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08/16/1994
C it o AGENDA Tuesday, August 16, 1994 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Mayor Pro Tem Council Member Council Member Council Member Gary H. Werner Clair W. Harmony Eileen R. Ansari Phyllis E. Papen Gary G. Miller City Manager Terrence L. Belanger Interim City Attorney Michael Montgomery City Clerk 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 available for 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 H 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 accommodations) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. 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 appr iates your cooperation. ,bV- Garf'. Werner, Mayor �r Clair W. Harmony Phyllis E. Papen TJMayor Pro TTJem Council o Eileen R. Ansariar G. Mill Councilwoman Councilman �wwxaxlwwaxaxawxWRWad Baa aYM1axamxa<SK AaaRauaN TIiMMn RS aw uex<xaxv athm \x Kaaaaaa�R uv f d :W s4 . 8 ""'� Next Resolution No. 94-37 Next Ordinance No. 03(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, PROCLAMATION, CERTIFICATES - 2.1 WELCOME STUDENTS FROM THE LIONS YOUTH EXCHANGE PROGRAM - Arnaud Gilet, Belgium and Bernhard Ullrich, Switzerland 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportu- nity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressincr the City Council. 4. COUNCIL COMMENT: 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 17, 1994 - 6:30 - 8:00 p.m., SHOUT - 60's Classics - Sycamore Canyon Park, 22930 Golden Springs Rd. (Last Concert in the series). 5.2 MRF COMMITTEE BAR-B-QUE - August 20, 1994 - 3:00 - 6:00 p.m., 3435 Woodhill Circle, D.B. 5.3 PLANNING COMMISSION - August 22, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 PARKS & RECREATION COMMISSION - August 25, 1994 - 7:00 p.m., Heritage Park Comm. Cntr., 2900 S. Brea Canyon Rd. 5.5 PLANNING COMMISSION - August 29, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 LABOR DAY HOLIDAY - Monday, Sept. 5, 1994 - City Hall will be closed and will reopen Tuesday, Sept. 6, 1994. 5.7 CITY COUNCIL MEETING - September 6, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. AUGUST 16, 1994 PAGE 2 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. Requested by: City Clerk 6.2 VOUCHER REGISTER: Approve Voucher Register dated August 16, 1994 in the amount of $286,735.46. Requested by: City Manager 6.3 NOTICES OF COMPLETION: 6.3.1 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 is complete and determined to be in accordance with approved plans and specifications. Continued from August 2, 1994. Recommended Action: It is recommended that the City Council 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 6.3.2 GRAND AVENUE GUARDRAIL LANDSCAPE IMPROVEMENTS - At their meeting of February 1, 1994, the Council awarded a contract for construction of landscape improvements along the guardrail on Grand Ave. to Accurate Landscape & Maintenance Corp. for $31,175. Improvements are complete and ready to be accepted. Recommended Action: It is recommended that the City Council accept work performed by Accurate Landscape & Maintenance Corp. and direct the City Clerk to file the Notice of Completion and release the retention amount. Requested by: Community Services Director AUGUST 16, 1994 PAGE 3 6.4 GRADING BOND RELEASES: 6.4.1 GRADING CASH BONDS POSTED FOR BURGER KING AT 527 S. GRAND AVE. - The City desires to release cash bonds in the amount of $2,700 and $9,300. Continued from August 2, 1994. Recommended Action: It is recommended that the City Council approve and accept work completed and release cash bonds in the amount of $2,700, Acct. No. 23462-00048 and $9,300, Account No. 23467-00083 and direct the City Clerk to notify the principals. Requested by: City Engineer 6.4.2 GRADING CASH BOND POSTED FOR 2652 SHADOW CANYON DR. IN THE "COUNTRY" - The principal desires release of cash bond No. 003A69254 posted in the amount of $4,140. The Interim City Engineer finds that the work performed is as shown in the approved As -Built Grading plan on file. Recommended Action: It is recommended that the City Council declare the obligations under this bond null and void and release grading cash bond No. 003A69254 in the amount of $4,140 and direct the City Clerk to notify the principals. 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 Account Clerk will both require maternity leave beginning August 12, 1994. It is, therefore, necessary to hire temporary personnel during the absence of both staff members. As authorized by Council, the Assistant City Manager entered into interim agreements providing temp- orary services through August 19, 1994. Continued from August 2, 1994. Recommended Action: It is recommended that the City Council approve a contract with Accountants Overload for temporary Account Clerk services at an estimated cost of $6,500 and a contract with Moreland & Associates for the Senior Accountant position at an estimated cost of $15,200 for a total of $21,700. Further, the amount currently budgeted for professional services is inadequate to cover the cost of services being recommended; therefore, it is requested that a budget amendment be approved to allow for these proposed AUGUST 16, 1994 PAGE 4 contracts. An additional appropriation of $15,700 is required. Requested by: City Manager 6.6 PURCHASE OF GENERAL OFFICE SUPPLIES FOR FY 1994-95 - 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. Con- tinued from August 2, 1994. Recommended Action: After reviewing informal proposals from 7 suppliers, it is recommended that the City Council 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 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE DIAMOND BAR BLVD. CONSTRUCTION/ REHABILITATION PROJECT, BETWEEN GRAND AVE. TO BREA CANYON RD. 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 pavement evaluation, plans and specifications have been prepared. Continued from August 2, 1994. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX approving plans and specifications and authorize the City Clerk to advertise for bids. Requested by: City Engineer 6.8 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR REPLACEMENT OF STREET TREES - Staff conducted an inventory of street trees along major boulevards and determined that there are 149 trees missing from 1,436 established treewells. Vacant treewells are the result of auto accidents, disease or vandalism. Staff inventories the missing trees every two AUGUST 16, 1994 PAGE 5 years and replaces them on a biennial basis with Council approval. $25,000 is available in the FY 1994/95 General Fund budget for this work. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX approving plans and specifications for planting replacement trees along major boulevards. Requested by: Community Services Director 6.9 CONTRACT EXTENSIONS: 6.9.1 LIGHTING & LANDSCAPE ASSESSMENT DISTRICT NOS. 38, 39 AND 41 - On May 21, 1991, the Council awarded contracts for maintenance of LLAD 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 were 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.T. 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 District No. 41, Landscape West, Inc. - 40,042.23. Both Accurate and Landscape West agreed to forego a C.P.I. adjustment for FY 1994-95. Continued from August 2, 1994. Recommended Action: It is recommended that the City Council approve extension of the two contracts with Accurate Landscape & Maintenance Corp. for Maintenance of 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 AUGUST 16, 1994 PAGE 6 6.9.2 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 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 adjust- ment. The company has proven to be excellent at completing the detailed work that the specifications require under the terms of the contract. Continued from August 2, 1994. 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 6.9.3 WEED CONTROL/SIDEWALK AND PARKWAY MAINTENANCE - On September 21, 1993, the Council awarded a contract to Landscape West, Inc. for $54,742 for a 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. Continued from August 2, 1994. 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 of Agreement. Requested by: Community Services Director 6.9.4 GRAFFITI REMOVAL - On May 18, 1993, the Council awarded a contract to Graffiti Control Systems, Inc. in the amount of $16,590 ($30 per site), for supplemental removal through June 301 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. $30,000 is budgeted in 1994/95 FY for graffiti removal. Limiting the AUGUST 16, 1994 PAGE 7 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. Continued from August 2, 1994 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 6.10 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. 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 the matter on July 14, 1994 and recommended that a parking prohibition be established by installing "No Stopping, 10:00 p.m. - 6:00 a.m." signs along the easterly side of Brea Canyon Rd. between Lycoming and Washington and on Lycoming between Brea Canyon and Silver Fir. Continued from August 2, 1994. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX to prohibit parking by installing "No Stopping, 10:00 p.m.- 6:00 a.m." signs along the easterly side of Brea Canyon Rd. between Lycoming St. and Washington St. and on Lycoming St. between Brea Canyon Rd. and Silver Fir Rd. Requested by: City Engineer 6.11 AWARD OF CONTRACT FOR SLURRY SEAL - AREA 5 - on July 5, 1994, the Council authorized staff to advertise for bids for the 1994-95 Slurry Seal Improvement Program - Area 5. Staff now proposes to award a contract to the lowest responsible bidder. Recommended Action: It is recommended that the City Council award a contract to California Pavement Maintenance Company, Inc. in an amount not to exceed $156,933.68 with a contingency of $12,000. AUGUST 16, 1994 PAGE S Requested by: City Engineer 6.12 CROSSING GUARD SERVICES FOR SCHOOL YEAR 1994-95 - The City requested proposals to provide crossing guard services at 10 intersections from three qualified companies for school year 1994-95. Recommended Action: It is recommended that the City Council award a contract to All City Management Services, Inc. in an amount not to exceed $65,000 (hourly rate of $9.25) for the 1994-95 school year. Requested by: City Engineer 6.13 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING ITS INTENTION TO DENY A DEFENSE TO CITY COUNCIL MEMBERS RELATING TO CERTAIN LAWSUITS ALLEGING LIBEL OR SLANDER - The City Council has requested preparation of a resolution for consideration and adoption which declares the City Council's intention to deny a defense at public expense to City Council Members if the cause of action relates to an allegation of libel or slander through the publication of a commuication for general circulation which has not been sponsored or authorized by the City. Requested by: City Council 6.14 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, Inca 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 administration of the City's solid waste permit and assist in coordination of AB 939 activities during FY 1994-95. Requested by: City Manager 7. PUBLIC HEARINGS: None AUGUST 16, 1994 PAGE 9 8. OLD BUSINESS: 8.1 DEVELOPMENT AGREEMENT NO. 92-1, 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, in concept, the applicant's 91 unit project. Council directed 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 be continued from August 16, 1994, to September 20, 1994. Continued from August 2, 1994. Recommended Action: It is recommended that the City Council continue Vesting Tentative Tract No. 32400 and its related application to September 20, 1994. Requested by: Community Development Director 8.2 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.) - This is a request for approval of a mixed use project consisting of land uses including 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 applicant proposes to develop 22 acres of commercial retail/office space, 90 single-family detached residen- tial dwelling units, a 28 -acre neighborhood park and facilitate construction of a middle school. Continued from August 2, 1994. Recommended Action: It is recommended that the City Council continue this project to a future meeting date. Requested by: Community Development Director 8.3 TENTATIVE TRACT NO. 51253, CONDITIONAL USE PERMIT NO. 92-12 AND OAK TREE PERMIT NO. 92-9; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 (APPLICANT: SASAK CORP.) - The applicant requests approval of a 21 -unit single family residential devel- opment on 6.7 acres located adjacent to Morning Sun Dr. On July 5, 1994, the applicant requested and received,a continuance to August 16, 1994 in order to respond to Council comments. The applicant requests a further continuance to September 6, 1994. Recommended Action: It is recommended that the City Council continue this project to September 6, 1994. AUGUST 16, 1994 PAGE 10 Requested by: Community Development Director 8.4 PROPOSED L.A. COUNTY COMMUNITY FACILITIES DISTRICT FOR LIBRARY SERVICES - The County submitted a proposal to establish a community facilities district and to collect charges for supplemental finances for library services. The proposed district would be authorized under the Mello Roos Act of 1982. It is estimated that a 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. Con- tinued from August 2, 1994. Recommended Action: It is recommended that the City Council discuss establishment of a Community Facilities District and direct staff to provide a more complete evaluation. Requested by: City Manager 8.5 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. Continued from August 2, 1994. 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 8.6 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A SPEED ZONE STUDY JUSTIFYING SPEED LIMITS ON CERTAIN CITY LIMITS - The City previously conducted a City-wide Speed Zone Survey in June of 1989 and Ordinance No. 22(1989) was adopted on September 19, 1989. In order to enforce speed limits by radar or other electronic devices, a speed study must be conducted every five years. The survey has been com- pleted pursuant to the California Vehicle Code. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX adopting a speed zone survey justifying speed limits on certain City streets. Requested by: City Engineer 8.7 DISCUSSION RE: ESTABLISHMENT OF MUNICIPAL CAMPAIGN EXPENDITURE LIMITS - Government Code Section 81013 permits tougher disclosure and contribution laws than are found in the Political Reform Act. Continued from August 2, 1994. AUGUST 16, 1994 . PAGE 11 Recommended Action: It is recommended that the City Council discuss the matter. Requested by: C/Ansari 8.8 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 August 2, 1994. Requested by: City Council 8.9 BROWN ACT - EFFECT UPON CITY COUNCIL, LESS THAN A QUORUM. Continued from August 2, 1994. 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 8.10 DISCUSSION RE: CITY COUNCIL SUBCOMMITTEE ASSIGNMENTS. Continued from August 2, 1994. Requested by: City Manager 8.11 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 August 2, 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 9. NEW BUSINESS: 9.1 CITY ATTORNEY REQUEST FOR DIRECTION ON AMICUS CURIAE BRIEF - Knott v. State. Recommended Action: It is recommended that the City Council direct staff as necessary. Requested by: City Attorney. 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 AUGUST 16, 1994 PAGE 12 available for public inspection. 12. ADJOURNMENT: D VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: , l il\ a, ADDRESS: ORGANIZATION: ti AGENDA #/SUBJECT: r� D1 ATE: I C1 1. A el 61 Q -Q-- PHONE: r _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 Al VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK v t, n L V 19 h1 C r T T� R J DATE: r�?3 . 33 0006A,1 C - Ai EK PHONE: (3 ?2[yAT5C/rl'---L^-I tj-- x, — kccs / Z-/6/?1a2 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. //�-, cz-;4= — Signature U TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK Iq eA� / k 1 '5 f2_A iL 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 REGARDING AGEADA ITEM NO. $= y DATE: - 2- / J � 1a TO: City -Clerk FROM:1-44 ADDRESS: 2 ORGANIZATION SUBJECT: OR DFA o(F /4 6f F1 -D,4 1 T rXU g I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. ,moo //� . W S NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: /_ j (� �(—� (�)r�cs�c -- PHONE: ORGANIZATION: 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. i Signature (-~ VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK L FROM: , �� Q ��' "\a� DATE: ADDRESS: ORGANIZATION: 1 AGENDA #/SUBJECT: I expect to address the Council on the subject agenda name and address as written above. re PHONE: have'the Council Minutes reflect my - VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL i TO: CITY CLERK FROM: V G L --f DATE: ADDRESS: PHONE: ORGANIZATION: c1 - ---- --- AGENDA #/SUBJECT: Z� • 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 AUG -11-94 11:05 .FRAM: (D M E T R O FAX COVER SHEET DATE: August 11, 1994 TO. Nancy i-Ei.tehouse - City of Diamond Bar FROM: Hcicn.M. Bolen. M'1 -A Seclgjary. ...!L�� I Ft f. LWT. '1 .i-. j a V 7_. a .,. I MESSAGE: Phyllis Papon aWwd that 1 give you the follcaving information regarding two students who are staying in my hate for a throe -week period as part of the Lions Youth Exchange Program. Arnaud Gilat - 16 years old from Belgium Bernhard Ullrich - 17 years old from Switzerland The Lions Youth Exchange Program is a six-week program where youths are hosted by a family in Northam California and then by a l:am. ly in southern California. The purpose of the per► is to pramt+e world peace and understand - arae friend at a tims. Phyllis tells ms that the m[x4ting starts prmptly at U .m. at ACM. Pleose call me if you neod additi*ml information. My office number is (213) 244-7451 and my hrm number is (909) 594-2424. We are transmitting ? pages, including this cover sheet. Please call (213) 244-7451 if you do not receive the attire document. Our fax number is (213) 244-6036. DRAFT MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 7, 1994 1. CALL TO ORDER: M/Werner called the meeting to order at 7:03 p.m. in the AQMD Auditorium, 21865 E. Copley Dr., Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Werner. ROLL CALL: Mayor Werner, Mayor Pro Tem Harmony, Council Members Papen and Miller. C/Ansari was excused due to illness. Also present were: Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City. Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bb. Rose, Community Services Director and Lynda Burgess, y 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.: 2.1 PROCLAIMED JUNE 14, 1994 "NATIONAL FLAG DAY" - At the request of C/Papen, Council agreed to direct staff to again place the flags on street poles throughout the City and that the flags remain in place until after the July 4th holiday. 2.2 COMMENDATIONS PRESENTED TO FCI SOCCER, GIRLS UNDER 17 DIVISION - In recognition of the "Attitudes" team upon winning the 1994 State cup - Council presented certificates and City pins to all team members. 2.3 COMMENDATIONS PRESENTED TO WINNERS OF THE D. B. JR. WOMEN'S CLUB SPELLING BEE - 1st Place - Sarah Kim, Evergreen Elementary School; 2nd Place - Andrew Chen, Golden Springs Elementary School and 3rd Place - Ted John, Castle Rock Elementary School. Certificates presented by M/Werner. Kathy McKee, President of the Jr. Women's Club, was also presented a certificate commending the Club on their community service. 3. PUBLIC COMMENTS: Don Gravdahl requested that the City purchase supplies and provide more support to the Committee organized to stop the Industry Materials Recovery Facility. C/Papen pointed out that the City produced and distributed flyers to all 17,300 homes stating 8 reasons why we felt that the MRF would be detrimental to residents and included a notice about the meeting to be held by the City of Industry on June 23, 1994. She felt that Council and staff had been actively involved in supporting the MRF committee and reminded all that the City spent approximately $45,000 for a technical analysis of the EIR. Mr. Gravdahl expressed his thanks to all World War 11 veLerai,a for their efforts in fighting for our country 50 years ago and JUNE 7, 1994 PAGE 2 stated that one of the veterans who landed on Omaha Beach was present in the audience at that time. Steven Britt, Chairman, D.B. Technical Subcommittee regarding IMRF, requested that the City reimburse a member of the Committee for purchase of various technical materials and the Industry EIR for a total approximate cost of $115. Further, he forwarded recommendations from the Subcommittee to the Council as follows: 1) that the City retain special environ- mental legal counsel; 2) that said legal counsel be retained with sufficient advance notice to prepare rebuttals to the draft EIR prior to the original response date stipulated by the City of Industry to be June 23, 1994. In response to MPT/Harmony regarding whether the City of Walnut had hired legal counsel in the same capacity, Mr. Britt replied that he knew their committee had discussed the matter but was not sure of the decision by the City. MPT/Harmony stated that he had spoken with Bert Ashley from Walnut and that Walnut would probably hire such counsel. He supported Mr. Britt's recommendation to also hire special legal counsel. As requested by C/Papen, Mr. Britt announced that a public meeting would be held on June 8, 1994 at 7:00 p.m. at the AQMD by the Technical Advisory Committee of the MRF Committee. A representative from the environmental consulting firm reviewing the EIR will be in attendance. M/Werner asked that all issues brought up by Mr. Britt be scheduled for the next regular Council meeting agenda. Caroline Elfelt presented a video regarding the South Pointe Middle School project and thanked the Council for the opportunity to show it. Deborah Schmidt stated that she felt it important to provide the best possible education for her children and that is why her family resides in D.B. However, South Pointe Middle School is only a temporary solution to the need for a permanent, safe and accessible school site. She requested that the Council set aside their differences and reach a compromise. Dr. Ronald Hockwalt, Superintendent, WVUSD, explained that the bid expired with the construction company on April 18, 1994. Plans were submitted to the State Department in January and the $8 million is associated with a rebate on the plan. If the construction company decides not to move forward with the plan and the project must be re -bid, the new plan must again be submitted to the State Department for an allocation. There is a possibility that the rebate will not again be available. He further stated that the District is stating additional written documentation to clarify the rebate situation. JUNE 7, 1994 PAGE 3 Wendy Steinberg stated that her son attends South Pointe Middle School and that she is appalled at the conditions of the temporary school. The site is not safe from earthquakes, fire storms, etc. Jennifer Irikawa expressed concern that some members of the public appear interested in maintaining the view from their homes, while other members of the public are interested in saving the environment for the animals and a third group seems to be "out to get Gary Miller even if it kills me." These groups asked the City to give up the South Pointe Master Plan for them, along with the revenue, the children's park, the soccer field, the baseball field and it was done. Now the parents want the school to be built and request that the groups begin compromising. Debbie Herman also expressed concern that the school needs to begin construction immediately. Martha Bruske expressed concern that the City would be insult- ing the flag by installing them along City streets and leaving them there day and night for several weeks. Flags are supposed to be flown only from dawn to dusk. Those remaining after sundown are supposed to be directly illuminated. Michael Lowe announced that the voter turnout in this election appears to be the lowest in California history. He expressed concern that the new Council majority promised during their campaigns that voters would be able to vote on the General Plan yet it has not been submitted for the ballot. He asked that the majority work toward accomplishing what was promised. Dr. Lawrence Rhodes stated that he supported AB2815 calling for mandatory AIDS testing for sex offenders. Gary Neely asked whether the City had succeeded in working with the Pomona Unified School District for use of their facilities for recreation programs. CM/Belanger reported that the School District indicated that within four to six weeks, a formal agreement would be avail- able. He further stated that the City and the District have worked together informally over the past several years for the use of some of their facilities. Barbara Beach-Courchesne stated that she supported the con- struction of a permanent school for South Pointe; however, she felt it important to rebut some of the statements made in the video: 1) the school is not in jeopardy of losing State monies which was confirmed by the project manager in Sacramento; 2) all alternatives have not been fully explored regarding development of the South Pointe Master Plan; 3) since the construction contract for the school is approxim- ately $16,000,000, it does not make sense that the contractor would give up his position. JUNE 7, 1994 PAGE 4 Gillian Ray, Children's Librarian, D.B. Library, thanked the Council for providing the funds to keep the library open on Thursdays and Saturdays. She would appreciate the funding being continued for the next fiscal year. Steve Nice, Rising Star Dr., expressed desire to get the South Pointe Middle School built. He asked the following questions: 1) why did the School District distribute approximately 1,000 video tapes in which Dr. Hockwalt, Superintendent; Carolyn Elfelt, South Pointe Community Club President; the School President and a School Board Member stated that state funding could be lost if construction is not begun soon. In a letter received from Fernando Alexander, Project Manager, State Allocations Board, Office of Local Assistance, Mr. Alexander stated that "there are no movements afoot to remove the construction apportionments for the Walnut Valley South Pointe Junior High School;" 2) why were taxpayer funds used by the District to assist in producing and distributing the video tape; 3) why is the District lending Mr. Arciero up to $1,150,000 for grading instead of Mr. Arciero going to a traditional lender. This type of lending by Districts is very unusual these days --where is this money coming from? 4) the school sued Arciero and there was a settlement agreement dated September 16, 1993 requiring Arciero to go forward with his grading immediately. Why have they allowed eight months to go by without forcing Arciero to comply? He encouraged approving a grading permit for Mr. Arciero. 4. COUNCIL COMMENTS: C/Miller displayed copies of the following materials on the overhead: 1) Contractor's License issued to him in 1974; 2) B-1 General Contractor's License issued to him; 3) Contractor's License issued to G. Miller Development Co. issued in 1976 and 4) Contractor's License B-1 General Building Contractor issued to Kathleen C. Miller, his wife, in 1989. He pointed out that his father-in-law does not provide a contractor's license for him and that he does not have a contractor's license. C/Papen announced the following events to be held Saturday, June 11, 1994: 1) City of Walnut protest march against the MRF --from Walnut City Hall on Puente Rd. to the corner of Grand and Valley Blvd.; 2) Walnut Sheriff Station Annual Open House, 10:00 to 3:00; 3) the Romanian Street Children's Project will conduct a grand opening at 10:00 in the Alpha Beta shopping center. A storefront was donated to collect clothing and other items for children age 6 to 14 living on the streets of Romania and 4) from 1:00 to 5:00 at the D.B. Library, the first volunteer training program will be held to provide assistance to the library. MPT/Harmony announced that Sidewalk City Hall would be stationed at Albertson's on Saturday, June 11th. Further, he stated that on the previous Saturday, that he discussed the South Pointe Master Plan and the South Pointe School with approximately 30 parents at Alpha Beta. He expressed concern JUNE 7, 1994 67 PAGE 5 that his request for discussion regarding the former City Attorney withholding documents seems to be overlooked on each agenda and stated that he would be withdrawing his request for this discussion because he had turned the matter and the documents over to the District Attorney for follow up. SCHEDULE OF FUTURE EVENTS: 5.1 Materials Recovery Facility (MRF) Committee - June 8, 1994 - 7:00 p.m., AQMD Room CC -6, 21865 E. Copley Dr. 5.2 Traffic & Transportation Commission - June 9, 1994 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.3 General Plan Advisory Plan Committee (GPAC) - June 9, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.4 Parks & Recreation User Group Meeting - June 9, 1994 - 7:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.5 Planning Commission - June 13, 1994 - 7:00 P.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 City Council Meeting - June 13, 1994 - 5:00 P.m., AQMD Auditorium, 21865 E. Copley Dr., re South Pointe Master Plan. 5.7 General Plan Advisory Committee Meeting - June 14, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.7 Materials Recovery Facility (MRF) Committee - June 15, 1994 - 7:00 p.m., AQMD Room CC -6, 21865 E. Copley Dr. 5.8 City Council Meeting - June 21, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: It was moved by C/Papen, seconded by MPT/Harmony to approve the Consent Calendar. C/Miller announced his abstention from voting on Item 6.5. Motion carried by the following vote: AYES: COUNCIL MEMBERS: Miller, Papen, MPT/Harmony, M/ Werner NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Ansari 6.1 APPROVED MINUTES - Regular Meeting of May 3, 1994 - as submitted. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES - 6.2.1 Regular Meeting of March 28, 1994. 6.2.2 Regular Meeting of April 11, 1994. 6.2.3 Regular Meeting of April 25, 1994. 6.2.4 Regular Meeting of May 9, 1994. 6.3 Received & filed Parks & Recreation Commission Minutes for Regular Meeting of March 17, 1994. 6.4 Approved Voucher Register dated June 7, 1994 in the amount of $525,799.19. JUNE 7, 1994 7. PAGE 6 6.5 ADOPTED RESOLUTION NO. 94-25: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING PARCEL MAP NO. 24031, A REQUEST TO MERGE TWO EXISTING PARCELS, TO REMOVE ACCESS AND BUILDING RIGHTS RESTRICTIONS, AND OPEN SPACE EASEMENTS ON A 68 ACRE SITE, LOCATED SOUTH OF GRAND AVENUE, EAST OF SHOTGUN LANE AND WEST OF THE SAN BERNARDINO COUNTY LINE, IN THE CITY OF DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF. (C/Miller abstained from voting on this matter.) 6.6 APPROVED CITY SUPPORT OF ASSEMBLY BILL 2815 - MANDATORY AIDS TESTING FOR SEX OFFENDERS - Letter to be prepared for Mayor's signature in support of AB 2815 and directed the City's lobbyist, Joe A. Gonsalves & Son, to lobby in support of AB 2815. 6.7 ADOPTED RESOLUTION NO. 93-05A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 93-05 ESTABLISHING "NO RIGHT TURN, 4:00 P.M. - 7:00 P.M., MONDAY -FRIDAY, EXCEPT SCHOOL BUSES" SIGNS ON ROLLING KNOLL ROAD AND COUNTRY VIEW DRIVE AT GRAND AVENUE. 6.8 APPROVED LETTER OF AGREEMENT WITH CITY OF BREA TO PROVIDE RECREATION SERVICES FOR 1994/95 FISCAL YEAR. 6.9 ADOPTED RESOLUTION NO. 94-26: A RESOLUTION OF THE CITY COUNCIL OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR CITY-WIDE STREET TREE MAINTENANCE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.10 APPROVED AGREEMENT FOR LEGAL SERVICES RE: COMMITTEE TO RECALL PAPEN AND MILLER v. LYNDA BURGESS, CITY CLERK OF THE CITY OF DIAMOND BAR. PUBLIC HEARINGS: 7.1 (A) ORDINANCE NO. 02A (1990): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 02(1990) ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS; (B) RESOLUTION NO. 90-95B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PERMIT SYSTEM FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE - M/Werner declared the Public Hearing open. Al Simonian, Western Waste Industries, stated that his firm came into the City approximately six years ago and now serves over 7,000 single family homes. Two companies out of the approximately six that operated in the City a year ago still remain in operation today due to the City's strict permit regulations. Western Waste loses 't o erates in D B. so it was decided to money every year i p - JUNE 7, 1994 PAGE 7 spread pickups throughout the entire work week. At one point, 13 Western Waste trucks and it Waste Management trucks were servicing D.B. on Mondays. Red Calkins, 240 Eagle Nest Dr., expressed concern that Western Waste is picking up trash five days a week and complained that the trucks were still operating at 8 p.m. one evening of the previous week. Don Gravdahl stated that the rates seemed to be increased by Western Waste as soon as one of the other haulers left the City. Mike Lowe, 1124 "D" Cleghorn, stated that Western Waste was currently negotiating with BFI for merger of their companies but that Western was not considering leaving the City. Frank Dursa, 2533 Harmony Hill Dr., agreed with the points made by both Mr. Calkins and Mr. Gravdahl. Would like Western Waste to announce their rates for the City of Chino Hills where they have an exclusive franchise. Steven Britt requested that in Section 5, Page 10, first sentence, wording be included to state: "within or through the City.,, In response to C/Miller, ICA/Montgomery stated that, due to Interstate Commerce and EPA laws, trash trucks would be permitted to go through the City. Mr. Britt further pointed out that Section G, Page 7, of the Resolution refers to 5 quarts of uncontaminated waste motor oil; however, waste motor oil, by definition, is always considered contaminated. In addition, in the Ordinance, Section 21 on Page 26 states "Each truck shall also be equipped with a 5 lb. fire extinguisher certified by State Fire Marshal." He recommended that this matter be further researched to increase the extinguisher to 20 lbs. In response to a question by M/Werner, Mr. Britt stated that he works for Earth Management Company and that he is an environmental technician. He is also a certified master technician in leak detection, both electronic and mechanical, for hazardous and explosive materials. Mr. Simonian stated that trucks used by his firm are equipped with 20 lb. fire extinguishers. He urged the Council not to adopt the provision allowing staff to change the pickup day. Dr. Lawrence Rhodes expressed a desire that trash trucks not be on residential streets more than once per week. If there is more than one hauler, the companies should JUNE 7, 1994 PAGE 8 the et togetherareand coordinate pickups for the same day in There being no further testimony offered, M/Werner closed the Public Hearing. C/Miller expressed concern regarding over -regulation of free enterprise systems. On Page 1541 item A, dealing with concerns that trash is being picked up as late as 8:00 p.m., the new version would allow collection hours of 6:30 a.m. to 6:30 p.m. for residential. In regard to the statement on Page 15, item B, "in order to prevent problems of traffic, noise, wear and tear highways or other to public problems having the potential to adversely affect the health, safety and general quality Of life in the community, the City Manager may regulate the routes, intervals, delivery points and time collection by permittees operating within this Cof ityof asked if this regulates days or hours?he CM/Belanger answered that this provision would regulate days. C/Miller stated that this provision is vague and ambiguous doesn't say what will be done or how but says that something could be done. This does not clarify, guarantee or regulate anything. Takes Public Hearing and City Council process out of the loop. Suggested that trash haulers designate which part of town will be picked up on which days each week. Regarding item A on Page 15, M/Werner suggested that the second sentence be changed from "collections from commer- cial/industrial locations" to "collections at commercial/industrial locations.11 C/Miller encouraged language in item B to indicate a desire to have a schedule of areas or routes, or require the hauler to divide the city into sections and indicate that each of those sections are to be picked up continuously and consistently on a given day of the week. This language needs to include wording to indicate that these regulations apply to residential. MPT/Harmony asked whether the two trash haulers currently operating would be required to pick up on the same days or would each company select different days. M/Werner suggested that the section be amended to make the scheduling subject to an approved schedule by the City Council or by some agency. C/Miller stated that if we say we're going to pick up this section of town on Mondays, this section on Tuesdays, etc., we could keep small business from being JUNE 7, 1994 PAGE 9 able to compete because they could possibly pick up from their customers in one day. C/Papen suggested that item B be deleted because it is redundant and confusing. She felt that the City should not be regulating routes and that intervals are already designated --haulers are required to pick up once every seven days. Delivery points would be based on where the company has its staging and that is a private enterprise decision. Times of collection is regulated in Section 8. In response to a question by M/Werner regarding whether grandfathering is a necessity in this situation, ICA/Montgomery replied that Integrated Solid Waste Management Board police power provides that agencies can reasonably regulate the manner and method of pickup so as not to interfere with the franchise. C/Miller indicated that some companies would not agree to the contract because they felt they had five years to cease doing business in the City. ICA/Montgomery stated that that is regarding the permit but the City can still regulate the hours and manner of Pickup even by those firms not regulated by the permit. C/Miller asked Mr. 'Simonian if his firm indicates specific pickup days for each customer and, if the City required the haulers to sector the community over a given amount of days, would that impact his ability to be competitive. Mr. Simonian answered that his firm submitted to staff a very detailed map showing street boundaries and sections. The City was divided into contiguous routes with regular collection on regular days of the week. Following further discussion, it was agreed that the word "routes" would be deleted from item B as suggested by C/Papen. CM/Belanger suggested that the word "days" be inserted rather than using "times" and insert a due process provision that allows for the hauler to have a time to respond to and make comment upon either the City Manager's or the regulating body's comments as well as to allow the community at large that would be affected an administrative hearing procedure. If the determination of the individual or entity given authority at that level is objectionable to the hauler, he would then have the opportunity to appeal that to the Council. If the City Manager were the regulatory person at the administrative level and they didn't like the City Manager's decision, they could always appeal that determination to the Council and the Council would ultimately have it in their JUNE 7, 1994 PAGE 10 hands. That provides a process and an opportunity for the public and the hauler to be heard and to see the basis upon which a decision/ recommendation is going to be made and gives to that entity an opportunity to respond to it. There are samples of due process procedures in the permit Resolution and can be incorporated into this section to provide that kind of process. It seems as though the hauler has a problem with it being arbitrary; if the City Council adopts it as a policy, my sense is he thinks that the day after it becomes effective, that he's going to get a letter that says "you will now go to one day a week." This would allow at least a process by which he can be heard and the community can be heard. C/Papen suggested encouraging the coordination of street sweeping with trash collection. C/Miller stated that on Page 26, Section 26, item B reads "All trucks used in the course of refuse recycling and material collection shall be uniformly painted in a color approved by the City Manager and identified by truck numerals.,, He objected to the need for the City to approve the haulers' colors. CM/Belanger explained that the companies that remain in the City are ones that have painted and signed their trucks in such a way that they are almost trademarks. When somebody sees a vehicle, they have no problems telling who they are. Wording can be used to indicate that trucks must be uniformly painted. It was agreed that the words "in colors approved by the City Manager would be deleted as proposed by C/Papen and that "uniformly painted by company" be inserted instead. It was agreed to change the wording of Section 23, item A, to indicate that failure to pass a vehicle inspection shall result in the prohibition of the use of that truck in the City based on concerns raised by C/Miller regarding Section 23, item A. C/Miller expressed concern about Page 42, Section 28, item B regarding regulation of rates since haulers are not currently required to ask the City for permission to raise their rates. CM/Belanger explained that rates were asked for because rates are compared among the haulers doing business in D.B. and to track the number of haulers. If it should happen that there is only one hauler remaining in D.B. the City would want to restrict that hauler from raising its rates arbitrarily and exorbitantly. C/Miller stated that on Page 43 and 44, it reads "Rate Review. At the City,s sole option, may conduct an annual JUNE 7, 1994 PAGE 11 review of permittees charges for collection, transportation, recycling, composting and disposal service in commercial/residentialconstruction and industrial areas within the City of Diamond Bar." No sooner than 60 days after the conclusion of a rate review and after permittee has been given written notice, the City may regulate rates for those services re ired pursuant to this Ordinance if the following conditions precedent occur: 1) Charges for solid waste collection and disposal services have increased by more than 25% over the previous year; 2) The City Council finds and determines that pursuant to California Public Resource Code Section 40059-1, the regulation of rates charged pursuant to this Ordinance is in the public interest in that it provides reasonable protection for excessive charges for services and insures uniformity in rates; 3) The City Council, after advice of the City Attorney, determines in the sole discretion that it would be legal to regulate rates in the manner described in this section." CM/Belanger explained that the intent of this is to protect against a situation where a single hauler is left who seeks to exorbitantly raise the rates. Two options exist: remove the statement in its entirety or insert "in the event that there remains a single hauler within the City of Diamond Bar, the following shall apply:,, Following further discussion, it was agreed that that section would be removed from the Ordinance (MPT/Harmony objected). Referring to the proposed Resolution regarding the timing of the permit, Page 11, Section 9, C/Papen indicated that the permit would become effective January 1 and remain in effect for 24 months, which would expire three weeks following a City Council election. She suggested moving this date forward to approximately March 31. CM/Belanger explained that the purpose of the January date is to coincide with most waste haulersI fiscal year. By consensus of the Council, it was agreed that the Resolution would be changed to an effective date of July 1st and on Page 16, change "City Manager may regulate" to "City Council may regulate." Richard Callard, 24105 Palomino, expressed concern about operational changes by Western Waste after its permit expired January 1. M/Werner stated that although the permits expired, the same regulations existing in the Ordinance has been followed on a month-to-month basis with monitoring by staff. JUNE 7, 1994 PAGE 12 C/Miller moved, seconded by C/Papen, to waive further reading and approve first reading of Ordinance No. 02A(1990) , entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND ADOPTING BAR AMENDING ORDINANCE NO. 02(1990) REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS. Following advice from ICA/Montgomery, C/Miller amended his motion to include "scheduling can be amended or revised from time to time by a Resolution or Minute Action adopted by the Council, Section D.11 C/Papen accepted the amendment to C/Miller's motion. Motion carried 4 to 0 with the following Roll Call vote: AYES: COUNCILMEMBERS: Miller, Papen, MPT/Harmony, NOES: COUNCILMEp'MBERS: Nonerner ABSENT: COUNCILMEMBERS: Ansari It was moved by C/Miller, seconded by C/Papen to adopt Resolution No. 90-95B entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PERMIT SYSTEM FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE. Motion carried 4 to 0 with the following Roll Call vote: AYES: COUNCILMEMBERS: Miller, Papen, MPT/Harmony, NOES: COUNCILMEMBERS: Nonerner ABSENT: COUNCILMEMBERS: Ansari RECESS: M/Werner recessed the meeting at 10:10 p.m. RECONVENE: M/Werner reconvened the meeting at 10:23 p.m. 7.2 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1994-95 - M/Werner opened the Public Hearings on Landscaping Assessment District Nos. 38, 39 and 41. There being no testimony offered, M/Werner closed Public Hearings. the Following a motion by C/Miller, seconded by C/Papen, MPT/ Harmony expressed concern about the amount of the assess- ments for District 38. He suggested that the fee be reduced by $1.00 per property. C/Papen stated that the Landscape District did not receive the level of service that exists today when the County administered the Districts prior to City Incorporation. JUNE 7, 1994 PAGE 13 M/Werner pointed out that when the County maintained the Districts, there weren't as many medians as there are today, so the County,s great. costs would not have been as It was moved by C/Miller, seconded by C/Papen, to adopt Resolution No. 94 -XX entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1994-95. Following discussion regarding the possibility of reduc- ing the assessment, C/Miller withdrew his motion and moved to carry over this matter to the next regularly -scheduled meeting. M/Werner seconded the motion. Motion carried 4 to 0 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Miller Pa en � P MPT/Harmony, NOES: COUNCIL MEMBERS: Nonerner ABSENT: COUNCIL MEMBERS: Ansari 7.3 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 1994-95 - It was moved by C/Miller, seconded by C/Papen, to adopt Resolution No. 94 -XX entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 1994-95. Following discussion, C/Miller withdrew his motion and moved to carry over this matter to the nextregularly- scheduled meeting. M/Werner seconded the motion. Motion carried 4 to 0 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Miller, Papen, MPT/Harmony, NOES: COUNCIL MEMBERS: Nonerner ABSENT: COUNCIL MEMBERS: Ansari 7.4 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1994-95 - It was moved by C/Miller, seconded by C/Papen, to adopt Resolution No. 94 -XX entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1994-95. JUNE 7, 1994 8. PAGE 14 Following discussion, C/Miller withdrew his motion and moved to carry over this matter to the next regularly - scheduled meeting. M/Werner seconded the motion. Motion carried 4 to 0 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Miller, Papen, MPT/Harmony, NOES: COUNCIL MEMBERS: Nonerner ABSENT: COUNCIL MEMBERS: Ansari 7.5 CONSIDERATION OF THE FISCAL YEAR MUNICIPAL BUDGET1994-95 GENERAL , SPECIAL FUNDS AND CAPITAL IMPROVEMENT PROGRAM - CM/Belanger recommended that the Council open the Public Hearing, receive testimony and continue the matter to June 21, 1994 for further testimony, comments and adoption. M/Werner opened the Public Hearing and with consent of Council, continued the Public Hearing to June 21, 1994. OLD BUSINESS: 8•1 ORDINANCE N0. 5A(1991): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND TITLE 22, AS AMENDED, BAR AMENDING CHAPTER 22.66 OF AND CERTAIN PROVISIONS OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE REGULATION OF SIGNAGE IN THE CITY OF DIAMOND BAR - Gary Neely, 344 Canoe Cove Dr., expressed a desire to discuss pre-printed political signs posted on private property without the property owners' consent and the need to re -define "graffiti" in the graffiti ordinance. He asked that these matters be scheduled for an agenda in the near future. C/Papen suggested that Mr. Neely's concerns be referred to the Planning Commission for a recommendation. ICA/Montgomery pointed out that it's not the City's place to determine whether a property owner has given his consent to erect a sign on his property, but rather, the property owner has every right to remove the sign and file a claim under the Penal Code. M/Werner requested a report from staff and the City Attorney regarding this issue. C/Miller asked whether Mr. Neely was looking for an enabling ordinance to make it readily and easily enforceable when things like this happen rather than deal with the trespass issue. C/Papen moved, and C/Miller seconded to adopt Ordinance No. 1) entitled: OF THEHE CI AN ORDINANCE OF THE CITY COUNCIL CITY OF DIAMOND BAR AMENDING CHAPTER 22.66 OF JUNE 7, 1994 PAGE 15 TITLE 22, AS AMENDED, AND CERTAIN PROVISIONS OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE REGULATION OF SIGNAGE IN THE CITY OF DIAMOND BAR. At the suggestion of ICA/Montgomery, C/Papen amended the motion to indicate adoption by title onl y. amended his second. Motion carried by the follo ing1ller Roll Call vote: AYES: COUNCIL MEMBERS: Miller, Papen, MPT/Harmony, NOES: COUNCIL MEMBERS: Nonerner ABSENT: COUNCIL MEMBERS: Ansari C/Papen moved, C/Miller seconded to adopt Ordinance No. l9gij. Call vote: Motion carried 3 to 1 by the following Roll Cal AYES: COUNCIL MEMBERS: NOES: Miller, Papen, M/Werner COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ansari nsari 8.2 SELECTION OF CITY ATTORNEY proposals in response to the City,sesolicitation for1tted City Attorney services. Continued from May 17, 1994. As recommended by staff, the Council will conduct confidential interviews at a Closed Session specifically designated for that purpose. 8.3 DISCUSSION RE: COUNCIL SUB -COMMITTEE FOR LIBRARY SERVICES - Continued to June 21, 1994. 8.4 DISCUSSION RE: UTILIZATION OF $10,000 GRANTED TO L.A. COUNTY LIBRARY, DIAMOND BAR BRANCH, FOR LIBRARY MATERIAL - C/Papen requested the Council to consider removal of the restrictions on the $10,000 grant for library materials as the County could not accept the grant under its present terms. It was moved by C/Papen, seconded by M/Werner, to award the grant for acquisition of reference and periodical materials appropriate for high school students and that they be placed in circulation in the City of Diamond Bar. AYES: COUNCIL MEMBERS: Miller, Papen, MPT/Harmony, NOES: COUNCIL MEMBERS: Nonerner ABSENT: COUNCIL MEMBERS: Ansari 8.5 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING NAMES OF COUNCIL MEMBERS - To ban placing Council Members, names on public works construction project signs Continued to June 21, 1994. - JUNE 7, 1994 PAGE 16 8.6 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY - MPT/Harmony announced that he had turned the matter over to the District Attorney for investigation and requested that it be eliminated from future agendas. 9. NEW BUSINESS: 9.1 DISCUSSION RE: ORDER OF AGENDA ITEMS, BEGINNING TIME FOR REGULAR CITY COUNCIL MEETINGS, June 21, 1994. AND OTHER ISSUES RELATED TO THE CONDUCT OF CITY COUNCIL MEETINGS - Continued to 9.2 CITY ATTORNEY REQUESTS DIRECTION ON AMICUS CURIAE MATTERS - Continued to June 21, 1994. 10. ANNOUNCEMENTS: None. 11. CLOSED SESSION: None held. 12. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned to 11:26 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk 1. 2. MINUTES OF THE CITY ADJOURNED REGULAR MEETING OF THE JUNE 13, 1994 i COUNCIL DRAFT CITY OF DIAMOND BAR CALL TO ORDER: M/Werner called the meeting to order at 5:00 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Werner. ROLL CALL: Mayor Werner, Mayor Pro Tem Harmony, Council Members Ansari and Papen. Councilman Miller was excused due to A potential conflict of Interest. Also present were Terrence L. Belanger, City Manager; Frank Usher, Asst. City Manager; James DeStefano, Community Development Director; George Wentz, Interim City Engineer and Lynda Burgess, City Clerk. PUBLIC HEARING: 2.1 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 MAP 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND 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 - C/Ansari stated that information needed was to be received by her on Friday; however, Mr. Arciero contacted her on Friday to say that he wouldn't be able to meet with her and Mr. Dabney until Saturday and that the information wouldn't be ready until Saturday night. She further stated that she did not receive the information until 1:30 today and at that time she met with Mr. Arciero. and that, due to her inability to review the information thoroughly, she felt she would not be able to make an informed decision. M/Werner stated that there is a South Pointe Master Plan wildlife Corridor Biological Assessment previously submitted, which is a supplement to the Environmental Impact Report to address concerns raised regarding the existence of a wildlife corridor. The report is avail- able for review and Council Members had the report since Friday. He further stated that he received several letters from the School District, one from Mr. David Fallis, Supervisor, North Area, addressed to Mr. Clay Chaput, clarifying what might have been a misunder- standing regarding Mr. Fernando's letter to Mr. Nice, asking for some updates on funding for the South Pointe Middle School. The letter states that "if the district fails to proceed with the execution of the construction contract, the JUNE 13, 1994 PAGE 2 following may occur: first, the State Allocation Board could vote to rescind the construction apportionment; second, the District could be authorized to rebid the project with no increase in the allowance and would have to fund any increased costs." If they were to lose their contract and go out for a new bid, and if those bids come in at a higher cost, and the rebid project could exceed the allowance by more than 10$, which is a State stand- ard, the project would no longer be in compliance with the provisions of the Education Code and, therefore, the bid would not be acceptable. So, the letter was offered as clarification. He further stated that each of the Council Members received a copy of it. He stated that he had received a 4 page letter from Martha Bruske raising several issues, which every Council Member also received. He stated that all correspondence received would be part of the public hearing record. He indicated that the Public Hearing had been closed for the last two weeks, and since then, the Council had been deliberating on the South Pointe project and its individual components over the course of the last few weeks. He then asked for an update from the developers so all Council Members can have a complete understanding of additional alternative analyses in order to make a final decision. MPT/Harmony stated that he had just received the package that C/Ansari referred to and had not yet been able to review it. C/Papen asked C/Ansari if she would enumerate the five different proposals that she asked the developers to review and consider as additional alternatives to the project; and whether C/Ansari now had all the information she needed to make a decision. M/Werner stated that the Council received a lot of public testimony on the project along with additional written correspondence and telephone conversations. He asked if the Council had any objections to allowing or disallowing further testimony at this time. MPT/Harmony stated that he felt that, due to the Council going through more plans, more testimony should be allowed. But before taking more testimony, the developers should speak, so those ideas can be responded to. Frank Arciero Jr., Arciero & Sons, apologized for not having reduced plans of all the alternatives. He stated that he met with C/Ansari last week to try and develop alternatives to the plan that were generated through concerns that she had as well as the homeowners had. After the meeting on Monday, he instructed Mr. Dabney to start researching the alternatives. Unfortunately, between Tuesday and 7:00 a.m. this morning, it has taken JUNE 13, 1994 PAGE 3 that long to research the information properly so that what is presented is in its true and informative fashion. He further stated that one of the alternatives that C/Ansari wanted to explore was to try and confine all of the development onto the existing property that Arciero & Sons currently owns and that she wanted to stay out of the canyon (development only on the easterly portion of the property), 12 acres. On a map, Mr. Arciero showed what he was talking about in regard to an alternative. He stated that Brea Canyon Rd. would be an access into the parcel. The pad would be graded to 780, leaving 12.4 acres of flat, graded, useable land. Their basis was to go down to the streambed, stay 40 ft. out of the streambed, take a point and start a 2-1 fill slope up to the project, then do the grading and try to get an access road up to.accommodate whatever would be developed up in the other area. In response to M/Werner, Mr. Arciero stated that the streambed itself is approximately 660 contour, but goes down to about 640 --about 140 ft. of elevation difference. There would be approximately 528,000 yds. of dirt to be cut -filled. He further indicated that they would go to an upscale condo type concept. It would be high density, small units; however, it's questionable whether or not that would work economically. M/Werner asked if it would be about the same as the Grand Ave. apartments. Mr. Arciero stated that it would be approximately 1100 to 1200 sq. ft. maximum. He further stated that it does not give other access to the school district, in regard to alleviating the traffic congestion. He further discussed Alternative No. 1 and indicated that this was an alternate in regard to the road access to the school site and subdivision using Alternate No. 1 as the number of units or close to the number of units that would be developed on that part of the RnP property. They tried to stay out of the streambed area, and just do a crossing with an arch culvert pipe. The entrance would come up on a 12% grade to the top of the hill, then transcend down the hill and into the canyon. This would change to a 15% grade on the transition down into the bottom of the canyon, and then coming from the canyon back up to the school site. He then showed the cut and fill areas. In the fill areas, it would be 1.5-1 fill slope, which is a little steeper, to try and make it work, staying out of the streambed area; however it has not been looked at by his soils or geologist. The fill slope would be 100 to 110 ft. in elevation on the slope. The cut slope would be approximately 60 ft., plus or minus. In response to M/Werner's inquiry into how much dirt the road would displace, Mr. Arciero asked that Mr. Dabney JUNE 13, 1994 PAGE 4 answer the question of dirt and tree displacement. He further stated that he had asked Mr. Dabney to come up with an alternative from the property that the City currently owns, to take the road straight across to the school site. However, he told Mr. Dabney to stop after 3 hrs. of working on it. He went on to state that in Alternative No. 1, an arch culvert , 9.42' high, was proposed to allow pedestrians, horses and other animals through it, with a sidewalk on one side only. There would be a 2' flat area and either a cut or fill would begin. The area picked has the least amount of trees. C/Ansari asked if the road considered is still going through the Pathfinder Homeowner's Assn. property and Mr. Arciero stated that it did. Mr. Arciero showed Alternative No. 1 on the map and stated that they propose lifting the restriction on 62 acres, with the total number of acres being 72. M/Werner stated that he had been told that the homes that are being proposed will back up directly to existing Pathfinder Homeowner's Assn. lots. Mr. Arciero stated that they would not, and that the closest lot to an existing residence is 230' from the backyard to the proposed back yard. In response to C/Ansari's request to review the roadways, M/Werner asked if staff had had an opportunity to review the plans submitted by Mr. Arciero this afternoon and/or Alternative 1. CM/Belanger stated that as far as the roadway is con- cerned, staff had reviewed it; however, there may be a difference in assumptions made in review of this project in terms of the amount of earth being proposed to be moved. Staff analysis indicates a larger quantity of earth than Mr. Dabney's indicates that is going to be moved in Alternative No. 1, that may be as a result of assumptions. Mr. Dabney stated that a road can be built at any grade requested anywhere in the world, it's just whether or not you really want it the way it ends up being. C/Ansari stated that she would like time for staff to review the Alternatives and review the information given today. She stated that she felt that staff had not been given enough time to review it. C/Papen stated that she felt that staff does not need time to review the additional alternatives of roadways going through the Arciero property. It's obvious that a school will be built at the top of the hill and a road JUNE 13, 1994 PAGE 5 needs to be constructed that the leastas the least amount amount of fill' curves, the least high slopes, the least amount of grade work and the least amount if Alternative proposed, other than No. slopes. Every those has grades in excess of 12�. Buses g t up the grade slopes, billowing out smoke trying She further stated which would cause more pollution. in her opinion, the questions have been answered. that, does it meet the City standards, Is it possible, maybe, hav no. If it doesn't meet the standards why go further, normal development in the community dollars pursuing spending staff time and taxpayer's, alternatives that don't . 1, with possibly one modif e o of the alternatives, No ernativ tion, is really the altthat will wand allow them to things: solve the school's p short start construction on the site on a relatively saving e; not impact the blue line stream, amount of tim t ill have 72 acres of a canyon and the road o the school earth work the least grade and the least amount of property. She through the canyon to reach the the c road son t e subject t staff align en spa but suggested tha property and not invade the HomeownersP' rty itself and that the road be on the subject prof approve Alternative No. 1 with that modification. MPT/Harmony stated that in regard to the Homeowner he Assn., there should be some effort o the heRnP to talk to p developers if they're going ecta- directly with the Pathfinder's ts as t o ve ewshed and exp They set had implied property g which was tions when they bought their property, nd they expected that aside by the County as open space, it would remain open. He further stated that he knows that the Homeowner's Assn. erhad h stated that he would ired an attorney al kend lt° to bring suit. He fur that was originally see some consideration on the project he would also like to see planned by the school district; back after talking with the the Homeowner's Assn. e and he would also 1 ke to see developers on the project; discussed people in the audience speak on what has been tonight and continue the Hearing. M/Werner asked the President of retainethe downer's Assn. if, in fact, an attorney had beennd Barbara Beach-Courches eas that an tated t her attorney shad sthe been President and confirm retained for a possible lawsuit. C/Ansari stated that it is a fact that the reason Why they're at this meeting is due h Ra land use problem. property. The older trees discussed are on the Columbus Tree is on the RnP property. The Homeowner's Assn. is planning to sue RnP and the City if Alternate JUNE 13, 1994 PAGE 6 No. 1 is planned tonight. This can hold up the school being built. Arciero has a blue line stream. Arciero has no restrictions on his property. There are deed and map restrictions on the RnP property. We have turned down parcels 1 and 61 attempting to lift map restrictions Off of property and yet do not wish to lift restrictions from the RnP property. She stated that she had been trying to work with Mr. Arciero to get the school built. The road goes through the Pathfinder's Homeowner's Assn. and is unacceptable and finally, it is one area that needs to be worked on and even staff has not had the opportunity to look at these plans and address them clearly. She further stated that she would not vote on anything unless staff had looked it over thoroughly. M/Werner stated that even though the information was received today, and the fact that staff had not had time to review it, he will take it at face value. He stated that it is important to understand that hillside property is being discussed and usually there is one best way to cut a road in hillside property and that's to follow the terrain and avoid the hillsides as much as possible. The roadway that goes into Option 1 appears to be the most environmentally -sensitive approach, from a grading stand- point, to get access to the development area and school. It preserves the canyon and provides a secondary access to the school. It gives the city, in exchange for lift- ing map restrictions on 62 acres on RnP property. 72 JUNE 13, 1994 PAGE 7 C/Ansari moved, MPT/Harmony Following discussion, seconded to continue the matter to 5:00 P.m, on June 15, 1994 at the Heritage Park Community Center. Motion carried 4 to 0. 