, planters, walkways, hard court areas, play areas, picnic pavilions and stadium areas, sand areas, patios, drainage areas, the above described slope areas, roadways, parking lots, and lakes and streams; daily seven (7) days per week. 10.02 Trails; and, developed and irrigated slope areas: once per week. 11. TRASH coNTRiNns - Operation 11.01 Exterior trash containers shall be emptied prior to 10:00 a.m. and all materials shall be placed in appropriate trash bin(s). SP -12 11.02 Receptacles shall be conveniently located for the public use, and returned daily to such locations if receptacles are displaced by third parties. 11.01 Containers or related appurtenances shall be cleaned, and painted to avoid concentrations of insects and not detract from the overall appearance of the area. 11.04 Containers shall be painted forest green and stenciled as needed. 11. 05 All containers or receptacles shall be installed securely to prevent tipping. 11. 06 Containers shall be fifty-five (55) gallon drums. 12.. TRUE CONTAINERS - Frequency 12.01 Empty exterior trash containers or receptacles; daily seven (7) days per week. 12.02 Clean and paint exterior trash containers or receptacles; once annually. 13. TRABH BIN REKOVAL Operation 13.01 All trash and accumulated debris shall be placed in appropriate designated trash bin(s) each day. 13.02 A designated storage area will be provided for the trash bin(s) . 13.03 Contractor shall be responsible for providing all necessary trash bins; and off-site removal of all trash and accumulated debris to an approved disposal site. 14. TRASH BIN REMOVAL - Frequency 14.01 Trash bin removal; at least once per week or as otherwise approved by Director. 14.02 Trash trucks shall not be,permitted on park turf areas. 15. Rig - Operation 15.01 Accumulation of leaves shall be removed from all landscaped areas including beds, planters and turf areas under. trees and placed in appropriate trash bin(s). 16. RAKING - lsequency 16.01 Planters, planter beds and turf areas under.trees; once a month. 17. PRUNING AND HEDGE TRIMMING - operation 17.01 Clearance a. Maintain trees to achieve a seven (7) foot clearance for all branches within the park area and fourteen (14) foot clearance for branches overhanging beyond curb line into the paved SP -13 section of roadways. Prune all plant materials where necessary to maintain access and safe vehicular and pedestrian visibility and clearance and to prevent or eliminate hazardous situations. b. All wounds one inch in diameter or over shall be painted with an asphaltic base tree paint immediately after pruning. 17.02 Trim designated formal plant materials to maintain formal hedges and topiary work. 17.03 Plant ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required. 17.04 Remove all new growth on trees up to the appropriate height clearances. 17.05 Remove all dead shrubs and trees. Trees to be removed shall have a caliper of three (3) inches or less measured six (6) inches above the ground level. 17.06 Staking and Tying a. Replacement of missing or damaged stakes where the tree diameter is less than three (3) inches. b. Stake in those cases where tree has been damaged and requires staking for support. C. Stake new trees or recently planted trees which have not; previously been staked. d. Materials 1. Tree stakes, two (2) per tree, shall be pentachlorophenol treated lodge pole pine not less than eight (8) feet in length for five (5) gallon size trees not less than ten (10) feet for fifteen (15) gallon trees. 2. Guy wires where required and plant ties will be of pliable, zinc -coated ten (10) gauge using two (2) ties per tree. 3. Hose for covering wire shall be either new or used garden hose at lease one-half (h) inch in diameter (hose ties should allow for minimum of three (3) additional inches of clearance beyond the diameter of the branch or trunk being secured). 4. Stakes will not be placed closer than eight ( 8 ) inches from the bark. 17.07 Groundcover All dead, diseased and unsightly branches, vines or other growth shall be removed as they develop. All groundcover areas shall be pruned to maintain a neat edge along planter box walls. Any runners that start to climb buildings, shrubs or tre4s shall be pruned out of these areas. 17.08 Damaged trees shall be staked and tied within twenty-four (24) hours. Replacement stakes or new staking shall be completed within five days. SP -14 18. PRUNING Ann gine- TRIxxTHr• - Frequency, As Determined by Director. 18.01 Trees: Clearance pruning; As Needed. 18.02 Groundcover thinning; As Needed. 18.03 Pruning plant material for vehicular and pedestrian visibility and access; As Needed. 19. 811EEPING/WASHING - Operations 19.01 Check concrete areas for cracks, crevices and deteriora- tion and notify Director in writing within twenty-four (24) hours. 19.02 walkways, steps, hard court areas, and patios shall be cleaned including but not limited to; the removal of all foreign objects from surfaces such as gum, grease, paint, graffiti, broken glass, etc. 19.03 Methods for sweeping of designed areas can incorporate one or all of the following: a. Power pack blowers b. Vacuums c. Brooms d. Push power blowers 19.04 In the event the Contractor elects to use Power ment to complete such operations, Contractor shall be subject to Vocal ordinances regarding noise levels.. Further, any schedule of such operations may be modified by' Director in order to insure that the public is not unduly impacted by the noise created by such equipment. 19.05 Supplemental hand sweeping of parking lot corners and other parking lot areas are required in those areas inaccessible to power equipment. 20. 8WZZpINO/maBATx0 _ Frequency 20.01 Sweeping of hard surface areas, parking lot corners, walkways, steps, hard court and stadium areas; once per week.. 20.02 washing of the following areas: a. Picnic pavilions and Ratios used in conjunction with food service areas shall .be washed twice per week as instructed by the Director. b. Tennis courts and hard surface area; Once per week. C. Stadiums; once per month. 20.03 Director may suspend or modify washing of hard surfaces in response to drought situations. 21. ALGAE AND &ZXG 9AG M CONTROL - operation 21.01 Lakes and streams shall be maintained free of algae and aquatic growth. 21.02 Chemicals used in control of algae and aquatic growth shall be approved for use by the Agricultural Commissioner's Office. 21.03 Chemicals used for control of algae and aquatic growth in lakes where fish are stocked must be approved by the Director for use in fisheries and not used in percentages that are harmful to fish. 21.04 Adjacent walkways and patio areas shall be maintained free of algae. SP -15 22. 23. 24. ALsae atilt AQUATIC GgoM CONTROL - Frequency 22.01 Control of algae in lakes and streams, twenty (20) times per year during the months of March through December as requested by the Director. 22.02 Control of aquatic growth in lakes and streams; two (2) times per year as scheduled by Director. pICNI + AgEAg AIM PAVILIONS XAXVTzNmcE - Operation 23.01 Picnic tables, benches, slabs, braziers and trash containers and receptacles shall be cleaned to insure safe use by the public. 23.02 Picnic tables and benches shall be checked for graffiti, carvings, looseness of planks or braces, cleanliness and general need of repair. 23.03 Cooking grills, braziers, fireplaces and fire rings shall be inspected for general need of repair. 23.04 The Contractor's observation of the general need of repair or replacement of loose planks or braces, braziers and fireplaces shall be immediately reported to the Director. 23.05 Ashes, partially burned charcoal, garbage and leftover food in and around cooking and picnic facilities shall be removed. 23.06 The entire picnic area shall be kept free of broken glass, cans, pop tops, paper, etc. PICNIC ARRU ANN pAVILIoNg XgINTECUM - Frequency 24.01 rings; daily, 24.02 24.03 days per week. 24.04 24.05 24.06 24.07 24.08 days per week. 24.09 24.10 per week. Inspect tables, benches, braziers, fireplaces and fire seven (7) days per week. spot Clean tables, benches, braziers and pads; As Needed. Empty trash containers and receptacles; daily, seven (7) Wash trash containers once every two (2) weeks. Wash and disinfect tables and benches; Once per week. Wash picnic hard surface areas; Once per week. Clean braziers and fire rings; Once per week. Clean and disinfect drinking fountains; Daily, seven (7) Remove litter; Daily, Seven (7) days per week. sweep picnic hard surface areas; Daily, seven (7) days 2S. PLAYGROUND EOUjjKX= - Operation 25.01 All playground sites and equipment shall be inspected at the start of each work day, and the, sand cleaned and raked level to remove any foreign and hazardous material and be neatly groomed. 25.02 Any equipment showing signs of wear, fatigue or otherwise presenting an unsafe condition shall be reported immediately to the Director. SP -16 25.03 Special attention shall be made to low sand areas, around play equipment. These sand areas shall be leveled by distributing sand from high areas to low areas. 25.03.01 During the leveling and distribution of sand no concrete footing shall be exposed that could allow children to trip over or fall on. 25.03.02 During regular maintenance the raking and filling of depressions shall be done in a manner to prevent material compaction. 25.03.03 The raking and distribution of sand around and below the play equipment shall have a cushioning potential and this condition shall extend for eight (8) feet beyond any part of the play equipment. 25.04 All sand play areas shall be maintained free of litter, cans, pop tops, broken glass and other harmful and unsightly debris. 25.05 All sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base material to be mixed in with the sand. After rototilling all areas shall be raked level. 26. PLAYGROUND EOOIPKEM7 - Frequency 26.01 Inspect playground site and equipment; Daily, seven (7) days per week. 26.02 Clean, regrade, rake and remove litter from sand area; Daily, seven (7) days per week. 26.03 Sweep walks around sand play areas and return sand to play area; Daily seven (7) days per week. 26.04 Rototill sand in playground areas by the 10th of each month. Twelve (12) times each year. 27. RESTROOM XAINTZNXNCE Daily Operation, Seven (7) daps per Heel. 27.01 All restrooms shall be cleaned thoroughly in accordance with the followinq tasks, and all tasks shall be completed and restrooms opened for public use prior to 8 a.m., unless otherwise specifically authorized by Director. 27.02 Pick up debris and trash, then sweep floor. Removed materials are not to be swept outside of the restroom. 27.03 Empty trash and napkin receptacles, replace liners as needed. 27.04 Check and refill all dispensers as needed. 27.09 Replace burnt out light bulbs or tubes, inside of restroom and security lights outside. 27.06 Remove all graffiti using graffiti removal materials or other scrubbing techniques. 27.07 Remove spitballs, cobwebs, and other foreign materials from doors, walls, ceiling, partitions, vents, etc. 27.08 Do high and low dusting of ledges, tops of partitions, etc. using a dampened cloth or other device. 27.09 Disinfect the inside of urinals and toilets. 27.10 Disinfect the top and bottom of toilet seats, fixtures, and surfaces of and surrounding each fixture. SP -17 27.11 Disinfect stall walls and other areas where hands are normally placed. Clean doors and door frames. 27.12 Disinfect around urinals, under sinks, around floor drains, and other areas where bacteria might breed. 27.13 Disinfect sinks, dispensers, receptacles, trash containers, and walls around such areas. 27.14 Clean mirrors. 27.15 Scrub sinks and wipe dry. Use a small scrub brush to clean corners, cracks, and narrow areas. 27.16 Scrub inside surfaces of toilets and urinals. Be sure to scrub upper lip. Do not flush. 27.17 Scrub outside of toilets, urinals, and rear wall. 27.18 wipe toilet seats, toilet bowls, urinals, and fixtures until dry. 27.19 Spot clean walls and scrub handprints, etc. from walls and partitions and wipe dry. 27.20 Disinfect and mop floors, making sure that corners, drains, areas around toilets, and feet of partitions are thoroughly cleaned and there is no accumulation of dirt or other matter. Leave the floor as dry as possible . 27.21 wipe off cove base and remove mop strands caught around posts, etc. 27.22 Replace receptacles and trash containers following their cleaning. 27.23 Deodorize the restrooms. 27.24 Immediately notify Director of any irregularities or hazards. 27.25 If running water, broken fixtures, or plugged sewer lines cannot be normalized or isolated, the restroom is to be locked and the Director immediately notified. 27.26 Remove graffiti from the outside of the restroom building and wash off any other dirt clods, mud, or foreign materials. 27.27 Clean top and sides of drinking fountains outside of restrooms and clear drains. 27.28 Disinfect drinking fountains, scrub the fixtures, and dry 27.29 All areas are to be left clean and free of streaks, stains, film, debris, water spots, and odors. All fixtures shall be clean, including piping. 27.30 Make sure that supplies are in their appropriate dispensers and in adequate amounts to meet the demand. 27.31 All leaking fixtures; clogged drains; stopped up or damaged bins, toilets, or urinals; and damaged or inoperable lighting fixtures that cannot be repaired by the following shall be reported to the Director: (a) tightened to stop leaks; (b) unclogged by using a "plumber's helper" or short snake. 27.32 Restrooms must be closed within one hour after posted park closure time, unless otherwise specifically authorized by Director. 26. REBTROOK XAINTZNAMcE - weekly operation; once per Meek. The following tasks shall be completed the day prior to the scheduled inspection date. SP -18 28.01 Perform the following tasks prior to commencing the daily task identified in paragraph 27.07: a. By using a plumber's help (plunger), lower water levels in toilet bowls below water line and use a bowl cleaner to descale and dissolve water rings on the bowls and under the flushing rims. Allow the bowl cleaner to soak for 20 to 30 minutes. Do not flush. b. Using a bowl cleaner, descale and dissolve water rings on urinal surfaces, and under the flushing rim allowing the bowl cleaner to soak for 20 to 30 minutes. Do not flush. C. Following the soaking period, scrub the bowls and urinals to remove deposits and stains and then flush the toilet bowls and urinals. 28.02 Perform the following task prior to commencing the daily task identified in paragraph 27.14: - Wash all windows. 28.03 Perform the following task prior to commencing the daily task identified in paragraph 27.15: - Scrub underneath sink and disinfect. 28.04 Perform the following task prior to commencing the daily task identified in paragraph 27.18: - Disinfect and completely wipe dry all partitions, doors, door frames, metal plates, handles and hinge&, 28.05 Perform the following task prior to commencing the daily task identified in paragraph 27.19: - Scrub and clean all base molding and "hard to get at" areas. 28.06 Use only materials the fixtures being cleaned. 28.07 Clean light fixture 29 . AnIZICATI0,1 - operation that are not caustic or damaging to covers. 29.01 Aerate all turf areas by using a device that removes cores to a depth of two (2) inches at not more than six (6) inch spacing. 30. AEItIZICA2= - Zrequency 30.01 Aerify turf area three (3) times per year from April to November; once every twelve (12) weeks. 31. Zertili:ation - operation and Zrequency 31.01 Turf shall be fertilized with a balanced type commercial fertilizer twice (2) a year during the months of May and September. All fertilizer used shall be inorganic and granular. Rate for each application shall be one pound of actual available SP -19 nitrogen per 1,000 square feet of a balanced type commercial fertilizer. The balanced fertilizer shall be approved by the Director and shall be of a 4-1-2 ratio. In addition to the balanced type commercial fertilization, the Contractor shall fertilize all turf areas with ammonium sulphate during March, April, and July of each calendar year at a rate of one (1) pound of actual available nitrogen per 1,000 square feet and with calcium or ammonium nitrate during November, f December, January of each calendar year at a rate on one (1) pound actual available nitrogen per 1,000 square feet. All turf areas fertilized shall be thoroughly soaked immediately following fertilization. 32. TUX Reseeding - operation and frequency 32.01 Contractor shall once each year in fall, overseed all turf after aerification and overseed all bare spots as needed throughout the remainder of the year to reestablish turf to an acceptable quality. When Contractor reseeds turf he will aerify, renovate or verticut, seed and mulch (spread evenly over the entire area to a uniform depth of 1/4 inch) in this sequence. The Director may require the use of sod when deemed necessary. Contractor shall be entitled to additional compensation for the cost of the sod only provided loss of turf was not due to the negligence of the Contractor. overseeding shall be sown at a rate of five (5) pounds per 1,000 squarefeet n 1 000 sing of are fbare areas shall be sown at a rate of eight (8) poundsP The following seed specifications shall be used for all overseeding and reseeding. Proportion Name Newport Blue Grass 'Pennfine' 211 Rye 26 1/31 951 851 901 851 Lolium Perenne 26 1/31 95% Pennant Rye 26 1/31 951 851 Derby Rye 33. Oeed Control_- Twit - operation and Frequency 33.01 Control turf weeds as needed. Hand removal of noxious weeds or grasses will be required as necessary. 34. D - operation and frequency 34.01 All landscaped areas shall be maintained free of disease and insects that could cause damage to plant materials including but not limited to trees, shrubs, qroundcover and turf. 34.02 The Director shall be notified immediately of any disease, insects or unusual conditions that might develop. 34.03 A disease control program to prevent all common diseases from causing serious damage shall be provided on an as needed basis. Disease control shall be achieved utilizing materials and rates recommenced by a licensed California Pest Control Advisor. SP -20 MIN 't' _i' 35.01 Since water requirements by plants vary according to the season and a particular year, extremely close attention shall be paid to the demands of the plants as influenced by their exposure to sun, wind, shade, and location in the individual planters. The variation in the size of plants installed as well as the varieties, shall be taken into consideration. All landscaped and turf, areas shall be irrigated as required to maintain adequate growth and appearance with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic controllers, and the bleeding of valves. 35.02 Adequate soil moisture will be determined by programming the irrigation system as follows: a. Adjusting and setting of the automatic controller to establish frequency and length of watering period. b. Consideration must be given to the soil conditions, humidity, minimizing runoff and the relationship of conditions which affect day and night watering. This may include day time watering during freezing weather to prevent icy conditions and :manual operation of the irrigation system and/or hand watering with portable sprinklers during periods of windy or inclement weather. C. A soil probe shall be used to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones. 35.03 Watering shall be regulated to avoid interference with any use of the facility's roadways, paving or walks. 35.04 In the areas where wind creates problems of spraying water onto private property or road right-of-ways, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night or early morning hours. 35.05 Irrigation system will be,controlled in such a way as not to cause any excessively wet or "waterlogged" areas which could interfere with the ability to mow all turf. "In lawn" trees and other planting shall be protected from overwaterinq and run-off drowning. 35.06 New turf (up through the sixth mowing) shall be watered immediately after mowing. Well established turf shall not be watered for at least four (4) hours after mowing. 35.07 All groundcover areas shall be watered as needed to maintain a healthy condition, with appropriate care being taken not to overwater in shady areas. 35.08 Contractor shall maintain in an operational state at all times the irrigation system consisting of automatic controllers, risers, and sprinkler heads. All irrigation systems shall be regularly inspected, tested and maintained in accordance with the specifications and frequencies specified herein. 35.09 Should Director deem it necessary for proper irrigation system maintenance particularly with regard to repairs to valves and sprinklers heads, Contractor shall provide, at no additional cost, personnel fully trained in all phases of landscape irrigation systems, SP -21 including but not limited to; the operation, maintenance, adjustment and repair of said systems and their components. 35.10 Contractor is responsible, each year for performing the following tasks: a. Setting, scheduling and monitoring all irrigation controllers. b. Inspecting and reporting of irrigation system C. Adjusting and cleaningaofssprinkler heads. d. Repair or replacement of sprinkler heads having a inlet. e. Locate and document malfunctioning and/or inoperable sprinkler heads having a 3/4" or larger inlet. Remove such heads, and replace same with heads as provided by, and as instructed by, the Director. f. Providing nipples, caps, plugs, elbows, couplings, etc. g. Providing 1" x 1" x ;" inch angle iron, 30 inches in length for supporting risers on slopes and in beds. h. Providing k" worm drive bands for securing risers to stakes. i. Flushing irrigation pipelines. j• Replacement of valve box covers due to normal wear, vandalism and third party negligence. k. Contractor shall confer with the Director regarding the need for replacement or relocation of inoperable sprinkler heads. City may require the Contractor, at no additional cost, to relocate the inoperable sprinkler head(s) to those areas within the facility identified by the Director. 35.11 City is responsible for the following components of the irrigation system as follows: sprinkler heads with a 3/4" inlet or greater, quick couplers, remote control valves, gate valves, automatic controller repairs, and backflow devices. Contractor shall notify Director, of any damaged or inoperable major components identified above, indicating the problem, size and type of irrigation equipment. 35.12 Replacement by Contractor of all irrigation components provided by City to Contractor shall be completed within twenty-four (24) hours upon receiving the component from the City. 35.13 Replacements for the irrigation system shall be with originally specified equipment of the same size and quality or substitut4M approved by the Director prior to any installation thereof. 35.14: Complete piping replacement of the irrigation system is not required by the Contractor. Contractor may be required to replace or repair leaking main and lateral irrigation lines. Said work shall be considered Additional Work and shall be compensated as provided herein- before. 36. EI[ OPESMiT.tTv AND TENTINa - Operation 36.01 In order to insure the operability of the irrigation system, Contractor shall sequence controller(s) to each station manually SP -22 to check the function of all facets of the irrigation system and report any damage or incorrect operation to the Director. 36.02 During the testing Contractor shall: a. Adjust all sprinkler heads for correct coverage, to prevent excessive runoff and/or erosion and to prevent the spread of onto roadways, sidewalks, hard surface areas and private property. b. Unplug clogged heads and flush lines to free lines of rocks, mud and debris. C. Replace or repair inoperable irrigation equipment. d. All system malfunctions, damage and obstructions shall be recorded, reported to the Director and corrective action taken. 36.03 In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. 36.04 Repair/replace malfunctioning sprinkler heads within one (1) watering cycle. 36.05 Correct malfunctioning irrigation systems and equipment within two (2) hours of identification or following verbal notification. 36.06 Control the irrigation system during inclement uFeather conditions and limit the use of water concurrent with the weather situation to the satisfaction of the Director. 36.07 Flushing of the irrigation lines of grit and gravel shall be done by removing the last head on each lateral _and operating the system until those materials are expelled. 36.08 Due to current drought situations, Contractor will shut off all irrigation controllers in the event of rain. The Director may instruct irrigation shut -down, to be accomplished within two (2) hours of notification. 37. IggIGATION SySTIN OVERAZZL.ITY App TBAXMG - Frequency Operation and maintenance of the irrigation system shall receive no less than the following: 37.01 Inspect for operability and proper adjustment of controllers quick couplers, valves, and sprinkler heads; once per week or more frequently if problems/conditions indicate a need. 37.02 Ad just and correct for coverage; as needed. 37.03 Repair and or replace, as determined by the Director, damaged or inoperable sprinkler heads; as needed. months. 37.04 Flush irrigation pipeline; once every four (4) 37.05 Check valve boxes for safety and security purposes; daily seven (7) days per week. 37.06 Schedule controllers; as needed to comply with watering requirements of the premises. 38. BALLFTELD XAXMTZNAWZ M pREpARATION - Operation All ballfield areas within the premises shall be maintained at a SP -23 level that insures a safe playing condition. Said ballfields, including appurtenant backstops, fencing, bleachers and walkways shall be inspected daily and the Director informed immediately thereafter, of any hazardous conditions thereat, or of any supplemental needs therefor. 38.01 3a FreoaraLion -irisia The following progression is necessary to prepare a ballfield for each day's play: a. Water the skinned portion of the infield and then drag and level with a Maxwell Steel Planner Drag or its equal, to break the crust and regrade the infield. b. Home plate, pitchers mound, 1 st, 2nd, and 3rd base areas should be more heavily watered. Home plate and pitcher's mound will receive the heaviest watering. C. The dampened surface material in the above mentioned areas shall be loosened, raked, shaped, and leveled. The surface material that has worked away from these areas must be replaced in the proper area and tamped down firmly. d. All other depressions in the skinned area should be graded level and tamped down firmly. e. The skinned portion of the diamond shall be thoroughly watered with the proper amount of water to provide a suitable condition for dragging. As a rule, the appearance of small water bubbles should indicate sufficient watering. In the watering of the diamond, the correct procedure is to water away from the body with the hose to the, rear. Do not walk on the watered areas. As the field dries, check the condition at which it g. can be dragged while cleaning and washing down dugouts, bleachers, concrete pads, and walks around the diamond. Make sure that the runoff from this operation does not create. hazardous or unplayable conditions in the area. h. Said drag, similar to a metal foot scraper constructed of heavy interwoven metal squares, is used to provide a finished surface. i. After smoothing the surface with the drag mat, small pebbles and other debris, shall be removed. J. Make sure that the base pegs, pitching rubber, quick 1 ha ds are couplers, valve box covers and sprink er e visible. 38.02 On-going Maintenance Operations a. the berm buildup that is created from play and the dragging operations shall be regularly raked level to insure a smooth transition between the skinned portion of the infield and the grass portion of the outfield. b. Turf and weed encroachment shall be prevented within the skinned portion of the ballfield. C. A smooth line shall be kept between the turf grass SP -24 and skinned portion of the ballfield by either mechanically edging or chemical application. d. Seasonally excessively wet diamonds may require the working of the skinned area until it is dry enough to prepare for play. Acceptable techniques shall be utilized to provide a playable diamond. e. A soil sterilent or herbicide shall be applied under all fencing that does not have concrete mow strips. 38.03 Scheduling of Maintenance Operations a. Ballfield shall be prepared daily, seven (7) days per week. 38.04 In the event that Contractor elects to use power equipment to complete such operations, Contractor shall be subject to local ordinances regarding noise levels. Further, any schedule of such operations may be modified by Director in order to insure that the public is not unduly impacted by the noise created by such equipment. 39. BALLFIELD PREPARATION AND MAINTMANCE - Frequency 39.01 Inspect for safety, and litter and debris removal: seven (7) days per week. 39.02 Preparation for recreation use: seven (7) days per week. 39.03 Ballfield on-going maintenance: once --per month or more often as determined by the Director. 40. RODENT CONTROL - operation 40.01 All areas shall be maintained free of rodents including but not limited to gophers and ground squirrels causing damage to turf, shrubs, groundcover, trees and irrigation system. 41. RODENT CONTROL - Frequency 41.01 Inspect for evidence of rodents and control as necessary; once per week. 42. DRINKING YOUNTAIN NAZNTENANCE - Operation and Frequency 42.01 Contractor shall maintain all interior and 'exterior drinking fountains by performing the following operation: a. Drinking fountains shall be cleaned and disinfected daily, seven (7) days per week. b. Leaking fixtures, clogged or stopped up drains and damaged fountains that cannot be repaired by tightening the fixture to stop the leak, or unclogged by using a "plumber's helper" or a short snake to clear the drain shall immediately be reported to the Director orally and thereafter in writing. For leaking fixtures the water valve shall be turned off. SP -25 42.02 City shall be responsible for the repair or replacement of drinking fountains and fixtures. Additional compensation may be authorized, at the discretion of the Director, for the Contractor to perform said work. 43. EXTERIOR BQILDIN MAINTISNANns - Operation and Frequency 43.01 Inspect and replace burnt out security lights; Daily, as needed. 43.02 Clean, scrub fixtures and disinfect top and sides of drinking fountains outside of building and clear drains; Daily, seven (7) days per week. 43.03 Remove graffiti using graffiti removal materials or paint when applicable; Daily, seven (7) days per week. 43.04 Clean storage rooms and outside compounds; Once per week. 43.05 Hose off appropriate areas of building walls and adjacent shrubbery; once per month. 43.06 Clear all rain gutters; once per month. 44. INTERIOR BUILDING MRINTIM"CE - Basic operation - 3 days per meek. 44.01 Pick-up debris, trash, and remove cobwebs and other foreign materials from doors, walls, ceilings, 44.02 partitions, vents, etc. Dust counter tops and other horizontal surfaces. 44.03 44.04 Remove, empty, clean and disinfect all trash receptacles. 44.05 Stack chairs on tables and clear floor area. Inspect and replace burnt out lights and tubes. 44.06 Remove all graffiti using graffiti removal materials, scrubbing techniques or paint when applicable. 44.07 plates and Clean doors, door frames, light switch, kick and push handles. 44.08 Clean and disinfect top and sides of drinking fountains and scrub and dry fixtures. 44.09 and around Sweep and dust mop floors taking care to clean corners obstacles. 44.10 40.11 Spot mop around entry ways and all stains and spills. Replace chairs, tables 44.12 and containers, etc. Deodorize Room. 44.13 hazards. Immediately notify Director of any irregularities or 44.14 film, debris, All areas shall be left clean and free, streaks, stains, water spots and odors. 44.15 Vacuum all carpeted areas. 45. PARK RITCRIN MAT Nns - Operation and Frequency 45.01 All operations shall be performed daily prior to scheduled activities: a. Damp clean and sanitize table tops, seats and backs of chairs and pedestal, or legs. b. Empty, clean and sanitize all trash containers. SP -26 c. Wash and sanitize all walls, splash boards; cupboard doors, stoves, dispensers, refrigerators and other appliances. d. Clean and sanitize stoves, ovens, other appliances, and food preparation surfaces. Note that special care is to be taken in the selection of products used in the food preparation areas. e. Thoroughly mop and disinfect floors, taking care to clean corners and around other obstacles. f. Inspect and refill all dispensers. 46. JENTARIOR BUILDING KAINTZNANCE - periodic Operations and Frequencies 46.01 Damp clean ash trays; Once per week. 46.02 Wash all windows and glass doors; Once per week. 46.03 Dust and disinfect all telephones, once per week. 46.04 Dust venetian blinds; Once per week. 46.05 Machine buff resilient floors; Once per week . 46.06 Strip, clean, refinish and machine polish (Director shall approve the type of non-skid wax) resilient floors; Once per month. 46.07 Park Activity/Meeting Rooms and Offices a. Thoroughly mop floors, taking care to clean corners and around obstacles; twice per week on Mondays and Fridays. b. Clean and disinfect all furniture including desks, chairs and tables; Once per week. C. Dust all exposed cabinets, book cases, shelves and legs; Once per week. 47. SLOPES - operation Contractor shall maintain all slopes as graded, and shall keep slopes and edges at the established true, even grades by performing the hereinafter specified operations and all other work incidental thereto. 47.01 Remove all litter and debris from all developed, and irrigated slope areas, with particular attention to the area beginning at the toe -of -slope and proceeding 10 feet up the slope. Should any debris be present thereby creating a fire hazard such debris shall be removed immediately . 47.02 Contractor shall keep the irrigation systems operational and controlled at all `times so as to insure the survival of all plant materials. 47.03 Cut weeds just above the soil line, with equipment approved by the Director, keeping the root structure and stubble viable and in place at all times in order to keep the slope stabilized. 47.04 Spray slopes with a non -staining herbicide in areas within parks as required by Director. 