3. ANNOUNCEMENTS: None. 4. ADJOURNMENT: With no further business to conduct, on M/Werner adjourned the meeting at 7:00 P.M. to 5:00 P. Wednesday, June 15, 1994 at the Heritage Park Community Center, 2900 S. Brea Canyon Rd. ATTEST: MAYOR LYNDA BURGESS, City Clerk RESOLUTION NO. eq -VD A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING ITS INTENTION TO DENY A DEFENSE TO CITY COUNCIL MEMBERS RELATING TO CERTAIN LAWSUITS ALLEGING LIBEL OR SLANDER AND DECLARING SAME TO BE OUTSIDE THE SCOPE OF DUTY WHEREAS, Part 7 of Division 3.6 of the California Government Code, commencing at Section 995, sets forth certain reauirements for the provision of a defense to Citv Council Members who ify I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby coo that the the City Council foregoing Resolution was passed, adopted and approved at a regular meeting 1994, by the following of the City of Diamond Bar held on day of vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk 1. 2. kXMUXM0 off TnE CITY COUNCIL ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 15, 1994 CALL TO ORDER: Mayor Werner called the meeting to order at 5:01 p.m. in the Heritage Park Center, 2900 S. Brea Canyon Road, Diamond Bar. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Werner. ROLL CALL: Mayor Werner, Mayor Pro Tem Harmony, Councilmembers Ansari and Papen. Councilmember Miller was absent due to a potential conflict of interest. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; Robert Searcy, Associate Planner; David Liu, Senior Engineer; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. PUBLIC HEARING: 2.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8; OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT MAP 32400; CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO. 92-9; THE SOUTH POINT MASTER PLAN - Continued from June 13, 1994. M/Werner stated that, on specific requests, the Council asked the developer, school developer and members of the public to address particular questions and that was the extent of the public input. He advised that this meeting's object- ive was for the Council to deliberate on issues assoc- iated with the South Pointe Master Plan. C/Ansari expressed concern Hearing for the reason that additional information that Council. about closing the Public some of the public may have may need to be heard by the C/Papen stated that there should be no reason for re -opening the Public Hearing. M/Werner agreed with C/Papen to keep the Public Hearing closed. MPT/Harmony asked the City Attorney if the Council needed to give notice to re -open the Public Hearing. ICA/Montgomery advised that per the Brown Act, April 1994 Amendment, if any new information is available and not already discussed, the public would have the right to comment on the new information. C/Papen expressed concern about re -opening the Public Hearing because it may delay decisions. JUNE 15, 1994 PAGE 2 ICA/Montgomery reiterated that the Public Hearing only needs to be re -opened if there is a new discussion of topic. He read Brown Act Section 54954.3: "The agenda need not provide an opportunity for members of the pub lic to address the legislative body of any item that has already been considered by the Council." M/Werner advised that concerns were raised about going over the Homeowners' Assn. property. Jan Dabney, consultant for the project owners, advised that he reviewed C/Ansari's concerns and stated that it was the same approach that any engineer or developer would take regarding the fact that the road goes down to the canyon and across the slide. He advised that is the preferred location for the road and explained that he would excavate the slide area down to the cause of the slide --approximately 50'. The slide that exists, down- hill from the property, is of no meaning. He would repack the material to its natural grade and drill, excavate or do whatever is necessary to satisfy the Council. Regarding the RNP property, he stated that he would submit a sketch for Council's consideration. He further stated that the proposed access to the properties of the Pathfinder Homeowner's Assn. had been relocated and that there is a 70' access to the grade coming off of the street rising from Brea Canyon at 6% grade and then into an 8% grade as it comes up to the school district. By relocating the access, the height is increased. This proposal raises about 47'. C/Ansari expressed concern with the landslide problem. M/Werner advised of the proposal from RMA for an additional $108,000 worth of drilling on the project. He stated that one of the concerns is, at what point does the City address the additional research at the time of the commercial and park developments. He also stated that in the previous Master Plan, commercial developers proposed that it was uncommon in the area to have a landslide. The question stithe mains a ar ea andd the City needs a response regarding CM/Belanger advised that landslides are dealt with by having special studies conducted. C/Ansari questioned what type of wall, i.e., brick, cinder or block, would hold back soil from the blueline stream in the canyon area, if needed. Mr. Arciero advised that a retaining wall had not been considered and that there is no reason to describe a wall unless the City desires to have one constructed. JUNE 15, 1994 PAGE 3 M/Werner suggested that a retaining wall be discussed at a future date. CM/Belanger advised that the Council could come back and discuss any specific matters within those parameters. C/Papen advised that having the road recompacted to alleviate those conditions is a standard procedure. CM/Belanger expressed concern about the project and the road being built on the slide. He advised that this could cause continual problems for the City to maintain. Mr. Arciero clarified by stating that there are land- slides A, B and C. Landslide A would affect some of the proposed housing units, specific lots. Landslide C is the one across the proposed roadway that doesn't include any residential units. Landslide B is half on and half off the RNP property and again doesn't affect any residential units. He also commented on PBA. There are knowntwo PBA as the technical issues and as a part of those, 47851 and LaPeter map, the Council approved two maps, 45787. These maps required additional geotechnical eval- uation as a condition of a tentative map in relationship to the two lots. In terms of how the prioro a Council shes to decis- approach the geotechnical information p ion, he advised that the City could either allow the information be brought as a result of the tenta Which is ive map process in responding to conditions of the map, not approved until those issues are resolved, or the City can ask the developer to resolve Ino e issues sues'ofbefore f ore being willing to approve the map. the ma being both of those procedures were followed by P approved and the geotechnical information and detail came back subsequent to approval, in the case of some of the soils issues which were identified in preliminary rep and the opposite occurred which said that the Citt do a more detailed geotechnical analysis before approving maps. ACE/Liu advised that the current inorat they have for this particular project is a preliminary nd they need to see additional information. M/Werner reiterated that soil and geotechnical studies are preliminary and it's up to the Council whether they want more specific information or whether it s sufficcient to require that level to be built at the time prior the coordination of the maps or anytime in between. C/Papen asked which is more damaging to the canyon, the south end or north end. C/Werner also questioned if there had been any close encounters concerning landslides. JUNE 15, 1994 PAGE 4 Mr. Arciero answered that they had had close encounters. He also advised that he looked into a couple of the proposals: (1) a roadway coming from the south, about where the gas plant on Brea Canyon Rd. would come across and run parallel to the creek bed and across the creek bed at just about the RnP and Arciero's property line. Earth movement needed would be approx. 500,000 cubic yards and would result in a culvert up over the stream in order to protect the streambed of approximately 1651; (2) a roadway just north of the area known as the water district site, which represents about 600,000 cubic feet of cut and fill in order to create the roadbed that allows for the span of the canyon and maintains accept- able road angles. This would result in a 300' culvert over the creek bed because there isn't enough distance between Brea Canyon Rd. and the school property to get the road angles --the road bed up has to be built up to reduce the slant of the road. Regarding which access, northerly or southerly, would do the least damage to the canyon, he stated that it depends on what is considered damage to the canyon. The access off of Brea Canyon Rd. has hardly any trees between the ridgeline and the school district property. He advised that this is a large open area, but it does create a huge division be-tween the north and south portions of the canyon because the roadbed will be up in the air and fairly large at the base. The base of the roadway would be 100' in the air. C/Papen expressed concern about the measurements of the roadway built up so high. C/Ansari advised that she asked three independent civil engineers and gave them different scenarios to come up with where the roadways should go in the canyon. She advised that these engineers suggested bridging the blue - line stream which would be approximately 250' long, approximately 30' wide and the rain water would run off into the canyon stream. She advised that because the bridge would be 30' wide, this road could be used for school traffic, fire and police service. C/Papen expressed concern about the 36,000 cubic yards of dirt to be moved. She also commented on why the City should use school and transportation funds to build the 30' road. She felt that the Council should agree to move the least amount of dirt in the canyon and that would be the alternative that would save the trees, etc. M/Werner advised that after talking with the developer and asking for a more serious plan for development of the canyon, the developer proposed thatif housing were reduced to 60%, traffic impact would be reduced, there would be no commercial development, the blueline stream preserved and the significant movement of dirt would be eliminated or substantially reduced. He advised that the JUNE 15, 1994 PAGE 5 road alternative that C/Ansari proposed cuts through the ridgeline that people indicated "don't cut down our hill because it's going to cause noise from the freeway." C/Ansari suggested that the Council immediately give Arciero a grading permit to move dirt onto the property, that filling the stream should be avoided by bridging it, that the City apply for temporary permits from Fish & Game and Army Corps of Engineers to bridge the stream, that the City not fill the canyon and that the City allow filling an area away from the stream and start building when negotiations for the best project takes place. MPT/Harmony expressed support for C/Ansari's approach and advised that on September 16, 1993, Arciero & Sons, Walnut School District and First Title Company executd an agreement regarding the property being built. Arciero sold property to the school district known as the South Pointe Middle School site in 1988 and a condition of sale was that Arciero was to perform grading on that site including placing of soil on the remaining Arciero prop- erty in accordance with the grading described in the Environmental Impact Report approved by the district. That's the property east of the school site. He also stated that placement on the surplus property is des- cribed in the EIR as follows: build the total site, easterly adjacent build site will receive excessive soil materials derived from the school site grading. Com- pacted build materials will be placed within the major north to south grading, natural grading. Arciero has not at this time completed that grading and Walnut School District has gone so far as to guarantee that they will loan him the money to do it. Walnut School District agreed to fund up to $1,150,000 for grading and disposal of dirt onto Arciero's property to be accomplished under this agreement by Arciero. It doesn't impact anyone's property rights, environmental oak trees, impact slide areas. He then stated that the County approved the Pathfinder Assn,. the County Regional Planning Commission said okay to allow a higher density on this open space, but there is land surrounding the entire development program that will remain open space, 70 acres owned by RNP. The County guaranteed that there would always be this open space. They wrote on the maps "no building." Brock had title to the land and the developer came along and bought it for pennies. This land was valued at $9.00. The tax collector said it had no value and no money to collect on it. He advised that if the school district property is built on, the City will still have 70 acres of preserved open space. He recommended that the school district issue a grading permit, put it on the east side of the blueline stream and invite Mr. Arciero to come back with a fully, well thought out, well engin- eered, well geologically -structured plan with city consultants, Planning Commission review, Council review JUNE 15, 1994 PAGE 6 and all the technical support for a quality project. The City can issue a grading permit and invite the developer to come back with a plan that is verifiable, that is real. MPT/Harmony moved and C/Ansari seconded to allow the developer to revise his plan as to where the dirt will be moved, issue a grading permit to Arciero and the School District so that the dirt can be placed on the eastern side of the blueline stream. C/Papen questioned the difference in timeline and moving the dirt proposed by C/Ansari and MPT/Harmony. Mr. Chaput advised that he would get the details from the School District as soon as possible. He also advised that disposal of the dirt in the canyon, as proposed by the EIR, is not entirely to the east of the blueline stream; in fact, it infringes upon the blueline stream. The dirt will be a disruption to that canyon area. He stated that they cannot dispose of the dirt without the proper permit from Fish & Game and the Army Corps of Engineers. He also advised that the permits might take from 3 to 8 months to obtain. If there is an opportunity to dispose of the dirt on the RNP site, it can be done much quicker than that, if there is no infringement on any blueline stream. C/Ansari asked staff whether by bridging the blueline stream and using scrapers to move the dirt, could a temporary permit be immediately obtained from Fish & Game and the Army Corps of Engineers. CM/Belanger advised that if there is temporary crossing of the stream, if it is intended to inundate the stream at some future time, the school district will still be required to get a permit from Fish & Game. If the dirt is going to be moved across the stream with no permanent impact, then permits can be documented in a shorter time frame. MPT/Harmony stated that Mr. Liu indicated that this motion is not to go with this agreement and the EIR developed at that time was modified so that we stay out of the blueline stream. He further indicated that the idea was that everyone preserve the stream along the hillside and the trees that are on the westerly part of the canyon. The hillside can take the dirt, some of the dirt can be moved out by truck and there are other alter- natives and options, but the major portion of that dirt should not be stored there. C/Papen asked if Mr. Arciero could move the dirt onto RnP property while the application was submitted for the blueline stream and how soon could that 400,000 cubic JUNE 15, 1994 PAGE 7 area dirt be moved onto RNP property. She also stated that the alternative issue proposed by MPT/Harmony and C/Ansari does not address the issue of the road but would cost the School District millions of dollars and delay the project 4-5 months compared to proposal 1 and the construction could start now. M/Werner advised that the proposal is now on the floor for a workable way for the school to begin construction. Mr. Chaput advised that, in his opinion, it does not pro- vide what is needed in order to get the school moving. He further stated that he doesn't speak for the school board and advised that he didn't know exactly what the school board would do. Mr. Arciero advised that the papers were in conjunction with the tentative map filed with the City in 1989 or 1990 and that if the Council approved the plan now, then he would go along with the proposal, but he cannot afford to move the dirt onto his property and stockpile it because there is not enough room without damaging and encroaching on the streambed. Most of the property being discussed has an open space designation and there are 2 open space lots that indicate deed restriction, not open space. For whatever reason the County had, they didn't tell anyone that the deed restricted property was going to be open space. In response to C/Papen, Mr. Arciero advised that if Alternative No. 1 was approved, assuming that the project started today, he would construct his options, design the grading plans, go to the City for review for a grading permit, clear and gut the area, including the dirt. In a matter of a week, he would have equipment on the job moving and it would take another three weeks to move the 400,000 yards of dirt. He advised that the job would take at least 5-1/2 - 6 weeks from today. In regard to the alternative MPT/Harmony was questioning, he had not had an opportunity to research going to Fish & Game and the Army Corps of Engineers to acquire their permit and to do a crossing of the spring bed. He advised that as long as he crosses the streambed, they will want to see detailed plans. This will take at least 4-5 weeks or longer to design the crossing, submit the plans, go back and forth for review process and ultimately try to get a permit. MPT/Harmony stated that RnP properties and also the properties on Grand Ave. are preserved from building on them under different sets of laws. People who bought the homes, saw the maps, knew that the land was restricted for no building. It must be dedicated as park space. It was open space and the homeowner bought with that under- standing. He advised that Arciero and the School JUNE 15, 1994 PAGE 8 District signed the agreement knowing that there was a new ordinance requiring hillside grading, not to build on top of hills. He stated that Arciero signed the agree- ment with the school district when the hillside ordinance was in effect, establishing criteria on how hillsides are developed. Mr. Arciero advised that his map was filed before the City's ordinance was in place. C/Papen stated that the Council cannot pass a new ordin- ance and then impose it on somebody who already filed a map. she advised that the ordinance had been in place only 6 months and the maps have been with the City for more than 3 years. ICA/Montgomery advised that if the Council approved the map as it was presented, then anything subsequent to it would not have an effect on it. He also advised that on a modified map, the developer has the election to either agree to a modified map or stick by his guns and have it not fall under the ordinance. M/Werner asked if the Council could approve the grading plan but not approve the tract map. ICA/Montgomery stated that the grading plan states that he cannot grade something that wasn't approved. M/Werner stated that the Council could approve or deny the entire map. Mr. Arciero advised that he didn't want to be stuck with that dirt on his property knowing that the Council could change their mind later about moving the dirt. In response to MPT/Harmony regarding the difference be- tween the former tract map and the master plan map, ICA/Montgomery advised that he didn't know the relation- ships of the two maps. There could be 2 tract maps pending on a property. The City could approve one and deny the other or incorporate another map as an alterna- tive or a modification. CE/Wentz advised that the first tentative map is the one submitted prior to Incorporation for approximately 88 units. The tentative map relates to south Pointe which has approximately 90 residential lots with some commer- cial acreage in that particular map. The first map differs because it was anticipated that the project would be built on its own and; therefore, it would be graded from the property line and the view from south to north would essentially manufacture a slope with some elevation and on top which would be homes running completely across the canyon. Essentially, that map proposes to kill the JUNE 15, 1994 PAGE 9 canyon. The Master Plan incorporated over the Moasster Plan area grading proposals would have been the property rP Y steep or obviouslooking grade so there would be no plan does not south and north. He advised that the access the school like the earlier map. M/Werner advised that open space is nothing more than visual open space; it is still privately -owned land, so it should not be noted as meaning open space, which would mean access by the public. MPT/Harmony stated that by running a highway through the canyon, having building restrictions with Pathfinder Homeowners Assn. and, moving toward the Arciero property, the grading is allowed. MPT/Harmony moved and C/Ansari seconded to issue dirt to Arciero and the School District a grading permit be placed on the eastern side rof e bl v uelintee stream. Motion failed by the following roll AYES: COUNCILMEMBERS - Ansari, MPT/Harmony NOES: COUNCILMEMBERS - Papen, M/Werner ABSENT: COUNCILMEMBERS - Miller C/Papen advised that the Council asked the people of the community to show proof that they paid extra for their property so that they would be guaranteed that the canyon would not be developed. She did not understand how houses constructed 100-150' below those of members of the Pathfinders Homeowners Assn. would infringe on their pri- vacy. The nearest neighbor would be at least 9 stories below them. The School District needs to start construc- tion now. She also advised that there is not sufficient water pressure up there and a water line installed which could cost in excess of $150,000. There is tremendous public benefit in removing the map reshe road from with hBthe reduced number of houses and bringing t Canyon. C/Papen moved, M/Werner seconded that Arciero and RNP combine their property, donating the 72 -acre canyon to the City, being allowed to build 107 to 115 homes on the RnP property and construction of the road to Brea Canyon. C/Ansari commented on the wonderful development project in Sandstone Canyon commercial area where the City could get $1.1 million in tax revenue. She stated that during the last election, some candidates ran on land issues regarding map restrictions and South Pointe School being built. This project is a land issue. The school is another issue. She commented on asking Arciero to scale down his project. She advised that she had a definite problem with the map restriction. JUNE 15, 1994 PAGE 10 C/Papen advised that she was the one who made t emotion to remove map restrictions on lots 1 and 61. Salso advised that she would not accept asubstandard street. r There is a benefit to removing map there are eight on this piece of property that do not apply, restrictions and million reasons for removing the map that is for construction of the South Pointe Middle School. MPT/Harmony stated that he wanted to resolve the further problem for the school district to move forward. stated that hw school access road a nevTheer been put on the district does not top of a hillY e old plan either, but the are trying to do the like th best they can. A simple motion is needed for the grading permit. C/Ansari advised that the road over the stream isspecial estioned because this is a special circumstance. She questioned if it was unusual to have a road this size. She ding permit commented on the Council agreeing on the to move the dirt. CE/Liu did not believe that the City had any roads like that, maybe in the Country and maybe residential streets, but not access roads. t he tried to be fair and had Mr. Arciero advised tha exhausted all avenues. Motion failed by the following roll call vote: AYES: COUNCILMEMBERS —Papen, M/Werner NOES: COUNCILMEMBERS - Ansari, MPT/Harmony ABSENT: COUNCILMEMBERS - Miller RECESS: M/Werner recessed the meeting at 7:55 p.m. RECONVENE: M/Werner reconvened the meeting at 8:10 p.m• 2.1 DEVELOPMENT AGREEMENT (Cont'd.) - ICA/Montgomery tatus advised that nobody is really sure of the map s and if it's considered a final application. Mr. Arciero stated that he would agree to a continuance but it's going to be a short continuance. He also in advised that he wanted Further, hecanlon to be amendmentrtocthe map the next week go into a South Pointe Master Plan. M/Werner directed staff to research the issue and report back at the next meeting. C/Ansari requested that the Council get the agenda information before the next meeting so they can review PAGE 11 JUNE 15, 1994 it in a timely fashion* for the record, preserve suggested that, udice so that he ICA/ omery without pre? Council M01 a chalaesubsequent delay if the the developer u in vised that the caught p He ad he is is not the matter again• decision and that continues speedy developer asked for a sp to it' omery at entitled ICA/Montg advised th to M/Werner, discussed at the same time. In response should be the RnP property Patel requested that Regarding the SASAK property, Mr• 2 which was NO- . in Alternative N°• to the planning Commission. a letter be submitted crate from Alternative that it was different time. Ap/Searcy advised f h review reviewed it the letter, as a No. 2 to be held not include it fission accepted would planning COQ said that they Rnp alternative. and basically of the Arciero/ art of the review it separately• They will look at homes for to these road connected at if Alternative C/papen asked if any She advised there is no road emergency vehicles, went with RnP, Canyon. 1 has no developschool or to Brea No. to the property being construction about the street ressed concern with a throughthat there Mr. Fuller n his neighborhood He advised ed in Sun to Brea Canyon•, neighborhood and the develop in his this from Morning any problems because of has never been to see any neighbors do not want neig development. taken under consid M/Werner advised that it would be and the eration. commercial plan as opinion of Harmony questioned the He asked for of map• MPT/ public vote. to the other type requirement °f f map compares that how this kind omery advised ICA/Montg con - Regarding County prOhibitederty• Regarding map dedicated, the property- when r t ought when they were structures °T1 ever County planners erty or struction known residential whether on that Pr as strong - it is not uld be any building quite allowed that there..concerns weren t q residential structures adoes not not. Environmentalttoay,o General plan s an "open As it sits today, then it i which means if theuse, out, on the maps, or industrial Manager pO1ntedwOu is allow commercial is As the City arcel, space dedication. one unit bu a it's still a there is a restriction to a different type of restrictioendMent. restriction which needs alm JUNE 15, 1994 3. ANNOUNCEMENTS: 4. ADJOURNMENT: conduct, M/Werner 21, 1994 at 6:00 Copley Dr. ATTEST: MAYOR PAGE 12 None. There being no further business to adjourned the meeting at 8:55 p.m. to June P.m. in the AQMD Auditorium, 21865 E. LYNDA BURGESS, City Clerk CITY OF DIAMOND BAR VOOCBER REGISTER APPROVAL The attached listings of vouchers dated August 16, 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 115 Int. Waste Mgt. 125 CDBG Fund 138 LLAD 038 Fund 139 LLAD 039 Fund 141 LLAD 041 Fund 250 CIP Fund APPROVED BY: $208,087.42 1,936.20 Fund 60.00 275.00 6,574.97 5,920.22 29.72 63,851.93 TOTAL ALL FUNDS Linda G. Ma n on Accounting Manager City Manager $286,735.46 Eileen R. Ansari Councilmember I N T E R O F F I C E M E M O R A N D U M TO: Mayor Verner and COAMciluenber Ansari FROM: Linda O. Magauso g Mans Accountin er g SUBJECT: Voucher Registers, August 16, 1994 DATE: August 10, 1994 Attached are the Voucher Registers dated August 16, 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. x City of Diamana Par azo ';UNTIME: 13:31'OP/10/'?4 VOUCHER REGISTER !F 1 DUE THRU......... ,,,')8/116 4 `:'ENDOR NAME VENDOR ID. PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK. ------------------------------------------------------------------------------------------------------------------------------------ ARA Services ARAService (x)1- 2?*0-1010 170 46816A 001-4010-20125 63 40816A First Interstate Bank: First Inter 001-4030-2310 46 40816A 001-4030-2325 61 40816A 0011-4090-2128 17 40816A First Interstate Bank: Firstlnter 001-4010-2330 51 40816A First Interstate Bank First Inter 001-4010-2325 62 40816A Fiamenbaum, Bruce Flamenbaum ;(;1-4210-410x; 38 40316A Fong, Franklin FongF 001-4210-4100 42 40816A Judicial Data Systems JudDataSys f.01-44111-5405 18 40816A (18109 06/30 08/09 06/30 08/09 06/30 08/09 06/30 08/09 06/30 03/09 06/30 08/09 06/30 0;3/09 06/:30 08/'09 06/30 08/09 06/330 8943 L.A. County -Sheriff's DEp LACSheriff C01-2300-1002 53 40816A 08/10 06/30 22920 001-4414-5401 34 40816A 08/09 06/30 229-20 001-4414-5401 35 40816A 08/09 06/30 22^920 Mtg 6127 -FPL 93-006 18.19 Sheriffs Qtrly Mtg 267.38 TOTAL DUE VENDOR --------) 285.57 Fuel-CMgr 73.72 06/:30/94 000G(2,21113 Mtgs-CMgr 87.64 06/10/94 0000021113 Misc Bank: Charges -Ad j 8.99- 06/330/94 00002111 TOTAL PREPAID AMOUNT ----) 152.37 TOTAL DUE VENDOR --------) 0.00 Mtg 6/22 SB2969-Werner 47,25 06/30/94 0000021108 TOTAL PREPAID AMOUNT ----) 47.25 TOTAL DUE 'VENDOR --------) 0.00 Mtgs 6/15,29 -Harmony 45.44 06/30/94 0000021109 TOTAL PREPAID AMOUNT ----) 45.44 TOTAL DUE VENDQR -------- } 0.00 Ping Comm Mtg 6/13 60.00 TOTAL DUE VENDOR --------) 60.00 Ping Comm Mtg 6/13 60.00 TOTAL DUE 'VENDOR --------) 60.00 Nov -Parking Citations -Adm 162.00 TOTAL DUE VENDOR --------) 162.00 SpecEvnt-Bike Race -5/23 696.47 SpecEvnt-CalChpl-June 5,182.61 SpecEvnt-CalvChapl-May 4,604.06 TOTAL LDUE VENDOR --------) 10,48^0.14 L.A.County Public Works LACPubWk 001-4551-52;1 26 40,'316A L.A.County Public Works LACPubWk 001-4555-5506 80 408116A 001-4555-5510 11 40816A Los Angeles County LACIntSvc 001-4090-2110 71 40816A Los Angeles County iSD LACISD 0U1-4090-2340 8 40816A 01/1859 M -Press MPress 001-4090-2110 59 40816A 01/1848 Meyer, David MyerD Q01-4,210-41010 39 40816A TOTAL DIJE VENDOR --------} 11,K31.84 08/09 06/30 94000012277 Map Reproduction TOTAL DUE VENDOR -------- f 08/09 06/30 94000012280 Signing-Evrgreen-May 08/Cr? 06/30 94ICM12286 Tree Watering -May TOTAL DUE VENDOR -------- 08/09 06/30 1262 June Pager Svcs TOTAL DUE VENDOR -------- 08/09 06/31 ITTC0702 Computer Training -Staff TOTAL DUE VENDOR -------- 08/09 06/30 118212 08/09 06/30 Prtg Svcs -Comm Svcs TOTAL DUE VENDOR -------- Ping Comm Mtg 6/13 TOTAL DUE VENDOR --------} 849.82 849.82 21.63 511.00 532.63 93.7-3 93.7-31' 412.50 412.`0 188.56 188.56 60.00 60,00 Nolte k Assiciates Inc NolteAssc ^`0-4510-6411 0649$ 32 4r,311A 01/1801' 03/09 06/'30 41341621 StreetImprv-DBar/Grd 16,701.83 TOTAL DUE VENDOR --------} 16,701.83 4 City of Diamond Bar¢# FUN TIME: 13:37 08/10/94 V O U C H E R R E 0 1 S T E R DUE THRU.............08/16/94 r uc L VENDOR NAME VENDOR ID. RFEPAID x ACCOUNT ------------------------------------------------------------------------------------------------------------------------------------ PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE IN';O!CE DESCRIPTION AMOUNT DATE CHECK: L.A.County Public Works 'ACPubWk: 001-4555-5503 40 40816A 08/09 06/30 94000010569 Curb/GutterMaint-Feb/Mrch 225.30 001-4555-5503 36 40816A 08/09 06/30 94000010571 Sidewalk Inspections -Mar 4,196.38 001-4555-5503 8 40816A 08109 06./30 94(x)0)10570 F'rkway Inspections -Mar 269.41 001-4555--`_506 79 40816A 08/09 06/30 94000012279 Signing/StripingSvcs-May 763.98 001-4555-5503 37 40816A 08!09 06/30 94000012283 Sidewalk Inspections -May 1,391.45 001-4555-5503 39 40816A 10/09 06/30 94000012282 Prkway Inspections -May 373.45 001-4555-5518 10 40016A 08/09 06/30 94000012284 Storm Damage -May 1,096.09 001-4555-5512 11 40816A 08/09 06/30 9400008983 Drain Maint-Jan 3,063.78 L.A.County Public Works LACPubWk 001-4551-52;1 26 40,'316A L.A.County Public Works LACPubWk 001-4555-5506 80 408116A 001-4555-5510 11 40816A Los Angeles County LACIntSvc 001-4090-2110 71 40816A Los Angeles County iSD LACISD 0U1-4090-2340 8 40816A 01/1859 M -Press MPress 001-4090-2110 59 40816A 01/1848 Meyer, David MyerD Q01-4,210-41010 39 40816A TOTAL DIJE VENDOR --------} 11,K31.84 08/09 06/30 94000012277 Map Reproduction TOTAL DUE VENDOR -------- f 08/09 06/30 94000012280 Signing-Evrgreen-May 08/Cr? 06/30 94ICM12286 Tree Watering -May TOTAL DUE VENDOR -------- 08/09 06/30 1262 June Pager Svcs TOTAL DUE VENDOR -------- 08/09 06/31 ITTC0702 Computer Training -Staff TOTAL DUE VENDOR -------- 08/09 06/30 118212 08/09 06/30 Prtg Svcs -Comm Svcs TOTAL DUE VENDOR -------- Ping Comm Mtg 6/13 TOTAL DUE VENDOR --------} 849.82 849.82 21.63 511.00 532.63 93.7-3 93.7-31' 412.50 412.`0 188.56 188.56 60.00 60,00 Nolte k Assiciates Inc NolteAssc ^`0-4510-6411 0649$ 32 4r,311A 01/1801' 03/09 06/'30 41341621 StreetImprv-DBar/Grd 16,701.83 TOTAL DUE VENDOR --------} 16,701.83 # City of Diamond Far 44 'UN TIME: 13:3703/10,'`?4 'V OUCHER RE5I ST ER nR--40 DUE THRU.............08/16/''4 `� y -`y FV3 �1/ ' / VENDOR NAME VENDOR ID. PREPAID ACCOUNT PROJ.TX-NO ------------------------------------------------------------------------------------------------------------------------------------ BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK:: Plunk, Lydia E. P1unkL (x11-4210-4100 40 40816A 08/09 06/34 Ping Comm Mtg 6/13 60.00 TOTAL DUE VENDOR =-------> 60.00 Poexia Valley Humane Soc. PVHS 001-3220 15 40816A 08/09 06/30 AnimalControlFines-93/94 157.00 TOTAL DUE VENDOR --------) 157.00 RonKranzer&Assoc C.E. Inc RKA 001-4510-5227 1 40816A 08/09 06/30 2563 Engr Inspection -June 1,938.57 TOTAL DUE VENDOR --------) 1,938.57 Schad, Don SchadD 001-4210-4100 41 40816A 08/CYR 06130 Ping Comm Mtg 6/13 60.00 TOTAL DUE VENDOR --------) 60.00 Walnut Valley Unified WVUSD 001-4350-2140 29 40816A 03/09 06/30 Rental Facilities - 93/94 10,606.50 TOTAL DUE VENDOR --------) 10,606.50 TOTAL PREPAID -----------) 245.:5 TOTAL DUE ---------------) 54,593.69 TOTAL REPORT ------------) 54,838.75 ty or' O i amond B a *#* RUN TIME: 1337 08/10/9408/10/94Ci VDUC H E R REGISTER [�qPAGE 1 �� FUND SUMMARY REPDRT r _JJ4 DUE THRU'...... ...... .Oti/i6/94 DISBURSE G/L GJE WILL POST 7JE HAS POSTED FUTURE TRANSACTIONS FUND ------------------------------------------------------------------------------------------------------------------------------------ TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE REVENUE EXPENSE O01 General Fund 38,136.92 714.66 157.00 37,265.26 250 C.I.P. Fund 16,"t1.303 TOTAL------------ ------------ ------------ ------------------------ ------------------------------------ ALL FUNDS 54,833.7` 714.66 157.00 53,?67.09 # C i t v of Diamond Bar *** ;UN TIME! 13:3$ 01/10/94 V O U C H E R R E G I S T E RFAGE 1 DUE THRU.............03/16/'94 " �� VENDOR NAME VENDOR iD. * * PREPAID * * ACCOUNT PROJ.TX-NO ------------------------------------------------------------------------------------------------------------------------------------ BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ASTM Customer Service ASTM *0j1-4310-1200 3 50816C 01/1973A 08/09 08/16 Standard Safety EquipBook23.00 TOTAL DUE VENDOR --------) 23.00 AT & T AT&T 1001-4090-2125 4 50816C 08/09 08/16 0180942385 Telephone Charges -1/94 8.20 TOTAL DUE VENDOR --------) 8.20 Accountants Overload Accountant *001-4050-4000 2 508'16C (11/2049 08/09 043/16 4132-20 TempSrvc-7/25-7/29/94 478.50 TOTAL DUE VENDOR --------) 478.50 Accurate Landscape Accurate *138-4538-2210 2 50816C 09/09 08/16 33525 Dis#38 Irrigation Supp. 305.29 *138-4538-2210 1 50816C 08/09 08/16 30526 Dist#38 Irrig.Supp 234.97 *001-4028-2.210 2 50816C 08/09 08/16 33527 Summit Ridge Prk-Irrig 261.54 *001-4319-2210 1 50816C 03/09 08/16 33528 Maint.Petersen Irr-7/94 47.39 *001-4322-2210 1 50816C 03/09 08/16 33529 Ronald Reagan Sup -7/94 24.66 *in)1-43,20-2210 1 wll1 C 08/09 08/16 33530 Starshine Prk Irrig.Sup 96.79 *001-4331-7210 1 50816C 08/09 09/16 33531 Maint5ycamorePrk7/94 136.13 *001-4?,8-2210 1 `�)816C 08/09 08/16 3.3589 Summit Rdr-PrkContrlr•Rpr 131.58 *1.8-4538-55<x0 2 50816C 01/2031 08/09 08/16 13681 MaintDist#38-7/94 3,649.80 041'':1-4SY9-5500 2 50816, 01/203 2 08/09 08/16 33688 Maint&Lndscpe38-7/94 5,720.22 4211-5300 2 508160 (l /2033 08/09 08/16 33743 Maint Grow Park -7/94 1,100.00 0i?1-4313-5300 2 508, 6C.x/210:» +8/09 08/16 3743 MaintHeritageP07/94 750.00 *001-4316-5300 2 50816C 04,2033 08/09 08/16 33743 MaintMaplePrk-7/94 900.00 �C?)1-4319-5 *0 2 50816C 01/21033 08/09 08/16 33743 Maint.Petersen Prk-7/94 1,200.00 *001-4322-5300 2 508160 03/2033 08/09 08/16 33743 Ronald ReganPrk-7/94 1,000.00 001-4'25-5'300 2 506916C 05/20_x? 08/09 08/16 33743 MaintStarshnePrk7/94 01-4323-5100 2 50816C 07/2033 08/09 08/16 33143 MaintSummitRidge7/94 1,500.00 *001-42'1-5''10 2 50916C 08/2033 08/09 08/16 33743 MaintSycamoreP07/94 1,600.00 Airtouch Cellular Airtouch x01-4030-2125 3 50816F Alamo Car Wash Alamo ::0014090-2204? 2 50816E 01/1971 *001-4310-w^00 3 50816E 02/1971 TOTAL DUE VENDOR --------) . 19,3.57.36 018/09 08/16 1121376 Cellular Phone -7/94 TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR -------- 03/09 08/16 Car Wash Tckts.8 Books 08/09 08/16 Car Wash&Hot Wax 52.15 08/16/94 0000021107 52.15 0.00 600.00 196.00 TOTAL DUE VENDOR --------) 796.00 #*-* City of Diamond Bar *44 RUN TIME: 13:33 02/10/94 V O U C H E R R E G I S T E R PACE 2 DUE THRU............. CSI 16,194 V7y � q !� VENDOR NAME VENDOR ID. PREPAID # 4CCDJNT PROJ.TX-NO BATCH PO.LINE,NO. ENTRY/DLJE INVOICE DESCRIPTION NWT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ B.Chamberlain Consulting BChamber *001-4090-2205 1 50,'16C Barsamian, Barry 1292 *001-3475 64 50316B 08/09 03/16 03./09 0 8/16 i2912 Benjamin, Marcia I3,(A *001-2}473 59 5(r316B 03/09 08/16 11360 Brea, City of BreaCity *C01-4350-5.300 6 508160 01/1875 03/09 03/16 51806 Carol Dennis *001-4210-4000 Chan, Susie *00 7 Cho, jeongryeol *0;)1-' 472 Community Develpment CarolDenni 3 5;hS16C 01/2010 03/09 03/16 i296 5250'816B 1310 7.2 508168 CowDevlp 08/09 03/16 11498 08/09 08/16 11854 Computer Maint-7/94 22.50 TOTAL DUE VENDOR --------) Recreation Refund 310.00 TOTAL DLE VENDOR --------} 30.00 Recreation Refund 32.00 TOTAL DUE VENDOR --------) 32.00 RecSvcs-Brea 7/94 25,555.00 TOTAL. INE VENDOR --------) 25,555.00 Planning Comm Minuts-7/94 300.00 TOTAL DLE VENDOR --------) 300.00 Recreation Refund 10.00 TOTAL DUE VENDOR --------)'0.00 Recreation Refund 32.00 TOTAL DUE VENDOR --------) :2.00 TOTAL ICE VENDOR --------) 0.00 Community Disposal Co. ComOisposl *001-4510-5501 3 50816C 03/09 08/16 Street Sweeping -7/94 8,902.95 TOTAL DUE VENDOR --------) 8,902.95 Computer Applied Systems CAS *001-4050-40.30 2 50816F 03/09 03/16 407273 Monthly Maint-Aug 532.00 TOTAL DUE VENDOR --------) 21K.00 TOTAL DUE VENDOR --------) 9,669.9.3 Day & Night Copy Center Dav&Night *001-4210-4220 *4* City 0?/16 of Diamond Bar *** 764.79 RUN TIME: 13.*38 08/10/94 V O U C H E R R E G I S T E R SAGE 1,201.84 *001-4210-4220 DUE THRU.............;5/16/94 + 1 S 08/16 VENDOR NAME VENDOR ID. 1,201.84 - *001 -4210-4220 11 508160 04/1931 1 PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/Pd0. ------------------------------------------------------------------------------------------------------------------------------------ _,i'Rf DUE 1`+':'LICE IESCRIPTION AMOUNT i�t�i= CHEC=: Cotton/Beland Assoc CotBelAsso Copies General Plan 353.5-5 *001-4210-4220 12 50816F 05/09 05,/16 3`459 OPIn Prof Svc -6&7/94 5,914.40 *001-4440-1200 3 50816C TOTAL DUE VEND --------) 5,914.40 Cylkowski, Virginia A. 11,113 191.98 #001-347$ 69 5081F.B 05/09 03/16 12017 Recreation Refund 17.00 *001-4350-5305 it 50816C TOTAL DUE VENDOR --------) 17.00 D&J Engineering D&JEngine 28.50 *001-4220-5201 3 50816F =;/10 08/16 '3'40-007 PlnChkSvcs-7/1-18 360.50 *001-4220-5201 1 50816E Ge./10 05/16 940-008 P1nChkSvcs-7/19-31 220.50 *001-4220-5201 4 50816F 03-'/10 08/16 94R-008 P1nChkSvcs-7/1-18 4,389.11 *001-4220-5201 2 50816E ;2./10 OS116 '?4R-009 P1nChkSvcs-7/19-31 4,699.52 TOTAL DUE VENDOR --------) 9,669.9.3 Day & Night Copy Center Dav&Night *001-4210-4220 9 50816C 08/09 0?/16 05-`-70 Copies -General Plan 764.79 *001-4210-4220 7 50816C 01/1931 08/09 08/16 05571 Copies General P1.Meetngs 1,201.84 *001-4210-4220 10 50816C 03/1931 08/09 08/16 05,,`71 Copies General P1.Meetngs 1,201.84 - *001 -4210-4220 11 508160 04/1931 08/09 08/16 05571 Copies -General Plan 179.52 *001-4210-4220 8 50816C 02/1931 08/09 08/16 05572 Copies General Plan 353.5-5 TOTAL DUE VENDOR --------) 1,295.16 Diamond Bar Amateur Radio DBAmatsur *001-4440-1200 3 50816C 08/09 08/16 Reimb-Supplies EOC 191.98 TOTAL DUE VENDOR --------) 191.98 Diad Bar Express DDBExpress *001-4350-5305 it 50816C 08109 08/16 FoodForStaffConPark-7/94 28.50 TOTAL LAf VEND --------) 25.50 Diana Cho & Associates DianaCho *125-4215-4000 1 508160 08/09 03/16 Prof.Svc CDBG-ADA Ramps 275.00 TOTAL DUE VENDOR --------) 275.00 Dwight French & Assoc. DwightFren *001-4555-4230 6 50816C 0111972 08/09 o8/16 073194 Dev&Impl-Pvmnt Mgt Sys. 10,000.00 TOTAL DUE VEND --------> 10,000.00 g. +++ City of Diamond Bar sxa RUNTIME: 13:310, 08/10i94 VOUCHER REGISTER P4E 4 DUE THRU.............08/16/94 VENDOR NAME VENDOR ID. + + PREPAID + ACCOUNT PROJ.TX-NO ------------------------------------------------------------------------------------------------------------------------------------ BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Eastman Inc. Eastman *001-4313-2210 1 50816C 113/1922 03/09 03/16 012687935 Supplies -Heritage Park 103.42 #001-4050-1200 i M16c 19/1922 08/09 (6/16 012688827 Supplies -Finance Park 177.`3 TOTAL DUE VENDOR --------) 281.45 Esquetta, Antonia Esquetta +001-230;-1004 1 508116E 08/09 08/16 Return Dep -Heritage Pk 200.00 TOTAL 'DUE VENDOR --------) 200.00 F&A Federal Credit Union F&ACreditU +001-2110-1012 2 50816F 08/09 08/16 PP15 Payroll Deductions-PP15 1,775.00 08/16/94 0000021100 TOTAL PREPAID AMOUNT ----) 1,775.00 TOTAL DUE VENDOR --------) 0.00 FKM Copier Products FKM +001-40`70-1200 6 50816C 01/1969 08/09 08/16 274513 Supplies -Copier 154.75 TOTAL DUE VENDOR --------) 154.75 Flamenbaum, Bruce Flamenbaum +001-4210-4100 1 508160 08/09 08/16 Plnng Comm.Mtg-7/11,16,18 180.00 TOTAL DUE VENDOR --------) 180.00 Fleet Call FleetCall +001-4090-2130 1 50816C 08/09 08/16 540473 2 Way Radio Srvc-7/94 158.55 TOTAL DUE VENDOR -------- } 158.55 Fong, Franklin FongF +001-4210-4100 5 50816D 08/09 08/16 P1ng.Comm.Mtgs-7/11,16,13 180.00 TOTAL DUE VENDOR --------) i:Bt1.00 Frogget, Tiffany 1309 +001-:147_ 73 508168 08/09 08/16 1175' Recreation Refund 51.00 TOTAL DUE VENDOR --------) 51.00 GTE GTEL +001-409"..-2130 2 50816C 08/09 08/16 E9600001453 EquipRntlStel90-7/94&8/94 444.22 TOTAL DUE VENDOR --------) 444.22 #+ City of Diamond Bar f RUN TIME: 1a:".S 'VOUCHER R E G I S T E R _ GE DUE THF'U .............08/15/94 C�,(� C� 1 l I VENDORNAME VENDOR ID. PREPAID ACCOUNT ------------------------------------------------------------------------------------------------------------------------------------ PROJ.TX-NO BATCH PO.LINEi'NO. ENT R`/DUE INVDICE DESCRIPTION AMOUNT DATE CHEC( GTE California GTE *001-45x1-2125 5 50216F 08/09 08/16 Recreation Telephone Svcs 62.03 TOTAL DUE VENDOR--------) 62.03 GTE California GTE 001-40'x0-2125 5 50816F 08/09 08/16 197-3128 General Telephone Servcs 2,252.13 TOTAL DUE VENDOR--------) 2,252.18 GTE California GTE *001-431`3-2125 1 50816C 03/09 08/16 861-9089 PhoneSrvcs-Peterson Prk 38.64 TOTAL IXE VENDOR--------) 38.64 GTE California GTE 4001-4090-2130 4 50816C 08/10 08/16 E9600000496 Equip.RentSte1007/94&8/94 880.03 TOTAL DUE 'v`ENDOR--------) 880.03 GTE California GTE #001-4040-2125 2 508160 08/09 08/16 860-0368 Modum Services 16.63 TOTAL DUE VENDOR--------) 16.63 Geiger, Donna 3eigerD 4001-4040-4000 2 50316C 011`1947 08/09 08/16 0994060 Transp.of CC Min-6/15/94 380.00 TOTAL DUE ,VENDOR--------) 380.00 Solder, West Graphics GoldenWest *001-405?-2110 2 5'? 16C 0 i 08/09 08/16 15210 Printing Payroll Ck:s 216.33 X001-4050-2110 , 5`_)316C 08!09 08/16 15211 Printing A/P Checks 548.35 TOTAL DUE VENDOR--------) 764.65 ,uerra_ Irma 1301 57 508168 08/09 09/16 11566 Recreation Refund 20.00 TOTAL DUE VENDOR --------) 20.00 Han, Hee Jea 12`3 f,001-3478 66 50316E 08/09 08/16 11896 Recreation Refund 11.00 TOTAL DUE VENDOR--------> 11.00 ¢ City of Diamond Sar *** ^nUNTIME: 13='(3/1?i''?$ VOUCHER RE_iSTEF' fuE DUE THRU ............. a/�Q� 8/16/94 4 I ! ' f 'VENDOR NAME VENDOR ID. # PREPAID ACCOUNT PROJ.TX-NO ------------------------------------------------------------------------------------------------------------------------------------ BATCH PO.LINE/N0. ENTRY/'DUE INVOICE DESCRIPTION AMOUNT DATE CHECk: Ho_hberger, Roberta 1375 *001-3473 60 5.0,;16B 03/09 08/16 11843 Recreation Refund 52.00 TOTAL DUE VENDOR --------1 52.00 Hsieh, Suni 12?9 Qrli -34 8 55 508168 08/09 08/16 11442 Recreation Refund 40.00 TOTAL DUE VENDOR --------) 40.00 Hsu, Lydia 1298 *001-3478 54 508168 08/09 08/16 11760 Recreation Refund 20.00 TOTAL DUE VENDOR --------) 20.00 Hurlburt. Renee 1312 *001-3418 70 50816E 02/09 08/16 12156 Recreation Refund 27.00 TOTAL DUE 'VENDOR --------) 27.00 Iaquierdo, Francesca 1.11 *001-3478 71 508168 :)8/09 08/16 11870 Recreation Refund 31.00 TOTAL DUE VENDOR --------) 31.00 E Investment KE Invest +7:.1-2300-1012 7 50816F 08/09 08/16 Rfnd.Soils Dept/Rvw Dep 803.00 TOTAL DUE .VENDOR --------) ?02.00 k::aiserman, Margaret K:aiserman *001-4328-2210 3 50c'16F 08/09 08/16 0776 Bee Traps-Summitridge Pk 19.35 TOTAL DUE VENDOR --------) 19.35 Klimczak, Valerie E. 1314 *001-3475 68 508168 08/09 0.3/16 11689 Recreation Refund 17.00 TOTAL DUE VENDOR --------) 17.00 LA Cellular Telephone LACellular *601-4030-2125 2 50816C 08/09 08/16 12'972444 Cellular TelSrvc-7/94 92.14 *001-4090-2125 3 50816C 08/09 08/16 12972444 Cellular Te1Srvc-7/94 44.73 *001-4440-2125 1 50816C 08109 03/16 129724444 Cellular TelSrvc-7/94 31.23 TOTAL DUE VENDOR --------) 168.10 +4r+ City of D:amond car +++ RUN TIME. 13:3£ 08/10/94 V C U C H E R R E G I S T E R C/j� q4. ^FhGE 7 DUE THRU.............08/16;44 VENDOR NAME VENDOR ID. # + PREPAID + # ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DDE INVOICE DESCRIPTION AMOUNT EwlTE CHEC6: ------------------------------------------------------------------------------------------------------------------------------------ Lau, Htwe 1297 +001-3473 53 50816E League of Ca. Cities League *001-4010-2325 4 50816E Leighton and Associates Leighton #001-2300-1012 4 50816E +001-2300-1012 5 50816E *001-23x)0-1012 3 50816E *001-2300-1012 6 50816E Locke, Danny +001-347£ *001-3478 Lomboy, Paul +0!x1-3478 "MASC +001-40'30-2330 k WI -4030-2330 001-4310-23,20 MFH Industries x001-4412-5401 �, 1•jv/ 50 508169 51 508168 1295 62 50816B MMASC 1 5081CIF ? 5u816F 50816F MPHIndustr 2 50816F 01/1916 o,8109 08116 11777 0181/09 08/16 0£1/09 08/16 £2856 08/09 08/16 83026 08/09 08/16 83027 08/09 08/16 83029 08/09 08/16 08/09 08/16 08/09 08/16 11604 08/09 08116 Cr3/09 08/16 08/09 08/16 03109 0'3/16 Macadee Electrical Macadee +250-4510-6412 07095 3 54816E 01/183'2A 08/09 08/16 1,348 Recreation Refund 20.00 TOTAL DUE VENDOR --------) 20.00 Gen MmbrshpMtg-£/94Ansari 20.00 08/16/94 "W0021111 TOTAL PREPAID AMaINT ----) 20.00 TOTAL DUE VENDOR --------) 0.00 2652 ShdwCyn Sry-En93-003 297.40 Geotech Rvw-6/94 En93-029 82.00 Geotech Review-En93-032 41.00 Ingrading Insp-En93-0Z9 635.70 TOTAL DUE 'VENDOR --------) 1,056.10 Recreation Refund 26.00 Recreation Refund 47.00 TOTAL WE VENDOR --------) 73.00 Recreation Refund 21.00 TOTAL DUE VENDOR --------) 21.00 MMASC Conf-Butzlaff 125.00 08/16/94 0000021105 MMASC Conf-Fritzal 125.00 08/16/94 0000021105 MMASC Conf-Barlow 1125.00 08/16/94 0000021105 TOTAL PREPAID AMOUNT ----) 375.00 TOTAL DUE VENDOR --------) 0.00 2 Radar Unts-Sheriff Dept 3,236.68 TOTAL DUE VENDOR --------) 3,236.68 Traffc5ignl-ShdwCyn,FtnSg 47,150.10 TOTAL DUE VENDOR --------) 47,150.10 TOTAL DUE VENDOR --------) 1,800.00 City o« D.am .j Sar RUN TIME: 103:38 08/10/94 V O U C H E R R E G I S T E R PAGE 8 DUE THRU .............08/16/`4 VENDOR NAME VENDOR ID. PREPAID * � ACCOUNT PROJ,TX-NO ------------------------------------------------------------------------------------------------------------------------------------ PATCH PO.LINE/NO. ENTRY/DUE INVOICE iESCRIPTION AMOUNT DATE CHECK: Martel Electronics MartelElec *001-4510-1200 2 50816C 01/1934 08/09 08/16 12840 Sanyo Headset -Dictaphone 51.41 TOTAL DUE VENDOR --------> 51,41 Martin & Chapman Cc. Martin&Cha 601-4040-1201) 2 508160 01/1935 08/09 08116 44566 Minute Book Paper 125.17 TOTAL DUE VENDOR --------> 125.17 Metrolink Monthly Pass Metrolink. #112-4553-5533 4 508160 08,09 081116 City Transit Pgm-Mnthly 739.20 *112-4553-5533 5 50816D 02/09 08/16 City Subsidy Trip Passes 147.00 TOTAL DUE VENDOR --------) 886.20 Meyer, David MyerD *001-4210-4100 2 50816D 02/09 08/16 P1ng.Comm.Mtg-7/11,16,18 180.00 TOTAL DUE VENDOR --------) 180.00 Mobil Mobil *001-4310-2310 6 50816D 0711939 02/09 08/16 K'2045864 Fual Parks & Recreation 35.43 *001-4310-2310 3 508161) 03,'1939 0"0/09 08!09 K2479062 GAS FOR CITY VECHICLES 20.10 *601-40';0-'2x10 14 50816D 01/1964 08/09 08/16 K'2748340 Fuel 3en.Govt 12.48 .•001-4030-2310 4 `0816D 02/1964 08/09 08/16 K2748826 Fuel City Manager 20.49 ^.4 •.' 11 22)0 �t;.; -4;;011-:_:,0 1 _�i�o;6D 06111939 508 0':109 1 Ob/16 x 71 95 K:ci48..�5 j Vechicle Main Parks&Rec 7..��_ 58 ;001-4'.1:7-2310 5 50816D 05/1939 08/09 08/16 K2749460 Fuel Parks & Recreation 35.09 *601-4310-'.310 4 50816D 04/19:9 08/09 08/16 K3442073 Fuel Parkk & Recreation '21.50 01-4090-23 i= 16 50816D 01/1964 08/09 08/16 K3442611 Fuel&Minor Govt. 10.64 t�`?{-1"J 24 5.�o16D Oi/1964 0?/09 0=I16 K:34426i3 Fuel General Govt. 9.08 +001-4090-2310 20 50816D 01/1964 08/09 08/16 K3442644 Fuel General Govt. 8.46 TOTAL DUE VENDOR --------) 180.85 Montgomery, Michael MMontgomer '1 -211G -10{i 3' 50816E (Y8,109 08116 July Retirement - 645.43- 1K'�01-41720-4020 1 50816E 08/09 08/16 Legal Svcs for July 5,500.00 *001-4020-4:721 1 50816E 08/09 08116 Litigation Svcs -Days Inn 750.00 TOTAL DUE VENDOR --------) 5,604.57 Moreland & Associates Moreland 1001-4030-4000 2 50816F 01/1942 08/09 08/16 Audit Svcs-IntContrl I,f.00.00 TOTAL DUE VENDOR --------) 1,800.00 Cit: of Diamond Bar r Q ^. ",n o8l X /9 D U C H E R R E D i S T E R 1 /� , 1 PAGERUN DUE THRU.............08,116/94 VENDOR NAME VENDOR ID. PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE C;1EOK ------------------------------------------------------------------------------------------------------------------------------- Pomona Industrial Medical PomIndMed *001-4090-2045 1 50816D i7=;/09 18/16 Pre -Placement Physcl-Ryan 104.00 TOTAL DUE VENDOR --------) 1?4.00 Pomona Vly Transportation PomonaVly *112-4.^_G�60-5310 2 50816F 011119" ?4 0.3/09 081`16 0524 Shuttle Srvc-Con.Prk 1,057.00 TOTAL DUE VENDOR --------) 1,050.00 Popat, Kirit 1:94 *001-3478 65 508168 08/09 08/16 1'2004 Recreation Refund 52.00 TOTAL DUE VENDOR --------) 52.00 Premiere Leasing Co. PremiereLe *001-4350-2140 2 50816E 01/19S2 08/09 08/16 '2378 Rntl.Property Sycamore Pk 389.70 TOTAL DUE VENDOR --------) 06'9.70 Public Empl Retirement PERS *0)1,-2110-1008 4 50816F 08109 0113/16 Retire Contrib-PP15-Emplr 3,249.41 08/16/94 0000021110 *001-2110-1008 5 50816E 08/09 08/16 Retire Contrib-PP15-Emple 3,607.74 08/16/94 5000021110 TOTAL PREPAID AMOUNT ----) 6,857.15 TOTAL DUE VENDOR --------) 0.00 R & D Blueprint R&DBlue *OGi-2300-1010 1 508160 08/09 08/16 So.Pointe J'laps-FPL 93-06 77.15 *001-:000-1010 2 50816D 08/09 08/16 So.Pointe Maps FPL90-19 35.51 *001-2000-1010 3 508161) 08/09 08/16 So.Pointe Maps FPL -00 9.79 TOTAL DUE VENDOR --------) 122.45 RJM Design RJMDesign *001-2300-1012 8 50816F (y3/09 08/16 10911 Slope Plan Ck EN 93-032 385.00 TOTAL DUE VENDOR --------) 385.00 Refuse News Refuse *115-4515-2320 2 50816D 08/09 08/16 1 Yr.Subs-1994 18.00 TOTAL DUE VENDOR --------) 18.00 Repro Graphics ReproGraph *001-4050-2110 5 50816D 01/1?41 08/09 08/16 6905 Prtg-PO`'s/Leavekeq 518.58 TOTAL DUE VENDOR --------) 518.58 Cit, :if Diamond Bar * * * RUNTIME: 13:::,'30)0/10/94 VOUCHER REOi -TER r'AGE DUE THRU.............08/16/'?4 I R�' RS VENDOR NAME 'VENDOR ID. # PREPAID ACCOUNT PRCJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ National Sanitary Supply NatSanitar *001-4313-2210 2 50816F 01/1951 Navarro, Pilar C. 1315 *001-3470 67 50816E Nelson, Trent NelsonT *001-4350-5305 15 50816F 01/1884 PERS Health Benefits PERSHealth *001-4090-0093 1 50816E *001-2110-1013 1 50816F Partsmaster Inc. *o(1l -4322-2210 Payroll Transfer *001 - 1620 Pitney Bowes x001-40QO-2120 Partsmastr 50816E 01!1995 Payroi ITr 2 50816F PitneyBowe 2 50816D 01/1960 Pitney Bowes Credit Corp. PBCC 4001-4090-'2130 3 50816D Plunk, Lydia E. PlunkL :001-4210-4100 3 5173-160 08/09 03/16 9854195 Janitorial Supp -Heritage 245.40 TOTAL DUE VENDOR --------) 245.40 08/09 08/16 11571 Recreation Refund 14.00 TOTAL DUE VENDOR --------) 14.00 08/0 08/16 Sound Sys-ConlnPrk 414.00 TOTAL DUE VENDOR --------i 414.00 08/09 08/16 AUG Admin Fees - 8/94 51.39 08/16/94 00000241112 08/09 08/16 Aug Health Ins AdminFees-7/94 10,218.25 08/16/94 0000021112 TOTAL PREPAID AMOUNT ----) 1.0,329.64 TOTAL DUE VENDOR --------) 0.00 08/0: 08/16 570_2A Meter Cartridge-R.ReganPk 61.72 TOTAL DUE VENDOR --------) &1.722 (73/09 08/16 P/R Transfer PP 15 48,500.00 08/16/94 00,0000{7015 TOTAL PREPAID AMOUNT ----) 48,500.Cu? TOTAL DUE 'VENDOR --------) 0.00 08/09 08/16 617172 ink: Cartridges/Postge.Mac 95.10 TOTAL DUE VENDOR --------> 95.10 08/09 08/16 Equip.Rntl Foldinq Mach 99.59 TOTAL DUE VENDOR -------- } 99.59 03/09 08/16 Ping.Comm.Mtg-7/11,16,18 160.00 TOTAL DUE VENDOR --------) 180.00 Cts of Diamond Far r'UNTIME: 1-:- 09/10'94 '•dOUCHER n^.Eu i STEn^ '"SLE 12 DUE THRL.............081116/94 �'`�./ VENDOR NAME VENDOR ID. # PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Southern, Ca. Edison SoCaEdison 41-28-4538'2126 3 50816E 08/09 08/16 Electric Service#38-7/94 341.45 TOTAL DUE VENDOR --------) ':41.45 zouthern Ca. Edison SoCaEdison C 1-4555-2126 2 51316E 08,1019 031/16 Electric Service#2S-7/94 818.20 TOTAL DUE VENDOR --------) 018.20 Southern Ca. Edison SoCaEdison *001-431"12-2126 1 50816E 08/09 08/16 Elect.Svcs-Reagan Park 564.63 4001-4328-2126 2 5(Q16E 08109 08/16 ElectSvcs-SummitRidge Prk. 71.96 TOTAL DUE VENDOR --------) 636.59 Southern Ca. Edison SoCaEdison *141-4541-2126 2 50816E 08/09 08/16 Electric Services -#41 29.72 TOTAL DUE VENDOR --------> 29.72 Spix, Paul *001-347" 61 508168 08A)9 08/16 1:306 Recreation Refund 24.00 TOTAL. DUE VENDOR --------) 24.00 Trunk, Faith E. 1291 f001-:3478 63 508i6E 08/09 08/16 1291 Recreation Refund 39.00 TOTAL DUE VENDOR --------) ^9.00 VideoTape Products Inc. VideoProd *D01-4090-1200 8 50816E 01/2042 08/09 08/16 434249 Operating Supplies 321.43 TOTAL DUE VENDOR --------) :321.43 Wa1F,ut Vly Nater Dist WVMaterDis X133-4Ej'38-21-26 4 50316E 08/09 081116 dater Usage - Dist#38 2,044.46 TOTAL DUE VENDOR --------) 2,044.46 West Coast Arborist Inc. WCArbor *(."1)1-4551-5509 4 50816E 01/1929 0'13/09 0.0/16 8638 Emergency Tree Services 400.00 *001-4550-5509 3 50816E 01/1929 08/09 08/16 8639 Emerg.Tree Services 200.00 *;?01-4558-5509 2 50816E 01/1929 08/09 08/16 8661 EmergRespnseTrim 2 Trees TOTAL DUE VENDOR --------) 800.00 RUN TIME: 1338 0^0/10/94 V O U C H E R R E G I S T E R :'_GE 11 DUE THRU.... . ........i{ VENDOR NAME 'VENDOR ID. PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE TN'_ICE DESCRIR'TION AMOUNT DATE CHECK:: ------------------------------------------------------------------------------------------------------------------------------------ Resource Recycling ResourceRe §-115-4515-2320 1 50816D 08109 08/16 3114 Ricard Savitt Savitt 40!,1-2300-100'2 ? 50816E 08/09 08/16 *601-1.,00-100 3 508816E 08/10 08/16 Rivas, Maria 1203 §-ti?1-3473 58 508168 08/09 08/16 121',8 ^nornaro, Carmen 1300 §-071-3470 56 508168 08/09 08/16 12138 Schad, Don SchadD *001-4210-4100 4 `4)8160 08/09 68/16 Shout Shout §-001-4350-5305 13 50816D '/1890 08/09 08/16 Sir Speedy SirSpeedy §-001-4090-2110 3 508160 01/2041A 08/09 08/16 Southern Ca Gas Co SoCaGas *wl -4313-2126 1 50816D 08/09 08/16 Southern Ca. Edison SoCaEdison #001-4113-2126 2 508160 08109 03/16 Publications 41.00 TOTAL CUE VEND --------) 42. U0 Refund Cr#1471::-5/94 900.00 Cost of Sheriff's Srvcs 696.47 - TOTAL DUE VENDOR --------) 202.53 Recreation Refund 24.00 TOTAL BLE VENDOR --------) 24.00 Recreation Refund 2'0.00 TOTAL DUE VENDOR --------) 20.00 P1ng.Comm Mtg-7/11,16,18 150.00 TOTAL DUE VENDOR --------) 180.00 Band -'0/17 ConInPrk 600.00 TOTAL DUE VENDOR --------) 600.00 Stationery Supplies 45.01 TOTAL DLE VENDOR --------) 45.01 Gas -Heritage Park -7/94 42.44 TOTAL DUE VENDOR --------) 42.44 Elect.Serv-Heritage Park 1,701.20 TOTAL DUE VENDOR --------) 1,701.20 of Diamond nae 444 RUN TIME: 13:::,2 08/10/974 V O U C H E R R E G I S T E R FACE i FUND SUMMARY REPORT DUE TH RU.............08/16/?4 DISBURSE G/L GJE WILL POST "GJE HAS POSTED FUTURE TRANSACTIONS FUND TOTAL DIRECT PAT REVENUE EXPENSE REVENUE EXPENSE REVENUE EXPENSE ------------------------------------------------------------------------------------------------------------------------------------ 001 General Fund 138 LLAD #38 Fund 139 LLAD #39 Fund 125 CDBG Fund 2`50 C.I.P. Fund 112 Pros A -Transit F 115 Int Waste Mgmt F 141 LLAD #41 Fund TOTAL ALL FUNDS 169,950.50 5174,x,7 5,91.0..;1 275.00 47,150.10 1,936.210 60.:)0 2?. 72 69,540.;x5 ------------------------------------------------------------------------------------------------ 231,896.71 69,540.05 687.00 161,669.66 .RUN TIME: 12:38 018/101"94 'J O U C H c R R E r, 1 S T E R, UUE TRU,H............0311 0/'?4 t VENDOR NAME VENDOR ID. # PREFAID ACCOUNT PPOJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE ''NVOICE DESCRIPTION AMOUNT DATC CHECk: ------------------------------------------------------------------------------------------------------------------------------------ West Publishing Co. WestPub *001-4494-23:�t1 1 50816F Yosemite Waters *001-4^i0-2130 Zellerbach *001-4090-1200 *041-4050-1200 YosemWater 2 50816F 01/2021 Zellerbach 9 5M, 6F 2 50816F 08/09 08/16 73797291 CA Education Code 69.70 TOTAL DUE VENDOR --------) 69.70 08/09 08/16 Jun550270 Equipment Rentl-Sycamore /,'a` TOTAL DUE VENDOR --------) 6.95 08/09 08/16 Supplies -Copy Paper 727.72 08/09 08/16 L1 -6515511S Supplies -Computer Paper 63.66 TOTAL DUE VENDOR --------) 791.35 TOTAL PREPAID -----------) 67,908.94 TOTAL DUE ---------------) 163,987.7/7 TOTAL REPORT ------------) —4i 1,396.71 CITY OF DIAMOND BAR AGENDA REPORT TO: Terrence L. Belanger, City Manager MEETING DATE: August 16, 1994 FROM: George A. Wentz, Interim City Engineer AGENDA NO.,/'.w� REPORT DATE: July 13, 1994 (Continued from August 2, 1994) 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: SUBMITTAL CHECKLIST: Public Hearing Notification Bid Specification (on file in City Clerk's Office) X Other: Notice of Completion 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: 'G Terrence L. langer Frank U G orge A. W tz City Manage Assistant Cit Manager I terim y Engineer CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.(,, Z 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: v�V/ errence L. Belanr Frank A. s eorge A. Wentz City Manager Assistant City Manager'Interim City Engineer 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: Notice of Completion for the Construction/Modification of Handicap Access Ramps in Diamond Bar. ISSUE STATEMENT 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, Inc., 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 SPACE A80VE 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 DIAMNp 3. The full address of the owner is 2166n TR_rr+�= DLA�lppp CA. 91765-4177 4. The mature of the interest or estate of the owner is; In fee. Of other than tee, strike "In fee"'no insert, for eaample. "purchaser under contract of purchase,- or ,lessee") 5. 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 6. A work of improvement on the property hereinafter described was completed on The work done was: D IRAR 1. The name of the contractor, if any, for such work of improvement was PERRY MAHESS IP IDSTRIES, INC. (If no contractor for work of improvement as a whole, insert "none".) MAY 26, 1994 B. The property on which said work of improvement was completed is in the cityof (Date of Contract) DIA140HD BAR County of LOS State of California, and is described as follows:/160DIFICATIOH COHSTRIICTIOH 9. The street address of said property is Dated: (It no street address has been officially assigned, insert • verification for Individual Owner Signature of owner or corporate officer of owner named in paragra;h 2 or his agent s�osief YLRIFICATION I, the undersigned, say: I am the T ��or.— i—03ident of . '•Manager of", ^A partner of", "Owner of".etc.) the declarant of the foregoing 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 tf and correct. Executed on (Date of signature.) at��'�-- ���, California. (Gtr where srgned.l IPersonal signature of the individual r ro is swearing that the contents of the notice of completion are true ) C AND WHEN rctULIHOLD MAIL TO \ Name CITY OF DIAMOND BAR Street 21660 E.COPLEY DRIVE, STEL 100 Ad:ressDIA12HD BAR, CA 91765-4177 City a State A1TH- : CITY CLEW SPACE A80VE 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 DIAMNp 3. The full address of the owner is 2166n TR_rr+�= DLA�lppp CA. 91765-4177 4. The mature of the interest or estate of the owner is; In fee. Of other than tee, strike "In fee"'no insert, for eaample. "purchaser under contract of purchase,- or ,lessee") 5. 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 6. A work of improvement on the property hereinafter described was completed on The work done was: D IRAR 1. The name of the contractor, if any, for such work of improvement was PERRY MAHESS IP IDSTRIES, INC. (If no contractor for work of improvement as a whole, insert "none".) MAY 26, 1994 B. The property on which said work of improvement was completed is in the cityof (Date of Contract) DIA140HD BAR County of LOS State of California, and is described as follows:/160DIFICATIOH COHSTRIICTIOH 9. The street address of said property is Dated: (It no street address has been officially assigned, insert • verification for Individual Owner Signature of owner or corporate officer of owner named in paragra;h 2 or his agent s�osief YLRIFICATION I, the undersigned, say: I am the T ��or.— i—03ident of . '•Manager of", ^A partner of", "Owner of".etc.) the declarant of the foregoing 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 tf and correct. Executed on (Date of signature.) at��'�-- ���, California. (Gtr where srgned.l IPersonal signature of the individual r ro is swearing that the contents of the notice of completion are true ) CITY OF DIAMMM BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: August 16, 1994 REPORT DATE: August 9, 1994 FROM: Bob Rose, Community Services Director TITLE: Acceptance of the Grand Avenue Guardrail Landscape Improvements. SUMMARY: The City Council, at their regular meeting of February 1, 1994, awarded the contract for the construction of Landscape Improvements along the Guardrail on Grand Avenue. Accurate Landscape and Maintenance Corporation, the lowest responsible bidder, was awarded the contract for a total amount of $31,175. A deductive change order in the amount of $3,655 reduced the contract amount to $27,520. The landscape improvements have been completed and are ready to be accepted by the City. RECOMMENDATION: It is recommended that the City Council accept the work performed by Accurate Landscape and Maintenance Corporation, and direct the City Clerk to file the proper Notice of Completion, and authorize staff to release the retention of $2,752 after 35 days from the filing of the Notice of Completion. LIST OF ATTACHMENTS: X Staff Report Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specifications (on file in City Clerk's Office) X Other: Notice of Completion Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: Yes X No Majority _ Yes X No Yes X No _ Yes X No Ten nce L. Bel r Frank M. sher Bob Rose City Manager tf Assistant City Manager Community Services Director C\wp60\LINDAKAY\AGENDA-9\GRNDAVE.808 MEETING DATE: TO: FROM: SUBJECT: CITY COUNCII. REroxz- AGENDA NO. August 16, 1994 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Acceptance of the Grand Ave. Guardrail Landscape Improvements ISSUE STATEMENT: Shall the City Council accept the Grand Avenue improvements, and direct the City Clerk to file the proper landscape Completion, and authorize staff to release the retention of r $2,752 oafter 35 days from the filing of the Notice of Completion? RECOMMENDATION: Staff recommends that the City Council accept the Grand Avenue ail landscape improvements, and direct the City Clerk to file the proper Notice Of Completion, and authorize staff to release the retention of $2,752 rafter 35 days from the filing of the Notice of Completion. FINANCIAL, SUMMARY: Total budget for the Grand Avenue guardrail landscape improvements is $31,175. A deductive change order of $3,655 reduced the contract tohe contract, 27 Total payments of $24,768 have been $ ,520. p retention of $2,752, which represents 10% of the contractor amount. leaving a project was budgeted from non -committed funds in District 038. This BACRGROUND/DISCUSSION: At its meeting on February 1, 1994, the City Council awarded a contract t Accurate Landscape & Maintenance Corporation in the amount of construct landscape improvements along the o deductive change order reducing the size ofuathea irron igation and $Avenue. to eliminating some of the planting material was g on system and $3,655. This reduced the size of the contract to $27,520a in the amount of The project has been completed and is ready to be accepted by the Ci Council. ty Progress payments in the amount of $24,768 have been made to the contractor. A retention of lot ($2,752), the amount prescribed in the contract, is bei held by the Cit r• City. The retention is scheduled to be released to the contractor 35 days after the filing of the Notice of Completion, pending City Council approval. it PREPARED BY: Bob Rose Community Services Director CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: TO: Terrence L. Belanger, City Manager MEETING DATE: August 16, 1994 REPORT DATE: July 14, 1994 FROM: George A. Wentz, Interim City Engineer (Continued from August 2, 1994) TITLE: Release of Grading Cash Bonds Posted for Burger King at 527 S. Grand Avenue in Diamond Bar. F.