47.05 In the event that such areas exists, a five (5) foot barrier shall be maintained, clear and weed -free, between homeowners property and the slope plant materials. SP -27 47.06 Contractor is not responsible for maintenance to undeveloped and natural slope areas. Such areas are defined as non -irrigated and generally inaccessible. 48. sLOPEB - Frequency 48.01 Remove litter and debris, 10 feet up from toe -of -slope; daily. 48.02 Remove litter and debris from other developed slope areas; once per week. 48.03 Maintain five-foot barriers; as needed. 48.04 Spray and remo:•e weeds; once every two months. 49. wAL1C8 AZ1D TRAILS Operation Contractor shall keep non -concrete walks and trails free of hazards and litter, and shall maintain the prescribed access routes by performing the hereinafter specified operations and all other work incidental thereto. 49.01 Wood chip, crushed rock, and other types of walkways and trails shall be kept clear for pedestrian and/or vehicular traffic. All weeds and plant materials shall be cut back to maintain clear access through such areas. 49.02 Any restrictive posts or barriers shall be maintained in an operable state. 49.03 Clear for litter and debris. So. WALKS AND TRAILS - Frequency 50.01 Areas kept clear for access: once per month. 50.02 Posts and barriers: as needed. 50.03 Litter and debris: once per week. 51. SHALES AND DRKXNS - Operation Contractor shall maintain all swales and drains in an operable condition, and free of siltation and debris so that water will have an unimpeded passage to its outlet, by performing the hereinafter specified operations and all other work incidental thereto. 51.01 Swales shall be inspected and kept clear of all silt, debris and litter. 51.02 Drains and collection boxes shall be cleaned and cleared of all debris. 51.03 Drain grates shall be inspected to restrict hazards. Contractor shall immediately inform the Director of any broken or missing grates, and secure same to keep the area safe for public use. SP -28 S2. SHALES MW DAMNS - Frequency 52.01 Swales; inspection and clearance: once per month. 52.02 Drains; cleaned and cleared: once per month. 53. Peterson Park and Paul C Grow Park - Special Needs - Operation and Frequency 53.01 Peterson Park and Paul C. Grow Park suffer from compacted clay soil under the athletic field surface. The following special program is required for these locations: a. Applicati-n of year. b. Aerification of per year. C. Application of entire area to additional time wetting agent four (4) times per turf an additional three (3) times mulch over turf (spread evenly over uniform depth of 1/4 inch) one (1) per year. 54.01 The American Flag is to be raised over each park equipped with a flag pole Monday thru Friday at time of restroom opening. 54.02 The flag is not to be raised on weekends, city designated holidays or on days of inclement weather, as determined by the director. 55. Diversion of Orcanic materials from landfills - operation and Frequency 55.01 Contractor shall divert all organic material (i.e. grass clippings, tree trimmings) from being- disposed with regular refuse. Contractor shall, to the extent feasible, utilize acceptable techniques (i.e. grasscycling, composting) as approved by the Director, in the diversion of all organic materials from landfills. 55.02 Diversion shall be completed on an on-going basis. III. SEASONAL SPECIALTY TASKS The. following Seasonal Specialty Tasks are to be performed at the request of the Director for which the Contractor will be compensated per the identified cost rate as shown on Bid Sheet. For those costs not provided for elsewhere; Contractor shall submit an estimate in accordance with Section four (4) of the Specifications. SP -29 56. 88RUB Anp Tana CARE/PRUNING - Operation 56.01 Tree pruning shall be performed with the intent of developing structurally sound trees, symmetrical appearance with the proper vertical and horizontal clearance as follows: a. All trees shall be trimmed, shaped and thinned. SP -29 b. All dead and damaged branches and limbs shall be r e m o v e d a t t h e p o i n t o f breaking. C. All trees shall be trimmed to prevent encroachment on private property. 56.02 Prune shrubs to encourage healthy growth habits and for shape in order to retain their natural form and proportionate size. Restrict growth of shrubbery to area behind curbs and walkways and within planter beds by trimming. Under no circumstances shall hedge shears be used as a means of pruning. 56.03 Pruning Procedures a. All cuts shall be made sufficiently close, flush if possible, to the parent stem so that healing can readily start under normal conditions. b. All limbs 1k" or greater in diameter shall be undercut to prevent splitting. C. All limbs shall be lowered to the ground using a method which prevents damage to the remaining limbs. d. All cuts exceeding k" shall be treated with an appropriate tree heal compound. e. All equipment utilized shall be clean, sharp and expressly designed for tree pruning. f. Climbing spurs shall not be used. 56.04 prunina Criteria a. The initial step of pruning shall be the removal of all deadwood, weak, diseased, insect infested and damaged limbs. ' b. All trees shall be pruned for vertical and horizontal clearance. Such clearances are: seven feet (71) for pedestrian areas and; walkways; fourteen feet (141) for vehicular roadways. C. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline. Limbs should extend alternately from the trunk on 12" or 24" spacing. d. All trees shall be thinned of smaller limbs to distribute the foliage evenly. e. All trees shall be trimmed and shaped to provide a symmetrical appearance typical of the species. f. All suckers and sprouts shall be cut flush with the trunk or limb. g. No stubs will be permitted. 56.05 All structural weaknesses such as split crotch or limbs, diseased or decayed limbs, or severe damage shall be reported to the Director. SP -30 56.06 Special emphasis shall be placed upon public safety during pruning operations, particularly when adjacent to roadways. 56.07 All trimming and debris shall be removed and disposed of offsite at the end of each day's work. 56.08 All trees which are downed by either natural or unnatural causes shall be removed and disposed offsite. Where possible stumps shall be removed to 12 inches below grade and wood chips removed and hole backfilled to grade. 57. COLTIVATIM - operation 57.01 Cultivate beds and planter areas to ensure a neat appearance using appropriate equipment designed to loosen the soil to a depth of three (3) inches. Care shall be taken so as.not to disturb plant materials, or their roots in accomplishing this operation. S8. n*NOVATION/VLRTICAL KOWINe - operation 58.01 Care shall be taken to avoid unnecessary or excessive injury to the turf grass. 58.02 Sweep or rake the dislodged thatch from the turf areas and place in appropriate trash bin(s). 58.03 Standard renovating or vertical mowing type equipment shall be used. 58.04 Vertical Mowing -Turf Vertical mow to remove thatch in turf areas, to encourage healthy growth and to maintain acceptable appearance. 58.05 Renovation -Turf. a. Renovate to the soil line and remove all excessive thatch in turf area. b. After thatch is removed and upon completion of turf renovation all turf areas shall be overseeded, mulched and watered. C. Areas to be oversekded will be seeded utilizing blends or mixtures at: the rate application recommended by the Director. d. Mulch shall be spread evenly over the entire area to a uniform depth. 59. PLANT lWagIALs - operation 59.01 Plant materials shall conform to the requirements of the Landscape Plan of the area and to "Horticultural Standards" of American Association of Nurserymen as to kind, size, age, etc. Plans of record and specifications should be consulted to insure correct identification of species. Plant material larger than those specified may be supplied if complying in all other respects. 59.02 Substitutions may be allowed but only with prior written approval by the Director. 59.03 Nomenclature - Plant names used in the landscape plan of the area conform to "Standardized Plant- Names" by American Joint Committee on Horticultural Nomenclature. In those cases not covered therein, the custom of the nursery trade shall be followed. SP -31 59.04 4uality a. Plants shall be sound, healthy, vigorous, free.from plant disease, insect pest or their eggs, and shall have healthy normal root systems and comply with all state and local regulations governing these matters, and shall be free from any noxious weeds. b . All trees shall be measured six ( 6 ) inches above the ground surface. C. where caliper or other dimensions of any plant material are omitted from the Plant List, it shall be understood that these plant materials shall be normal stock for type listed. They must be sturdy enough to stand safely without staking. d. Shay* and Form - Plant materials shall be symmetrical, and/or typical for variety and species and conform to measures specified in the Plant List. e. All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to quality by the Director. 59.05 Plant Materials Guarantee - All shrubs shall be guaranteed to live and remain in healthy condition for no less than thirty (30) days from the date of acceptance of the job by the Director. IV. SPECIFIC RLQDIREKZNT8 The following requirements are specifically designed to provide for a complete maintenance program for the City of Diamond Bar Parks. 60.01 City shall supply Contractor with the following materials for which the Contractor will provide the labor at no additional cost to City: a. Paint for graffiti removal, and when applicable, materials for specially treated surfaces. b. Paper products for all restrooms. C. Light bulbs and tubes for interior and exterior lighting of park buildings and restrooms.. d. Fifty-five (55) gallon trash containers, forest green paint, and city decals for trash containers. e. American flags. 61.01 City may develop an initial chain and lock system with a specified number of replacement locks for trash containers, restrooms, gates, and valves/pumps cover boxes during the term of this agreement. SP -32 Contractor shall be responsible for purchasing similar locks upon loss of any City -owned provide Contractor locks initially provided to Contractor. City shall on a one for one exchange, locks that have been vandalized or are inoperable. 61.02 Key Control a. Contractor shall be responsible for the series of keys assigned to them and will in turn assign these keys to their personnel for use in maintaining this facility. b. The Contractor will be held responsible for the proper use and safe keeping of all keys issued by the City to the Contractor. C. Contracto*- shall report all lost or stolen keys to the Director within twenty-four (24) hours of discovery of the loss. Contractor reimburse the City for the cost as determined by the Director of rekeying the facility or duplicating additional keys. d. Upon termination, cancellation or expiration of this Agreement all keys received by the Contractor shall be returned to the Director. e. California law stipulates that it is unlawful for a person to duplicate any keys without the permission by the owner. The penalty for violation of this law is either six (6) months imprisonment or a Five Hundred Dollar ($Soo.00) fine or both. SP -33 1. 2. 3. 4. 5. 6. 7. 8. EXHIBIT "A" CITY OF DIAMOND BAR PARKS Peterson Park - 24142.East Sylvan Glen Drive Heritage Park - 2900 Brea Canyon Road Ronald Reagan Park - 2201 South Peaceful Hills Road Maple Hill Park - 1309 South Maple Hill Road Starshine Park - 20838 Starshine Road Paul C. Grow Park - 23305 Qual Summit Drive Summitridge Park - 1425 Summitridge Drive Sycamore Canyon Park - 22930 Golden Springs Drive SP -34 Thomas Guide 94 B-5 97 D-5 97 C-4 97 E-3 97 C-4 97A A-3 97A B-3- 97 F-1 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. V 7 3 TO: Terrence L. Belanger, City Manager MEETING DATE: August 2, 1994 REPORT DATE: July 28, 1994 FROM: Bob Rose, Director of Community Services TITLE: Extension of contract for weed control/sidewalk and parkway maintenance. SUMMARY: At its meeting on September 21, 1993, City Council awarded a contract to Landscape West, Inc., in the amount of $54,742, for city-wide weed control/sidewalk and parkway maintenance in Diamond Bar. The first year of the contract began on October 1, 1993 and continues through September 30, 1994. The contract allows the City Council to extend the contract on an annual basis, if an extension is deemed to be in the best interest of the City. After a year of servicing this contract, Landscape West, Inc. has proven that they can satisfactorily perform the specifications of the contract. Staff feels the annual cost for this service of $54,742 is very competitive. This bid was almost $13,200 (24.1%) lower than the next lowest bid, which was $67,940.01. There is $65,000 budgeted in the 1994/95 fiscal year budget for'weed control/sidewalk and parkway maintenance. (Continued on back) LIST OF ATTACHMENTS: EXTERNAL DISTRIBUTION: _ Staff Report _ Resolution(s) Ordinances(s) X Agreement(s) Public Hearing Notification X Bid Specifications (On File In City Clerk's Office) X Other: Letter of Agreement Bid lilts 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? Majority 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 VEWREB ; L. JBenger City Manager X Yes No _ Yes -i No Yes X No Yes X No departments: — Assistant City Manager Community Services Director c:\NP60\IINDAKAY\AGENDA-9\treeMAIN.BOB RECOMMENDATION: It is recommended that the City Council approve the extension of the contract with Landscape West, Inc. for weed control/ sidewalk and parkway maintenance in Diamond Bar for fiscal year 1994/95 in an amount not to exceed $54,742 and authorize the Mayor to sign the attached letter of agreement. c:\WP60\LINDAKAY\AGENDA-9\treeMAIN.BOB 7iL-26-'9+1 TW 14:32 ID. -CITY LF DlAr3%W " It6. NU:'914-tlb1-J11Y z1Ww=COYmmb3t=100 7 July 3s, 1994 Dan Jensen, vias-Aresident bandweaps Meeh =no. 17091 i. Claudlfaa Nay Ambalo, ad lases pu ( r0i Am We" control/OldommIk am4 Parkmay i6aiatessme Contraot Dear Kr. J'aneenr Par our recent telephone conversation, the City of DiammA Dar is interested in extondinq the Nod Control/aidevalk and paflrkvay NaLptenw-ce Contract With r andscepe Mat Inc. from Octolpa>r i, 1994 through September 30, 1995. The contract will r amain the same amount as the 1993/94 contract, $54,742. powlay s ow : of this GURU -act extension by Dism" d oar City Council at Its August 3, 1994 aestinq, a 0Vd4V in the amewrt rot to emosed $54,742 will be processed mad torWarded to iifnoare»Y, Bob Use, Director Ca■mmity services oep"It ent By *LIPS belor, the parties agree to the abomw texas. zat Cited 0iWkWA earSte tmnascapr Wo t Inc. CW? H. 7YWmr MW CWr W. Hang" F.i M R At11Me! m"W ft Tipp Co %W ImMmy"m coadbuRew mea CO 3SYd 1S3M 3cNosa Rf1 9GLE166PTL 60:DT 066T/8Z/L0 CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: _ September 9. 1993 11.00 a.m. PROJECT NO.: Weed Abatement/Sidewalk and Parkway Maintenance BIDDERS NAME BID BOND BID AMOUNT ,x23, /.2 /n 70 J,/,P- _4, , nn V. M af, ON I I- r ELASMus 60 .s'N; '7N h 60 CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, SUITE 100 DIAMOND BAR, CA 91765 81?2c13FZChT1 8 r0a wl1D COWROL/2122WALR AND PARMY XJUN Maven Name of Bidder (Company) Landscape West. Inc. By nate Tansan Vice President (Name) (Title) Bidder's Address 1705 S. Claudina Way City Anaheim Zip 92805 Telephone / (714)991-1705. Fax (714)991-3796 Data September 8. 1993 item Description/ unit go. units 191e2 Rer price NOmthl_Ce= Annual - 1. Tree Well Maintenance 1,436 each x 1.00 each x 12 no. S 17232.00 2. Sidewalk Maintenance 38.1 miles x 20.00 pr mile x 12 mo. S 9144.00 3. Undeveloped Parkway 16.9 miles x 100.00 per mile x 12 no. S ,220,208_ 0- 0 4. Service Medians 10,440 1. f . * x • 02 oar 1. f . + x 12 no. S 2505.60 S. Cul -de -Sacs 4 each *Linear Feet x 75.00 each x 12 mo. S 3600.00 Total Annual cost in Figures: �1CtI.f00 952.689.60 Total Annual Cost in Words: Fifty two thousand six hundred eighty nine dollars and 60/100 aIwag= a 2THAa The un declares that he has read the teras and conditiofr #W the goods and services listed herein and agrees to furnish to.ths City or Diamond Bar said requirements in strict conformity to the specifications thereto. Company Landscape West, Inc. Address 1705 S. Claudina Way, Anaheim CA 92805 By/Title Dan Jensen Vice President (Au prized Siqnature) (Title) Fax 1 (714)991-3796 BS - 1 BID ALTERNATE #1 SCHEDULE OF PRICES FOR WEED ABATEMENT/SIDEWALK AND PARKWAY MAINTENANCE IN THE CITY OF DIAMOND BAR BID ALTERNATE #t1 Item No. Description/ Units 1• Removal of weeds growing in the joint between street asphalt and cement along street gutters and along dividers in mapped areas. Unit Price (Once Per Month) Annual C.st 55 miles x 3.00 per mile x 12 months S 1980.00 - Award will be based on base bid, or on the base bid and the Bid Alternate, whichever is determined to be in the best interest of the city. t, 1 aeu� 9-8-93 Signature rast of Conty Date Dan Jansen, Vice President Landscape West, Inc. BID ALTERNATE - BS -2 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 LANDSCAPE WEST, INC. 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 LANDSCAPE WEST, INC. and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment and material for Weed Control/Sidewalk and Parkway Maintenance 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 provision of maintenance services as set forth in the specifications for Weed Control/Sidewalk and Parkway Maintenance 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 a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of contract. This agreement shall take effect and commence on October 1. 1993 for a period of twelve (12) months. b. The City shall have the option to extend this agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving the contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all: times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accord- ance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers, compensation or to undertake self insurance in accordance 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 sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in a form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor -is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. 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 pre- vailing rate of wages hereinbefore stipulated for any work done under the attached contract,,by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. 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 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 sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. S. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor. Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or account- able in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor, of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful mis- conduct of City, its employees, servants or independent contrac- tors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work,• operation,"or activities of the Contractor,.his agents, employees, subcontractors or invitees pro- vided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation or activities of the Contractor hereunder, the Contractor agrees to pay to City and any all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. 10. NON-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: Except where additional compensation is specifically provided for in this Agreement, City will pay contractor for his services under this Agreement set forth in Bid Sheet, one month in arrears, on the last day of the month, or as soon thereafter as payment is approved by the City Council. Conract Price: $ 54,742. In the event the City exercises its option to extend the term of this Agreement as provided in paragraph 3.b., Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: The compensation provided herein shall be adjusted to reflect the increase, if any, in the cost of living during the previous year. This will be accomplished by multiplying the current level of the contractor's compensation by the percentage of increase in the Consumer Price Index ("CPI") for the month immediately preceding the Adjustment Date (the "Index Month") over the CPI for the month one year prior to the Index Month. The "CPI" index that will be used for this calculation is identified as the Los Angeles -Anaheim -Riverside Metropolitan area Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. 417109 September 14, 1993 Date APPROVED TOS ORM:' By: Date 1705 S. Claudina Way Anaheim, CA 92805 By:,�� Tule Barry L. Konier', President Title CITY OF DIAMOND BAR.,�FORNIA By: By Clerk Contractor's Business Phone: (714)991-1705 _ Emergency Phone at which Contractor May be reached at any time: (714)991-1705 CITY OF DIAMOND BAR / AGENDA REPORT AGENDA NO. V 7•G TO: Terrence L. Belanger, City Manager MEETING DATE: August 2, 1994 REPORT DATE: July 27, 1994 FROM: Bob Rose, Director of Community Services TITLE: Extension of contract for graffiti removal. SUMMARY: At its meeting on May 18, 1993, City Council awarded a contract to Graffiti Control Systems, in the amount of $16,590 ($30 per site), for supplemental graffiti removal in Diamond Bar through June 30, 1994. The contract allows the City Council to extend the contract on an annual basis and adjust the quantity of work to serve the best interests of the City. There is $30,000 budgeted in the 1994/95 fiscal year budget for graffiti removal. Limiting the contract with Graffiti Control Systems to a maximum of $20,000 will allow for graffiti removal by the San Gabriel Valley Boys Club up to a maximum of $10,000. RECOMMENDATION: It is recommended that the City Council approve the extension of the contract with Graffiti Control Systems for graffiti removal in Diamond Bar for fiscal year 1994/95 in an amount not to exceed $20,000 and authorize the Mayor to sign the attached letter of agreement. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification _ Resolution(s) Bid Specifications (On File In City Clerk's Office) Ordinances(s) X Other: Letter of Agreement X Agreement (s) Bid Results EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? YesX No 4. Has the report been reviewed by a Commission? _ YesX No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REV EjB ,: A�I�Zoe-N � 1 Te rence L. Be nger Frank M UsheIV 13rob'Rdise City Manager Assistant City Manager Community Services Director c:\WP60\LINDAKAY\AGENDA-9\treeMAIN.BOB CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 2, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Extension of Contract for Graffiti Removal ISSUE STATEMENT: Shall the City Council approve the extension of the graffiti removal contract with Graffiti Control Systems, for the 1994/95 fiscal year in an amount not to exceed $20,000. RECOMMENDATION: Staff recommends that City Council approve the extension of the graffiti removal contract with Graffiti Control Systems for the 1994/95 fiscal year in an amount not to exceed $20,000. FINANCIAL SUMMARY: Graffiti removal is budgeted in the 1994/95 fiscal year budget for $30,000. A $.20,000 contract with Graffiti Control Systems will allow for up to $10,000 of graffiti removal by the San Gabriel Valley Boys Club. BACKGROUND: In response to a growing graffiti problem in Diamond Bar, City Council awarded a contract to Graffiti Control Systems on May 18, 1993, to supplement the graffiti removal efforts of the San Gabriel Valley Boys Club: The contract agreement allows for annual extensions, with a possible C.P.I. adjustment, if agreed to by the City. Graffiti Control Systems has agreed to forgo a C.P.I. adjustment for the 1994/95 fiscal year. Graffiti has leveled off in Diamond Bar, and a $20,000 contract will allow for a similar amount of graffiti removal efforts by Graffiti Control Systems in 1994/95 as were performed by them in 1993/94. DISCUSSION: Graffiti Control Systems has performed graffiti removal services at over 660 sites in Diamond Bar on 18,375 square feet of surface space over the past year. Staff has not received any complaints on their services, and is very impressed with the professionalism of the removal services provided. There are several advantages to continuing this contract with Graffiti Control Systems, including: 1. Graffiti Control Systems is a professional graffiti removal company. They use a variety of methods to remove graffiti, ie: chemical blast, solvent, dry blast, steam cleaner, and, when paint over is necessary, the use of computer matched colors. 2. They do not use "blocks" of mis-matched paint to cover graffiti. The only "blocks" of paint are left by the Boys Club. Graffiti Control Systems computer matches the paint color, and this process leaves no "blocks." 3. If City Council desires, Graffiti Control Systems will go into the community and paint over any existing "blocks" that were left by other graffiti removal efforts, for the same cost as regular graffiti removal. 4. Graffiti Control Systems have a toll fee hotline telephone number for reporting graffiti. 5. Calls are usually handled by a live operator, not a message machine. 6. Most removals are completed within 24 hours of the reporting of graffiti. 7. After providing a year of service to the community, Graffiti Control Systems in now familiar with the City, and its harder to find graffiti locations, resulting in faster service, and fewer call backs. 8. Continuing with the same contractor means continued use of the same toll-free hotline. Residents already have this number, and the more people reporting graffiti means the faster it gets removed. PREPARED BY: Bob Rose Community Services Director HEEEiYED 07i�, PACS 01 07/27/1994 16:05 816-7642516 GRAFFITI CONTROL SYS .- .._. ;�n_-c,- -a wtL io:bJ iL'Llir Uh U1l-P L) 8AR TEL HOs714-861-3111^ UZI- FL -2 21600 BAST COPLay Dales • SUM 100 nIAMM W », G917W 4177 9ov4W2W • !Ax 90D` 3-3111 July 24, 1994 Barryy Moods, f esident Graffiti Control system 131i& iatiee7 atrNt North Hollywood, CA 91405 gas srattist ltare11a1 Oostrast Dear Mr. wends$ per out recent tole no conversation, the city or Diaxond sar is interested in extending the graffiti removal contract with Graffiti Control systems frm July 3, 1994 through June 30, 1995. The oontraet will retain the unit price contained in your proposal dated March 5, 1997, vhich is $30.00 per site. Basad on the number of removal reoests eaaplated by Graffiti control system durLnq the 1993/94 contract term, it is sstiutad that there will be se6 removal situs dulrine 1994/95. C0,1001eted at 030.00 per site, the city or Diaeond ear estimates the vacua of the &994/93 contract to be $10,000 - Pending approval of this aoatr&ot amount by Diasend gar City Council at its August 2, 1994 seating, a purchase order in the amount not to exceed $20,000 will be processed and forwarded to You$ sinearely, bob floss, Director eosmunity setvices Department by signirq below, the parties agree to the above terms. a a Mor y of Diamond bar fir tit control Bystess Gary H. V*MU CWT W. Hammy RUMn L Mrd Gary 0. MUW PhyW8 u Malar Mayor Pro Tan Coww8wa ober COWAUmaabar Iran ;6 I%M 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 Graffiti Control Systems 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 from Contractor Graffiti Control Systems and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for graffiti removal in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for graffiti removal in the City of Diamond Bar. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in -full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require complete and finished work for each removal assignment 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 a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to 15 complete the work of each removal assignment within twenty- four hours of assignment. The bidder agrees further to the assessment of liquidated damages in the amount indicated in item 6 of the attachment for assignments that remain incomplete beyond the scheduled completion time. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, anO,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. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 16 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, it 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 of a registered letter." 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is 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 . 17 general prevailing rate of per diem wages for work of a similar character in -locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, 21660 E. Copley Drive, Suite 100, Diamond Bar, California., and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices and 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 ipproval. The certificate will also fix the ration of apprentices journeymen that will be used in performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the -request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show it is replacing at least 1/30 of its membership through apprenticeship training on a 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 administration of apprenticeship 18 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 177Z.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any, loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or 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, 19 obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgement rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, 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 City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees.. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may -be retained by City until disposition has been made of such action or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated March 5, 1993. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least ten (10) days prior to the date of termination specified in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California GQ86� Contractor's License No. Date APPROVEDS TO RQRM City Attonii4y Date By: T' le Ssyrk Title CITY OF DIAMOND BAR, C FORNIA By: Mayor By: City Clerk Contractor's Business Phone (800) 794-7384 or (818) 982-8480 Emergency Phone at which u / ctt2-44 iu G` Contractor can be reached at any time l 1 21 CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, #100 DIAMOND BAR CA 91765 BID PRICES FOR THE REMOVAL OF GRAFFITI IN DIAMOND BAR Name of Bidder (Company) By (Name) (Title) Bidder's Address \ J\\5:� 5�kt_61�_ City Zip gi(Orz.),fs Telephone # �g4 -t3a4 Fax # Date I XW_�A 5 P)u5, 0;(3) qsz- � Planned Method(s) of Graffiti Removal. List all removal techniques that will be utilized to remove graffiti under the bid for the price listed below: Paint over with similar colors (light/dark) ✓ Paint over with matching colors (eyeball) Blend colors with computer, then paint over (high tech) ✓ High pressure water Cold High Pressure Water - Hot (steam clean) Pre -treat with sacrificial coating, remove graffiti, then re -apply sacrificial coating D.ry or Wet blast (i.e. sand, sponge, walnut shell, / bicarbonate) ✓ Solvent or chemical remover Other removal techniques you plan to use (please list): **PLEASE NOTE - If City Council deems it in the best interest of the City, bid may be awarded solely on the basis of removal technique of contractor. 25 I. Monthly Retainer $_,9 x 12 months = $ 0(,4)Q (If applicable - If not applicable, write in the word NONE) II. Small Sites $ 202)(�-'Q per site x 177 sites/year average = $ (10 sq. ft. or less at site - 32% of sites are less than 10 sq. ft.) III. Medium Sites $ dD per site x 326 sites/year average = 00 (11 sq. ft. to 150 sq. ft. at site - 59% of sites are 11 to 150 sq/ ft.) IV. Large Sites $ W per site x 50 sites/year average $ (151 sq. ft. or over at site - 9% of sites are over 151 sq. ft.) - The largest single removal site has been 940 sq. ft. Total Bid (Annual costs) SIGNATURE AND TITLE: The undersigned declares that he has read the terns 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 Address By/Title Fax # L. � 26 S CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: March 18, 1993 - 11:00 a.m. PROJECT NO.: Graffiti Removal BIDDERS NAME BID BOND BID AMOUNT ��a � • ,�..- a . I: .• Kfj 1 t19 6,91.06 BID PACKAGE FOR THE REMOVAL OF GRAFFITI WON1011 CITY OF DIAMOND BAR City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 (909) 860-2489 CITY OF DIAMOND BAR 21660 E. Copley Dr., #100 Diamond Bar, California 91765 (909) 396-5694 NOTICE IS HEREBY GIVEN that sealed proposals will be received at the office of the City Clerk at the above address until Thursday, February 25, 1993 at 11:00 a.m. for the removal of graffiti in Diamond Bar. Said bids will be publicly opened and read aloud at that time, or as soon thereafter as practicable. Considered bids will be tabulated and presented to the City Council at its next regularly scheduled meeting, or, if necessary, at the earliest next available meeting date. The City Council of the City of Diamond Bar reserves the right to reject any or all bids. 2 1. Responsibility to obtain and submit quotations on City Bid Form will be that of the contractor. 2. Please read entire bid carefully prior to submission. All deviations and exceptions to the specifications must be shown on the bid sheets. 3. Mark sealed envelope containing your quotation in lower, left corner as follows: Name of Bidder Title of Bid Graffiti Removal In The City of Diamond Bar Opening Time & Date Thursday, Februa y 25 1993 at 4. Bids received after time and date of Bid Opening will be returned to addressor unopened. 5. The City reserves the right to reject any or all quotations and shall not be required to make a statement of the reason for rejection. 3 CITY OF DIAMOND BAA 21660 E. Copley Dr., #100 Diamond Bar, California 91765 1. ENVELOP]! LABELING: Bids must be submitted in sealed envelopes, showing on the outside: the name of the bidder, title of the bid, the opening date and time 2. BID a M18SIONs Submission of a signed bid shall be interpreted to mean that bidder does agree to and has accepted all of the terms and conditions set forth in all the pages which make up the bid advertisement. 3. SPECIFICATION INTERPRETATIONS Whenever a question as to the meaning of any portion of this specification is in dispute or where there may be more than one interpretation given to any portion of the specification, the interpretation by the City of Diamond Bar shall be final. 4. RESPONSIBLE BIDDER: The City of Diamond Bar reserves the right to reject the bid of any bidder(s) who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the bid of a bidder who is not in a position to perform such a contract satisfactorily. The City expressly reserves the right to award the contract to the bidder that best meets the requirements as set forth in the specifications. 5. LATE PERFORMANCE PENALTY EXCEPTIONS: The successful bidder shall ba excused from performance hereunder during the time and to the extent that they are prevented from performing in the customary manner due to inclement weather or national holiday, where satisfactory evidence thereof is presented to the other party providing it is satisfactorily established that the non-performance is not due to the fault or negligence of the party not performing. 6 LATE PERFORMANCE PENALTIES: For late performance not excusable under paragraph 5, the City reserves the right to assess the contractor liquidated damages. The parties agree that it is impracticable or extremely difficult to determine the actual damages to the City for late performance of 4 services in this contract and that the following percentages Of the price of the service performed late shall be deducted from final payment as liquidated damages for such delay: CITY WORKING DAYS LATE TOTAL PERCENTAGE DEDOCTED One Day Two Days 10$ 10% Three Days Four Days 50$ Five Days or More 75$ 100$ 7. To Racmrve sPECT1Tr�fe�IONB The work is to be done in accordance with the 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 specifications will be furnished upon application to the City of Diamond Bar. 8. COST O1� MAtLTvn. Upon written request of the specifications will be mailed when said bidder, copies est is accompanied by payment of $5.00 to cover the cost of mailing charges and overhead. 9. PROP . Each proposal shall be accompanied by cash or by a cashiers,or certified check or by a bid bond in the amount of not less than ten percent (10$ ) of the amount named in the proposal. Said check or bond shall be given as a guarantee that the bidder, if awarded the bid, will within ten (10) days after written notice of the award, execute the contract. In case of refusal or failure to execute 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. 10. SIMT31 RE: The bid must be signed in the name of the bidder and gust bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 11. COKPETZKCY O! 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. 12. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the City, will be held 5 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. 13. AWARD OF BID: The award of bid, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. The bidder to whom award is made shall execute the contract within ten (10) days from the date of written notice of the award. Failure or refusal to execute contract, 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 guarantee. If the successful bidder refuses or fails to execute the contract, the City may award the bid to the second lowest responsible bidder. If the second lowest bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be readvertised. 14. "OR EQUAL": Pursuant to Section 3400 of the California Public Contract 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. 15. QUANTITIES: The quantity of work for the unit price items to be done under the bid, as noted in the specifications, 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 est -mate. The right is reserved by the City of Diamond Bar to increase or decrease or to entirely eliminate items from the work if found degirable 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. 16. 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 Clerk signed by 6 an authorized representative of the bidder or by the person filing the bid. 17. INVALln'ItOPOS Ss 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. 18. ALTERING PROPOS LSS 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. 19. 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. 20. BiD pgrCwS iNn AGREEMENT OF FIGiUURRAI If a unit ice bid item total amount arrived at by multiplying the unity price times the quantity does not agree with the total amount entered for the item or if the total amount is not entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in a unit price bid item the total amount is entered for the item but not the unit price, the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid on individual items (if called for) do not add up to the total amount shown, the correctly added total of the individual items shall prevail over the total amount. 21. ADDEM To CONTRACT DOCUMENTS: The City 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, specification or bid proposal. Contractors who have secured bid documents will be furnished with copies of such addenda, either by first class mail, telephone facsimile, or personal delivery during the period of advertising. The addenda will be sent to the address, or fax 7 number,: the contractor left with or furnished the City of Diamond Bar at the time the bid documents were secured. 22. MODIPXCATIONS: 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 bid documents may result in the City's rejection of the bid as not being responsive to the invitation 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 on the surname or surnames of the person or persons signing the bid. 23. 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, 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. 24. PERPORMANCE, LABOR AND KATERIAL BOND: The successful bidder shall be required to post a performance bond in the amount of 100% of the bid price, labor and material bond equal to 100% of the bid price. 25. PROPOSAL POPAS: No proposal will be, considered from a bidder to whom a proposal form has not been issued by the City of Diamond Bar. 26. CITY CONTACT: If further information is needed regarding this bid, please contact: Bob Rose Parks and Recreation Director 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 (909) 396-5694 Monday through Friday from 8:00 a.m. to 12:00 Noon or 1:00 p.m. to 5:00 p.m. 8 27. FA= NUMBER: All persons obtaining bid packets should include his or her facsimile telephone number in order that addenda and other information may be transmitted as rapidly as possible. FAILURE TO PROVIDE SUCK A NUMBER MAY RESULT IN LATE NOTIFICATION. 28. PROGRESS PAYMENTS: Payments to Contractor shall be made by CITY in accordance with the invoices submitted by Contractor, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with bid with respect to unit prices. In no event, however, will said invoices exceed 90% of unit price totals described in bid. Bidder agrees that, in no event, shall CITY be required to pay to bidder 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 60 days after presentation of final documents and acceptance thereof by CITY. Additional services: Payments for additional services requested, in writing, by CITY, and not included in bidder's proposal shall be paid on a reimbursement basis in accordance with the fee schedule set forth in bid. Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 29. PERFORK NCE: Graffiti removal must be completed within 24 hours of receipt of properly identified location (address and/or cross streets along with structure containing graffiti) . 30. HOT LINE: Telephone for reporting graffiti must be staffed by person or machine 24 hours per day, seven days per week. Hot line telephone number must be available for public use, when determined to be in the best interest of the City. 31. TERM OF CONTRACT: Fees presented in this bid are binding through 6/30/-94. Contract may be extended annually at the option of the City. In the event the City exercises its option to extend the term of this Agreement, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter. 7 Any increase in compensation will be negotiated between the City and the Contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If agreed to, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the Contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Anqeles-Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 10 FArrE9TL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE as successful bidder and hereinafter referred to as "Contractor", and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of ( $ ) lawful money of payment of which sum, will and truly and several firmly by these presents. Dollars the United States of America, for the to be made, we bind ourselves, jointly THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said bidder has been awarded bid by said City for consideration of the services under the specification entitled "Graffiti Removal in the City of Diamond Bar" is required by said City to give this bond in connection with the execution of said bid award. NOW, THEREFORE, if said contractor shall well and truly do and perform all the covenants and obligations of said bid 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 services to be furnished, which may be made pursuant to the terms of said bid shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said bid release either said Contractor or said Surety and notice of such alterations or extensions of the bid is hereby waived by such Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1993. PRINCIPAL BY: (SRAL) SURETY BY: (SEAL) 11 BIDDER'S BOND KNOW ALL MEN -BY THESE PRESENTS, THAT WE, as principal, and as surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City of its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above mentioned bid to the City of Diamond Bar for certain services specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on February 25, 1993 for the Removal of Graffiti In the City of Diamond Bar. NOW THEREFORE, if the aforesaid principal is awarded the bid, 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 bond with the City of Diamond Bar to guarantee payments for 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 obligee in such suit, including a reasonable attorney's fee to be fixed by the court. (Continued Next Page) 12 BIDDER'S BOND CONTENUED IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A.D., 1993 (seal) (seal) (seal) (seal) PRINCIPAL (seal) (seal) SURETY (seal) (seal) ADDRESS NOTE: signatures of those executing for the surety must be properly acknowledged. 13 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, AND as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of lawful money of the United States of America,Dforrtthe well and truly to be made, we bind ourselves, jointly these presents. payment of which sum, and several firmly by 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 completion of the work under the City's specification entitled and is ired b said City to give this bond in connection with the awarding 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 Contractor. IN WITNESS WHEMF, we have hereunto set our hands and seals this day of 1993. PRINCIPAL BY: (SEAL) SURETY BY: 14 (SEAL) REMOVAL OF GRAFFITI IN DIAMOND BAR - SPECIFICATIONS - It is the current policy of the City Council of the City of Diamond Bar to have all graffiti removed on any property in Diamond Bar, at City expense, within 24 hours of its reporting. The current graffiti removal contractor is the Boys and Girls Club of San Gabriel valley. Due to the recent increase in the amount of graffiti in Diamond Bar, the current contractor is having difficulty completing its assignments within the 24 hour deadline. Therefore, the City of Diamond Bar is seeking a contractor to supplement the existing contractor. It is estimated (but not guaranteed) that approximately 25% of the City's graffiti removal work will be assigned to the contractor secured from this bid process. II. STATISTICS Followinq are some statistics to assist in the completing of this bid. Additional statistical information may be obtained by calling Bob Rose, Community Services Director, at (909) 396-5694. Four Year History of Graffiti in Diamond Bar Fiscal t of Sites Total Average Sq. Year With Graffiti Sq. Footage /Site 1989/90 130 10,462 80 1990/91 323 24,870 77 1991/92 530 43,197 82 1992/9"3 M 53.229 Totals Most Recent Quarter 1,792 ComQleted 131,758 74 # Month With of Sites Graffiti Total Sq. Footage Average Sq. Fb* /Sits October 1992 109 10,582 97 November 1992 164 12,267 75 December 1992 zQ 17.280 ra Totals 553 40,129 73 22 IV. v. VI. VII. ZUMA 1. The number of sites with graffiti has increased. 2. The average square footage per site has remained at or near the middle of 701s. ADDITIONILL IIitOR1lRTION - 1. The largest single site documented was 940 sq. ft. 2. Several locations are documented in the 400-450 sq. ft. range. BID PRICES Bid prices are being sought on a per site/square footage basis, in three categories: 1. Small Site - 10 square feet or less Statistics on file in the Community Services Director's office show that 32% of the sites qualify as small sites 2. Medium Sites - 11 square feet to 150 square feet Statistics show 59% of sites are medium sites 3. Large Sites - 151 square feet and over Statistics show 9% of sites are large sites SITES Pig YEAR AVERAGE The bid requests unit cost for removal of graffiti on a per - site basis in the three categories described above. It then requests an extension of the per -site unit cost to an annual cost by using a number that represents the average number of sites requiring graffiti removal for that size category. The Sites -Per -Year Average was obtained by using the total of graffiti sites for the past three months (553), multiplying by 4 to represent an annual figure (2,212) and multiplying by 25%, the amount of work that is estimated to be assigned to the successful bidder (553). Statistics on file in the community Services Director's office were used to calculate the percentage of sites in eacb size category. The statistics show a breakdown of size category as follows: Small Sites - 32% of sites (177 sites/year average) Medium Sites - 59% of sites (326 sites/year average) Large Sites - 9% of sites (50 sites/year average) The total bid is the total of the three size categories plus the annual retainer costs, if any. The apparent low bidder 23 VIII. Z. ZI. will be determined by comparing the Total Bid amount from each bidder. QM COUNCIL OPTIONS The City of Diamond Bar is experiencing a large increase in graffiti. City Council is considering many options to combat this problem. It is intended that the successful bidder be flexible and be responsive to future Council requests, such as, but not limited to, the following: 1. Public/Private Partnership - The City of Diamond Bar currently removes all graffiti in the City, on both public and private property at City expense. Due to rising costs, the City, may change this policy. A service the City would retain as an option is to have the City's contractor respond to requests for graffiti removal from private property owners and bill the private property owner for the service at the same rates included in this bid (Additional retainer fees would not be required. ,The City's retainer fee, if any, would cover all private property owners in Diamond Bar.). 2. Community Service - Juvenile Courts sometimes sentence graffiti offenders to a number of hours of Community Service. If the City chooses to participate in this program in the future, it is expected that the graffiti removal contractor would accept court referrals for the purpose of graffiti removal. A monthly summary of graffiti removal activity shall be submitted with the monthly statement for services rendered. The summary shall include: 1. Location of graffiti sites 2. Number of locations reported that month 3. Number of locations completed that month 4. Averaqe response time S. Averaqe job size 6. Type of each location; is. private, commercial, public or utility Storage of all materials and supplies is the responsibility of the contractor. The City has no storage space available for contractor supplies. 24 CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, #100 DIAMOND BAR CA 91765 BID PRICES FOR THE REMOVAL OF GRAFFITI IN DIAMOND BAR Name of Bidder (Company) By (Name) (Title) Bidder's Address City Telephone # Date Fax # zip Planned Method(s) of Graffiti Removal. List all removal techniques that will be utilized to remove graffiti under the bid for the price listed below: Paint over with similar colors (light/dark) Paint over with matching colors (eyeball) Blend colors with computer, then paint over (high tech) High pressure water - Cold High Pressure Water - Hot (steam clean) Pre -treat with sacrificial coating, remove graffiti, then re -apply sacrificial coating Dry or Wet blast (i.e. sand, sponge, walnut shell, bicarbonate) Solvent or chemical remover Other removal techniques you plan to use (please list): **PLEASE NOTE - If City Council deems it in the best interest of the City, bid may be awarded solely on the basis of removal technique of contractor. 25 I. Monthly Retainer $ x 12 months = $ (If applicable - if not applicable, write in the word NONE) II. Small Sites $ per site x 177 sites/year average = $ (10 sq. ft. or less at site - 32% of sites are less than 10 sq. ft.) III. Medium Sites $ per site x 326 sites/year average = $ (11 sq. ft. to 150 sq. ft. at site - 59% of sites are 11 to 150 sq/ ft.) Iv. Large Sites $ per site x 50 sites/year average = $ (151 sq. ft. or over at site - 9% of sites are over 151 sq. ft.) - The largest single removal site has been 940 sq. ft. Total Bid (Annual Costs) - $_ SIGNATURE AND TITLE: 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 Address By/Title (Authorized Signature) (Title) Fax # 26 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.'� TO: Terrence L. Belanger, City Manager MEETING DATE: August 2, 1994 REPORT DATE: July 29, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Vehicle parking on the east side of Brea Canyon Road north of Lycoming Street and on Lycoming Street east of Brea Canyon Road SUMMARY: Residents of the Windwood Condominiums have asked the City of Diamond Bar to restrict parking in the vicinity of Brea Canyon Road and Lycoming Street. Said request is based on the need to abate/eliminate the noise generated from trucks which are parked along the easterly side of Brea Canyon Road between Lycoming Street and Washington Street and on Lycoming Street between Brea Canyon Road and Silver Fir Road. These trucks utilize said streets in order to access the AM/PM market located at the northeast corner of Brea Canyon Road and Lycoming Street. The Traffic and Transportation Commission discussed this matter on July 14, 1994. Representatives of both Windwood Condominiums and AM/PM market have been invited to attend this meeting. RECOMMENDATION: That the City Council adopt Resolution No. 94 -XX to establish a parking prohibition by installing "No Stopping, 10:00 p.m. -6:00 a.m." signs along the easterly side of Brea Canyon Road between Lycoming Street and Washington Street and on Lycoming Street between Brea Canyon Road and Silver Fir Road. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) Ordinances(s) _ Public Hearing Notification _ Bid Specification in City Clerk's _ Other: (on file Office) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City reviewed by the City Attorney?Yes X Majority No 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? Traffic and Transportation 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: N/A 4EIEWED B rrence L. Belang r F ank Us rge A. Wentz City Manager Assistant City Manager Interim City Engineer CITY COUNCIL REPORT MEETING DATE: August 2, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Vehicle parking on the east side of Brea Canyon Road north of Lycoming Street and on Lycoming Street east of Brea Canyon Road ISSUE STATEMENT: To restrict vehicle parking along the easterly side of Brea Canyon Road between Lycoming Street and Washington Street and on Lycoming Street between Brea Canyon Road and Silver Fir Road. RECOMMENDATION: That the City Council adopt Resolution No. 94 -XX to establish a parking prohibition by installing "No Stopping, 10:00 p.m. -6:00 a.m." signs along the easterly side of Brea Canyon Road between Lycoming Street and Washington Street and on Lycoming Street between Brea Canyon Road and Silver Fir Road. FINANCIAL SUMMARY: The proposed recommendation is estimated to cost $500.00 which will be funded by traffic sign maintenance account. BACKGROUND/DISCUSSION: The Department of Public Works received requests from residents of the Windwood Condominiums, located on the easterly side of Brea Canyon Road between Lycoming Street and Washington Street, to prohibit vehicle parking. Their request resulted from their desire to rid noise generated from vehicles (trucks) which park in the vicinity of their condominiums. Vehicles park in the vicinity of Brea Canyon Road and Lycoming Street in order to access the AM/PM market located at the northeast corner of Brea Canyon Road and Lycoming Street. Currently, along the easterly side of Brea Canyon Road, there is a "No Parking Anytime" restriction between Golden Springs Drive and Lycoming Street and no restriction exists between Lycoming Street and Washington Street. Along the westerly side of Brea Canyon Road, there is no parking restriction between Golden Springs Drive and Lycoming Street and there is a 1130 -Minute Parking Commercial Vehicles" parking restriction between Lycoming Street and Washington Street (along Shea Business Center, 657-727 Brea Canyon Road). It should be noted that the section of Brea Canyon Road from Golden Springs Drive to the northerly City limit is an established truck route. Representatives of both the AM/PM market and Windwood Condominium Association as well as those residents who made contact with the City with regard to this matter were informed of the Traffic and Transportation Commission and the City Council meetings. Page Two Vehicle Parking: Brea Canyon Road August 2, 1994 While residents were present at the July 14, 1994 Traffic and Transportation Commission to express their wish to eliminate parking, no one from the AM/PM market was present to express their need or concern. The Commission has concurred with staffs recommendation to install "No Stopping, 10:00 p.m. - 6:00 a.m." signs along the easterly side of Brea Canyon Road between Lycoming Street and Washington Street. Additionally, the Commission recommended that "No Stopping, 10:00 p.m. -6:00 a.m." signs be installed on Lycoming Street between Brea Canyon Road and Silver Fir Road. PREPARED BY: David G. Liu Tsedav Aberra RESOLUTION NO. 94 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PARKING PROHIBITION BY INSTALLING "NO STOPPING, 10:00 P.K.-6:00 A.M." SIGNS ALONG THE EASTERLY SIDE OF BREA CANYON ROAD BETWEEN LYCOMING STREET AND WASHINGTON STREET AND ON LYCOMING STREET BETWEEN BREA CANYON ROAD AND SILVER FIR ROAD A. RECITALS. (i) The Traffic and Transportation Commission considered this matter at a public meeting on July 14, 1994. (ii) At the meeting of July 14, 1994, the Traffic and Transportation Commission determined that the installation of "No Stopping, 10:00 p.m. -6:00 a.m." signs along the easterly side of Brea Canyon Road between Lycoming Street and Washington Street and on Lycoming Street between Brea. Canyon Road and Silver Fir Road in this resolution are appropriate. The Traffic and Transportation Commission recommends installation of said signs. B. RESOLUTION. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. Pursuant to Section 15.20.010 of the Los Angeles County Code, as heretofore adopted, by reference by the City Council, provides the following upon approval by the City Council: a. Installation of "No Stopping, 10:00 p.m. -6:00 a.m." signs along the easterly side of Brea Canyon Road between Lycoming Street and Washington Street and on Lycoming Street between Brea Canyon Road and silver Fir Road. 2. The City Council hereby finds that the public health, safety, and welfare will be best protected by establishing a parking prohibition along the easterly side of Brea Canyon Road between Lycoming Street and Washington Street and on Lycoming Street between Brea Canyon Road and Silver Fir Road. 3. This resolution shall become effective upon installation of the parking prohibition as required in Section 1 of this resolution. PASSED, APPROVED and APPROVED this day of , 1994 MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on day of , 1994 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: C tyClerk City of Diamond Bar AMU AR RiI1 A"W RIIR AGENDA REPORT AGENDA NO. �, I TO: Terrence L. Belanger, City Manager MEETING DATE: August 2, 1994 REPORT DATE: July 28, 1994 FROM: James DeStefano, Community Development Director TITLE: Development Agreement No. 92-2, Vesting Tentative Tract No. 32400, Conditional Use Permit No. 91-5, and Oak Tree Permit No. 91-2; the South Pointe Master Plan; and Environmental Impact Report No. 92-1 (applicant: Arciero & Sons, Inc.) Continued from July 5, 1994. SUMMARY: On July 5, 1994, the City Council approved the applicant's 91 unit project, in concept. The Council directed the preparation of environmental findings, project conditions, and appropriate resolutions for subsequent review and final action. Several project issues are unresolved. The applicant has requested that discussion of his project be continued from the scheduled August 2, 1994, City Council meeting to August 16, 1994. RECOMMENDATION: It is recommended that the City Council continue Vesting Tentative Tract No. 32400, and its related applications to August 16, 1994. LIST OF ATTACHMENTS:_ Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's Office) X Other: Letter from Jan C. Dabney dated July 28, 1994 EXTERNAL DISTRIBUTION: Project Applicants, Walnut Valley Unified School District SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A —Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? 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: %ra-Terredce L. Belanger Frank LJ'sher '7 City Manager Assistant City Manager I j.C.D. C��n J.C. DABNEY & ASSOCIATES v rno co �_ n Y O LAND DEVELOPMENT CONSULTANTS & ENGINEERS 3 n 3 671 S. BREA CANYON ROAD SUITE 5 C, -4 WALNUT, CALIFORNIA 91789 w to 909 594-7568 FAX - 909-594-5090 July 28, 1994 Mr. James DeStefano Community Development Director City of Diamond Bar 21660 E. Copley Dr. Suite 190 Diamond Bar, CA 91765-4177 Reference: Vesting Tentative Map 32400 Council Hearings Dear Mr. DeStefano, Mr. Frank Arciero Jr. has asked me to advise you that he is requesting that consideration on his above mentioned tract be continued from the currently scheduled August 2, 1994 council meeting to the August 16 meeting to allow both Mr. Arciero and the City staff to further review modifications required for the EIR, conditions of approval, commercial zoning and supporting resolutions. This letter is to confirm the request made to the City on July 2.7, at 10:30 AM by phone. Thank you for your consideration on this matter. Respectfully, L Ja C. Dabney, RCE President cc: Mr. Frank Arciero Jr., Arciero & Sons Inc. T, M J.C.D. E. m J. C. DABNEY & ASSOCIATES CO Z LAND DEVELOPMENT CONSULTANTS & ENGINEERS sn 3 671 S. BREA CANYON ROAD SUITE 5 p' --i Z WALNUT, CALIFORNIA 91789 W 909 594-7568 FAX - 909-594-5090 July 28, 1994 Mr. James DeStefano Community Development Director City of Diamond Bar 21660 E. Copley Dr. Suite 190 Diamond Bar, CA 91765-4177 Reference: Vesting Tentative Map 32400 Council Hearings Dear Mr. DeStefano, Mr. Frank Arciero Jr. has asked me to advise you that he is requesting that consideration on his above mentioned tract be continued from the currently scheduled August 2, 1994 council meeting to the August 16 meeting to allow both Mr. Arciero and the City staff to further review modifications required for the EIR, conditions of approval, commercial zoning and supporting resolutions. This letter is to confirm the request made to the City on July 27, at 10:30 AM by phone. Thank you for your consideration on this matter. Respectfully, �' 4)aC. Dabney, RCE 7 President cc: Mr. Frank Arciero Jr., Arciero & Sons Inc. O �I ON O 4J U 0 v 41r - p -A r - .,q 0 A ul d i 4 Ln 9 >ko 0 0 �4-1r- rd r=: ora A rn 44 O 0-1b >� 4J 0 r- 0 U cn > 0-4 00�i 04 A A .td 0 02 >, A GU 0 4 • as r.:O W si h p o O � � � f 1 O -H r -I -r-I U U N A W H a W a A z x CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: August 2, 1994 REPORT DATE: July 15, 1994 FROM: George A. Wentz, Interim City Engineer (Attachment July 22, 1994) TITLE: Approval of Tract Map No. 47851 located easterly of Wagon Train Lane -Oak Knoll Drive, et al. in "The Country". SUMMARY: This project provides for the subdivision of 60 acres into a 48 lot single family residential development. Lots will range in size from .5 gross acres over 10 gross acres. This map has been submitted to the City of Diamond Bar for a final tract map approval. Council consideration of this matter was continued from its meeting of July 19, 1994. See report for meeting of July 19, 1994 and attachment here to dated July 22, 1994. RECOMMENDATION: It is recommended that the City Council by minute action: (1) find that the attached final map of Tract No. 47851 is in substantial compliance with the conditionally approved vesting tentative map and approve said map; abandoning certain prior offers of dedication and easements not shown, rejecting certain offers and accepting on behalf of the public easements and rights offered all as provided thereon; (2) authorize the Mayor to execute the Subdivision Agreement, Tri -party Agreement (Subdivision, Walnut Valley Water District and City), and bonds on behalf of the City; (3) authorize the City Engineer to sign the map; and (4) direct the City Clerk to sign as provided thereon and process the map for recordation by the County Recorder. LIST OF ATTACHMENTS: X Staff Report** _ Public Hearing Notification _ Resolution(s) _ Bid Specifications _ Ordinances(s) X Other: Tract Map; Subdivision Bonds & Agreement _ Agreement(s) NOTE: ** Added attachment dated July 22, 1994 to report previously submitted for meeting of July 19, 1994. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Planning Department, Fire Department REVIEWED BY: ale .�.,--, � A_Terrenc L. Belanger Fr M. Us .�. George Wentz City Manager Assistant City Manager Interim City Engineer C:1 WP60\LINDAKAY W OFNDA-9\T47851TM.802 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of Council MEETING DATE: August 2, 1994 REPORTDATE: July28,1994 FROM: Terrence L. Belanger, City Manager TITLE: . Proposed Los Angeles County Community Facilities District for Library Services. SUMMARY: The County has submitted a proposal to establish a community facilities district and to collect charges for supplemented finances for library services. The proposed district would be authorized under the Mello Roos Act of 1982. It is estimated a parcel tax of $30 per year per parcel would be established to raise additional monies to fully fund the Los Angeles County library system. The Community Facilities District proposal would require each city their consent to be included in the District. Attached to this brief report are sample resolutions that have been provided by the County Library District. RECOMMENDATION: It is recommended that the City Council discuss the establishment of a Community Facilities District and direct staff to provide a more complete evaluation of the Los Angeles County Public Library proposal at its meeting on August 16, 1994. 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? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? N/A _ Yes _ No Report discussed with the following affected departments: REVIEWED BY: Te ence . BelanFrank M. Ushe City anager Assistant City Manager FROM: LIMARY HEAD01 ARTERS TO' 909-861-3117 JLL 27, 1994 6:32PM tr458 P.Oi County of Los Angeles Public: Library 7400 East In4v-dal Hwy., P.O. Box 7011, ticrwncy, CA 90241-7011 (310) 940-8461, 7KNFAX (310) 803-3037. 6AM)nA F. ALU KL'N MrrtriI MnruN Jug 27. 1294 TO: City Managers FROM: 41's'andra Aeuben County Librarian SUBJECT: AEVISEO RESOLUTION AND LIST OF COMMUNITY MEETINGS As a follow-up to our runt meetings regarding the proposed Community Facilities Dlstrlct for library services, I am providing the following additional information. At the previous meetings, we distributed a list of the dales and locations of nine community information meetings which will be conducted throughout the county to inform the public about the proposed CFD. Due to a coordination problem, it was necessary to change the location of the meeting in Carson on August 2. That meeting will now be held at the Carson Community Center. as indicated in the revised list attached. As I notified you on July 22, some cillos may wish to give their consent to be Included In the proposed CFD with the understanding that the benefit charge adopted by the Board of Supervisors for 1994-93 will not exceed $30 for a single family residence. Attachment A Is a sample resolution which includes such language, and may be used in place of the sample resolution distributed previously. There was some concern expressed that cities giving consent to be included In the CFD may later wish to leave the CFO. Therefore, we have developed language which gives consent on the condition that a city may sub mit a request to the Board by May t of any year and eliminate the benefit charges on parcels within the city for the following fiscal year, provided the city also consents to a corresponding reduction in service which would have been financed by those charges. This language is included in Attachment B and maybe used in place of the sample resolution distributed previously. Attachment C is a revised sample resolution which combines both of these conditions to a city's consent. We hope that those changes help you and your council in reaching a decision to be included in the proposed CFD. Please contact me or your Regional Adminlstrator M you have any further questions. SFR:DF:rww., .rglrkr.rq , Attachments c: Each Supervisor Chief Administrative Officer County Counsel SOM1A ale ulli(IMPOralud waes d Los AngDlos County and tho cilm d: Agwa H k . Mads . Avren . B.Wwn Park . ed . tld Gudtnw . Ci011bwor • BrudtHrry • Cow n • CLaromont . Compton Cudahy . L:ulvw Cly nwrnor)d Bar • rkwle . FI Mance . Cirdene . Hipv m Curdww • I lawtltonto • Hen' Kum Hwidr. Hlddon Hills • Huntington Park . La Canelo rmill" • l a Palms "hts . I uMwuW . 1 it thrix . 1 wtcurler . t a Rome . Lit VCrne •L-%wndatC a Lomita . Lynwood . ML&u . MMdwllun death . Maywood a Moniaboo a Ntxwak • Paramount • Pico nwa a noeanow •,Sian Divvies . SAn Fernando ► San GAbdW . Sante Ciente . Scarth d MOM0 . South Gate e 1 entple City 9 walnut 9 west Covina 9 wool I loiywood . Woofte Vilbo RECE.VED 07/c FROM:LI8RARY HEADWARTERS TO: 909-861-3117 JLL 27. 