-IOZ0.1 Z'ia 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 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. LIST OF ATTACHMENTS:x Staff Report Resolution(s) Ordinance(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) X Other: Final Engineering & Planning Sign -Off and Copy of Bond 1. Has the resolution, ordinance or agreement been reviewed N/A by the City Attorney? 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? _ Yes x No Which Commission? N/A 5. Are other departments affected by the report? _ Yes x No Report discussed with the following affected departments: N/A REVIEWED BY: pL � errence L. B City Manager Frrnk A. esher - / orge A. Went Assistant City Manager Interim City Engineer CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.; �. TO: Terrence L. Belanger, City Manager MEETING DATE: August 2, 1994 REPORT DATE: July 14, 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. SUMMARY: 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 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. LIST OF ATTACHMENTS:x Staff Report Resolution(s) Ordinance(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) X Other: Final Engineering & Planning Sign -Off and Copy of Bond 1. Has the resolution, ordinance or agreement been reviewed N/A by the City Attorney? 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? _ Yes x No Which Commission? N/A 5. Are other departments affected by the report? Yes x No Report discussed with the following affected departments: N/A REVIEWED BY: errence L. Belau r Fran A. Ushe /,�-F�orge Werffil City Manager Assistant City Manager !"'"Interim City Engineer 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 41300 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 2, 1994 DISCUSSION: The following listed cash bonds need to be released: Address: 527 S. Grand Avenue Owner: Card Investments Parcel No.: 15625 Account No.: 23462-00048 Principal: Bank of America Amount: $2,700 Address: 527 S. Grand Avenue Owner: Card Investments Parcel No.: 15625 Account No.: 23467-00083 Principal: Bank of America Amount: $9,300 PREPARED BY: Anne M. Garvey ji_L-.--._ .+M CITY OF DI OLID- BAR 21660 E. COPLEY DRIVE. SUITE 100 - DIAMOND BAR. CA 91765 714 -860 -CITY . 714860-2489 sUPERvisZD GRADING INSPECTION CERTIFICATE SOS ADDRESS/TRACT NO..3 Y At 4t - a 1PERMIT NO. CONTRACTOR HCl ';OX S ENGINEER'S ROUGH GRADING CERTIFICATION ` certify that the earth ' fills placed on the following lots were installed upon compet qnd properly prepared base material and compacted in compliance with requirements x3uilding Code Section 7010. I further certify that where the report or reports of engineering geologist, relative to this site, have recommended the installation of buttr ills or other similar stabilization measures, such earthwork. construction has b :ompleted in accordance with the approved design. HJT NOS, .ee report dated for compaction, test data, recommended alicwahle s4 :_earinr, values and other recommendations- 7XPANSIVE SOILS (YES) (NO) LOT NOS. ' BUTTRESS FILLS (`'ES) (NO) ,LOT NOS. �+1.'J1".C•.K$ C1+i =l G' -' }l 1 11 <" L -ural c4 1 (��:.� "=i 1) i Ta% 1 f y'�/' { j �7>� �I C i� 70 t' tt,.�YL� � L= l -1'-)'J j' = r� n{ti ' ZL engineer S ' ,'c,i r vs Date f3�C1tNNiUly SXCfi13�\1Se L:i= iiY2�-u.,i-iriYJ �9rv`• / /,, " SUPERVISING GPADING' ENGINEER' S ROUGci GRADING CERTIFICATION y I certify .to the satisfactory completion of rough grading including: grading to aporoxim; final elevations, property lines located and staked; cut and fill slopes correctly grac and located iii accordancewith the approved design; swales and terraces graded ready paving, berms installed; and required drainage slopes provided on the building cads. further certify -that where report or reports of an engineering geologist and/cr so: engineer have been prepared relative to this site, the recommnendations contained in s: 'reports have been followed in the presecution o; thti work. LOT J10S . � {? P.Er�.A.Q.Y s ��rr�.�o �e ,4?0 �G� -✓,� � -••,.a r� � �r�ov� � `�'��' �c �: r LU �fii Engineer Reg. No. 4 0 a u' 428I e SUPERVISING GRADING ENGIS ER' S FINAL GRADING CERTIFICATICIT CIViI I Certify to the satisfactory completion o£ grading in accordant ply:_ pprovea plans All required drainage devices have been installed; slope pla3n:ing e§ta shed. and irriga.- tion systems provided (where re red); and adequate provisions have been made for draina of svz;face waters. from each te. T7e recor=endations of the soils engineer anc or engineering geologist ( 90 Were employed) have been incorporated in the ko Qwo ,SAV T;���9��� LOT NOS. :E1' tFCS i� No.24W8 Engineer ��� Exp. *11193 cSJ CIVIL. 0 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUK TO: Anne Garvey, Associate Engineer FROM: Rob Searcy, Associate Plannerf/49r6 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 which will include the $9,300 deposit that was required for parking lot pavers. Pavers were abandoned by action of the Planning Commission. The Planning Commission, however, did require the applicant to place additional landscaping on site. Inspection of the site deems that mandate to have been complied with. \ja CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) ACKNOWLEDGEMENT AND CONSENT. OF FINANCIAL INSTITUTION BANK OF AMERICA, GRAND AND DIAMOND BAR OFFICE (hereinafter "Financial Institution") hereby acknowledges CHARLES COBB AND ROBERT CHIU thatOF CARDS INVESTMENTS, INC. (hereinafter "Depositor") has deposited with Financial Institution the sum of $ �T 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 OFAMERICA, GRAND AND DIAMOND BAR By: J&A-W- "(� 6"n bftbalT YN LYEU OI' Gill blvd D81M (FAITHFUL PERFORMANCE, LABOR & MATERIAL) ACKNOWLEDGEMENT AND CONSENT OF FINANCIAL INSTITUTION (hereinafter "Financial Institution") hereby , acknowledges that- I. 027DTJ"-,' VC -7 � 1 %y[ --N Y 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). 777 RE, this acknowledgement and consent is executed this day of -, C� FINANCIAL INSTITUTION: r ! GRAND & DIAMOND BAR BR. DIAMON UFORNIA 2346 U CITY OF DIAMOND BAR AGENDA NO.: AGENDA REPORT TO: Terrence L. Belanger, City Manager REPORT DATE. July 29, 1994 MEETING DATE: August 16, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Release of Grading Cash Bond Posted for 2652 Shadow Canyon Drive in the "Country" in Diamond Bar. SUMMARY: The Principal (Marvin Tovey) desires release of a cash bond posted for grading located at 2652 Shadow Canyon Drive in theeamount of $4,140.00. The formed all work as shown on Interim City Engineer finds that Principal filehas w th the City. the approved As -Built grading plan, on RECOMMENDATION: It is recommended that the City Council 1)declare the obligations under this bond null and void and release hascas condition iwhich precedent posted to issuance ofta of Diamond Bar in January, Shadow Canyon grading permit for a single family residence grading Clerk at 2652 2 notify Marvin Drive in the amount of $4,140.00; 2)instruct the City Tovey and Mid City Bank of the City Council's action. LIST OF ATTACHMENTS:x Staff Report _ Resolution(s) _ Ordinance(s) — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) X Other: Final Engineering Certificate and Cert. of Deposit 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? Yes 4. Has the report been reviewed by a Commission? — Which Commission? 5. Are other departments affected by the report? — Yes Report discussed with the following affected departments: REVIEWED BY: N/A N/A x No N/A x No N/A CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 16, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Release of Grading Cash Bond Posted for 2652 Shadow Canyon Drive ISSUE STATEMENT: The Principal Marvin Tovey) desires release of a Cash Bond posted for grading located at 2652 Shadow Canyon Drive in the amount of $4,140.00. The Interim City Engineer finds that Principal has performed all work as shown on the approved As -Built grading plan, on file with the City. RECOMMENDATION: It is recommended that the City Council 1)declare the obligations under this bond null and void and release the Cash Bond which was posted with the City of Diamond Bar in January, 1993 as a condition precedent to issuance of a grading permit for a single family residence grading at 2652 Shadow Canyon Drive in the amount of $4,140.00; and 2)instruct the City Clerk to notify Marvin Tovey and Mid City Bank of the Council's action. FINANCIAL SUMMARY: This recommendation has no financial impact on the City's 1994-1995 budget. BACKGROUND: The grading on this 0.5 acre lot was for an 7,500 square foot single family residence. The lot was inspected and final grade was approved on August 2, 1994 by the City's Consultant, Mr Mike Myers of Charles Abbott and Associates. Therefore, we now recommend that the bond which was posted with the City of Diamond Bar be released. DISCUSSION: The following listed cash bond needs to be released: Address: 2652 Shadow Canyon Road Owner: Marvin Tovey Tract No.: 30289 Account No.: 003A69254 Financial Institution: Mid City Bank N.A. Amount: $4,140.00 PREPARED BY: Anne M. Garve .- 1660 E. COPLEY DRIVE, SUITE 19( -- DIAMOND BAR, C.1. 91�6s-4177 "'' (909) 396-5671 SUPERVISED GRADING INSPECTION CERTIFICATE JOB ADDRESS/LOT AND//TRACT NO. Pr PERMIT NO. OWNER Todd/ C �n�S f �t cT`On CONTRACTOR S ENGINEER'S ROUGH GRADING CERTIFICATION a HSS I c4: ify that the earth fills placed on the following lot(s) were installed upon competent and pro as and cgmpacted in compliance with requirements of Building Code Section 7010. I further certi re the repo its of efgineering geologist, relative to this site, have recommended the installation of buttress or other similar stab on measures, such earthwork construction has been completed in accordance with the approved 1'10 �891J a, LO'1?•NO.(S) G SZ kid.w r f 3 Y See report dated lir. / 23 , lir i3 for compaction test data, recommended }b and other recommendations. �T A`F��� EXPANSIVE SOILS (YES) (ate) LOT NO.(S) czk4jrc lot BUTTRESS FILLS (Y -S) COW) LOT NO.(S) Se -C r zoo f - REG. NO. -ff2 &--5 DA Signature (and wet-stampj' SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION I certify to the satisfactory completion of rough grading including: grading to approximate final elevations, property lines located and staked; cut and fill slopes correctly graded and located in accordance with the approved design; swales and terraces graded ready for pav_hg, berms installed; and required drainage slopes provided on the building pads. I further certify that where report or reports of an engineering geologist and/.Qr soils engineer have been prepared relative to this site, the recommendations contained in soils reports have been followed in the execution of the work. LOT NO. (S) REMARKS GRADING CER77FICA77ON BY THE SOILS ENGINEER AND GRADING ENGINEER IS REQUIRED FOR ROUGH GRADE INSPEC77ON AND RELEASE TO BUILDING DEPARTMENT FOR STRUCTURAL PERMITS. FINAL GRADING CER77FICA77ON BY THE GRADING ENGINEER IS REQUIRED BEFORE FINAL GRADE INSPECTION AND RELEASE TO BUILDING DEPARTMENT FOR OCCUPANCY OF STRUCTURE. MA - CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. (o - ') TO: Terrence L. Belanger, City Manager MEETING DATE: August 16, 1994 REPORT DATE: July 28, 1994 FROM: Linda G. Magnuson, Accounting Manager (Continued from August 2, 1994.) TITLE: Temporary Services - Finance Department Maternity Leave Coverage SUMMARY: 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. As authorized by the City Council, the Assistant City Manager entered into interim agreements providing temporary services thru August 19, 1994. 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 $15,700 is required. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing.Notification _ Resolution(s) _ Bid Spec. (on file in City Clerk's Office) Ordinances(s) _ Other X Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes_ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? _ Yes— No 4. Has the report been reviewed by a Commission? Yes_ No Which Commission? 5. Are other departments affected by the report? _ Yes_ No Report discussed with the following affected departments: Tertence L. i$elanger Franl4r M. -T7r City Manag Assistant City Manager dV� lnda G. MWgyWson Accounting M nager 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 12, 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 6eparm�n� 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 SUMMARY: 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 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: August 2, 1994 4VA REPORT DATE: July 28, 1994 FROM: Linda G. Magnuso , Accounting Manager TITLE: Temporary Services - Finance Department Maternity Leave Coverage SUMMARY: 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 Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification Bid Spec. (on file in City Clerk's Office) Other 1. Has the resolution, ordinance or agreement been reviewed Yes_ No by the City Attorney? _ 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? Yes_ 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: r T re ce Belanger Frank M. Us er Linda G. M uson City Mana r Assistant City Manager Accounting anager CITY OG DILIMOkID no AGENDA REPORT AGENDA NO. C7• TO: Terrence L. Belanger, City Manager MEETING DATE: August 16, 1994 REPORT DATE: July 27, 1994 FROM: Joann M. Gitmed, Senior Accountant Continued from August 2, 1994 Meeting 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 1994-95. 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 specific 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) CSX Other (Vendor List) _ Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? 2. Does the report require a majority or 415 vote? Majority 3. Has environmental impact been assessed? _ Yes —No 4. Has the report been reviewed by a Commission? _ Yes —No Which Commission? 5. Are other departments affected by the report? _ Yes —No Report discussed with the following affected departments: REV W B � Y � Terrence L. Belanger ank . U er Linda G. Magnu on City Manager Assistant City Manager Accounting Manager CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 0 b 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 1994-95. 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 specific 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) XX Other (Vendor List) _ 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: RE EWED BY' rence L. Belanger Frank M. Usher Linda Magnus City Manager Assistant City Manager 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°x6), 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% Hanson Corp. Express 17 38 47% Boise Cascade 24 26 43% 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°x6), 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 (.1TV AP BUM= RSI, AGENDA REPORT TO: Terrence L. Belanger, City Manager MEETING DATE: August 2, 1994 FROM: George A. Wentz, Interim City Engineer ACihNDA NV. (�?, l REPORT DATE: July 27, 1994 (Continued From August 2, 1994) 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) Public Hearing Notification X Bid Specifications (on file in City Clerk's Office) Other EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _Yes X No Report discussed with the following affected departments: REVIEWED BY: City Manager — Assistant City Manager C:\WP60\LINDAYAY\AGENDA-9\DBr&ab.816 George A. Wentz Interim City Engineer 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. BAC KGROUND/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. 1 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.816 2 August 16, 1994 September 8, 1994 September 20, 1994 October 3, 1994 October 3, 1994 December 3, 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 8th day of September 1994, sealed bids or proposals for: The Diamond Bar Boulevard Reconstruction/Rehabilitation Project 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 September 8, 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 § § 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 (loo%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (loo%) 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 R 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, the City Clerk 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 vote:on the day of , 1994 by the following AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: City Clerk 8 CITY OF DIAMOND BAR SPECIFICATIONS AND CONTRACT DOCUMENTS FOR DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT FROM BREA CANYON ROAD TO GRAND AVENUE CITY OF DIAMOND BAR Gary H. Werner, Mayor Clair W. Harmony, Mayor Pro -Tem Eileen R. Ansari, Councilmember Gary G. Miller, Councilmember Phyllis E. Papen, Councilmember Terrence L. Belanger, City Manager CITY OF DIAMOND BAR SPECIFICATIONS AND CONTRACT DOCUMENTS FOR DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT FROM BREA CANYON ROAD TO GRAND AVENUE No 41751 rM Exp.2m C IV OF CA0�.�� PREPARED BY: NOLTE and ASSOCIATES, Inc. 120 Columbia, Suite 600 Aliso Viejo, CA 92656 Tel: (714) 362-1400 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. , 94, sealed proposals for the performance of the above described services. f,� 8� /SPS TABLE OF CONTENTS ITEMS PAGES NOTICE INVITING SEALED BIDS .............................. 1 - 2 RESOLUTION ........................................... 3-10 INFORMATION FOR BIDDERS .............................. 11 - 16 PROPOSAL FORM ....................................... 17-18 SCHEDULE OF PRICES ................................... 19-21 LIST OF SUBCONTRACTORS .................................. 22 CONTRACTOR INDUSTRIAL SAFETY RECORD ...................... 23 AFFIDAVIT FOR CO -PARTNERSHIP FIRM ......................... 24 AFFIDAVIT FOR CORPORATION BIDDER .......................... 25 AFFIDAVIT FOR INDIVIDUAL BIDDER ........................... 26 AFFIDAVIT FOR JOINT VENTURE ............................... 27 FAITHFUL PERFORMANCE BOND ............................... 28 LABOR AND MATERIAL BOND ................................. 29 BIDDER'S BOND ........................................... 30 CERTIFICATE OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION .................................. 31 CERTIFICATE WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS AND SUBCONTRACTS ................... 32 NON -COLLUSION AFFIDAVIT ................................. 33 GENERAL PROVISIONS ................................... 34-38 SPECIAL PROVISIONS FOR STREET REHABILITATION PROJECT ....... 39-50 EXPLANATION OF BID ITEMS .............................. 51 -60 STANDARD DETAILS ................................... Appendix K:\0CC0MP\MLK\WP51\SP10148 CITY OF DIAMOND BAR NOTICE INVITING SEALED BIDS FOR DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT RECEIPT OF PROPOSALS: Sealed proposal will be received at the office of the City Clerk, City Hall, Diamond Bar, California, until 10:00 o,clock a.m. on Aad -,24, 1994, for the furnishing of all labor and materials and equipment for the overlay and pavement reconstruction of approximately 3.2 miles of existing pavement and other incidental and appurtenant work. The words "Bid: City of Diamond Bar, Diamon Bo levard Reconstruction/Rehabilitation Project to be opened at 10:00 o,clock a.m. Z4, 1994" shall appear on the envelope of each sealed bid and each sealed envelope shall be addressed to the City Clerk, City Hall, Diamond Bar, California 91765. The proposals will be publicly opened and read in the City Hall, Diamond Bar, California, at 10:00 o,clock a.m. on Amgtst-U, 1994. DESCRIPTION OF WORK: The work to be performed or executed under these specifications consists of and includes the overlay and/or reconstruction of approximately 3.2 miles of existing pavement and other incidental and appurtenant work necessary for the proper construction of the contemplated improvement, as indicated on the project plans. COMPLETION OF WORK: All work shall be completed within sixty (60) calendar days after the Notice to Proceed is issued by the City. ENGINEER'S ESTIMATE: The Diamond Bar Boulevard: Street Rehabilitation Project is estimated to cost $1,000,000, all in accordance with the provisions of the Plans, Specifications, Notices and Instructions to Bidders. OBTAINING CONTRACT DOCUMENTS: Plans and Specifications and all contract document may be obtained at the office of the City Clerk, City Hall, Diamond Bar, California 91765, upon payment of a non-refundable fee of $30.00. There is a charge of $40.00 for each set of plans and specifications that are requested to be mailed. PROPOSAL GUARANTEE: Each proposal must be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of ten percent (10%) of the bid price payable to the City of Diamond Bar as a guarantee that the bidder, if his proposal is accepted, will promptly execute the contract, secure payment of Workmen's Compensation Insurance, furnish a satisfactory Faithful Performance Bond in the amount of 100 percent of the total bid price, and a Labor and Material Bond in an amount not less than one hundred percent (100%) of the contract price. Said bonds to be secured from a surety company authorized to do business in the State of California, and subject to the approval of the City Attorney. K:\0CC0MP\MLK\WP51\SP\0148 PREVAILING WAGE RATES: As required by the California Labor Code, Section 1770 et seq. the City Council of the City of Diamond Bar incorporates herein by reference the general prevailing rate of per diem wages as determined by the Director of Industrial Relations of the State of California. Copies of the prevailing rate of per diem wages are on file in the office of the City Clerk and will be made available to any interested party upon request. In accordance with the Labor Code, no workman employed upon work under this contract shall be paid less than the above referenced prevailing wage rate. A copy of said rates shall be posted at each job site during the course of construction. Any classification omitted herein shall be paid not less than the prevailing wage scale as established for similar work in the particular area, and all overtime shall be paid at the prevailing rates as established for the particular area. Sunday and holiday time shall be paid at the wage rates determined by the Director of Industrial Relations. PAYMENT: Payment will be made to the Contractor in accordance with the specifications. CITY'S RIGHTS RESERVED: The City of Diamond Bar reserves the right to reject any and all proposals or bids, should it deem this necessary for the public good, and also the bid of the bidder who has been delinquent or unfaithful in any former contract with the City of Diamond Bar. No bidder may withdraw his bid for a period of thirty (30) days after the date of the bid opening. CITY OF DIAMOND BAR, CALIFORNIA DATE: By: Lynda Burgess, City Clerk 2 KA0CC0MPIMLK\WP51 \5P10148 RESOLUTION N0. 94- A 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT, BETWEEN BREA CANYON ROAD AND GRAND AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City. 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 Street 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 hour of 10:00 A.M. on the 24th day of Augest, 1994, sealed bids or proposals for: ✓ 3 KA0CC0MPIM1K1WP515SP\0148 The Diamond Bar Boulevard Street Rehabilitation Project 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 Street Rehabilitation Project, to be opened at 10:00 A.M. on August -214, 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. 4 xAocco LK\WPsi\sP\oi4s 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 § § 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 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 5 KAOCCOMP\MLK\WP51\SP10148 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 adminis- tration 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. 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. 6 K:\OCCOMP\MLK\WP51\SP\0148 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. 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 7 K:10CCOMP\MLK1WP511SP\0148 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 will be furnished upon application to the City and payment of $30.00, said $30.00 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 $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). 8 KAOCCOMP\M1K\WP51\SP\0148 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 AND ADOPTED this day of , 1994. ATTEST: City Clerk Mayor 9 KA0CC0MP\MLK\WP51\SP\0148 I, LYNDA BURGESS, the City Clerk 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 Cit of Diamond Bar held on the y day of 1994, by the following: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 10 KAOCCompW ,K1Wp511SA0148 INFORMATION FOR BIDDERS 1' P N B RM• The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Standard Specifications for Public Works Construction, 1991 Edition (with all supplements). All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in the proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PRO"OSA L GUARANT E: Each proposal shall be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guarantee that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, 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. SIG NAT TRE: 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. MODIFICATION: 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 of any bid submitted will be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DISCREPANCIES IN THE PROPOSAL : 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 I 1 KA0CCOMP\MLK\wP51 \SP\0148 of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7• WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8. INSURAN .F AIgD B(1TvDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall he allow any subcontractor to commence work on this subcontract until all similar insurance issued in compliance with this section shall be issued in the form, and be an insurer of the insurers, satisfactory to and first approved by the City in writing. Certificates of Insurance in the amounts required shall be furnished a 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 $1,000,000 for one person injured in the accident and in the 12 K:\OCCOMP\MLK1WP511SP10148 amount of not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $1,000,000 with respect to any property damage aforesaid. satisfactory bonds conditioned upon faithful performance by the Contractor of The Contractor shall secure with a responsible corporate surety, or corporate sureties, 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 payment to be made under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9• I RPRETATION OF PLANS ANDD C onte submitting a bid for proposed contract is in doubt as to the Itrue meaning f any Person of any �mpa ting t of the drawings, specifications, or other contract documents, or finds discrepancies n, or omissions from the drawings and specifications, he may submit to the City 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. DISOUALIFI ATION OF BIDDERS: More than one proposal from an individual, firm Partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. No award will be made to any bidder who cannot give satisfactory assurance as to his ability to carry out the Contract, both from his financial rating and by reason of his previous experience as a Contractor on work of the nature contemplated in the Contract. The bidder may be required to submit his record of work of similar nature to that Proposed under these specifications, and unfamiliarity with the type of work may be sufficient cause for rejection of the bid. 11. AWARD OF CONTRACT: The City may award the Contract to the lowest responsible bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be compared on the basis of the lowest possible cost relative to the alternate or alternates selected and the Contract, if awarded, will be awarded to a responsible bidder 13 KA0CC0Mp1MLK\Wp51GSP10148 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. BID SC D lT ES/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. Bids will not be validated without bids for all alternates listed on Bid Schedule "B" on page 20. Bids shall follow the requirements stipulated in the bid sheets. City will decide the alternates first before selecting the responsible low bidder. 13. COMPETENCE' OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. 14. LISTIN 7 SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Gov. Code Sec. 4100 and following). Forms for this purpose are furnished with the contract documents. 15. WOR NIS CMP the NSATION: In accordance with the provisions of Section 3700 of the Labor Code, Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the City the following certificate prior to Performing the work under this contract: "I am aware of the provisions of Section 3700 of the Labor Code which require compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The form of such certificate is included as part of the contract documents. 16. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the City, will be held for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 17. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City on the form agreement provided, and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. 14 K:\OCCOMP\MLK\WP51\SP\0148 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 readvertised. 18. "OR EQUAL ": Pursuant to Division 5, Chapter 4, Article 4 (commencing at #4380) Government Code, all specifications shall be deemed to include the words " Provided however that permissible exceptions hereto shall be specifior equal", cally noted in the specifications. 19. "EMPLOYMFNT F APPRFNTTC��; The Contractor, and all subcontractors, shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeablc occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the Contractor and all subcontractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR). 20• EVIDEN .F OF RFCprnycIBILITY: 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 Labor Code, and in Particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file of the Department of Industrial Relations, Division of Labor Statistics and Research. 22. PERMITS FEE AND LI('FNCFc• The a valid license prior to the issuance of the first payment nmade under tractor lth sssess Contract. business 15 K:\0CC0MP\ML1t\WP51\SP\0148 23. TIME OF COMPLF'T'ION AND LIO TIDATFD DASAGES: Bidder commence work on or before the date of written "Notice to Proceed"of the City and to fully complete the project within sixty (60) calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of five hundred dollars ($500.00) for each calendar day thereafter. 16 KAOCCOMp1MLK\WP511Sp10148 BIDDER'S PROPOSAL FOR DIAMOND BAR BOULEVARD: STREET REHABILITATION PROJE CITY OF DIAMOND BAR, CALIFORNIA. CT, IN THE To the City Council of the City of Diamond Bar: Date 19 The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: (If the bidder is a corporation, give the name of the co President, secretary,ration and the name of its treasurer, and manager. If a co -partnership, give the name under which the co -partnership does business, and the names and addresses of all co - If an individual, state the name under which the contract is to be drawn.) Partners. (b) That this proposal is made without collusion with any person, firm or corporation. (c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this Proposal in accordance therewith. M That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (9) That he proposes to enter into such Contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are estimates, and that the unit prices will apply to the actual quantities whatever they may be. 17 KAoCCOMPW K1WP51%SA0148 Accompanying this proposal is a certified or cashier's check or bidder's bond, payable to the order of the City of Diamond Bar in the sum of Said bidder's bond has been duly executed by the undersigneDOLLAS d bidder and by a financially sound surety company authorized to transact business in this state. It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar, but if this Contract is entered into and said bonds are furnished, or if the bid is not accepted then said check shall be returned to the undersigned, or the bidder will be released from the bidder's bond. Address of Bidder Telephone of Bidder City Zi Code P Signature of Bidder Z 18 K:\0CC0MP\MLK\WP51\SP\0148 ra. BID SCHEDULE "A" SCHEDULE OF PRICES FOR DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT In accordance with specifications therefore approved by the City Council of the City of Diamond bar the undersigned bidder is herewith submitting the following bid prices for the performance of the entire work as described in these specifications and attached drawings subject to this furnishing all materials. ITEM UNIT PRICE EXT. AMT NO. TTEM DESCRIPTION EST. QTY. UNIT (In Figures) (In Figures) 1 Adjust Valve Cover to Grade 137 EA $ 2 Adjust Manhole to Grade 84 EA $ 3 Adjust Existing Survey 10 EA $ Monument to Grade 4 Adjust Sewer Vault to Grade 1 EA $ 5 Cold Plane Existing Pavement 206,760 SF $ 6 I A" Asphalt Rubber Hot Mix 4,510 TONS $ Overlay 7 2" Asphalt Rubber Hot Mix 1,165 TONS $ 8 21h" Asphalt Rubber Hot Mix 7,860 TONS $ Overlay 9 Sawcut & Recycle Exist. ACIAB 20,730 TONS $ 10 Subgrade Preparation 222,400 SF $ 11 Export Existing Subgrade 6,520 CY $ 12 Import Class II Aggregate Base 2,440 TONS $ and Compact with Recycled AC/AB Materials 13 Reconstruct AC Pavement 2,670 TONS $ 14 Remove & Replace Exist. Traffic -- LUMP -- $ Loops SUM 15 Traffic Striping & Marking -- LUMP -- $ SUM 16 Traffic Control -- LUMP -- $ SUM 17 Construct Concrete Bus Pad 9,520 SF $ 18 Mobilization & Demobilization -- LUMP -- $ SUM TOTAL AMOUNT BID (IN FIGURES) $ TOTAL AMOUNT BID (IN WORDS) 19 K:\OCCOMPWLK\WP51\SPW148 SCHEDULE OF PRICES FOR DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT ITEM EST. UNIT PRICE EXT. AMT. NO. ITEM DESCRIPTION QTY. UNIT (In Figures) (In Figures) ALT I Sawcut and Remove 25,250 TONS $ $ Existing AC/AB ALT II Asphalt Concrete Overlay 11,650 TONS $ $ (in lieu of ARHM) ALT III Reinforcing Fabric 116,030 SY $ $ ALT IV Reconstruct AC Pavement 11,070 TON $ $ ALT V Export Existing Subgrade 10,440 CY $ $ ALT VI Subgrade Preparation 307,600 SF $ $ ALT VII Import Class II AB and 32,040 TONS $ $ Compact in place ALT VIII Dispose of Existing AC 2,480 TON $ $ (from cold plane) ALT IX Thermoplastic Pavement LS $ $ Markings in Lieu of Painted Markings ALT X Raised Pavement Markers LS $ $ for Lane Lines in Lieu of Painted Lines ALT XI Traffic Striping and LS $ $ Markings Not Effected by Alt IX ALT XII Traffic Striping and LS $ $ Markings Not Effected by Alt X TOTAL $ Award based on Schedule "A" plus schedule "B": Schedule "B" - City will select alternate(s). Accompanying this proposal is (Insert "$ cash," "cashier's check,", "certified check,", or "bidder's bond" as the case may be) in the amount equal to at least ten percent (10%) of the total bid. 20 KA0CC0MP\MLK\WP51W\0148 The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the Contract has been awarded and ready for signature, the proceeds of the security accompany his bid shall become the 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 21 K:\OCCOMP\MLK\WP51\SP\0148 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 1990 1991 1992 1993 TOTAL CURRENT YEAR 1. No. of contracts 2. Total dollar amount of contracts (in 1000'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 b. 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 complied 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. & Class. City Zip Code Telephone 23 KA0CC0MP\MLK\WP5l\SP10148 AFFIDAVIT FOR CO -PARTNERSHIP FIRM STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says: That he is a member of the co -partnership firm designated as which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. That he has been and is duly vested with authority to make and sign instruments for the co -partnership by who constitute the other members of the co -partnership. Subscribed and sworn to before me this day of 19 Signature Signature of Officer Administering Oath (Notary Public) 24 KA0CC0MP\MLK\WP511SP\0148 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) first duly sworn, deposes and says: That he is of, being being a corporation which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this day of Signature 19 Signature of Officer Administering Oath (Notary Public) 25 KA0CC0MP\MMWP511SP\0148 AFFIDAVIT FOR INDIVIDUAL BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says: That he is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this day of Signature 19 Signature of Officer Administering Oath (Notary Public) 26 K:\OCCOMP\MLK\WPS 1 \5P10148 AFFIDAVIT FOR JOINT VENTURE STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says: That he is of, one of the parties submitting the foregoing bid as a joint venture and that he has been and is duly vested with the authority to make and sign instruments for and on behalf of the parties making said bid who are: that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this day of Signature 19 Signature of Officer Administering Oath (Notary Public) 27 K:\0CC0MP\MLK\WP51\SM0148 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 ($ 1 lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said Contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said Contract release either said Contractor or said Surety and notice of such alterations or extensions of the Contract is hereby waived by such Surety. In the event suit is brought upon this Bond by the obligee and judgement is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of PRINCIPAL SURETY (SEAL) (SEAL) 1994. 28 KA0CC0MP\MLK\WP511SP10148 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 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 . 1994. PRINCIPAL SURETY (SEAL) (SEAL) 29 K:\0CC0MP\MLKlWP51\SP\0148 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE as Principal, and as Surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the Principal above named, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ 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 Cily Hall on August 24. 1994, for the Diamond Bar Boulevard Rehabilitation Project in the City of Diamond Bar. NOW, THEREFORE, if the aforesaid Principal is awarded the Contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgement is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of , 1994. (SEAL) PRINCIPAL SIGNATURE AND TITLE (SEAL) SURETY SIGNATURE AND TITLE NOTE: Signatures of those executing for the Surety must be properly acknowledged. 30 KAoCCOMP\MLK\WPS 1\SP\0148 CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Diamond Bar, the firm listed below certifies that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all federal, state, and local directives and executive orders regarding non-discrimination in employment; and that is will pursue an affirmative course of action as required by the affirmative action guidelines. We agree specifically: 1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM TITLE OF OFFICER SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment Programs now in effect within your company: 31 KAOCCOMMMUMMMSM0148 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder hereby certifies that he has proposed subcontractor has not participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. DATE: (COMPANY) BY: (TITLE) _, 1994. NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and Proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts Of $10,000 or under are exempt). Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such otherriod specified Federal Highway Administration or by the Director, Office of Federal Contractt Compliance, U.S. Department of Labor. 32 KAOCC0MP\MLK\WP51\SM0148 NON -COLLUSION AFFIDAVIT To: The City of Diamond Bar: State of California ) County of ss. ) sworn, deposes and says that he or she is ' being ft duly of foregoing bid that the bid is not made in the interest of or on behalf of, anythe undisclosed e 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 and other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contact of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown, thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature of Bidder STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )SS Subscribed and sworn to before me this day of 1994 , Notary Public in and for the County of State of California 33 KA0CC0MP\MLK\WP51\SP\0148 GENERAL PROVISIONS 1 • Q 'ERA, CONDITIONS All work shall be done in accordance with the Standard Specifications for Public Works Construction (1991 Edition and all subsequent supplements), hereinafter referred to as Standard Specifications, Plans, Standard Construction Drawings and these Special Provisions. 2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS Section 2 Scow,and - Control of Work. Section 2-1 Award and Execution of Contract is amended by the followmQ (a) Examination of Plans Specifications i=ial Provisionc and $ite 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 Drive, Suite 100, Diamond Bar, CA. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, and his address shown. If the proposal is made by an individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer. (c) Reiection of Proposals Containing Alterations Erasures or Irreaularltles. 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 C'uarantee• 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 not less than ten 34 KA0CC0MP\MLK\WP511SP10148 percent (10%) of the amount shall be named in said proposal, and no proposal _ Certified considered unless such cash, cashier's check, check or bidder's bond is enclosed therewith. (e) Return of Bidder's Guarantees: Proposal guarantees will be held until the Contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. The Notice to Bidders, Proposal, bonds, Instructions to bidders, General Provisions and Detail Specifications shall be deemed incorporated in the Contract reference. A Corporation to which an award is made will be required, before the Contract is finally executed, to furnish evidence of its corporate existence and evidence that the officer signing the Contract and bonds for the corporation is duly authorized to do so. - f Aowin . An addendum to these specifications may be issued by the City Engineer at any time prior to the bid opening. Section 5 tiliti c This section is modified by addition of the following subsections. Utility Owner and Public AQ ncv Identifications Utility owners and Public Agencies who may have facilities or interests which may affect the work are as follows: General Telephone 1400 E. Phillips Blvd. RC 3680 G Pomona, California 91766 (909) 865-3327 Western Waste 13793 Redwood Avenue Chino, California 91710 (714) 591-1718 Community Disposal 14048 Valley Boulevard City of Industry, California 91744 (818) 336-3636 35 K:\OCCOMP\MLK\Wp5jW\0148 Southern California Edison Company 800 West Cienega San Dimas, California 91773 (909) 592-3724 Walnut Valley Water District 271 South Brea Canyon Road Walnut, California 91789 (909) 595-7554 Los Angeles County Department of Public Works Sewer Maintenance (818) 458-7117 Los Angeles County Department of Public Works Road Maintenance Division (818) 458-3981 Southern California Gas Company Distribution Department 1600 Corporate Center Drive Monterey Park, CA 91754 (800) 427-2200 Southern California Gas Company Transmission Department 8141 Cuenga Avenue Playa Del Rey, CA 90293 (310) 823-7945 Jones Intercable Walnut Valley 20965 Lycoming Walnut, California 91789 (909) 594-2729 Los Angeles County Sheriff's Department (909) 595-2264 Los Angeles County Fire Department (909) 861-5995 Each of the above listed utility companies and agencies shall be notified in writing (copy to City) Of the project. They shall be invited to a pre -construction meeting and provide a work schedule. 36 KAOCcoMP\MLK\Wp51\SM0148 Subsection 5-2 Prot tion The Contractor is hereby alerted to the existence of utility lines. The Contractor shall carefully protect all lines during the course of construction. i n Res nsibilities of the Contractor in Conduct of His work - ub tion 7-2. Labor is amended by the addition of thefoll—ow mQ Labor Discrimination. No discrimination shall be made in the employment of such persons upon public works because of the race, color, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter 11 or Part VII, Division 2 of the Labor Code in accordance with the provisions of Section 1735 thereof. Subsection 7_1 1 ontractnr's Rec onsibility for Work Reference is made to Section 6-8 of the Standard Specifications and these General Provisions. Except as provided above, until the formal acceptance of the work by the City Council, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other case, whether arising from the execution or from the nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by acts of the Federal Government or the public enemy. The Contractor shall furnish all flagmen and guards and supply and install all signs, lights, delineators, barricades, and other facilities which are necessary to expedite the passage of public traffic through or around the work or to prevent accidents or damage or injury to the public or to give adequate warning to the public of any dangerous conditions to be encountered. The Caltrans "Manual of Traffic Controls," the "Work Area Traffic Control Handbook," and the Traffic Control Plans by Weston Pringle and Associates shall be used for all traffic control on this project. Payment for this work shall be at the contract lump sum price. Section 9. Measurement and Pa ment. Subsection 9-3 is mod'fied bi the addition of the followin Para raphs: 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. 37 KA0CC0MP\MI.K\Wp51\SP\0148 Progress Pa ments 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 proceeding 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. 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. Fin_ym nts After the completion of the Contract, the City Engineer shall make a final inspection of the work done thereunder, and if entirely satisfactory and complete, the City shall Pay to the Contractor an amount which, when added to the payments previously made and deductions allowable to the City, will equal ninety percent (90%) of the contract price. Thereafter the balance of the contract price remaining unpaid shall be paid 35 calendar days after the recording of a Notice of Completion by the City. The payment of the final amount due under the Contract and the adjustment and payment for any work done in accordance with any -- alterations of the same shall release the City from any and all claims on account of the work performed under the Contract or any alterations thereof. QUEMI= The Contractor agrees for a period of one year, commencing with the Final Notice of Completion, to correct without additional charge to the City, any defects in the work performed, or in the materials furnished, by the Contractor and/or manufacturer, jointly. 38 xAoccoMP\MLK�wpsi\sr\oiag SPECIAL PROVISIONS FOR DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT 39 KA0CC0MPIMLK\VyP51\.SP\0148 SPECIAL PROVISIONS FOR DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT SPECiFIrAUQNS The work to be done shall be performed or executed in accordance with these Special Provisions and the "Standard Specifications for Public Works Construction", 1991 Edition and all subsequent supplements, hereinafter referred to as the Standard Specifications. The Standard Specifications are published by Building News, Inc. 3055 Overland Avenue, Los Angeles, California 90034 and are included by reference only. The City Engineer may, without City Council approval, issue addenda to the Contract Documents during the period of advertising for bids for the purpose of: (a) revising prevailing wage scales or (b) clarifying or correcting Special Provisions, Plans or Bid Proposal; provided that any such addenda does not change the original scope and intent of the project. Purchasers of contract documents will be notified and furnished copies of such addenda, either by certified mail or personal delivery, during the period of advertising. TIME LIMIT AND NOTICE TO PROCEED All work shall be completed within 60 calendar days. A move -in period of 7 calendar days will be allowed starting on the date in the Notice to Proceed. The Contractor shall utilize the move -in Period to ensure that all materials required for the project will be available for the scheduled work. No additional days will be allowed for material delay once the Contractor commences work. The Contractor shall notify the City Engineer at least seven (7) calendar days prior to the start of work. Nothing in this section will relieve the Contractor of its obligations relative to starting work as required elsewhere in these specifications. CHANGES IN THE WORK Subsection 3-2.1 of the Standard Specifications is supplemented by the following: Notwithstanding the limitation imposed by this Subsection, the City Engineer may, without City Council approval, order changes in the work which increase the contract cost by not more than $5,000.00. 40 K:\occoMP\Mi.K\WPs MP\o14a C rRA . SAFETY RECORD All bidders will be required to submit information as to their industrial safety record on the form . A review of this safety record will be made prior to a provided in the Bid Proposal determination of the lowest responsible bidder, and any adverse finding as to the bidder's safety record or any bid submitted which does not contain the Contractor's Industrial Safety Record, filled out and signed by the Contractor, may be sufficient cause for rejection of the bid. CON�_CTION SCuMD-UL--E In accordance with Subsection 6-1 of the Standard Specifications, the Contractor shall submit a written proposed construction schedule to the City Engineer fourteen (14) calendar days prior to the start of work. The schedule shall list all necessary preparatory work, vegetation removal, street cleaning and slurry operations for each street. Such schedule shall be subject to the review and approval of the City Engineer. No work shall be done until the Engineer and the Contractor have agreed to the schedule to be followed by the Contractor. WITHHELn rnNTRACT FUNDS Pursuant to Section 4590 of the Government Code, the Contractor at its own expense may deposit securities pledged in favor of the Agency with a state or federally chartered bank as the escrow agent. The acceptable securities are those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. The amount of securities to be deposited shall be equivalent to the maximum amount permitted to be withheld as specified in Subsection 9-3.2 of the Standard Specifications. Formal acceptance of the project by the Agency terminates the Agency's interest in the securities. PUBLIC CntyVENIENCLAMLSAFETY In addition to the requirement of Subsection 7-10 of the Standard Specifications and the Standard Special Provisions, the Contractor shall maintain access to all adjacent properties. Furthermore this Subsection is amended and supplemented by the following paragraphs: DE—LJ In no case shall traffic be diverted from the existing traveled way without prior approval of the City Engineer. 41 KAOCCOMP\MLK\wP51\SP\0148 TRA TIC FLOW In order to facilitate the flow of traffic during the contractual period, the Agency reserves the right to extend the limits of the project to include any areas where signing and delineating is deemed necessary by the City Engineer. The contractor can restrict traffic on Diamond Bar Boulevard to one lane South Bound between 9:00 AM - 4:00 PM. He can also restrict traffic on Diamond Bar Boulevard to one lane North Bound between 9:00 AM - 4:00 PM. Cross streets may not be closed to perform the work at the intersections, one lane must be maintained in each direction at all times. In all cases where the contractor must block driveway access to a business, the contractor shall notify the business at least forty-eight (48) hours prior to the blocking of access to that property. The contractor shall coordinate with the property owners to determine the optimum time for closure. The contractor must also allow all vehicles to be removed from the parking lots prior to the closure of the driveways. In all cases where there is only one driveway access to a business, the contractor shall maintain access to driveway at all times. The Agency will require the contractor to distribute two (2) "Public Notice" to each business affected by the program. The first notice shall be distributed to each business ten (10) calendar days prior to the start of any work. The second notice shall be distributed at least 48 hours prior to the start of work. Said notice shall be attached to a red information hanger provided by the Contractor and hung on the front door knob. The contractor shall supply and post temporary "No Parking" signs, delineators, etc. at least 72 hours in advance of restricting parking. Under no circumstances shall signs be posted Request for changes in the schedule requiring additional posting shall be submitted by the Contractor for approval by the City Engineer at least 48 hours prior to the start of construction. Once the street has been posted, failure of the contractor to meet and complete the approved daily schedule due to conditions under the contractors, control, will result in damages being sustained by the agency. Such damages are, and will continue to be, impractical and extremely shall pay to the agency, or have withheld from monies due, the sum of $500.00 as liquidated difficult to determine. For failure to meet and complete the schedule after posting, the contractor damages for each day of additional posting required to complete the proposed work. liquidated and notification will be required for each missed day. Said posting and notification will be at contractor's expense. The contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the project as specified in Subsection 7-10 of the General Provisions and on the project traffic control plans. 42 K:loccoMPkMLKNWps i Sp\o14s Due to the nature of this project involving some inconvenience to businesses, a good Public Relations Program is mandatory and evidence be required. of satisfactory past performance in this area will All complaints received by the City associated with the rehabilitation of Diamond Bar Boulevard alleging damage to private property and vehicles shall be responded to by the Contractor within 24 hours of notification. Failure to comply with this provision may result in a penalty of $50.00 Per occurrence. All trucks which the contractor proposes to use that exceed the legal load limit when loaded will be required to have overweight permits from the City. Full compensation for complying with the above requirements shall be based on lump sum as indicated in Bid Item No. 17. SANITARY nF":IENCE Necessary sanitary facilities for the use of workman on the job shall be provided and maintained in an approved manner by the Contractor, properly secluded from public observation and in compliance with health ordinances and laws, and their use shall be strictly enforced by the Contractor. STORA E JITE It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites either located on public or private property must be approved one week before start of construction by the City Engineer. PROTECTION OF WORK AND P IRr rr The contractor shall take all necessary measures to protect work and prevent accidents during any and all phases of the work. The contractor shall repair all damaged pavement as a result of vandalism (i.e. vehicle tracks, footprints, writing, etc.) If deemed necessary by the City, the contractor shall repair the defective area in accordance with these special provisions. PROJECT COORDINATION AND NOTIFI 47TONREQUIREMENTS Notification to the agency listed below and those agencies named in Subsection 5-1 (Utility Owner and Public Agency Identifications) of the General Provisions must be in writing with Proof of letter given to the City. Walnut Valley Unified School District 880 S. Lemon Avenue Walnut, California 91789 (909) 595-1261 43 KA0CCOMP\MLK\WP51 \SP\0148 Pomona Unified School District 800 South Garey Avenue Pomona, California 91769 (909) 397-4636 Los Angeles County Metropolitan Transportation Authority Line Number 490 425 South Main Street Los Angeles, California 90013 (909) 620-1871 PRE WM_1Rr Q1_IQN ME T N 7 The Contractor shall arrange a pre -construction meeting with the City Engineer and representatives from utility companies which shall prior to commencement of any work. be held a minimum of ten (10) calendar days "TRASH COLLECTION �C'AFT E -- vLL It is Contractor's responsibility to coordinate with trash collection agency for trash collection in project area. On day of trash collection, Contractor shall allow trash collection agency to Perform their work. Y Questions regarding trash collection can be directed to: Community Disposal (818) 336-3636 Western Waste (714)591-1718 20104. Application of article; inclusion of article in plans and specifications. (a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000.00) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes Pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. 44 K:\0CC0MP\ML,1 WPsl\SP\0148 (b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money of damages arising from work done by or on behalf of the contractor pursuant to the contract for a public work and payment of which is not expressly provided for or the claimant is not otherwise entitled to, or (C) an amount he payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1994. 20104.2. Claims; Requirements For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000.00), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000.00) and less than or equal to three hundred seventy-five thousand dollar0.00), the local agency shall respond in s ($375,00 writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. 45 KAOCCOMPIMLK\WP51 \.SP\0148 construction law, and (B) any pay appealing an arbitration award who does not obtain a more favorable judgement shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party. 20104.6 Payment by local agency of undisputed portion of claim; interest on arbitration award or judgement. (a) No local agency shall fail to pa undisputed y money as to any portion of a claim which is except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award of judgement. The interest shall begin to accrue on the date the suit is filed in a court of law. 20104.8 Duration of article; application of article to contacts between January 1, 1994 and January 1, 1995. (a) This article shall remain in effect only until January 1, 1995, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1995, deletes or extends that date. (b) As stated in subdivision (c) of section 20104, any contract entered into between January 1, 1994, and January 1, 1995, which is subject to this article shall be incorporated this e even if the article is re article. To that end, these contracts shall be subject to this article Pursuant to subdivision(a). pealed 1 • AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY The following provisions pertaining to equal employment opportunity are incorporated into this Contract. In connection with performance of work under this Contract, the Contractor agrees as follows: a• The Contractor will not discriminate against any employee or applicant for employment because of race, color, sex, religion, ancestry or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to race, color, sex, religion, ancestry or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship where applicable. 47 K:\OCCOMP\MLK\WP%SM0148 b. In all advertisements for labor or other personnel, or requests for employment of any nature, the Contractor shall state that all qualified applicants will receive consideration for employment of any nature, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, sex, religion, ancestry or national origin. C. In all hiring, the Contractor shall make every effort to hire qualified workers from all races and ethnic groups. d. The Contractor shall be responsible for the compilation of records of the ethnic distribution of the entire project work force on forms furnished by the Agency. Said forms, indicating the ethnic distribution of manhours of work within the various crafts and trades, shall be filed by the Contractor with the Agency every 30 days. e. The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Agency, advising the said labor union or worker's representative of the Contractor's commitments under this section. f. The Contractor shall maintain and permit access by the Agency to records of employment, employment advertisements, application forms and other pertinent data and records of the Contractor's own work force and that of the various subcontractors on the project for the purpose of investigation to ascertain compliance with this EEO section. g. Within 10 days after execution of the Contract by the Agency, the Contractor shall meet the following standards for affirmative compliance and shall ensure that each subcontractor on the project will meet these requirements within (10) days after receiving a notice to proceed from the Contractor, unless the Agency provides for a greater time period: (1) File with the Agency an Affirmative Action Plan indicating the steps it will take to encourage and assist qualified members of minority groups. Such affirmative action will include statements regarding recruitment, employment, compensation, promotion or demotion, and selection for training. (2) Provide evidence as required by the Agency, that it has notified in writing all subcontractors, the Contractor's supervisors and other personnel officers of the content of this EEO section and their responsibilities under it. (3) Provide evidence, as required by the Agency, that it has notified in writing all sources of employee referrals (including, but not limited to, unions, 48 K:\0CC0MP\MLK\WP51 \ sP\0148 employment agencies and the State Department of Employment Development) of the content of this EEO section. (4) Notify the Agency in writing of any opposition to this EEO section by individuals, firms, unions or organizations. h. If the Agency has reason to believe that the Contractor or a subcontractor may have committed a violation of the EEO section of this Contract or of the California Fair Employment Practice Act or of any applicable Federal law concerning equal employment practices on this project, the Agency will cause written notice to be served on the Contractor or its representative, and to any subcontractor involved in such violation. The notice shall set forth the nature of the violation. Upon the Agency's request, the Contractor shall meet with representatives of the Agency in order to determine the means of correcting the violation and the time period within which the violation shall be corrected. If, within 10 days, the Contractor or subcontractor has failed or refused to remedy the violation, the Agency may notify the Fair Employment Practices Commission and pursue any other remedies which may be available under the law. The Contractor shall include the provisions of the foregoing paragraphs la through lh in every first tier subcontract and require each subcontractor to bind each further subcontractor with whom it has a contract to such provisions, so that such provisions will be binding upon each subcontractor who performs any of the work required by the Contract. 2. ANTI -DISCRIMINATION a. The Contractor certifies and agrees that all persons employed by the Contractor, its affiliates, subsidiaries or holding companies are and will be treated equally by the Contractor without regard to or because of race, color, sex, religion, ancestry or national origin and in compliance with State and Federal anti -discrimination laws. The Contractor further certifies and agrees that it will deal with its subcontractors, bidders and vendors without regard to or because of race, color, sex, religion, ancestry or national origin. The Contractor agrees to allow access to its employment records during regular business hours to verify compliance with the foregoing provisions when so requested by the City. b. The Contractor specifically recognizes and agrees that if the City finds that any of the foregoing provisions have been violated, the same shall constitute a material breach of Contract upon which the City may determine to cancel, terminate or suspend the Contract. While the City reserves the right to determine individually that the anti -discrimination provisions of the Contract have been violated, in addition a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that the Contractor has violated State or Federal anti -discrimination laws shall constitute a finding by 49 K:\0CC0MP\MLK\WP51\SP\0148 the City that the Contractor has violated the anti -discrimination provisions of the Contract. C. At its option, and in lieu of canceling, terminating or suspending the Contract, the City may impose damages for any violation of the anti -discrimination provisions of this section, in the amount of $200 for each violation found and determined. The City and the Contractor specifically agree that the aforesaid amount shall be imposed as liquidated damages, and not as a forfeiture or penalty. It is further specifically agreed that the aforesaid amount is presumed to be the amount of damages sustained by reason of any such violation, because, from the circumstances and the nature of the violation, it is impracticable and extremely difficult to fix actual damages. 50 K:\OCCOMP\MLK1WP51\SP\0148 .o -_ i , in • • Section 10. Bid Items All bid items shall be in accordance with the 1991 edition of the Standard Specifications for Public Works Construction as referenced on page 40 of these Special Provisions. 