1994 6:33PM 4458 P.02 RESOLUTION NO. ATTACHMENT A RESOLUTION OF THE CITY OF CONSENTING TO THE INCLUSION OF THE TERRITORY OF THE CITY IN COMMUNITY FACILITIES DISTRICT NO.8 OF THE COUNTY OF LOS ANGELES WHEREAS, the Board of Supervisors of the County of Los Angeles ('County') has instituted proceedings under the Mello -Roos Community Facilities Act of 1982, as amended, consisting of Section 53311, 911M., of the GovemmeM Code, to form Community Facilities District lyo. 8 of the County of Los Angeles rDistdcr) to finance public library services and facilities within the service area of the County of Los Angeles Public Library; and WHEREAS, it is the intention of the Board of Supervisors of the County, upon formation of the District, to fax and collect charges on the teat roll from the parcels within the District to pay for the cost of such public library services and facilities, as authorized by Sections 53342 and 25210.77& of the Government Code; and WHEREAS, the proposed District includes all the territory within the City of NOW, THEREFORE, BE IT RESOLVED that this Council: Section 1 • Finds that the public health, safety and economic welfare of the City will be promoted by participating in the proposed District and that the territory of the City will benefit from the proposed library services and facilities. Section 2. Approves and consents to the inclusion of all of the incorporated territory of the City In the proposed District and to the exercise of exclusive jurisdiction by the Board of Supervisors of the County over all proceedings necessary to complete the same in accordance with the provisions of the Act, subject to the following condition: that the 1994-95 charge fixed by the Board of Supervisors of the County for single family residential parcels within the City shall not exceed $30.00 per parcel Section 3. Directs the City Clerk to file certified copies of this resolution with the Executive Officer of the Board of Supervisors of the County. PASSED AND ADOPTED this day of , 1994. ATTEST: City Clerk Mayor 13 FROW L I BRARY HEADGUARTERS T0= 909-861-3117 RESOLUTION NO. JLL 27, 1994 6:33PM #458 P.03 ATTACHMENT B RESOLUTION OF THE CITY OF CONSENTING TO THE INCLUSION OF THE TERRITORY OF THE CITY IN COMMUNITY FACILITIES DISTRICT NO.8 OF THE COUNTY OF LOS ANGELES WHEREAS, the Board of Supervisors of the County of Los Angeles ("County') has instituted proceedings under the Mello -Roos Community Facilities Act of 1982, as amended, consisting of Section 63311, at sea., of the Government Code, to form Community Facilities District No. 8 of the County of Los Angeles rDistrior) to finance public library services and facilities within the service area of the County of Los Angeles Public Ubrary; and WHEREAS, It is the intention of the Board of Supervisors of the County, upon formation of the District, to fix and collect charges on the tax roll from the parcels within the Districtto pay for the cost of such public library services and facilities, as authorized by Sections 53342 and 25210.77a of the Government Code; and WHEREAS, the proposed District includes all the territory within the City of NOW, THEREFORE, BE IT RESOLVED that this Council: Section 1. Finds that the public health, safety and economic welfare of the City will be promoted by participating in the proposed District and that the territory of the City will benefit from the proposed library services and facilities. agggon 2. Approves and consents to the inclusion of all of the Inoorporated territory of the City in the proposed District and to the exercise of exclusive jurisdiction by the Board of Supervisors of the County ("Board,) over all proceedings necessary to complete the same in accordance with the provisions of the Act, subject to the following condition: that upon this Counoil's written request received by the Board on or before May 1 of any year, the Board shall eliminate all charges to parcels within the territorial limits of the City for the following fiscal year and shall further suspend provision of such library services and facilities proposed to be paid for by those charges. Section 3. Directs the City Clerk to file certified copies of this resolution with the Executive Officer of the Board of Supervisors of the County. PASSED AND ADOPTED this day of , 1994. ATTEST: City Cierkc Mayor E FROM-'L.IBRARY HEADQUARTERS TO: 909-861-3117 RESOLUTION NO. 7LL 27, 1994 6:34PM 3458 R.04 ATTACHMENT C RESOLUTION OF THE CITY OF CONSENTING TO THE INCLUSION OF THE TERRITORY OF THE CITY IN COMMUNITY FACILITIES DISTRICT NO. a OF THE COUNTY OF LOS ANGELES WHEREAS, the Board of Supervisors of the County o1 Los Angeles ("County") has instituted proceedings under the Mello -Roos Community Facilities Act of 1882, as amended, consisting of Section 53311, et sea., of the Government Code, to form Community Facilities District No. 8 of the County of Los Angeles ("Districr) to finance public library services and facilities'within the service area of the County of Los Angeles Public Library; and WHEREAS, it is the intention of the Hoard of Supervisors of the County, upon formation of the District, to fix and collect charges on the tax roll from the parcels within the District to pay for the cost of such public library services and facilities, as authorized by Sections 53342 and 25210.77a of the Government Code; and WHEREAS, the proposed District includes all the territory within the City of _-I NOW, THEREFORE, BE IT RESOLVED that this Council: Section 1. Finds that the public health, safety and economic welfare of the City will be promoted by participating in the proposed District and that the territory of the City will benefit from the proposed library services and facilities. Section 2. Approves and consents to the inclusion of all of the incorporated territory of the City in the proposed District and to the exercise of exclusive jurisdiction by the Board of Supervisors of the County ("Board") over all proceedings necessary to complete the same in.accordance with the provisions of the Act, subject to the following conditions: (1) that the 1994-95 charge fixed by the Hoard for single family residential parcels within the City shall not exceed 1$30.00 per paroel; (2) that upon this Council's written request received by the Hoard on or before May 1 of any year, the Board shall eliminate all charges to parcels within the territorial limits of the City for the Wowing fisoal year and shall further suspend provision of such library services and facilities proposed to be paid for by those charges. Section I Directs the City Clerk to file certified copies of this resolution with the Executive Officer of the Board of Supervisors of the County. PASSED AND ADOPTED this day of , 1894. ATTEST: City Clerk Mayor FiOM:LIBRARY HEADOUARTERS TO' 909 -e61 -3t17 7LL Z7, 1994 6:34PM #458 P.05 COUNTY OF LOS ANGELES PUBLIC LIBRARY PROPOSED COMMUNITY FACILITIES DISTRICT FOR L113RARY SERVICES Community information meetings will be conducted at the locations listed below to give information to the public regarding a proposed Community Facilitles District which will provide supplemental financing for extended library servioes. Monday, August 1. 1994, 700 P.M. Canyon Club 28912 Roadside Dr. Agoura Hills Tuesday, August 2,1994,71W P.M. Carson Community Center, Hal A 3 Civic Plaza Carson (Off Carson east of Avalon) wodnosday, August 3, 19K 7:0 P.M. John S. Todd Comwnty Ctr- Activity Room - Mayfair Park 5720 Clark Ave. Lakewood Monday, August 8,1984, 7:00 PAL Stamey Kleiner AdIdy Qtr. Lancaster City Park 43011 N. 10th St. W Lancaster Tuesday, August 9,1994, 700 P.M. veterans Msamm Bullft 4117 Overland AW. Culver City (Free parking entrance on Culver Blvd.) ,w� wednrtaday, August 10,1094, 700 P.M. East Los Angeles Community Svc. et" 133 N. Suml Dr. Los Angeles (1 block North of First St. across from Obregon Park) LWnday, August 15,1994,'7:00 P.M. Santa Clarka Cly Hall 23920 West Valencia Blvd., Ste. 300 Santa Clarita TWHIft, August 18,.1994, 70Q P.M. South EI Monte Sr. Citizen's Ctr. 1558 Central Ave. South EI Monte Wednesday,,August 17.1994,7,.W P.M. Walnut Community Center Walnut City Hall 21201 La Puente Road Walnut County of Los Angeles Public Library 7400 East Imperial Hwy., P.O. Box 7011, Downey, CA 90241-701 1 (310) 940-8461, TELEFAX (310) 803-3032 SANDRA F. REUBEN couwrr u©RARaw July 22, 1994 TO: City Managers FROM: __ }5andra F. Reuben County Librarian SUBJECT: BENEFIT CHARGE FOR PROPOSED CFD FOR LIBRARY SERVICES This is a follow-up to the July 20 meeting with city officials regarding the proposed Community? Facilities District for library services. Some cities indicated that their only council meeting in August will be very early in the month, and before we have finalized the rate structure for the CFD benefit charges. Since a city must give consent to be included in the CFD by the time of the County's August 30 public hearing, the council will want to know the amount of the charge in order to act on the matter. We plan to have the amount of the charge resolved by the time of the first community information meeting on August 1. However, several cities felt that they need the information sooner. We are able to make a firm commitment now that the charge for 1994-95 will not be higher than $30 for a single family residence, and will likely be lower. Multi -family residential and mobile home parcels will be. charged at a reduced rate per dwelling unit; non-residential parcels will be charged based on the area of the land and the type of land use on the parcel relative to a single family home. I therefore propose that a city that needs to take action before we establish the final amount of the charge, simply include language in the resolution to indicate that consent is given with the understanding that the benefit charge adopted by the Board of Supervisors for 1994-95 will not exceed $30. Once the benefit charge is set, we will provide that information to you immediately. In the meantime, I hope that this approach will enable your council to proceed with enough certainty to act on the matter prior to the August 30 public hearing. Please call me at (310) 940-8400 or David Flint at (310) 940-8406 if you have any questions or need further information regarding this matter. S F R: D F :hs`,corn..m,fdlratocap c: Each Supervisor Sally Reed, CAO Serving the unincorporated areas of Los Angeles County and the cities of: Agoura Hills - Artesia . Avalon - Baldwin Park . Bell . Bell Gardens . Bellflower - Bradbury - Carson - Claremont . Compton . Cudahy • Culver City Diamond Bar - Duarte • EI Monte • Gardena • Hawaiian Gardens • Hawthorne • Hermosa Beach - Hidden Hills - Huntington Park - La Canada Flintridge La Habra Heights Lakewood - La Mirada - Lancaster • La Puente • La Verne •Lawndale • Lomita • Lynwood - Malibu • Manhattan Beach . Maywood Montebello Norwalk - Paramount • Pico Rivera - Rosemead • San Dimas - San Fernando • San Gabriel - Santa Clarita - South EI Monte South Gate • Temple City ■ Walnut ■ West Covina - West Hollywood - Westlake Village f RECEIVED 07;15 16.40 1994 Ar 909-86: FROM: L i BRARY HEADGUARTEPS TO S(39-861-3 L 17 county of Los Angcles Public Library 7400 Last Iniperi:tl Hwy., N.O. IRA 7011, Downey. CA 902 41- 701 1 (310) 940-8461, TELErAX (310) 003-3032 snrrtxie r norm COIN Iv UIN WaMI JLL LS, 1994 5:01FM 12432 P-01 July 15, 1994 �? TO: City Managers FROM: • <'X"Sandra F. Reuben ' County Librarian t '' i SUBJECT: 1994-95 COUNTY USRARY BUDGET ; As you are aware, the Board of Supervisors adopted the final 1994-95 County Budget yesterday, which included a portion of the funding needed by the Public Library to continue o matter se'�e new fiscal year. Next Tuesday, July 19, the Board wig consider another itnportaM g to financing library services. I have submitted a proposal to begin proceedings to establish a Mello -Roos Community Facilities District to provide supplemental financing for extended library services. That proposal will be the main agenda item for our meeting on July 20, to which you have boon previously Invited. I wanted to make sure you are aware that this Important item will be before the Board of Supervisors on July 19. We pian to disms it with you in depth at the meeting on July 20. This proposal will have a particular impact on our service to cities, and I think it will be important for you to attend the meeting to hear more about our plans. I hope that you wgl be able join me and County Chief Administrative Officer Sally Reed at the meeting, or at least to send a representative. Please feel free to invite any of your council members to attend also. Our meeting will take place at 2:30 p.m. at the County Library headquarters building, 7400 East Imperial Highway In Downey. If necessary, I will hold another meeting for the same purpose on Friday, July 22, at 10:00 a.m., at the same location, for triose who cannot attend on July 20. However, I would prefer to cover the matter In depth at aR� amen meeting on July 40.11 that is possible. If you plan to attend, please call my secretary, R.S.V.P. by 5:00 p.m. on July 18. If you have any questions, please call me at (310) 940-8400. S F R: D FXooffvnonlo"12.kr c: Each Supervisor Sally Reed, CAO Sere ng the unu,00rpwated ones of Loa MMW Camty and 1ho edits d: A9.wm I Mo • Mean . Av„ Inn . FL-IwM, Milk - tool • Bel C wdmw [kyl�■r ro • Evadb ry - Caam • Claremont - Compton Cudahy - Gwvor city • G•rema,d BW • t�u+rtn - I i W116 . Gordons - Hawaiian Gwtlano • 1 lawdxxrr. . Omtoaa Boaeh - Hiddm Hila- Huntin" rwk • I a CmKis FNntr',dgo - La H0140 H00i - I akawrXx7 • L a AAiltYda ■ Ltyrcadm - t o r Am • (l, Verna H .I awnCak •Lomita • Lynwood • MOW MMhattal, Qsnch .Maywood • Montobak+.• Norwak - t+aram%Mt . frlcuHivora - AoaUjnnj r,r-San 0;nws san FernarWu • San Gabriol - Santa Wta - South CI Masts • Swut Gate - UnVW Giry . Walrwt .Waal cwkv . Waal 1 tdty+Nond vvastlaka V,�g" RESOLUTION NO. 91-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR tiTABLISHING CITY COT STANDARDS OF OPERATION WHEREAS, it is important to the successful operation -f any public organization that standards be established to define `hr.e roles, responsibilities and expectations of the governing board ad staff in the operation of the organization; and wHERFM, the establishment of standards by the City Council will promote understanding and trust among members of the City Council and staff concerning their roles, responsibilities and expectations for the operation of the City; and WHEREAS, the establishment and periodic review of these City Council policy standards will assist new members of the City Council to better understand their role and responsibilities as Council Members. NOW, TREARPORB, Bs IT RBiOLVaD by as follows: the City of Diamond Har A. The Council shall meet the first and third Tuesdays of each month, commencing at 6:00 p.m. If the Council desires to proceed past 11:30 p.m., the Council, at 11:00 p.m., will determine which issues will be completed at that meeting and which items will be continued to the next Tuesday meeting. B. Public Comments are to be scheduled for 6:00 p.m., immediately following the Flaq Salute, Roll Call and Council Comments. C. No action is to be taken on items raised under Public commell". Besides oral requests, citizens may also be requeetad to put concerns in writing, if that the item(s) is to ba agendized, for a later Council meeting date, at the discretion of the Council and City Manager. D. At the beginning of the meeting, if there are a number of people requesting to speak on a particular subject under Public Comments, the Mayor may request that, there be a spokesperson and that the others limit their comments, speak at the and of the meeting or contact Council or City Manager. This does not apply to scheduled agenda items. C .. r-!. : .77 :A. Section I. -=-)! .J CF ^:"y *-!EET".iG3 _. In :�r:!er co ensure that all members of the public have an opportunity to speak, pertaining to issues that are not on the meeting agenda, and that the Council is able to complete h e public's business, there shall be a five-minute limitation cn -omments by the public unless otherwise prohibited by law. :''.-e Mayor will be responsible for enforcing the time limits as suggested. Any Council Member may request an extension of the five-minute time limitation. If the Council concurs that the nature of the issue warrants an extension of time, the tine limit may be extended. F. The Council will not hold a public hearing on items scheduled under Departmental Reports or Council Concerns. If just one or two people desire to speak on the item, the Council will listen to their comments. If more than two persons at the meeting desire to speak on an item, the Council may reschedule the item on the agenda of a subsequent meeting. G. with Council approval, Mayor may schedule Council review of agenda items out of their prescribed order on the printed agenda. H. Significant proposed changes to City ordinances shall be set for public hearing. I. "he Council Member making a motion shall either restate the motion or have the City Clerk restate the motion, before the vote, to clarify the motion for the public and staff. J. Council Members should not get into a debate with a member of the public or staff at a Council meeting. K. -,te City Council will, on a quarterly basis, agendize and prioritize those significant items to be scheduled as future _ouncil study session topics. 1. :f an applicant submits a new site plan for a development or :. the City Council requests changes in the submitted site p:an, the public hearing will be continued at least two weeks to allow time for staff review. M. Any written correspondence or other materials received at a City Council meeting (from the public or staff) will be documented with a receipt time and date by the City Clerk and distribution indicated. If the City Clerk does not receive a copy of the written submittal, it will not be considered to have been received or acted upon by the City Council. COC'JC�i 3.?.:7C?�Cg Page -tree Section 1 . . _ _ CN ^r _"'Y C'"''*,'C'r !,!EE7:• 7 _0`1, 71 `J. A11 _-•ltes of City Council meetings shall be compcsed utilizing an action -taken format; rather than a transcript format. All meetings shall be audiotaped, in their entirety, for Council, public and staff reference. City Council and Planning Commission tapes shall be retained for two years, from. the date of the meeting. All other Commission and Committee meeting tapes shall retained, until the approved minutes of a meeting have been reported to the City Council. O. Any concerns by a Council Member over the performance of a City employee during a Council meeting should be privately directed to the City Manager to ensure the concern is properly addressed. Section 2. COMMITTEE ASSIGNMENTS, CITY COMMISSIONS AND PRESS RELATIONS A. Individual Council Members will have the right to attend meetings but are cautioned about becoming involved in the meetings discussions and/or violating the Brown Act. B. Written committee reports will be given to the Council on significant committee recommendations and/or actions. C. New ideas or suggested programs will be presented to the full Counci' before presenting to the media. Section 3. COUNCIL MEMBER PRESENTATIONS AT OTHER AGENCIES AND GROUPS A. If a member of the City Council represents the City before mother governmental agency, organization, the Council Member -will first indicate the majority position of the Council. Personal opinions and comments may be expressed only if the ==uncal Member clarifies that these statements do not represent the position of the City Council. Section 4. CITY COUNCIL RELATIONSHIPS WITH.CITY STAFF A. :`_re will be mutual respect from both staff and Council - members of their respective roles and responsibilities, when expressing criticism in public session. B. In public session, City staff members will address Council members, utilizing Mayor, Councilman or Councilwoman; and, Council members will address all staff members, utilizing Mr. or Ms. rather than the person's first names. :::*--.,--:L .1. 7.11-1., section 4. '_"\��'* °_�.aTZ *rSHZDS wZ"tI C:_27 37.! =;,7, -• s --3f- ickncwledge that the Council is the City's po:_-1 making oody. The City Council acknowledges that staff administers the Council's policies. D. The Council, as the overall policy body, holds _he Manager responsible for the administration of tfte Departments. The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments per Council direction. E. The Council will direct the City Manager on all major or neer issues. A Council Member will not initiate any action or have prepared any report that is significant in nature or initiate any project or study, without the approval of a majority of the City Council. F. All written informational material requested by individual Council Members will be submitted by staff to all Council - members with the notation indicating which Council Member requested the information. G. Council will not attempt to coerce or influence staff in the ;raking of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits. H. Mail that is addressed to the Mayor and City Council will be circulated by the City Manager to .the City Council with a comment as to which staff person will be assisting the Mayor and/or Council Member in preparing a response. �. The Mayor's response, when appropriate and the original c=—unication, will be submitted to Council members for their information. Mail addressed to individual Council Members may --e responded to, by that Council Member, K. =-aff teas sensitivity and support is important. Once a final :acision is reached by the Council, Planning Commission or -,er City body, it will be accepted, supported and lemented by staff. section S. LITIGATION AND CONFIDENTIAL INFORMATION A. City Council Members will keep all written and verbal information provided on matters that are confidential, under State law, in strict confidence to insure that the City's position is not compromised. No dissemination of information or materials will be made to anyone, except Council Members, City Attorney, City Manager or Assistant City Manager. C0UNCIL S:A.VCARDS =3;e Five Section s. B. :ho City Council in closed session has provided direction =� City staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pdinemployee negotiations, alencontactaims withothe lother 1partynwill be the designated City person(s) representing the Cit handling of the negotiations or litigation. Council Ne the will not have any contact or discussion with the otherparty or its representative involved with the negotiation during this time and will not communicate any discussion conducted in closed sessions. Section 6. INDIVID '&T QMCT . MEMB�v .FSrvhSiATT TTrr� A. Frequent communication is an important and integral part of Council relationships and will be the standard of operation. e• Respect for each individual Council Members interpersonal Style will be a standard of operation. sensitivity to individualpoints of view will_beurtesy and Of operation. C. areas where process Council Members disagree, to be especially on the prused, discussions will clear direction. occur to facilitate a D. Council approach to authority individual. is collegial rather than E. Council Members will keep an open mind on all issues. F. Individual Council Members, on matters pertaining to up earincoming or antie4pated items where a public hg will be held, will aintain as near neutral positionas possible to assure not znly the appearance but the actual degree of openness that is attendant to our community responsibility. The City Clerk shall certify to the adoption of this Resolution. 1991. PASSED, APPROVZD AND ADOPTLID this 3rd day of December __ = A"I�A?. _ �S Lina Burgess, City Clerk of the City of Diamond Bar, do hereby certify _.`.at t:;e foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the Ci, -y :f Diamond Bar held on 3rd day of Cecember 3 1991, by the follcuin:7 vote: AYES: COUNCILMEMBERS: Miller, Forbing, M/Kim NOES: COUNCILME4BERS: None ABSENT: COUNCILMEMBERS: Papen, Werner ABSTAINED: COUNCILMEMBERS:- None LYNOA BURGESS, Ci y Clerk City of Diamond Bar RESOLUTION NO. 89-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING COMMITTEES OF THE CITY COUNCIL. A. Recitals. (i) The City Council desires to establish standing :=--littees of the City Council for review and reccrinendation tc the City Council, as a whole, with respect to issues facing the Community. (ii) All legal prerequisites to the adoption of this resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. In all respects as set forth in the Recitals, Part A, cf this Resolution. 2. The City Council hereby establishes the following co-::nittees of the City Council: , (i) Personnel; Parks and Recreation; (iii) Planning and Zoning; and (iv) Finance; and (✓) Landscaping Districts. 1 _c. re:ere "I -ed _.,- m.-Lt-:�ees snail to cons�4er --._~_tees of the City Council and me -hers of the C. s- ll oe appointed by the Mayor, with the advice ani zz;nsent of zl-:e remaining members of the City Council. 4. The City Manager and City Attorney shall provide such staffing and clerical support as may be deemed required by the committees established hereby. 5. The committees established hereby, and any ad f:cc cc--ittees established hereinafter shall review, analyze, repot= to the City Council and make recommendations with respect to -atters referred to any such committee by the City Council. 6. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of , . a39 . Mayor - " " ' , City Clerk of the City cf =_ _ar, do hereby certify that the foregoing Resolution was --_- --_ at a r_gular Meeting of the City Council of the City =_ .3r a:3 on the day of - , 1909, -nJ .pas fina-may passed at a regular meeting of the City Council -i`y of Diamond Bar held on the day of = 1?3°, by the following vote: 2 INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City Manager k\j RE: Brown Act - Council Continuing Subject Matter Committees DATE: May 17, 1994 ISSUE: Brown Act affect upon City Council, less than a quorum, continuing subject matter committees. RECOMMENDATION: It is recommended that the City Council modify the existing continuing subject matter committee approach to issue analysis by eliminating that type of less than a_quorum committee; and, replacing less than a quorum of the Council issue analysis with a specific issue ad hoc committee approach. DISCUSSION: The recent amendments to the Brown Act have changed the rules as they apply to less than a quorum of the Council committees (a memorandum regarding tie affect of the new changes on such committees is attached). ,Besides the disadvataqes to a less than than a quorum committee member related to privately discussing issues within the ambit of their continuing subject matter committee, the requirements of the Brown Act result in virtually every less than a quorum committee meeting becoming a "mini" -Council meeting complete with notice, agenda, record, staff reports, staff preseao+, meeting space which accommodates public attendance and aggwWriate follow-up activities. The City Council currently has designated twenty (20) continuing subject matter committees, comprised of less than a quorum of the Council. Each committee formally meets with varying degrees of frequency, ranging from bi-weekly to once or twice a year. However, under the Brown Act, the frequency of meetings is not the determining criterion. Rather, it is the designation of a continuing subject matter jurisdiction that determines the applicability of the Brown Act. Council Committees May 12, 1994 Page Two DISCQSSION (con't): The contraints and burdens placed upon continuing subject matter committee members and staff would not appear to be beneficial or desireable vis a vis the relatively few meetings that most of the committees hold. Instead, the Council may wish to consider the retention of a very few continuing subject matter committees, e.q., Finance/Budget, Personnel. INTEROFFICE MEMORANDUM TO: honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City Manager 1\6 RE: Brown Act Requirements re Less Than Quorum Meetings Of A Legislative Body DATE: April 29, 1994 ISSUE: A question has been raised regarding the application of the Brown Act as it relates to less than a quorum meeting of members of a legislative body. BROWN ACT: California Government Code Section 54952 defines a "legislative body" to be: "...the governing body of a local agency ... a commission... committee, board, or other body of a local agency,...whether permanent or temporary, decision-making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body which are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter (The Brown Act).w DISCUSSION: Less than a quorum, that is less than a majority, of a legislative body may have contada as conversations between members of the legislative body and/or any Other psis, except that there cannot be any use of direct communication, Petsmd I I Mediaries, or technological devices employed by a majority of the members of the legislative body to develop a collective concurrence as to action to be taken on an item by members of the legislative body. Diamond Bar legislative bodies include: City Council, Planning Commission, Parka and Recreation Commisssion, Traffic and Transportation Commission, General Plan Advisory Committee, Industry Materials Recovery Facility Committee, Multi -Cultural and Resources Committee, Council continuing subject matter sub -committees. BROWN ACT PAGE TWO DISCUSSION (CON'T): Simply stated. Individual members and/or less than a quorum group of members of the Council, Commissions, or Committees can meet with each other and/or members of the public and not be subject to the requirements of the Brown Act, subject to the certain exceptions discussed above. CITY COUNCIL APPOINTMENTS (Effective 07-27-94) California Contract Chios Association Harmony Ansari Sam Olivito, Exec. Dir., 10810 Paramount, Suite 202, Downey, 90241, 310-861-3908 Meets 3rd Wednesday of each month at 6:30 p.m. (social hour), 7:30 p.m., dinner, various restaurant locations of host City. Reservations required. CLOUT Bill Alexander, Chairman, Ansari Rancho Cucamonga Chamber of Commerce, 8280 Utica St., Ste. 160, Rancho Cucamonga, CA 91730, 987-1012 Meets 4th Thursday of each month at 7:30 a.m., Ontario Airport Marriott D.B. Chamber of Commerce Werner Maria Ochsner, Gen. Mgr., 22640 E. Golden Springs, Suite A, 91765, 861-2121 Board of Directors: Meets 3rd Monday at 6:30 p.m., Chamber Office. Executive Committee: Meets Tuesday at noon prior to monthly Board Meeting, at various restaurants, if needed. East San Gabriel Valley Planning Committee DeStefano Chris Lancaster, 818-858-7212 Meets 4th Thursday of each month at 6:30 p.m., at various restaurant locations of host city. Planning Directors Sub -Committee: Meets 4th Monday of each month at 12:00 noon at Cal Poly. Foothill Transit Zone Papen Harmony Bill Forsythe, 100 N. Barranca #980, W. Covina, 91791, 81;8-967-3147 Meets 4th Thursday of each month at 8:00 a.m. at above address. Four -Corners Study Steering Committee Werner Ansari Meets as needexf. L.A. County Sanitation District No. 21 Werner Harmony Charles Carry, Chief Engineer & Gen. Mgr., 1955 Workman Mill Rd., Whittier 90601-4998 Mailing: P.O. Box 4998, Whittier 90601-4998, 310-699-7411 Meets 4th Wednesday of each month at 1:30 p.m. at District Office Rev. Juty 27, 1994 CITY COUNCIL APPOINTMENTS (Cont'd.) (Effective 07-27-94) League of Calif. Cities --L.A. County Division Werner Harmony Jack O'Neil, Exec. Dir., 600 E. Huntington Dr., Ste. C, Monrovia 91016, 818-305-1315 Meets 1 st Thursday of each month at 6:30 p.m. at Almansor Court, 700 S. Almansor Street, Alhambra L.A. County City Selection Committee Werner Harmony Larry J. Monteilh, Secretary, 383 Hall of Administration, 500 W. Temple St., Los Angeles, 90012, 213-974-1431 Meets: After the League of Calif. Cities - L.A. County Division Meeting - (Approx. 8:30 p.m.) San Gabriel Valley Council of Governments Ansari Werner David Smith, Exec. Dir., 14156 Magnolia Blvd., Ste. 103, Sherman Oaks 91423, 818-907- 1664, FAX 818-784-1187 Meets 3rd Thursday of each month at 6:30 p.m. at various locations. Executive Session 5:00 p.m. S.A.N.E. Program/Council Liaison Werner Blanche Wilson, Starr Center Colima & Telegraph, Whittier Contact: Audrey Warner, W.V.U.S.D., 595-1261 Meets "as needed" Sister Cities International Werner Anser 120 S. Payne Street, Alexandria, Virginia 22314, 703-836-3535 FAX: 703-836-4815 Southeast Mosquito Abatement District MacBrido 9510 Garfield Ave., South Gate, 90280, 310-927-6526 Meets 2nd Thursday at address above at 7:30 p.m. Southern California Assn. of Governments (SCAG) Harmony Ansari Main Office, Sig W. 7th- St., 12th Floor, Los Angeles, 90017, 213-236-1800 Tom Sykes, iesentative for -Dist. 37, City of Walnut, 595-7543 General Assembly meets annually each March - location to be announced Rev. July 27, 1994 CITY COUNCIL APPOINTMENTS (Cont'd.) (Effective 7-27-94) Southern California Joint Powers Insurance Authority Miller Harmony 4952 La Palms Ave., La Palma, 90623, 714-827-3361 General Board Committee meets annually each -July - location to be announced Wildlife Corridor Conservancy Study Group Werner Harmony Meets as needed L.A. County Metropolitan Transportation Authority popen 818 W. 7th Street, Suite 1100, Los Angeles 90017 Meets: as necessary Local Agency Formation Committee Werner 383 Hall of Administration, Los Angeles, CA 90012 Meets: Twice a month on Wednesdays, 9:00 a.m. at the above address. Rev. Juty 27, 1994 City of Industry Liaison Meets was needed" Animal Control Meets "as needed" City on Line Technical Meets "as needed" Code Enforcement Committee Meets "as needed" Economic Development Meets "as needed" Entry Signs Meets "as needed" CITY COUNCIL SUB -COMMITTEES (Effective 7-27-94) Werner/Ansarl Popen/Miller Werner Werner/Ansarl Ansari/Harmony w0r/Papen Finance Werner/Ansarl Meets "as needed" Graffiti MJN►er/Papen Meets "as- needed" General Plan Advisory Committee Werner/Ansarl Meets 2nd & 4th Tuesdays of each month Historical Committee Miller/Papen Meets "as needed" Jones Intercable WernerlHarawny Industry Materials Recovery Facility (IMRF) Harmony/Ansarl Library Funding Multi-Cultural/Human Resources Werner/Ansarl Personnel Weiner/Harmony Meets "as needed" Pomona Unified School District Werner/Harmony Brenda Engdahl, 800 S. Garey Ave., Pomona 91769-2900, 622-0486 Mailing: P.O. Box 2900, Pomona 91769-2900, 622-0489 Meets: as necessary Rev. July 27, 1994 CITY COUNCIL SUB -COMMITTEES (Cont'd.) (Effective 07-27-94) Senior Citizen Issues Meets was needed" Solid Waste Meets "as needed" Ranch Festival Meets "as needed" Undeveloped Land Entitlements Meets was needed" Werner/Ansari Harmony/Werner MiAbr/Papen Ansaif/Haimony Walnut Valley Unified School Dist. Werner/Ansad Joann Hanson, Sec'y., 880 S. Lemon Ave., Walnut 91789, 595-1261 Meets 1st and 3rd Wednesdays. 