11 . ORM, . Reference is made to Section 301-1.6 and 301-1.7 of the Standard Specifications for Public Works Construction and all supplements thereto and water and gas company standards. Prior to the start of work, the contractor shall locate and mark all valves, frames and covers. This item is to include the marking of all valves and adjustment of all gas and water valves to the new grade. The contractor shall notify all other utilities at least 24 hours prior to the beginning of the paving operation to ensure that they have the opportunity to have personnel on hand to locate any facilities which may be covered by the pavement. Payment will be made on the unit basis as shown on the bid schedule and shall include all labor, materials, equipment and tools necessary to perform this work. Bid Item Nos 2 and 4 - Adjust Manhole and Vault Frames and Covers to Finished Grade - Reference is made to Section 301-1.6 and 301-1.7 of the Standard Specifications for Public Works Construction and all supplements thereto. Prior to the start of work, the contractor shall locate and mark all utility manholes, frames and covers. This item is to include the marking of all utility manholes and adjustment of all storm drain and County -owned sanitary sewer manholes to the new grade. Contractor shall process this work in accordance with APWA (American Public Works Association - Southern California Chapter) Standard No. 205-0 or equivalent method approved by Caltrans and the city. The contractor shall notify all other utilities at least 24 hours prior to the beginning of the paving operation to ensure that they have the opportunity to have personnel on hand to locate any facilities which may be covered by the pavement. Payment will be made on the unit basis as shown on the bid schedule and shall include all labor, materials, equipment and tools necessary to perform this work. Bid Item No. 3 - Adjust Survey Monument to Grade All existing survey monuments shall be adjusted to grade in accordance with Section 309 of the Standard Specifications. Payment shall be made on a unit basis and shall include all labor, materials and equipment necessary to complete the work. 51 KAOCCOMP\M1.K1WP511SP10148 Bid Item No. 5 - Cold Plane and Remove Existing A.C. Pavement This item to cover grinding or cold planing to remove the existing bituminous pavement to a depth and width as shown on the plan. Cold planing shall be in accordance with section 302-5.2 of the Standard Specifications except as modified herein. F=Quipmen The planing machine shall be self-propelled and be especially designed and built for grinding flexible pavements. It shall plane without tearing or gouging the underlying surface and blade material into a windrow. Drum lacing patterns shall permit a grooved or smooth surface finish as selected by the Engineer and the drum shall be totally enclosed in a shroud to prevent discharge of any loose material in adjacent work areas. A 0" to 1" deep cut to predetermined grade may be required on one pass. The machine shall be adjustable as to crown and depth by tilting the drum axis. A dust suppression system with 700 gallon minimum water storage tanks and two high pressure spray bars with spiral nozzles shall be standard equipment. The equipment shall be demonstrated to have been operated successfully on similar work completed prior to the award of the contract. The equipment shall meet or be lower than the standards set by the Air Quality Act of 1969 for noise and air pollution. Method The contractor shall furnish one or more planing machines operated by experienced workmen. The surface tolerance produced so that a ten (10) foot straight edge laid laterally will indicate variances of less than 3/8". Removal shall consist of (1) planing and cutting the pavement to form a keyway header cut or full width regrading, plus (2) removing the loosened material. No aggregate shall remain on the project at the end of each work day. Aggregate material loosened and directed removed shall be used for hot inplace asphalt recycling, as per Bid Item No. 9. The contractor shall protect structures and provide necessary traffic control and barricades in accordance with the detour plan included in the project plans and these specifications. Auxiliary Equipment Loaders and trucks of approved size, type and number suitable for hauling the planed materials shall be provided. Measurements _ The work to be performed and paid for will be the actual number of square feet completed regardless of depth as measured on the site. The payment for accepted quantities as measured will be made at the contract unit price for planing. 52 K:\OCCOMP\MLK\VrPSI\SP\0148 Bid Item Nos 6 7 and 8 - Asphalt Rubber Hot Mix Overlay This bid item shall include i11 labor, material and equipment required to place asphalt concrete pavement for the project. Asphalt rubber hot mix shall conform to the provisions of Section 39 of the Caltrans Standard Specifications, January 1991, and Section 203-10 of the Standard Specifications for Public Works Construction. The contractor shall replace the material that was removed by cold planing adjacent to the edge of the gutter or curb in the locations shown on the plans with asphalt rubber hot mix overlay. The areas designated for full reconstruction shall be constructed to an elevation up to the designated overlay thickness. The overlay shall then follow over the entire street width as shown on the plans. The overlay adjacent to the lip of gutter shall create a lip of 3/8" above the edge of the concrete gutter. All cracks wider than about 1/8 to 1/4 -inch should be cleaned of debris with compressed air and filled with a crack sealer material approved by the City Engineer. Prior to placement of asphalt concrete, a tack coat of SS -1H emulsified asphalt shall be uniformly applied to all contact surfaces at a rate of 0.05 gallon per square yard. Payment for this item shall be made on a price per ton basis and shall include all labor, materials, equipment and tools necessary to perform this work. Cleaning, crack sealing and the application of a tack coat prior to placement of overlay is considered incidental to this work and no additional compensation will be allowed. Bid Item No. 9 - Sawcut and Recycle Existing A C Pavement and Aggregate Base Recycling of Existing Pavement Removal and recycling of existing pavement and aggregate base shall be per Section 200-2.4 and 200-2.5 of the Standard Specifications. Existing pavement is asphalt concrete. Removal shall include sawcutting. Payment shall be made based upon a price per ton and shall include all labor, materials, _.. equipment and tools necessary to perform this work. Bid Item No 10 - Subgrade Preparation The subgrade in the areas of reconstruction shall be prepared in accordance with Section 301 of the Standard Specifications and compaction testing of subgrade shall be performed by a licensed _- geotechnical engineer hired by the Contractor. Results of testing shall be provided to the City Engineer prior to pavement placement. Payment for this item of work shall be made on a square foot basis and shall include all labor, materials and equipment necessary to perform this work. 53 KAOCCOMP\MLK\WP51\SP\0148 Bid Item No. 11 - Export Existing Subgrade In the areas of reconstruction, the proposed structural section exceeds the existing structural section. The removal and export of this difference in section shall be done in accordance with Section 300-1.3 of the Standard Specifications. Payment shall be made on a cubic yard basis and shall include all labor, materials and equipment necessary to perform this work. Bid Item No. 12 - Import Class I1 Aggregate Base and Compact with Recycled AC/AB Materials Aggregate and recycled AC/AB material shall meet the requirements of Section 200-2.4 of the Standard Specifications and shall be placed in accordance to Section 301-2. Payment shall be made on a price per ton basis and shall include all labor, materials and equipment necessary to perform this work. Bid Item No. 13 - Reconstruct Existing A.C. Pavement Reconstruction of localized areas of pavement shall be made at locations shown on the plans. Pavement Replacement Existing pavement removed shall be reconstructed to a thickness as shown on the plans. Construction shall be accomplished in such a way that the required thickness of A.C. shall be placed below the final finished grade elevation to accommodate the proposed ARHM overlay section. Asphalt concrete shall be AR -4000 and shall conform to Caltrans Standard Specifications, January 1991, Section 39. Prior to placement of AC, a tack coat of SS -111 emulsified asphalt shall be uniformly applied to all contact surfaces at a rate of 0.05 gallon per square yard. Payment shall be made on a price per ton basis and includes all labor, materials, equipment and tools necessary to perform this work. Bid Item No. 14 - Remove and Replace Detector Loops This bid item shall include all work required to replace existing loop detectors at all signalized intersections damaged or otherwise rendered useless by the construction operations and asphalt concrete overlay. Detectors shall conform to the provisions in Section 86-5.01, "Vehicle Detectors," of the Standard Specifications and these Special Provisions. 54 KAOCCOMP\MLK\WP51\SP10148 Type 1 loop wire shall be installed with appropriate number of turns as required for specific loop configurations. Loops shall be installed prior to placement of final pavement overlay course. Loop detector sealant shall be "Hot -Melt Rubberized Asphalt" conforming to Section 86-5.01A(5) of the Caltrans Standard Specifications. Detector locations and configurations shall be marked in the field by the contractor and verified by the City before sawcutting The detector loops are to be tested and approved before filling sawcuts. The contractor shall test the detectors with a motor -driven cycle, as defined in the California Vehicle Code, that is licensed for street use by the Department of Motor of Vehicles of the State of California. The unladen weight of the vehicle shall not exceed 200 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designed to activate the detector will not be permitted. The contractor shall provide an operator who shall drive the motor -driven cycle through the response of detection area of the detector at not less than 3 miles per hour nor more than 7 miles per hour. The detector shall provide an indication in response to this test. In multiple loop installations, all loop conductors to be connected to the same sensor unit shall be wound in the same direction. The ends of all loop conductors to be operated by each sensor unit shall be run continuous to the nearest pull box. Final splices between loops and lead-in cable shall not be made until the operation of the loops under actual traffic conditions is approved by the Engineer. Payment shall be made based on lump sum and all labor, materials, equipment and tools necessary to perform this work. Bid Item No. 15 - Traffic Striping and Marking Traffic Strinine and Markin All striping and pavement marking work shall be in accordance with the latest edition of the State of California Department of Transportation Traffic Manual unless noted otherwise on the plans or contained in these specifications. See Appendix for Caltrans Standard Plans of typical pavement markers and traffic lines shown on the plans. All paint work shall be double coated and beaded, conforming to the Standard Specifications for Public Works Construction, 1991 Edition and all subsequent supplements. Paint type shall conform to Section 210-1.6.3 Rapid Dry Traffic Line Paint. All existing striping and pavement markers shall be replaced by the contractor as shown on the striping plans. 55 KAOCCOMPWLK\WP51\SP\0148 All striping limit lines left illegible by construction must be temporarily replaced on the same day. The method of temporary striping must have prior approval by the City Engineer. All existing conflicting traffic markings and lines shall be removed as required. A minimum of seven days shall be provided between first and second paint work coatings. Pavement markers shall be installed using adhesives specified in Sections 95-2.05, "Standard Set Epoxy Adhesive for Pavement Markers", and 95-2.04, "Rapid Set Epoxy Adhesive for Pavement Markers", contained in the State of California Department of Transportation Standard Specifications, July 1992 Edition. All existing fire hydrants are to have an identifying blue reflectorized marker and said marker is expected to be placed according to the striping plans. Replacement of traffic striping and pavement markers shall be paid for at a lump sum price. The lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in replacement of traffic striping and pavement markers. Bid Item No. 16 - Traffic Control Traffic control shall be in accordance with section 7-10 of the Standard Specifications, these special provisions and the project traffic control plans. Payment for this item will be based on a lump sum and includes all labor, materials, equipment and tools necessary to perform this work. Bid Item No. 17 - Construct Concrete Bus Pad Construction of 8 -inch thick concrete bus pads shall be per Los Angeles County Department of Public Works Standard Plan No. 1160-0, dated May 31, 1992. Portland Cement Concrete shall meet the requirements set forth in Standard Specifications for -- Public Works Construction, Sections 201 and 303. Concrete shall be Class 660-A-3750. Payment for this item shall be made in accordance with the units specified in the bid schedule and shall include all labor, materials and equipment necessary to perform this work. Bid Item No. 18 - Mobilization/Demobilization This item to include the cost to mobilize all labor and equipment necessary to perform the work in accordance with the plans and these specifications. Payment will be made based on a lump sum basis. 56 KAOCCOMP\MLK\WP51\SP\0148 Alternate Bid Item No. I - Sawcut and Remove Existing AC/AB (In place of Bid Item No. 9) Removal and disposal of existing pavement and aggregate base shall be per Section 300.1.3 of the Standard Specifications. Existing pavement is asphalt concrete. Removal to include sawcutting. Payment shall be made based upon a price per ton and includes all labor, materials, equipment and tools necessary to perform this work. Alternate Bid Item No II - Asphalt Concrete Overlay (In place of Bid Item Nos. 6, 7 and 8) Asphalt concrete shall conform to the provisions of Section 39 of the Caltrans Standard Specifications, January 1991, and shall be placed in accordance with Section 302-5 of the _ . Standard Specifications. The contractor shall replace the material that was removed by cold planing adjacent to the edge - of the gutter or curb in the locations shown on the plans with AR -4000 asphalt concrete. The areas designated for full reconstruction shall be constructed to an elevation up to the designated overlay thickness. The overlay shall then follow over the entire street width as shown on the plans. The overlay adjacent to the lip of gutter shall create a lip of 3/8" above the edge of the, concrete gutter. All cracks wider than about 1/8 to 1/4 -inch should be cleaned of debris with compressed air and filled with a crack sealer material approved by the City Engineer. - Prior to placement of asphalt concrete, a tack coat of SS -1H emulsified asphalt shall be uniformly applied to all contact surfaces at a rate of 0.05 gallon per square yard. Payment for this item shall be made on a price per ton basis and includes all labor, materials, equipment and tools necessary to perform this work. Cleaning, crack sealing and the application of a tack coat prior to placement of overlay is considered incidental to this work and no additional compensation will be allowed. Alternate Bid Item No III - Provide and Place Reinforcing Fabric A stabilizing and reinforcing geotextile fabric shall be installed prior to the placing of the final A.C. overlay. The geotextile fabric shall be continuous filament polypropelene, non -woven, needle punched and engineered to withstand thermal and oxidative degradation. The fabric shall have the following physical properties: 57 K:10CCOMP\MLK1wP511SP\0148 Property Typical Minimum Test Weight (oz. yd .2) 4.4 4.0 ASTMD-1910 Thickness (mils) 50 30 ASTMD-1777 Grab Tensile Strength 120 90 ASTMD-1117 Elongation @ Break (%) 130 40 ASTMD-11117 Asphalt Retention (gal./yd.2) 0.25 0.20 --- ph Resistant Range 1-13 --- --- The asphaltic sealant conforming to provisions of section 92 "Asphalts" of the Standard Specifications, Grade AR -4000, shall be uniformly spray applied at the rate of 0.25 gallons per square yard residual asphalt. Application will be by distributor equipment capable of applying a uniform spray pattern over the fabric width plus 3 inches on either side. The minimum temperature of the asphalt cement shall be 290°F and the temperature shall not exceed 325°F. The fabric shall be placed into the asphalt cement sealant by mechanical laydown equipment capable of providing a smooth wrinkle -free surface. The fabric shall be placed prior to the time the sealant has cooled and lost its tackiness. As directed by the engineer, wrinkles large enough to cause "folds" shall be slit with a blade and laid flat. Small wrinkles are not detrimental. Overlap of fabric joints shall be 2 to 4 inches to ensure full closure of the joint. Transverse joints shall be hinged in the direction of paving to prevent edge pickup by the paver. Additional sealant shall be hand applied to the joints at the rate of approximately 0.20 gallons per square yard. A small quantity of asphalt concrete, to be determined by the Engineer, may be spread over the fabric immediately in advance of being picked up by construction equipment. Turning of the paving machine and other construction vehicles shall be gradual and kept to a minimum to avoid damage to the fabric. Public traffic shall not be allowed on the bare reinforcing fabric, except that cross traffic shall be allowed to cross the fabric, under traffic control, after the Contractor has placed a small quantity of asphalt concrete over the fabric. The hot mix asphalt concrete overlay shall closely follow the fabric laydown. If any sealant bleeds through the fabric before the overlay is placed, it shall be blotted by spreading clean sand over the affected area. The temperature of the hot asphalt mix should never exceed 325'F when placed in contact with the fabric. Full compensation for advance spreading of asphalt concrete over the fabric shall be considered as included in the contract prices paid per ton for asphalt concrete and no additional compensation will be allowed therefore. 58 KA0CC0MPIMLK\WP51\SM0148 Payment will be made on a square yard installed basis and shall include all labor, materials, equipment and tools necessary to perform this work. Alternate Bid Item No. IV - Reconstruct AC Pavement (In place of Bid Item No. 13) Existing AC pavement removed shall be reconstructed to a minimum depth of six inches (6"). Asphalt concrete used for replacement shall be AR -4000 and shall conform to Caltrans Standard Specifications, January 1991, Section 39. Prior to placement of asphalt concrete, a tack coat of SS -111 emulsified asphalt shall be uniformly applied to all contact surfaces at a rate of 0.05 gallon per square yard. Payment shall be made on a price per ton basis and shall include all labor, materials, equipment and tools necessary to perform this work. Alternate Bid Item No. V - Export Existing Subgrade (In place of Bid Item No. 11) Removal and export of existing subgrade shall be done as specified under Bid Item No. 11. - Payment shall be made on a cubic yard basis and shall include all labor, materials, equipment and tools necessary to perform this work. Alternate Bid Item No VI - Subgrade Preparation (In place of Bid Item No. 10) Subgrade shall be prepared as specified under Bid Item No. 10. Payment shall be made on a square foot basis and includes all labor, materials and equipment necessary to perform this work. Alternate Bid Item No. VII - Import Class II AB in Lieu of Use of Recycled Materials (In place of recycled portion of Bid Item No. 9 and Bid Item No. 12) Aggregate base shall meet the requirements of Section 200-2.4 of the Standard Specifications and shall be placed in accordance with Section 301-2. Twenty inches (20") of Class II AB shall be placed in lieu of recycled materials. Payment shall be made on a price per ton basis and shall include all labor, materials and equipment necessary to perform this work. Alternate Bid Item No VIII - Dispose of Existing AC (In place of recycled cold planed pavement) Disposal of existing cold planed pavement shall be per Section 300.1.3 of the Standard Specifications. 59 K:\OCCOMPWL.K\WP51\SP\0148 Payment shall be made based upon a price per ton and includes all labor, material and equipment necessary to perform this work. Alternate Bid Item No IX - Thermoplastic Pavement Markings in Lieu of Painted Markings This bid item shall be an alternate to painted pavement markings as specified on the project plans as "Striping Construction Notes" No. 7 (Crosswalk and Limit Lines), No. 10 (Type IV Arrows), and No. 11 (Legends). Thermoplastic placement shall be per Caltrans Specifications, July 1992. Payment will be made based on a lump sum basis. Alternate Bid Item No X - Raised Pavement Markers for Lane Lines in Lieu of Painted Lines Raised pavement markers shall be an alternate to painted lane lines. Markers shall be placed per Caltrans Standard Drawing No. A20A, Detail 13, and per Caltrans Specifications, July 1992. Payment will be made based on a lump sum basis. - Alternate Bid Item No. XI - Traffic Striping and Markings Not Effected by Alternate VII This bid item shall include all traffic striping and marking work (as described in Bid Item No. 15) not effected by Alternate Bid Item No. IX - Thermoplastic Pavement Markings. Payment will be made based on a lump sum basis. Alternate Bid Itgm No. XII - Traffi Striping and Markings Not Effected by Alternate VIII This bid item shall include all traffic striping and marking work (as described in Bid Item No. 15) not effected by Alternate Bid Item No. X - Raised Pavement Markers for Lane Lines. Payment will be made based on a lump sum basis. 60 K:\OCCOMP\MLK\WP51\SP\0148 STD. PLAN A 20A ui IIS Z 2 ,E3 8 13 zi H I 1 21 1-3 Q Z 00`' OA LY uj LL oT 0 ti ©0 octn Lj D to 0 2 H at TINN at ;. 0 In Go Ld z too LL, too uj z z-, z LU 71. mo Ox to eT 0 2 V) V) H A Lid is a I, xO 0 C) lu ,Te ie :4 to0 o W 0 3, 4 0 � 0 z LO UJ LD ZZ too to -i 0 I, i. C Lij Z oq M, 0 to 1 0 lox o 0 +o z 3 010 ,00-Y I (L ..szro " 00, ,-.4 I TTS iT0 ITS IT© ccs w cs IL in .07 < LU 21 RI vi L, [a zto Lu Z lox -0 f 0 "-- s m zl to L LAO 0 O tA z 2 2 Q, cc f f J, Sc 0 0 23 13 m a N® to T -t 0 t® AN A200 ® ® 2 TeTr n CF =W N T� ..szro Ln n 0 0 ®0 E E ..0.0-..07 : E T-13 is ®i 0 I-} W C LUL) 'o 61 0 m1$ CL gg$ N® ®® 1® ® To ® �> } t®0 E Z 4 M v 4 ®® +lee ® ® c' 3 N m [5 3 E, T n T .� �W Z ® - ® 'e �■ i 8 - ^ ot® ■ a �a Z= W Wz k n LU w 4 O -00 ROO e ® N Q. �V } ®0 t00 a ®i IL U. ct o :00 NGo 40 -00I-+ ®® ®® I ~ l—T® +Y�3-$ buli�Yi JYlul w1JY�lNJ _�-- OC f- ® ® 2 TeTr T N T� ..szro Ln n 0 0 ®0 E E ..0.0-..07 : E W C Ln 0 m1$ CL gg$ 1® ® € Z 4 M v Ll� Q L to ^ lLl 0 8 n H H ®® ® 8 - -. 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Belanger, City Manager MEETING DATE: August 16, 1994 REPORT DATE: August 10, 1994 FROM: Bob Rose, Director of Community Services TITLE: Resolution No. 94 -XX approving the plans and specifications for replacement street trees proposed to be planted along the major boulevards in the City of Diamond Bar. SUMMARY: Staff conducted an inventory of the street trees along the major boulevards in Diamond Bar and there are 149 trees missing from established treewells. The missing trees have been removed due to auto accidents, disease or vandalism. There are a total of 1,436 treewells in the city and it is staff's experience that every year about 5% of the trees in these treewells are removed due to the above mentioned reasons. Staff inventories the missing trees every two years, and replaces them on a biennial basis with council approval. There is $25,000 available in the 1994/95 fiscal year General Fund budget for this work. RECOMMENDATION: It is recommended that the City. Council adopt Resolution No. 94 -XX approving the plans and specifications for the planting of replacement trees along the major boulevards in Diamond Bar and direct the City Clerk to advertise for and receive bids. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification X Resolution(s) X Bid Specifications (On File In City Clerk's Office) Ordinances(s) _ Other: Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: IEAEDt? BY : Torrence L. Belanger City Manag Prank M.- Ushe Bob Rose Assistant City Manager Community Services Director c:\NP60\LINDAKAY\AGENDA-9\treeMAIN.BOB CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 16, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 94 -XX approving the plans and specifications for replacement street trees proposed to be planted along the major boulevards in the City of Diamond Bar. ISSUE STATEMENT: Shall the City Council approve Resolution No. 94 -XX approving the plans and specifications for replacement street trees proposed to be planted along the major boulevards in the City of Diamond Bar? RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 94 -XX approving the plans and specifications for the planting of replacement trees along the major boulevards in Diamond Bar and direct the City Clerk to advertise for and receive bids. FINANCIAL SUMMARY: Engineer's estimate is $25,000. There is $25,000 available in the 1994/95 fiscal year General Fund budget for street trees for this work. BACKGROUND/DISCUSSION: Staff conducted an inventory of the street trees along the major boulevards in Diamond Bar and there are 149 trees missing from established treewells. The missing trees have been removed due to auto accidents, disease or vandalism. There are a total of 1,436 treewells in the city and it is staff's experience that every year about 5% of the trees in these treewells are removed due to the above mentioned reasons. Staff inventories the missing trees every two years, and replaces them on a biennial basis with council approval. Streets included in the inventory are Brea Canyon Road, Brea Canyon Cutoff, Diamond Bar Blvd., Pathfinder, Peaceful Hills (at Starshine Park), Grand Ave., Golden Springs, Washington Street, Temple Ave., Lemon and Sunset Crossing. PREPARED BY: Bob Rose Community Services Director RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE PURCHASE AND INSTALLATION OF PARKWAY TREES IN THE CITY OF DIAMOND BAR AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to maintain certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the maintenance of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the plans and specifications for Parkway Tree Planting in the City of Diamond Bar. SECTION 2. That the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 11:00 o'clock A.M. on Tuesday, September 13, 1994, sealed bids or proposals for the purchase and installation of Parkway Trees in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for Purchase and Installation of Parkway Trees in the City of Diamond Bar". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor 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 2 C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standard, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (1001/6) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed at the time of award in accordance with the provisions of the contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of $15.00, said $15.00 is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non - reimbursable payment of $5.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 9-3 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California, reserves the right to reject any and all bids. The Engineer's Estimate is: $25,000.00 By order of the City Council of the City of Diamond Bar, California. Dated this day of 1994. 4 PASSED, APPROVED AND ADOPTED this 16th day of August, 1994. ATTEST: CITY CLERK I "Myom I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 16th day of August, 1994 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar CITY OF DIAMOND BAR STATE OF CALIFORNIA FOR THE PURCHASE AND INSTALLATION OF PARKWAY TREES IN THE CITY OF DIAMOND BAR The City Clerk of the City of Diamond Bar, California will receive at her office in the City Hall, in said city, until 11:00 a.m. on Tuesday, September 13, 1994 sealed proposals for the performance of the above described services. CITY OF DIAMOND BAR Gary H. Werner, Mayor Clair W. Harmony, Mayor Pro Tem Eileen R. Ansari, Councilmember Gary G. Miller, Councilmember Phyllis E. Papen, Councilmember Terrence L. Belanger, City Manager TABLE OF CONTENTS NOTICE OF INVITING SEALED BID 1 INFORMATION FOR BIDDERS 6 BIDDERIS PROPOSAL 13 SCHEDULE OF PRICES 15 CONTRACTORIS INDUSTRIAL SAFETY RECORD 17 SUBCONTRACTOR LIST 18 NON -COLLUSION AFFIDAVIT 20 FAITHFUL PERFORMANCE BOND 21 LABOR AND MATERIAL BOND 22 BIDDER'S BOND 23 AGREEMENT 25 SPECIAL PROVISIONS 32 GENERAL SPECIFICATIONS 37 TECHNICAL SPECIFICATIONS 39 EXHIBIT "A° 41 SPECIFICATIONS FOR THE PURCHASE AND INSTALLATION OF PARKWAY TREES IN THE CITY OF DIAMOND BAR INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM_ The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Standard Specifications for Public Works Construction, 1991 Edition. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashiers or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guaranty that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed. 3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid upon, alternative proposals or any other modifications of the bid form which is not specifically called for in the contract documents may result in the owner's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered but a telegraphic modification may be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 0 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 withdrawhis 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 he 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 or 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. The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory 7 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 part of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the Owner a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. 11. AWARD OF CONTRACT: The City may award the contract to the lowest responsible bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be compared on 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. However, the award may be made after said period if the successful bidder has not given the City written notice of the withdrawal of his bid. 12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid, or on the base bid and any alternate or combination of alternates. 13. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. 14. LISTING SUBCONTRACTORS: Subcontractors shall be permitted. 8 15. WORKMEN'S COMPENSATION: In accordance with the provisions of Section 3700 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the Owner the following certificate prior to performing the work under this contract: I am aware of the provisions of Section 3700 of the Labor code which require compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 16. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the Owner, will be held for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 17. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City on the form agreement provided, and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be readvertised. 18. "ORE UAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at S4380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 19. EMPLOYMENT OF APPRENTICES: The contractor, and all subcontractors, shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the contractor and all sub -contractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR). 20. EVIDENCE OF RESPONSMILITY 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 z evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 21. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. Pursuant to Labor Code Section 1775, the Contractor shall forfeit as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file and available for inspection in the office of the Department of Industrial Relations, Division of Labor Statistics and Research. 22. PERMITS FEES AND LICENSES: The Contractor shall possess a valid City of Diamond Bar business license prior to the issuance of the first payment made under this contract. 23. TRVM OF COMPLETION AND LIQMATED DAMAGES: Bidder must agree to commence work on or before the date of the written "Notice to Proceed" of the City and to fully complete the project as identified in Exhibit "A" within sixty (60) calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of one-hundred dollars ($100) for each calendar day thereafter as provided in the General Conditions. 24. No REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are advised that upon payment of the appropriate purchase price, the set of contract drawings and specifications become the property of the purchaser and are not to be returned to the City of Diamond Bar. 25. AWARD OF CONTRACT: The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. 26. QUANTITIES : The quantity of work for the unit price items to be done under the contract, as noted in the Schedule of Prices, is an estimate and is not to be taken as an expressed or implied statement that the actual quantity of work will correspond to the estimate. The right is reserved by the City of Diamond Bar to increase or decrease or to entirely eliminate items from the work if found desirable or expedient, The Contractor will be allowed no claims for anticipated profits, loss of profits or for any damages of any sort because of any difference between the estimated and actual quantities of work done or for work decreased or eliminated by the City of Diamond Bar. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 10 27. WITHDRAWAL OF BIDS: The bidder may withdraw his bid at any time prior to the date and hour set for opening of bids upon presentation of a written request to the City's Engineer signed by an authorized representative of the bidder or by the person filing the bid. 28. INVALID PROPOSALS: Proposals submitted by telegraph and those which are not logged in at the office of the City Clerk of the City of Diamond Bar, prior to the date and hour set for receipt of same will not be considered. 29. Ai .TERING PROPOSALS: The wording of the proposals shall not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. Erasures of interlineations in the proposal must be explained or noted over the signature of the bidder. 30. ACCEPTANCE E OR REJECTION OF BIDS: The City Council of the City of Diamond Bar reserves the right to accept any bid or reject any or all bids and to waive any informality or defects in bids received as the best interests of the City of Diamond Bar. Proposals in which the bid prices are obviously unbalanced may be rejected. Proposals in which a bid item is left totally blank will be considered as being nonresponsive and automatically rejected. 31. urn pgICES AND AGREEMENT OF FIGURES: If a unit price bid item total amount arrived at by multiplying the unit price times the quantity does not agree with the total amount entered for the item or if the total amount is not entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in a unit price bid item the total amount is entered for the item but not the unit price, the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid on individual items (if called for) do not add up to the total amount shown, the correctly added total of the individual items shall prevail over the total amount. 32. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to time, issue addenda to the contract documents during the period of advertising for bids, for the purpose of clarifying or correcting special provisions, plans or bid proposal. Purchasers of contract documents will be furnished with copies of such addenda, either by first 11 class mail or personal delivery, during the period of advertising. The addenda will be sent to the address the purchaser of the contract documents left with or furnished the City of Diamond Bar at the time the purchase was made. 33. TERM OF CONTRACT: The term of this contract shall be 60 days for planting. Upon completion of planting as described in Exhibit "A" a 60 (sixty) day tree maintenance period will commence. 12 BIDDER'S PROPOSAL FOR THE PURCHASE AND INSTALLATION OF PARKWAY TREES IN THE CITY OF DIAMOND BAR, CALIFORNIA Date 19 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a copartnership, give the name under which the co- partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any person, firm or corporation. (c) That he has carefully examined the location of the proposed work, and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith. (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed 13 that the quantities set forth are but estimates, and that the unit prices will apply to the actual quantities whatever they may be. Accompanying this proposal is a certified or cashier's check or bidder's bond, payable to the order of the City of Diamond Bar in the sum of Dollars ($ Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state. It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar, but if this contract is entered into and said bonds are furnished, or if the bid is not accepted then said check shall be returned to the undersigned, or the bidder will be released from the bidder's bond. Address of Bidder City Zip Code 14 Telephone of Bidder Signature of Bidder SCHEDULE OF PRICES FOR THE STREET TREE PLANTING IN THE CITY OF DIAMOND BAR In accordance with specifications therefore approved by the City Council of the City of Diamond Bar the undersigned bidder is herewith submitting the following bid prices for the performance of the entire work as described in these specifications and attached drawings subject to this furnishing all materials, as described in Exhibit "A". Item Sim 1. 15 gallon 2. 15 gallon 3. 15 gallon 4. 15 gallon 5. 15 gallon 6. 15 gallon Description Quantity Carrot Wood 2 Cupaniopsis Anacardioides Planting in place per specifications Jacaranda Jacaranda Mimosifolia Planting in place per specifications Bronze Loquat Eriobotrya De, f lexa Planting in place per specifications Crape Myrtle - White 1 Lagerstroemia Indica "white" Planting in place per specifications Canary Island Pine Pinus Canariensis Planting in place per specifications Crape Myrtle - Red Lagerstroemia Indica "Red" Planting in place per specifications 15 23 56 23 17 Unit Item ri Total Item No. Sim Description Unit Item Quantity Price Total 7. 15 Red Flowering Gum 5 gallon Eucalyptus Ficifolia Plant in place per specifications 8. 15 Yew Pine 2 gallon Podocarpus Macrophylla Plant in place per specifications 9. 15 Pittosporum 10 gallon Pittosporum Spp. Plant in place per specifications 10. 15 Bisbane Box 10 gallon Tristania Conferta Plant in place per specifications 11. Various Remove Dead Trees 12 12. 35" x 35" Tree Well Covers 59 Place Per Specifications 13. 60 day tree maintenance period Lump Sum Total Bid Amount Witten In Words: Bid Submitted by Date Company Name Address City Zip Phone ( 1 Fax Signature 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 a 11 fatalities. 5 Calendar Years Prior to Current Year 1990 1991 1992 1993 TOTAL CURRENTYEAR 1. No. of contracts 2. Total dollar amount of contracts (in thousands of $) 3. No. of fatalities 4. No. of lost workday cases 5. No. of lost work day cases involving permanent transfer to another job or termination of employment 6.* No. of lost workdays *The information required for these items is the same as required for column 3 to 6, Code 10, Occupational Injuries, summary - Occupational Injuries and Illnesses of these records, OSSA No. 102. The above information was compiled from the records that are available to me at this time and I declare under perjury that the information is true and accurate within the limitations of these records. Name of Bidder (print) Address City Zip Code 17 Signature State Contractors' Lic. No.& Classification Telephone In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the general contractor's total bid, and the portion of the work which will be done by each subcontractor. Name under which Sub- License Address of Office Specific Description of Contractor is licensed Number Mill or Shop Sub -Contract work & portion of the work If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.) Dated Bidder Signature Signature 18 Accompanying this proposal is (Insert "$ cash", "cashier's check", "certified check", or "bidder's bond", (as the case may be) in the amount equal to at least ten percent (10%) of the total bid. Bid price indicated refers to all items illustrated on plans and details, and delineated within specifications installed and completely in place in accordance with all applicable portions of the construction documents and include all costs connected with such items including, but not necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for Contractor. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) SIGNATURE DATE ADDRESS CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. - CLASSIFICATION - EXPIRATION DATE I declare under penalty of perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 7028.15. CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER 19 NONCOLLUSION AFFIDAVIT State of California SS. County of Los Angeles ) being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any other bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bids are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) Subscribed and sworn to before me this day of 1994. Notary Public in and for the County of Los Angeles, State of California My Commission expires 1994. 20 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the contract is hereby waived by such Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of PRINCIPAL M. 1994. (SEAL) a SURETY (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, 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 construction of the work under the City's specification entitled aria is requires by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if said Contractor in said contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 1994. PRINCIPAL (SEAL) 22 SURETY L -In (SEAL) BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as principal, and as surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on Tuesday, September 13, 1994 for the Purchase and Installation of Parkway Trees in the City of Diamond Bar. NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court. 23 (BIDDER'S BOND CONTINUED) IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A.D., 1994. PRINCIPAL SURETY ADDRESS NOTE: Signatures of those executing for the surety must be properly acknowledged. 24 (seal) (seal) (seal) (seal) (seal) (seal) 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 installation of Parkway Trees in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GE RAL SCOPE OF WOR{: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Purchase and Installation of Parkway Trees 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 poct alENTS TOB ONCTT)FRED 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. 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, and to complete the planting portion of the work within sixty (60) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred 25 ($100.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSUR ANTE • 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, 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. 26 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 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. PREVAILINGWAGE: 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 locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APP F.NTrrFeuro � �...�T 1777.5 of the Labor Code as amen.�.Y `�.�-�TT In accordance with the provisions of Section ded by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 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 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. LEGAi_ unT m pF Wna. 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 28 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 SIMSISTENCE 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. CONTRA TOWS 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 or his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. In the event City, without fault, is made a party to any action or proceeding 29 filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-J21SCREMONATIQN.• 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 PAYMENTO 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 ,1994, in the total amount of 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 attorneys' fees and costs incurred with respect thereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date Un Title Title APPROVED AS TO FORM CITY OF DIAMOND BAR, CALIFORNIA By: City Attorney Date Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time 31 Mayor City Clerk SPECIAL PROVISIONS All work shall be done in accordance with the 1991 Edition of the Standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, Plans, Standard Construction Drawings and these Special Provisions. 2. MODIFICATIONS TO THE STANDARD SPECIFICATION (a) Examination of Plans- Specifications' Special_ Provisions, and Site of Work: The bidder is required to examine carefully the site and the proposal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, including all installations and utilities, whether underground, surface or overhead, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. (b) Proposal Form: All proposals must be made upon blank forms to be obtained from the City Clerk at City Hall, 21660 E. Copley Dr, Suite 100, Diamond Bar, CA. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, and his address shown. If the proposal is made by individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer. (c) Rejection of Proposals Containing Alterations Erasures or Irregularities: Proposals may be rejected if they show any alterations or form additions not called for, conditional or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. (d) Bidder'sGuaranty: All proposals shall be presented under sealed cover and shall be accompanied by cash, cashier's check or certified check payable to, or bidder's bond in favor of the City of Diamond Bar in an amount of said proposal, and no proposal shall be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. 32 (e) Award ofContract: The award of the contract, if it be awarded, will be to the lowest responsible bidder. (� Return of Bidder's G rantee • Proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. The Notice Inviting Sealed Bids, Proposal, Bonds, Instructions for Bidders, General Provisions and Detail Specifications, shall be deemed incorporated in the contract by reference. A corporation to which an award is made will be required, before the contract is finally executed, to furnish evidence of its corporate existence that the officer signing the contract and bonds for the corporation is duly authorized so to do. <., t• =M1*1 -- WIM, M-1 orzoiTmT*.Toronu*TTiiiniT4FtiI An addendum to these specifications may be issued by the Engineer at any time prior to the bid opening. Section 5. Utilities. This section is modified by addition of the following subsections. Subsection 5-1. Location This ection 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 (909) 865-3307 Southern California Edison Company 800 West Cienega San Dimas, California 91773 (909) 592-3724 Walnut Valley Water District 271 South Brea Canyon Road Walnut, California 91789 (909) 595-7554 33 Southern California Gas Company Distribution Department 920 S. Stimson Ave. City of Industry, Ca 91745 (909)394-4327 Underground Service Alert 1 (800) 422-4133 Subsection 5-2. Protection. The Contractor is hereby alerted to the existence of all utility lines shown on the plans. The Contractor shall carefully protect all lines during the course of construction. The Contractor is cautioned to protect existing utilities and their appurtenances which may be within the work area. Particular attention shall be given to water valves. Section 6. Construction Schedule and Commencement of Work :....mended by the addition of the following: Prior to commencing construction the contractor shall submit for approval a construction schedule Section 7. Resnonsihilitiec of the. rnntrartnr ;n Cnnr1i,rt of Nie WnrL '7 'f r -I.-- :,. ,�L�L•�I:I+IItT�:T� • • • • � Labor Discrimination. No discrimination shall be made in the employment of such persons upon public works because of the race, color, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter 11 or Part VII, Division 2 of the Labor Code in accordance with the provisions of Section 1735 thereof. Subsection 7-3.1. Contractor's Reql2onsibiliV for Work. Until acceptance of the work in writing by the City of Diamond Bar, the contractor shall have the charge and care of the work site at all times and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non execution of the work. The contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof. 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. 34 The Contractor shall begin work on or before the date of a written "Notice to Proceed" and shall complete the entire project work within sixty (60) calendar days. No public street, or portion thereof, may be closed to through traffic as a part of this Contract. However, if, in the opinion of the Engineer, it is in the interest of the City of Diamond Bar to close the street, the contractor shall close the street as directed by the Engineer. Full compensation for conforming to the requirements of this section shall be included in other items of work performed and no additional compensation will be allowed. The Contractor shall furnish all flagmen and guards and supply and install all signs, lights, flares, barricade delineators, and other facilities which are necessary to expedite the passage of public traffic through or around the work or to prevent accidents or damage or injury to the public or to give adequate warning to the public of any dangerous conditions to be encountered. The Caltrans "Manual of Traffic Controls" shall be used for all traffic control on this project. Subsection 7-11 SHORING OF EXCAVATIONS Shoring of excavations is not generally required on this project, however, the City's Engineer may determine that shoring is required in portions of the construction area, due to the type of trench excavation proposed by the contractor. The City has performed no soil testing to determine precisely what areas, if any, will require shoring. Shoring of excavation if required shall be in accordance with the requirements of Subsection 306-1, as amended, of the Standard Specifications, and shall meet all the requirements of the Construction Safety Orders of the Department of Industrial Relations, State of California and of OSHA. Approved protective fencing and barricading will also be provided by the Contractor as a part of this item. Prior to the required excavation the Contractor shall obtain all permits required thereby. The Contractor shall conform. to the Section 6424 of the California State Labor Code regarding shoring and bracing of excavations. Of special importance in this regard is the following extract from said section: For the excavation of any trench or trenches five feet or more in depth, the Contractor shall submit for acceptance by the awarding body, or by a registered civil or structural engineer employed by the awarding body, to whom authority has been delegated, in advance of excavation, of a detailed plan showing the design of shorings, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer". 00 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 Pa ent. Subsection 9-3 is modified by addition of the-following Parag=ps, 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 a n c. 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 to the Contractor an amount which, when added to the payments previously made and deductions allowable to the City, will equal ninety percent (90%) of the contract price. Thereafter the balance of the contract price remaining unpaid shall be paid 35 calendar days after the recording of a Notice of Completion by the City. The payment of the final amount due under the contract and the adjustment and payment for any work done in accordance with any alterations of the same shall release the City from any and all claims on account of the work performed under the contract or any alterations thereof. 36 The contractor shall purchase and install per summation data sheet No. 1 the following: Purchase & Install: 149 Trees 59 35" x 35" Tree Well Covers Remove: 12 Dead Trees 2. Contractor to furnish approved backfill material as needed. 3. Contractor to take all necessary precautions to insure all utilities (gas, electric, telephone, etc.) are not damaged. Contractor shall be responsible for notifying Underground Service Alert. 4. Contractor to be responsible for, but not limited to, repair and/or replacement of damaged items belonging to City or private property owners; i.e., sprinkler systems, shrubs, plants, sidewalks, block walls or fencing, etc., resulting from equipment or personnel used in planting. 5. Contractor shall not leave holes open overnight unless prior City approval is received and holes are equipped with proper safety attention markers. 6. Contractor shall water tree at time of planting. 7. Contractor shall use soil amendment as approved by the Community Services Director. 8. Contractor to replace within fifteen (15) days of notification all trees failing to grow, or those injured or damaged during planting operation. 9. All trees to be inspected and approved by Director of Community Services or his representative, prior to delivery to site. 10. Contractor shall submit schedule to Director of Community Services prior to start of work. All work to be scheduled and performed under the direction of the Community Services Director or his representative. Contractor or his delegated crew supervisor shall report to Community Services Director or his representative. Contractor or his delegated crew supervisor shall report to the Community Services Director for work assignments unless otherwise advised. The City reserves the right to revise schedules at any time without notification, should the need arise. 11. Contractor shall work with the flow of traffic at all times. When, during the course of his work, it is necessary to work in traffic„ a flagman shall be used in each direction while .work is being done. Contractor to insure traffic control in accordance with W.A.T.C.H., as published by Building News, Inc. 12. All work subject to the continuous inspection and approval of the Director or his designee. The contractor shall be notified in writing of any performance shortcoming during the course of this contract and corrective action shall be taken as soon as possible. 37 13. Inquiries concerning this contract and work prescribed should be directed to: Bob Rose, Director Community Services Department City of Diamond Bar 21660 E. Copley Dr. #100 Diamond Bar, CA 91765 (909) 396-5694 14. All work to be completed sixty (60) working days from starting date. An exception will be negotiated at a ratio of one to one day extension as an allowance due to missed work only for adverse weather conditions. 38 •' •) W•'Os The purpose of the specifications is to provide for a complete planting of trees and placement of tree well covers. The contractor may find some trees wells are filled with asphalt for safety purposes. The contractor is responsible for removal of and disposal of all asphalt removed. Asphalt shall not be used as backfill material. Some of the tree wells to be planted have tree well covers in place. Contractor is to provide specified tree well covers where such is not already in place. Some tree wells have dead trees in place that must be removed by the Contracotr. All tree wells are 36" x 36". 2. TREES - 15 Gallon Size A. Quality and size of all trees shall be No. 1 Grade. All trees shall not be less than 8 feet in height, nor less than I inch in diameter, six inches above crown roots of said tree. They shall be fresh, vigorous, of normal growth, free of disease, insects, insect eggs and larvae, scars and injured bark_ B. Size of trees shall be 15 gallons. All trees will have been established at least 6 months in the container size specified. Trees shall be nursery grown under climatic conditions similar to those in the locality of the planting. C. Trees shall be subject to inspection before delivery to the site. Trees will also be inspected at the site for the possibility of root bound trees. Inspections will be performed by the Community Services Director or his designee. All trees shall be planted in accordance with spacing and locations designated. Refer to Appendix "A" for locations. 4. TREE PLANTING INSTALLATION A. Remove existing tree well cover if applicable. Excavate pits with vertical side for all trees. Backfill tree pits enough to permit handling and planting without injury to balls of earth or root and of such depth that when planted and settled the crown of the tree shall bear the same relation to the finished grade that it did to soil surface in place of growth. B. Tree pits shall be 12 inches wider all the way around and 12 inches deeper than size of containers. C. Set trees in center of pits, in vertical position, so that the crown of tree will be level with finished grade, allowing watering and settling of soil. D. Install Bio Barrier Root Control System as available from Reemay, Inc. (800) 257-6687, or equivalent. Install per manufacturer's recommendation. Install root barrier in Pinus Canariensis locations only. 39 E. Backfill mix for trees shall be six (6) parts by volume native soil and four (4) parts by volume nitrogen stabilized wood residual and two 21 gram 20-10-5 agriform fertilizer tablets or equivalent. Backfill shall be tamped firmly into place without injury to the root ball. Trees planted in other than cut-out tree wells shall have a 6" high by 30" tree watering basin. F. Replace tree well cover, or install new as manufactured by Robbins Precast, Inc., (909) 277-8888, or equivalent. Prior to final acceptance, the contractor shall be required to adjust any tree -well covers that have settled. All tree well covers shall be flush with surrounding concrete prior to completion of maintenance period. s_IL : el 1A rd le All trees shall be double staked with two 2 inch by 10 foot wooden stakes (commonly marketed as Lodgepole pine). The poles shall be positioned six (6) inches from the trunk at the ground level and twenty-four (24) inches into the soil in a manner to avoid injury to the roots or the breaking of the root ball and shall be installed vertically. The trunk of the trees shall be secured to the poles by means of two ties. The lower tie shall be three (3) feet above ground level and the top tie twelve (12) inches below the top of the tree. See staking detail. Immediately after planting, all trees shall be pruned of all broken or damaged branches. After all other work described in these Specifications has been completed, or within eight (8) hours from time of planting, each tree shall be watered with a minimum of twenty (20) gallons of water. After said. water has settled and soil has sufficiently dried, basins shall be cultivated to prevent crusting and evaporation. UMMERNMONVOMMM The contractor shall maintain all trees for a period of sixty (60) days after the completion of planting, and shall replace any and all trees, in kind, that, in the opinion of the Director of Community Services or his designee, have died, been destroyed, or failed to make satisfactory progress during the period of maintenance. 40 EXHIBIT "A" For clarity it should be assumed that Grand Avenue runs East and West and that Diamond Bar Blvd. and Golden Springs run North and South. NO. OF WELL - LOCATION TREES SPECIES COVERS Brea Canyon Rd.- Northbound Copper Canyon Dr. to Pathfinder Rd. 2 Carrot Wood 2 Brea Canyon Cut -Off Rd. - Westbound Fallow Field Dr. to Pathfinder Rd. 10 Jacaranda 2 Pathfinder Rd. - Eastbound West City Limits to Brea Canyon Rd. 9 Jacaranda 3 (Remove 3 dead Jacaranda) Evergreen Springs Dr. to Diamond Bar Blvd. 10 Bronze Loquat 0 Pathfinder Rd. - Westbound Diamond Bar. Blvd. to Shaded Wood Shaded Wood to West City Limits Peaceful Hills Rd. - Northbound Starshine Rd. to Shaded Wood Diamond Bar. Blvd. - Northbound Brea Canyon Rd. to Sugarpine Place Sugarpine Place to Pathfinder Rd. Pathfinder Rd. to Acacia Hill Rd. Grand Ave. to Clear Creek Canyon Dr. SR -60 Freeway to Sunset Crossing Rd. Diamond Bar Blvd. - Southbound Goldrush Dr. to Clear Creek Canyon Dr. Acacia Hill Rd. to Silver Hawk Dr. Brea Canyon Rd. - Northbound Pathfinder Rd. to Golden Springs Dr. Lycoming St. to North City Limits Washington St. - Eastbound Washington St. - Westbound Brea Canyon Rd. to Cul -de -Sac Cul -de -Sac to Brea Canyon Rd. 41 13 Bronze Loquat 0 1 Jacaranda 0 (Remove 1 dead Jacaranda) 1 Crape Myrtle -White 0 1 Canary Island Pine 0 1 Crape Myrtle -Red 0 2 Crape Myrtle -Red 0 2 Crape Myrtle -Red 0 (Remove 2 Dead Crape Myrtle -Red) 2 Canary Island Pine 0 2 Canary Island Pine 0 1 Crape Myrtle -Red 10(In front of church) 6 Crape Myrtle -Red 6 7 Canary Island Pine 1 15 Bronze Loquat 0 4 Bronze Loquat 26 (Remove 1 dead Bronze Loquat) Brea Canyon Rd. - Southbound Golden Springs Dr. to Glenbrook Dr. Lemon Ave. - Northbound Golden Springs Dr. to SR -60 Freeway Lemon Ave. - Southbound Walnut Ave. to Earlgate St. SR -60 Freeway to Golden Springs Dr. Golden SDrinas Dr. - Northbound West City Limits to Lemon Ave. Lemon Ave. to Brea Canyon Rd. Copley Dr. to Grand Ave. Golden Prados Dr. to Grand Ave. Sylvan Glen Rd. to Temple Ave. Golden Springs Dr. - Southbound Temple Ave. to Sunset Crossing Rd. SR -60 Freeway to Ballena Dr. Lemon Ave. to West City Limits Grand Ave. - Eastbound Golden Springs Dr. to Cahill Place Diamond Bar Blvd. to Country View Dr. Summit Ridge to East City Limits Grand Ave. - westbound Cleghorn Dr. to Diamond Bar Blvd. Diamond Bar Blvd. to Montefino Ave. Sunset Crossing - Westbound SR -60 Freeway to Cul -de -Sac Sunset Crossing Rd. - Eastbound Cul -de -Sac to SR -60 Freeway 2 Canary Island Pine 8 1 Jacaranda 0 5 Red -Flowering Gum 0 2 Jacaranda 1 5 Bronze Loquat 0 (Remove 2 dead Bronze Loquat) 2 Canary Island Pine 0 1 Canary Island Pine 0 2 Canary Island Pine 0 3 Canary Island Pine 0 (Remove 1 dead Canary Island Pine) 1 Canary Island Pine 0 2 Yew Pine 0 9 Bronze Loquat 0 3 Brisbane Box 0 4 Brisbane Box 1 (Remove 1 dead Brisbane Box) 1 Brisbane Box 0 (Remove 1 dead Brisbane Box) TOTAL TREES TO PLANT TOTAL DEAD TREES TO REMOVE TOTAL 35" S 35" TREEWELL COVERS TO INSTALL 42 1 Brisbane Box 0 1 Brisbane Box 0 10 Pittosporum 0 4 Crape Myrtle -Red 0 1 Crape Myrtle -Red 0 149 12 59 cTTV or. DIAHOND DAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: August 16, 1994 REPORT DATE: August 10, 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 138, 139 and 141 in Diamond Bar. Two contracts were awarded to Accurate Landscape & 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 & 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 XC Agreement(s) Bid Results Interim Letter of Agreement 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: REV V; �_----- ." r Terrience L. Be ger Fran M. Us r o Rose City Manager Assistant City Manager Community Services Director c:\NP60\LINDAKAY\AGENDA-9\treeMA1N.BOB 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 #41 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:\NP60\LINDAKAY\AGENDA-9\treeNAIN.BOB CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 16, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: 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 #38, 139 and #41 with the current landscape maintenance contractors, Accurate Landscape & Maintenance Corp. (Districts #38 & 139) and Landscape West, Inc. (District 141), 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 #38 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 #41 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 141 - $43,050. BACKGROUND: At its meeting on May 21, 1991, the City Council awarded contracts for the maintenance of L.L.M.D.Is #38, #39 and #41 in Diamond Bar. Two contracts were awarded to Accurate Landscape & Maintenance Corp. and one was awarded to Landscape West. Accurate Landscape & Maintenance Corp. was awarded contracts to maintain Districts 138 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:\WP60\LINDAKAY\AGENDA-9\treeNAIN.BOB 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 138 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 #2 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 138 Accurate Landscape & Maint. Corp. $43,785.63 #39 Accurate Landscape & Maint. Corp. $71,042.66 #41 Landscape West, Inc. $40,042.23 Both Accurate Landscape & 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 & Maintenance Corp. for Districts #38 and #39 and Landscape West, Inc. for District #41. This item was carried over from the August 2, 1994 Council Meeting. Contract maintenance in the districts has continued through the use of separate interim agreements for each district, which were authorized by the Acting City Manager. The interim agreement for District #38 is for a total amount not to exceed $7,297.61. District #39 is for a total amount not to exceed $10,000. District #41 is for a total amount not to exceed $6,673.71. PREPARED BY: Bob Rose Community Services Director c:\WP60\LINDAKAY\AGENDA-9\treeMAIN.BOB f AUG -05-'94 FRI 10:59 IDICITY OF DIFMUND BAR TEL N0:714-861-3117 21660 9u► T COPUY ARIVE • SUrM 100 DUMND DA& CA 91765 4177 90-802419 • FAX 9"1-3117 August S, 1994 Thomas Olsen, President Accurate Landscape A Maintenance Corporation 1910 N. Lime oranga, CA 92663 NUBJECTs -District its nintrnaaor Contract DQar Xr. Olsen: #299 P03 At Its city council mostinq on Auqust 2, 1994, the city of Diamond Bar City, Council was presented with the extension of the District 038 Maintenanve contract for the 1994/95 Fisoal Year. Unfortunately, due to limited mesting time, the city Council was unable to act or the contract extension. Because landscape maintenance work will continua in District J38 prior to the next regularly scheduled City Council meeting, the City Would like to enter into an interim contract, wh4ch Will cover the period of July 1 through August 33L, 1994, It is understood that Accurate Landscape and Maintenance Corporation will continue to maintain District f38 par the original agreement dated 6/4/91, plus applicable change orders and C.F.I, adjustments. The interim cobtraet amount for July 1 through August 31, 1494, will be for a total amount not to sxasad $7,297,41.. Xindly acknowledge acceptance or this interim contract by signing and returning a copy of this letter for our files. After receipt of this aligned letter, the City Ot Dianond Bar will than issue a purchase order to confide this interim contract. Sincerely, Fra71iC 1�4. Ue 1r Acating • City Manager Acceptance by Accurate Landscape A Haintshanae Corneration By: Date: Mary H. Werner Clair W. Harmony RUM R..nad aary C1. Miller phyLUs H. Papen Mayor MgorPro Tom Cou"ammber Coundimember Counctlmembu sod sto 7�ddOsarV-i 3iddnaod ts:21 so -e0 -t661 C (E 39Ud U31NIHd) £ 39Ud LITE -198-606 lU h66T LI:EI 50/80 U3AT3D3H I ALIO -05—'94 FR I 10:58 Z D I C 1 TY OF D I APIOW BAR TEL N0: 714-861-3117 4299 P02 --- ----- ! 21660 ZUT COPLZY DMV71 • SUM 104 DIAMOND BAR, CA 9176$4177 909403My • PAX 909-661.3117 August 5, 1994 Thomas 01senr President Accurate Landscape i Maintenance corporation 1910 N. Lime orange, CA 99665 /tf2920T; Diftri9t 139 Rainteaaa+ae Contract Dear mr, oisen: At its city council neeting an August 2, 1994, the City of Diamond Bar city council was presented with the extension of the District 139 Maintenance Contract for the 1994/95 Fiscal Year. Unfortunately, due to limitap agetin time, the City Council was unabi• to act on tyle contract extension. Beeausa landscape maintenance work will continue in District #F39 prior .to the next regularlyscheduled City Council meeting, the City would like to enter ino an interim contract, which will cover the period of July 2 through August 16, 1994. It is understood that Accurate Landscape and Maintenance Corporation will continue to maintain District 039 per the original agreement dated 6/4/91, plus applicable C.P,r. adjustments. The interim contract amount for July 1 through August 160 1994, will be for a total amount not to exceed $10,000. Kindly acknowledge acceptance of this interim contract by signing and returning a copy of this letter for our films. After receipt Of this signed letter, the City of Diamond Bar will then issue a purchase order to confirm this interim contract. sincerely, Frank No Usher Acting City Kanager Aaaeptance by Accurate Landscape sy t _ J Date: Corporation Cary H. Wbnkr Glair W, Humony $Veen R. Alii Clary 0. MMW PhAlla R Vann zOd S10 :�dHBSGNH_l iiva1o8d VC:El so-eo-b661 1 (2 39Ud 031NI8d) 2 39Hd L11£-198-606 19 b661 11:£1 SB/80 03A13338 I 21660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR, CA 917654177 909-860-2489 • FAX 909-861-3117 August 5, 1994 Barry L. Konier, President Landscape West, Incorporated 1705 S. Claudina Way Anaheim, CA 92805 SUBJECT: District #41 Maintenance Contract Dear Mr. Konier: At its city council meeting on August 2, 1994, the City of Diamond Bar City Council was presented with the extension of the District 041 Maintenance Contract for the 1994/95 Fiscal Year. Unfortunately, due to limited meeting time, the City Council was unable to act on the contract extension. Because landscape maintenance work will continue in District 141 prior to the next regularly scheduled City Council meeting, the City would like to enter into an interim contract, which will cover the period of July 1 through August 31, 1994. It is understood that Landscape West, Incorporated will continue to maintain District #41 per the original agreement dated 6/1/91, plus applicable C.P.I. adjustments. The interim contract amount for July 1 through August 31, 1994, will be for a total amount not to exceed $6,673.71. Kindly acknowledge acceptance of this interim contract by signing and returning a copy of this letter for our files. After receipt of this signed letter, the City of Diamond Bar will then issue a purchase order to confirm this interim contract. Sincerely, Frank M. Usher Acting City Manager Acceptance by Landscape West, Incorporation By: Date: Gary H. Wemer Clair W. Harmony Eileen R. Ansari Gary G. Miller Phyllis E. Papen Mayor Mayor Pro Tem Councilmember Councilmember Councilmember RECYCLED PAPER CITY OF DIAMOND BAR 21660 E. Copley Drive Diamond Bar, CA 91765 PROJECT CHANGE ORDER #1 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 CONTRACTOR Accurate Landscape and Maintenance Corp. TOTAL OF CONTRACT PRIOR TO SCHEDULED COMPLETION DATE June 30, 1993 THIS CHANGE ORDER $ 3211.60/mons 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 THE CONTRACT WILL BE INCREASED/ DECREASED BY THE SUM OF $ 50.00/mon- __ ssssssm====s. THE CONTRACT PERIOD WILL BE " CONTRACT TOTAL INCLUDING INCREASED/DECREASED/UNCHANGED DAYS THIS CHANGE ORDER $3,261.60 -- _-=-=s==as=aasasssssssssa:ss:ssssssa:saa::ssa:s:sssss:sa:sssss:sasasasa===== �O REVIEWED BY INITIALS DATE APPROVED BY DATE PROJECT COORDINATOR �/n jolb Zi 3 PROJECT MANAGER4 j 3 13 CITY OF DIAMOND BAR 21660 E. Copley Drive Diamond Bir, CA 91765 PROJECT CHANGE ORDER #2 THIS CHANGE ORDER IS APPLICABLE TO: PROJECT NO. PROJECT TITLE i.i ghti n I and T.anda -ate_ Maintenance for District 38 NOTICE TO PROCEED CONTRACTOR Accurate Landscape Maini TOTAL OF CONTRACT PRIOR TO SCHEDULED COMPLETION DATE_T,,,,Q 30-L93A— THIS CHANGE ORDER $40„665.63 - 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). THE AMOUNT OF THE CONTRACT WILL BE INCREASED/DECREASED BY THE SUM OF $1040 00 _======as:======aatsssxxaa=sxoxsax:xx=axxaxxxxxaxassaaaxxxssxxasaxxxxsxx--_---- THE CONTRACT PERIOD WILL BE CONTRACT TOTAL INCLUDING INCREASED/DECREASED/UNCHANGED DAYS THIS CHANGE ORDER $41705.63 ___--=-=---=====xxxxxxxxxx=xxxx=xxxxxxxxxxxx==xxsxxxxxxxxxaxxaxxxx==x=xxn====__ REVIEWED BY INITIALS DATE APPROVE BY DATE PROJECT COORDINATOR � 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 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. 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. 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." E 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. .r7 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 C 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: By: QLJ� � j9 �/ Datd Contractor's Business Phone: Accurate Landscape & maint. Corp. 1910 N Lime Street Orange CA 92665 By: ��r7rLt Title Pr" ent TTi` e CITY OF DIAMQND•BAR, CALIFORNIA By. ayor By: d. city Clerk (714) 921-4255 Emergency Phone at which Contractor May be reached at any time: 0 (714) 921-4255 CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: !�tV6'1 3o,, nq9 PROJECT NO.: zk,�tQ+ 3 S BIDDERS NAME BID BOND BID AMOUNT &oo 3> �.andse�� L� es7t I o % S8, ao o l� cA c� i p r�.50.,nc�scaAe. 1 v /p S Fl, '7 '7 (o i�,a�77 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. 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 Barg 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 0 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: Id".962 «�� j Date Accurate Landscape & P4aint. Corp. 1910 N. Lime Street Orange, CA 92665 By: TitlereSi ent Title CITY OF DIAMOND BAR, CALIFORNIA By -Mayor –�— By: — CIty Clerk Contractor's Business Phone: (714) 921-4255 Emergency Phone at which Contractor May be reached at any time: M (714) 921-4255 CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: � r i 3 O, (9 Q I PROJECT NO.:Zk �tC.t 3oi BIDDERS NAME BID BOND BID AMOUNT l.o�ndscape. IQ, o©© (o(o, oco �1 l�na�se a,o e u.Jest, o 3 Mari Posa- L.Qnd4g:gL. l C4 10"L Sog 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 Maintenance of Lighting & Landscane 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 & 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 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 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. /41710() r.-2 7 6/1/91 Date APPROVED AS TO EORM:� By: - i CORPORATE ACKNOWLEDGMENT tt_ State of CAILFORNIA ORANGE li County of — _ _ SS. errcuv.— .. . T ANTIRCAPF WFRT_ TNC 1705 S. CLAUDINA WAY ANAHEIM, CA. 92805 714-991-1705 By: Title PRES. Title -Tmv r)F DIAMOND; -BAR, CALIF IA On this the 1 day of _ JUNE 14 1 ,before me, CAROL JEANNE REYES the undersigned Notary Public, personally appeared BARRY L. KONIER personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as _or on PRFR behalf the corporation named, and acknowledged to me that the co po atione ecutedittherein WITNESS my hand and official seal. Not '-Sig ature - nnnougn the information requested bebw is OPTIONAL, it couldprev THIS CERTIFICATE Title or Type of Document ent fraudulent attachment of this certificate to another document. MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages Date of Document Si n No 202 Y er(s) Other Than- Named Above NATIONAL NOTARY ASSOOIATION.R9'u ae.............»' CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: G:er i l 3 0., IQ q ) PROJECT NO.: �-)1 e+r i -vi (4 BIDDERS NAME BID BOND BID AMOUNT $37,aoo A�eur � l�e ndtseaw� tom, o oo G; S o o 1�lo�r►(Josa LCn�seaDes 10 (o "lo, 41 b 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 ORDER $ 3211.60/mont ---------------------------------- ---------------------------------- 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 THE CONTRACT WILL BE INCREASED/DECREASED BY THE SUM OF $ 50.00/mons ____________________________________________________________ THE CONTRACT PERIOD WILL BE CONTRACT TOTAL INCLUDING INCREASED/DECREASED/UNCHANGED DAYS THIS CHANGE ORDER $3,261.60 REVIEWED BY INITIALS DATE APPROVED BY DATE PROJECT COORDINATOR t L3 PROJECT MANAGER 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 maintenance services 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 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 re7arding 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 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 - 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 hereby 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 tt_e City Clerk of the City of Diamond Bar, Suite 100, 21660 Ea. -it Cooley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. 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 2 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 o` aonroval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the ccntr`ct. The ratio of apprentices to journeyr;en in such cases shall net 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 pe.r::ent in the 90 days prior to request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public 3 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 rd-ninistrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constit t -e a legal day's work for all workmen employed int he execution of t -_is contract and the Contractor and anv subcontractor under him shall. employ with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or anv subcontractor under him, upon a:.%, 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 (8) hours in violation of said Labor Code. Contractor agrees to pay travel and su'sistence pay to each workman needed to execute the work required :�v 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 the next lowest bidder, the amount of the lowest bidder's security shall be applied by 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 e..:er into such contract said cash, cashier's check, certified cheer, 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 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 hile 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 5 contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to .whom a proposal for:; has not been issued by the City of Diamond Bar. r C-27 license is required. The work is to be done in accordance the profiles plans, and specifications of the City of diamond Bar crn file in the office of the City Clerk at the City hall, Diane -d Bar, California. Copies or the plans and specifications will he furnished upon application to the City of Diamond Bar and pay,:.ert of S5.00, said 55.00 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 Diamond Bar. F 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. 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. !AOR EOUAL": Pursuant to Article 5, Chapter 3, Part 1, Division 2 (ccmmencing. 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 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,las 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 inat 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 to`al 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: 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 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 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) 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 QroEb 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 11 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 j 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 01K, 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 BY: (SEAL) SURETY BY: 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 BY• (SEAL) SURETY BY: 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 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. 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: WA "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. 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 cf 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. NIP) 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 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 theiservices 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 Commencenent 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 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 execut.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 followina• 1 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 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 (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 (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 (90a) 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 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 pirector 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 SPI 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 sand 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 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. 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 tine 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. 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 subcontractcr 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 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 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 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. Aerating. Aerate all turf areas four (4) times annually in accordance with the specialized maintenance program (Exhibit C). Aerate all turf by using 1, 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) wee=:s 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 stall 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 200 95% 90% Lolium Perenne 'Pennfine' Rye 26 1/3% 95% 85% Pennant Rye 26 1/30 95% 85% Derby Rye 26 1/30 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 ail 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. MOW 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 (11) 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. (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 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 Strip 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 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: 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 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, 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 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 c.over, 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 (150) 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. Theo perational 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 e at the start of each work day and sand cleanedpand traked level shall be instocremove 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 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 theseareas 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 re that the planted slopes be kept weed free at all times. contractor ireshall 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 20.02, 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:-pensation 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 discc:;tinued, the Manager's Office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. sPls EXHIBIT IE5 " 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? if 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? n O e n' m K ^ `l 7 1f� 0 m 0 -ten z � o > � 3 A �_�C^D .. Tz < T n L) _� m O �. � m n o o m ; co z m o c z > Dj z r � m z z z m n m o. C r-- > m c 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 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 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 Ncrt, 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. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Did for Lighting and Landscape Maintenance District No. 39.11 PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Lahor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate cf 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 Relaticr:s of the State of California is required to and has determin`d such general prevailing rates of per diem wages are on file in th_ office of the City Clerk of the City of Diamond Bar, Suite 100, 21650 East Ccpley,7 Drive, Diamond Bar, California, and are available to any interested party on recuest. The Contracting Agency also s^.all cause a copy of s-lch determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, twenty-five i dollars ($25.00) for each laborer, workr.an, or nechanic 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 2 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 wor::s 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 journey,en in such cases shall not he less than one to five except: A. When unemployrLent in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to tn:e request for certificate, or B. W'—Ien the number of apprentices in train; --,g 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 h_s contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contrihutions 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 3 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 0 Apprenticeship, San Francisco, California, or from the 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 emplov 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 -o the City cf 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 d'-:ring which said laborer, 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 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 the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar for a-. a:ount equal to at least ten percent (lo%) 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 c :eco: or bond shall becc,.e the property of the City of Diamond Bar. I -.he City of Diamond Bar awards the cc -:tract 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 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 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 5 contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a 3crcposal 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 Yrith the profiles, plans, and specifications of the City of diamond Bar on file in the office of the City Clerk at the City hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of $5.00, said 5.00 is nonrefundable. Upon written request by the bidder, cccies 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. 0 PASSED, APPROVED AND ADOPTED this ?ncl day of April , 1991. PRO TEM I, LYNDA BURGESS, City Clerk of the City of Dianond Bar, do hereby certify that the foregoing Rdsolution 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: COUNCIL21EMBERS - Werner, Nardella, Papen, Mayor Pro Tem Kim NOES: COUNCIL:MEIMBERS - None ABSENT: COUNCILMEMBERS - Mayor Forbing ABSTAINED: COUNCI12=BERS - None 3� �� LYN URGESS, City'Clerk City of Diamc: d Dar 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. 1 5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. -The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 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 tasis 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. 11OR 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 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, 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. 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 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 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. 39 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 Yeats 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) Address Signature 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 & And Linear Feet AC Asphaltic Concrete LS Mod. Lump Sum Blvd. BoulevardModified CAB Crushed Aggregate Base I Manhole CB Catch Basin No. Number Conc. Concrete NRCP Number Nonreinforced concrete Conn.C onnector or Connection Pvmt. pipe Const. CIP Construct Perm. Surf. Pavement Permanent Surfacing CSPPortland Cast Iron Pipe Corrugated Steel Pipe PCC RC Cement Qi1� CY Cubic Yard Reinforced Concrete D D -load of pipe RCB Reinforced Concrete Box Dia. Diameter RCP Reinforced Concrete Pipe Dbl. Double Reconn. Reconnect Dwy. Driveway Reconst. Reconstruct EA Each Reinf. Reinforcing or reinforced EA Electrolier Lighting Restor. Resurf. Restoration Conduit Resurfacing Excay. Excavation Rd. Ex. or Exist. Existing Sched. Road Feet Schedule Fur. & PI. Furnish and place SD Sec. Storm Drain Ga. Gauge SF. Section Galv. Galvanized Spec, Square Feet Gr. Grate SS Special HSanitary High or height Sta. Sewer HC House connection St. Station Street improv. sewer Improvements Struct. structure 11 Inches Trans. Transition JS Junction Structure TS Var. Transition Structure Lb. Pounds VCP Variable LD Local Depression,, W Vitrified Clay Pipe 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 ) County of ) ss. deposes and says that he or she is being first duly sworn, of ae bid that the bid is not made in the intpere t mof Kin on theforeg0 00f,, any undisclosed person, partnership organization, or corporation; that the bid cis pgenuineo and snot 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 association, organization, bid depositor partnership, company agent thereof to effectuate a collusive or sham to any member or. STATE OF CALIFORNIA ) COUNTY OF ) ss. I Subscribed and sworn to before me 19 Notary Public in and for the County of State of California. My Commission expires 20 Signature this day of , 19 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 BY: (SEAL) SURETY BY: 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 lawful money of the United States of America,,Ofoorthe$paymen oof 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 by said Cit to and is required Y 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) Qa (SEAL) BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as principal, and s sureand firmly bound unto the City of Diamond Bar in the sumare toheld tenn 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. 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) PRINCIPAL (seal) (seal) (seal) seal) ADDRESS (seal) 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: 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. The policy d. subparagraph a.oshall ncontain ansurance eendorsement wed hich: in ih: 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 e 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 laws of the State of California comply with and be governed by the 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. B. TRAVEL AN[!—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, oeration, or activities of the contractor, his agents, employees, supbcontractors, 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, ing 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 said Code. of Section 1735 of 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 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: APPROVED AS TO FORM: Title By: City Attorney Title CITY OF DIAMOND BAR, CALIFORNIA By: Mayor By: Date Contractor's Business Phone: 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 S Works Construction pecifications for Public Specifications hereinafter referred to as Standard Standard Construction Drawings and these Special Provisions 2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS Section 2. Scope and Control of Work. �1V11-l. Award and Execution of Contract is amended by the fol lowincr (a) Examination of Plans specifications Special Provisions and Site of Work: The bidder is carefully the site required to examine specifications and the proposal, plans, 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 contract. It special provisions and the 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 forms to be omust be made upon blank btained from the City Clerk at City Hall 21660 E. Copley Dr., Suite 100, Diamond Bar, California. Ali proposals must give the ' writing and figures Prices proposed, both in and his address shown, and must be signed by the bidder, individual If the proposal is made by his name and post office address shown. If made by a firm or Post office of each member of Partnership, ort e name and must be hip shown. the firmmust be 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) Re'ection of Pro osals Containin Irre ularities: Proposals ma Alterations Erasures any alterations Y be rejected if they show conditional of form additions not called for, or alternative proposals, proposals, erasures, or irregulaincomplete rities of any kind. {d) Bidder's Guaranty: All proposals shall be under sealed cover and shall be accom Presented accompanied b cashier's check or certified p payable to, or Y cash, 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: be held until the Proposal guarantees will after which the contract has been finally executed, bidders whose Y will be returned to the respective proposals they accompany. " �-�.1. Plans and S the addition of the followin : e An addendum to these specifications may be issued by the Engineer at any time prior to the bid opening. �unsecticn 2-9 follow] ncr: M1 (a) All surveying necessary and adequate for construction Purposes will be done b in the Special Provisi nshe City Engineer or as modified (b) The Contractor shall give two(2 ) working days no, in writing, when thelservices Of City Engineer ticewill be required for laying out any portion of the work, and he shall dig all holes necessar The Contractor shall Y for line and grade stakes. lines preserve all stakes set grades or measurements for the 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 concrete. source of asphaltic Section 5. Utilities. This section is modified by addition following subsections. of the Subsection 5-1 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 contacted as indicated: listed may be UtilitV 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 (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. Res onsibilities of the Contractor in Conduct of His Work. Section 7-2. Labor amendedby the addition of the followin 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-Reslognsibility 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. �uuJeczion 7-10.1. Traffic and Access is amended by addition c following• Ii 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 foil -Owing aracLranhs: 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 (goo) of the estimated percentage of actual work completedpent bycthe end of the preceding calendar month, based on the less all previous payments contract price shall withhold no less than sten provided h to%at in all events the City until final completion and acceptance of the workhe Thetract Contraprice ctor 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 (goo) 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 ccntract 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 hereto within the boundaries attached 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 dut Privilege to mow, edge, trim, overseed, reseed, y� right and ize, 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 backflo:,; 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 --y during periods of inclement weather, ,;hich 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. 1.03 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, Village parkway panels, cul-de-sac islands, g 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 foota es by all areas to be maintained on the attached ExhibitcA.arHowweverdedtfis 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 ciscape Maintenance certification form designated Exhibit B and shall submit g same to Director concurrent with the monthly invoicin e submit payment to the Contractor will not be made until such report hasnthly 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 completed, the quantity and compspecialty type maintenance operations specialty 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. report shall be in a form and content acceptable to the Director ad Said 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 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 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 the Contractor's operation shall be repaired or tc replaced at the Contractor's expense. 5.02 All such repairs or replacements shall be within the following time limits. completed a• Irrigation within one watering cycle. damage shall be repaired or replaced b. All amages t shall be repaired or replin five(5)shrubs, t working turf da s groundcover laced with 5.03 All repairs and/or replacements shall be completed in accordance with the following maintenance practices. Of mo:ain e a. Trees - Minor damage such as bark lost from impact g quipent shall be remedied arborist. by a qualified tree surgeon or age in s of a damaged tree shall be removed and amrepl replaced to complyswith the specific instructions of Director. b• Shrubs - Minor damage appropriate pruning. may be corrected by - Major shall bcorrected Of the damaged shrub and repla eme nt to ecomply wi th the p ovbisionsvir Section 18 of these Specifications. C. Chemicals - All damage resulting from chemical operation, either spray -drift or lateral -leaching, shall be corrected Jr. 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 e interpretation of the Director, he shall t co ti nue lwigthe the work the 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. 11.04 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, Count legal requirements including but not limited to y, State or other the terms of the applicable O.S.H.n , full compliance with all times so as to and CAL. O.S.H.A. Safety Orders at employees Protect all persons, including Contractor's from employees, agentseable iofuthe City, vendors, members of the public or others inspect all potential hazards a damagery, or said are seir propertyunder maintenance an . Contractor shall a log indicating date inspected and action taken. d keep 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 an thereon. The Director shall be notified 'Immediately of practicesunsafe occurring cunsafe condition that requires major correction. shll be responsible for making minor corrections including but Contractor of limited to filling holes in turf areas and paving, replacing valve box covers, and securing play apparatus if any so as to others from injury. Contractor shall cooperate fully Protect with City ers of theor investigation of any accidental injury or death premises, including a complete occurring on the 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. 00 : 3 to to ptrict m. on those days maintenance is to be provided for a Special 3:00 in advance b Pursuant to the wcrk schedule approved y the Director. 9.02 Contractor shall provide on-site prescribed hours five staffing at the (5) days per week, Monday through Friday at the Special Districts indicated on the work schedules approved the Director. Any changes in the days and hours of operation heretofore prescribed shall be subject to prior written a 9.03 Per State of approval by the Director. directed to the followingCalifornia Labor Code, Contractor is hours of employment. Eight rescribed requirement with respect to the shall constitute a legaday's works of and said d C nor t ractor hall er this Agreement not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to more than eight (8) hours duringan labor hours during any one calendar week, except as authorized or more b forty (40) Section 1815, under penalty of a Y Labor Code five Dollars paying to the City the sum of Twenty - ($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 re to labor more than eight (8) hours in any one calendard dor ay or forty Y SP5 (40) hours in any one calendar week, in violation of the provision of. Section 1811 to 1815, inclusive, California. of the Labor Code of the State of 10. MAINTENANCE SCHEDULES 10.01 to Contractor shall provide workDistricts be maintained which asubmittedchedule the shall be to he Dfor within ten (10) days after the effective irector approval. date of this Agreement for his 10.02 Performance The Contractor shall submit revised schedules when actual differs substantial) rforma c revisions shall besubmitted to he f Direcplantor days within worSaid hpn prior to scheduled time for the work. g 10.03 Contractor's The above provisions are not construed to eliminate the responsibility in the Director hereinafter. complying for Specialty T p Ying with the requirement to notify Y YPe maintenance as set forth immediately 10.04 least two (2) Contractor shall notify the Director, writing, in weeks prior to the y"Spe maintenance operations. at date and time of all "Specialty Type,, "SpecialtyT Yp " 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 iramn com lian With the specialized maintenance Failure to complet special services pingaccord E with lthe schedules set forth ce on Exhibit C will result in the Contractor becomin liable attached hereto. liquidated rth damages ($100 per da g ble to the City for automatically upon the first da Y) without written notice commencing completed. Y following the final date such work was to be 11. CONTRACTOR'S STAFF 11.01 The Contractor shall Provide perform all work in accordance with the specifications set forth herein All of the Contractor's maintenance personnel shall be supervised b a qualified, English speaking, Foreman in the employ of the Contractor. 11.02 Y Contractor shall transfer or discharge any employee whose conduct or activity shall, in the reasonable exec cise the Director, be deemed detrimental to the interest ofdiscretion dtheret ub by patronizing the premises. Contractor shall transfer or dischargeany such person within a reasonable time following notice therefor from the Director and such Y a me anceall not be c contracted forand maintained by, City District area of m Contractor. d by, the 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 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 tc 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 i% 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 cr 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) 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: 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 now 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 andliMaintenance 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 (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 200 950 900 Lolium Perenne 'Pennfine' Rye 26 1/30 95% 850 Pennant Rye 26 1/3% 950% 80 Derby Rye 26 1/3% 95 0 855 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. 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 11 trees or any trees that pose a threat to adjacent concrete, walls or property. All rees diseased and damaged (bran hestback toall the point of1breaking.be maned free all dead, be made flush with the parent limb or trunk to promoteCuts must proper Any cuts exceeding one and one-half (1%,) inch will be trated withga wound dressing. All sucker growth is to be removed from trees as it occurs. overhan (3) Maintain seven (7) foot clearance for branches ging 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. Sell (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 (%Z) 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 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 Strip 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 o` 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, 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 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 (150) 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 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 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 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. Afterotilling, 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 hazard condition exists. The required weeding shall be completed as soon as passible 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 bl 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 Inde:: (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 ��� A'39 Ii 0 iI X x x l �tiYa�lEW S 0. �z LQ TE l5,7 % ACAks TU a F 'L 2 5 A, -RF. 5 a;W,-L44 6 or-, c;4,;; s OWA -ro -6 / j�11.k1NTA111�S7 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? 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? V —� m m m Oo °r �) 8 M� n cn C _ n C, p�p 0 C;zo C, r- z O [ '� NC _- � <n < °n '_3 0 y ° L O O O O O n 0 0 N N N N^ O 70 < 70 C(''� m W L V 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 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 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, na~ked, ,Did for Lighting and Landscape Maintenance District No. 41.11 PRET-AILING WAGL: Notice is hereby giver that in accordance with the provisions of California Labor Code, Division. 2, Part 7, Chapter 1, articles 1 and 2, the Contractcr is reau'ired to pay not less than the general prevailing rate of ren diem .,;a-es rk of a similar Or WO :Mar C:ar2Cter 1P. the 1CCa11 t'J in wor- is perfor-ed, and _ less ti a;_ ti: CER?r3- rcvc i 1Pi:7 'atE Of per diem ,~-ages {or h li day and - o � ove � _ma ,.�c� ri. I:- --'-a-- regard, the Drector Of t:".e Depart:-.ent Of indus—r1al Relatio-.s cf :he Stat2 Of California is required to and has deternined suc'.^ general prevailing rates of per diem wages are on file ir' _he c_"' _ce of the City Clerk cf the City cf Diamcnd Bar, Suite 100Ea��. st c� C�,pie •✓ Drive, Dla.iond Bar, California, and are available party on r2Cuc5t. the CCn-tractinq Agency also S-Cause a C'?'J' Of SLiC,1 deter .i.natlOnStO die pos pd at the 4Ob T:_ - Ccntractcr s,iall f0:_=eit, as penal--v -c the Cty Dla�:•o�d Bar,tw nfl.'e dollar_- ($25.00) _ ea-1 laC=er work_.. nt, Or mec .3n1C --Y� C for eac11 ai d _ day O r; C` _ r Uri =1C -L-herecf, if such laborer, workman, cr mechanic is cc 1es5 than the ----nal p=r,�,'` _ling rates of h_re_nbe_fo_-e sZ_'Oulated fc� any 6: 0:_ dcnr under the attached contract, or L', any Subcontractor under hlir7., In vlOiation of the cf said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes o= 1939, and in 2 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 journeti^ 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 cne to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public 3 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 �.dministrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constit-.a e a legal day's work for all workmen employed int he execution of th j s contract and the Contractor and any subcontractor under him stall employ with and be governed by the laws of the State of Cali fcr_,ia having to do with working hours as set forth in Division 2, Part 7, Chapter 1 Article 3 of the Labor Code of the Sate of California as amended. The Ccntractor shall forfeit, as a penal t✓ to the Citi of Diamond Bar, nct more than fifty dollars ($50.00) fcr each laborer, workman, or mechanic employed in the execution of L. contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, forI each calendar day during which said laborer, workman, or mechanic is required or pe=itted 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. ZI The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the Citvof Diamond Bar for an amount equal to at least ter. 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, t -ie amount of the lowest ti_ --tier's recur tti shall be applied by the Cit of Diamond r Y d Ear for a., 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 ccntrac- if the sane is warded to him, and in event of failure to ent_r into such: contract said cash, cashier's check, certified c e^ or bond shall becor.-,e the property of the CitNi of Diamcnd Bar. If the City of Diamond Bar awards the contract to th:e next lowest bidder, the amount of the lowest b_cder+s secur _ `y shall be applied by the City of Diamond Bar tc the difference between the low bid and the, second lowest bid, and th;e surplus, if any, shall be returned tD the lowest bidder. The amount of the bond to be given to secure a faithful performance cf the contract for said work shall be fifty percent (50%) of the annual contract price thereof, and an additional bond in an amount equal to twenty-five (25o) 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 r contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal for . has not been issued by the City of Diamond Bar. C-27 license is required. The work is to be done in accordance Frith the profiles plans, and specifications ' P cifications of the City of diamond Lar On file in the office Of the City Clerk at the City hall, Diar,:ond Bar California. Copies of the plans and specifications will .._ furnished upon application to the City Of Diamond Bar and payer.=nt c= $5.00, said 55.00 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 c,.erhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. r_ PASSED, APPROVED AND ADOPTED this 2nd day of y' R PRO TEM I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passes, 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: COUNCIL2-!7-1BERS - Werner, Nardella, Papen, and Mayor Pro Tem Kim NOES: COUNCILI-IEMEERS - None ABSENT: COUNCIL'EIMBERS - Mayor Forbing ABSTAINED: COUNCIL'`E -SBERS - None LYNDA BURGESS, C=ity Clerk City of Dia:: nd 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. 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 hasis of the lowest possible cost relative to the alternate or alternates selected and the contract, it 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 EOUAL": 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 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 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 License Expiration Daze 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 Protect 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 CURRENT YEAR 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, 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. t Name of Bidder (print) Address Signature State Contractors' Lic. No. & Classification Citv 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 Oymb 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 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 ) being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company,association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited 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. Ply 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 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 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 & 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 set1forth 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 $5001000 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 e 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. 0 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 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 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. 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 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 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. Pomona, California 91766 (714) 865-3307 Southern California Edison company 800 West Cienega San Dimas, California 91773 (7 14) 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 followina• 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 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 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 (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 (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 remaining unpaid 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 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 x:_11 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 cf any appurtenant structures and equipment. 1.0: 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 -_rform any operations, particularly during periods of inclement weather, which nay destroy c -- damage -damage plant, groundccver or turf areas. 1.06 The Contractor shall, during the specified hours and days of operation, respond to all emergencies wit^in 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 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, tate 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 beer, 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 operaticns 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 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 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 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 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 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 ( 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 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 tc 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 he 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 2'12 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. 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) 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: Spa (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. (12) inches to determineo thewateril openetrat on by be shall be r ndomto a dtesting oftheroot zones. (10) Contractor shall file a monthly statement with the Department of Parks ands 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 (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%o Lolium Perenne 'Pennfine' Rye 26 1/3% / 950 %900 Pennant Rye 95a 850 Derby Rye 26 1/3% 95% 850 26 1/30 950 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. Tri_ mmina. 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. disease and insects and Maintain free of 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 (11) 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. sell (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 (z) 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 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 Strip 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 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: 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 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, 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 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 -all 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 (150) 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 (150) 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 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 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 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 SP77 prior to the expiration of the initial term of this Agreement, or of any additional 1 year extensions. 29. CONTRACTORS 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 F XX.�xxxYr N j 2.0PES TURF --- 111,00 S.F. _ To $� MA1�1T?tN'�i7 EXHIBIT J 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? 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? n . -� �C)m O 23 ;3 8 ^ p C 003033 t... i N� ax's �c T0T� O c ` D = _ m O .. r O .. r 7 T _ N O n=_ - o' C7 yC NC w C C C 45 r r r wn r7 O N Lm O Q 2 < C m T rn I 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 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 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 #41 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>-Pasults 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: op ��-Terren e Belanger F nk . Ush BobRose City Ma ger Assistant City Manager Community Services Director c:\VP60\LINDAKAY\AGENDA-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 139 in the amount of $71,042.66 and the one contract with Landscape West, Inc. for the maintenance of District #41 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:\NP60\LINDAKAY\AGENDA-9\ 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 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 #38, #39 and #41 with the current landscape maintenance contractors, Accurate Landscape and Maintenance Corp. (Districts #38 & #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 #38 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 #41 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 #38, #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 #38 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:\WP60\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 #2 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. $40,042.23 Both Accurate Landscape and Maintenance Corp. and Landscape West, Inc. have agreed to forgo a C.P.I. adjustment for the 1994/95 fiscal year. DISCUSSION: All three contracts for landscape maintenance of the districts were sent out to bid in a sealed bid process, and resulted in the award of contracts on May 21, 1991 for the 1991/92 fiscal year. Each contract has provisions to extend the contract on an annual basis if it is deemed to be. in the best interest of the city to do so. Extensions were granted for both the 1992/93 and the 1993/94 fiscal years. It is staff's desire to re -write the specifications for these contracts to include the following tasks: fertilization of turf and trees, pest control, brushing for fire breaks and additional broad leaf weed control. Currently, these items are completed as add-ons to the contract and require separate payment. This is a working list and other items may be added as the specifications are further reviewed. Staff believes that the specifications can be re -written and the bid process completed within six (6) months. In the mean time, landscape maintenance is required in the districts and staff believes that the best contractors to do this work are the ones who have done the work in a satisfactory manner for the past three years: Accurate Landscape and Maintenance Corp. for Districts 138 and #39 and Landscape West, Inc. for District #41. PREPARED BY: Bob Rose Community Services Director c:\HP60\LINDAKAT\AGENDA-9\ -- -- - —,r- ,u.4Iir uh ll1HMOND EAR TEL NO:714--661-3117 21MPAST COPMMM.sUM100 DIAWNDBA&CA 9170.4177 944-W34a - FAx 9N41.31:7 JU1y 2a, 1994 Thomas Olean, president Accurate Landscape and xa.intsnanoa corporation 1910 N. time Orange, CA gagis 141 Distriat 138 Xaiutanaaca cOntract Dear Xr. Olson: 4224 Pea POs our rMcent telephone *CMVV waktjOni the City or ),$mond bar is intereetsd in a UrAing the District f38 maintat,anao contract With Aaaarata r.andnoape and une 30, Kaintenanoa Co oration trc�l �'uiy i, xou�h J 1999. Tr,. wi 1994 thll rein the, ■a, amount as t -he 1943/94 contract, $43 785.63. The $43,783.53 includes change orders ft and #9, pias C•P-1. increases alreaad At agreed to in extensions for 1992/93 MA 1993/94. Pending approval of this contract extension by Diamond Bar City council at its August 2, 1994 meeting, a pure haso order in the amount not to oxaood *43,793.63 will be prdasKama and rain the to you.Need ,incerely, Bob Rose, D,irovbor Oomounity services Doparteer,t By signing below, the parties agree to the above t&rms. Date I C3 yroi Diamond ear sZes an a Aoouratie ndsoapa a nd Itaint. Corp. Gary H. I%tnw Clair W. Hummy 811W R Ar^d0. bg� MRYN VAyar ho Um Daukl---- sle CC neummew y ember iuc�e EOd 610 3dVOSGNV7 :IiVcInOOV 90:60 62-LO-b66L I (E 399d MNI8d) £ 39Hd Li IE -198-606 1H 1,661 Ll :R1 67./L0 03AI3338 1 13660 LAST C OPLSY DRIVE a $UrM 100 DIAMOND DAR, CA 01765.4177 90940.2119 • !AX 9p1 1.1117 July 28, 1964 Th"as Olson, president Aocurats Landscape and Maintenance eerporatian 1910 N. Liza Orange, CA 92id5 iaa District 039 ltaiatemaace Contract Dear Mr. Olsen: Per our recant telephone conversation, the city of Diamond iter is interested in exteudinq the District 139 maintenance contract with accurate Landscape and Maintenance Corporation fros July 1, 1944 throlagb June 10, 1995. The Contract will resain the same amount as the 1963/94 contract, $71,042.66. The $71,042.66 amount includes the C.P.I. increases already agreed to in extensions for 1962/93 and 1993/94 fiscal years. Pandiny ayypravaI of this contract extension Diamond Saar City council at its August 21 1994meeting, a purchase order In the amount not to exceed $71,042.66 will be processed grA forwarded to you. sincerely, Bob AOse I Dissator Community Services Department Ay signing below, the parties agree to the above tarns. 4L �� A Ila vT • • ee en a e Ci y of Diamond Bar Accurate Wdseaps and !taint, Corp. Gmy H. VVrmu Clair W. Rummy BUM R. Anrd Gaut' 0.1Mtar phyms a P'qW bbyor Tda)w Pw Ton cotwomeabt Coumik"I"bw C mUmcmbor 1tAc.'roDDtMek 1994-07-28 11�?S R�rr 'n�� bOd 610 -1ddOSaNb-1 3IIV81OOH 96:60 62-10-b661 [ (1, 39Hd 031N18d) 6 39Hd 411£-198-606 JU 1661 81:01 62/10 (13A13338 ] CITY OF DIAMOND BAR r -- AGENDA REPORT AGENDA NO. /.. TO: Terrence L. Belanger, City Manager MEETING DATE: August 16, 1994 REPORT DATE: August 10, 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 & 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 & Maintenance Corp. has agreed to forgo this adjustment. Plus, after a year of servicing this contract, Accurate Landscape & 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 Clerk's Office) Ordinances(s) X Other: Letter of Agreement X Agreement(s) Bid Results Interim Letter of Agreement 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: Y: Tetrence L. �164anger Frdnk W.- Xpfil§r f City Manager v Assistant City Manager c:\WP60\LINDAKAY\AGENDA-9\treeMAIN.BOB Bob Rose Community Services Director 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. This item was carried over from the August 2, 1994 Council Meeting. Contract maintenance in the parks has continued through the use of an interim agreement which was authorized by the Acting City Manager in an amount not to exceed $10,000. 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:\WP60\LINDAKAT\AGENDA-9\treeMAIN.BOB AU0-05-194 FRI 10:59 ID:CITY OF DIPI-04D gqR TEL N0:714--861-3117 0299 PO4 I IWO BAST COPLEY DRIVE - SLrrt'81a0 DIAMOND IAlto CA 91765-4177 909-M24E4 • FAX 90-961-3117 August 5, 1994 Thomas Olsen, President Accurate Landscape i maintenance Corporation 1910 N.•Lim• Orange, ch 92668 GMWBCT I city pants PALAt"Anoe contract Dear Mr. olsan: At its city council Meeting On August 2, 19941 the City of Diamond Bar City Council eras presented with the extension o! the Parks Maintenance Contract for the 1994/95-Fisoall Year. Unfortunately, due to limited meetin time, the City Council was unable to cat on the oontraot extension. Because landscape maintenance work will continue in the parka prior to the next re larly scheduled City council maetin, the City would lire to enter into an interim contract, which will cover the period of . July 1 through August 16, 1994. It is understood that Acograte Landscape and Maintana,nce Corporation Will continue to maintain the City parks per the Original agreement -dated G/1g/93, Thi interim contract amount for July 1 through August 16, 19941 will be for A total amount not to exceed $10,000. Kindly acknowledge acceptance or this interim contract by signing and returning a copy of this letter for our files. After receipt of this signed letter, the City of Diamond Bar will then issue a purchase order to contira this interim contract, Sincerely, Frank M. Us r Acting City Manager Acceptance by Accurate Bys Date: Ir Maintenance corporation Gary H. Wbmer Clair W. Harmony IMM R An" Guy d. Millar r'hytlie E. Papcn • /...__ 1I..._. /. .� T. ._ /��.. ..11 ..._l._ M_. 11 /r ... .►/ b08 Si0 :�dHOS4Nb1 31LV8noov SE:Z[ SO-90-b66I C (1, 39Hd (131HI8d) 11 39Hd LTI£-190-606 IU 6661 06:£1 S0/80 03AT332H ) 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 eight (8) community parks 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 the maintenance of city parks 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. 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." 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." 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 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. 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. 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: 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. 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 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 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. 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 APPROVED AS TO FORM: By: i ware By%/ i -- Title L Title CITY OF DIAMOND B1�R, FORNIA By: By: C ClerkX 4:2J 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: I g 99 3 PROJECT NO.: B DDERS NAME BID BON) BID AMOUNT A Ibi loz�(fl0U.do # ►0615co.cp tat !o i 4' 14q ,55b-ao CITY OF DIAMOND BAR STATE OF CALIFORNIA SPECIFICATIONS ATIONS 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. CITY OF DIAMOND M 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 PARKS STATEMENT OF WORK 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 PARRS TABLE OF CO ENTS I. ADMINISTRATIVE SPECIFICATIONS SECTION HEADING 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 7 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 II. ON-GOING MAINTENANCE TASKS SECTION HEADING 1 Mowing - Operation 2 Mowing - Frequency 3 Mechanical Edging - Operation 4 Mechanical Edging - Frequency 5 Chemical Edging and Detailing - Operation 6 Chemical Edging and Detailing - Frequency 7 Weed Control and Removal - Operation 8 Weed Control and Removal - Frequency 9 Litter Control Operation 10 Litter Control - Frequency 11 Trash Containers - Operation 12 Trash Containers - Frequency 13 Trash Bin Removal - Operation 14 Trash Bin Removal - Frequency 15 Raking - Operation 16 Raking - Frequency 17 Pruning and Hedge Trimming - Operation 18 Pruning and Hedge Trimming - Frequency 19 Sweeping/Washing - Operation 20 Sweeping/Washing - Frequency 21 Algae and Aquatic Growth Control - Operation 22 Algae and Aquatic Growth Control - Frequency PAGE 10 10 10 it 11 11 11 12 12 12 12 13 13 13 13 13 13 15 15 15 15 16 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 SECTION HEADING PAGE 44 Interior Building Maintenance - 26 Basic operation 45 Park Kitchen Maintenance - 26 Operation and Frequency 46 Interior Building Maintenance - 27 Periodic Operations and Frequencies 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 29 Operation and Frequency 54 Raise American Flag over park sites -Operation and 29 Frequency 55 Diversion of Organic Materials from land fills - Operation and Frequency 29 III. SEASONAL SPECIALTY TASKS 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 REQUIREMENTS 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 steps 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 3.01 Maintenance Function Report Contractor shall maintain and keep current a daily report form that records all On -Going, Seasonal, and Additional Work, maintenance functions performed 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 Contractor shall complete the attached "Certification Report 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 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 all commercial and organic fertilizer(s) used. b. Quantity and label description of all grass seed used. C. Quantity and complete description of all 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 5. CONTRACTOR'S DAMAGES 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 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 16. "Pruning and Hedge Trimming - Operation" of the On -Going Maintenance 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. 6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 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 hereinafter. The 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 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 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. 9. HOURS AND DAYS OF MAINTENANCE 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, worker or 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. MAINTENANCE 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'S STAFF 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/IMPROVEMENTS 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 CHEMICALS 16.01 All work involving the use of chemicals shall be in compliance 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 fora 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 MAINTENANCE 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 lh 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. MECHANICAL EDGING - 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 bases, 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. MECHANICAL EDGING - 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. CHEMICAL EDGING AND DETAILING - 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 approved 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. CHEMICAL EDGING AND DETAILING - Frequency 6.01 Chemical edging and detailing operations shall be completed once every three (3) months . 7. WEED CONTROL AND REMOVAL - Operation 7.01 All grass -like type weeds, morning glory or vine -weed types, ragweed or other underground spreading weeds shall be kept under strict 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. WEED 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 CONTROL - 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. TRASB CONTAINERS - 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. 11.03 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. TRASH 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. TRASH BIN REMOVAL - 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. RAKING - 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 - Frequency 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 ne:., 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 I. 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 tr��s 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 AND HEDGE TRIMMING - 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. SWEEPING/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 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. 19.05 Supplemental hand sweeping of parking lot corners and other parking lot areas are required in those areas inaccessible to power equipment. 20. SWEEPING/WASHING - 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 patios 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 AQUATIC GROWTH 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. ALGAE AND AQUATIC GROWTH 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. 23. PICNIC AREAS AND PAVILIONS MAINTENANCE - 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. 24. PICNIC AREAS AND PAVILIONS MAINTENANCE - 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 25. PLAYGROUND EQUIPMENT - 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 EQUIPMENT - 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 MAINTENANCE - Daily Operation, Seven (7) days per Week. 27.01 All restrooms shall be cleaned thoroughly in accordance with the following 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. 27.05 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 it. 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 basins, 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. 28. RESTROOM XAINTENANCE - 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 hinges. 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. AERIFICATION - Operation 30. 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. AERIFICATION - Frequency 30.01 Aerify turf area three (3) times per year from April to November; once every twelve (12) weeks. 31. Fertilization - operation and Frequency 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(1) 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, December, January of each calendar year at a rate on one (1) pound of actual available nitrogen per 1,000 square feet. All turf areas fertilized shall be thoroughly soaked immediately following fertilization. 32. Turf 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 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. Proportion Name By weight Purity_ Germination Newport Blue Grass 21% 95% 90% Lolium Perenne 'Pennfine' Rye 26 1/3% 95% 85% Pennant Rye 26 1/3$ 95% 85% Derby Rye 26 1/3% 95% 85% 33. Weed Control - Turf - Operation and Frequency 33.01 Control turf weeds as needed. Hand removal of noxious weeds or grasses will be required as necessary. 34.. DISEASE/INORCT CONTROL - 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, groundcover 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 35. WATERING AND IRRIGATION SYSTEM MAINTENANCE 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 overwatering 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 status. C. Adjusting and cleaning of sprinkler 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 'h" 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 substitute& 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. IRRIGATION SYSTEM OPERABILITY AND TESTING - 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 weather 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. IRRIGATION SYSTEM OPERABILITY AND TESTING - 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. 37.04 Flush irrigation pipeline; once every four (4) months. 