7:00 p.m., W.V.U.S.D. Board Room Rev. July 27, 1994 AGENDA ITEM NO. 8.6 NO DOCUMENTATION AVAILABLE TO: 21660 EAST COPLEY DRIVE - SUITE 100 DIAMOND BAR, CA 91765-4177 909-860-2489 - FAX 909-861-3117 LETTER OF TRANSMITTAL Date: Attention: Re: v'78 / WE ARE SENDING YOU: Attached Under separate cover via the following items. Shop.drawings Prints Plans Samples Specifications Copy of letter Change order Other THESE ARE TRANSMITTED as checked below: For approval Approved as submitted For your use Approved as noted As requested Returned for corrections Review/comment _4,,(' other FOR BIDS DUE 19 REMARKS: Resubmit copies for approval Submit copies for distribution Return ' corrected prints PRINTS RETURNED AFTER LOAN TO US COPY TO: SIGNED: :J WE: 60.000 r TRACT NO 47851 y"tt' 1 �1� Z) ]F LOTS: 48 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION' OF PARCELS 8 AND 9 AND A PORTION OF PARCELS 5, 6 AND 7 OF PARCEL MAP NO. 1528, FILED IN BOOK 26, PAGES 19 TO 30 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR R'S STATEMENT DATE OF SURVEY: EBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LANDS ED WITHIN THE Sl/BD1V/SAW. ' SAWN OV IWIS A4V W17WI& THE DISTINCTIVE LINES. AND WE CONSENT TO THE PREPARA'nON AND FILIRB. THER STATE THAT WE KNOW OF NO EASEMENT OR STRUCTURE EXISTING WITHIN THE NTS HEREIN OFFERED FOR DEDICATION TO THE PUBLIC. OTHER THAN PUBLICLY WATER LINES. SEWERS OR STORM DRAINS. THAT WE WILL GRANT NO RIGHT OR ST VITHIN THE BOUNDARIES OF SAID EASEMENTS OFFERED TO THE PUBLIC. EXCEPT SUCH RIGHT OR INTEREST IS EXPRESSLY MADE SUBJECT TO THE SAID EASEMENTS. REBY ABANDON ALL RIGHTS -OF FURTHER SUBDIVISION IN ANY MANNER AND OF UCTION RIGHTS OF MORE THAN ONE RESIDENTIAL STRUCTURE AND ITS ACCESSORY ON ANY LOT AS SHOWN ON THIS MAP. WE HEREBY DEDICATE TO THE CITY OF D BAR THE RICHT TO PROHIBIT THE ERECTION OF BUILDINGS AND OTHER 'URES VITHIN THOSE AREAS DESIGNATED AS RESTRICTED USE AREAS. WE ALSO ATE TO THE CITY OF DIAMOND'BAR THE EASEMENTS FOR PUBLIC UTILITY AND SERVICES PURPOSES AND ALL USES INCIDENTAL THERETO INCLUDING THE RIGHT AE CON ECTIONS.THEREWITH FROM ANY ADJOINING PROPERTIES; WE ALSO DEDICATE CITY OF DIAMOND BAR THE EASEMENTS FOR SEWER PURPOSES; WE ALSO DEDICATE CITY OF DIAMOND BAR THE EASEMENTS FOR GENERAL UTILITY. OPEN SPACE USE .OUESTRIAN AND HIKING TRAIL PURPOSES; 'PI1RP04E8� YE^FiREBY IRREVOCABLY FOR THE PUBLIC USE FOR STREET PURPOSES THE CERTAIN STRIPS OF LAND IATED AS PRIVATE AND FUTURE STREETS SHOWN ON SAID' MAP. RESERVING UNTO YES ALL ORDINARY USES OF SAID LAND EXCEPT THE ERECTION AND CONSTRUCTION f STRUCTURE NOT ORDINARILY PLACED IN PUBLIC STREETS UNTIL SUCH TIME AS 3TREET IS ACCEPTED AND OPENED FOR PUBLIC USE. WE HEREBY IRREVOCABLY OFFER THE PUBLIC USE FOR STORM DRAIN PURPOSES THE CERTAIN STRIPS OF LAND HATED AS PRIVATE AND FUTURE STORM DRAIN EASEMENT SHOWN ON SAID MAP. WING UNTO OURSELVES ALL ORDINARY USES OF SAID LAND EXCEPT THE ERECTION INSTRUCTION OF ANY STRUCTURE NOT ORDINARILY PLACED IN STORM DRAIN ENTS UNTIL SUCH TIME AS SAID STORM DRAIN EASEMENT IS ACCEPTED BY THE MING BODY. ALL AS SHOWN ON THIS MAP. WE DO HEREBY. AND FOR OUR HEIRS. TORS. ADMINISTRATORS. SUCCESSORS AND ASSIGNS. JOINTLY AND SEVERALLY AGREE ALL PRIVATE AND FUTURE STREETS SHOWN ON SAID MAP WILL ACCEPT DRAINAGE ADJOINING STREETS WHETHER IT BE A PUBLIC OR PRIVATE STREET AND FURTHER THAT THE CITY OF DIAMOND BAR 15 HEREBY HELD FREE AND CLEAR OF ANY CLAIMS MAGES ARISING FROM SAID DRAINAGE. . ND BAR EAST PARTNERS. A CALIFORNIA LIMITED PARTNERSHIP. AS OWNER. NO RIDGE EAST MAWGEMENT CO.. A CALIFORNIA CORPORATION. AS GENERAL PARTNER. iREGQ YLjjDELGADO, PRESIDENT CURT NELSON. SECRETARY WtNEFIT OF OPERATING ENGINEERS FUNDS, INC., A CALIFORNIA ORATION, AS CUSTODIAN FOR OPERATING ENGINEERS PENSION TRUST E14EFICIARY UNDER A DEED OF TRUST RECORDED OCTOBER 29, 1993 AS RUMENT�NO, 93-212110.0. O.R. LEV'A. MA✓/C ,/FUND 4f41b1,4rER TLIERESA &WLL-L L, ADM/ . ASS/ST . L. S. 5669 AUGUST, 1992 SURVEYOR'S STATEMENT I HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR OF THE STA CALIFORNIA: THAT THIS FINAL MAP CONSISTING OF 10 SHEETS IS A TR COMPLETE SURVEY AS SHOWN AND WAS MADE BY ME .OR UNDER MY DIRECTI AUGUST 1992. THAT THE MONUMENTS OF THE CHARACTER AND LOCATIONS HEREON ARE IN PLACE OR WILL BE IN PLACE WITHIN TWENTY-FOUR MONTH THE FILING DATE OF THIS MAP: THAT SAID MONUMENTS ARE SUFFICI ENABLE THE SURVEY TO BE RETRACED AND THAT TIE NOTES TO ALL CENT MONUMENTS SHOWN HEREON AS '70 BE SET' WILL BE ON FILE IN THE OFF THE CITY ENGINEER WITHIN TWENTY-FOUR MONTHS FROM THE FILING HEREON. yE� LAryD SUF y� /L•' JOHN W. HILL, JR. L.S. 5669 Exp 9/30%9 REGISTRATION EXPIRES: 9-30-95 s� 'lF OF CAL11 CITY ENGINEERS STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND THAT IT C( SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL APPROVED ALTEI THEREOF; THAT ALL PROVISIONS OF STATE LAW AND SUBDIVISION ORO: OF THE CITY OF DIAMOND BAR APPLICABLE AT THE TIME APPROVAL TENTATIVE MAP HAVE BEEN COMPLIED WITH AND THAT ALL PROVISIONS SUBDIVISION MAP ACT, SECTION 66450 (a) (1) (2) AND (3) HAI COMPLIED WITH. GEORGE A.WAWrZ R.C.E. 43273 DATE: CITY ENGINEER CITY OF DIAMOND BAR REVIEWED FOR THE CITY OF DIAMOND BAR BY: I.HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP, THAT IT COMPLI ALL PROVISIONS OF THE STATE LAW APPLICABLE AT THE TIME OF APPP THE TENTATIVE MAP, AND THAT I AM SATISFIED THAT THIS TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED TO BY T ENGINEER. MICHAEL D. MYERS R.C.E. 30702 DATE: OF: CHARLES ABBOTT & ASSOCIATES 371 VAN NESS WAY, #200; TORRANCE, CA CITY COUNCIL STATEMENT �EAGE: so . o0o . OF LOTS: 48 TRACT NO 47851 SHEET 2 OF sC . IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN DIEGO. INC. JOHN W. HILL. JR. L.S. 5669 DATE OF SURVEY: AUGUST, 1992 ATE OF CALIFORNIA) SS. IUNTY OF SAN DIEGO) 19% BEFORE ME, _ TA Y PUBLIC, PERSONALLY APPEARED RSONALLY KNOWN TO ME (OR PROVED TO MESON ZWE BASIS OF SATISFAC OIDENRY THIN CINSTRUMENTBE HEANDEAACKNOWLEDGGEEDETOA MESTHAT/RE HE/SHE%SCTHEYD ETO THE XECUTED E SAME IN HIS/HER/THEIR AUTHORIZED CAPACITYIIES). AND THAT BY HIS/ R/THEIR SIGNATURE (S) ON THE INSTRUMENT, THE PERSON (S) OR THE ENTITY ON BEHALF OF WHICH THE PERSONS) ACTED EXECUTED THE INSTRUMENT. TNESS MY ZNNE:PEASE PRINME: rVCOMMISSIXIRES:_9 INCIPAL PLACE OF BUSINESS : flnaelPS COUNTY. c+oiiai�v IMI ATE OF CALIFORNIA) SS. JNTY OF &AN- ------ Log gnK,itBs 19.% BEFORE ME �GYImV1eVe nj. 74.►7 TARY PU LIC, PERSONALLY APPEARED ca A It - itL _� RSONALLY KNOWN TO ME (OR PROVED TO ME ON T BASIS OF SATISFACTORY LOENCE) TO BE THE PERSON (S) WHOSE NAME (S) IS/ARE SUBSCRIBED TO THE THIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/ THEY EXECUTED SAME Y HIS/ VTHEIRISIGNATURE(S)HONRTHE TINSTRUMENT, THE HORIZED Y(PERSON(S) ORHTHEIES), AND TATBENTITY )N;BEHALF OF WHICH THE PERSON(S) ACTED EXECUTED THE INSTRUMENT. fNES MY HAND: :ASE -,PRINT NAME.E Nyi .bJ a COIPAL ILA EXPIRES: �3+ 19g4� INCIPAL PLACE OF BUSINES L—c _ _►�ee(e5 COUNTY. ATE OF CALIFORNIA) SS. nTfN-JZF SAN DIEGO) ARY PUBLIC, PE 19— YEAPPEARED ISONALLY KNOWN TO ME ROVED TO ME ON T S OF SATISFACTORY DENCE) TO BE THE PERSON( SE NA S/ARE SUBSCRIBED TO THE HIN.INSTRUMENT AND ACKNOWLEOG ME THAT HE/SHE/ THEY EXECUTED SAME IN HIS/HER/THEIR IZED C TY(IES), AND THAT BY HIS/ VTHEIR SIGNATURE HE INSTRUMENT, TH SON(S) OR THE ENTITY ,N BEHALF OF THE PERSON (S) ACTED EXECUTED NSTRI NAFNT HAND: ASE PRINT NAME: COMMISSION EXPIRES: NCIPAL PLACE OF BUSINESS: COUNTY. TSF CALIFORNIA) SS. PURSUANT TO SECTION 66436 (a) 3 (A) (1-visl) OF THE SUBDIVISI THE SIGNATURES OF THE FOLLOWING HAVE BEEN OMITTED, THEIR BEING SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAID ARE NOT REQUIRED BY THE LOCAL AGENCY. I. THE BANK OF CALIFORNIA. N.A.. A NATIONAL BANKING ASSOCIA TRUSTEE HOLDER OF AN EASEMENT FOR RECREATIONAL TRAILS. I AND EGRESS, PUBLIC UTILITIES AND OTHER PURPOSES BY DEED JUNE 30. 1971 AS INSTRUMENT NOS. 3055 AND 3094, OF OFFIC PURSUANT TO SECTION 66436 (a) 3 (C) OF THE SUBDIVISION THE SIGNATURES OF THE FOLLOWING HAVE BEEN OMITTED, THEIR BEING SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAID S ARE NOT REQUIRED BY THE LOCAL AGENCY. 1. DIAMOND BAR DEVELOPMENT CORPORATION, A CALIFORNIA COR HOLDER OF OIL. GAS OR MINERAL RIGHTS BY DEED (LEASE) REC BOOK D774 PAGE 312, AND IN BOOK D774 PAGE 315, BOTH OF 0 2. TRANSAMERICA DEVELOPMENT COMPANY, HOLDER OF OIL. GAS 0 RIGHTS BY DEED (LEASE) RECORDED MARCH 29. 1968 IN BOOK D 185, AND RECORDED JUNE 24, 1970 IN BOOK D4750. PAGE 11. O.R. PURSUANT_ TO CHAPTER 6. ARTICLE I. SECTION 66499.20 1/2 SUBDIVISION MAP AOT. THE FILING OF THIS MAP CONSTITUTES ABANDI THE EASEMENT FOR UTILITY. OPEN SPACE USE AND EQUESTRIAN AN TRAIL.PURPOSES. THE EASEMENTS FOR SLOPE PURPOSES AND THE 01 DEDICATION. OF EASEMENTS FOR PUBLIC ROAD AND HIGHWAY PURPOI SHOWN ON THIS MAP THAT ARE IlEb!D BY THE OFF* OF SHIdEA -*HffAv--1 AS 1N THAT DOCUMENT OCTOBER 12. 1988 AS INSTRUMENT NO. 88-1642210 OF OFFICIAL REI AS SHOWN ON PARCEL MAP 1528. FILED IN BOOK 26. PAGES 19 ' PARCEL MAPS AND 1N THAT DOCUMENT NO. 3544 JUNE 19. 1970 1N BOI PAGE 57& OF OFFICIAL RECORDS AND DOCUMENT NO. 3545 RECORDED . .1970 OF OFFICIAL RECORDS. 60.000 SHEET 3 OF 10 SHEE LOTS: 46 TRACT NO, 47851 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST, 1992 TRACT NO. 80576 BOUNDARY AND SHEET INDEX MAP 766/1-29 F BEARINGS: $ 1 1 I I I IG OF N 45'28'19'E ALONG THE SOUTHEASTERLY1► IF PARCEL MAP NO. 1528 WAS USED AS THE 11ti5j WAGON TRAIN LANG 1EARINGS FOR THIS MAP DEDICATED PER gyp. CONIC. NAIL O� 0� TRACT NO. 30578 NTATION NOTES: V11 I�1' 13' 29' i�07f \ » 1 ff �5 \ ICATES LOCATION OF 2' IRON PIPE TAGGED . ' L 1 0 9��� 'f\ n FD. NOTHING. ' I I S. 5669' TO BE SET. j ICATES LOCATION OF SPIKE AND WASHER TAGGED y�� �a�� f! \\�s0. \ \\ �N 52,27 aj E 27.00' ) S. 5669' TO BE SET. 5 /� \� 52' 27' 36 E 217. 74 IRON PIPE WILL BE SET AT ALL REAR LOT CORNERS \V\Y� / �,FU E STREET\ EPTING LOTS i THROUGH 19 AND 42 THROUGH 48 WHERE / / DEDICATED PER 823'.A IRON PIPE WILL BE SET BO FEET FROM THE FRONT 1f TRACT NO. 30578 \\ g23 1 CORNER ALONG THE SIDE LOT LINE. (PIKE AND WASHER WITH TAG 'L.S. 5669' WILL BE SET f! 12 1 E OAK KNOLL DRIVE Y � PAVEMENT AT THE TRUE LOCATION OF ALL FRONT LOT 51Y BOUNDARY `N 5�,q2 07" (PRIVATE STREET) a .o INERS. OF TRACT 30578 l'A eo M.B. 785/1-25 >n 48 , 33 FD. NOTHING. I I 2 N°� ]ICATES THE BOUNDARY OF THE LAND BEING \ off~ I 1 r - m 3DIVIOED BY THIS MAP.I 1 ' �y�h m 46 47 /� DICATES THE BOUNDARY OF THE z2 MAIDER PARCEL. I �0 a y / SHEET 4 3 M 33 SHEE 9 DICATES RECORD DATA PER P.M. 1528 / (DICATES RECORD DATA PER TRACT NO. 30576 �yy 45 k 4 _ ENT NOTES: FD. 2- I.P. W/TAG MKD. -RCE 9783' 44 r / \ 5 4SEMENT FOR ACCESS PURPOSES TO BE PER TRACT NO. 30578 MB 785/1-25 / , 3f :SERVED IN DOCUMEN S 1SEMENT FOR SLOPE AND DRAINAGE N 06.53'50'3 32 4INTENANCE PURPOSES TO BE RESERVED 188'73 43 I // T t 6 4 DOCUMENTS 11 13 30 1 1 ESTRICTED USE AREA 1 43' 26' 00' W 42 1 r BENTLEY rAY 7 N i ASEMENT FOR SANITARY SEWER PURPOSES 115.63 N 62285600'E 2 /9 11 I (PRIVATE STREET ASEMENT FOR OPEN SPACE USE PURPOSES �py�Rfis6RVBDI" go4tl+newm N 69_22'' o7'�RAO� 34 I I 8 ENTERLINE OF EASEMENT FOR UTILITY. o� 40' S3' I I �J iPEN SPACE USE. AND EGUESTRIAN AND R=1000' L6' SHEET 8 28 IIKING TRAIL PURPOSES9 @, N 1 4' S7' 00' W 79.13 f 05 IRIVATE AND FUTURE EASEMENT FOR n J 271 AN,I ;TREET P1�RPOgE506AW61'IE.VTF�2 4 I \ c�/�' UT/L/TYI4'1RRaSES � 3RIVATE AND FUTURE EASEMENT FOR 1 36 ,. STORM DRAIN PURPOSES n-23. 27' 00' 1 26 // �� 10 R=700' La286.50 nco r►— BOUNDARY OF PCL. B OF LOT ..- - _ Y,r' / SHEET 5 11 �a LINE ADJUSTMENT REC. 10/20/93 2 a r ! •-•- AS FILE NO. 93-2044263 oN ' 37 k bl- a3 �N 25 k k 1'2 00 I 38 I NN t 11 I 13 Zy c=32.42' 00• 1 241 1I00DBRIDGE COUR R-350' L-199.75' I 39 1 (PRIVATE STREET) IEAGE: 60.000 TRACT NO, 4785 1 SHEET 4 OF 10 OF LOTS: 48 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST, 1992 �Pv /V F0. NOTHING 60 120 180 240N 52.27' 38 E 217.05' GRAPHIC SCALE 5\•1�� 0V1 0-11 / 8 3.,3 ► - p7• E423 14 S144 ,Sid 1 I \ 1 \ \ 1 n ► iz NATURAL RPA/NAGE`" \ ► Z 1 r /// CDU.PSE PER PM r 'L \ ► j J N � � �J28 loo •►� 123,331 S.F.I \o& oo• \ \ 1 £ 14 25%E/' \ \ ' �`'► \\;oma\'• 9 to I 3 ► 1 I "�.255 00' / \\ •� \►� >\T, a1N Ir61- 0' 00'E 1 3 55A. 77' 1 r 454.84. \ I = 1473.75n n Ir+a,� I It 5cd s, 48 ► 0 m p, 00 Z �\ N 73'3200'W ' 1 1 o, \ 38. 98' 1 7o 3 +I •J J co 1'N 1 �W \ 1 1z q N lAom-ICA IZY o #�N r n 1 3 1 Iao., SIN 100,075 S.F. � I = nIN Cw o Z3 YI No 1 = ►m 1 N 76_49' 59'E RID. \ / v of/� I z ► 1 N 56.38' 00'E 1555.73'61' 244.00' 401. 77' 4,17 / ,`\ 31.78f Z K425.22' 425.22' 1 N 46.41'00'W IZ 151. 92' , a \ ro / o ► r\ 3 N 73_06' 20' W RAD. vb� ��� a o 4 1 1 1't o 1 w1N ~ J + �/y ••.oil � N 42.27'00'W 1 I N 35'50'00'W \� 81,181 S.F. 53.27' ► I 85.39' 1 p ry n n 1 C /� z z► N 89.02' 00' E ► N 57' 37' 00" E 643.42 4 GI p /�ti J N 52.53'7 00' W I' / / O— 3. 31' 23. 29' t 206. 63' 43.53'/k 1 381. 03' _ 4 i a7' 54' 24" N 52.53' 00' W \ 1 \ o aD kpp h`6 L-46.92' 19.46' I z 19.14'00'E 8.51' vi z ( Iia al°: 4 , n 0'00'00• l 81,75 S.F. 4.`R-13' L-20.42' 0, 1.0. I / '.AGE: 60.000 SHEET 5 OF 10 OF LOTS: 48 TRACT NO, 47851 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST, 1992 60 120 180 240 r104 GRAPHIC SCALE SEE SHEEN\ . a I \ \ \U 1 \ \\ 00.E 517. 54 i 1 8 0' 1 \ \ \ N 55' 24. 183.90 1 30' 30' 1 \ ` \ 3�, 06 IV 1 IN \\ \\ \ 390.41 OOUE 30 t 1 \ 1 N 28'11'00'W 1 1 N 45.5100'W I 63.27 N1N 64,585 S.F. ' �- zl 28.36 N 47'47'00"W \ 145.00' 1 r O•i w 00'c \ \ 66.30 N 55' 24' 00' 496.12 \ E 326.61 �� 1 N A w 1 \\ / 332.02 ' % � 1 \\ 1 N 86-17-00-W 14.72 / 8 l�N 36133'001W 15.97/a60,702 S.F. 1 0' 00 l N 17.37' 27' W N/ a 1 67.82 _f 1 „ � 2 180.00' 0 E1 475.11 Z 1 0 010 �\Sj o,1 55-24,00361.57 1 0 1 /��' / \ 382.62 1 F LU 7 ► \ LLJ \� N 73.46. 00'W \ = 4 1 ► t' \ 1 22.84 \ En ns 1 i yp\ 1 N 32.43' 00' W \ Z m �� �� i + 0,1 1 36.60 u W T M ! \ �\ 73,714 S.F. ui� 725653'10'00,W 65 2 // 10' 00' W A ~�tN�j 4\V \\ \L 1 r ~d� !\ \ ZI I Q^ I+J mom\ \ N 29.40'00'W \ cNn� 13 • -i Ia m 23.56 N 64.41' 00'E X459.99 N 70.11' 17'E RAD. ci u'\\ 1 298. 41 1\ U I 120.00' w i 0.131 271.13' o \ I 312.67 J f N 18.45' 00' W / 1 � _� 1 �� ^:►• N N 14'15* 00 O- 1 88. 60 31 1 a o N "? /' o oaOl c� 28. 79 �''I ,�l„� 64,545 S.F. r o r1 1 � / �C/-o 6,Z 4F / •1r � a ,jNp�O 2 �= T !! v �� ryti /^ny N 05.38' 00' E 21! w 75.72 I / 32. 6' 2 / / N 68.32' 00-E 1493. 94 N 89.25_28' W RAD. / / o / / \ 1 317. 145.00' 72 , / N 50.22' 00' W 346. 48 3I 19.91 N 10.15'00'W n m 49.03 ! to (PRS 38.57 0.01 ca \, NIS 62,789 S.F. 60.000 LOTS: 48 TEARING 6'00'% 17'00' 04'32' 32'16' L1'00'% D8'00'E 01'24'% 56'12'E 41'21'% 56'30'E 40'40'% ' 54' WE °57'55'E 9° 51' 16' i 53'21'% 17° 42'00' 8° 30' 21' 5° 0�_ 8°11'00'% i4° 4� 3 OUSE i5° 09' 00E i6°f0'00_E 25°43'16'E 9° 30'54' �-- �° 4_-- 3 1-B 3pt+24'00'% 1'32' 0'19° SHEET 6 OF 10 SHE' TRACT N0. 478 51 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES. STATE OF CALIFORNIA HUNSAKER 6 ASSOCIATES SA DIEGO. INC. JOHN W. HILL, DATE OF SURVEY: AUGUST, 1992 RADIUS LE14JOIST. TANGENT 76.05 320.00 90.94 45.78 44.00 163.63 88.00 25.40 12.79 49.14 23.63 55.59 49.57 43.31 6.49 36.48 \ 26.32 37.86 27 9 ° \, 35.00 30.45 16. \ P top. 16.44 \ ZiJ,v r (50.00 98.70 51.21 \ o o 150.00 22.27 11.15 f 41.26 l �o 12.98 a, 35.12 { 30.06 24 30.00 ► 30' 36.52 ► 7- ► Q 30.00 3 88.00 14.61 7.32 � 14.86 1.33 71.00 3 250.00 35.38 17.72 1 0 ' 250-00 .. 29.93 14.98 350.00 20.39 10.20 I h O Z H L1J w Z t!'1 W Lu N 1 = n f Y I a 17 0 23' . =� 4 N 6107' 19' E RAD) 2 1 � 22 L w° 0 1 $ 1 4 N 64.38' 32' E RAD_; I t} 1W SEE SHEET N0. 5 J OA Cl P SHEET 7 OF 14 S AGE: 60.000 TRACT N0 47851 DF LOTS: 48 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN L.SDIEGO. 5669INC. JOHN W. HILL, DATE OF SURVEY: AUGUST. 1992 SEE SHEET NO. ; 8 36 I �I a� 26 N 5542' 37' E RADS N 7805' 21'E RAD. 0.6.12' 39' L-37-94' _ %�'� C2 Q � I SF x 12 ow _E RAO\ ���N 40_44'13'E RAO_ Op 6 0.02 13 24 N1 m rte' ;1 r =$ 21,953 S.F. SI ' c NI a 1 of J 1 1 l 6 0'N 73-34 30 �' �-29' 48' N 65-09'00'E I Lam• 03' 125, 82'' 95. 47' ►. 1 — B -cd; 7 1 9-q NI I �l oil 1 N 61307' 19' E R \ _L .3.20' 19" L110.39 16 3E: 60.000 SHEET 8 OF 10 SH LOTS: 48 TRACT NO. 47851 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST, 1992 h \ 46 r re 4 60 120 180240 ` /� ��� ti ?*o00,�N5111111111=11111111 --m- 2 O / �• � }1 ry��O4 J� 4- ♦ � GRAPHIC SCALE ` 45tr 31 cl 30,936 S.F. 5 r� 44y.,y / V M ti^ /�° y \q►o��?' 11 3 87 7� �`� \ V `✓rr \ °'o-o 'a1' 35' 4%7' 0'��50'Ei v - p `b��\ppb34 I 30,959 S.F. c l N 14.34'00'E q 1 00 �3 !? - zl z 15.12' ft1 1 6 30 � 43 N �, /. N �� �b :1� m w I � $ ^� „• � B 00. � of � o w rn 1 1 Q on n °�° N X` , ,ts, /D� of 26,074 S.F. gal a m I t� f f aql -1 7 1 7;1 !�j 35�''BF es• - 1 .� 1 s J po\pI W 1 1 I 1 d 3355- Cb q 55' 00� E 177.73 30 00 z 24' I 1 35,751 S.F. 3 ?s �2 N 147.73' ` i 131 1; N 25'.38'0 0' W I a MI 42 c 67. 89 N 12'48'00'W Z I 1 I ?17' OO• W /,�\ 56.34' 1 5515 1 n 1 1 Nn 1 aO.41'17' 29 u� % �1 =10. 94' z L_=12 37_ _ _ 11.1 7 + 25,371 S.F. '1 N 67.20 37 E RADII 0 02 _ ° N 32'28'00"W 1 2 1°' 1• 75.53' 1 m b/ 74.94 1 �.-. N� qln J pJ• + N 55.24. p0•E 202.21' 0.00 �1 N 62 48=0 38256 Jg�1j . 1,835?400 y7221 1 (n N B9.22'07'E RADS i • 1 1 m opo �N-+r a°r 34 F N 4.26'00'W , - ( $ 7 m L.99.16' 8'* a• IN� �� T IZ Z 17.42' �1 N 1 ,,4R�9�. T`�a n;n1;; @ ry 32,913 S.F�luo, �N Nu 1 `" 1 1 4 N lot, TIa `n7 0�� roo 28 01 $ 1 rn �i 1 zJ N 75. ml u. 25,651 S.F. 1 1 �_ M N 74.18.58'E RADS0 01 1 2830•E X10• $• r_ ""1 - — er0' 44'04' 82' c t j o! L 41. 31' ;4 279.20.N 20.14' 00'W E 192. 69' 1 1 17. 86' O 1\ h k! oln 247. / 82. 85 26.16 N 55' 24' 00' 1 O a nWrn�! •, 63' 76• 80 162.69' 17.86' 1 2 ^ n N ee N 28•�5 15.32' 1 cn wln 1 3p IJ 00�F 31.57' 1 _! 3 5 1 N 14.39 N 6.32' 00' W r 1 I 0••2.55'19' 1 29,295 S.F. 1 35 76 0p•w 53.67' NI c 1 IEAGE: 60.000 TRACT NO 4 SHEET 9 OF 10 OF LOTS: 48 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST, 1992 0 60 120 180 240 GRAPHIC SCALE SEE DETAIL SHEET 10 A of WI �-4' 3 0:' o► 1 4 7 J � O Z / Y 1 I1 DATA DELTAMEARI r. RADIUS LENJ f N 16°24'DON 35 t N 09"05'30'W 23 3 N 03°25'30'W 39 4 N 04°23'39"W 38 5 N 03°16'14"E 50 6 N 03"16'14'E 21 7 N 16-00.48-W 48 e N 70°46'00"N 20 CREAGE: 60Zwl .000 D. OF LOTS: 48 TRACT NO. 47A;; 4 0 I IN THE CITY OF DIAMOND BAR COUNTY OF LDS ANGELES, STATE OF CALIFORNIA 71 DE TR, 1 o Nvi 20 v o no 8.51' Jy (- MB / / Zo = n c� Yo 38• X21-_03'2 HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST, 1992 --1 : Z r J Zy � � o U to SON ;' o• +. 3 a o 0 wo s4e 4� h 3 .r o 0 1 O O O � 3 • Wrp� / N 1A Y O O ♦ ; J �� awr n 35 E RAD. 3g, Q Q e-90.03' 30' L- 487. 2E Q e-89.48' 25' L- 485. 9C 0-00.15' 05• L- 1.36' n-90.03' 30• L- 440.11 A-90'03%30' L- 534. 41' © e-88' 10'32- L- 523. 24' Q7 0-01.52'58' L- 11.17' L DETAIL N 22' 05' 00' W 108.53 ,-EXISTING OFFER TO DEDICATE A i ESMT. FOR PUBLIC ROAD AND HIGHI PURPOSES TO THE COUNTY OF L. A PER INST. NO. 3545, REC. 6/19/; IN BOOK M3513, PAGE 816 IS NOT ABANDONED. ��'/sT/NG 4CSSLOR- _ 'eee. ✓UNE -410 /9, /9 iRS/.t(fT�lrhE 4¢ /A_Zo,2e p �74G PF4EB7� I INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Clair Harmony, Mayor Pro Tem RE: Project Signs - City Council Names DATE: May 17, 1994 ISSUE: Should the City Council ban the placing of Council Member names on public works construction project signs? RECOMMENDATION: It is recommended that the City Council no longer place the names of Council Members on public works construction project signs. DISCUSSION: The monies used to fund public works construction projects come from a variety of sources. The planning, design and actual constrution of a public works project involve the work and effort of many community persons. Instead of singleling out just the five City Council members for credit on project signs, the credit for the construction of public works projects by the City should be;more general, e -q., "...brought to you by the people of Diamond Bar..." or "...your tax dollars at work for community's betterment..." CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. KS' TO: Terrence L. Belanger, City Manager MEETING DATE: August 2, 1994 REPORT DATE: July 28, 1994 FROM: James DeStefano, Community Development Director TITLE: Development Agreement No. 92-1, Vesting Tentative Tract Map No. 51407, Conditional Use Permit No. 92-8 and Oak Tree Permit No. 92-8; the South Pointe Master Plan; and Environmental Impact Report No. 92-1 (applicant: RNP Development, Inc.) Continued from July 5, 1994. SUMMARY: This is a request for approval of a mixed use project consisting of land uses which include residential, commercial, park, and open space. The project site is approximately 78 acres in size and is located north of Pathfinder Road, west of Brea Canyon Road, east of Morning Sun Drive and south of Larkstone Drive. The project proposes to develop 22 acres of commercial retail/office space, 90 single-family detached residential dwelling units, a 28 acre neighborhood park; and facilitate the construction of a middle school. Continued from July 5, 1994. RECOMMENDATION: It is recommended that the City Council continue this project to a future meeting date. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolutions) _ Bid Specification (on file in City Clerk's Office) X Other: Agenda reportdated June 30, 1994 EXTERNAL DISTRIBUTION: Project Applicants, Walnut Valley Unified School District SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A —Yes No by the City Attorney? _ 2. Does the report require a majority or 4/5 vote? 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: %n --Terrence L. Aelanger Frank Usher City Manager Assistant City Manager *es DeStefan Community Dev pment Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 2, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Development Agreement No. 92-1, Vesting Tentative Tract Map No. 51407, Conditional Use Permit No. 92-8 and Oak Tree Permit No. 92-8; the South Pointe Master Plan; and Environmental Impact Report No. - 92 -1 (applicant: RNP Development, Inc.) Continued from July 5, 1994. ISSUE STATEMENT: This is a request for approval of a mixed use project consisting of land uses which include residential, commercial, park, and open space. The project site is approximately 78 acres in size and is located north of Pathfinder Road, west of Brea Canyon Road, east of Morning Sun Drive and south of Larkstone Drive. The project proposes to develop 22 acres of commercial retail/office space, 90 single-family detached residential dwelling units, a 28 acre neighborhood park; and facilitate the construction of a middle school. Continued from July 5, 1994. BACKGROUND: On June 21, 1994, the City Council discussed the South Pointe Master Plan and concluded by continuing the various applications to July 5, 1994. On July 5, the Council' approved, in concept, the Arciero and Sons, Inc. project (VTM 32400) and directed the City staff to prepare the appropriate resolutions and project conditions for subsequent review and final action. The Council reviewed the Sasak Corp. applications (TM 51253) and continued those components of the South Pointe Master Plan to August 16, 1994. RNP Development Inc. (VTM 51407) requested and was granted a continuance to the City Council meeting of August 2, 1994. Following the City Council meeting of July 5, 1994, the Walnut Valley Unified School District (WVUSD) entered into a contract to purchase the 78 acre site held by RNP. School District officials have identified August 5, 1994, as the anticipated date for close of escrow. It is the intent of the WVUSD to utilize a portion of the RNP site to relocate 400,000 cubic yards of earth presently at the middle school site. The grading is necessary to facilitate the construction of the new school campus. City Council Report August 2, 1994 page 2 The School District has indicated a desire for an alternative access to the middle school site. The location of the road is at issue. Arciero's conceptual approval does not currently incorporate roadway access to the school. A secondary access road may change the extent of grading as currently defined on the Arciero and RNP maps. In order to resolve issues related to the application status, School District plans, roadway access, grading, property exchanges, etc., staff recommends a continuance. In the alternative, the City Council may take action, as appropriate, on each development application, as outlined within a previous Council Report dated July 5, 1994 (attached). PREPARED BY: James DeStefano Community Development Director attachment: City Council report dated July 5, 1994 (without attachments) CITY COUNCIL REPORT AGENDA NO. MEET1,.j DATE: July 5, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Development Agreement Nos. 92-1 and 2; Vesting Tentative Tract Map No. 51407, Conditional Use Permit No. 92-8 and Oak Tree Permit No. 92-8; Vesting Tentative Tract No. 32400, Conditional Use Permit No. 91-5, and Oak Tree Permit No. 91-2; Tentative Tract Map No. 51253 and Conditional Use Permit No. 92-12; Oak Tree Permit.No. 92- 9; the South Pointe Master Plan; and Environmental Impact Report No. 92-1. ISSUE STATEMENT: This is a request for approval of a mixed use project, known as the South Pointe Master Plan, consisting of land uses which include residential, commercial, park, open space and school facilities. The project site is approximately 171 acres in size and is located north of Pathfinder Road, west of Brea Canyon Road, east of Morning Sun Drive, and south of Rapid View Drive. The project proposes to develop 30 acres of commercial retail/office space of 290,000 square feet; approximately 200 single-family detached residential dwelling units, a 28 acre neighborhood park; and the construction of a middle school. Continued from June 21, 1994. RECOMMENDATIONS It is recommended that the City Council take action on each development application. BACKGROUND: On June 21 the City Council discussed the South Pointe Master Plan and concluded by continuing the matters to July 5, 1994. The developers have requested Council action on the development applications. The Interim City Attorney has prepared a memorandum dated June 21, 1994, which responds to the question of vested rights for Tract 32400. 1 Correspondence received from Mr. Amrut Patel rega. 51253 indicates his desire for the City Cour, support the Planning Commission recommended 21 1 and related applications. Mr. Dabney, on behalf of RNP development, has requet a continuance for VTM 51407. Mr. Frank Arciero seeks a decision regarding VTM 3240 submitted in 1992, consisting of 91 residential lots, ano associated applications, with an option to continue to explore other project alternatives, if appropriate. In order to approve the development applications as requested, resolutions and ordinances must be crafted to coincide with a specific development plan. Staff direction is needed to identify parameters to approve or deny the applications. The resolutions and ordinances must include appropriate, project specific, conditions and contain findings of fact to support the actions. The City Council, in order to take action, must consider and incorporate evidence supported findings. Actions to approve the development projects would incorporate the following findings: (Actions to deny the development applications would incorporate contrary findings.) 1. Environmental findings pursuant to Section 15091 of the State CEQA Guidelines. 2. A Statement of Overriding Conditions pursuant to Section 150.93 of the State CEQA Guidelines. . 3. A Mitigation Program and Monitoring. Plan as required -by CEQA Guidelines. 4. Written findings pursuant to Government Code Section 65360 and 65361 and the conditions of the OPR Extension Letter finding that "there is little or no probability that the project will be detrimental to or interfere with the future adopted General Plan if the project is ultimately inconsistent with that Plan." 5. Abandonment of an Open Space Easement (RNP property) pursuant to Government Code Section 51093 finding that: a) there is no public purpose in continuation of the land as open space; and b) the abandonment is not inconsistent with the purposes of open space law; and c) the abandonment conforms with the General Plan; and d) the refusal to abandon will cause a PA substantial hardship upon the landowner. 6. Written findings for each vesting and tentative tract map pursuant to the Subdivision Map Act stating: a) that the proposed map is consistent with the applicable general plan specified in Section 65361 b) that the design or improvement of the proposed subdivision is consistent with applicable general and .specific plans. C) that the site is physically suitable for the type of development. d) that the site is physically suitable for the proposed density of development. e) that the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. f) that the design of the subdivision or type of improvements is not likely to cause sdrious public health problems. g) that the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the government body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to 'easements of record or to easements established by judgement of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. 7. - Written Findings that the proposed Development Agreements complies with the terms, conditions, restrictions and requirements of Section 22.16.320 of the Los Angeles County Planning and Building Code: a) that the proposed development agreement is consistent with the general plan and any applicable community, area or specific plan; and b) that the proposed development agreement complies with zoning, subdivision and other applicable ordinances and regulations; and 3 C) that the proposed development agreement is consistent with the public convenience, general welfare and good land use practice, making it in the public interest to enter into the development agreement with the applicant; and d) that the proposed development agreement will not: 1) adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area; or 2) be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; or 3) jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. 8. Written findings for each vesting and tentative tract map pursuant to the Los Angeles County Planning and Building Code Chapter 22.56 Section 56.215 regarding Hillside Management Areas: a) that the proposed project is located and designed so as to protect the safety of current and future community residents, and will not create significant threats to life and/or property due to the presence of geologic, seismic, slope instability, fire, flood, mud flow, or erosion hazard, and b) that the proposed project is compatible with the natural, biotic, cultural, scenic and open space resources of the area, and C) that the proposed project is conveniently served by (or provides) neighborhood shopping and commercial facilities, can be provided with essential public services without imposing undue costs on the total community, and is consistent with the objectives and policies of the General Plan, and d) that the proposed development demonstrates creative and imaginative design, resulting in a visual quality that will complement community character and benefit current and future community residents. 9. Written findings for each vesting and tentative tract map pursuant to the Los Angeles County Planning and Building Code Chapter 22.56 Section 22.56.2100: a) that the proposed construction or proposed use will be accomplished without endangering the W' health of the remaining trees not listed in the Oak Tree Permit. b) that the removal or relocation of the oak tree(s) proposed will not result in soil erosion through the diversion or increased flow of surface waters which cannot be satisfactorily mitigated; and C) that in addition to the above facts, at least one of the following findings apply: 1) that the removal or relocation of the oak tree(s) proposed is necessary as continued existence at present location(s) frustrates the planned improvement or proposed use of the subject property to such extent that: i. alternative development plans cannot achieve the same permitted density or that the cost of such alternative would be prohibitive, or ii. placement of such tree(s) precludes the reasonable and efficient use of such property for a use otherwise authorized, or 2) that the oak tree(s) proposed for removal or relocation interferes with utility services or streets and highways, either within or outside of the subject property, and no reasonable alternative to such interference exists other than removal of the tree(s), or 3) that the condition of the oak tree(s) proposed for removal with reference to seriously debilitating disease or danger of falling' is such that it cannot be remedied through reasonable preservation procedures and practices. PREPARED BY: James De Stefa - Community Development Director Attachments: 1. Letter from Jan Dabney dated June 27, 1994 2. Letter from Amrut Patel dated June 27, 1994 3. Memo from Interim City Attorney dated June 21, 1994 4. City Council Staff Report dated May 9, 1994 5. Planning Commissions Resolutions Recommending Approval of 5 the Project Components 6. PROJECT MAPS: a. VTM 51407, VTM 32400, TT 51253, as recommended for approval by the Planning Commission b. Alternative 1 - RNP Map C. Alternative 2 - Arciero Tract Map 0 MEETING DATE: TO: FROM: SUBJECT: CITY COUNCIL REPORT AGENDA NO. August 2, 1994 Honorable Mayor and Members of the City Council City Manager Professional Services Agreement with Charles Abbott Associates, Inc., for Environmental Management Services in Fiscal Year 1994-95. ISSUE STATEMENT: The City has heretofore retained Charles Abbott Associates, Incorporated to provide professional services relating to the administration of the City's solid waste permit system and to coordinate the development and implementation of the City's integrated waste management programs. Although this agreement has expired, the City continues to need the services of a qualified consultant and has issued a Request for Qualifications (RFQ) to a number of firms specializing in environmental management services.