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. BALLFIELD MAINTENANCE AND 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, inspected fencing, bleachers and walkways shall be daily and the Director informed immediately thereafter, of any hazardous conditions thereat, or 38.01 Ballfigld of any supplemental needs therefor. Preparation The ballfield for each following progression is necessary to prepare a 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. g. As the field dries, check the condition at which it 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 couplers, valve box covers and sprinkler heads are 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 MAINTENANCE - 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 FOUNTAIN MAINTENANCE - 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 BUILDING MAINTENANCE - 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. 43.0.5 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 MAINTENANCE - Basic operation - 3 days per week. 44.01 Pick-up debris, trash, and remove cobwebs and other foreign materials from doors, walls, ceilings, partitions, vents, etc. 44.02 Dust counter tops and other horizontal surfaces. 44.03 Remove, empty, clean and disinfect all trash receptacles. 44.04 Stack chairs on tables and clear floor area. 44.05 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 Clean doors, door frames, light switch, kick and push plates and handles. 44.08 Clean and disinfect top and sides of drinking fountains and scrub and dry fixtures. 44.09 Sweep and dust mop floors taking care to clean corners and around obstacles. 44.10 Spot mop around entry ways and all stains and spills. 40.11 Replace chairs, tables and containers, etc. 44.12 Deodorize.Room. 44.13 Immediately notify Director of any irregularities or hazards. 44.14 All areas shall be left clean and free, streaks, stains, film, debris, water spots and odors. 44.15 Vacuum all carpeted areas. 45. PARR KITCHEN MAINTENANCE - 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 43. 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. EXTERIOR BUILDING MAINTENANCE - 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. 43.0.5 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 MAINTENANCE - Basic operation - 3 days per week. 44.01 Pick-up debris, trash, and remove cobwebs and other foreign materials from doors, walls, ceilings, partitions, vents, etc. 44.02 Dust counter tops and other horizontal surfaces. 44.03 Remove, empty, clean and disinfect all trash receptacles. 44.04 Stack chairs on tables and clear floor area. 44.05 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 Clean doors, door frames, light switch, kick and push plates and handles. 44.08 Clean and disinfect top and sides of drinking fountains and scrub and dry fixtures. 44.09 Sweep and dust mop floors taking care to clean corners and around obstacles. 44.10 Spot mop around entry ways and all stains and spills. 40.11 Replace chairs, tables and containers, etc. 44.12 Deodorize Room. 44.13 Immediately notify Director of any irregularities or hazards. 44.14 All areas shall be left clean and free, streaks, stains, film, debris, water spots and odors. 44.15 Vacuum all carpeted areas. 45. PARK KITCHEN MAINTENANCE - 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. INTERIOR BUILDING MAINTENANCE - 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. SLOPES - 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. WALKS AND TRAILS - Operation Contractor shall keep non-conorete 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. 50. 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. SWALES AND DRAINS - 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 52. SW ES AND DRAINS - 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. Application of wetting agent four (4) times per year. b. Aerification of turf an additional three (3) times per year. C. Application of mulch over turf (spread evenly over entire area to uniform depth of 1/4 inch) one (1) additional time per year. 54. Raise American Flag over park sites - operation and Frequency 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 Organic 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. SHRUB AND TREE CAREIPRUNING - 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 Restrict retain their natural form and proportionate size. growth of within planter beds shrubbery to area behind curbs and walkways and by trimming. Under shears be used as a no circumstances shall hedge 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 12" 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 2" 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 Pruning 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. CULTIVATING - 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. 58. RENOVATION/VERTICAL MOWING - Operation 58.01 injury to the Care shall be taken to avoid unnecessary or excessive turf grass. 58.02 and place in appropriate Sweep or rake the dislodged thatch from the turf areas trash bin(s). 58.03 shall be used. Standard renovating or vertical mowing type equipment 58.04 _Vertical Mowing -Turf healthy growth Vertical mow to remove thatch in turf areas, to encourage 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 overseeded 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 MATERIALS - 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 Ouality a. Plants shall be sound, healthy, vigorous, free frog 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. Shape 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 REQUIREMENTS The following requirements are specifically designed to provide for a complete maintenance program for the City of Diamond Bar Parks. 60. CITY -PROVIDED MATERIALS 60.01 for which the City: 61. LOCKS i KEYS City shall supply Contractor with the following materials Contractor will provide the labor at no additional cost to 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 locks initially provided to Contractor. City shall provide Contractor 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. Contractor 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 ($500.00) fine or both. SP -33 EXHIBIT "A" CITY OF DIAMOND BAR PARKS SP -34 Thomas Guide Pace and Grid 1. Peterson Park - 24142 East Sylvan Glen Drive 94 B-5 2. Heritage Park - 2900 Brea Canyon Road 97 D-5 3. Ronald Reagan Park - 2201 South Peaceful Hills Road 97 C-4 4. Maple Hill Park - 1309 South Maple Hill Road 97 E-3 5. Starshine Park - 20838 Starshine Road 97 C-4 6. Paul C. Grow Park - 23305 Qual Summit Drive 97A A-3 7. Summitridge Park - 1425 Summitridge Drive 97A B'-3 8. Sycamore Canyon Park - 22930 Golden Springs Drive 97 F-1 SP -34 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 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? 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: FBS Terre ce /-t- Belanger Frank M. Usher Bob Rose City Manager Assistant City Manager Community Services Director c:\WP60\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:\NP60\LINDAKAV\AGENDA-9\treeMAIN.BOB - - -� AV • ti.+ IT L- U t AMOND FW TSL NO: 714-U61-3117 2160 SA.ft C opL" no". SUM too MAMOM BARf� t1765-4177 900 -Mt -3117 July is# 1994 Thomas Olsen, president ACourate Landscape and Kaintenanoe Corporation 1910 N. Lime Drover Ch 93660 Res city Parke ltsiatessaoe mat►raot Dear mr. Olsens A224 Pet Der our recent telephone conversation, the City o! Diamond >yer is interesteQ in extea�dinq the city Parks maintemna• Contract with Accurate Undeaaps and Kaintenanoe Ca dation iron 1 1 through Mine 30, 199s. The Contract will reaain the semi aaount4 as the 1999/9; aontract, $102,900. lending approval or this Contract extension py DiWIWA Bas City council at its August 2, 1994 aeetinq, a purchase order in the amount not to exceed ;109,600 will be processed aril toryarded to YOU. Sincerely, Bob Aose, Dim: ootos CamS"ity services Dspartasnt MY eignSag below* the parties agree WayorCity Of Diamond oar a • Accurate the above teras. and !taint. Corp. Clwy MOW H Maya PM T" Cona y RUM COM R. Abad Gary ba Pl�ylllt E pMpn camember Caradln�abar X3=CLWYAM NJ 610 38VOSaNb7 3ivanoov 5� 60 6Z-LO-b66i C (2 3910d am mj) 2 39tld LIIE-198-686 lu 1,661 L1:8I 62/L8 M 1333H I CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: August 16, 1994 REPORT DATE: August 10, 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 believes that 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: _ 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 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? _ Yes No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED B Terrence L. Bel Mger Frank K. er Bo Rose City Manager Assistant City Manager Community Services Director e:\NP60\LINDAKAY\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:\NP60\LINDAKAY\AGENDA-9\treeMAIN.BOB CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: _entember 9. 1993 11.00 a.m. PROJECT NO.: Weed Abatement/Sidewalk and Parkway Maintenance BIDDERS NAME BID BOND BID AMOUNT 70 _ > 3. /a.2 J LZ y ii. / c� i • i r=MON , , oil CaH�jirp. oK �"a 737Z s4f 7gh(60 CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, SUITE 100 DIAMOND BAR, CA 91765 SINCIFZCATIONS FOR WIRD CONMOL/8IDEWALR AND PARRY XRI3I' ZIWCN Name of Bidder (Company) Landscave West, Inc. By Dan Jensen Vice President (Name) (Title) Bidder's Address 1705 S. Claudina Way City Anaheim Zip 92805 Telephone # (714)991-1705 Fax # (714)991-3796 Date September 8. 1993 Item Description/ unit X10 • unitAl per price Sonthl Annual -9&A&- 1. Tree Well Maintenance 1,436 each x 1.00 each x 12 mo. S 17232.00 2. Sidewalk Maintenance 38.1 miles x 20.00 per mile x 12 mo. S 9144.00 3. Undeveloped Parkway 16.9 miles p Y x 100.00 per mile x 12 ao'd8o no. S 20.08.0 4. Service Medians 10,440 1. f . * x •02 per 1. f. * x 12 mo. S 2505.6o S. Cul -de -Sacs 4 each *Linear Feet x 75.00 each x 12 mo. SS 3600.00 Total Annual Cost in Fiqures: 1. (0 0 S52,689.60 Total Annual Cost in fords: Fifty two thousand six hundred eighty nine dollars and 60/100 81431ATORD » TISW 3 The un —A declares that he has read the terms and condition tcwthe qoods and services listed herein and agrees to furnish to the City of 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 (Authorized S Fax # (714)991-3796 Dan J BS - 1 , Vice President (Title) BID ALTERNATE #1 SCHEDULE OF PRICES FOR WEED ABATEMENT/SIDEWALK AND PARKWAY MAINTENANCE IN THE CITY OF DIAMOND BAR BID ALTERNATE #1 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 Cost 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. 1 Jeu� 9-8-93 Signature of Contrscie Date Dan Jensen, 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. 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 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 TO ORM: By: Da Landscape West. Inc. 1705 S. Claudina Way Anaheim, CA 92805 By: Title Barry L. Konier, President Title CITY OF DIAMOND BAR./C3SLIIFORNIA Contractor's Business Phone: (714)991-1705 Emergency Phone at which Contractor May be reached at any time: 714991-1705 CITY OF DIAMOND BAR STATE OF CALIFORNIA SPECIFICATIONS FOR WEED ABATEMENT/SIDEWALK AND PARKWAY MAINTENANCE IN THE CITY OF DIAMOND BAR The City Clerk of the City of Diamond Bar, California will receive at her office in the City Hall, in said City, until 11:00 a.m. on Thursday, September 9, 1993, sealed proposals for the performance of the above described services. CITY OF DIAMOND BAR Gary Miller, Mayor Phyllis Papen, Mayor Pro Tem John Forbing, Councilmember Dexter Mc Bride, Councilmember Gary Werner, Councilmember Terry Belanger, City Manager Bob Rose, Director of Community Services TABLE OF CONTENTS NOTICE INVITING SEALED BIDS INFORMATIN FOR BIDDERS BIDDER'S PROPOSAL CONTRACTOR'S INDUSTRIAL SAFETY RECORD LIST OF SYMBOLS AND ABBREVIATIONS SUBCONTRACTOR'S LIST NONCOLLUSION AFFIDAVIT FAITHFUL PERFORMANCE BOND LABOR AND MATERIAL BOND BIDDER'S BOND AGREEMENT GENERAL PROVISIONS SPECIAL PROVISIONS BID SHEET 1-7 8-13 14 15 16 17 18 19 20 21 22-30 GP -1 - GP -7 SP -1 BS -1 SPECIFICATIONS FOR WEED ABATEMENT/SIDEWALK AND PARKWAY MAINTENANCE IN THE CITY OF DIAMOND BAR RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR WEED ABATEMENT/SIDEWALK AND PARKWAY MAINTENANCE 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 hereby approved as the specifications for weed abatement/sidewalk and parkway maintenance. 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 11:00 o'clock A.M. on the 9th day of September, 1993, sealed bids or proposals for weed control/sidewalk and parkway maintenance. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 East Copley Drive, Diamond Bar, California. 1 Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for Weed Abatement/Sidewalk and Parkway Maintenance." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion, thereof, if such laborer, workman, or mechanic is paid less than the general 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 2 accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in t::e prosecution of the work. Attention is directed to the provisions in Sections 17''7.5 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 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 An show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that.he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comp-/ with the requirements of Sections 11777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wa=e schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator o: 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 this contract and the Contractor and any subcontractor under him shall employ with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, 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 permitted to labor more than eiqhts (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder :rust 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 contrac_ 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 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. ,f the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 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 e contracted to be done by the Contractor, or any work or latcr cf any kind done thereon, and the Contractor will also be required tc furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. A C-27 license is required. The work is to be done in accordance with the profiles, plans, and specifications of the City of diamond Bar on file in the office of the City Clerk at the City hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of $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 Diamond Bar. PASSED, APPROVED AND ADOPTED this day of 1993. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of , 1993, by the following Roll Call vote: AYES: COUNCILMEMBERS - NOES: COUNCIL4EMBERS - ABSENT: COUNCILMEMBERS - ABSTAINED: COUNCILMEMBERS - 7 LYNDA BURGESS, City Clerk City of Diamond Bar INFORMATICN 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 atter 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 property 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 duty authorized to sign the bid on behalf of the bidder. a. 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 Ownsrs 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 affBcing in the margin immediately opposite the correction the surname or surnames of the person or persona signing the bid. S. DISCF EPAK%M IN PROPOSALS: In case of discrepancy between words and figures, the words shall prMt. M the amounts bid on individual items (If called for) do not in fad add to the total amount sfMwln by the bidder, the correctly added total of the individual items shall prevail over the total Ism 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 rejed any or all bids aro 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 wrtting. 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 prated 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 to full force and effect during the entire period of performance under this contract, in the amount of not lest Man $500,000 for one person injured in the accident and in the amount of not We than $1,000,000 for more than one person injured in one accident and in the amount of rM Nes than $500,000 with respell to any property damage aforesaid. The City shall be named a ooaneured regardless of faun. 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. i 12. ALTE WAS If alternate bids aro called for, the contract may be awarded at the election of the govern boeitd to -the lowest responsible bidder on the base bid, or on the base bid and any altemab of ooilaft bw of altemates. 13.COMPETENCY OF 810DERS: 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 worts covered by the proposal. Page 10 14. LISTING SUBCONTRACTORS: Each bidder shall sib -it a ?_st cf the proposed subcontractors on this project as required by t~= Subletting and Subcontracting Fair Practices Acm (Public Contract Code). Forms for this purpose are furnished with the contras: c!ocu-eats. 15. WORKERS COMPENSATION: In accordance with the provisions of Section 3700 of the Labor Code, the Contractor shall secure the payment of c--mpensation to his employees. The Contractor shad sign and file with the Owner the following certificate prior t� performing the work under this contract: "I am aware of t::e provisions of Section 3700 of the Labor Code which require ever- 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. HID DEPOSIT RETURN: Deposits of the three 1:*4est 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 102"19: 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. EKPLOYKZNT OF APPRENTICE : 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 ccCupations, regardless of any relationships alleged to exist. have full responsibility _:,r section, for all apprenticea-1e other contractual or employment 20. EVIDENCE OF RESPONSIBILITY Upon the request of the City, a bidder wrs- bid is under consideration for the award of the contract s ail submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for t:ze 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 5 workmen, or mechanics employed for each calendar day, laborers, or thereof, if such laborer, workman or mechanic employed is papidrtion 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. advised that upon payment of the aPurchasers are purchase price, the set of contract drawings and specifications tbeomethe the purchaser and are not to be returnedof Bar. to the City of pDiamond 23. AWARD OF Co CT: 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: T.te bidder may withdraw his bid a- a ti -e prior to the date and hour set for opening of bids presentation of a written request to the City's Engineer signec!'--v an authorized representative of the bidder or by the person t^e bid. 25. INVALID PROPOSALS: Proposals submitted by telegraph and those which are not logged in at the office of the City Clerk of the Cit; Of Diamond Ear, 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 If an individual, so state. If a fir- cr co-partners i-, state the firm name and give names of all individual co-partners composing the firm. If a corporation, state legal name c - corporation, also names of President, Secretary, Treasurer, a-� Manager thereof. Dated: 19 Contractor's License No. Contractor's License Expiration Date Business Address By: By: By: I declare under penalty of perjury of the laws of the State of California that this 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 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD This information must include all construction work undertaken in the aw oft State of California by the bidder and 20Y partnership, joint venture or corporation that as partici- pated in as a principal or owner for the last five calendar years anpd the cuurral oent calhe endar erior to the date of bid submittal. Separate information shall be submitted for each particular partner- ship, joint venture, corporation or individual bidder. The bidder may attach any additional infor- mation or explanation of data which he would like taken into consideration' fatalities. n evaluatingthe safety record. An explanation must be attached of the circumstances surrounding any and all _ 1 , wV ii• rt � 1939 1990 1991 1992 Toot Canat Yaw 1. Na o(COMM r 2. Tow doum aooaoar at a ,One V dr�ds ai 3. Na a[ 3tiYdao t. Na o[ lot I Ifthb! 5. No. Of lot WO* day pw�=Vm ftdaaaaWlar twaaiotio�o[ —ple) a� &' No of lot •O�/a TIO Whaad" wpiwd hr d� it 1. *0 a as M4GW d nor a dw� 3 is f. Coda 10, Oowpil"W W.ift sattay O0Mdood fyub ad Mame W QUA Na. t112. The above in& n melon WU coI*Wd &M the M=&that we available to me at this time and I declare underpumbty o{pWJny that tiae information is true and &curate within the limitation of these records, Name of Bidder (print) City Zip Code 15 Signature State Cootracton� linNo. Claaa &StIan Telephone rhe definitions of the symbols and abbreviations Ave, used in the Schedule ofPrices are a tallows: & Avenue AC Blvd. And Asphaltic Concrete LF Linear Feet Lump Sum CAB Boulevard M Mod. MH Modified C8 Crushed Aggregate Base I Manhole Conc, Catch Basin No. Number Concrete NACP Number Conn. Nonreinforced concrete Const. Connector or Connection Construct Pvmt. Pipe Pavement CSP CSP Cast Iron Pipe Perth Surf. Permanent Surfacing CY Corrugated Steel Pipe FIC: Portland Cement OneCubic 0 Yard RCS Reinforced Concrete Dia. Dia. 0-load of pipe RCP � Crete Box Diameter Double Reconn. F16nbrosd Clete pipe Reconnect EA Onveway Rei Resn.. Reconstruct ELC Each Resto n. to Reinkming or reinforced Electrolier Lighting Resurf. Restoration Excay. Conduit Resurfacing or Exist. ExcavationEx. Existing Rd. Road Fur. 8� PI. Feet Schell. SD Schedule Ga. Furnish and place Sec. Storm Drain Gr. Gauge Sp Section Gr. Ga#Mizgd SS Square Feet H Grate St Spedal HC High or height St. Sanitary Sewer House �r,*Won Station Improv. sewer StrSt' Street Improve Tras. Trans. structure is Inch" Ts Transition Lb. Jurcopr f dun Var. Transition Structure Pounds P Variable LD Local 0""881or ► w Wirtled Claypipe d ll 16 SUBCONTRACTORS LIST n compliance with the provisions of the Public Contract Code Section 4102. the undersigned bidder herewith sats 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 (1iZ 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 8. portion of the Work M the bidder fob to 4MNW a utbeerttaela IW any paten of Ilse wak, tM badder preen to pertortn the wak wMh hie own caws• (Akernayive aubeeM�w Ur fila tatfte werk iota proI IhI I by proviaiorta Of tM Calfkrf1 Govemtrtatt Cede.) Dated 17 Bidder Signature Signature State of California ) County of ) ss. deposes and says that he or she -is' being first duly sworn, of the pa I bid that the bid is not made in the interest mof for onebehal9oofy any undisclosed person, partnership, cam an organization, or co P y,association, e and not collusive or sham; thatthebidder has not directly e bid is nornindirectly 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, partnershi association, organization, bid depositoryP, company agent thereof to effectuate a collusive or,sh m bid any member or. Signature STATE OF CALIFORNIA ) COUNTY OF ) ss. ff Subscribed and sworn to before me this day of ly Notary Public in and for the County of , State of California. My Commission expires 19 18 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 Dollalawful money of the United States of America, for theay mentwhich sum, will and truly to be made, we bind ourselves join of and several firmly by these presents. jointly THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said Contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of itam granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the Contract is hereby waived by such Surety. In the event suit is brought upon this Bond by the obligee and judgement is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS 1NEREOF, we have hereunto set our hands and seals this day of PRINCIPAL BY: (SEAL) 19 SURETY BY: ( SEAL) LABOR AND KATERIAL 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 sub- contractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said. contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said IN WITNESS IMP, we have hereunto set our hands and seals this —day of 1993. PRINCIPAL BY: (SEAL) 20 SURETY BY: (SEAL) BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as Principal, and and firmly bound unto the City of Diamond Bar inathe usumytoare tenheld percent (10%) of the total amount of the bid of the Principal above named, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the Surety hereunder exceed the sum of $ 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 September 9, 1993, for Weed Abatement/Sidewalk and Parkway Maintenance. NOW, THEREFORE, If the aforesaid Principal is awarded the Contract, and within the time and manner required under the specifications' after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgement is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 1993 PRINCIPAL (SEAL) SIGNATURE AND TITLE SURETY (SEAL) SIGNATURE AND TITLE 21 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 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 stall 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 UVC:U0r:l4'1'� Ty Rz `.yt�o__�La�a„r 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. 22 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." 23 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." 24 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. 25 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. 26 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute. the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or account- able in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor, of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful mis- conduct of City, its employees, servants or independent contrac- tors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or -in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors or invitees pro- 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: 27 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:$ 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 28 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. 29 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: Date Contractor's Business Phone: By: Title Title CITY OF DIAMOND BAR, CALIFORNIA By: Mayor By: City Clerk Emergency Phone at which Contractor May be reached at any time: 30 GENERAL PRC7jS IONS GENERAL CONDIT:GNS 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 SP CIFICATIONS Section 2Ol of Work. Section 2-1 Award and Execution of Contract is amended by the following (a) Examination nn of Plans Specifications. sloecia1 Provisions and Site of Work. The bidder 1s 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 .3:: 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 Vriting and figures, and must be signed by the bidder, aM 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) Re;ecticn of Froocsals Ccr.tainina Alter? Irrecula-ities� Proposals �ma be re ectedoif *Erasures any alterations of form additions not tilled tey sfor, conditicnal or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. (a) Bidder's Guarant All proposals shall be presented �r.der sealed cover and shall be accompanied by cash, cashier's check or certified check payable to, c: A. bdder's bond in favor of the City of Diamond Bar in an amount of said proposal, and no proposal shall to 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. �" � `-'j+ -7 1 . E''lans and S e cat n the addition of the -117 nQ An addendum to these specifications may be issued by the Engineer at any time prior to the bid opening. 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 any variation from a straight grade can be detected. An such variation shall be reported to the City Engineer ani in the absence of such report, the Contactor 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 cr destruction by his own employees or by his subcontractor's employees, he shall be liable for t:^e 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 Cien*ga 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 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 it or Part VII, Division 2 of the Labor Code in accordance with the provisions of Section 1735 thereof. G•. P. 4 Subsection _7=).1 Contractor's Resncnsibility f 'cork '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 tires 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 gccd 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. No public street, or portion thereof, may be closed to through traffic as pert of this Contract. However, if, in the opinion of the Enginow, 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 t' -e public of any dangerous conditions to be encountered. The Caltrans IlManual of Traffic Controls" shall be used for all traffic contro; on this project. Payment for this work shall be included in items No. 1 (Irrigation System Installation). Subsection SHORING OF EXCAVATION Shoring of excavations is not generally required on this project, however, the City`s Engineer may determine that shoring is requiret in portions of the construction area, due to the type of tree-'- 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 Standarl 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-Califcrnia 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 engindr" . 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. G. P. 6 Subsection 9-3 is modified by addition of the fol1cwinct paracraohS: The Contractor agrees that the payment of the amount under the contract, and the adjustment and payment for any work done in acccrdance 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 xor{ performed under the contract or any alterations thereof. Pr;:gress Payments The Contractor shall be entitled each month tz a monthly progress payment in an amount equal to ninety percen- (9�-'%) 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 Cit• 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 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 WEED ABATEMENT/SIDEWALK AND PARKWAY MAINTENANCE - SPECIFICATIONS - I. Overview It is the policy of the City Council of the City of Diamond Bar to maintain clean sidewalk and parkway areas that are free of weeds and obstructions along the major arterial roadways. Sidewalks are to be swept clean, with overhead and adjacent tree branches and bushes removed at least once a month. Weeds and other forms of unwanted vegetation growth shall be removed each month with no weeds in excess of six (6) inches in height allowed to exist. Treewell covers shall be at grade with existing sidewalk, with all weeds and suckers removed. Missing tree stakes shall be replaced and parkway trees kept in a straight vertical position. The City also maintains undeveloped and asphalt service medians, several cul-de-sacs and undeveloped parkways. II. Scone of Work 1. Treewells - Maintain 1,436 treewells monthly per the following: a. Remove weeds and suckers. b. Re -align treewell covers to eliminate differences in grade between treewell cover and adjacent sidewalk. C. Replace missing and damaged tree stakes to*insure straight, vertical growth of immature trees (Materials and specifications shall be provided by City). d. Replace missing or damaged treewell covers with treewell covers provided by the City. 2. Sidewalks - Maintain 38.1 miles of sidewalks monthly per the following: a. Sweep sidewalk areas to remove litter and debris. b. Remove overhead obstructions to a height of at least seven (7) feet. C. Cut back growth adjacent to sidewalk that obstructs the sidewalk. d. Remove all weeds growing from cracks and expansion joints. 3. Undeveloped Parkways - Maintain 16.9 miles of undeveloped parkway monthly per the following: a. Remove -weeds, litter and debris b. Remove overhead obstructions to a height of at least seven (7) feet. C. Cut back all unwanted vegetation in public right- of-way. Note: Contractor shall apply a pre-emergent/soil sterilant (i.e. Oust) annually (January/February) to undeveloped parkways to limit the amount of unwanted vegetation growth during the warm weather months. 4. Service Medians - Maintain 10,440 linear feet (l.f.) of service medians (asphalt and undeveloped) monthly per the following: a. Remove weeds, litter and debris. b. Remove overhead obstructions to a height of at least seven (7) feet. SP -1 Note: Contractor shall apply a pre-emergent/soil sterilant (i.e. Oust) annually (January/February) to undeveloped service medians to limit the amount of unwanted vegetation growth during the warm weather months. 5. Cul -de -Sacs - Maintain 4 Cul-de-sacs monthly per the following: a. Sweep sidewalk areas to remove litter and debris. b. Remove overhead obstructions to a height of at least seven (7) feet. C. Cut back growth adjacent to sidewalk that obstructs the sidewalk. d. Remove all weeds growing from cracks and expansion joints. e. Cut back all unwanted vegetation in public right- of-way. Note: Contractor shall apply a pre-emergent/soil sterilant (i.e. Oust) annually (January/February) to undeveloped areas in public right of way of cul-de-sac to limit unwanted vegetation growth during warm weather months. 6. Use of Contact Chemicals - To insure that weeds do not grow beyond six (6) inches high in the service area, Contractor may apply a contact chemical (i.e. Roundup) to unwanted vegetation prior to its reaching six (6) inches in height. sprayed vegetation must be removed within 30 days of being sprayed. At no time shall unwanted vegetation over six (6) inches in height be allowed to exist in the public right-of-way. 7. 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 and 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 least one-half (1/2) 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. 8. Use of Chemicals a. All work involving the use of chemicals shall be in compliance with all Federal, State, and local laws and will be accomplished by or under the SP -2 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. b. A listing of proposed chemicals to be used including commercial name, application rates and type of usage shall be submitted to the Director of Community Services (Director) for approval at the commencement of the contract. No work shall begin until written approval of use is obtained from the Director. C. 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. d. Records of all operations, starting dates, times, methods of application, chemical formulations, applicator's names and weather conditions shall be made and retained in an active file for a minimum of three (3) years. e. 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. f. All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California shall be adhered to. g. 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. II. Administrative Requirements 1. The service area shall be maintained with a crisp, clean appearance and all work shall be performed in a professional, workmanlike manner using quality equipment and materials. 2. 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. 3. 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) reachable 24 hours a day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of any complaint within (1) hour of receipt of such complaint bye answering service. During normal SP -3 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. 4. 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 complaints shall be open to the inspection of the Director at all reasonable times. 5. 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 (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. 6. 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 agrees additionally to accept 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 Contractors employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. 7. Pe. 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 (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. 8. The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications SP -4 set forth herein. Contractor's employees shall include at least one individual who speaks the English language proficiently. 9. 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 therefore from the Director and such person shall not be employed on any City property maintained by the Contractor. 10. 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. 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. 12. Contractor shall not post signs or advertising matter upon the premises or improvements thereon, unless prior approval therefor is obtained from the Director. 13. 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. SP -5 IV. Service Area 1. Service Area is located on the following streets per the attached maps: Armitos Beaverhead Brea Canyon Cut Off Brea Canyon Road Carpio Castle Rock Chino Avenue Chino Hills Parkway Cold Springs Cromarty Dr. Diamond Bar Boulevard Fallowfield Golden Prados Golden Springs/Colima Gold Rush Grand High Crest Dr. Lemon Pasado Drive Pathfinder Prospectors Radbury Place Steep Canyon Road Sunset Crossing Temple Tin Drive Torito Lane Villa Sorella Washington SP -6 Service Area Maps - Following twenty six (26) pages. SP -7 I • r I &Af4 tW ARGA (' G,j � W • to, o, Or f j SM Mon ANGELES COUNTY OEPAATMENT OF PUBLIC WORKS ' RQAO �C'I CgD-b OAANN .• tNitRt� .• IIttOWtNOe� a .►Mtrt� rM� MIMNp DATE 38 of 65 11. 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C-10 6,4vr- 4W AV 4w ................ ............................................ .. ......... Sri 4p Iii (*Y - n UV, /I tic, o 62 r -'r - tOS ANGnU.COUIM DEFAMER OF PUKIC WORK! At AAM DT �sAV Ate OAT@ 00 J In� S 6rJ Pl Ier 6 ✓µ� t'/S (0 ot. M S� V AT Z � • ti n . LOS ANGELES COUNTY OEpARTyM Of ►URIC WORKS ; rat 9700SD4 Ms.. st •«ssys of., �Mommwsss s•IL •� u• Mata •�� ff�MO�RO OR�wrw� IOAy .. r t. �• eN Elf ., . �A. ,Y 3f MSEIF: counm OFF"NEMT of TO 97#D2i3 DRAW14 •. tMst«to s! wttesaMN• •!93, 1639 .•`. 1►►.M!i�+.,,,�; OATS00 oATa Ali Y �i tTAworigei�aw�Mo iMi: �•, :r .. , r • `•• • • , . . . .COCOS V F Sir ss vt < <ew $R1 cK ��-- :: ,sss N^ _ w CJT vJEQ" 00 A-, C• l0: ANGELES COUNTY OEPAUNENT Of FUOLIC WOAK= 4t 97 02 DRAW" RT tMeease ee Rte esa e• M .,, c Wo �e Y• �[r.• X11 �f�M04 eAA�I"� CORM•" "• . r : pwblaw _ CITY Me+r49 ctmu COUNW OEPAR MENT OF PUBUC WORKS ra 970 DQ of Ns KEN `. Off •ATE. Qe Me fake" HI `'JJll�l F !R 4,oN 111---- ` 4 11/ 1 • CITY OF DIAMOND DAn 1 0 p' 4f Ni ,. �t�TTT7yjy�RyNM} l% �i a \ 1•. `'JJll�l F !R 4,oN 111---- ` 4 11/ 1 • CITY OF DIAMOND DAn 1 0 21660 E. COPLEY DRIVE, S rFE 100 DIAMOND BAR, CA S,1765 SPECIFICATIONS FOR WEED CONTROL/SIDEWALK AND PARKWAY MAINTENANCE Name of Bidder (Company) By (Name) Bidder's Address City Telephone # Date ax # (Title) ip Item Description/ unit Price No. Units (Once Per Month) 1. Tree Well Maintenance 1,436 each x each 2. Sidewalk Maintenance 38.1 miles x per mile 3. Undeveloped Parkway 16.9 miles x Der mile 4. Service Medians 10,440 l.f.* x Der l.f.* 5. Cul -de -Sacs *Linear Feet Total Annual Cost in Figures: Total Annual Cost in Words:_ SIGNATURE AND TITLE: 4 each x each Annual Cos x 12 mo.S X 12 mo.S x 12 mo.$ X 12 mo.$ X 12 mo.$ The undersigned declares that he has read the terms and conditions for the goods and 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 # (Authorized Signature) (Title) BS - 1 BID ALTERNATE #1 SCHEDULE OF PRICES FOR WEED ABATEMENT/SIDEWALK AND PARKWAY MAINTENANCE IN THE CITY OF DIAMOND BAR BID ALTERNATE #1 Item No. Description/ Unite 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) 55 miles x per mile x 12 months S Annual Cost 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. Signature of Contras Date BID ALTERNATE - BS -2 nTMV AV nTIMAMM MID 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 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: _ 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 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? 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 RE EW B Te rence L. Benger Frank Usher City Manager 0 Assistant City Manager c:\uP60\LINDAKAY\AGENDA-9\treeMAIN.BOB _ Yes X No Yes X No Yes X No departments: Bob Rose Community Services Director 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:\YP60\LINDAKAY\AGENDA-9\treeMAIN.BOB �.- - jUL-26-194 TMJ 14:32 1D:CITY �F 01FV11hV tf* ItL. NU:'914-tb1-J41'r Z14W &4ff COKV DRiV b 1UM 100 DM AOM M&CA90041" 90400 -NO .IIAX N/ -Ml -31 t 7 July 39, 1994 Dan sen#en, Vic#-Pr"idem LwW soape Mast, Inc. 1705 S. CLOWIVa NOY Anshais, CA 9Z••'3 acs ( roe Rs: Rees 001Mtr01/814e1walk sa4 P•WXM]r xaisteaasse Coatsaat Dear Mr. Jansen: Per our recent taiapbme conversation, the City of Diamond Bar is interested in extending the Meed Control/sidevslk and Parkvay Maintenenee ContYaot With IcAnftaape West Inc. !roll 0OWber Y, 1994 through sebtember 30, 1995. The contract will remain the same asouut as *.be 1903/94 contract, 054,742. Pendi� •pprays» of this contract extension byy Dissmmd Bar City come, at its hUgwt 3, 1994 meeting, a pur= order- in the asomA not to exceed $548743 will be process" mad forwarded to YOU. sincerely, Bob Rose, Director Co =Mlty Bervices Department sy signing below, the parties agree to the abwe terse. i)z�- Mayor e•es n "` ate City of D"Umd bar Landscape Nest Xno. M"W E0 3VVd Cwr W. Romany FAA R. Athan CMTCae�aa w � SLPVM M" PM TOM COWAN AM%W ■ CVCMrAM 153M 3dVOSCW-1 96LE166PTL 60:01 0661/86/L0 r /r 7nYJ A9■O■t■J\ r OouJ 1t■r_fnn-C&C ■Y LGG■ CITY OF DIAMnUn RAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: August 16, 1994 REPORT DATE: August 10, 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) X Bid Specifications (On File In City Clerk's Office) Ordinances(s) X Other: Letter of Agreement X Agreement(s) Bid Results Interim Letter of Agreement 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 REVI c:\NP60\LINDAKAY\AGENDA-9\treeNAIN.BOB X Yes No _ Yes X No Yes X No _ Yes X No departments: go - -Rose Community Services Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 16, 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. This item was carried over from the August 2, 1994 Council Meeting. Contract graffiti removal has continued in Diamond Bar through the use of an interim agreement which was authorized by the Acting City Manager in an amount not to exceed $10,000. PREPARED BY: Bob Rose Community Services Director 08/09/1994 08:01 818-7642516 GRAFFITI CONTROL SYS PAGE 01 Aura -o5-194 FRI 10;53 ID:CITY OF DIMMD BAR TEL N0'.714-861-311 NET, M 23W MST COKZY DRM • lUrrB 100 DiAMM I►AX CA 91746.4177 90"0 3W • EAX "V6N1•i 117 _ . August 61 1994 Barry woods, !resident Grafliti Control systems 7260 ktoll street North Hollywood, CA 91603 syssaas � Asa!=its R�swi asm�ee! Cear Mr. goo": At its city aouncll meeting on august Z, 1994, the city of Diamond Dar city council was presents* with the extension of the Graffiti Removal Contract for the 7.!94193 Discal Year. Unfortunately, due to Baited meeting time, the City Council woo unable to act on the contract extension. Because graffiti romovai work will continue in Diamond Dar prior to the next rmmlarly scheduled City Council asoUng, the City would like to enter mato an interim contract, which Will clover the period of July 1 through August 31, 1914. It is understvda that Grattiti control systems will continua to remove grarfiti in Diamond Bar per the original agreement dated 5/19113. The interis contract amount ror July 1 tnrough August 31, 1094, will be for a total amount not to excedd $10,000. Kindly acknowledge acceptance or this interim contract by signing and roturninv a copy at this letter for our film. utter receipt of thin signed latter, the City of Diamond Bar will then issue a purchase order to confirm this interim contract. iinverely, auk ><. weber Acting City Manager Acceptance j2y Graffiti Control systems syt Date any H. %mar huyor 15 4)., C4dr W. Hanany ZIM FL Aasni Guy 0. Mow PhyWo E. FVm mayor Fa Tom Ca WHIMMA r Deuad>membw Co0d1Maeber AX;VC=FAM C TTY 0 F n 2AMONn SAW AGENDA REPORT AGENDA NO. 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) X 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? _ 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: REV WE B Te rence L. Be nger Frank M/Us- HoblRose 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. —ipGWcp 71 Vial. 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 07/27/1994 16.05 818-7642516 GRAFFITI CONTROL SYS PAGE 01 111ty lb: k73 I L' I 1 i .r ur VIM"11 11 HHV TEL Pi —.` l 0'14 861-31ii G�1" F�7� 21660 BAST COPLUY DRM • $Uma 100 DW%MD BAIL, G 91704177 10l.MD.9M 9 PAX M0M1.111y July 26, 1096 Barry woods, !resident Graffiti Control systems 131-15 inti fty !!treat North Hollywood, CA 131405 Mae drat9iti XGUMMI comtrase Dear 11r . woods $ For out recant telephone conversation, the city of Diamond Bar is interested in extending the graffiti removal contract with Graffiti Control Systems from July 1, 1994 through June so, 1995. The contract Will retain the unit price contained in your proposal dated March s, 1993, which is $30.00 per site. Based on the number or removal !requests completed by Graffiti Control systems during the 1993/94 contract term, it is estimated that there will be 666 removal sits& during 1994/95. Calculated at ;30.00 per site, the City of Diamond par estimates the value of the 1994/93 contract to be $20,00o. tending approval, Of this contract amount by Diamond Bar City Council at its Auqust 2, 1996 meeting, a purchase order in the amount not to OXesed $20#000 will be processed and forwarded to you. sincerely, Bob ]lose, Director Cammlulity setvlces Department By signing below, the parties agree to the above terms. �a Lkd( A*k- -7 1 ni 9 Naor e a • ci y of Diamond bar yr fit control systems Gary H. vwamu CWr w Hamony 8ilM R. Anand Gary 0. Mwer Phyllis E. Patpm Maroc Mayor P10 Ttm Cowcgowbw Covncilmtnba Camcumembar RAGYMMrarM 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, 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. 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 zpproval. 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 177:.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. MM IN WITNESS WHEREOF, be duly executed with all dates set forth opposite State of California Contractor's License No. Date APPROVED AS TO FORM City Attonil4iy Date the parties hereto have caused these presents to the formalities required by law on the respective their signatures. By: — T'le T -A --U Title CITY OF DIAMOND BAR, C 1FORNIA A By: Mayer By: City Clerk Contractor's Business Phone (800) 794-7384 or (818) 982-8480 Emergency Phone at which Contractor can be reached at any time l 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) GRjA;Pr-\ V\ BY (Name) (T e) Bidder's Address City (�j�{ �Ol.t WC�O� Cdr zip Telephone # �` �g4-�3�4 Fax # L�h�V(zA-Ts\(Z. Date 1 XW A 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 p 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 Z . Monthly Retainer $ 2 x 12 months rz (If applicable - If not applicable, write in the word NONE) ZI. Small Sites $ 2c°-" 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 $ ZJC�0-� per site x 50 sites/year average = $ 1 (151 sq. ft. or over at site - 9% of sites are over ,SZjpc`= 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 \�j\�� SAT �Co�( 5�'Q`t� < iJQiZ rC0`11�1J�Y glhdS By/Title ( ut orizeq NIgnature) Fax # 26 1 CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: March 18, 1993 - 11:00 a.m. PROJECT NO.: Graffiti Removal BID PACKAGE THE REMOVAL OF GRAFFITI IN THE 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., J100 Diamond Bar, California 91765 (909) 396-5694 NOTICE INVITING BIDS 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. E BID CAUTION NOTICE 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, February 25 1993 at 11:00 a.m. 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 BAR 21660 E. Copley Dr., ,100 Diamond Bar, California 91765 BID INSTRUCTIONS AND CONDITIONS 1. ENVELOPE 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 SUBMISSION: 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 INTERPRETATION: 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 be, 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 PERFORMANC 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 DEDUCTED One Day 10% Two Days 25% Three Days 50% Four Days 75% Five Days or More 100% 7. TO RECEIVE SPECIFICATIONS; 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. S. COST OF MAILING - : Upon written request by the bidder, copies of the specifiations will be mailed when said request is accompanied by payment of $5.00 to cover the cost of mailing charges and overhead. 9. PROPOSAL -GUARANTEE: Each proposal shall be accompanied by cash or by a cashiers or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be 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 bidders 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. 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. il. 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. 12. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the City, will be held for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 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 EOUAL": 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. OUANTITIES: 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 desirable or expedient. The Contractor will be allowed no claims for anticipated profits, loss of profits or for any damages of any sort because of any difference between the estimated and actual quantities of work done or for work decreased or eliminated by the City of Diamond Bar. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 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 0 an authorized representative of the bidder or by the person filing the bid. 17. 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. 18. 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. 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 PRICES AND AGREEMENT OF FIGURESs If a unit price bid item total amount arrived at by multiplying the unit price times the quantity does not agree with the total amount entered for the item or if the total amount is not entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in a unit price bid item the total amount is entered for the item but not the unit price, the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid on individual items (if called for) do not add up to the total amount shown, the correctly added total of the individual items shall prevail over the total amount. 21. ADDENDA 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. 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 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. pJ8CgZpANC1zs 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. P 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 FORMS: 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. FAX LAMER: 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 SUCH A NUMBER MAY RESULT IDT 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. PERFORMANCE: 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. 9 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 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. 10 FAITI FUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE as successful bidder and hereinafter referred to as "Contractor", and 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 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 SURETY BY: BY: (SEAL) (SEAL) 11 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as principal, and as and firmly bound unto the Cit of Diamond Bar in the sum to ten percent ( held of the total amount of the bid of the principal, to be paid to the said 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 CONTINUED 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 AmeDOLLARS ($ rica, 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 completion of the work under the City's specification entitled said City to give this bond in connection with the awarding and is required b 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 WHEREOF, we have hereunto set our hands and seals this day of 1993. PRINCIPAL BY: (SEAL) SURETY BY: (SEAL) 14 I. II. REMOVAL OF GRAFFM IN DIAMOND BAR - SPECIFICATIONS - •l 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. Following 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 I of Sites Total Average Sq. Year With Graffiti Sa. Footaae /Site 1989/90 1990/91 130 323 10,462 80 19929'3 530 24,870 43,197 77 82 19 Totals $4�``� 1,792 131,758 74 Most Recent Quarter COMRleted # of Sites Total Average Sq. Month With Graffiti Sa . Footage bbcytxaa/Site October 1992 109 10,582 97 November 1992 164 12,267 75 December 1992 ?�$4 Totals 553 17._280 §� 40,129 73 22 IV. V. VI. VII. TRENDS 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. ARDITIONATo INFOILxs'r'tnu 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 - it 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 MITES PER YEAR &YMGZ 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 each 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. Y. XI. will be determined by comparing the Total Bid amount from each bidder. CITY COONCIT. 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. Nuin'ber of locations completed that month 4. Average response time 5. Average job size 6. Type of each location; ie. 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. tc 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. 151 sq. ft.) or over at site - 9% of sites are over - 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 Fax # (Authorized Signature) (Title) 26 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: August 16, 1994 REPORT DATE: July 29, 1994 FROM: George A. Wentz, Interim City Engineer (continued from 8/2/94) 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 and recommended to the Council that a parking prohibition be established 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. Representatives of both Windwood Condominiums and AM/PM market as well as concerned residents 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) EXTERNAL DISTRIBUTION: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) Other: SUBMITTAL CHECKLIST: I. Has the resolution, ordinance or agreement been reviewed by the City reviewed by the City Attorney? Yes X No 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? 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 REVI WED BY: Ter e ce L. lang er Frank U r George A. Wentz City ManagerV Assistant City Manager 'Interim City Engineer eiTV COUNaTL AflreAs AGENDA NO. 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 staff's 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 Tseday Aberra C`TTV dr+ }STtMDND PAn AGENDA REPORT AGENDA NO. cp 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) EXTERNAL DISTRIBUTION: Public Hearing Notification Bid Specification (on file in City Clerk's Office) Other: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City reviewed by the City Attorney? _ Yes X No 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? 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 RE IEWED BY' i rrence L. Belan&Jg F ank Us rge A. Wentz City Manager Assistant City Manager Interim City Engineer 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.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 A. RECITALS. (i) The Traffic and Transportation Commission considered this matter at a public meeting on July 14, 1994. 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: City Clerk City of Diamond Bar aiPPIV ar 1&.11K AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: August 16, 1994 REPORT DATE: August 8, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: The 1994-95 Slurry Seal Improvement Program - Area Five SUMMARY: On July 5, 1994, the City Council authorized staff to advertise for bids for the 1994-95 Slurry Seal Improvement Program - Area Five. At this time, the City proposes to award a contract to the lowest responsible bidder. RECOMMENDATION: That the City Council award a contract to California Pavement Maintenance Company, Inc. in the amount not -to -exceed $156,933.68, and provide a contingency of $12,000.00 for the project. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinances(s) _ Other: X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 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: City Manager Assistant City Manager C:1wp60\LINDAKAYXAGENDA-9\SLURRY 5.808 George A. W Interim City I CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 16, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: The 1994-95 Slurry Seal Improvement Program - Area Five ISSUE STATEMENT: The City proposed to award a contract for the 1994-95 Slurry Seal Improvement Program - Area Five to California Pavement Maintenance Company, Inc., the lowest responsible and most qualified bidder. RECOMMENDATION: That the City Council award a contract to California Pavement Maintenance Company, Inc. for the 1994-95 Slurry Seal Improvement Program - Area Five, in an amount not -to -exceed $156,933.68, and provide a contingency of $12,000.00 for the project. FINANCIAL SUMMARY: This project will be funded by the City's Gas Tax Funds. BACKGROUND: On July 5, 1994, the City Council authorized staff to advertise and receive bids for the 1994-95 Slurry Seal Improvement Program - Area Five. In response to the advertisements, a total of eleven (11) contractors obtained plans and specifications for the project. DISCUSSION: Formal bids were received and opened on July 26, 1994 from four (4) contractors. The bids are as follows: Company Amount 1. California Pavement Maintenance Co., Inc. $156,933.68 2. American Asphalt, Inc. $159,273.60 3. Roy Allen Slurry Seal, Inc. $160,394.80 4. Pavement Coatings Co. $169,772.89 1 1994-95 Slurry Seal Program August 16, 1994 Page Two The bid of $156,933.68 submitted by California Pavement Maintenance Co., Inc. has been determined by staff to be the lowest responsible bid. The engineer's estimate for the construction portion of this project was $176,000.00. It is anticipated that the construction will begin on August 29, 1994 and be completed by the end of October, 1994. Prepared By: David G. Liu C:\wp60\LINDAKAY\CCR-94\sluffy5.808 N 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 Mayor and the City Attorney, by and between California Pavement Maintenance Company Inc hereinafter referred to as the"CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the City's request for proposals, bids were received, opened and declared; and WHEREAS, City did accept the bid of Contractor California Pavement Maintenance Company Inc and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment and material for the 1994-95 Slurry Seal Improvement Program - Area Five in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the 1994-95 Slurry Seal Improvement Program - Area Five 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 Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by 1 City after the 10 calendar days, and to complete his portion of the work within eighty (80) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of two -hundred fifty ($250.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accord- ance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers, compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) 2 $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 3 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 twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. 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 4 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 0 constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or account- able in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the Contractor, of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful mis- conduct of City, its employees, servants or independent contrac- tors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors or invitees pro- 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. 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 22, 1994. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 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 7 f� aid !or asxviosis res►daY@d mssa+ination� C�l��1CActi4r shall only be D �a •!lsokSva data ct 4nd *91P0555 naeasaArily luausYsd yrl,or tv ttzvinst 0964 these V WIT148so W};AA]Col�, tiL hrties hAxsty have CAU964 by p v4 dates est teYtA opposir• their e gnakyCaa' resents to be dulY ♦mscuC+d with all the tosmallb�ss ifs law an the r.av6atx S stats of cilifernia 0pngYa4t�r' a Licer+ea No. nye Tole CITY or DIAMOND BAR, chuTORNIA .SX= r ads • u ag�td Canrxactdr'a $uainsaa plsQna _._ a...i4=•.4------- Tfiszgdn�Y ghoni at Which tlaa• contractor can ba xaaChdd at &AY AppAOVtD AS TO iQRD�1 CITY ti♦yy,0\t lnd•krr�n���1�Ulur�Ys.►0L � ,� C RECEIVED 98/11 11:38 1991f A'f 909-861-3117 PAGE L (PRINTED PAGE L) a MONTGOMERY LAW OFFICE TEL:1-818-452-8323 Aug 11 94 44 1994 AT 91x9.861.3117 PACE t (PI)ATBD PA6i Z1 TUE 1 1's�& ..0 pa M,. GO aA 11:42 No.003 P.02 _ �i ;�'terminatiori� ,nyd rhosexviCesua oinsraaxiien4ua aielPeatitvrrrdyrxendare data at and expdr►ees n t4vainstlan. udid these have w%orl+rae wulmloP, the parties h•xato eeluivad by %)I dui oxeouted with all the 4irtalittheGo Ignetiuree. reeents td be y.,a dates ret forth opp aw an the resv•4� st•is or ciairoxnia ��as14 Can%tA0Qv, a License No. — 4 V e hyt i C10:y of 0TWOND HAA. CA�.S>i4R3+ixA .Sys Yo aY= C CL8 aC$ � •• Cartz'aoter� a auairiaeR Ph ria >vinexgua�Y 7h01%*'9t Whish time ' contractor can ba xeached at &AY ` APPROVED As TO Tom, ' ef�rvaaltlnd•M�Y�rar��'l41t1arryS.lCt+ � Ll CITY OF 0 DIAMOND BAR SLURRY SEAL PROJECT - AREA 5 TOTAL LENGTH: 14.0 MILES PRIME CONTRACTOR LICENSE REQUIRED: A OR C12 OR C32 PROJECT SITEya 60 E WALNUT k row Nolp, ORANGE CO. �o A HOLT NPOMONA N D. so DIAMOND I SAN BERNARDINO BAR I COUNTY VICINITY MAP NOT TO SCALE CHINO HILLS 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. 374514 California Pavement Maintenance Co Inc. 4891 Ronson Court Ste..J San Diego CA 92111 Date By: TLE CITY OF DIAMOND BAR, CALIFORNIA By: MAYOR By: Date CITY CLERK Contractor's Business Phone (619) 268-9884 Emergency Phone at which Contractor can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date c:\wp60\lindakay\agree-94\slurry5.808 8 CITY OF DIAMOND DAR AGENDA REPORT AGENDA NO. ., .-,' TO: Terrence L. Belanger, City Manager MEETING DATE: August 16, 1994 REPORT DATE: August 12, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Crossing Guard Services for School Year 1994-95 SUMMARY: The City of Diamond Bar has requested proposals to provide crossing guard services from three (3) qualified companies for school year 1994-95. They are All City Management Services, Inc., Perimeter One Security, and International Services, Inc. Their hourly billing rates are $9.25, $9.33, and $9.45, respectively. The contract will provide crossing guard services at ten (10) intersections listed in the attached report. RECOMMENDATION: 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 billing rate of $9.25) for the 1994-95 school year. LIST OF ATTACHMENTS: X Staff Report Public Hearing _ Notification Resolution(s) Bid Specification (on file _ _ in City Clerk's Office) Ordinances(s) X Other: 1. RFP 2 All City Management's Proposal 3. Professional Services Agreement EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City reviewed by the City Attorney? X Yes _ No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No which Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: N/A REVIEWED BY: Terrence L. Bel er City Manager Assistant City Manager Interim ciLy Engineer CITY COUNCXL REPORT AGENDA NO. MEETING DATE: August 16, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Crossing Guard Services for School Year 1994-1995 ISSUE STATEMENT: Award a crossing guard services contract to All City Management Services, Inc. for school year 1994-95. RECOMMENDATION: 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 billing rate of $9.25) for the 1994-95 school year. FINANCIAL SUMMARY: The proposed recommendation will cost the City approximately $65,000 which will be funded by the Crossing Guard Services account during the 1994-95 fiscal year. BACKGROUND/DISCUSSION: Adult crossing guards are responsible for assisting elementary school pedestrians cross public streets safely and appropriately during school. The presence of crossing guards is intended to minimize potential accidents which involve elementary school pedestrians. Properly trained in their procedures, rules, regulations and safety measures, crossing guards become responsible for the safe crossing passage of children from one street to another. For school year 1994-95, there will be ten (10) street intersections which will be served by crossing guards. They are as follows: 1. Golden Springs Drive @ Sunset Crossing Road 2. Ballena Drive @ Meadow Falls Drive 3. Harmony Hill Drive @ Evergreen Springs Drive 4. Blenbury Drive @ Maple Hill Road 5. Pathfinder Road @ Evergreen Springs Drive 6. Quail summit Drive @ Winterwood Lane 7. Brea Canyon Road @ Cold Springs Lane 8. Cold Springs Lane @ Castle Rock Road 9. Golden Springs Drive @ Lemon Avenue 10. Diamond Bar Boulevard @ Golden Springs Drive Each intersection will be monitored by a supervisor on a daily basis. On a monthly basis, staff will meet with the supervisor and a status report is required to be submitted to the City. With this type of supervision and communication, complaints and concerns from schools, parent, or residences which are related to crossing guard services have been managed. Page Two Crossing Guard Services: School Year 1994-95 August 16, 1994 The City requested proposals to provide professional crossing guard services from a list of consultants which are qualified of providing said service. The Department of Public Works received proposals from All City Management Services, Inc., Perimeter One Security, and International Services, Inc. The proposals were opened on July 25, 1994. The hourly billing rates were $9.25, $9.33, and $9.45, respectively. For comparison purposes, based on 16 hours per week (for 10 months at 10 intersections), the estimated monthly and annual costs are as follows: Cost/Month Cost/10-Month 1. All City Management Services, Inc. $5,920.00 $59,200.00 (@ $9.25/hour) 2. Perimeter One Security $5,971.00 $59,710.00 (@ $9.33/hour) 3. International Services, Inc. $6,048.00 $60,480.00 (@ $9.45/hour) Staff contacted the six clients All City Management Services, Inc. listed as reference. The clients are the City of Cudahy, Los Angeles County, and the police departments of the cities of Anaheim, Fullerton, Glendale, and Huntington Park. The above clients are satisfied with the crossing guard services All City Management Services, Inc. provides. All City Management Services, Inc., at an hourly billing rate of $9.25, will provide crossing guard services at the ten (10) intersections listed above during school year 1994-95. This rate also includes all wages (crossing guards and supervisors), administrative cost associated with said service, supervision, recruitment and training of crossing guards, equipment, uniforms, and generation of monthly reports and meetings with City staff. All City Management Services Inc. will provide substitute crossing guards when the regularly scheduled guards are absent from duty. This service also includes summer sessions at Diamond Point and Golden Springs Elementary Schools. The proposal submitted by All City Management Services, Inc. has been determined by staff to be the lowest responsible proposal. Staff recommends to the City Council that All City Management Services, Inc. be awarded a contract to provide crossing guard services for the 1994-95 school year at an hourly billing rate of $9.25. PREPARED BY: David G. Liu Tseday Aberra 21660 EAST COPLEY DRIVE • SSE 100 DIAMOND BAR, CA 91765-4177 909-860-2489 • FAX 909-861-3117 July 15, 1994 REQUEST FOR PROPOSALS (RFP) TO PROVIDE PROFESSIONAL CROSSING GUARD SERVICES IN THE CITY OF DIAMOND BAR Interested Firms: The City of Diamond Bar is inviting qualified firms to submit their qualifications and express their interest to provide processional crossing guard services for the Fiscal Year 94-95 school year. The firm's services will be employed to augment the City's professional capabilities and to provide high quality, timely expertise when needed. The scope of work includes, but not limited to, the monitoring, supervising and assuring the safety of school children pedestrians who utilize street intersections and crosswalks to and from school. The City of Diamond Bar seeks a firm that requires orientation and training of all crossing guards and supervisors of all levels. Depending on each school's schedule, the firm is expected to assure and enforce safety and proper street crossing of school children. On a monthly basis, the City of Diamond Bar seeks supervisors to meet with school representatives for evaluation and coir -rents and City staff to assess and discuss existing problems that may have occurred. A monthly report, to be approved by the City, is to be submitted at the end of each month . The qualificaticn must list the names and length of experience of supervisors, crossing guards and other employees who will be associated with the service. Further, the background informCity requires a ation of the firm, length of experience, reference and hourly billing rates for individuals assigned to this project. To be eligible for consideration, interested firms must submit three (3) copies of their qualifications to the City no later than 10:00 A.M. on July 25 1994 addressed to: CITY OF DIAMOND BAR DEPARTMENT OF PUBLIC WORKS 21660 EAST COPLEY DRIVE, SUITE 190 DI7UMOND BAR, CA 91765 ATTN: Tseday Aberra, Administrative Assistant- Gary ssistant Gary H. R'erner Clair W. Hal-morry MayorEileen R. Ansari Mayor Pro Tem Gary G. Miller Phyllis E. Papen Councilmcmbcr Councilmemtxr Councilmcmber RECYCLED PAPER Page Two RFP: Crossing Guard services July 15, 1994 If selected, the firm or its subcontractor shall not commence work until it has obtained a General Liability and Worker's Compensation Insurance of at least One Million Dollars ($1,000,000.00) as required by the City of Diamond Bar. The City has identified and is considering the following street intersections for crossing guard service: 1. Golden Springs Drive @ Sunset Crossing Road 2. Ballena Drive @ Meadow Falls Drive 3. Harmony Hill Drive @ Evergreen Springs Drive 4. Blenbury Drive @ Maple Hill Road 5. Pathfinder Road @ Evergreen Springs Drive 6. Quail Summit Drive @ Winterwood Lane 7. Cold Springs Lane @ Brea Canyon Road 8. Castle Rock Road @ Cold Springs Lane 9. Golden Springs Drive @ Lemon Avenue 10. Diamond Bar Boulevard & Golden Springs Drive It should be noted that street intersections that are to receive crossing guard services, however, will be at the sole discretion of the City. In addition, the City retains the right to negotiate to continue a contract for up to two (2) subsequent years to provide said services. The City reserves the right to reject any proposal and may elect to make a decision without further discussion or negotiation. This solicitation for qualifications is not to be construed as a contract of any kind. The City is not liable for any costs or expenses incurred in the preparation of the RFP. The right to issue supplementary information or guidelines relating to this RFP is also reserved by the City of Diamond Bar. If there are any questions regarding this request for qualification, please contact Ms. Aberra at (909) 396-5671. sincerely, / eorge A. Wentz, P.E. Interin City Engineer GAW:DOL: ta cc: David G. Liu, Senior Engineer E ALL CITY MANAGEMENT SERVICES, INC. PROPOSAL FOR SERVICES TO CITY OF DIAMOND BAR ALL CITY MANAGEMENT SERVICES, INC. July 18, 1994 Ms. Tseday Aberra Administrative Assistant City of Diamond Bar Department of Public Works 21660 East Copley Dr. Suite 190 Diamond Bar, CA 91765 Dear Ms. Aberra: As per the request for proposal we received from the City, we can offter the City of Diamond Bar a service rate of $9.25 per hour, per guard. This rate includes all wages, supervision, equipment and administrative cost. The proposed rate would include servicing the following intersections: 1. Golden Springs Drive and Sunset Crossing Road 2. Ballena Drive and Meadow Falls Drive 3: Harmony Hill Drive and Evergreen Springs Drive 4. Blenbury Drive and Maple Hill Road S. Pathfinder Road and Evergreen Springs Drive 6. Quail Summit Drive and Winterwood Lane 7. Cold Springs Lane and Brea Canyon Road S. Castle Rock Road and Cold Springs 9. Golden Springs Drive and Lemon Avenue 10. Diamond Bar Boulevard and Golden Springs Drive All City Management Services, Inc. is a full service contractor. We assume full responsility for the aforementioned functions including payroll, recruitment, and training, as well as follow-up with all schools to ensure proper scheduling and customer satisfaction. All City Management Services maintains a liability insurance policy of $5,000,000. We maintain substitute guards, a 24 hours message line, an 800 line, and a pager system to ensure maximum response time and immediate back-up for any crossing guard absent from duty for any reason. I have enclosed some additional information for your review and consideration. Please, feel free to contact me if you should have any questions or would like more information. Sincerely, Baron Farwell, Operations Manager BFlg Enclosures 5839 Green Valley Circle, Suite 102 Culver City, CA 90230 310/348-9990 Fax 310/348-1167 4 A ALL CITY MANAGEMENT SERVICES, INC. COMPANY PROFILE All City Management Services Inc. (ACM), is a multifaceted California Corporation. ACM was founded in 1985 by Ronald Farwell who had over 20 years of law and traffic enforcement experience before his retirement from the Los Angeles Police Department. Recognizing the competing and diverse demands placed on many Law Enforcement Agencies, Ron's goal was to create a company to professionally service these needs. ACM's focus has been to manage public programs with special emphasis on traffic related issues. We currently provide Crossing Guard Service, Parking Enforcement, and Traffic Control for a variety of Public Agencies throughout the Southern California area. The largest component of ACM is our Crossing Guard operations. We currently employ over 400 Crossing Guards. ACM has developed industry standards for training, supervision and safety of crossing guards. We have provided crossing guard training and consultation to many Public Agencies. Most of all, we have successfully privatized the Crossing Guard Programs of many cities throughout California. We contribute our success to our continued goals of providing the highest level of professional service while maintaining an efficient and responsive organization. Our client list includes municipalities and agencies in Ventura, Los Angeles, Orange, Riverside and San Bernardino Counties. 4 A ALL CITY MANAGEMENT SERVICES, INC. RECRUITMENT AND SELECTION In approaching this program, ALL CITY MANAGEMENT SERVICES, INC.'s first choice of personnel would be to hire all existing crossing guards and alternates that wish to continue employment with ACM. If additional personnel are needed, ACM would concentrate its efforts of recruiting in the area where the guard is likely to work. In the management of other programs we found that it was more advantageous if individuals with a good knowledge of the community participate in the program. Community values and mores are preserved and a more homogeneous relationship between the guard, school, parents and children is likely to develop. This is a crucial program and would function more effectively with personnel recruited from within the community. Sources for recruitment would include but not be limited to the PTA and other parent groups, senior citizen groups, retired teachers, retired postal workers and finally, newspaper advertisement. All applicants will complete applications and interviews. The interview would focus on assessing the individual's communicative abilities, employment history, ability to relate to others and work with children. Those passing this phase will then have a personal reference check by ACM. All applicants must: A) Be available during the entire school day B) Possess a high school education or its equivalent C) Be able to read, write and speak English D) Possess a properly insured vehicle E) Possess a valid California drivers license F) Pass a medical exam G) Possess a telephone Successful completion of all phases qualifies an applicant for employment. The selection is then made. Those passing but not selected immediately are placed on an availability roster for alternate work and subsequently a permanent intersection. ALL CITY MANAGEMENT SERVICES, INC. is an equal opportunity employer and will hire senior citizens, women, veterans, and all qualified individuals regardless of their ethnic background or religious affiliation. -1- E ALL CITY MANAGEMENT SERVICES, INC. ORIENTATION AND TRAINING After the contract is awarded and as soon as practicable, a training meeting of all personnel will be held. This meeting will include the distribution and completion of all pre- employment forms: applications, W-4 forms, 1-9 form, medical history questionnaires, etc., and the distribution and review of the policy manual of ACM and finally a training session on the proper procedures to use when crossing children. ACM has compiled an information and instruction booklet to use as a guide in training crossing guards. After the training and orientation session, employees will be tested on the material discussed during the training meeting. All personnel will be hired, assigned and inspected prior to the beginning of the contract. Sufficient alternate rosters will be maintained to guarantee that all locations are covered when required. This roster is also available to use in appointing guards to newly opened sites; thereby, insuring immediate response to requests for service. SUPERVISION Supervisors will be hired, tested, trained and chosen before work on this contract begins; therefore, resumes are not yet available for the supervisory staff. The supervisory selection process will involve first determining whether any current crossing guards would be qualified and interested in a supervisory position. It has been our experience, that many experienced and competent crossing guards look forward to promotional possibilities. Their experience and familiarity with the job has proven to be an asset to the company and to the client governmental entity. The possibility of being able to promote creates excitement, job interest, attention to detail, and high morale. In addition to crossing guard promotion, recruitment would also be from associations and organizations representing retired teachers or other individuals with strong supervisory experience and excellent communication skills, written and oral. -2- E ALL CITY MANAGEMENT SERVICES, INC. Applicants for supervisory positions will be interviewed and selected by a panel of interviewers who themselves are familiar with crossing guard and supervisory duties and responsiblities. The interview process will contain same or similar questions for each candidate and will be documented for future review. Once individuals have been selected to work as field supervisors, they will be trained in much the same fashion as the crossing guards; however, they will also be instructed in time keeping, report writing, and supervisory techniques. The supervisor will visit each site under his/her supervision on a regular basis and each participating school at least once a month. It has been our experience that in order to have a successful and effective program, on-going and open lines of communication must exist between guard, supervisor, school, officials, parents and the client governmental entity. The field supervisor will be responsible for the recruitment and training of personnel, coordinating safety assemblies, responding to any problems or complaints and reporting back to ALL CITY MANAGEMENT SERVICES, INC. ALL CITY MANAGEMENT SERVICES, INC. will use a coordinator to supervise and control the activities of the field supervisors. -3- ID ALL CITY MANAGEMENT SERVICES, INC. Resume: Ronald Farwell ,General Manager EDUCATION: MASTER OF PUBLIC ADAM%TRATION, 1978 CALIFORNIA STATE UNIVERSITY, LOS ANGELES BACHELOR OF SCIENCE, PUBLIC ADMIN15TRATION 1974 UNIVERSITY OF, SOUTHERN CALIFORNIA, LOS ANGELES PROFESSIONAL EXPERIENCE: ALL CITY MANAGEMENT SERVICES, INC., Los Angeles CA. 1985 -Present Founder ,General Manager- Utilized extensive background in business, law enforcement, traffic control and traffic enforcement to procure contracts with public agencies. Formulated and administered training programs for all staff and supervisory personnel. Currently overseeing all field operations and managing 19 supervisory personnel. Developed business to current level of approximately 500 employees with annual revenues in excess of $2.5 million . COLEMAN SECURPI'Y SERVICES, INC., Los Angeles CA 1980-1985 Co -Founder, Vice -President- Director of all security and traffic operations. Oversaw the hiring, training and supervision of all personnel. Performed security and traffic assessments for public and private clients. Planned and monitored contract compliance to ensure customer satisfaction for both public and private entities. Expanded operations of start-up business and increased employees to over 300 while increasing annual revenue to over $3.7 million. LOS ANGELES POLICE DEPARTMENT, 1962-1982 Sergeant of Police, Detective Supervisor -Supervised staff of 20 detectives. Responsible for their activities in all aspects of law enforcement including surveillance, intelligence, tactical planning and covert operations. Traffic related supervisory, duties included organizing motorcades and travel routes,providing personal security for government officials and dignitaries. ADDITIONAL INFORMATION: TOWJMLPolice Science and Administration, L.A.P.D. Academy SubstibAe Teacher -University of Southern California Guest Lectim+ r -California State University, Los Angeles Member American Management Association Los Angeles Chamber of Commerce M.E.N.T.O.R. Network Los Angeles County Peace Officers Association EBONICS(African-American support group for U.S.C. students) SCAPA PRAETOR(Public Administration support group-U.S.C.) ALL CITY MANAGEMENT SERVICES, INC. Resume: Baron Farwell, OperationsManager EDUCATION: GRADUATE SCHOOL OF MANAGEMENT UNIVERSITY OF CALIFORNIA, LOS ANGELES Finance/Accounting 1980-1982 UNIVERSITY OF CALIFORNIA, BERKELEY Berkeley, CA 1978 B.A. Degree, Political Science PROFESSIONAL EXPERIENCE: CAPITAL MANAGEMENT SERVICES, Los Angeles CA 1988-1993 Principal -Managed and trained Account Executives in all relevant areas of CD and Money Market management. Hired and trained all staff for operational and administrative support functions. Worked with institutional investors and municipalities on Money Market investments. ASSET MANAGEMENT' INC., Tustin, CA 1986-1988• Partner -Oversaw the hiring and training of all sales and support staff. Negotiated with Banks for terms and interest rates of institutional deposits. Secured collateralized deposits with banks for municipalities and corporate investors. Assisted municipalities with state investment compliance. AMERICAN MONEY MARKET VESTMENTS, Irvine CA 1984-1986 Banker -Developed and maintained client relationships with institutional investors and banks. Sold mortgage-backed securities and repurchase agreements to banks. Negotiated terms, rates and collateralization with banks for institutional investors and municipalities. COLEMAN SECURM SERVICE INC., Sacramento CA 1982-1984 Branch Ma_nAaer-Responsible for business development of a newly established office. Oversaw the hiring, training and supervision of all employees. Procured contracts with major commercial and industrial firms and public agencies. Monitored operational compliance with Federal, State and Local contract requirements. PRICE-WATERHOUSE INC., Century City CA 1981 Tax/ Audit Accountant Internship- involved in tax research, Assisted in the preparation of tax provisions, estate and individual returns. Audited interim financial records of corporations including accounts receivable, accounts payable, cash dispersments and payroll. ADDPIIONAL INFORMATION: Minority Achievement Award, U.C. Berkeley 1978 N.A.S.]?. Series 63 License Member: American Management Association 4 A ALL CITY MANAGEMENT SERVICES, INC. REFERENCE SHEET CROSSING GUARD CLIENTS Anaheim Police Department 425 Harbor Blvd. Anaheim, CA 92805 Mary Wentworth - (714) 254-1862 Contract Administrator City of Cudahy 5220 Santa Ana Cudahy, CA 90255 Nick Mull - (213) 773-5143 Director of Building and Public Services Fullerton Police Department 237 Commonwealth Ave. Fullerton, CA 92632 Lieutenant Ken Kepner - (714) 738-6816 Glendale Police Department 140.N. Isabel St. Glendale, CA 91206 Margie Morris - (818) 548-3143 Project Manager Huntington Park Police Department 6542 Miles Ave. Huntington Park, CA 90255 Lieutenant Paul Catani - (213) 582-6161 ext.289 Los Angeles County 9300 E. Imperial Hwy. Downey, CA 90242 Randy Eichert - (310) 805-8538 Traffic System Specialist 1987 - Present 33 schools 1987 - Present 2 schools 1989 - Present 21 schools 1990 - Present 13 schools 1986 - Present 2 schools 1991 - Present 143 schools PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of 1994, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "CITY") and ALL CITY MANAGEMENT SERVICES, INC. (hereinafter referred to as "CONTRACTOR"). A. Recitals. (i) CITY has heretofore issued its written Request for Proposal pertaining to the performance of professional services with respect to CROSSING GUARD SERVICES ("Project" hereafter) and by this reference made a part hereof. (ii) CONTRACTOR has now submitted its proposal for the performance of such services, a full, true and correct copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof. (iii) CITY desires to retain CONTRACTOR to perform professional services necessary to perform the required services for one year. (iv) CONTRACTOR represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR as follows: B. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: 1 (a) Project: The performance of crossing guard services described in Exhibit "A" hereto including, but not limited to, the monitoring, supervising, and assuring the safety of school children pedestrians who utilize street intersections and crosswalks to and from school as required by the CITY with respect to the assigned project. (b) Services: Such crossing guard services as are necessary to be performed by CONTRACTOR in order to complete the assigned project. 2. CONTRACTOR agrees as follows: (a) CONTRACTOR shall forthwith undertake and perform contract in accordance with Exhibit "A" hereto and all in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, and professional standards, all to the reasonable satisfaction of CITY. (b) CONTRACTOR shall supply copies of all surveys, reports, and documents (hereinafter collectively referred to as "documents") including all supplemental documents, as described in Exhibit "A" to CITY within the time specified by the City. Copies of the documents shall be in such numbers as are required by Exhibit "A". CITY may thereafter review and forward to CONTRACTOR comments regarding said documents and CONTRACTOR 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 the CITY. The time limits set forth pursuant to this Section B2. (b) may be extended upon written 2 approval of CITY. (c) CONTRACTOR shall, at CONTRACTOR's sole cost and expense, secure and hire such other persons as may, in the opinion of CONTRACTOR, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONTRACTOR, CONTRACTOR hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONTRACTOR further agrees that no subcontractor shall be retained by CONTRACTOR except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONTRACTOR a maximum sum of $65,000.00 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 CONTRACTOR. Payment to CONTRACTOR, by CITY, shall be made in accordance with the schedule set forth below. (b) 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 CONTRACTOR"s proposal either with respect to hourly rates. (c) CONTRACTOR agrees that, in no event, shall CITY be required to pay to CONTRACTOR any sum in excess of 90% of the maximum payable hereunder prior to receipt by CITY of all final 3 documents, together with all supplemental 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 CONTRACTOR's proposal as set forth in Exhibit "A" hereof, shall be paid on a time -and -materials reimbursement basis in accordance with the fee schedule set forth in said Exhibit "A". 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 to provide to CONTRACTOR: (a) Information and assistance as set forth in Exhibit "A" hereto. (b) Such information as is generally available from CITY files applicable to the Project. (c) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONTRACTOR's responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, photographs and reports prepared by CONTRACTOR pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by 4 CONTRACTOR, such documents and other identified materials shall be delivered to CITY by CONTRACTOR. CONTRACTOR may, however, make and retain such copies of said documents and materials as CONTRACTOR may desire. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONTRACTOR at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONTRACTOR shall be compensated at CONTRACTOR's applicable hourly rates as set forth in Exhibit "A", on a pro -rata basis with respect to the percentage of the Project completed as of the date of termination. In no event, however, shall CONTRACTOR receive more than the maximum specified in paragraph 3(a), above. CONTRACTOR shall provide to CITY any and all documents, data, studies, surveys, maps, and reports, whether in draft or final form, prepared by CONTRACTOR as of the date of termination. CONTRACTOR 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: David G. Liu, Senior Engineer City of Diamond Bar 21660 E. Copley Dr., Ste. 190 Diamond Bar, CA 91765 Baron Farwell, Operations Manager 5 All City Management Services, Inc. 5839 Green Valley Circle, Suite 102 Culver City, CA 90230 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: CONTRACTOR 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 CONTRACTOR allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONTRACTOR shall take out and maintain at all time during the term of this Agreement the following policies of insurance: (a) . Workers' Compensation Insurance: Before beginning work, CONTRACTOR 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. CONTRACTOR prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of Labor Code which require every employer to be insured against 6 liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement". (b) Public Liability and Property Damage: Throughout the term of this Agreement, at CONTRACTOR's sole cost and expense, CONTRACTOR shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONTRACTOR, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONTRACTOR's activities, providing protection of at least One Million Dollars ($1,000,000.00) for property damage, bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) aggregate. (c) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insured 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 7 materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONTRACTOR shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONTRACTOR may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONTRACTOR 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 CONTRACTOR of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of CONTRACTOR 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 CONTRACTOR without the prior written consent of CITY. 11. Damages: In the event that CONTRACTOR fails to submit to CITY the completed project, together with all documents and supplemental material required hereunder, in public hearing form to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent of the parties hereto, CONTRACTOR shall pay to CITY, as liquidated damages and not as a penalty, the sum of one hundred dollars ($100.00) per day for each day CONTRACTOR is in default, which sum represents a reasonable endeavor by the parties hereto to estimate a fair 8 compensation for the foreseeable losses that might result from such a default in performance by CONTRACTOR, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by CITY or by acts of God, acts of the public enemy, fire, floods, epidemics, or quarantine restrictions. 12. Independent Contractor: The parties hereto agree that CONTRACTOR and its employers, officers, agents, and subcontractors are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 13. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. 15. Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, 9 third party mediation service and the City Council's decision shall be final. The parties agree to utilise their good faith efforts to resolve any ouch 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 thsreby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 16. Enlirs Aalsffient; 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 Agrsement shall be effective only if it is in writing signed by all parties. IN wITNsss WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: f►LL o a 0XIV=CIN t INC. Title AYFROVSD M To Fowl: CATTY of WAu0ND BAR C ty orney ayox ATTEST: C y Clerk 10 (o, /3 INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR DATE: August 16, 1994 TO: Honorable Mayor and Members of Council FROM: Frank M. Usher, Assistant City Manager 4 SUBJECT: Resolution of Intention Regarding Denial of efense Relating to Certain Lawsuits Alleging Libel or Slander The City Council has requested preparation of a resolution for consideration and adoption which declares the City Council's intention to deny a defense at public expense to City Council Members if the cause of action relates to an allegation of libel or slander through the publication of a communication for general circulation which has not been sponsored or authorized by the City of Diamond Bar. The accompanying resolution makes this declaration. nbw attachment RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING ITS INTENTION TO DENY A DEFENSE TO CITY COUNCIL MEMBERS RELATING TO CERTAIN LAWSUITS ALLEGING LIBEL OR SLANDER AND DECLARING SAME TO BE OUTSIDE THE SCOPE OF DUTY WHEREAS, Part 7 of Division 3.6 of the California Government Code, commencing at Section 995, sets forth certain requirements for the provision of a defense to City Council Members who are acting within the scope of the duties of their office, and WHEREAS, the City Council of the City of Diamond Bar wishes to clearly identify and define certain actions which are not to be considered as being within the scope of duties of office, and not to be defended at public expense, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Diamond Bar declares its intention that the City shall not provide a defense at public expense to any City Council Member if the cause of action relates to an allegation of libel or slander through the publication of a communication of general circulation which has not been sponsored and authorized by the City of Diamond Bar, and which shall not be considered an activity within the scope of duties of that City Council member. PASSED, ADOPTED and APPROVED by the City Council of Diamond Bar, California, this day of , 1994. Mayor CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: August 16, 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. Continued from the August 2, 1994, City Council meeting. 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: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification _ Ordinances(s) Agreement(s) X Other Request for Qualifications Professional Services Agreement SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X 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? NIA _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REV EWED BY: Terri nce elanger Frank KV Us r Troy L. Ntz1aff City ManaVje Assistant City Manager Assistant -to the City Manager 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 $2.3,110.00 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 ity anager JUL-29-94 FRI 12;57 - -.-J-11L-0-'94 PRI 11c5B 1D:CITY OF DIAh1W BAR TEL FO:714-061-3114 y� P.02 RMS is. &== A944010=1 Ibis AQreemeat supersedes any. sad all Otbex &CIr"amtso either oral or in writing, between the parties with respect to the subject matter heroin. Each party to this Agreement acknowledges that no representation by any party which is not embodied herain nor any other agreem=t, statement, or Promise not C=t&fined in this Agreement aha11 be valid and binditka, Any modification of this Agreement shall be effective only if it is iri writflq siqued by all parties. IN NITNZSS "EMSOPP the Parties hereto have executed this Agreement as of the day and year first act forth above; Approved As To Marra: C ty At racy city o8 DIAMOND SRR yor , ATTZST: C ty esk -Ha LF iCl TEL -1-310-908-1854 Ju1'29 94 12:34 No.005 P.13 LL -29-'94 FP1 1?:59 Ib.CITY OF DIAMUND HHK 1kL ivU:'r14—tibl—�isr uGwe rye, 15. 8i&lm#=1 'This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter heroin. Each party to this Agreement acknowledges that no representation by any party which IN 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 WHEREOr, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT Approved As To Porm: CITY OF DIAMOND BAR <27�tvy4kktt�orn ATTEST: ayar City Clark 0 EXHIBIT "A" Professional Services Agreement 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 ENVIRONMENTAL MANAGEMENT SERVICES RELATED TO THE DEVELOPMENT, IMPLEMENTATION, MONITORING, AND ADMINISTRATION OF AN INTEGRATED 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: Name of Company Address By: Signature Name (Typed) Title July 7, 1994 SUBJECT: Interested Firms: 21660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR, CA 917654177 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. Wemer Clair W. Harmony Eileen R. Ansari Gary G. Miller Phyllis E. Papen Mayor Mayor Pro Tem Councilmember Councilmember Councilmember RECYCLED PAPER 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 2 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. 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. �••KO •� _i UN In order to achieve consistency in the review process, each K3 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 �@jACtjOil Of Q �sdifiai COflQultant 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. QuA-_ stiM& 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 rely, .,�//f f V Terrence L. Belange City Manager TLB:tb:nbw Attachment 5 EXHIBIT "B" 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 18,1994 submitted by: CHARLES ABBOTT ASSOCIATES, INC. C04A!CHARLES 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. i Ge ge A. We z Senior Vice President MANAGEMENT AND ENGINEERING PROFESSIONALS 371 Van Ness Way • Suite 200 • Torrance, CA 90501 • 1310) 212-5778 - FAX (310) 212-0993 Office, in Apple Valley, Chino Hills, Diamond Bar, Hidden Hills, Laguna Niguel, Moorpark, Palos Verdes Estates, Rancho Palos Verde S A Verde- anta , na, Twentvntne Palms, Yucca Valley and Yucaipa printed on recycled paper CITY OF DIAMOND BAR 21660 EAST COPLEY DRIVE, SUITE 100 DIAMOND BAR, CALIFORNIA 91765 REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTTAL MANAGEMENT SERVICES RELATED TO THE DEVELOPMENT, IMPLEMENTATION, MONITORING, AND ADMINISTRATION OF AN INTEGRATED 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 S>>ite 200 Address Torrance A 90501 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 Diamond Bar Proposal 2 July 18,1994 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 Diamond Bar Proposal 3 July 18,1994 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. Diamond Bar Proposal 4 July 18, 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 18,1994 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 management. 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 currently conducting most of the direct activities in recycling includitnultl family sector recycling for the City of Diamond Bar under CAA's ung contract Me. Robinson will continue to be responsible for severalalbsdarto-day activities that will need to be completed. Resumes are included at the end of our proposal. 5. PROVIDE A DETAILED PROJECT BUDGET CAA's cost of services will cost not -to -exceed $1.9,900 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 cost, Budgetary Table Proj. Man. Proj. Egr Proj. Spec. Total Dollars His Hrs Hrs Prindpat-St, V.P. $145.00/hr Task 1= 6 Prood minlim $90.00/hr 10 $ 1.,020.00 Task 2 = 8 855.00 26 $ 1,968.00 Task 3 = 8 327 26 $ 1,968.00 Task 4 = 10 Materials and Supplies 20 $ 1,860,00 Task 5 = 6 4 32 $ 2,456.00 Task 6 = 6 8 $ 924.00 Task 7 - 24 5 100 $ 7,435.00 Task 8 = 6 8 $ 924.00 Task 9 = 6 8 $ 924.00 Task10- -0- The following budget is proposed by staff member. CAA will charge it's services on an hourly basis not to -exceed the total project cost, Budgetary Table Direct Costs Posittaft Eak HM TQ1 Prindpat-St, V.P. $145.00/hr N/C $ -0- Prood minlim $90.00/hr 80 7,200.00 Project Engineer $95.00/hr 9 855.00 Project Specialist $48.00/hr 238 M424,00 Subtotal 327 $19,479.00 Ot}wMired Costs (includes 15% administrative fee if applicable) Mileage, 0$0.32/mi, estimated 800 miles 256.00 Materials and Supplies estimated 165.00 Subtotal- $421.00 Total Coats Not to exceed figure] $19,900.00 n*awd 9w 7 J* 2k 19% 6 PROVIDE AN EXPLANATION OF THE APPROACH AND METHODOLOGY 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 Bar 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 legislation 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." Diamond Bar Proposal 10 July 18, 1994 Task 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. 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 management 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 CIWMB and other regulatory staff 1 information of importance to the City. and frequent communications with obtain up to minute and relevant Diamond Bar Proposal 11 July 18, 1994 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 Bar Proposal 12 July 18, 1994 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 CHARLES ABBOTT ASSOCIATES. IN Principal/Project 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. President. 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 Hiahway Department. 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. DEVI NO V41 NA Lei Wal 0 D1 IN wir"I 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 Parking Authority. Assisted in evaluating practices, revenue collection procedures and insufficient parking related problems. Prepared detailed report to Authority. • Denver Regional Council of Governments (DRCOG). Developed methods for equitably distributing funds to communities. Developed new 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. Regional 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. :A a I RKIewli 01;111;_451 1 Highway 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 Transportation Officials, 1979. J. 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 eighteen 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 experience in source reduction, recycling, and composting. The World Bank, the US Environmental Protection Agency, the Chemical Manufacturers' Association, and numerous private and public sector clients have benefited from his advice. In addition to authoring or co-authoring over 600 technical reports throughout his career, W. Huls was instrumental in the founding of the National Recycling Coalition, the California Resource Recovery Association, and the Houston RecyclingCouncil. As an environmental educator. he has lectured at Duke University, California State Universities, 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 minnmiration seminar for the Country of the Bahamas. 1992 - Present CHARLES ABBOTT ASSOCIATES, INC. Fnvimnmentai Meng¢er_ Mr. Huls provides CAA with key expertise and experience in all facets of precycling and recycling. His background includes years of experience working in industry and public service, His skills include program design, development and implementation, specialized research, waste characterization, market development, and regulatory compliance. 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 recycling options and development of recommendations for the City of Covina, development of a bid package for curbside collection, again for the City of Covina, and specification and funding of the 1992-93 AB 939 program for the City of Palos Verdes Estates. In a grant writing capacity, he prepared four major grant applications for clients including: the Compton -Samoan Church; the cities of Bell, Huntington Park, 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 prime mover in a major recycling conference held in Long Beach at the Queen Mary during July that was attended by over 1100 recyciers. Manager. I -ns Angeles Opera_ tions_ Managed the Los Angeles operations of the international consulting firm Resource Integration Systems, Ltd., basedin Toronto, Ontario, Canada. Under his management, the office earned over $1 trillion in contracts during fiscal year 1991, employing over twenty people in Los Angeles and the Regional Headquarters in Portland, Oregon. He was responsible for business development and maintenance, client relations, and technical direction for RIS' activities in the Southern California arra. He regularly interfaced with State, regional, and local governmental agencies. and the private sector including recycling markets, haulers, and vendors. His projects included the following: • City of Bell. Directed, managed, and investigated the feasibility of 1000 ton -per - day materials recovery facility (MRF) for the City during 1991-92. Mr. Huls conducted specialized study into the technical and economic feasibility, including design issues, suing issues, environmental impact, cost estimation, waste flow and markets, institutional arrangements and ownership options, and planning- Southeast lanning. Sour east Arra TntegrUcd Solid Waste Management Working Grouts. During 1990-92, Deputy Project Manager by contract for the consultant team composed of EMCON Southwest, Clements Engineers, and RIS. Led team on development of AB 939 plans for twenty-two cities and the County in the area composing southeastern Los Angeles County. Directly responsible for development of recycling, composting, source reduction, and educational components. Conducted public hearings and regular Group meetings. Eastern San Clhri 1 Vailev Cities Joint Powers Authg ty_(IPA) During 1990-92, Deputy Project Manager by contract for the consultant team composed of EMCON Southwest and RIS. Directed development of AB 939 plans for sixteen cities and the County in the East San Gabriel Valley in Los Angeles County. Directly responsible for development of recycling, composting, source reduction and educational components. Conducted public hearings and regular JPA meetings. South Bay Cities Joint Powers Authority, During 1990-92, Deputy Project Manager by connect for the consultant team composed of EMCON Southwest and RIS. Directed development of AB 939 plans for six cities and the County in the South Bay area of Itis Angeles County. Directly responsible for development of recycling, composting, source reduction and educational components. Conducted public hearings and regular JPA meetings. Peninsula Cities Solid Waste Management QS= (PCSWMGI. During 1990-92, directed and managed the consultant team composed of RIS and Clements Engineers for the four cities composing 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 Hazardous Waste Element for each city. Conducted public hearings and regular JPA meetings. 1990-12n WOODWARD- CLYDE CONSULTANTS Project SPrior to joining RIS, Mr. Huls was employed by Woodward -Clyde as a Project Scientist out of their Santa Ana office. Under the direction of Alistaire Callender, Ph.D., an Associate and Vice President at the firm, he performed numerous environmental site assessments and hazardous waste and ' materials investigations for private sector clients 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 corporate headquarters of a mayor Los Angeles banking corporation. His work included site assessment, 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 Los Angeles Fre Department, the Regional Water Quality Control Board, and the Los Angeles County Department of Health. He also performed a comprehensive environmental audit for Eaton Corporation that involved all the firm's major facilities in California. 'The aerospace/pharmaceuticals firm was evaluated for environmental compliance under all salient national and state standards and regulations including tanks, health and safety, air quality, water and storm water quality, and past and present waste management practices. PREVTO 1S ASSIGNMENTS - Prior to his work with the above-mentioned firms, Mr. Huls has worked in the consulting field as an independent contractor, as owner of his own consulting practice (Secondary Resource Development Consultants), and as an employee with such firms as Harding Lawson Associates, SCS Engineers, PES Environmental, and Engineering Science. A few of his more notable projects are detailed below: World BankMnited Nations Environment Programme. During 1981-1984, he consulted on design and implementation of a global resource recovery development program for the international banidng agency. He prepared a state- of-the-art study of recycling and composting technologies worldwide and a historical review of recycling and solid waste management in the United States over the past 200 years. This included a state -of -the -literature review that covered over 100,000 literature citations and culminated in an annotated bibliography of 250 documents During 1987, he researched and prepared a state-of-the-art study of industrial waste exchanges for the agency. This included preparation of over 100 case studies worldwide. US Dep=ment of Defense. Mr. Huls prepared designs for curbside collection and drop-off recycling systems at twelve military bases in the Untied States during 1977-78. 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 prepared final designs, cost estimates, and landfill specifications, operational specifications, excavation requirements.. equipment and labor requirements, final and interim cover design, and surface water drainage and diversion systems. At present, two of the three designs have been implemented. Chemical Manufacturers' Association (CMA). 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 management. Over 1,000 documents were distributed by CMA during -1982. US Environmental Protection Agency (EPA). Mr. Huls helped implement the EPA's office wastepaper recycling program during the late 1970's. He prepared a report to Congress on the recovery of glass and plastics wastes in 1978. He developed the EPA's hazardous waste management facility permit system during 1979, including preparation of the OMB clearance package for the regulations. Finally, he was Program Manager for Harding Lawson under contract to the agency where he directed, managed and/or performed over 400 projects during a three-year period in the mid-19Ws for RCRA implementation including technical permit reviews of HWM facilities and landfill closures. Atlantic County. New Jersey. He directed a 1982-83 waste characterization study for the County in which industrial, commercial, and residential wastes and sources were evaluated during a year-long study. He designated the approach, trained samplers, and directed all field activities that sorted over 17 tons of solid waste. About 36 categories of waste were identified, including broad categories of recyclables, burnables, compostables, and recoverables. Every truck was identified for volume and origin, and representative vehicles were weighted to. obtain conversion IBM Corm He performed numerous environmental audits on behalf of the firm of disposal and recycling companies to evaluate the liability of using their operations for waste disposal and recycling. This included nearly all mayor disposal sites in North America, and many solvent recyclers. In addition, he evaluated the waste minimization potential 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 SRRE's . Project Manager. 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 Engineer/Director of Public Works in the Cities of Palos Verdes Estates and Bradbury. Ms. Rosen has management responsibility for full-service engineering, public works and planning departments. City Engineering duties include review of development and improvement plans, and design and administration of public works projects. She provides direction for solid 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. tA CHI, V 03 �3 DICE"; WAOt a zrl* Project Manager. 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). Associate Engineer. 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 the City and performed all related functions. She assisted in providing staff support for the City's Traffic Committee. 1984 - 1985 CITY OF 12UAKU, CALIFORNIA Associate Civil Engineer. Ms. Rosen designed a wide variety of engineering and maintenance projects. She supervised the City's in-house engineering personnel while 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 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT Civil Engineering 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 construction and maintenance projects and reviewed the work of outside consultants. This work provided 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. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council REPORT DATE: July 28, 1994 MEETING DATE: August 2, 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: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification _ Ordinances(s) _ Agreement(s) X Other Request for Qualifications Professional Services Agreement SUBMITTAL CHECKLIST: Yes No 1. Has the resolution, ordinance or agreement been revi N/Ad — — by the City Attorney? 2. Does the report require a majority or 4/5 vote. MAJORITY Yes No 3. Has environmental impact been assessed? N/A _ 4. Has the report been reviewed by a Commission? Yes X No Which Commission? 5. Are other departments affected by the report? _Yes No X Report discussed with the following affected departments: R E ED BY: V Terrence L. B I nger Frank M. Usher Troy Z utzlaf City Manager Assistant City Manager Assis nt to the ity anager MEETING DATE: TO: FROM: SUBJECT: CITY COUNCIL REPORT AGENDA NO. 9,J 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 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. FISCAL IMPACT: 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: n Troy L. utzlaff Assi n to the ity anager CITY OF DIAMOND BAK AGENDA REPORT AGENDA NO. w TO: Terrence L. Belanger, City Manager MEETING DATE: August 16, 1994 REPORT DATE: August 9, 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 August 16, 1994, City Council meeting to September 20, 1994. RECOMMENDATION: It is recommended that the City Council continue Vesting Tentative Tract No. 32400, and its related applications to September 20, 1994. LIST OF ATTACHMENTS:_ Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's Office) X Other: Letter from Applicant EXTERNAL DISTRIBUTION: Project Applicant, 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: EWED BY: rrence L. Belanger City Manager Frank Usher'-" / Assistant City Manager Ames DeStefano Community Development Director j.C.D. = rn J. C. DABNEY & ASSOCIATES ',"rr LAND DEVELOPMENT CONSULTANTS & ENGINEERS _ ) 671 S. BREA CANYON ROAD SUITE 5 WALNUT, CALIFORNIA 91789 =a c 909 594-7568 1 FAX - 909-594-5090 0' August 11, 1994 Mr. James DeStefano Community Development Director City of Diamond Bar 21660 E. Copley Dr., Ste 190 Diamond Bar, CA 91765-4177 Reference: Process Schedule Vesting Tentative Tract 32400 Arciero & Sons Inc. Dear Mr. DeStefano, This letter is to serve as conformation of the discussion that Mr. Arciero had with you during our meeting of August 9, 1994 at City Hall. to continue Mr. Arciero is in agreement with the ove mentioned tracty staff on the t until September 20x1994 items that relate to the processing of his As brought out during the August 9th meeting, we feel that the conditions of approval need to be modified to reflect the aspects assocons with School Distrie tract ct,oval without City Staff the master plan approval. Further discus grading limits and and Mr. Arciero are also needed to properly address access, g g associated impacts. It is our understanding that we are to meet on fog a ,oint meet ng with ust 15th to o over athe School es to the conditions of approval and discuss scheduling District Staff. Thank you for your consideration. Re ctfully, C' Jan C. Dabney, RCE cc: Mr. Frank Arciero Jr., Arciero & Sons Inc. i.c.D. � J.C. D A$ N E Y & AS S O C I A T E S LAND DEVELOPMENT CONSULTANTS & ENGINEERS _ "D o 671 S. BREA CANYON ROAD SUITE 5 �„ 3 WALNUT, CALIFORNIA 91789 =a Z 9o9 594-7568 FAX - 9o9-594-5090 a August 11, 1994 Mr. lames DeStefano Community Development Director City of Diamond Bar 21660 E. Copley Dr., Ste 190 Diamond Bar, CA 91765-4177 Reference: Process Schedule Vesting Tentative Tract 32400 Arciero & Sons Inc. Dear Mr. DeStefano, This letter is to serve as conformation of the discussion that Mr. Arciero had with you during our meeting of August 9, 1994 at City Hall. to continue Mr. Arciero is in agreement with the city staff mentioned tract n the unt I September 20x1994 items that relate to the processing of his above As brought out during the August 9th meeting, we feel hth the trache t approval witions of ithout roval need to be modified to reflect the aspects associated the master plan approval. Further discussions with the pool District, grading limits and and Mr. Arciero are also needed to properly address associated impacts. It is our understanding that we are to meet on August for a 15th to go over oint meeting with athe School nges to the conditions of approval and discuss scheduling District Staff. Thank you for your consideration. Res ctfully, )an C. Dabney, RCE cc: Mr. Frank Arciero Jr., Arciero & Sons Inc. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 0 p TO: Terrence L. Belanger, City Manager MEETING DATE: August 16, 1994 FROM: James DeStefano, Community Development iPrecttor ORT DATE: August 9, 1994 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 August 2, 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 August 2, 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 _ Resolution(s) — Bid Specification (on file in City Clerk's Office) X Other: Agenda report dated July _5k, 1994 EXTERNAL DISTRIBUTION: Project Applicant, Walnut Valley Unified School District SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A —Yes by the City Attorney? — No 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? MAJORITY 4. Has the report been reviewed by a Commission? — Yes X No Which Commission? — Z'eS X No 5. Are other departments affected by the report? Report discussed with the following affected departments: —Yes X No Ky" EWED BY: r ence L. Belanger Frank sher City Manager � aures DeStefan Assistant City Manager Community Development 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. 1994. Continued from July 5, BACKGROUND: On June 21, 1994, the City Council discussed the South Pointe Master Plan and concluded by continuing the various applications to July 5, On July 5 Arciero and Sonsons,, , the Council approved, in concept, the Inc. project (VTM 32400) and directed the City staff to review prepare the appropriate resolutions and project conditions for subsequent 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, attachments) 1994 (without J.C.D. J. C. DABNEY & ASSOCIATES LAND DEVELOPMENT CONSULTANTS & ENGINEERS 671 S. BREA CANYON ROAD SUITE 5 WALNUT, CALIFORNIA 91789 909 594-7568 FAX - 909-594-5090 August 2, 1994 Mr. James DeStefano Community Development Director City of Diamond Bar Reference: Vesting Map 51407/R -N -P Development Dear Mr. DeStefano, Mr. Forrister has instructed me to advise you that he would like to have any consideration on the above mentioned map continued until the August 16 meeting. As you are aware, closing of the sale to the School District is to take place on August 8. If the closing takes place then processing of the map by Mr. Forrister shall come to an end. If closing does not take place, processing will continue on August 16. Thank you for your consideration. Res ctfully J n C. Dabney, RCE President cc: Mr. Dwight Forrister, R: -N -P Development Inc. Mr. Clayton Chaput, Walnut. Valley Unified School District 00 Z Wd Z- J rW �,!:j lir�yrali i�,1�Q AIINnwWo) Qat au, 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. I38UE STATEMENT: This is a request for approval known as the South Pointe Master Plan, consisting ofJland 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; a roxiately 200 single-family detached residential dwelling units, a 28 acre neighborhood park; and the construction of a middle school. Continued from June 21, 1994. RECOMMENDATION: 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. 11 Correspondence received from Mr. Amrut Patel regarding TM 51253 indicates his desire for the City Council to support the Planning Commission recommended 21 lot map and related applications. Mr. Dabney, on behalf of RNP development, has requested a continuance for VTM 51407. Mr. Frank Arciero seeks a decision regarding VTM 32400 submitted in 1992, consisting of 91 residential lots, and associated applications, with an option to continue to explore other project alternatives, if appropriate. In order to approve the development applications requested, resolutions and ordinances must be crafted to coincide with a specific developmentlan. Staff direction is needed to identifyP deny the applications. The Parameters to approve or 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 15093 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 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 2 substantial hardship upon the landowner. 6. written findings for each vesting tract map pursuant to the Subdivision ision and tentative stating: p Act a) that the proposed ma applicable eneral P is consistent with the 65361 g Plan specified in Section 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 serious 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. the government body may a In this connectiona maif , finds that alternate easementsVeffor acc ess or for use, will be provided, and that these will be ac substantially equivalent to ones previously q y 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 Agreements complies with the terms, Development 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,b d other applicable ordinances and regulations; and 3 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 Stefar-y---=-�� 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 6 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 withou 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 4 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: 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 Resolution(s) _ Bid Specification (on file in City Clerk's Office) X Other: Agenda report dated 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? 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? —Yes X No 5. Are other departments affected by the report? Report discusser) with the following affected departments: _ Yes X No REVIEWED BY: �-Terrence L.)anger Frank Usher City Manager Assistant City Manager Ames DeStefan Community Deve 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. Map No. 51407, Conditional Use Permit No.g92- Vesting Tentative Tract 92-8; the South Pointe Master Plan; 92-8 and Oak Tree Permit No. 92-1 (applicant: RNP Development, Inc.) Environmental Impact Report No. Continued from July 5, 1994. ISSUE STATEMENT: This is a request for a consisting of land uses which include residential, commercial approval of a mixed use project open space. The project site is nd located north of approximately 78 acres in size rand ais Morning Sun Drive and south ofer RLarkstone Drive. oad, west Of Brea Canyon Road, east of develop 22 acres of commercial retail/office space, 90 single-family detached residential dwellingunits The project proposes to facilitate the construction of a middle school. e neighborhood park; and 1994.Continued from July 5, BACKGROUND: On June 21 Pointe Master Plan and concluded,bthe City Council discussed the South to July 5, 1994. On Jul 5 y continuing the various applications to Ju o and Sons y , the Council approved, in concept, Inc. project (VTM 32400 p , ,the prepare the appropriate resolutions and ) and directed the City staff to review and final action. Project conditions for subsequent applications (TM 51253 The Council reviewed the Sasak Corp. Pointe Master Plan to August 16 199cont4 ed those components of the South requested and was granted a continuanceRto Development �optment Inc. August 2, 1894_ (VTM 51407) City Council meeting of Following the Cit Council meeting of July 5, 1994, the Walnut Valley Unified school District 78 acre site held b y RN(WVUSD) entered into a contract to purchase the August 5 P• School District officials have identified 1994, as the anticipated date for close of escrow. It is the intent of the WVUSD to utilize a relocate 400,000 cubic y ands of portion of the RNP site to site, earth presently at the middle school The grading is necessary to facilitate the construction of the new school campus. City Council Report August 2, 1994 page 2 The School the middle conceptual school. A currently District has indicated a desire for an alternative access to school site. The location of the road is at issue. approval does not currentlyArciero s secondary access road may incorporate roadway access to the defined on the Arciero and RNP the extent of grading as maps. In order to resolve issues related to District plans, roadway access, grading, recommends a continuance. the application status, School Property exchanges, etc., staff In the alternative, the Cit each development a Y Council may take action, as a Report dated Jul pplicatiaon, s Outlined within a appropriate, on Y 5 1994 ( ) previous Council PREPARED BY: James DeStefano Community Development Director attachment: City Council report dated attachments) July 5, 1994 (without CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. v� TO: Terrence L. Belanger, City Manager MEETING DATE: August 16, 1994 REPORT DATE: August 9, 1994 FROM: James DeStefano, Community Development Director TITLE: Tentative Tract No. 51253, Conditional Use Permit No. 92-12, and Oak Tree Permit No. 92-9; the South Pointe Master Plan; and Environmental Impact Report No. 92-1 (applicant: Sasak Corporation). Continued from July 5, 1994. SUMMARY: The applicant requests approval of a 21 unit single family residential development proposed on 6.7 acres located adjacent to Morning Sun Drive. On July 5, 1994, the applicant requested and received a continuance to August 16, 1994, in order to respond to City Council comments. The applicant requests a continuance to September 6, 1994. RECOMMENDATION: It is recommended that the City Council continue this project to September 6, 1994. LIST OF ATTACHMENTS:_ Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's Office) X Other: Letter from Applicant dated July 27, 1994. EXTERNAL DISTRIBUTION: Project Applicant 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: JRV1;EVVEI BY: Terrence L. Belanger City Manager Assistant City Manager ci, a L 'fames DeStefano Community Development Director JUL 194 15:57 SASAK INC 9e5-7529 I i -AK .SASCORPORATION SW Wes# 9th St, Upland, California, 91785-11 iiily 27, 1994 Mr. Janes DeStefano Commun.ity-Development Director City of Diamond Bar 23,660 E. Copley Drive Diamond Bar, Calif. 91765 Rt : Tentative Tract Map 51253 on Morning sun Dri Dear Mr. DeStefano: As per your request in our last meeting this is You that I will be returning late evening on Au+ therefore kindly reschedule my project next• meeting on September 6, 1994 for final approva; Tentative Tract Map . I appreciate for your kind cooperation in this Sincerely, ;brut Pat I Leader in Lodging Industry Development and Management P. 02 f ; L i .. `(714)981-9449 t ' .. F r:n C i Co v p r e , Ii f i • o info--rm st 16 ,,,1994 eguler of the k i �egards . � , i f • { k k i I I , , I • I � 11 II f ' ' I ( I' CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of Council MEETING DATE: August 1.6,1994 CONTINUED FROM 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 I. Belan Frank M. Ushe City Manager Assistant City Manager FROM:LIDRARY HEADWARTERS TO: 909-861-311? JLL 2?, 1994 6:32PM #459 P.01 County of Los Angeles Public Library 7400 Fast Imperial Hwy., P.O. flax 701 1, tlownty, Cil 90241-'1011 (310) 940-8461, Th1-EFAX (310) 80's-3032 E,AMPA F. ALLILEN CoWly i nw4A.N July 27, 1994 TO: City Managers FROM: 411sandra Reuben County Librarian SUBJECT: REVISED RESOLUTION AND LIST OF COMMUNITY MEETINGS As a lollow-up to our re=cent meetings regarding the proposed Community Facilities District for Ilbrary services, l am providing the following additional information. At the previous meetings, wo distributed a list of the dates 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 Celanter.as indicated in the revised list attached. As 1 notified you on July 22, some cities may wish to give their consent to be included to the proposed CFD with the understanding that the benefit charge adopted by the Board of Supervisors for 1994-95 will not exceed $30 for a single family residence. Attachment A Is a samples resolution which includes such language, and may be used in placo 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, wo have developed languago which gives consent on the condition that a city may submit 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 sorvico which would have boon financed by those charges. This language is included in Attachment B and may be 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 these changes help you and your council in reaching a decision to be included in the proposed CFD. Please contact me or your Regional Administrator K you have any further questions. SFR:DF:t*w...wdt .n.rp.c Attachments c; Each Supervisor Chief Administrative Officer County Counsel Sorwng tllo uninmporaled areas d Los Angeles County and lho citios of: Agoura Hills . Astasia -Avalon . Raldwn park . Bell . EkA Gzvdsass: . Winwcv . Bra Mary . Carron . Garen=t • Conlplon • CtK10hy . Culver Gly . Dinnyxid Bar . Dumle . FI Mance . Carden . Hawaiian Curdersa. I iaw W". • Hrxrrasa f*Wh. Hidden Hills • Huntington Park . La Canada f liniod9r.. t a Hatwa Heights . I akew(ud . I a Mirada . I anca&ler . I A Nonle . La Vane •Lawndalc a Lanita a Lynwood a Malbu s Mantwltm Reach a Maywood a Montebello a Notwak . Ptuarnoum • Pico nivers • Roson)eod • Syn Difnex • San Fernatldo . San uabrial . Santa Clarita . South 8 Monlo a South Gale . 1 emple City a Watnut 9 weal rovina . west 10U wood . wostkA Vi111go RECEIVED 07/L, -i. -- ...' FROM:LIBRARY HEADQUARTERS TO; 909-861-3117 JUL Vi 1994 6:33PM #458 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, et sea., of the Government Code, to form Community Facilities District No. 8 of the County of Los Angeles ("District") 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 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 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 ATTEST: City Clerk 1994. Mayor 13 [ RECEIVED 07/27 10:14 1994 AT 909-861-3117 PACE tPRtNv -.' -N>> _. . FROM:LIBRARY HFADDHARTERS Tn: 909-861-3117 JUL 24, 1994 6:33PM #458 P.03 RESOLUTION NO. 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 53311, at seg., of the Government Code, to form Community Facilities District No. 8 of the County of Los Angeles {"District') 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 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 facillties, 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, Section 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 reoeived 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 tha Executive Officer of the Board of Supervisors of the County. PASSED AND ADOPTED this day of , 1994. ATTEST: City Clerkc Mayor L RECEIVED 07/L, ..s. - FROM;LIBRARY HEADWARTERS T0: 909-861-3117 JLL 27, 1994 6:34PM #458 P.04 RESOLUTION NO. ATTACHMENT C 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, egg., of the Government Code, to form Community Facilities District No. 8 of the County of Los Angeles ("District') 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 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 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 faoilities. Section 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 1894-85 charge fixed by the Board for single family residential paroels within the City shall not exceed $30.00 per parcel; (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 following fiscal year and shall further suspend provision of such library services and facilities proposed to be paid for by those charges. 