* In response to the City's solicitation, three (3) firms have submitted proposals to assist with the administration of the City's solid waste permit system and to help coordinate the development and implementation of an integrated waste management program designed to achieve compliance with state -mandated diversion requirements. RECOMMENDATION: It is recommended that the City Council approve execute a Professional Services Agreement with Inc.., in an amount not -to -exceed $19,900, for administration of the City's solid waste permit coordination of AB 939 activities during Fiscal FISCAL IMPACT: and authorize the Mayor to Charles Abbott Associates, services relating to the system and to assist in the Year 1994-95. The City Council has budgeted $30,000.00 in Fiscal Year 1994-95 for environmental management services. DISCUSSION: The City presently allocates approximately 50% of the Assistant to the City Manager position and 25% of the Executive Secretarial position to effectuate the City's integrated waste management system. In order to augment staff's efforts and to provide general support on solid waste issues, the City has elected to retain the services of a qualified consulting firm with experience in solid waste planning and integrated waste management program implementation. Besides being potentially less expensive then a full-time employee, contracting for consultant services has been extremely beneficial in other ways. For example, by retaining a consultant, staff has been able to realign certain activities and to focus on other issues. In addition to providing general staff support, the consultant team has been actively involved in the day-to-day administration of the City's solid waste permit system and the implementation of a series of integrated waste management programs including backyard composting, multi -family recycling,. and waste auditing and technical assistance to commercial generators. The consultant has also prepared several important reports and studies including a diversion compliance report and an assessment of the City's Solid Waste Permit System. Recently, the consultant has been aggressively pursuing grant funding through the State of California for several programs that the City is interested in pursuing. As a result of the combined efforts of staff and the consultant, the City has achieved a reported diversion rate of 34.7% and has received over $64,000.00 in state grant funds to expand its curbside used motor oil collection program. The City's agreement with Charles Abbott Associates, Incorporated for integrated waste management planning services expired with the advent of the new fiscal year. Because the City continues to need the services of a qualified consultant, a Request for Qualifications (RFQ) has been prepared and distributed to a number of firms specializing in environmental management services. In response to the City's solicitation, three (3) firms have submitted proposals to assist with the administration of the City's solid waste permit system and to help coordinate the development and implementation of an integrated waste management program designed to achieve compliance with state -mandated diversion requirements. The three (3) firms and their proposed budget are listed below: Consultant Proposed Budget Charles Abbott Associates $19,900.00 EcoNomics $20,000.00 EMCON Associates $23,110.00 City staff conducted interviews with representatives from each of the three (3) firms on Wednesday, July 27, 1994. It was felt that all three (3) firms had excellent qualifications and would be able to perform the necessary work. However, based upon an evaluation of the three proposals, staff believes that Charles Abbott Associates, Incorporated is the most qualified and cost- effective of the three (3) firms. Furthermore,, staff believes that by retaining Charles Abbott Associates at this critical juncture, the City will maintain a consistent approach in program development and implementation. This will create far less confusion and will help the City in the long-term. More importantly, by having a consultant team that is familiar with local conditions and the City's current integrated waste management system, the City can avoid a lengthy transition period and insure that current efforts are not disrupted or delayed. Prepared by: Troy L. utzlaff Assi n to the City anager CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: August 2, 1994 REPORT DATE: July 28, 1994 FROM: Terrence L. Belanger, City Manager TITLE: Professional Services Agreement with Charles Abbott Associates, Inc., for Environmental Management Services in Fiscal Year 1994-95. SUMMARY: The City has heretofore retained Charles Abbott Associates, Incorporated to provide professional services relating to the administration of the City's solid waste permit system and the development and implementation of integrated waste management programs. The City's agreement with Charles Abbott Associates expired with the advent of the new fiscal year. Because the City continues to need the services of a qualified consultant, a Request for Qualifications (RFQ) has been prepared and distributed to a number of firms specializing in environmental management services. In response to the City's solicitation, three (3) firms have submitted proposals to assist with the administration of the City's solid waste permit system and to help coordinate the development and implementation of an integrated waste management program designed to achieve compliance with state -mandated diversion requirements. Based upon oral interviews with each of the three (3) firms and an evaluation of their proposals, staff believes that Charles Abbott Associates, Incorporated is the most qualified and cost-effective of the three (3) firms. RECOMMENDATION: it is recommended that the City Council approve and authorize the Mayor to execute a Professional Services Agreement with Charles Abbott Associates, Inc., in an amount not -to -exceed $19,900, for services relating to the administration of the City's solid waste permit system and to assist in the coordination of AB 939 activities during Fiscal Year 1994-95. LIST OF ATTACHMENTS: SUBMITTAL CHECKLIST: Staff Report _ Resolution(s) _ Ordinances(s) _ Agreement(s) Other Request for Professional Public Hearing Notification Bid Specification Qualifications Services Agreement 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? N/A 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes _X No Reoort discussed with the following affected departments: R?! ED BY: V Terrence L. Inger Frank M. Us er Troy utzlaf City Manager V Assistant City Manager AssisWnt to the ity anager PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this Znd day of August, 1994, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "CITY") and Charles Abbott Associates, Incorporated, a California Corporation, (hereinafter referred to as "CONSULTANT"). A. Bacit - (i) CITY has heretofore issued work specifications pertaining to the administration of the City's Solid Waste Permit System and the performance of such services related to the development, implementation, and monitoring of an integrated waste management program, a full, true and correct copy is attached hereto as Exhibit "A" and by this reference made a part hereof. (ii) CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct copy of which proposal is attached hereto as Exhibit "B" and by this reference made a part hereof. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. 1 NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Project: The performance of professional services with respect to the administration of the City's Solid Waste Permit System and performance of such services related to the development, implementation, and monitoring of an integrated waste management program as described in Exhibit "A" hereto and by this reference made a part hereof. (b) Services: Such professional services as described in Exhibit "B" hereto including, but not limited to, the preparation of procedures, studies, surveys, reports, plans, and other documents, the presentation, both oral and in writing, of such procedures, studies, surveys, reports, plans, and other 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, except as may be otherwise limited in Exhibit "B". (c) corm etion of Project: The date of completion of all phases of the Project, including any and all procedures, studies, surveys, reports, plans, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding the adoption of the Project, as set forth in Scope of Services of Exhibit "B" 2 hereto, shall be for a period of twelve (12) months but no longer than June 30, 1995, unless otherwise extended by written approval of the CITY. 2. CONSULTANT agrees &a follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "A" and "B" hereto and all in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all procedures, studies, surveys, reports, plans and other documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibits "A" and "B" to CITY within the time limits set forth in Exhibit "A." Copies of the documents shall be in such numbers as are required by Exhibit "A". CITY may thereafter review and forward to CONSULTANT comments regarding 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 3 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 Nineteen Thousand Nine Hundred Dollars ($19,900.00) 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 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 a reasonable time after said invoices are received by CITY. 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 95% 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 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 "B" hereof, shall be 4 paid on a reimbursement basis in accordance with the Standard Rate Schedule as set forth in said Exhibit "B". Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4. CITY agrees t,Q provide tQ CONSUL.TM : (a) Information and assistance necessary to complete work specifications 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 af 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. 5 6. Terming ion: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least ten (10) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "B", on a pro -rata basis with respect to the percentage of the Project completed as of the date of termination, as determined by actual time and materials as expended by CONSULTANT. 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: Terrence L. Belanger City Manager CITY OF DIAMOND BAR 21660 E. Copley Drive, Suite 100 Diamond Bar, California 91765 (909) 396-5666 TELEPHONE - (909) 861-3117 FACSIMILE CONSULTANT: George A. Wentz Senior Vice President CHARLES ABBOTT ASSOCIATES, INCORPORATED 317 Van Ness Way, Suite 200 Torrance, CA 90501 (310) 212-5778 TELEPHONE (310) 212-0993 FACSIMILE 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. 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 subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all time during the term of this Agreement the following policies of insurance: �. •o.-9 •@ - . - beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has -taken out full workers' compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: 7 "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" (b) gublir L ab;l y and property Daman: Throughout the term of this Agreement, at CONSULTANT's sole cost and expense, CONSULTANT shall obtain and maintain in full force and effect a Broad Form Comprehensive General Liability (occurrence) policy with a minimum limit of ONE MILLION DOLLARS ($1,000,000.00) aggregate and a Automobile Liability policy with a minimum limit of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) per occurrence for bodily injury and property damage. Said insurance shall protect CONSULTANT and CITY from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operations performed pursuant to this Agreement, whether such operations be by CONSULTANT itself, or by its agents, employees and/or subgrantees. (c) FFrrns-q Alld 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) for errors and omissions ("malpractice") with respect to loss arising from actions of CONSULTANT performing services hereunder on behalf of CITY. N. (d) Ceneral 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 policies shall contain language, to the effect that: (1) the 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 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 9 consent of CITY. 11. 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. 12. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. 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. 14. 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 10 to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. . 15. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: Approved As To Form: City Attorney CONSULTANT CITY OF DIAMOND BAR Mayor ATTEST: City Clerk 11 [ RECEIVED 07/29 12:40 1994 AT 909-061-3117 PAGE 2 (PRINTED PAGE 2) ] JUL-29-94 FR1 12:57 P.02 FR1 11:39 ID:CITY Or DIAMOM BAR TEL 1O:?14--661-3117 #239 P02 is. XQLj= ftgnm=i -7rAs Aareement soperssdea any. mad all other a4:ewntsg either oral or in writinar bet+weess the parties with respect to the sect clatter bereiA. Each party to this agreement acknowledges that no rapgosentation by any party which is not embodisd herain nos anY other agreemeatt, statement, or pnoise not c mt:&ined. in this agresoMt anuli be valid and bindiaq, Any modification of this Agreement shall be effective only if it is iu writing sivaed by all parties. nr wzTms 11E wa the Dirties, hereto bare examted this AOMOUnt as of the day ane year first sot- forth abow: Approved As To Yams CITY OF DYANM s%R asty ]GRIMY AT'lwss: ---City es ( RECEIVED 07/Z9 1Z:Z5 199" H' 909-861-3117 PAGE 13 (PRINTED PAGE -Z) 1 MONTGOMERY RIr 2:29 ID:CITY OF DIA9ICNDlkJW ILL NU:�r1a db1 J11'( 29 12:"e Nei 005 P.13 iS. X&== AUZWMWUs 'This Agreement supersedes any and all other agreemtenta, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledge@ that no representation by any party which is not embodied heroin nor any other agreement, statement, or promise not contained l= this-Agromment shall be valid and binding. Any modification of this Agreement shall be effective only it it is in writing signed by all parties. IN WITNE89 WN=07p the parties hereto have executed this Agreement as of the day and year first set forth abovet Approved As To Form: y A Orn ATMT t CONsMUNT ciTy or DIAMCMD SM Yor City Clark 0 ■ Professional Services Agreeme.nf For Environmental Management Services Charles Abbott Associates, Incorporated August 2, 1994 CITY OF DIAMOND BAR 21660 EAST COPLEY DRIVE, SUITE 100 DIAMOND BAR, CALIFORNIA 91765 REQUEST FOR QUALIFICATIONS FOR ENVIRON14ENTAL MANAGEMENT SERVICES RELATED TO THE DEVELOPMENT, IMPLEMENTATION, MONITORING, AND ADMINISTRATION OF AN INTEGRATED WASTZ MANAGEMENT SYSTEM This form is to be returned, with an attached narrative proposal which responds to the specification outlined below, to: City of Diamond Bar ATTN: TROY L. BUTZLAFF, ASSISTANT TO THE CITY MANAGER 21660 East Copley Drive, Suits 100 Diamond Bar, California 91765 Submittal Deadline: Date: July 18, 1994 Time: 5:00 P.M. Proposal submitted by: Name of Company By: Address Signature Name (Typed) Title July 7, 1994 SUBJECT: Interested Firms: 21660 EAST COPLEY DRIVE - Sum loo DIAMOND BAR, CA 91765-4177 909-860-2489 - FAX 909-861-3117 REQUEST FOR QUALIFICATIONS (RFQ) FOR ENVIRONMENTAL MANAGEMENT SERVICES The City of Diamond Bar, hereafter referred to as "CITY," is seeking, statements of qualifications from a limited number of consulting firms, hereafter referred to as "CONSULTANT," for environmental management services, hereafter referred to as "PROJECT." The City Council has heretofore determined that the issuance of multiple permits to qualified solid waste collectors, through the creation of a modified permit system, is in the best interest of the community because it promotes competition amongst companies and grants residents and businesses the right to select the company of their choice. This system, which is structured like a business licensing system, requires any solid waste contractor wishing to providing solid waste collection and disposal services to first obtain a, permit from the City Council authorizing them to provide such services. In addition to providing for the issuance of individual non-exclusive contracts for the collection, transportation, recycling, composting and disposal of solid waste, recyclables and compostable materials, the City's solid waste permit system also establishes an aggressive strategy designed to achieve compliance with the California Integrated Waste Management Act of 1989 (AB 939) and its progeny. Gary H. Werner Clair W. Harmony Eileen R. Ansari Gary G. Miller Phyllis E. Papen Mayor Mayor Pro Tem Councilmember Councilmember Councilmember The purpose of this Request for Qualifications (RFQ) is to solicit proposals from qualified consultants with experience in solid waste management.- practices to assist the City in administering its solid waste permit system and to develop, implement, and monitor programs designed to achieve compliance with state -mandated diversion requirements. The scope of work to be performed by the consultant will include, but is not limited to the following: 1. Review and evaluate all contractual documents and related material for completeness and compliance with the City's requirements and standards for solid waste collection, transportation, and disposal services. 2. Facilitate collaborative implementation of programs identified in City's integrated waste management system and engender the support and compliance of the City's permitted waste companies. 3. Evaluate and monitor City's compliance with state law and mandated diversion requirements. Prepare quarterly reports as needed. 4. Prepare and coordinate an effective monthly monitoring and evaluation plan designed to track and monitor the City's compliance with state mandated diversion requirements. 5. Develop and coordinate, through the City's permitted waste companies, a comprehensive public outreach and technical assistance campaign that heightens awareness and encourages businesses, institutions, and residents to participate in program identified by the City's integrated waste management system. 6. Perform an independent analysis and make appropriate recommendations on the level of support, including staffing, budget and other relevant factors, that will be needed in Fiscal Year 1995-96. 7. Evaluate and coordinate implementation of programs identified in the City's Source Reduction and Recycling Element (SRRE) and Household Hazardous Waste Element (HHWE). 8. Monitor, coordinate, research and respond to state and federal K legislation and regulations affecting the City's integrated waste management system. 9. Serve as the City's primary liaison to the community, local businesses and service organizations (i.e., Rotary, Lions, etc.), the California Integrated Waste Management Board, and other public agencies with respect to the administration of the City's integrated waste management system. 10. Perform any other duties or services as indicated in the Professional Services Agreement and any subsequent contractual arrangement between the City of Diamond Bar and the selected consultant. The Consultant shall be responsible for securing any and all pertinent backup reports, data and information, including technical studies, plans, reports, surveys, and other information necessary for completing this project. The date of completion of all phases of this project, including any and all procedures, studies, surveys, reports, plans, meetings, oral presentations and attendance by Consultant at public hearings regarding this project shall be for a period of 12 months but no longer than June 30, 1995, unless otherwise extended by written approval of the City. •► 1 •ll] 1;1 V, 14,1 The Consultant will be required to allocate a minimum of five (5) hours per week to facilitate on-site consultation and meetings with City staff. ' It is anticipated that the Consultant will be required to attend a maximum of six (6) public meetings pursuant to this project. Any additional meetings will be compensated on a ,time and materials basis. In order to achieve consistency in the review process, each 3 consultant shall submit their qualifications according to the following format: 1. Provide a general description of the range of relevant activities performed by your firm. Limit your response to two (2) pages. 2. Provide a description of comparable work performed for other public agencies. Include the name, address and telephone number of the person(s) responsible for administering that contract. 3. Provide the name, address and telephone number of three (3) references that have been represented by your firm with respect to environmental management services. 4. Identify all personnel who will be assigned to perform the work described herein. Include resumes for each person, describing related experience and similar areas of expertise. 5. Provide a detailed project budget, including a breakdown by type and unit rate for each category of reimbursable expense; (i.e., rates for mileage, reproduction of documents of documents, computer or word processing charges). The project budget shall contain a Not to Exceed (NTE) figure and the hourly rates for the person(s) assigned to the project. 6. Provide an explanation of the approach and methodology used to perform the scope of work outlined above. Include the organization of project personnel and any additional assistance needed from outside sources. 7. Provide any other information about your firm which you believe would be applicable to this project. . The consultant shall submit three (3) copies of their proposal by 5:00 p.m., (PST), July 18, 1994. If you are interested in this project, please submit a statement of qualifications, including relevant work experience and professional capabilities to perform the requested services. Responses should be submitted to the City of Diamond Bar, 21660 East Copley Drive, Suite 100, Diamond Bar, CA 91765. 4 The City shall select a consultant for this project based on a combination of factors, such as: responsiveness and comprehensive- ness of the proposal with respect to this Request for Qualifications (RFQ); past experience with similar projects; approach to this particular project; information obtained from references; and consultant's cost effectiveness. 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 RFQ and may withdraw or modify this request at any time. The selected consultant will enter into a Professional Services Agreement with the City of Diamond Bar. A copy of this agreement is attached. If there are any questions regarding this Request for Qualifications, please contact Troy L. Butzlaff, Assistant to the City Manager at (909) 396-5689. Sin gerely, �ArTerrence L. Belange City Manager TLB:tb:nbw Attachment 5 Professional Services Agreement for Environmental Management Services Charles Abbott Associates, Incorporated August 2, 1994 QUALIFICATIONS TO PROVIDE ENVIRONMENTAL MANAGEMENT SERVICES CITY OF IAMOND BA JULY 189 1994 submitted by: CHARLES ABBOTT ASSOCIATES, INC. CAACHARLES ABBOTT ASSOCIATES, INC. July 18, 1994 Mr. Troy L. Butzlaff Assistant to the City Manager City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, CA 91765 RE: REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL MANAGEMENT SERVICES Dear Mr. Butzlaff: Thank you for the opportunity to respond to your Request for Qualifications (RFQ) dated July 7, 1994. Charles Abbott Associates, Inc. (CAA) is a full service engineering and management consultant firm with extensive experience and understanding of AB 939. We are pleased to provide the enclosed response which is tailored to meet your specific needs. As you are aware, CAA currently provides the City of Diamond Bar (City) with professional services to implement it's AB 939 program. If selected as your Integrated Waste Management Coordinator, CAA will carry out the mission of assisting the City in maintaining compliance with respect to the AB 939 short term target of 25% diversion by January 1, 1995, and implementing new programs designed to initiate incremental progress toward the year 2000 target of 50% diversion. We look forward to the opportunity of serving the City in this very important work effort. If there are any questions, please feel free to contact me at (310) 212-5778. Sincerely, CHA LES ABBOTT ASSOCIATES, INC. Ged�z S e A. We Senior Vice President MANAGEMENT AND ENGINEERING PROFESSIONALS 371 van Nesi Way • Suite 200 • Torrance, CA 90501 • (310) 212-5778 FAX (310) 212-0993 Offices in Apple Valley, Chino Hills, Diamond Bar, Hidden Hills, Laguna Niguel, Moorpark, Palos Verdes Estates, Rancho Palos Verdes, Santa Ana, Twentynine Palms, Yucca Valley and Yucaipa printed on recycled paper CITY OF DIAMOND BAR 21660 BAST COPLEY DRIVE, SUITE 100 DIAMOND BAR, CALIFORNIA 91765 REQUEST FOR QUALIFICATIONS FOR ENVIROIE lIR'AL MAKAG000 ' SZRVICZS RELATED TO THE DZVZLOIWLMWATION, MONITORING, AND ADMINISTRATION OF AN INTE MATZD WASTE MANAGEMENT SYSTEM This form is to be returned, with an attached narrative proposal which responds to the specification outlined below, to: City of Diamond Bar ATTN: TROY L..BUTZLAFF, ASSISTANT TO THE CITY MANAGER 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765 Submittal Deadline: Date: July 18, 1994 Time: 5:00 p.m. Proposal submitted by: Charles Abbott Associates. Inc. Name of Company By: 317 Van Ness Way. Suite 200 Address Name (typed) Senior Vice President Title TECHNICAL AND COST PROPOSAL Charles Abbott Associates, Inc. (CAA) is pleased to submit this proposal to the City of Diamond Bar (City) in response to a Request for Qualifications (RFQ) for Environmental Management Services. The information which follows is presented in the format and order requested by the City on pages three and four of your RFQ dated July 7,1994. 1 GENERAL DESCRIPTION OF CAPABILITIES In this section, a general description of Charles Abbott Associates, Inc. (CAA) is presented. Charles Abbott Associates, Inc. (CAA) is a Los Angeles area -based engineering and management consulting firm with particular expertise in environmental management, solid waste and recycling, and air quality, while specializing in contractor services with cities for public works, city engineering, building and safety, and planning. Formed in 1984, CAA has a staff of over 60 employees in offices located throughout the Los Angeles area: Headquarters: Charles Abbott Associates, Inc. 371 Van Ness Way, Suite 200 Torrance, CA 90501 (310) 212-5778 Regional Offices: 27752 El Lazo Road, Unit B 16209 Kamana Road Laguna Niguel, CA 92656 Apple Valley, CA 92307 (714)362-3820 (619)240-7913 1470 S. Valley Vista Dr, #140 111A Poindexter Diamond Bar, CA 91765 Moorpark, CA 93201 (909) 860-3566 (805) 529-3940 CAA is an independently employee owned corporation operated by its principals. The skills of the organization are varied including structural and design engineers, civil engineers, planners, environmental managers and engineers, systems managers, and transportation managers. CAA owns a design and civil engineering firm named Dwight French and Associates, located in Diamond Bar, that has experience in solid waste facility design including transfer station design. In addition, CAA has applied these skills Dwrond ear Proposal 2 July 1a,1994 CITY OF DIAMOND BAR 21660 EAST COPLSY DRIVE, SUITS 100 DIAMOND BAR, CALIFORNIA 91765 REQUEST FOR QUALIFICATIONS FOR ENVISERVICES RELATED TO THE DEVEL0Vmzw, LZMZNTATION, MONITORING, AND ADMINISTRATION OF AN INTEGRATED WASTE MAMAG==T SYSTEM This form is to be returned, with an attached narrative proposal which responds to the specification outlined below, to: City of Diamond Bar ATTN: TROY L..BUTZLAFF, ASSISTANT TO THE CITY MANAGER 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765 Submittal Deadline: Date: July 18, 1994 Time: 5:00 p.m. Proposal submitted by: Charles Abbott Associates, Inc. Name of Company By: 317 Van Ness Way. Suite 200 Address Name (typed) _Senior Vice President Title in numerous management and technical projects in solid waste management and recycling. This broad spectrum of expertise allows CAA to offer specialized information and recommendations that satisfy a diversity of needs and situations. Implementation requires a comprehensive understanding of critical program aspects, including materials collection/ processing technologies, public education, community awareness, and secondary market conditions. A basic strength of CAA lies within its ability to manage complex and difficult projects. As a city contractor for nearly two dozen jurisdictions in the LA basin, CAA provides expert public works, engineering, and planning services. Through this approach, jurisdictions receive the expertise and understanding of several engineers and planners, while paying for only one or two positions. This approach has worked well in implementation of AB 939 plans for an increasing number of cities. 2. PARTIAL DESCRIPTION OF COMPARABLE WORK PERFORMED FOR OTHER PUBLIC AGENCIES: CAA has completed numerous projects and provided staff support to several City's related to AB939. The following is a partial list of projects currently under contract along with related contacts. Administration of integrated waste management system for City of Diamond Bar (existing contract), including backyard composting, hauler administration, used oil collection, curbside recycling expansion, multi -family sector recycling, and commercial sector recycling - Troy Butzlaff, Assistant to the City Manager, City Manager's Office, 21660 E. Copley Drive, Suite 100, Diamond Bar, CA 91765; (909) 396-5689 Evaluated residential and commercial solid waste rate structure in City of Lakewood; implemented residential sector recycling program (1992) - Carl Brooks, Public Works Director, City of Lakewood, 5050 N. Clark Avenue, Lakewood, CA 90712; (310) 866-9771 Evaluated and developed rate structure for AB 939 program financing in the City of Montebello; developed and implemented AB 939 commercial sector recycling program; negotiated curbside recycling and green waste collection program/ contract (existing contract) - Ayyad Ghobrial, Public Works Director, City of Montebello, 1600 Beverly Blvd., Montebello, CA 90640; (213) 887-1465 Dmrwnd eu PrWc&,d 3 July is. 19% Consultation for developing the residential recycling program for the City of Compton (existing contract) - Regina Murph, General Manager, Water Department, 205 S. Willowbrook Avenue, Compton, CA 90220; (310) 605-5595 Analyzed MRF and recycling options in City of Covina (1992); Developed bid package for curbside collection services in Covina (1992); Commercial sector and multi -family residence sector AB 939 implementation services for City of Covina (existing contract) - Wayne Dowdey, Manager, Environmental Services, City of Covina, 125 E. College, Covina, CA 91723; (818) 858-7250 • AB 939 implementation for City of Palos Verdes Estates, including backyard composting (existing contract) - Jim Hendrickson, City Manager, City of Palos Verdes Estates, 340 Palos Verdes Drive West, Palos Verdes Estates, CA 90274; (310) 378-0383 • AB 939 implementation for City of Rancho Palos Verdes (existing contract) - Trent Pulliam, Public Works Director, City of Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90274; (310) 541-6500 • AB 939 implementation for City of Lawndale (existing contract) - Mike Kapanpour, Public Works Coordinator, City of Lawndale, 14717 Burin Avenue, Lawndale, CA 90260; (310) 970-2166 • Administration of integrated waste management program for City of Gardena (existing contract) - Ledra Sanchez, Recycling Coordinator, City of Gardena, 1700 W. 162nd Street, Gardena, CA 90247; (310) 217- 9570 • Development and implementation of commercial sector, multi -family residence sector, and school recycling program for City of Torrance (existing contract over 2 years) - Arlene Barco, Waste Management Coordinator, City of Torrance Streets Department, 20500 Madrona Avenue, Torrance, CA 90503; (310) 781-6900 • Implementation of AB 939 program for City of Bradbury - Keene Wilson, Public Works Director, City of Bradbury, 600 Winston Avenue, Bradbury CA 91010; (818) 358-3218. Additional project descriptions can be provided at the City of Diamond Bar's request. Dwn«,a eu erg 4 July is, 1994 3. PROVIDE NAME, ADDRESS, AND TELEPHONE NUMBER OF THREE REFERENCES CAA is pleased to provide the City of Diamond Bar with the following references. Ayyad Ghobrial, Public Works Director City of Montebello 1600 Beverly Blvd. Montebello, CA 90640 (213) 887-1465 Jim Hendrickson, City Manager City of Palos Verdes Estates 340 Palos Verdes Drive West Palos Verdes Estates, CA 90274 (310) 378-0383 Arlene Barco, Waste Management Coordinator City of Torrance Streets Department 20500 Madrona Avenue, Torrance, CA 90503 (310) 781-6900 Please refer to any of the listed clients shown in section two above for additional references. CAA is also pleased to provide additional references at the City's request. 4. IDENTIFY ALL PERSONNEL ASSIGNED TO PERFORM THE WORK Brief capsule resumes of CAA personnel are provided below. In addition, CAA maintains a network with a number of key consultants who are available to provide expert services on an as needed basis. • George Wentz, P.E., Senior Vice -President Mr. Wentz has over twenty years of experience in the public sector. His work experience covers the expanse of the public sector from the city and local levels to the county, state and federal levels. His managerial expertise covers many city department director's positions. Diamond Bar Proposal 5 July is,1994 Mr. Wentz established the solid waste division for CAA and has worked extensively on AB939 related projects. He has worked with over 20 cities in the establishment and implementation of their SRRE's. He has written and authored numerous articles and reports. As a Principal, Mr. Wentz will monitor the timeliness and quality of work performed, identification of solutions to problems, review work products and their implementation. J. Michael Huls, Project Manager Mr. Huls has considerable and innovative experience in virtually all facets of solid waste and environmental management. He formulated, directed, and managed SRR elements for 49 cities during 1991-92. He investigated the feasibility of a 1,000 tpd MRF in the City of Bell. He administered the City of Diamond Bar's Integrated Waste Management System during the period of 1993-94. Mr. Huls a recognized expert in reduce, reuse and recycling programs. He is an original founder of the National Recycling Coalition, co-founder of the California Resource Recovery Agency; co -writer of over 50 SRREs, including the City of Diamond Bar's; implemented numerous curbside recycling, green waste, drop-off, and multi -family and commercial sector recycling programs; and is an internationally recognized consultant to foreign governments on waste management and recycling. Catherine Rosen, Project Engineer Ms. Rosen is a Professional Engineer specializing in municipal public works and solid waste management. Her background and experience include solid waste systems assessment,. program design and procurement, data analysis, and general project management. With nearly ten years experience as an engineer, her experience in the public sectors covers a broad range of responsibilities including management of major construction projects, policy development and implementation, data analysis and model development as well as fiscal mana®mnent. Selena Robinson, Principal Investigator Ms. Robinson is the Environmental Affairs Coordinator for CAA. She has considerable experience in public education and outreach programs. She will be responsible for planning, developing and implementing all public outreach and education efforts related to the City's programs. Diamond Bar Proposal 6 July 18, 1994 She is canintly conducting most of the direct activities in recycling incl y sector recycling for the City of Diamond Bar under CAA'$ eftg contract Ms. Robinson will continue to be responsible for sevcmLc*4 qday today activities that will need to be completed. Resumes as included at the end of our proposal. S. PROVIDE A DETAILED PROJECT BUDGET CAA's cost of services will cost not -to -exceed $19,900 including all expenses for fiscal year 199495. Our estimated hours and costs are detailed by task below. The following budget is proposed by staff member. CAA will charge it's services on an hourly basis not to -exceed the total project oust, Ptq. Man. PM. Egr PM- Spec. Total Dollars Hn Hrs Hrs EM Task 1 a 6 Principei-sas . V.P. 10 $ 11020.00 Task 2 • 8 $90a/hr 26 $ 1,968.00 Task 3 = 8 9 26 $ 1,968.00 Task 4 - 10 11,424.00 20 $ 1,860.00 Task 3 - 6 4 32 $ 2A56.00 Task 6 a 6 8 $ 924.00 Task 7 n 24 5 100 $ 7AS5.00 Task 8 - 6 8 $ 924.00 Task 9 = 6 8 $ 924.00 Task10• 4 The following budget is proposed by staff member. CAA will charge it's services on an hourly basis not to -exceed the total project oust, Mileage, 0$0.32/mi, estimated 800 miles 256.00 Material and Supplies estimated MAX Subtotal- $421.00 Total Costa Mot to wMw NM Rpm]$19,900.00 DbM"ftrPMPC* 7 j*x"M Budg" Table Direct Cosi$ i F EM am law Principei-sas . V.P. $145.00/hr N/C $-0- ProlwMetw $90a/hr 80 7,M00 Project Sf P5.00/hr 9 &85.00 Projeot$pectelist $U.00/hr 238 11,424.00 Subtae4 327 $19,479.00 OthoMed Coat (lnclndes 13°X. Wministrativo fee if applicable) Mileage, 0$0.32/mi, estimated 800 miles 256.00 Material and Supplies estimated MAX Subtotal- $421.00 Total Costa Mot to wMw NM Rpm]$19,900.00 DbM"ftrPMPC* 7 j*x"M 6 PROVIDE AN EXPLANATION OF THE APPROACH AND METWDOLOGY Our intent is not to simply conduct studies, but rather to take specific actions to implement the City's programs, tailored to your specific needs and priorities. We are confident that we will help the City save money in its implementation efforts and provide the practical actions needed to demonstrate short-term diversion compliance as well as begin the process of achieving medium-term diversion goals identified in the City's SRRE. Program Overview and Theme CAA proposes to assist the City by acting as its Integrated Waste Management Coordinator. CAA will take responsibility for recommending courses of action to the City Manager and providing staff support to designated staff at the City to implement the AB 939 program. In addition to the specific tasks that will be completed for the City, there is the opportunity to capitalize on the work CAA is currently performing in other East San Gabriel Valley area cities. You can expect benefiting by: having regional information shared with the City; identifying cost-sharing approaches with other cities in the area that may benefit the City; and locating other funding sources or other resources to help reduce overall City costs for various programs. CAA also recognizes that the City desires to limit its overall expenditures for administration and as such CAA will work to provide optimum services at the least possible cost. We will also keep the City staff fully informed of our activities at all times, and only undertake specific activities that have the full support of the City. Program Tasks The following are specific tasks that CAA will undertake. Tasks have been organized according to the RFQ. Diamond Ber Proposal 8 July 18, 1994 Task. 1 --. Review and evaluate all contractual documents and related materials for completeness and compliance with the City's requirements and standards for solid waste collection, transportation and disposal services. CAA has conducted this task on behalf of the City for the initial year of the refuse haulers', permit system. CAA helped to devise the permit completeness and technical review approach, based on several years of experience in this area for a number of cities and other agencies. CAA will continue to conduct the task in a timely and complete manner at a minimum of cost to the City. CAA is thoroughly familiar with the haulers in the community, the priorities of the City and all documentation related to the permit system. Task 2 -- Facilitate collaborative implementation of programs identified in the City's [SRRE] and engender the support and compliance of the City's permitted waste companies. CAA supports the concept of collaborative implementation of AB 939 programs and it has executed all Diamond Bar program efforts in this manner over the last 18 months. CAA will continue this effort through consistent and regular communications with the haulers and the generators of the community. CAA proposes to conduct periodic seminars with various segments of the community including businesses, multi -family residences, and the haulers to alert members of the community to opportunities in waste disposal avoidance. Based on CAA's expertise with the hauling community, permitted haulers will be encouraged to undertake several programs designed to reduce costs to the community while diverting wastes from landfilling. Task 3 — Evaluate and monitor City's compliance with state law(s) and mandated diversion requirements. Prepare quarterly reports as needed. CAA has evaluated and monitored the City's compliance with state law AB 939 and amending legtslation since early 1993. CAA Project. Manager Michael Huls, REA, was also the principal author of the City's SRRE. AS such, our staff is thoroughly familiar with the programs and approach desired by the City. The process includes a streamlined implementation program divided into two segments, residential and commercial. The goal is to continue to implement programs that satisfy state mandate, other regulating agencies, City residents and businesses, and the City Council. Diamond Bar Proposal 9 July 18.1994 CAA will prepare regular quarterly reports and is prepared to assist the City to comply with any Notices of Deficiency that may arise from the CIWMB relative to their approval of the SRRE. Please note that while substantive changes to the SRRE are not within the scope of work envisioned by the RFQ, CAA is prepared to make any minor changes required by the CIWMB within our proposed budget. Task 4 -- Prepare and coordinate an effective monthly monitoring and evaluation plan designed to track and monitor the City's compliance with state -mandated diversion requirements. CAA staff is currently working with the City and tracking progress of the City with respect to the AB 2494 disposal based monitoring system. CAA has been working closely with the haulers on regular monthly monitoring of progress, and will continue to do so. CAA is also advancing the concept of micro -data management of routes (through GIS mapping) and working to implement such a program through the cooperation of the haulers. The purpose is to identify potential "hot - spots" of wastage (to configure probable routes for recycling) and to determine where if any needs are located with respect to improving material recovery (i.e., lowering contamination, increasing participation, etc.) through education and consumer awareness. Task 5 --Develop and coordinate, through the City's permitted waste companies, a comprehensive public outreach and technical assistance campaign that heightens awareness and encourages businesses, institutions and residents to participate in programs identified by the City's integrated waste management system. In 1994, CAA initiated a comprehensive public outreach and technical assistance campaign focusing on recovery programs that heighten awareness and encourage participation based on enlightened self-interest. Already, several seminars have been held with multi -family residence complexes, and programs are now being devised to integrate recycling into standard operating practices of the complexes. The campaign will be devised in concert with the City to create awareness of the need to divert materials away from landfilling, especially in light of the issue concerning the Industry MRF, whose existence is solely based on the "disposal crisis." Dina Bar Pwposg 10 Jly is, 1994 Task 6 r- Perform an independent analysis and make appropriate recommendations on the level of support, including staffing, budget and other relevant factors that will be needed in Fiscal Year 1995-%. CAA has previously conducted two similar independent analyses and made appropriate recommendations on the level of support for appropriate fiscal years. These projections have been very accurate and have helped in the diversion of materials and contributed to the existing diversion rate. CAA will work with the City staff in preparing relative recommendations and documentation for future requests and projections. Task 7-- Evaluate and coordinate implementation of programs identified in the City's SRRE and HHWE. This is the substantive task of the RFQ's scope of work. CAA will undertake and continue implementation in a collaborative manner with haulers the programs proposed within the SRRE and streamlined by CAA during 1993. The programs to be developed or continued, and implemented based on the SRRE include as a minimum: • education and consumer awareness campaign • multifamily residence sector recycling • business sector recycling • buy recycled campaign • reduce hazardousness and toxicity of the wastestream campaign CAA will prepare an implementation plan for each item and be responsible for assuring that the programs are followed up on and .properly initiated. Task 8 -- Monitor, coordinate, research and respond to state and federal legislation and regulations affecting the City's integrated waste manasement system. During the course of the project, CAA will monitor and research legislative and regulatory developments at all levels of government. CAA routinely does this for its clients, and extends this service to the City of Diamond Bar. In addition, CAA maintains regular and frequent communications with CIWMB and other regulatory staff to obtain up to minute and relevant information of importance to the City. Dmwnd Bar Proposal 11 July 1s, 1"4 Task 9 -- Serve as the City's primary liaison to the community, local businesses, and service organizations (ie Rotary, Lions, etc), the CIWMB, and other public agencies with respect to the administration of the City's integrated waste management system. CAA has consistently served as a primary liaison to the community and regulatory agencies on the City's behalf. CAA will continue this "open door" policy if awarded the contract to serve as the Integrated Waste Management Coordinator for the City. Because of our regional involvement in the AB939 process, the City of Diamond Bar will be able to capitalize on CAA's experience and research. Task 10 -- Perform any other duties or services as indicated in the Professional Services Agreement and any subsequent contractual arrangement between the City of Diamond Bar and the selected consultant. There may arise from time to time various duties and services required of CAA that are not covered in the Tasks 1 through 9 above, but are indicated in the PSA and any other subsequent contractual arrangement. CAA will work with the City to respond to any additional support you may request and we will dutifully carry out the requirements of the contract in the strictest professional manner at the least cost feasible to the City. Task 11-- Attend public meetings as directed. CAA staff will attend pubic meetings as required by the City. Attendance at six (6) public meetings are included as part of this proposal. Additional meetings will be charged on a time and materials basis. 7. PROVIDE ANY OTHER INFORMATION CAA is a full service consulting engineering and management firm that is fully capable of supporting the City to meet the goals of AB 939. CAA is currently under contract with several cities to perform that exact function. CAA fully understands the requirements of the law, and is prepared to develop and carry out all activities required to enable the City to achieve the diversion mandates or to demonstrate beyond a reasonable doubt a "good faith effort," if goals are not achieved due to extraordinary circumstances. Diamond Bu Proposal 12 July is. 19% CAA will act as the City's integrated waste management coordinator in shaping, implementing and monitoring the overall source reduction and recycling program. It will act under the City's authority to assure that the haulers and recyclers are implementing the specific programs promised, and for which activities the haulers and recyclers have been granted authority to perform by the City. CAA will maintain a presence in City Hall at the discretion of the City for an amount of time to be mutually agreed upon per week, but be no less than 6 hours weekly, for the purposes of administering the source reduction and recycling program. CAA maintains extensive computer hardware and software support to serve the City. We are literate in both the PC and Macintosh environment to capitalize on any and all systems which might best serve our clients. We also have modem capability to communicate with the City of Diamond Bar's existing system, as well. CAA has also developed software that can track and monitor diversion on a geographic basis. CAA will provide the CALink Letter to the City of Diamond Bar at no additional cost during the term of the contract. CAA does not propose to perform any services which may cause a conflict of interest in performing the services for the City. CAA's insurance's meet or exceed the City's requirements. Diamond Bar Proposal 13 July 18, 1994 GEORGE A. WENTZ, P.E. Principal EDUCATION: Bachelor of Science, Civil Engineering, Michigan State University REGISTRATION: Professional Engineer, California, Nevada, Arizona, Michigan, and Colorado PROFESSIONAL AFFILIATIONS: Member, American Public Works Association National Society of Professional Engineers International City Management Association Institute of Administrative Management Professional Engineers in Government California Society of Professional Engineers Colorado Society of Professional Engineers Michigan Society of Professional Engineers PROFESSIONAL HISTORY: SUMMARY Mr. Wentz has over a twenty-year professional background in managing, directing, administering and supervising government related projects. Mr. Wentz's public sector experience includes both management and "hands-on" related responsibilities. Mr. Wentz has worked with cities, counties, state, federal and regional governments with demonstrated experience in functional areas such as: • Planning, organizing and directing governmental public works and engineering functions; • Directing and supervising engineering, traffic, public works, maintenance, water/wastewater, parks maintenance and building and safety activities at a local government level; • Conducting management and performance audits and'studies; • Developing management systems for maintenance, pavement, construction, equipment, engineering, project planning and other applications; • Computerizing management systems; • Developing financial accounting, revenue tracking and budgeting systems; • Directing and completing projects related to solid waste management services and contracts; • Directing projects to improve productivity, operations and/or staff performance; • Establishing facilities and building maintenance management procedures; • Managing utilities and inspection procedures; GEORGE A. WENTZ, P.E. Principal • Managing vehicle/fleet operations; • Dealing effectively with commissions, councils, local or state level representatives, the public and the media; • Overseeing transportation operations and facility management for a number of cities; and • Directing and evaluating transit operations. 1985 - Present CHART -IM ABBOTT ASSOCIATES. INC. ftindialftgiect Supervisor. Mr. Wentz is a principal of the firm. He administers management aspects of the firm and acts as principal in charge of various projects. Mr. Wentz directs the Public Works contracting projects of CAA. At the present time CAA is the maintenance contractor for the Cities of Apple Valley, Palos Verdes Estates, Rancho Palos Verdes and Laguna Niguel. Mr. Wentz has contracted as Director of Public Works, City Engineer, and Redevelopment Agency Engineer. He has most recently directed Public Works and City Engineering operations in the City of Diamond Bar. In the last year, he directed and administered public works and building services in Chino Hills and Rancho Palos Verdes. Contracting activities under the supervision of Mr. Wentz have included direction of all public works, city engineering, and building safety operations for CAA's clients. Responsibilities include: administration, engineering, permits, street maintenance, parks and recreation, building safety, traffic and safety, and Peninsula transit and Dial -A -Ride services. He is utilizing public works management and pavement management techniques to direct operations. Mr. Wentz is responsible for developing multi-million dollar capital improvement plans for the cities. Mr. Wentz interfaces with the City Councils, committees, neighborhood citizen groups, neighboring cities, and other agencies to administer city services. Mr. Wentz also works closely with the city Planning Departments to provide"input into future development projects from an engineering perspective. Additionally, Mr. Wentz coordinates closely with Recreation and Parks Departments to assure effective management and service levels at parks, grounds and buildings. 1981 - 1985 WENTZ AND ASSOCIATES. INC. int. Specialized in consulting services to public sector clients. Mr. Wentz has directed and managed numerous projects to assist clients in improving management practices or services. Representative experience includes: Aurora_ Colorado. Mr. Wentz developed a maintenance management system for Public Works to plan and program street maintenance and rehabilitation programs, forecast public works budgets, staffing levels, equipment purchases, improve employee performance productivity and evaluate progress. He supervised over seventy employees. As Acting City Traffic Engineer, Mr. Wentz directed all traffic engineering functions for the City. As Representative on the Planning and Zoning Board, he directed improvements in the services being provided by the department. Mr. Wentz managed the development, design GEORGE A. WENTZ, P.E. Principal and funding of a new five million dollar maintenance facility. He represented management at Council, State and various public meetings. • The system developed for the City of Aurora was one of the first successful microcomputer -based management systems. Additionally, Mr. Wentz was responsible for developing new techniques to fund public works programs, improving community relations, and improved management practices. • Colorado Hig way Deet. Implemented a statewide engineering/construction management system to forecast short and long range road project needs, funding and cash flow. Directed all activities with top management. Reduced project planning time and increased productivity without increasing staff. • Macomb County. Directed management and development of computer systems for: Finance/accounting procedures, job costing, project planning, fleet management, road and street maintenance, inventory control, asset control, inter -governmental management, service evaluation and monitoring, and citizen response procedures. Mr. Wentz was responsible for serving public sector clients in the southwest U.S. region. Conducted and managed feasibility studies, financial accounting systems, personnel/management classification review and management audits. Sample work included: • Oklahoma City ParkingAuthorial. Assisted in evaluating practices, revenue collection procedures and insufficient parking related problems. Prepared detailed report to Authority. Denver PIgional Council of Governments (DRCOG). Developed methods for equitably distributing funds to communities. Developed now criteria to be used for allocation programs of funds to local governments. • Grand Prairie. Texas. Organization and management audit for the City Manager. Included public works, engineering, police, fire and planning. ReghlHal Director. Directed midwest regional operations for the firm. Involved in numerous management system projects such as street maintenance, water and wastewater, construction and similar projects. Directed a major project in New Mexico for the Highway Department plus other city and county government projects. Worked with top level administrators in New Mexico to develop maintenance, preconstruction, engineering, and construction management systems. The management system was adopted by the Federal Highway Administration for nationwide implementation. GEORGE A. WENTZ, P.E. Principal Developed the first successful project management system in the country which was implemented and recognized nationwide. Highwn Maintenance Engineer. Responsible for overseeing work management systems for the State Highway Department. Budgets were in the amount of $14 million in 1978. Worked with some thirteen counties to assist them in improving their operations. Worked closely with legislators to secure funds for programs and implement improvements. Performed engineering related activities. PUBLICATION: "A Graphic Presentation for Preconstruction Management," American -Association of TranogUgm Officials, 1979. I MICHAEL HULS, R.E.A. ENVIRONMENTAL MANAGER EDUCATION: Bachelor of Arts, Environmental Geography -Earth and Marine Sciences, California State University, Dominguez Hills REGISTRATION: Registered Environmental Assessor, California, #01832 PROFESSIONAL HISTORY: Mr. Huls has over cf ghu= years of professional experience in all facets of industrial and municipal hazardous and nonhazardous waste management, both domestically and internationally. His expertise ranges from source reduction to land disposal, with many years of focused project expenence n source reduction. recycling, and composting. The World Bank, the US Env-oumentai Protection Agency, the Chemical Manufacturers' Association, and numerous private and public sector clients have benefited from his advice. In addition to anthoeing or co-authoring over 600 teehnic al reports through Mr his career, W. Huls was iosttttmeatal in the founding of the National Recycling CC the California Resom a Recovery Association, and the Houston Recycling Council. As an environmental edum r, he has lectured at Duke University, California State Univeraitilm and Houston Community College, During 1990. he presented the keynote address at the 14th Miami Conference on the Caribbean, Environmental Session, and conducted an island -wide sammar for the Country of the Bahamas. Environments -Udans= all facets of Mr. Buts provides CAA with bey expertise and experience in precyciing and recycling. His background includes years of experience woridng in indo:cgr roti public service. His skills include program design. development and implementation, speciaiiad research, waste chaterizadoa, market development, and regulatory c omiiaaoe. From the period of May through July, 1992, Mr. Huls conducted special studies for a number of clients. Project included a rate collection study for the City of Lakewood, analysis of roeyciing op o: and development of recotttnendations for the City of Covina, deve.iopmsnt of a bid package for curbside collection. again for the City of Covina, and xPo0cadon and funding of the 1992-93 AB 939 program for the City of Palos VerdniFststes. In a ;rant writing capacity, he prepared four major grant applications for clients including: the Cohn -Samoan Church: the cities of Bell. Huntington Fork Cudahy, and Maywood; the city of Covina; and 16 cities forming the East San Gabriel Valley Solid Waste Management Joint Powers Authority. In addition, he played a formative role in market development for 13 cities in Orange County, and was a prune mover in a major recycling conference held in Long Beach at the Queen Mary during July that was attended by over 1100 recyclers. M_ nations. Managed the Los Angeles operations of the international consaiting iqvm Resource Integration Systems. Ltd, based in Toronto, Ontario. Canada. Under his noanageaxat, the ofi%e earned over $1 million in contracts daring fiscal yes 1991. emflOYMj over twenty people in Los Angeles and the Regional Headquarters in Portland, Oregon. He was responsible for business development and mau3tenaaca. client relations, and technical di:+ecnon for RIS' activities in the Southern California area. He regularly interfaced with State., regonal, and local governmental agencies, and the private sects including recycling marinas, hauiers;, and vendors. His projects included the following: Cityof Br& Directed, manyed, and invests the feasibility of 1000 ton -per - day materia recovery facility (MRF) for t City during 1991-92. Mr. Huls conducted specialized swdy into the technical and economic feasibility, including design issues, siting issues, mvi:oomatt@I immix, coat esdmadon, waste flow and markets, institutional atangamems and ownership op000s, and plaamng. of EMCON ted_Salid Ware Mana�r Wena OMM During x Manager by co matt for the consultant team composed Clements Engineers. and RM Led team on development sad the Conan► in the area composing itcctiy for development of and tea- Condom of AB 939 plans for twenty -mo cities southeastern Los Angeles County. D recycling, c�omposmnw. svemce reductio public hearings and re=olar Groep meadngs. During 1990-92, Deputy Project anger by wow= fair the teatn composed of EMCON SoutirwreK= and RIS. Di awd davelapmant of AB 939 plans for sixteen cities and the m the East Sot Gabriel Valley in Los Angeles County. Directly tes�ootaiys� devexlopmasn of recyclin& composting. source reduction and educsnoaai . Conducted poblie hearings and regular JPA meetinP- S s. SOut_h_ Bav Cit Taint Powers Authmity. Iburing 1990-92, Deputy Project Manager by cxtattract fax the eonsuitut team composed of EMCON Southwest and RIS. Dheewd ds+reelopmartc of A8 939 pifor sit cities and the County in the South Bay atma of Los Angeles Courcy. Day respoosib1e fur development o g, JP� educational components. Peni.■r■ , QAdW _4� Waste Mat>' + ±r_ (_*rests (A WMM, During 1990-92, direct and manage& the consultant team composed of RIS and Clements Engineers for the four cities cotWxdng the PCSWMG. Directed development of AB 939 and AB 2707 plans for four cities on the Palos Verdes Peninsula. Directly responsible for full development of Source Reduction and Recycling Element and the Household Hasa tions Waste Qemettt for each city. Conducted public hearings and regular JPA meetings. 1990__19_91, WQODW RD.(_L.YD . C'DNS LTANTS Pmitet SciMti&Prior to joining RIS, Mr. Huls was employed by Woodward -Clyde as a Project Scieamt out of their Santa Ana office. Under the direction of Alistaire Callender, Ph.D., an Associate and Vice President at the firth, he performed numerous environmental site a:aesameats and hazardous waste and ' materials investigations for private sector cheats in the manufacturing, financial and real estate industries. Mr. Huls' most notable project during his tenure was directing and managing a site assessment and clean up of a diesel fuel spill at the ca rpmm headquarters of a major Los Angeles banking carpoarzdon. His work included site assesst:seat. remedial actions and regulatory agency interface to bring the environmental, contamination incident to a successful closure, including obtaining all, agency approvals for site clean-up. This involved working with the SCAQMD, the L.os An Fire Department, the Regional Water Quality Control Board, and the Los AngelesDep u=mt of Health. He also performed a III ausive environmental audit for Eaton Corporation that involved all the firm's ma)ot facilities in Califtwo. The aerospsewpharmaceuticals firm was evaluated forenvironum ail compliance under all. narionai and state standards and regulants including tanks, health and safety, air quality, water and storm water quality, and past and present waste management practices. PREVTntIS ASS?r AffJ S Prior to his wont with the above-mentioned hems, Ms. Huls has worked in the consulting field as anindependent coaaacwr, as owner of his own consulting practice (Secondary Resource Development Com), and as an employee with such Srms as Harding Lawson Associates, SCS P-Miaeere, PES rMll and Engineering Science. A few of his move notable ps+ojecss are detailed below. World Bsek/CTnited Natio Faviiannt Prig. During 1981-1984, he Consultation dadpt and impl on of a global resource recovery development peopam fee the moana000ai banking agency. He prepared a state- of-the-art study of recycling andcomposing technologies worldwide and a historical review of recycling and solid waste mans nement in the United States over the peat 200 yeas. 'This included a state-of=the-ltteratu+e review that covered over 100,000 litau own doss and culminated in an annotated bibliography of 250 documents, 1987. he resealed sad prepared a state-of-the-art study of industrial --a- g a for the agency. This included prepaation of over 100 can studies worldwide. US Daenem of Defense_ W. Huls prepared designs for curbside collection and dw off recycling systems at twelve military bases in the Untied States d Is Netherlands Antilles. For Penfold-Braswell. a Venezuelan firm, Mr. Huls sited. designed, and specified three landfills for municipal waste disposal on islands of the Caribbean during the early 1980's He final designs, coat estimates. and landfill specifications, operational s, eucavanon requirements. equipment and labor requirearents, final and interim cover design, and surface water drainage and diversion systems. At present, two of the three designs have been implemented. Chemie Ma ufacturers' Associatinn (QNA e) He evaluated landfill and incineration technologies for the agency and prepared a plant manager's user manual for selecting one technology or the other for hazardous waste rnana900= Over 1,000 documents were distributed by CMA during -1982. W. Huls helped implement the EPA s offim wauepaper recycling prOgmat dining the late 1970's. He prepared a report to Congress on the recovery of gym and plass wastes in 1978. He developed the EpA's hazardous waste maoa�t f ry pmt system durin incl including p:eparadon of the OMB clearance for the re g Fnally. he was P�Se regulations. Program Manager for Harding Lawson under contract to the agency where he fid,nmnlmad and/ee performed over 400 projects during a three -Yea:' period in the mid 19 s for RCRA implementation including technical permit reviews of HWM facilities and laodl0l cam, Atlantic Cnunrv. New lersev. He directed a 1982-83 waste characterization study for the County in which indns =4 c and residentisl wastes and sources were evaluawdd� a your -long study. He designated the apprn�, trained samplers. and all field acdvities dist sorted over 17 coos of solid waste. About 36 categories of waste were identi$ed. including broad categories of recyclables, burnables, compostables, and recoverables. Every truck was identified for volume and origin, and naive vehicles were weighted to. obtain conversion —MSWIM He pertOrmed numerous mol audits on behalf of the firm of disposal and recyclin wast to evaluate the liability of using their operations fbr recycling. 'This included nearly all major disposal sites in North JGWcj, and mmy solvent racyclem, In addition, he evaluated the waste mininussdon potaentiai for IBM at complexes located in Texas. CATHERINE L. ROSEN, P. E. Project Engineer EDUCATION: Bachelor of Science Degree, Civil Engineering, University of Nevada REGISTRATION: Professional Engineer, California CERTIFICATION: SCAQMD Regulation XV PROFESSIONAL AFFILIATIONS: Society of Women Engineers Tau Beta Pi PROFESSIONAL HISTORY: SUMMARY Ms. Rosen has an excellent background in engineering and planning, possessing over twelve years of responsible experience in public agencies. She has been responsible for the management of personnel, funding, conducting economic analysis and coordinating consultants' work as well as designing public works projects. Recent projects include: • Supervision of the Public Works and City Engineering functions for the Cities of Rancho Palos Verdes, Palos Verdes Estates and Bradbury. • Ms. Rosen was instrumental in the development and implementation of a neighborhood compatibility ordinance which establishes design criteria for residential construction. This ordinance has been successful in preserving the natural scenic character of the City by establishing minimum standards relating to the siting and massing of new and remodeled structures. Ms. Rosen assisted in the development of over ten SRRFs . ProW Ms. Rosen currently supervises City Engineering and Public Works Support Services in the City of Rancho Palos Verdes and has served as Planning Official and City for of Public Works in the Cities of Palos Verdes Estates and Bradbury. Ms. Rolan has management responsibility for full-service engineering, public works and planning departments. City Engineering duties include review of development and improvement pmts, and design and administration of public works projects. She provides direction for saNd waster support services, ordinance and code development as well as overseeing code enforcement. In addition to her project duties, Ms. Rosen is directly responsible to the Planning Commission and City Council' for the preparation and presentation of engineering and planning staff reports. In Palos Verdes Estates, Ms. Rosen was responsible for a variety of maintenance and construction projects. She was involved in traffic and drainage studies. She also supervised the City's maintenance crews. CATHERINE L. ROSEN, P. E. Project Engineer Ms. Rosen has been responsible for managing and directing the public works and capital improvement projects for the City of Rancho Palos Verdes including maintenance, traffic, storm drainage, street construction and project management. Ms. Rosen has also been responsible for development review and has represented the department at Planning Commission meetings and prepared related reports. She has worked closely with the City Council and participates in Council meetings. Project H&M g. Ms. Rosen was responsible for design and preparation of plans and specifications for a variety of public works projects including street, storm drain, sewer and water. She prepared the annual engineer's report and assessment levy for Lighting and Landscape Maintenance Districts in accordance with the Street Lighting and Landscape Act of 1972. She worked as assessment engineer in formation of an assessment district under the 1911 Act, as well as being assessment engineer for the formation of a public facilities district (Mello - Roos). 