9cU2a 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 1894. ATTEST: City Clerk Mayor FROM:L.IBRARY HEADaJARTERS 70: 909-861-3117 County of Los Angeles Public Library 7400 Last Imperial Hwy., V.O. Box 7011, Downey, CA 90241-7011 (310) 940-0461, TELErAX (310) 803.3032 SANDRA nFLFEN ChiiVry t INWVW July 15, 1994 TO: FROM: SUBJECT: JLL 15, 1994 5:01PM #432 P.01 City Managers - -,,"-,Sandra F. Reuben County Librarian 1� 1994-95 COUNTY LIBRARY BUDGET As you are aware, the Board of Supervisors adopted the ficial 1994-95 County Budget yesterday, which Included a portion of the funding needed by the Public Library to continue operations in the new fiscal year. Next Tuesday, July 19, the Board will consider another important matter relating 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 been 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 discuss 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. 1 hope that you will 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 mebting 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 those who cannot attend on July 20. However, I would prefer to cover the matter In depth at a single meeting on July 20, if that is possible. If you plan to attend, please call my secretary, Rose Olivas, at (310) 940-8400 and R.S.V.P. by 5:00 p.m. on July 18. If you have any questions, please call me at (310) 940-8400. 6F R:DFbortunort\oityrngr'2.hr c: Each Supervisor Sally Reed, CAO Serving the unirimporatei ems of Los Mflr:ICs County taxi 1he GANGS of: AgrxR* I hL, . Mc -.,in - Avalon . HAdwii fork - 1301 - &+1 Gardunv . Wolf -& - [Vadbury • Carson - Claremont - Compton - Cudahy - Cutvor City L?Wra)d Bar . Duarte . FI Mumu • Gardena - Hawaian ('widens - 11,1VA m,n . HCmym Boach - Hiddm Hils - Huntington Park - I a Canada Ftinlridge La Hatxa Heights • i akowuud - LA MkWa - Lancaster . 1.1 Puonle • La Vo(m -I awrxlale - Lo Mea - Lynwood . Malibu - Manhattan Beach . Maywood - Montebello.- Norwalk . Parerrxxmt r Flicu Hivura - noarnnnad —Ran DiTiKez serf Fernawo . San Gabriol - Santa Clarlta • South CI Mane . Scum Gate • Temple City - Walnut - West Coidiv • West I k4lywOm . westWke V xogr- �l� County of Los Angeles Public Library 7400 East Imperial Hwy., P.O. Box 7011, Downey, CA 90241-7011 (310) 940-8461, TELEFAX (310) 803-3032 SANDRA F.REUBEN COUNTY LIBRARIAN July 22, 1994 TO: City Managers FROM: __��andra F. Reuben County Librarian C -�i"Ai-�_ 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 �:TA 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 hone 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:h&ccmrron\cfd ratecap Each Supervisor Sally Reed, CAO Serving the unircorporated areas of Los Angeles County and the,,;dies 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 Hintndge 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 D Monte South Gate • Temple City • Walnut • West Covina . West Hollywood • Westlake Village 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 LOITU DP AT11- AIM nln AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: August 16, 1994 REPORT DATE: August 10, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: City Wide Speed Zone Survey SUMMARY: The City of Diamond Bar previously conducted a City Wide Speed Zone Survey in June of 1989 and the City Council on September 19, 1989, adopted Ordinance No. 22 (1989). In order to enforce speed limit by radar or other electronic devices, a speed study must be conducted every five years. At this time, the survey has been completed pursuant to the California Vehicle Code. RECOMMENDATION:, It is recommended that the City Council approve Resolution No. 94 -XX adopting a speed zone study justifying speed limits on certain City streets. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) _ Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specifications (on file in City Clerk's office) X Other: 1. ROW to T/T Commission, dated 8/5/94, 2. City Wide Speed Zone Survey 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? X Yes _ No Which Commission? T&T Commission 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Ten ce L. Belange Frank M. Usher George A. Wentz City Manager Assistant City Manager Interim City Engineer C:\wp60\LINDAKAY\AC3ENDA-9\SPEEDZON.811 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 16, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: City Wide Speed Zone Survey ISSUE STATEMENT: Establish prima-facie speed limits on certain City streets within the City of Diamond Bar. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 94 -XX adopting a speed zone study justifying speed limits on certain City streets. FINANCIAL SUMMARY: This action does not have any financial impact on the City's 1994-95 budget. BACKGROUND/DISCUSSION: The City of Diamond Bar previously conducted a City Wide Speed Zone Survey in June of 1989 and the City Council, on September 19, 1989, adopted Ordinance No. 22(1989). In order to enforce speed limits by radar or other electronic devices, a speed study must be conducted every five years. Section 40802 of the California Vehicle Code defines a speed limit enforced by radar and "...which speed limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation..." constitutes a speed trap. Since speed traps are illegal, the lack of an adequate study effectively precludes the Sheriff Department from using radar enforcement. Through adoption of this study, the Sheriff Department will be able to enforce posted speed limit with radar equipment. The attached report reflects the results of an engineering and traffic survey for establishment of speed limits on City streets as required by Sections 22357 and 22358 of the California Vehicle Code. Prepared By: David G. Liu C:\wp60\LINDAKAY\CCR-94\SpeedZone.811 1 RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A SPEED ZONE STUDY JUSTIFYING SPEED LIMITS ON CERTAIN CITY STREETS A. Recitals (i) California Vehicle Code Section 40803 (b) provides, in pertinent part, as follows: "In any prosecution under this Code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects the prosecution shall establish, as part of its prima-facie case, that the evidence or testimony presented is not based upon a speed trap as defined in subdivision (b) of Section 40802." (ii) The City of Diamond Bar desires to continue to use radar and other electronic devices to measure the speed of moving objects in order to protect the lives and property of motorists utilizing City streets and to improve the enforcement of speed limits within the City of Diamond Bar. (iii) The City's Traffic Engineering Consultant has conducted a current speed zone study establishing and justifying prima-facie speed limits on certain City streets within the City of Diamond Bar. (iv) The current Speed Zone Study prepared by the City's Traffic Engineering Consultant, dated August 16, 1994, is attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. 1 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, of this resolution. 2. The Speed Zone Study submitted by the City's Traffic Engineering Consultant dated August 16, 1994, and attached hereto as Exhibit "A" is hereby adopted and approved, in its entirety, as the official Speed Zone Study for the City of Diamond Bar concerning certain City streets more specifically described therein. 3. The City Clerk shall: a. Certify a copy of said Speed Zone Study for transmittal to the Los Angeles County District Attorney's Office for use in prosecution under the California Vehicle Code; and b. Certify as to the adoption of this Resolution. 2 By order of the City Council of the City of Diamond Bar. Dated this day of , 1994. PASSED, APPROVED AND ADOPTED day of , NWIM,F MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of , 1994, by the following Roll Call vote: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - ABSTAINED: COUNCILMEMBERS - c:\up60\LINDAKAY\RESO-94\SPEEDZON.808 01 LYNDA BURGESS, City Clerk City of Diamond Bar AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: August 5, 1994 MEETING DATE: August 11, 1994 TO: Chairman and Members of the Traffic and Transportation Commission VIA: George A. Wentz, Director of Public Works FROM: David G. Liu, Senior Engineer$ Tseday Aberra, Administrative Assistant SUBJECT: City Wide Speed Zone Survey BACKGROUND/DISCUSSION: The City of Diamond Bar previously conducted a City wide Speed Zone Survey in June of 1989 and the City Council, on September 19, 1989, adopted Ordinance No. 22(1989). In order to enforce speed limits by radar or other electronic devices, a speed study must be conducted every five years. Section 40802 of the California'Vehicle Code defines a speed limit enforced by radar and "...which speed limit is not justified by an engineering and traffic survey, conducted within five years prior to the date of the alleged violation..." constitutes a speed trap. Since speed traps are illegal, the lack of an adequate study effectively precludes the Sheriff Department from using radar enforcement. Through adoption of this study, the Sheriff Department will be able to enforce posted speed limit with radar equipment. The attached report reflects the results of an engineering and traffic survey for establishment of'speed limits on City streets as required by Sections 22357 and 22358 of the California Vehicle Code. RECOMMENDATION• That the Traffic and Transportation Commission review the 1994 City wide Speed Zone Survey and recommend to the City Council for approval and adoption. CITY l3vila WIDE SPEED ZONE SURVEY PREPARED FOR THE. CITY OF DIAMOND BAR AUGUST 1994 S P E E D Z 0 N E S T U D Y CITY OF DIAMOND BAR AUGUST 1994 Adopted by Diamond Bar City Council Ordinance Date Mayor Mayor Pro Tem City Council PREPARED BY Warren C. Siecke, P.E. Consultant Traffic Engineer R.C.E. 18707 R.T.E. 0823 CERTIFICATION %. Warreo �- MecKe` am a Registered Traffic Engineer, Number 823. ill the State of California. 1 certify that this Traffic and Engineering Study, prepared for the City of Diamond 8ar, has been conducted in strict compliance with quidelines contained in the California Vehicle Code and the California Department of Transportation Traffic Manual. Data presented in the report represents a true and accurate description of traffic conditions existing on Diamond Bar city streets. ------------------------- -------------- Warren C. Siecke, P.E. Date R'T'E. 823 TABLE OF CONTENTS ABSTRACT . . . . . . . . . . . EXISTING AND RECOMMENDED SPEED LIMITS. . . . . . . .iii PROPOSED SPEED LIMITS - CITY MAP . . . . . . . . . . iv DE'r- INITICN'S. . . . . . . . . . . . . . . . . . . . . v INTRODUCTION . . . . . . . . . . . . . . . . . . . i REGULATIONS GOVERNING SPEED LIMITS . . . . . . . . . 1 APPLICABLE VEHICLE CODE SECTIONS . . . . . . . . 1 EbU I PMENT USED . . . . . . . . . . . . . . . . . . . 7 STUDY METHOD . . . . . . . . . . . . . . . . . . . . 7 ACCIDENT DATA. . . . . . . . . . . . . . . . . . . 7 ANALYSIS AND RECOMMENDATIONS . . . . . . . . . . 9 EXISTING AND RECOMMENDED? SPEED LIMITS. . . . . . . . 10 STUDY DATA . . . . . . . . . . . . . . . . . . . . . 11 jUlM M AR y . . . . . 17 Brea Canyon Road . . . . . . . . . . . . . . . 1S 9rea Canon Cut -Off ,Rd . . . . . . . . . . . . . 1S Chino Avenue - - - - - . . . . 19 Chino Hills Parkway . . . . . . . . . . . . . . 19 Cold Spr i Tiq Lane . . . . . . . . . . . . . 19 Copley Drive . . . . . . . . . . . . . . . . . 19 Diamond Bar Boulevard . . . . . . . . . . . . . 20 E Avenida Ranchero's/Teeple Avenue . . . . . . . 21 Fountain Sprinqs Road . . . . . . . . . . . . . 21 Gateway Center er Drive . . . . . . . . . . . . . 21 Golden Springs Drive . . . . . . . . . . . . . 22 Grand Avenue . . . . . . . . . . . . . . . . . 22 Hi qhl enj Valley Rcad . . . . . . . . . . . . . 2:7, Kinwa Crest Drive . . . . . ... . . . . . . . . 23 Lemon Avenue . . . . . . . . . . . . . . . . . 24 Lyccminq Street . . . . . . . . . . . . . . . 24 Palomino Drive . . . . . . . . . . . . . . . . 24 Pathiinder Road . . . . . . . . . . . . . . . . 25 Prospectors Road . . . . . . . . . . . . . . . 25 Sunset Crossing Road . . . . . . . . . . . . . 26 Walnut Drive . . . . . . . . . . . . . . . 26 Washington Street . . . . . . . . . . . . . . 27 SPEED LIMIT SIGNING . . . . . . . . . . . . . . . . . 28 REFERENCES . . . . . . . . . . . . . . . . . . . . . 29 APPENDIX A -- Certificate of Calibration . . . . . . K-) ABSTRACT This report presents the results of a i:rn+fic and engineering stUdy fur establishment of speed limits on city streets as required by Sections 2235 and 22358 of the California Vehicle Code. T*he review included radar surveys of prevailinq vehicle speeds at various locations along the length of each street. recent traffic counts and an analysis of reported traffic accidents recorded durinq the two year interval from October- L. 1991 through September 30. 1993. In order to enforce speed limits by radar or other electronic' devices, a study must be conducted every five ,ears. Section 40F302 of the California Vehicle Code defines a speed limit enforced by radar and "...which speed limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation..." constitutes a speed trap. Since speed traps are illegal, the l act:: of an adequate study effectively precludes the police from using radar enforcement. Through adoption of this study, the police department will be able to enforce posted speed limits with radar- equipment. The results of the study are summarized on the followinq pages, showing the existing Arid recommended speed limits. A EXISTING AND RECOMMENDED SPEED LIMITS STREET LIMITS EXIST SPEED LIMIT RECOM SPEED LIMIT Brea Canyon !=d. N.C.L. to Washington St. �: 50 Brea Canyon Rd. Washington St. to Diamond Bar B1. 45 45 NC Brea Canyon Rd. Diamond Bar S1. to S.C.L. 50 5c; i iC Brea Canyon Cut-Gff W.C.L. to Brea Canyon Rd. 4;"? 4:"; Piv China Ave. Chino Hills Pkwy to E.C.L. NP 45 Chino Hills Pkwy. MCL_ to S.C.L. 45 45 NC Cold Sprinq Ln. Brea Canyon Rd. to Diamond Bar- B1. 30 70 NC Copley Dr. Golden Springs Dr. to Bridge Gate Dr. 40 40 NC Diamond Bar 91. Brea Canyon Rd. to Goldrush Dr. 45 45 NC Diamond Bar Bl. Goldrush Dr. to Hi qhl and Valley Rd. 40 4� � NC Diamond Bar :Ell. Highland 'Dalley Rd. to Temple Ave. 50 50 N E Avenida Rancheros/ Diamond Par Bl. to N.E.C.L. 45 45 NC Temple AvenuE-2 Fountain Springs ,Rd. Brea Canyon Fid. to Diamond Bar Bi. Tip _o NC Gateway. Canter Dr. Bridge Gate Dr. to Golden Springs Dr. 4C) 40 NC Golden Springs Dr. W.C.L. to 900' w/o Gona Ct. 50 50 NC Golden Springs Dr. 900'w!o Gana Ct.to 1300' eio Adel Ave. 40 40 NC Golden Springs Dr. 1700' elo Adel Ave. to Sabana Dr. 45 45 NC Golden Springs Dr. Sabana Dr. to Fiatina Dr. 40 40 NC Golden Springs Dr. Platina Dr. to E Avenida Rancheros/ 45 45 NC Temple Avenue Grand Ave. W.C.L. to E.C.L. 45 45 NC, Highland Valley gid. Diamond Par B1. to Del Sol Ln. f; __ NZ Kiowa Crest Dr. Eldertree Dr. to Diamond Bair Bl. 25 30 1 Limon Ave. N.C.L. to Golder: Springs Dr. 45 45 NC' Lycoming St. Lemon Ave. to Brea Canyon Rd. 35 35 NC palomino Dr. Diamond Bar 21. to Sallen.a Dr. NP 70 I Pathfinder Rd. W.C.L. to Brea Caryon Rd. -North 45 45 NC Pathfinder Rd. Urea Canyon Rd. -North to Brea 40 40 NC Canyon Rd.-Suuth/Fern Hallow Dr. Pathfinder Rd. Brea Canyon Rd.-South/Fern Hallow Dr. 45 45 NC to Diamond Bar- Bl. Prospectors Rd. Golden Springs Dr.to Sunset Crossing Rd. 'O _: NC Sunset Crossing Fid. W.C.L. to Diamond Bar 81. 40 4C NC Sunset Crossing Rd. Diamond Bar Bl.r_o Gulden Springs Dr. 30 'G NC Walnut Dr. W.C.L. to Lemon Ave. NP 40 i Washington St. Brea Canyon Rd. to N.E.C.L. NP 40 D ABBREVIATIONS W.C.L. - West Citv Limit E.C.`. - East City Limit N.C.L. = North City '.._ir:i S.C.L. - Sou't'h Cit'•. Limit NF' = No Posted Lit -,:it i!C = No Change Recommended D- Decrease Recommended i Increase Recommended iii 714-779-1644 WAPREN C SIECKE 707 P02 AlC 03 194 22:15 _I R 3� sb�taXy>ttr�f ��' HtINttANI 0 � c4 'O 00 h r�\SIIN.QI�1 r't111�1tN3MIt C op .•�f �O ca*�a�Y• NO 0 UftNpttS1F..- �r•� � I�tV .40 `0 WMRIItNtAl1NX1/� 1� /IW.INtl11.11 oft Neto rtr6 S bt z row titA Pllfw�Y is TO oa . TS So �4* t $` �� � � �0 µQ,t4i�r•t� s .,,k l � ~o �T �II•y � t tINtilly �' +e e .Iy 0 1 v / PROPOSED r� N SPEED LIMITS IV _M DEFINITIONS Average Daily Traffic Vc1itlilp c)F traffic expressed in tr�cusar,d5 iii_iring a '24 hour period. (ADT) E.C.L. E asterly Ili t:y Lintit. (Also W.L.L. • an<i S. C. L... for Wester `/. tdcjrtherlY, and Southerly City Limits. rP_GPPCti ve1 `J. Eighty-fifth (65th) Tile "speed" wtlict, 95 per:ent of the (Critical rabserved vehicles are riot exceeding. Percentile Speed Thi s speed i s usual l Y wi thi. n MPHSpeed) (Miles Per Hour) of the upper limit of the pace. Intermediate Speed Limits Speed limits set at f, MPH increments between 25 MPH and JJ MPH. MPH Miles Per Hour MVM Million Vehicle Miles. Accident rates are generally expressed as the number of million accidents occurring p er vehicle miles traveled du i ng a given time period. This presents the accident rates calculated -for the two year period October 1, 1991 through September at►, 1993. Pace The 10 MPH range Oftheblargegtvnumber speeds containing of vehicles. A normal distribution will contain approximately 74 percent Of the sample within the pace with, 15 percent below. Prima Facie Limits "Blanket" speed rodent its considerecertad reasonable and p general conditions unless refuted and proven inadequate for a particular condition. V INTRODUCTION rt is a common belief that riost i ilq of speed Limit t:raffic signs will Infll.11_'f-ce drivers to drive at that. speed. The facts indicate W h erwi. se. �C _ _ parts of this country, l3Y 1 `:E'r i"E?i'i�+v1Gr research r"C:lnl'.hi..l(:f.t:�d 1f'1 f17,-U'1`J over a span ot• several decades. shows that the average driver is i.nfLuc;ric:.er.l by the appearance of the highway itself and the prevailing tr-affi.c ccndit.ions. in choosing the speed at which he drives. Rec:ogri1 7. i ng this, the California Vehicle Code requires that speed limits be established in accordance with appropriate engineering practice- and methods. REGULATIONS GOVERNING SPEED LIMITS Under talifornii;i law, the maximum speed limit for any passenger vehicle is 55 miles per hour (mph) . All other speed limits are called larin�a tcie limits, which "on the face of it", are safe and prudent under normal conditions. Certain p1ma_ &q1_R limits are established by law and include the 25 mph limit in business and residential districts; the 15 mph limit in alleys, at blind intersections and blind railroad grade crossings; and a part-time 25 mph in school zones when children are going to and from school. Intermediate speed limits between 25 and 55 mph may be established by local authorities on the basis of traffic engineering surveys. Such surveys include the analysis of roadway conditions, accident records, and the prevailing speed of prudent drivers using the highway under study. If speed limits are established below what the majority of drivers consider reasonable, they are often not obeyed and consequently, are difficult to enforce. Those drivers who do not comply with posted reasonable speed limits are, conversely, subject to equitable enforcement action. The Vehicle Code provides that the use of radar to enforce speed limits which have not been based on a traffic and engineering study within the preceding five years constitutes a "speed trap". Since speed traps are also prohibited by the code, lack of the required study effectively prohibits local agencies from using radar enforcement. APPLICABLE VEHICLE CODE SECTIONS Eiusiness District 235. A "business district" is that portion of a highway and the property contiguous thereto (a) upon one side of which highway, for a distance of 600 feet, 50 percent or more of the contiguous property fronting thereon is occupied by buildings in use for business, or (b) upon both sides of which highway, collectively, for a distance of 300 feet, 0 percent or more of the contiguous property fronting thereon 1 is so occupied. A way be lonqer than the distances specified in this sectzon if the abu,e ratio of buildings in use for business to the length o+ e,�tsts. D`ti-���t�_�-D�t�t�Di��ti��l 240. [n deter*ininq whether a hiqhwav is within a business or residence d/strict, the following limItat.iuns sha1I app lv and shall qua1ifv the definitions in Sec tion 235 and 515: (a) No buildinu shall be reqar(led un1ess its entrance faces the h1ghwav and Lhe front of the builCII ng is within 75 feet of the roadway. (b) uhere a highway is phvsica1ly divided into two or, more roadways. only those buildi"qs facing each roadway separately shall be regarded for the purpose of determining whether the roadway is within a district. (c) All churches, apartments, hotels, multiple dwelling houses, clubs and public buildings, other than schools, shall be deemed to be business structures. (d) A highway or portion of a highway shall not be deemed to be within a district regardless of the number of buildings upon the contiguous property if there is no right of access to the highway by vehicles from the contiguous property. Residence District 515. A "residence district" is that portion of a highway and the property contiguous thereto, other than a business district, (a) upon one side of which highway, within a distance of a quarter of a mile" the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures, or (b) upon both sides of which highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures. A residence district may be longer than one quarter of a mile if the above ratio of separate dwelling houses or business structures to the length of the highway exists. Enaineerina and Traffic Survey 627. (a) "Engineering and traffic survey" as used in this Code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities. (b) An engineering and traffic survey shall include, among other requiremonts deemed necessary by the department, consideration of all of the following: (1) Prevailing speeds as determined by traffic engineering measurements. (2) Accident records. (_) Highway, traffic, and roadside conditions not readily apparent to the driver. Maximum Speed Limit 22349. Except as provided in Section 22356, no person shall drive a vehicle upon a highway at a speed greater than 55 miles per hour. Basic Speed .Law 22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property. Seed Law Violations 22351. (a) The speed of any vehicle upon a highway riot in excess of the limits specified in Section 22.352 or established as authorized in this code is lawful unless clearly proved to be in violation of the basic speed law. (b) The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing. Prima Facie Sneed Limits 22:52. The prima facie limits are as follows and the same shall be applicable unless changed as authorized in this code and, if so changed, only when signs have been erected giving notice thereof: (a) Fifteen miles per hour: (1) When traversing a railway grade crossing, if during the last 14() feet of the approach -to the crossing the driver does not have a clear and unobstructed view of the crossing and of any traffic on the railway for a distance of 400 feet in both directions along such railway. This subdivision does not apply in the case of any railway tirade crossing where a human flagman is an duty or a clearly visible electrical or mechanical railway crossing signal device is installed but does not then indicate the immediate approach of a railway train or car-. W tr ItJtlE?f'1 ct'JF'r'37.r1(� :ari'. tl'itf3° ?.�:7C f_liir'i i C?± IaC:Jti4Vc+:' i.t :during t:le t 1 l.> ? 'i 'o £d t (.l t• I' i i Si c? �:)1 W s:: <i l;_ I l r i.1 t'; :? 1. i'1 E:' Y.. . ,,,S - I:E'.1.: t 1.I7r1 �'.f-t c-2 (.�r1. `ler <' oer nUt ('V Ey ct C"lE?dr r.-�fiCa t_Ir"1 Cit]9'itl'"ttC:t'.E.:) '%1 F'w of he and f7i eln`,' it"1'ter-S—ert ion t ffit_ u p o i he I-tif:ahwi:a', rlt'.e r_1Q the intersect -,on far a Y: J stance of +reet alc:;!ly Atli >1_It=t1 t"Ii.;Itic►_+v=_>, except arta an i rl tp*'r.Ca'1• if.1_'d tly bt_i V) _, L •fin'._ '..:,1:. "`,L E?.L d I'":L Ci •l t -p'f"PJe��,•' :37, qf15 or cc:;r'i't.rr.:;! e•:I y t:.;, i i 1,aI a r.:Y-. f l i_ C 1 t :. Y` O. L f i'1 ,3L ._ ( ,' , 01'1 ::ar'I'y i.t J. I. P�I! . !t'•) fwc•r1L'y r i JFA ln. l F_s> Per' hclur: ( .1 On anI"t 1. l'" aJat', other U-il an a state h i (Ahwi-,y • 11-i arty I:3us i nese; or residence dlstri._t: ur1l.E'ss a different �ipeed is determined t:)%,' ioual authority undE_•r- pr"(_)(_.-edur••es se't: forth in this code. (2) When passing a school building or the grounds thereof con t i yuou's to as highway and posted with a istandard "SCHOOL" warning sign, while childr-en are going to or leaving the school either during school t-loc.crs or dL(ri.ng the noon recess period. Such prima facie 1in'tit shall also apply when passing any school grounds which are not separated from the highway by a fence, cla'te or other physical barrier while the grounds are in use by children and the highway is posted with a standard "SCHOOL" warning sign. Increase of Local Limits 2?57. Whenever a local authority determines c_rpon the basis of an engineering and traffic survey that a speed greater than 25 miles per Hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to a prima facie limit of 25 miles per hour, 'the local authority may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 5C) miles per hour or a maximum speed limit of 55 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. The declared prima facie or maximum speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street and shall not thereafter be revised except upon the basis of an engineering and traffic survey. The provisions of this section shall not apply in respect to any25-mile-per-hour prima -facie limit which is applicable when passing a school building or the grounds thereof. Decrease of Local Limits 2235G. Whenever a local authority determines upon the basis of an engineering and traffic survey that the limit of 55 miles per hour .is more than is reasonable or safe upon any portion of any street other than a state highway where the limit of 55 miles per hour is applicable, the local authority may by ordinance determine and declare a prima facie speed limit of 50. 45, 40, 35, 34, or 25 miles 4 per hour, whiche -ver is i-cp..trd o'ost a.ppropr Lat.e to 1:8ci l hate the order i v Irto'derrv_`n t of tr-af f :I c :1r')d 1 !3 I' i2 'sc7r1.:3t) 1 e? card sra+e. wt i is h dk_,(::l.arr✓d prima tacie .Lin)►t. shall be wtlert zap F:,rvprIatr�� Sig FIS i;ivinq noti(::e t'.Ilere(:)f ar(:_ E?i'f?C:t:;'Cj Downward d ...Sw�_ t...._�on.:i. r_�g. ', . `" l t: i s t f(�., i ntent cif t.iit Le(i 1 :a LU1'-F_ t..h:-A hvsi cal _..moo. p conditions s4(ch as width, (_-Urvatr..(re, c1rade and--BLArface conditions. or "_env oth r :ondi t_ i on r eadi 1'y apparent to�i dr i yr, r , i r) the �:>t�sc?nce o'f other factors, would no -At r-ecauir-e speciiitl downward speed zoning, as t.t)e Lasic r•uie of Sec::tion ?'x.350 is sufficient regulation as:, to such Candit:iolls. Fiouri_r-Iary-L.i ng.__Streets, 2:7.59. W:i th respect to houndary l i ne streets and hi ghways where portions thereof are within different jurisdictions, no ordinance adopted under :sections 22357 and 22358 shall be effective as to any such portion Until .all authorities having jurisdiction of the portions of the street concerned have approved the same. This section sh�•all not apply in the case of boundary line streets consist.inq of separate roadways within different jurisdictions. Mul t i� i t-Lne _Hi c�hwai 27,61. On multiple -lane highways with two or more separate roadways different prima facie speed limits may be established for different roadways under any of the procedures specified in Sections 22354 to '22359, inclusive. Saeed(ra F'rofIibition 40801. No peace officer or other person shall use a speed trap in ;arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code. Speed Trap 40802. A "speed trap" is either of the following: (a) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (b) A particular section of a highway with a prima facie speed limit provided by this code or by local ordinance pursuant to paragraph (1) of subdivision (b) of Section 22352, or established 5 0 Pursuant to Ser_tiai1 "'.:154 :'"' i, ;::' :;' f3, c: -,r "1"58--3, which speed limit is not justified by an and traffic survey conducted within five ve<<rs prior to t hF� dat.c: cif t:.hiE alleged violation, and where enforcement involves thea use-, ref r adie,r. or other electronic dr✓3'vl ces which measure the speed rnUvi ng objects. T'h i s subdivision L:ioes not applv to local streets and roads. For rit. i_f,i s se(:-tionI local istreets and roads, shall be defined by ttie latest fi.inctiona.l u:aage alld +ederal-aid system maps as submi t l.ed t u t he Federal Highway Admi n i =_ftr at i vn . When these maps have not leen Ubrnitted, the following definition shall be used: A local street or road primarily provides access to abutting r-e,sidential proper-tv and !shall meet the following three conditions: 1, Roadway width of riot more than 40 feet. Nv•L more than on��-half mile of uninterrupted •1 enUth. Interruptions shall include official traffic control devices as defined in Section 445. :. Not more than one tra+fic lane in each direction. speed TrapEvidence 40803. (a) No evidence as to the.speed of a vehicle upon a highway shall be admitted in any court upon the trial of any person in any prosecution under this code upon a charge involving the speed of a vehicle when the evidence is based upon or obtained from or by the maintenance or use of a speed trap. (b) In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speed trap as defined in subdivision (b) of Section 40802. (c) When a traffic and engineering survey is required pursuant to subdivision (b) of Section 40802, evidence that a traffic and engineering survey has been conducted within five years of the date of the alleged violation or evidence that the offense was committed on a local street or road as defined in subdivision (b) of Section 40802 shall constitute a prima facie case that the evidence or testimony is not based upon a speedtrap as defined in subdivision (b) of Section 40842. [1 0 EQUIPMENT USED Phe radar Fequipmer'rt use!cl tC-) call :_:t: Spef•d mf_asurements for this wsl_tr-vey is an MPH Model. Hi:anc] I-Ield Radar- Unit nia(1uFactur-ed by MPH Industries Inc. of Chaf)Ute, kans'!ts.. Ihe was test calibrated before each series of me._isUrementfi wer•;a 't.cit:lJli. fest calibrations of the unit were d. so condUct.ed Liai req a turi i rry f or- k in accordance with the (nanufactt.rrer 's 'SPY ecificat. ions . PC-AIibr••at::ion C-aartificat e for the radar equipment used i. s I FIC:1 LIded within the F)pperidi x . STUDY METHOD A traffic engineering =.tudy has been completed at 74 locations on selected streets ;and highways For the purpose of establishing enforceable speed limit requl ati ons. T"hese studies were made in accordance with the appropriate sections of the California Vehicle Code, the State Traffic Manual (Chapter 8-03), the Federal Manual on "Uniform 'Traffic Control Devices", Section 28-1o). the State approved "Methods of Conducting Engineering and Traffic Surveys" dated December, 1988, and with established traffic engineering practices. Factors considered in the study are as follows: 1. The prevailing speed, as represented by the 85th percentile, or critical speed, and the 10 mile pace speed. This data was obtained by personnel using radar devices in unmarked vehicles. 2. Road surface characteristics, shoulder conditions, grade, alignment and sight distance. Roadside development, culture and roadside friction. 4. Safe speeds for curves or hazardous locations within the zones. 5. Parking practices, pedestrian activity and related peripheral conflict. b. Reported accident experience for a recent 24 month period. i. Unusual traffic conditions or unique traffic conditions not readily apparent to the driver. 8. Continuity between zones of short distance with inordinate differences of prevailing speeds between the separated zones. ACCIDENT DATA This report covers approximately thirty (.:0) miles of roadway. There were .312 non -intersection accidents reported during the two year period 10/1/91 through 9/30/93, used in this report. Only 7 VI rno--intersect.:i`n accidee7i11:.'= ::re rfia].!J.i_i!T. d since .i.":cer"sect.iori accidents ars considered to be correctable : c_c•_;ir-:q c...r:inw,:C'ntiona1 intersection traffic: controla suoh as stop s i q r r-; ,_m is r� i• f• .t c.' = 1 ca n a l s . Eight p u r e en t of the <a C: a.i c, t, n l_ '.� r e_ u r- t e d - ,j _ involved ir;o'tor-ist!s drivinq alta i. ). r under the .i of .I. ue nc_e. c:a•: alcohol or dr uq`-s• Thirt,,-seven percent listed speed as a cont'.r-ibutinu factor. ;:ear- Frtr,r:i, left road/hit fixed iat1,Ject, w& ni ju- swips were the three prF'Gominctr'7t:. Ac:ciden't types recorded. C:)f l -hi-::• :'.l _' tc_c:idents ;-ir>ed in the study, f_werity-r�i.n�� uercFnt were recorded as rear encs accidents. Twenty-one percent of the total were re=corded "s left roadihit: fi::ed Ubjec_t accidents with eiyht:een par -cent of the total being recorded as side --swipe type accidents. Arc i dent data was obtained from a. W. I . T. R. 3. (State Wide Integrated Tr aFfic Records System) reports furnished I:.y the city. Accident rates are computed using a formula which takes into account the number of ,accidents, usually in a one or two year period, the length of roadway being studied, and the average daily traffic volume. The stated formula is: Acc /M :'M = Number of Ac c i dents 106 Distance - 11, ADT --- _._.___No.- Years These calculated rates are then compared to predetermined expected rates for streets with similar characteristics. Accident rates developed by the Los Angeles County Department of Public Works are used as a comparison to actual accident rates calculated for city streets and highways. These rates were developed using criteria which included factors such as roadway width and number of traffic lanes, vehicle speed, physical or painted median separation of opposing traffic lanes, parking allowed or prohibited, traffic volume, and the nature of abutting development (i.e., residential, commercial, industrial, vacant or mi>:ed development). The accident rates expected for various roadway conditions are listed as follows: 1. 3.79 Acc/MVM - Mountain road design- Speed less than 35 mph. 2. 1.62 Acc/MVM - Mountain road design- Speed greater than 35 mph. 2.14 Acc/MVM - Mixed development with critical speed greater than 45 mph, Commercial except 56 foot wide street. 4. 1.55 Acc/MVM - Industrial, Residential, rural/mixed development with critical speed less than 45 mph. 8 0 5. ?.JJ Acc/'I`M - 6 1''":ot bide rand in commercial area. ''..1:' Fit C_if•It.,1,1 - iant;- .. t'ii I1 SS�i:3F.2d LAC(JV0110pE3d rar ea ':1_c:il`tr':-X53#: :ir K`=c J.tiici�3l.rC area u"lyi . 7. 1 . J._ Acc - NVM - Average for rural . non--i'r-ont:'tnI residential . tOn -mot_Lnt a i rl ri all . G. 2 Acc year --- Local street. Acc=i:.lent irate expressed in acci- dents per year. No calculated rates per NVM. As stated aarlier-, current provisions of the Vehicle L:ocie condit.:ion&tlly stipulate that engineering and traffic: sr_rrveys are required wil-hin five year periods to avoid "speed trap" connotation. If the pertinent sections of the code remain unchanged. the results of this stucjy should be effective until 1999. Only occasional updating may be:? required as highway or traffic conditions change or warrant. ANALYSIS AND RECOMMENDATIONS Each of the selected streets was analyzed individually using accident data provided by the city. 'T'raffic volumes were obtained through the services of Newport Traffic Surveys, Inc., an independent contractor. Radar speed measurements were obtained by a qualified state licensed Traffic Engineer operating from an unmarked vehicle.- This data was evaluated using accepted traffic engineering principles and used as :.a basis for formulating speed limit recommendations. The data is presented in tabular form in the section entitled "Study Data". 9 The existing and recommended speed li;ritz are: EXISTING AND RECOMMENDED SPEED LIMITS 10 EXIST RECOM STREETSPEED LIMITS SPEED LIMIT LIMIT Brea Canyon Rd. N.C.L. to Washington St. 5(j Brea Canyon Rd. Washington ._.,t. to Diamond Bar Bl. 45 Wit_+ !`i!_ Brea Canyon Ptd. Diamond Bar 91. to S.C.L. 45 NC Brea Canyon Cut-Vff W.C.L. to Brea Canyon Rd. 50 � 50 r --41C China Ave.4i Chino Pkwy to E.C.L. NP +-') 45 i"1C Chino Hills Pkwy, % C.L. to Q.C.L. ., Cold Spring Ln. Brea Canvon Rd. to Diamond Bar B1. 45 TO 45 0 NC hIC Copley Dr. Diamond Bar Al. Golden springs or. to Bridge Gate Dr. zq 40 NC Brea Canyon Rd. to Goldrush Dr. 45 45 NC Diamond Bar U. Goldrush Dr. to Highland Valley Rd. 4ii 40 NC Diamond Bar Bl. Highland Valley Rd. to Temple Ave. to 50 NC E Avenida Rancheros/ Diamond Bar Bl. to N. E. C. L. 45 45 NC Temple Avenue Fountain Springs Rd. Brea Canyon rid. to Diamond Ear 21. 3C) 30 NC Gateway; Center Dr. Bridge Gate Dr.to Golden Springs Dr. 40 40 NC Golden Springs Dr. W.C.L. to 9(:)(:)' w/o Vona Ct. 50 5o NC Golden Springs Dr. 900'w/o Gana Ct.to 1.100' e/o Adel Ave_ 4o 4p AJC Golden Springs Dr. 1300' e/o Adel Ave. to Sabana Dr. 45 45 NC Golden Springs Dr. Sabana Dr. to Platina Dr. 40 40 NC Gulden Springs Dr. Platina Dr. to E Avenida Rancheros/ 45 45 NC Temple Avenue Grand Ave. LV C. L. to E.C.L. 45 45 hiC Highland Valley Rd. Diamond ajar- El . to Del Sol Ln. 30 30 NC Ki owa Crest Dr. E1 dertree Dr. to Diamond Par 81. 25 i Lemon Ave. N.C.L. to Golden Springs p Dr. 45 .30 45 NC Lycomtng St. Palomino Lemon Ave. to Brea Canyon Rd. '' `''C Dr.'' Diamond Par 31. to Da 1 enema Dr. NP 30 1 Pathfinder Rd. W.C.L. to Brea Canyon Rd. -Nbrth 45 45 ;�}�:,, Pathfinder Rd. Brea Canyon Rd .-Ncrtil to Brea 40 40 :IC Canyon Rd.-South/Fern Hollow Dr. Pathfinder Rd. Brea Canyon Rd.-Scuth/Fern Hollow Dr. 45 45 NC to Diamond Bar 81. Prospectors Rd. Golden Springs Dr -to Sunset Crossing Rd. TO so NC Sunset Crossing Rd. W.C.L. to Diamond Bar 81. 40 40 NC Sunset Crossing Rd. Diamond Par Bl.tc Golden Springs Dr. 30 TO NC -Walnut Dr. W.C.L. to Lemon � Ave. NP 40 p Washington St. Brea Canyon Rd. to N.E.C.L. NP 44) 0 ABBREVIATIONS W.C.L. = West City Limit E.C.L. = East Citv Limit N.C.L. = North City Limit S.C.L.= South City Limit NP - No ~'osteo Li,:rit NC = No Change Recommended D- = Decrease Recommended I = Increase Recommended 10 11 Ln I 1 0 i my I L : C 71 CL 4,1 CL 1 0 LD i LL L CL Or "T. ;.j- 0 1 ul) i 0 11-0 i of luj C LU C3 I-- W U, u :V -T Llj Ill) ,t V Z: V IT UjIm :7 10 f .7, fu) 1 m ILn 1 3) Z w C*) IV I M. CO W Tj r1i IN 04 1 I`* Im IN IR I to IT, V a C? 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T, rr) I M- � I Clj M. 11 1 la% 0 ("I k� IN IN 1 NI IN I m m 1 (-I\j ml i•1 ml 1 '10 Lnl . ! im 1N im m l(T) M I m m I m I In V I'm T- 1 cD aN m m la) a) m m ia) I rr) 1.0 V Mr. 10— IV v 1� v V .D It V I i It mm Im 123 1 mm I I m I ILA I Ul I I mm I I I I G I 1 cam I I I I LI !uII z In I� z z L lm w = I l I lI -Z !m CD 0 ial I IV IV I r\j m im 10 I 10 I 10 1 0 10 to I a i 0 1 3 0 1 1 1 1 I i i 1 11I i C 0 1 'D 0 (A 1111 11 1 L 10 1 1 11 1 c 1 0 C 0 L 01 1 1 1 Ix 14-1 1 1 I 1 L 10 I 1 I 1 I 1 rm (D .0 LL - 10 1 1 L� 1 17% c —j L 11-0 -C a. I41 I Ill 1 0 bi 1 0 11 W 1 -J IH Ln 1 -W U') 1 I (n 11 IA c I I1 1 0 ul I m 0 c i ul CD 0 L 13 lul Ij 4J -M 0, 1010 m C I -W I — iw 1 0.1 Ul lb L L I a) c I U -0 10 1 1-4 CE L 141 M 1W— I e 1 0 c L O. m M I C L 1 L 10 1.&k 1 1'n -J I 0 M 7 L 10 I C U i L IA I CL 0 I> lb IOL I -U :) I m CL I L I i Ill I I VID I L In I MM M L) (j LA Lit :7, c w I' 19 0 0 1 1 TSD I c (D 11 C I Ul L 10 L Go 0 12 1 4.) C I Ile c 41 If-- C to I m > U W 4) 0 I L - IL) u C, C (It I CL 0 I'D L IU 0) I� to -C I Ill 0 f a MC L iw WL ig 13 I'D > L — (D m III 0) - L3 I R) I S d3p 1 L "a I L) u -0 1 L 1 0 1 C, 1c; a, M I" In 4-3 -+ JA 0 I C- 0 1 q (33 1 1p 0 13(a 1 4J 41 0 1 Ln L ! > !u; (D 0 a# lb z L m IW I m w 2 m 2 1 m 16 ^ SUMMARY rhis enozneerino and traffic studv was con(jufor the Citv of D�amond Bar to determine �he ,aiiditv of sneed 1imi�s esta�lished on cztv streets and to identif� those are�s where ex1stznq speed limits shou1d be adjusted upwarcl or uownwerd to enforcexoent bv radar. Two hea1i1v traveled freeways traverse Lhe Citv of Diamond 8ar The Oranoe Freeway, State Rou�e 57. extendinq between Oranqe Cocnt^ ' and the Interstate 210 Freewav in San DiaiasE° intersects the Pomona Freeway, State Route 6V" near, the citv's west citv limit. Alt�ouqh freewav conditions have been improved throuqh construction of additional eastbound traffic lanes" there are periods of cono-stion and delav during a+ternoon peak traffic periods associated wi-h merging and weav�nq traffic patterns existinq within the so-c-lIed '+reewav mixing" area. This prevailing condition enc - ouraqes ome wotorists to b+pass congested freewav areas by divertinq onto city surface streets' Grand Avenue, recently opened to through �raffic, provides a continuuus route from the Corona Expressway, State Route 71 in Chino Hills, t.o the Interstate 210 Freeway in Glendora. Greatly increased traffic volumes found on Grand Avenue are attributed in part to rapid growth rates in nearby neiqhboring communities such as in the Cities of Chino and Chino Hills. Chino Hills Parkway, the southerlv extension of Phillips Ranch Road at the Pomona Freeway, extends beyond Grand Agenue into the City of Chino Hills establishing an additional improved multi -lane arterial highway servin(.:.j the area's traffic needs' Results of this studv indicate that critical (85th percentile) speeds are somewhat higher than posted speed limits at most locations studied, 7his condition is widespread as significantly higher percentages of motorists are prone to disagree with speed limits established at levels reasonable for roadway conditions. The studv indicates that speed limit signing is adequate and is in accord with Caltrans signing guidelines on those streets where speed limits are currentiv in effect. The city's police agency was also noted to be proving levels of enforcement that appear to be consistent with Prevailing traffic and highway needs. Overall accident rates on Diamond Bar city streets were found to be generally below countywide expected accident rates. This can be attributed to several factors including higher levels of traffic enfc)rcement. All streets included in this survev were +ound to have street light installations meeting or e,ceeding minimum standards necessary for good nighttime highway illumination. 17 + he f o1 l owi nq is a i 1 531:'.l 00 , with -;�.?�:ii' t:7(:iY 1. •_:;i':.f5' ri(?ti,lE?rtt.s ai.�C� recommendations, on Q I Rt':r- r:_t a _-._ . _r qd in til Lit 6sulYmar':'. BREA CANYON ROAD - NORTH CITY LIMIT TO SOUTH CITY LIMIT I`1c?r..i, u c: r;�ru"ic�t_ i. r, t;.a,e. W I TAt. i. 9 50 mph speed limit is recommended. Wa:Xt: i Pi-tqn Awal. ; L?uc_tl emcs-i NO change in the existing 45 mph speed :limit is recommended. I)i c�rtt��rid L�!.3r Ncic_tl e'•; r,rd _t_o_ _�cxtth .C,�i ty_ i_i rni't No charge in the existing CU mph speed limit is recommended. Critical speeds in the 41-53 mph range are within acceptable limits of speed limits posted along the length of Brea Canyon Road. Overall accident rates on Brea Canyon Road are also generally below accident rates expected for similar roadway characteristics. Two accidents recorded in the twenty --four month period coupled with a short roadway segment result in a statistically high accident rate between the north City limit and Washington Street. A slightly higher than expected accident rate found between (golden Springs Drive and Via Sorella is attributed to left 'turn and rear -end accidents involving motorists ingressing and egressing commercial driveways. Overall results of the survey indicate that speed 'limits posted on Brea Canyon Road are proper for prevailing roadway conditions. School zones for Diamond Bar Hi ah School at Pathfinder Road and C-E.4st_ 1 e Rock Elementary School between Cold Spring Lane and Cool Springs Drive are identified with standard school signs, Installation C, in accordance with Caltrans Traffic Manual,• Chapter 10, Figure 10-1. BREA CANYON CUT-OFF ROAD - WEST CITY LIMIT TO BREA CANYON ROAD No change in the existing 40 mph speed limit is recommended. Critical speeds in the 46--47 mph range are within acceptable limits of posted speed limits. Accident rates are also below accident rates expected for similar roadway characteristics. Relatively low critical speeds and lower than expected accident rates indicate that the 40 mph speed limit posted on Brea Canyon Cut -Off Road is proper for prevailing conditions. Off-road const:ructiorn along the south side of Urea Canyon Cut -Off Road will include roadway widening from just west of Fallowfield Drive to the west.city limit. Additional study will be necessary at a later date when construction has been completed. 18 CHINO AVENUE - CHINO HILLS PARKWAY TO EAST CITY LIMIT recommended acitr speed t•l•f• ., .tr-,c.. rl•+'E:ii:i..,E: 1 .ti '+._! Ulp(;. TI'ti a tL.11. l'y' :i.li prow ed 'aihor'.. seqment .:rf ('"!;t1 -:a Fyvc_r.;ue traverses totally undevli+i.'=nud .land and has no posted speed limit. Critical speeds etre in the 4!-51 mph range and there i a no recorded accident history. Survey data indicates 't: hat a 45 mph _apE'✓ed limit i s appropriate for cundit:::ions .n China Avenue and wca;_;ld be compatible with 45 mph speed limits established on Chino Avenue i.rs t:t;e City of Chino Hills. CHINO HILLS PARKWAY - NORTH CITY LIMIT TO SOUTH CITY LIMIT t o chi-rrlge• if-. the i st i nq 45 mph speed limit i s recommended. Chino I.-AiLLs Parkway is an improved multi•-Ii.highway traversing tc,i._ezl 1 y undeveloped land. Critical speeds in the 53-55 mph range are slightly higher- than posted speed limits. Accident rates are. however, sLabstantially below accident rates expected for similar roadway conditions. The survey disclosed that the 45 mph speed limit posted on Chino Hills Parkway is proper for prevailing roadway conditions and is compatible with 45 mph speed limit established by Cities of Pomona and Chino Hills. GOLD SPRING LANE - BREA CANYON ROAD TO DIAMOND BAR BOULEVARD Na change in the existing 3ti mph speed limit is recommended. The survey disclosed that critical speeds in the 37 mph range are somewhat in excess of posted speed limits. An accident rate of 1.5 accidents per year compares favorably to the countywide expected rate of 2.0 accidents per year for local streets. Development on Cold Spring Lane is mostly residential with numerous back -out driveways. Visibility is limited at various locations by parked vehicles and parkway trees. The survey disclosed that the 0 mph speed limit posted on Cold Spring Lane is proper for prevailing roadway conditions. COPLEY DRIVE - GOLDEN SPRINGS DRIVE TO BRIDGE GATE DRIVE No change in the existing 40 mph speed limit is recommended. The survey disclosed that critical speeds in the 47 mph range are somewhat in excess of posted speed limits. Accident rates are, however-, lower than accident rates expected for similar roadway characteristics. 19 Copley Drive is car, a cc_rr i rir mH=n t. pr"c;`.;i d i r access to the evpafll: inq G ituvja`J l"IIQ ,i.u':ey diSCIusf.-_d I.. i<aL t•.lii_: 40 flipt =:=;c -t d 1.intiit ted on C:uplCie 'y Dr•'Ive !.s proper scar ex1s1:i,nl A /::(:)nd.it:.1CJnfi. DIAMOND BAR BOULEVARD - BREA CANYON ROAD TO TEMPLE AVENUE r - -e.( Can can f*,.(:) a .tie �oldrucAhr Dr.c`.(? ._.-._.---..__.-...._...._...__............_._.._...._._. _._.._._....... ._._._ _....._.._. ___._.........__....._.... No ch,C ncje i n 1 -he E:;: i s t.:i ng 45 ruiph s�peed t i mi t. is recommended. (,:� o .l_ d lru s h Drive tcI�i�1n1a11e Road d ..._..... d No change in the e;; i st.i ng 4ii mph speed 1 i mi t is recommended. H.i rlh 1 �r�ci._.!1�i1 l.e;_._F -gad to .-7 emA_l,e _f�vE�riL,te No change in the e;,,i st i r;g 50 mph speed limit is recommended. Critical speeds in the 49-53 mph range from Brea Canyon Road to I3oldrush Drive are mo=stly within acceptable limits of posted speed limits. Critical speeds in the 41-5jo mph range from Goldrush Drive to Highland Valley Road are generally in excess of posted speed limits and deemed to be somewhat excessive for prevailing roadway conditions. Critical speeds in the 51-52 mph range from Highland Valley Road to Temple Avenue are within acceptable limits of posted speed limits. Accident rates, on all segments of Diamond Bar Boulevard are substantially below average countywide expected accident rates for similar roadway conditions. The accident rate for the segment of Diamond Bar Boulevard from Mountain Laurel Way to Grand Avenue was compared to the countywide expected rate in accidents per million vehicle miles (A/MVM). The actual rate of 1.46 accidents per million vehicle miles compares favorably to the expected rate of 2.14 A/MVM. Eight accidents, 36%. of the total number of accidents recorded on this roadway segment involved bicycles. Speed and riding on the wrong side were listed as prime collision factors. Actual accident rates. 1.30 A/MVM between Grand Avenue and Tin Drive and 1.41 A/MVM between Sunset Crossing Road and Highland Valley Road, are associated primarily with motorists entering and leaving commercial driveways with speed being listed as a prime collision factor. Actual accident rates on both roadway segments compare favorably to the expected rate of 2.14 A/MVM.. The school zone for Lorbeer Middle School at Golden Springs Drive is identified with standard school signs, Installation C. in accordance with Caltrans Traffics Manual, Chapter lea, Figure 10-1. Overall results of the survey indicate that speed limits posted on Diamond Bar Boulevard are appropriate for prevailing roadway conditions. 9E E AVENIDA RANCHEROS/TEMPLE AVENUE - DIAMOND BAR BOULEVARD TO NORTHEAST CITY LIMIT No change in the ex-c5tinki 41•5 mph speed Iimit i,a rcecommenda--d Critical speeds are in the_-}!' mph range and there is no recorded accident hi:tort.,. F1Venl ds 1^:anC�ltro_ T::T'r, ._ t-1. _-tliC' is ;:k bOUfidznr/ Ilrie street 511artd wi"th the Ci 't-,/ E-i_il'•'_5 Of th Li sLtr-vev indlCat? tInat the 4 mph speed li:7ilt =tad or, _ .. enlda tiancheroSlTe, p Avenue ?s appirrapriate for ':1_l4jvYa`.• +�Ofi lt:On'�_ FOUNTAIN SPRINGS ROAD - BREA CANYON ROAD TO DIAMOND BAR BOULEVARD No c:h<ange :in the �:;.iS'!_LnC; iii ;mph speed limit is recommended. Critical snieedsi 1n 40 mph. range etre substantially in excess of posteO Speed limits. An ac:--:i.--1L-:t-)t rate or 1.5 accidents per year _o lntywlde expected rate of �..4 accidents ,ler y.:a.r ror i. 7Ca1 se` �. oavei opffni_nt on FOLint z:,i n %al 1 ey goad is residential with numerous bAc�:.-cut dr-i✓ewa,:s. Visibility is limited at various locations by aar'ked ven:icle=_ a -:d trees. The survey disclosed tt-At thtF-, .11 inph speed limit posted on f=ountain Springs Road is 'or pr_vailinq roadway conditions. GATEWAY CENTER DRIVE - BRIDGE GATE DRIVE TO GOLDEN SPRINGS DRIVE No cilcantq in th'�-: _ .; i st i nq 4t_, mph epee'o limit is recommended. Cr:ticall splef:?ds in the 42' ,i+ph rarige are wil �tln acceptable limits of pr+_ted s�,eed limits. The _ctual accident rate o+ 27'.70 acciden„s o r million- veilicle miles ! 'ii`•.'"1) i� substenti•_+.: i�, higher than the countvwi de -:;, nected rate o+ 1.55 A/MVM + or similar roadway charactuer-istics. Three of tour accidents recorded dur-inra the twenty-four month period wt=r_ listed as lett road -hit fi:<ed object accidents with speed and: Qr- under- the int 1 uence bei ne listed as prime collision -Factors. Results of the survey i ndi : _e that t~ e 40 oph speed limit posted or Gateway Center Drive is ;arcper- f.ar e:: i st i nQ roadway condi t:. cns and i cr--mpatihle with speed li:T:i s s Nested on Copley Drive, the northeasters.; 9::t3nsi0n Ji' Gatewa`,' -ent-er :Drive. 21 GOLDEN SPRINGS DRIVE - WEST CITY LIMIT TO E AVENIDA RANCHEROS/TEMPLE AVENUE West Ci tY_ Li mit tg 9C" e Wit._. We of Go -,a _-:0 rt No change in the existing ,��5r � mph sPeed 11iAlt 1S recommended. 9C'0 feet UJ• st cf Gona ��ourt to 1•? >c': teat East of Ade: ripe, i_ie No change in the. existing 40 mph speed liml't is recommended. _� ban. Dr lve No change in the existing 45 mph speed limit is recommended. . S_ccb_gnq__Drivt_ to =!7_atiaA_DriVe No Mange in the e:istin,g 40 mph speed limit is recommended. F_' htiliol Dr_',`�e r;verlida t=:z-—LerasiTzm Le Avenue No change in the existing 45 mph speed limit i s recommended. Critical speeds in the 46-54 Mph range are mostly within acceptable limits of posted saaed limits. Cvsrall accident rates are generally lower than countywide expected rates for similar roadway characteristics. The accident rate ror the segment of Golden Springs Drive from Sabana Drive to Diamond Ear Boulevard was compared to the countvw:ide expected accident rate in, accidents per million vehicle miles (A/MVM). The actual rate of 2.38 A/MVM, slightly above the expected rat* of 2.14 A/P'1`1"1, is attributed to motorists turning int: and out of commercial driveways. Speed . and driving under- the inrf l Jence were listed as prime collision factors. School cones for Lorbeer Middle School at Diamond Bar Boulevard. Golden Springs Elementary School at Dailana Drive and Diamond Point Elementary School at Sunset Crossing Road are identified with standard school signs, Installation C. in'accorCance with Caltrans_ Traffic Manual, Chapter 10, Figure 1C>-1. Overall results of the survey indicate that speed limits posted along the length of Golden Springs Drive are ;gaper- +or prevailing roadway conditions and are compatible with speed limits oosted on Colima Road. the wester -iv extension of Golder, Springs Drive. in Los Angelas Count,•. GRAND AVENUE - WEST CITY LIMIT TO EAST CITY LIMIT No Chang* in they e;: i st i ng 45 mph speed limit is recommended. Cr -1 tl r_ ai speeds in tale 45 mph range are within accepteab.l a limits pest ed speed limits. Actual accident r �ci Cnt r-a�+ a� are also below coe.tntvwide a`ver'age accident rates for similar roadway characteristics. 22 Recent improvements and additions to the traffic signal system on Grand Avenue and greatly increased traffic volumes appear to be responsible for an overall reduction of one to five miles per hour in critical speeds as compared to previous studies. Results of the survey indicate that the 45 mph speed limit posted on Grand Avenue is proper for existing roadway conditions and is compatible with speed limits posted on Grand Avenue in the City of Chino Hills. There are no speed limits posted on Grand Avenue in the City of Industry westerly of the Pomona Freeway, S.R. 60. HIGHLAND VALLEY ROAD - DIAMOND BAR BOULEVARD TO DEL SOL LANE No change in the existing 30 mph speed limit is recommended. Critical speeds in the 40 mph range are well in excess of posted speed limits and are attributed to the relatively steep downgrade from east to west. An accident rate of 1.5 accidents per year compares favorably to the countywide expected rate of 2.0 accidents per year. Development on Highland Valley Road is mostly residential with numerous bate;-out driveways. There were no obstructions to visibility noted. Results of the survey indicate that the 30 mph speed limit posted on Highland Valley Road is proper for existing roadway characteristics. KIOWA CREST DRIVE - ELDERTREE DRIVE TO DIAMOND BAR BOULEVARD The recommended safe speed for Kiowa Crest Drive is 30 mph. Kiowa Crest Drive is established as a local collector street with residential development and numerous back-out driveways. The roadway is on a fairly steep downgrade from west,to east for most of its length and has a sharply curving alignment from Eldertree Drive to Santaquin Drive. A 25 mph speed limit posted only for westbound traffic was not established on the basis of an engineering and'traffi.c_ survey and is, therefore, riot enforceable by radar. Critical speeds were measured to be 35 mph from Eldertree Drive to Santaquin Drive and 39 mph -From Santaquin Drive to Diamond Bar Boulevard. An accident rate of 2.0 accidents per year from Eldertree Drive to Santaquin Drive is equal to the countywide expected rate of 2.0 accidents per year. Accidents on this section of k:iowa Crest Drive were recorded as parking-type accidents with speed listed as the prime collision factor. An accident rate of 1.5 accidents per year from Santaquin Drive to Diamond Bar Boulevard compares favorably to the countywide expected rate of 2.0 accidents per year. Higher critical speeds, favorable accident rates and prevailing roadway conditions indicate that a .77ci mph speed limit would be appropriate for Kiowa Crest Drive. 23 1% LEMON AVENUE - NORTH CITY LIMIT TO GOLDEN SPRINGS DRIVE Nc chanqe in the existino 45 muh speed iimit is recommended. cal speeds on Lemon 4venue /o /he�47-49 mph range are within accep Lable limits of posted speed limits. Accid*nt rates are also substantz./liv Lle1.ow countywide e'�pected rates for similar roadwaY cnaracterisLics, �esults of the survey indicate that Lhe 45 mph speed limit posted on Lemon Avex`ue is proper, for existing roadway characteristics and is compatible with a 45 mph speed limit on Lemon Avenue in the City of industry. A school zone for Walnut Elementary School at Lvcominq Street is identified with standard school signs, Installation C. in accordance with Caltrans Traffic Manual, Chapter 10, Figure LYCOMINE STREET - LEMON AVENUE TO BREA CANYON ROAD No change in the existing �5 mph speed limit is recommended. Critical speeds of 43 mph are within acceptable limits of posted speed limits. Accident rates are below the countywide expected rate for similar roadway characteristics. Development is mixed residential and commercial with numerous back -out driveways along the roadway's length. Visibility is partially obscured at scattered locations by parked vehicles, The Walnut Elementary School zone between Glenwick Avenue and Lemon Avenue is identified with standard school signs, Installation C, in accordance with Caltrans Traffic Manual. Chapter 10, Figure 10.1. Results of the survey indicate that the 35 mph speed limit posted on Lycoming Street is proper for existing ` roadway conditions. PALOMINO DRIVE - DIAMOND BAR BOULEVARD TO BALLENA DRIVE The recommended safe speed for Palomino Drive is 30 mph. Palomino Drive is established as a local collector street with residential development and numerous back -out driveways for most of its entire length and *is subject to bypass traffic use during afternoon peak traffic periods. Critical speeds in the 39 mph range are considered to be somewhat excessive for prevailing roadway conditions. 24 An acciderit rate of 1.1> aLcic.ierits oer `(-.?ar froln Diamond Sar Boulevard to Plati.na Drive compares favorably t:.c1 th*_: COUntywide expected rate of Itfr� i t t� Er:1rde d accident history fromac_identC per year, F'latin.ii Orive to BallpnA tir-i- ea. Higher critical speeds, favorabiE -icci.dunt rates a:id prevailing roadw A./ crifidi t:.i onas indicate t:.hat a () mph speed l i mi t would be appropr•iat.c= 'or P--tlomino Drive. PATHFINDER ROAD - WEST CITY LIMIT TO DIAMOND BAR BOULEVARD West City._ Limit to Brea CanyonHtoad •_North No change :in the existing 45 mph speed limit is recommended. Brea .Canvon_. Roac_!North to Urea Canyon Road 5outhi.Fern Hollow Dr, No change in the e::isting 40 mph speed limit is recommended. Brea Canyon R .d South/Fern Hollow Drive to iamond Bar Boulevard No change in the existing.45 mph speed limit is recommended. Critical speeds in the 42-51 mph range are within acceptable limits of posted speed limits on the length of Pathfinder Road. Accident rates are also below countywide expected rates for similar roadway characteristics. An accident rate of 2.04 accidents per million miles (A/MVM) from Peaceful Hills Road to Brea Canyon Road North compares favorably to the countywide expected rate of 2.14 A/MVM. Three of five accidents recorded during the twenty-four month period on this segment of. Pathfinder Road were listed as left road -hit fixed object accidents with speed being listed as the prime collision factor. The school =one for Diamond Bar High School at Brea Canyon Road South/Fern Hollow Drive is identified with standard school signs, Installation C, in accordance with Caltrans Traffic Manual, Chapter 10, Figure 10-1. Results of the survey indicate that speed limits posted on Pathfinder Road are proper for existing roadway conditions and are compatible with speed limits posted in Los Angeles County's jurisdiction west of Peaceful Hills Road. PROSPECTORS ROAD - GOLDEN SPRINGS DRIVE TO SUNSET CROSSING ROAD No change in -the existing 30 mph speed limit is recommended. Critical speeds in the 36-39 mph range are somewhat in excess of posted speed limits. 25 There is no accident hi5stur'y rEcar(:JE+d c -in the segment of Prospectors Road from Gulden ;.springs Dr'.iw�-• i -c7 kh(e �a',E�rcro�siny of. the S.R. 60 Fum(z.)na Freeway. Accidont r�i:'t.cs on -',c-, re,111tiining seyn',ents of Prospectors RazAd are below thU c.0Uf tyWi(.ir? tafpected rate of 2.0 -_ir:i- i den is per year. i ndiL,aItE? tF't._ t n'iphr,Fed limit. posted on i'Y"ta5pi-c_ C.(':r''3 I•�;C)::i�:J .i a proper for Ex i st i ric7 r cladwav condi ti Otis. SUNSET CROSSING ROAD - WEST CITY LIMIT TO GOLDEN SPRINGS DRIVE West C:i. t -Y- L:i mi t_-t_u__Ui ALnond _I+fir Pou L evard. No change in the e:; i sti ng 4i> mph speed limit i s recommended. D i ��rnun�i--.----Boulevard Bar _F_•to Golden So - i ngs Drive too change in the e:;isting .':-(;) mph speed limit is recommended. Critical speeds in the 44•-46 mph range are within acceptable limits of posted speed limits from the west city limit to Diamond Ear Boulevard. The accident rate for this segment of Sunset Crossing Road is also substantially below the countywide a>cpected rate for similar roadway characteristics. Critical speeds in the 40-41 mph range are well in excess of posted speed limits from Diamond Bar Boulevard to Golden Springs Drive. Accident rates on this segment of Sunset Crossing Road are also below countywide expected rates for similar roadway characteristics. Sunset Crossing Road is a collector street between Diamond Bar Boulevard and Golden Springs Drive mostly with residential development and numerous back -out driveways. The roadway is on hilly terrain and is constructed can a curvilinear alignment. The Diamond Point Elementary School, .located between Del Sol Lane and Golden Springs Drive, is identified with standard school signs. Installation C, in accordance with Caltrans Traffic Manual, Chapter 10, Figure 10-1. Results of the survey indicate that speed limits posted on Sunset Crossing Road are proper for existing roadway conditions. Additional signing is suggested about midway between Telgate Drive and Del Sol Lane. WALNUT DRIVE - WEST CITY LIMIT TO LEMON AVENUE The recommended safe speed for Walnut Drive is 40 mph. Walnut Drive is established as a 48 foot wide multi -lane arterial roadway providing access to commercial and industrial development along the north side of the Pomona Freeway, S.R. 60. A high 26 ~ percentage of gail/ traffic volumes found on Walnut Drive are large semi -trucks. These vehicles, frequentl/ parked in *he roadway while waiting to enter commercial indusLr1al concerns.; For loading or unloading, bl�ck curb lanes to throuqh traffic, causing motorists to make abrupt and oftentimes high speed lane changes. Critic�l speeJs are in the 44-46 mph range. The accident rate of 1.17 accidents per million vehicle miles (A/MVM) compares favorably to the cou)tyWide expected rate of 2.14 (21/MVM. Results of the survey indicate that it 40 mph speed limit would be a safe and reasonable speed limit for this section of Walnut Drive. A 45 mph speed limit is posted on Walnut Drive in the City of Industry where, there is less abutting development and where Walnut Drive serves as the Pomona Freeway, S.R. 60, north frontage road. WASHINGTON STREET - BREA CANYON ROAD TO NORTHEAST CITY LIMIT The recommended safe speed For Washington Street is 40 mph. Washington street is constructed to secondary highway standards, extending at this time only to -the City of Diamond Bar/City of Industry city limit. Development is non -fronting residential along most of the roadway length. Critical speeds are 41 mph. The accident rate of 1.76 accidents per million vehicle miles (A/MVM) compares favorably to the countywide expected rate of 1.83 A/MVM. Results of the survey indicate that a 40 mph speed limit would be a safe and reasonable speed limit for Washington Street. 27 SPEED LIMIT SIGNING ri .i. Califor'niat moturi E,ti• i ar':.7. .j':11"i'r: I r 4 rc+;� I,,,..i 4: r++_+,i t:.r�E- t:)as3r 15, 25, and 55 mph speed laws and arc ---z to -i --ted ori the <-t.16 jf3Ct when applying for a driver's license. Cun!i>eti;_ia ri t 1 y , !z.pee_d 1 i +nit si cans covering these conditions need not be pust:.ee. ;:)n i_ity _tr .est=. However-, althouLlh not required by law, i.irnli- „ions �c-!r t..t•ii:>se sit.uation�: cnacy be posted on strt3ets wii.h sioni+icant (jai ly ia:•�hii.ct_i:�,r 'traf••4ic_ volumes, or with other applicable? jurat.ificat.:ic)n. It is normal policy to recom;wend thre pasting of speed limit signs only on streets carrying appreciable volumes of through traffic and where such speed 1 imitsa mav be established in accordance with the pruvi pions of the State, Vehicle Code. Speed limit signs shuuld be installed at about one-half mile intervals on thir-oucihi highways. Signs <arp also normally installed on the exit side of traffic signal controlled intersections and the more important intersections where there is higher side street vehicle entry. It is impor•tarit that motorists be given adequate information while riot oversigning, which tends to confL.ise the motorist. In addition to proper signing, it is important that traffic striping and markings be well maintained. Signs and markings riot installed in plain sight and properly maintained are frequently riot seen, and the motorist has unintentionally violated orae or more provisions of the Vehicle Code. Sign condition is important, especially the reflective quality. The California Vehicle Code is very specific in its language describing a Residence District, a Business District, a School Zone, and in Section 40802(b), a Local Street. E-treme care must be taken to insure that questionable streets actually meet the stated provisions or the speed limit posted on the street may not be enforceable. ' Closely related enforcement problems occur when, (a) the highway is