1985 - 1986 CHARLES ABBOYr ASSOCIATES. INC. . Ms. Rosen managed a variety .of construction and maintenance projects. She was involved in traffic and drainage studies. Ms. Rosen had responsibility for the Palos Verdes Estates Public Works Department. In this capacity she managed the city's maintenance crew. Under her direction the work accomplished by this crew increased by more than 200% over prior years, while the staffing during this same period had been reduced by nearly 50%. Ms. Rosen also managed the Capital Improvement Projects in the City. She prepared and negotiated contracts and administered the construction on a daily basis. In addition, Ms. Rosen served as the Planning Director for 4w City and performed all related functions. She assisted in providing staff support for the City's Traffic Committee. 1984 - 1985 CITY OF DUARTE. CALIFORNIA Asseciah Civil Enaiineer. Ms. Rosen designed a wide variety of engineering and maintenance projects. She supervised the City's in-house engineering personnel wbde coordinating Federal. State, and County funding. Ms. Rosen served as the staff liaison to the City's Traffic Commission. While employed by the City, she was heavily involved in that City's Fetsim project. 1982 - 1984 LOSNG>» LES COUNTY FLOOD CONTROL DISTRICT Clvll Enginmring Assistant. Ms. Rosen dealt with the design of drainage systems and water flow predictions in mountainous and urban areas. She conducted field investigations, reviewed the work of outside consultants, prepared plans, specifications and cost CATHERINE L. ROSEN, P. E. Project Engineer estimates for eommuction and maintenance projects and reviewed the work of outside consultants. This work pran Wd extensive experience in structural analysis and timber, steel, soils and foundation design. SELENA T. ROBINSON Environmental Affairs Coordinator EDUCATION: B.A., Political Science -Public Administration, California State Los Angeles University, 1991. PROFESSIONAL HISTORY: Ms. Robinson is the Environmental Affairs Coordinator in the Environmental/recycling group with Charles Abbott Associates, Inc., (CAA). Her broad background includes solid and household hazardous waste management, public education/ outreach program implementation and recycling project coordination for the Los Angeles County Department of Public Works (DPW). Recent projects with Charles Abbott Associates Inc., (CAA): • Assisting the City of Diamond Bar in assessing the past and existing rates.of waste generation, disposal and diversion. • Co -coordinating the City of Gardena AB 939 program including development and assessment of scavenging activities. • Co -coordinating the City of Torrance Business Recycling Program At DPW, she performed the following selected projects: • Analyzed, reviewed and commented on incoming Environmental Impact Report (EIR), documents for Waste Management Division. In addition, provided public assistance to commercial / residential developers inquiries to EIR questions. • Reviewed cities' Household Hazardous Waste Elements to determine compliance with the California Integrated Waste Management Act of 1989, as member of the Los Angeles County, Staff to Task Force. • Instrumental in the planning, coordinating, advertising and staffing of the Countywide 1993 Christmas Tree Recycling Program. Co -wrote and developed a procedural manual for the Christmas tree program. • Planned, coordinated, and presented the County public education/ outreach, recycling program in public and private elementary schools throughout Los Angeles County. In addition, managed the Woody Woodpecker Recycling Club. INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Fellow Council Members FROM: Eileen R Ansari, Council Member SUBJECT: Pocket Park on Sunset Crossing DATE: July 28, 1994 A request has been made by the MRF Committee to establish a park area at the westerly terminus of Sunset Crossing. The suggestion is that we investigate the possibility of establishing a park area generally between the location of the YMCA and the Little League Baseball area. If the Council agrees, appropriate direction to staff should be made for this purpose. nbw AGENDA ITEM NO. 9.3 NO DOCUMENTATION AVAILABLE City of Diamond Bar PRIVATE 1. CALL TO ORDER: PLEDGE OF ALLEGIANCE: Meeting Agenda For August 2, 1994 7:00 P.M. MAYOR WERNER Thursday: July 28, 1994 Page: 1 ROLL CALL: COUNCIL MEMBERS ANSARI, MILLER, PAPEN, Mayor Pro Tem Harmony and Mayor Werner 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES - 2.1 PROCLAIMING THE WEEK OF AUGUST 1 -7, 1994 AS "BREASTFEEDING WEEK." 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERT IN THE PARK - AUGUST 3, 1994 - 6:30 - 8:00 P.M., Mike Gaeler & Euphoria - Contemporary Jazz - Sycamore Canyon Park, 22930 Golden Springs Rd. 5.2 PLANNING COMMISSION MEETING - AUGUST 8, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CONCERT IN THE PARK - PANDEMONIUM -STEEL DRUM - AUGUST 10, 1994, 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Rd. 5.4 TRAFFIC & TRANSPORTATION COMMISSION - AUGUST 11, 1994 - 6:30 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - AUGUST 16, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: . VOUCHER REGISTER - APPROVE VOUCHER REGISTER DATED AUGUST 2, 1994 in the amount of $557,392.88. Requested by: City Manager 6 NOTICE OF COMPLETION FOR THE CONSTRUCTION/MODIFICATION OF HANDICAP ACCESS RAMPS - At their meeting of May 17, 1994, the City Council awarded a handicap access ramp construction contract to Perry Maness Industries, Inc. for a total amount of $28,805 and a contingency amount of $3,500. Work has been completed and determined to be in accordance with the plans and specifications approved. Recommended Action: Accept work completed by Perry Maness Industries, Inc., and authorize the City Clerk to file the Notice of Completion and release any retention amounts. City of Diamond Bar PRIVATE Thursday: July 28, 1994 Meeting Agenda For Page: 2 August 2, 1994 ,,,,X NOTICE OF COMPLETION FOR THE CONSTRUCTION/MODIFICATION OF Requested by: City Engineer 6;_31'-� RELEASE OF GRADING CASH BONDS POSTED FOR BURGER KING AT 527 S. GRAND AVENUE - The City desires to release the Cash Bonds in the amount of $12,000 for grading of Burger King located at 527 S. Grand Ave. Recommended Action: It is recommended that the City Council approve and accept work completed and release the cash bonds in the amount of $2,700, Acct. No. 23462-00048 and $9,300 Acct. No. 23467-00083 and direct the City Clerk to notify the principals. Requested by: City Engineer RESOLUT N . 94- RESOLUTIO F HE CITY COUNCIL PF TH CITY OF D OND AR APPRO NG P S AND S CATIONS FOR REE P T G ON OR AR IALS IN THE C RNEC AMOND B AND DI E ING THEAC TY ERK TO AD RTI TO YDS Recommended Action: Requested by: Community Services Director 6. RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE DIAMOND BAR BOULEVARD RECONSTRUCTION/REHABILITATION PROJECT, BETWEEN GRAND AVENUE TO BREA CANYON ROAD AND IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - Diamond Bar Blvd., between Grand Ave. and Brea Canyon Rd., is in need of pavement rehabilitation and/or reconstruction. The existing payvement for Diamond Bar Blvd. has ben analyzed and evaluated in order to determine the most practical and enconomical approach for the roadway improvements. Based on the findings of the pavement evaluation, plans and specifications for the project have been prepared. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX and authorize the City Clerk to advertise to receive bids. Requested by: City Engineer 6,.6 TEMPORARY SERVICES FOR FINANCE - THE CITY"S FINANCE Department currently consists of three staff members. The positions are Accounting Manager, Senior Accountant, and three quarter time Account Clerk. The Senior Accountant and the Account Clerk are both pregnant and will be going on maternity leave August 12, 1994. It is necessary to hire temporary personnel during the agsence of both staff members. City of Diamond Bar Thursday: July 28, 1994 Meeting Agenda For Page: 3 PRIVATE August 2, 1994 / TEMPORARY SERVICES FOR FINANCE - THE CITY'S FINANCE Recommended Action: It is recommended that the City Council approve a contract with Accountants Overload for the temporary services for the Account Clerk position at an estimated cost of $6,500. It is further recommended that the City Council approve a contract with Moreland and Associates for the Senior Accountant position at an estimated cost of $15,200. The total amount requested is $21,700. requested by: City Manager 6,l/ AWARD OF CONTRACT FOR OFFICE SUPPLIES - The City has, on occasion, sent informal bid packages out to various supply companies to review pricing on items that are most frequently used by the City. In early July 1994, the City sent out thirteen (13) informal bid packages to various suppliers. The bid list encompassed approximately 116 products that the City uses on a regular basis. If a specific brand name is used by the City, that brand was specified on the forms. However, if no specific brand is required, no brand was specified and the vendor was free to quote the price of a brand of their choice. Recommended Action: After reviewing informal proposals from seven (7) supply companies, it is being recommended that the City establish an open purchase order in the amount of $15,000 with Eastman Office Products for the purchase of general office supplies for the FY 1994-95. The opening of a purchase order will not mean the purchase of supplies will be exclusively with Eastman, however, the majority of everyday "consumable" products will be purchased from this vendor. Requested by: City Manager 6.8 CONTRACT EXTENSIONS - Recommended Action: Requested by: Community Services Director 6.8.1 CONTRACT FOR ASSESSMENT DISTRICT MAINTENANCE NO. 38 AND 3 Accurate Landsape Recommended Action: Requested by: Community Services Director 6.8.2 CONTRACT FOR ASSESSMENT DISTRICT MAINTENANCE NO. 41 - Landscape West Recommended Action: City of Diamond Bar Thursday: July 28, 1994 Meeting Agenda For Page: 4 PRIVATE August 2, 1994 6.8.2 CONTRACT FOR ASSESSMENT DISTRICT MAINTENANCE NO. 41 - Requested by: Community Services Director 6.8.3 CONTRACT FOR PARK MAINTENANCE - ACCURATE LANDSCAPE Recommended Action: Requested by: Community Services Director 6.8.4 CONTRACT FOR VEGETATION CONTROL - LANDSCAPE WEST Recommended Action: Requested by: Community Services Director 6.5 GRAFFITI CONTROL SERVICES - Recommended Action: Requested by: Community Services Director 6.9 CROSSING GUARD SERVICES FOR SCHOOL YEAR 1994-95 The City has requested proposals to provide crossing guard services from three qualified companies for school year 1994-95. The contract will provide crossing guard services at ten (10) intersections listed. Recommended Action: It is recommended that the City Council award a crossing guard services contract to All City Management Services, Inc. in an amount not -to -exceed $65,000 (an hourly rate of $9.25) for the 1994-95 school year. /Requested by: City Engineer 6.,Y0 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL /// OF THE CITY OF DIAMOND BAR RESTRICTING VEHICLE PARKING ON THE EAST SIDE OF BREA CANYON ROAD NORTH OF LYCOMING STREET AND ON LYCOMING STREET EAST OF BREA CANYON ROAD - Residents of the Windwood Condominums have asked the City to restrict parking in the vicinity of Brea Canyon Rd. and Lycoming. Said request is bas ed on the need to abate/eliminate the noise generated from trucks which parked along the easterly side of Brea Canyon Rd. between Lycoming Street and Washington and on Lycoming Street between Brea Canyon Rd. and Silver Fir Rd. These trucks utilize said streets in order to access the AM/PM market located at the northeast corner of Brea Canyon Rd. and Lycoming. The Traffic and Transportation Commission discussed this matter on July 14, 1994. Representatives of both Windwood Condominiums and AM/PM market have been invited to attend this meeting. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX. City of Diamond Bar PRIVATE 6�RESOLUTION NO. Requested by: 7. PUBLIC HEARINGS: NONE 8. OLD BUSINESS: Thursday: July 28, 1994 Meeting Agenda For Page: 5 August 2, 1994 94 -XX: A RESOLUTION OF THE CITY COUNCIL City Engineer 8.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING VESTING TENTATIVE TRACT MAP NO. 32400 - Arciero Recommended Action: At the request of the Applicant, it is recommended that this matter be continued to August 16, 1994. Requested by: Community Development Director 8.2 TRACT MAP NO. 47851 SUBDIVISION AGREEMENT - Recommended Action: Requested by: City Engineer 8.3 DISCUSSION OF PROPOSED L.A. COUNTY COMMUNITY FACILITIES DISTRICT FOR LIBRARY SERVICES - Recommended Action: Requested by: City Manager DISCUSSION RE: ORDER OF AGENDA ITEMS, BEGINNING TIME FOR REGULAR CITY COUNCIL MEETINGS, AND OTHER ISSUES RELATED TO THE CONDUCT OF CITY COUNCIL MEETINGS - Continued from July 19, 1994. Requested by; City Council 8X BROWN ACT - EFFECT UPON CITY COUNCIL, LESS THAN A QUORUM - Recommended Action: It is recommended that the Council modify the existing continuing subject matter committee approach to issue analysis by eliminating that type of less than a quorum committee; and replacing less than a quorum of the Council issue analysis with a specific issue ad hoc committee approach. equested by: City Manager f�W 8. DISCUSSION RE: CITY COUNCIL SUB COMMITTEE ASSIGNMENTS. O" Requested by: City Manager DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING NAMES OF 1 COUNCIL MEMBERS - To prohibit placing City Council Members' names on public works constuction project signs. Continued City of Diamond Bar Thursday: July 28, 1994 Meeting Agenda For Page: 6 PRIVATE August 2, 1994 8 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING NAMES OF from July 19, 1994. Recommended Action: It is recommended that the City Council no longer place names of Council Members on public works construction project signs. Requested by: MPT/Harmony 8.8 RNP PROJECT - Recommended Action: Requested by: Community Development Director 9. NEW BUSINESS: 9.1 CONTRACTOR FOR ENVIRONMENTAL MANAGEMENT - Recommended Action: Requested by: City Manager (T.Butzlaff) 9. DISCUSSION RE: "POCKET PARK" AT WESTERLY TERMINUS OF SUNSET CROSSING - Recommended Action: It is recommended that the City Council discuss and direct staff to determine the legality of establishing said "pocket park." Requested by: C/Ansari DISCUSSION RE: ESTABLISHMENT OF MUNICIPAL CAMPAIGN ✓✓✓ EXPENDITURE LIMITS (Recommended Action: It is recommended that the City Council discuss and direct staff to determine the legality of establishing such limitations. Requested by: C/Ansari 10. ANNOUNCEMENTS: 11. CLOSED SESSION: MAY CONVENE TO CONSIDER: MATTERS OF PENDING Litigation (G.C. 54956.9), Personnel (G.C. 54957.6), or purchase/sale of real property (G.C. 54956.8). Records not available for public inspection. 12. ADJOURNMENT: City of Diamond Bar Meeting Agenda For PRIVATE August 2, 1994 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER rfttj"P v Friday: July 22, 1994 Page: 1 ROLL CALL: COUNCIL MEMBERS ANSARI, MILLER, PAPEN, Mayor Pro Tem Harmony and Mayor Werner 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES - 2.1 PROCLAIMING THE WEEK OF AUGUST 1 -7, 1994 AS "BREASTFEEDING WEEK." 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERT IN THE PARK - AUGUST 3, 1994 - 6:30 - 8:00 P.M., Mike Gaeler & Euphoria - Contemporary Jazz - Sycamore Canyon Park, 22930 Golden Springs Rd. 5.2 PLANNING COMMISSION MEETING - AUGUST 8, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CONCERT IN THE PARK - PANDEMONIUM -STEEL DRUM - AUGUST 10, 1994, 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Rd. 5.4 TRAFFIC & TRANSPORTATION COMMISSION - AUGUST 11, 1994 6:30 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - AUGUST 16, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 REGULAR MEETING OF JUNE 7, 1994'- APPROVE AS SUBMITTED 6.1.2 ADJOURNED REGULAR MEETING FOR JUNE 13, 1994 - APPROVE AS Submitted. 6.1.3 ADJOURNED REGULAR MEETING OF JUNE 15, 1994 - APPROVE as Submitted. 6.1.4 REGULAR MEETING OF JUNE 21, 1994 - APPROVE AS SUBMITTED 6.1.5 ADJOURNED REGULAR MEETING OF JUNE 28, 1994 - APPROVE AS Submitted 6.1.6 REGULAR MEETING OF JULY 5, 1994 - APPROVE AS SUBMITTED City of Diamond Bar Friday: July 22, 1994 Meeting Agenda For Page: 2 PRIVATE August 2, 1994 6.1.6 REGULAR MEETING OF JULY 5, 1994 - APPROVE AS SUBMITTED Requested by: City Clerk 6.2 VOUCHER REGISTER - APPROVE VOUCHER REGISTER DATED AUGUST 1. 2, 1994 in the amount of $ Requested by: City Manager 6.3 NOTICE OF COMPLETION - Recommended Action: Requested by: Community Services Director 6.4 NOTICE OF COMPLETION - FOR CONSTRUCTION/MODIFICATION OF HANDICAP ACCESS RAMPS - At their meeting of May 17, 1994, the City Council awarded a handicap access ramp construction contract to Perry Maness Industries, Inc. for a total amount of $28,805. Work has been determined to be in accordance with the plans and specifications approved. Recommended Action: Accept work completed by Perry Maness Industries, Inc., and authorize the City Clerk to file the Notice of Completion and release any retention amounts. Requested by: City Engineer 6.5 GRADING BOND RELEASES: 6.5.1 GRADING BOND RELEASE ON PARCEL MAP NO. 13594 (MONUMENT PARCEL) - The City desires to release Surety Bond No. NA100304 in the amount of $163,801 for grading located on Golden Spgs. Dr. adjacent to Diamond Bar Golf course. Recommended Action: It is recommended that the City Council approve and release Bond No. NA100304 in the amount of $163,801; and, direct the City Clerk to notify the principals. Requested by: City Engineer 6.5.2 RELEASE OF GRADING CASH BOND POSTED FOR BURGER KING AT 527 S. GRAND AVENUE - The City desires to release the Cash Bond in the amount of $12,000 for grading of Burger King located at 527 S. Grand Ave. Recommended Action: It is recommended that the City Council approve and accept work completed and release the cash bond in the amount of $12,000 and direct the City Clerk to notify the principals. Requested by; City Engineer City of Diamond Bar Meeting Agenda For PRIVATE August 2, 1994 Friday: July 22, 1994 Page: 4 8.2 TRACT MAP NO. 47851 SUBDIVISION AGREEMENT - Recommended Action: Requested by: City Engineer 8.3 SANITARY SEWERS IN "THE COUNTRY" - UPDATE ON STATUS OF work conducted by the Diamond Bar Country Estates Association. Recommended Action: Requested by: City Engineer 8.4 HERITAGE PARK COMMUNITY CENTER PARKING - Continued from July 19, 1994. Recommended Action: v� Requested by: City Engineer 8.5 DISCUSSION RE: ORDER OF AGENDA ITEMS, BEGINNING TIME FOR REGULAR CITY COUNCIL MEETINGS, AND OTHER ISSUES RELATED TO THE CONDUCT OF CITY COUNCIL MEETINGS - Continued from July 19, 1994. Requested by; City Council 8.6 BROWN ACT - EFFECT UPON CITY COUNCIL, LESS THAN A QUORUM - Recommended Action: It is recommended that the Council modify the existing continuing subject matter committee approach to issue analysis by eliminating that type of less than a quorum committee; and replacing less than a quorum of the Council issue analysis with a specific issue ad hoc committee approach. Requested by: City Manager 8.7 DISCUSSION RE: CITY COUNCIL SUB COMMITTEE ASSIGNMENTS. Requested by: City Manager 8.8 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING NAMES OF COUNCIL MEMBERS - To prohibit placing City Council Members, names on public works constuction project signs. Continued from July 19, 1994. Recommended Action: It is recommended that the City Council no longer place names of Council Members on public works construction project signs. Requested by: MPT/Harmony City of Diamond Bar Friday: July 22, 1994 Meeting Agenda For Page: 5 PRIVATE August 2, 1994 8.9 DISCUSSION RE: COUNCIL SUB -COMMITTEE FOR LIBRARY SERVICES - Continued from June 21, 1994. Recommended Action: It is recommended that the Mayor appoint a Library Services sub -committee of the City Council comprised of two members of the City Council. Requested by: Councilwoman Ansari 9. NEW BUSINESS: 9.1 CONTRACTOR FOR ENVIRONMENTAL MANAGEMENT - Recommended Action: Requested by: City Manager (T.Butzlaff) 9.2 RNP PROJECT - Recommended Action: Requested by: Community Development Director ��-�1 ✓� C�.1iG&S t rl-) S U r, (-Q L9' -.F fcj_.I- 10. ANNOUNCEMENTS: 11. CLOSED SESSION: MAY CONVENE TO CONSIDER: MATTERS OF PENDING Litigation (G.C. 54956.9), Personnel (G.C. 54957.6), or purchase/sale of real property (G.C. 54956.8). Records not available for public inspection. 12. ADJOURNMENT: City of Diamond Bar Meeting Agenda For PRIVATE August 2, 1994 1. CALL TO ORDER: 7:00 P.M. LEDGE OF ALLEGIANCE: MAYOR WERNER ©RA =i Monday: July 25, 1994 Page: 1 P COUNCIL MEMBERS ANSARI, MILLER, PAPEN, ROLL CALL: Mayor Pro Tem Harmony and Mayor Werner 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES - 2.1 PROCLAIMING THE WEEK OF AUGUST 1 -7, 1994 AS "BREASTFEEDING WEEK." 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: - AUGUST 3, 1994 - 6:30 - 8:00 P.M., 5.1 CONCERT IN THE PARKriorary Jazz - Sycamore Canyon Mike Gaeler & Eup a rings_ Coemp nt nt Park, 22930 Golden Sp 5.2 PLANNING COMMISSION MEETING - AUGUST 8, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CONCERT IN THE PARK -PsycamoreDEMMCanyon-STEELpark, 22930U UGolden 1994, 6:30 - 8:00 p.m. Springs Rd. 5.4 TRAFFIC & TRANSPORTATION COMMISSION - AUGUST 11, 1994 - 6:30 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - AUGUST 16, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 REGULAR MEETING OF JUNE 7, 1994 - APPROVE AS SUBMITTED 6.1.2 ADJOURNED REGULAR MEETING FOR JUNE 13, 1994 - APPROVE AS Submitted. LAR MEETING OF JUNE 15, 1994 - APPROVE 6.1.3 ADJOURNED REGU as Submitted. G OF JUNE 21, 1994 - APPROVE AS SUBMITTES 6.1.4 REGULAR MEETIN 6.1.5 ADJOURNED REGULAR MEETING OF JUNE 28, 1994 - APPROVE A Submitted Y 5, 1994 - APPROVE AS SUBMITTED 6.1.6 REGULAR MEETING OF JUL City of Diamond Bar Monday: July 25, 1994 Meeting Agenda For Page: 2 PRIVATE August 2, 1994 6.1.6 REGULAR MEETING OF JULY 5, 1994 - APPROVE AS SUBMITTED Requested by: City Clerk 6.2 VOUCHER REGISTER - APPROVE VOUCHER REGISTER DATED AUGUST 2, 1994 in the amount of $ - Requested by: City Manager 6.3 NOTICE OF MPLETION - mmended Actio . Requested Community vices Director 6.4 NOTICE OF COMPLETION - FOR CONSTRUCTION/MODIFICATION OF HANDICAP ACCESS RAMPS - At their meeting of May 17, 1994, the City Council awarded a handicap access ramp construction contract to Perry Maness Industries, Inc. for a total amount of $28,805. Work has been determined to be in accordance with the plans and specifications approved. Recommended Action: Accept work completed by Perry Maness Industries, Inc., and authorize the City Clerk to file the Notice of Completion and release any retention amounts. Requested by: City Engineer 6.54 RELEASE OF GRADING CASH BOND POSTED FOR BURGER KING AT 527 S. GRAND AVENUE - The City desires to release the Cash Bond in the amount of $12,000 for grading of Burger King located at 527 S. Grand Ave. Recommended Action: It is recommended that the City Council approve and accept work completed and release the cash bond in the amount of $12,000 and direct the City Clerk to notify the principals. Requested by; City Engineer 6.6 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR TREE PLANTING ON MAJOR ARTERIALS IN THE CITY OF DIAMOND BAR AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Recommended Action: Requested by: Community Services Director 6.7 RATIFICATION OF CONTRACT AMOUNTS: City of Diamond Bar Monday: July 25, 1994 Meeting Agenda For Page: 3 PRIVATE August 2, 1994 6.7.1 MICHAEL BRANDMAN Recommended Action: Requested by: Community Development Director 6.7.2 LIZ MEYERS - Recommended Action: Requested by: 6.7.3 SAN GABRIEL VALLEY BOYS CLUB Recommended Action: Requested by: Community Services Director 6.7.4 GRAFFITI CONTROL SYSTEMS Recommended Action: Requested by: Community Services Director 6.7.5 ACCURATE LANDSCAPE Recommended Action: Requested by: Community Services Director 6.8 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR REHABILITATION OF DIAMOND BAR BOULEVARD FROM GRAND AVENUE TO BREA CANYON ROAD - Recommended Action: f Requested by: City Engine r 7. PUBLIC HEARINGS: NONE 8. OLD BUSINESS: 8.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF �- THE CITY OF DIAMOND BAR APPROVING VESTING TENTATIVE TRACT MAP NO. 32400 - Arciero Recommended Action:,, Requested by: Community Development Director 8.2 TRACT MAP NO. 47851 SUBDIVISION AGREEMENT - ,d ��}a Recommended Action: City of Diamond Bar Monday: July 25, 1994 Meeting Agenda For Page: 4 PRIVATE August 2, 1994 8.2 TRACT MAP NO. 47851 SUBDIVISION AGREEMENT - Requested by: City Engineer 8.3 SAN TARY ERS IN "T C UNTRY" UP ATE �TA OF wo k c du ed by t Dia and B Cou try A so ratio . d11 Requested bf: City Engineer 8.4 DISCUSSION RE: ORDER OF AGENDA ITEMS, BEGINNING TIME FOR REGULAR CITY COUNCIL MEETINGS, AND OTHER ISSUES RELATED TO THE CONDUCT OF CITY COUNCIL MEETINGS - Continued from July 19, 1994. Requested by; City Council 8.5 BROWN ACT - EFFECT UPON CITY COUNCIL, LESS THAN A QUORUM - Recommended Action: It is recommended that the Council modify the existing continuing subject matter committee approach to issue analysis by eliminating that type of less than a quorum committee; and replacing less than a quorum of the Council issue analysis with a specific issue ad hoc committee approach. Requested by: City Manager 8.6 DISCUSSION RE: CITY COUNCIL SUB COMMITTEE ASSIGNMENTS. Requested by: City Manager 8.7 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING NAMES OF COUNCIL MEMBERS - To prohibit placing City Council Members' names on public works constuction project signs. Continued from July 19, 1994. Recommended Action: It is recommended that the City Council no longer place names of Council Members on public works construction project signs. Re uested y: MPT/Harmony ..„. fl. _..r..Jr. / ..: f l .:'.S ygl .,..✓v. IIS 9 8.8 DISCUSSION RE: COUN �” U-COMMITTEEFOR'LIBRA7MaVyoppoint - ' Continued fr ..1 J e 21, 4. �-- ""'R Recommend ' _-tion: T� is re9amriended that the a Libr y Servicesgub-co tee of the City Co k com ised of two ,,iemberig of the City Council. Requested by: Councilwoman Ansari City of Diamond Bar Monday: July 25, 1994 Meeting Agenda For Page: 5 PRIVATE August 2, 1994 9. NEW BUSINESS: 9.1 CONTRACTOR FOR ENVIRONMENTAL MANAGEMENT - Recommended Action: Requested by: City Manager (T.Butzlaff) �.2 RNP PROJECT - Recommended Action: Requested by: Community Development Director 9.-3 CROSSING GUARD SERVICES FOR SCHOOL YEAR 1994-95 Recommended Action: Requested by: City Engineer 9.4 jjy %.Ity Engin err r, 6, r _0- 10. ANNOUNCEMENTS: 11. CLOSED SESSION: MAY CONVENE TO CONSIDER: MATTERS OF PENDING Litigation (G.C. 54956.9), Personnel (G.C. 54957.6), or purchase/sale of real property (G.C. 54956.8). Records not available for public inspection. . PARKING ON BREA CANYON ROAD/LYCOMING Recommended Action: L/ 12. ADJOURNMENT: el DRAFT DRAFT DRAFT City of Diamond Bar Wednesday: July 27, 1994 Meeting Agenda For Page: 1 PRIVATE August 2, 1994 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER ROLL CALL• COUNCIL MEMBERS ANSARI, MILLER, PAPEN, Mayor Pro Tem Harmony and Mayor Werner 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES - 2.1 PROCLAIMING THE WEEK OF AUGUST 1 -7, 1994 AS "BREASTFEEDING WEEK." 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERT IN THE PARK - AUGUST 3, 1994 - 6:30 - 8:00 P.M., Mike Gaeler & Euphoria - Contemporary Jazz - Sycamore Canyon Park, 22930 Golden Springs Rd. 5.2 PLANNING COMMISSION MEETING - AUGUST 8, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CONCERT IN THE PARK - PANDEMONIUM -STEEL DRUM - AUGUST 10, 1994, 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Rd. 5.4 TRAFFIC & TRANSPORTATION COMMISSION - AUGUST 11, 1994 - 6:30 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - AUGUST 16, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 REGULAR MEETING OF JUNE 7, 1994 - APPROVE AS SUBMITTED 6.1.2 ADJOURNED REGULAR MEETING FOR JUNE 13, 1994 - APPROVE AS Submitted. 6.1.3 ADJOURNED REGULAR MEETING OF JUNE 15, 1994 - APPROVE as Submitted. 6.1.4 REGULAR MEETING OF JUNE 21, 1994 - APPROVE AS SUBMITTED 6.1.5. ADJOURNED REGULAR MEETING OF JUNE 28, 1994 - APPROVE AS Submitted 6.1.6 REGULAR MEETING OF JULY 5, 1994 - APPROVE AS SUBMITTED City of Diamond Bar Wednesday: July 27, 1994 Meeting Agenda For Page: 2 PRIVATE August 2, 1994 6.1.6 REGULAR MEETING OF JULY 5, 1994 - APPROVE AS SUBMITTED Requested by: City Clerk 6.2 VOUCHER REGISTER - APPROVE VOUCHER REGISTER DATED AUGUST 2, 1994 in the amount of $ Requested by: City Manager 6.3 NOTICE OF COMPLETION - FOR CONSTRUCTION/MODIFICATION OF HANDICAP ACCESS RAMPS - At their meeting of May 17, 1994, the City Council awarded a handicap access ramp construction contract to Perry Maness Industries, Inc. for a total amount of $28,805. Work has been determined to be in accordance with the plans and specifications approved. Recommended Action: Accept work completed by Perry Maness Industries, Inc., and authorize the City Clerk to file the Notice of Completion and release any retention amounts. Requested by: City Engineer 6.4.1# RELEASE OF GRADING CASH BOND POSTED FOR BURGER KING AT 527 S. GRAND AVENUE - The City desires to release the Cash Bond in the amount of $12,000 for grading of Burger King located at 527 S. Grand Ave. Recommended Action: It is recommended that the City Council approve and accept work completed and release the cash bond in the amount of $12,000 and direct the City Clerk to notify the principals. Requested by; City Engineer 6.5 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR TREE PLANTING ON MAJOR ARTERIALS IN THE CITY OF DIP,MOND BAR AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Recommended Action: Requested by: Community Services Director Recommended Action: Requested by: Community Development Director Recommended Action: City of Diamond Bar Meeting Agenda For PRIVATE August 2, 1994 6 S - Requested by: Recommended Action: Wednesday: July 27, 1994 Page: 3 Requested by: Community Services Director ZRAFFITI CONTROL SYSTEMS Reque 6.6 6.6.6 ENVICON - Action: by: Community Director by: Community Services Director Recommended Action: Requested by: Community Development Director 3Y 39 LSI ��ec ✓ r'''c'" f- j-151 v�cst- (Y1a r k na rtc G , 6.7 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR REHABILITATION OF DIAMOND BAR BOULEVARD FROM GRAND AVENUE TO BREA CANYON ROAD - Recommended Action: Requested by: City Engineer 6.8 TEMPORARY SERVICES FOR FINANCE - Recommended Action: Requested by: City Manager 6.9 AWARD OF CONTRACT FOR OFFICE SUPPLIES - Recommended Action: Requested by: City Manager 6.10 CONTRACT EXTENSIONS - Recommended Action: Requested by: Community Services Director City of Diamond Bar Wednesday: July 27, 1994 Meeting Agenda For Page: 4 PRIVATE August 2, 1994 6.10 CONTRACT EXTENSIONS - 6.11 CROSSING GUARD SERVICES FOR SCHOOL YEAR 1994-95 Recommended Action: Requested by: City Engineer 6.12 PARKING ON BREA CANYON ROAD/LYCOMING Recommended Action: Requested by: City Engineer 7. PUBLIC HEARINGS: NONE 8. OLD BUSINESS: 8.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING VESTING TENTATIVE TRACT MAP NO. 32400 - Arciero Recommended Action: At the request of the Applicant, it is recommended that this matter be continued to August 16, 1994. Requested by: Community Development Director 2 TRACT MAP NO. 47851 SUBDIVISION AGREEMENT - � ca., Recommended Action: _ Requested by: City Engineer 1� G C�rnr� 2 2e -7) is �Y'a fol G� �rb scuff L-11 �''� L 12(&y'( 8.3 DISCUSSION RE: ORDER OF AGENDA ITEMS, BEGINNING TIME FOR 10 CS REGULAR CITY COUNCIL MEETINGS, AND OTHER ISSUES RELATED TO THE CONDUCT OF CITY COUNCIL MEETINGS - Continued from July 19, 1994. Requested by; City Council 8.4 BROWN ACT - EFFECT UPON CITY COUNCIL, LESS THAN A QUORUM - Recommended Action: It is recommended that the Council modify the existing continuing subject matter committee approach to issue analysis by eliminating that type of less than a quorum committee; and replacing less than a quorum of the Council issue analysis with a specific issue ad hoc committee approach. Requested by: City Manager 8.5 DISCUSSION RE: CITY COUNCIL SUB COMMITTEE ASSIGNMENTS. Requested by: City Manager City of Diamond Bar Wednesday: July 27, 1994 Meeting Agenda For Page: 5 PRIVATE August 2, 1994 8.5 DISCUSSION RE: CITY COUNCIL SUB COMMITTEE ASSIGNMENTS. 8.6 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING NAMES OF COUNCIL MEMBERS - To prohibit placing City Council Members' names on public works constuction project signs. Continued from July 19, 1994. Recommended Action: It is recommended that the City Council no longer place names of. Council Members on public works construction project signs. Requested by: MPT/Harmony 8.7 RNP PROJECT - Recommended Action: Requested by: Community Development Director 9. NEW BUSINESS: 9.1 CONTRACTOR FOR ENVIRONMENTAL MANAGEMENT - Recommended Action: Requested by: City Manager (T.Butzlaff) 9.2 DISCUSSION RE: "POCKET PARK" AT WESTERLY TERMINUS OF SUNSET CROSSING - Recommended Action: It is recommended that the City Council discuss and direct staff to determine the legality of establishing said "pocket park." Requested by: C/Ansari 9.3 DISCUSSION RE: ESTABLISHMENT OF MUNICIPAL CAMPAIGN EXPENDITURE LIMITS Recommended Action: It is recommended that the City Council discuss and direct staff to determine the legality of establishing such limitations. Requested by: C/Ansari 10. ANNOUNCEMENTS: 11. CLOSED SESSION: MAY CONVENE TO CONSIDER: MATTERS OF PENDING Litigation (G.C. 54956.9), Personnel (G.C. 54957.6), or not purchase/sale of real property (G.C. 54956.8). available for public inspection. 12. ADJOURNMENT: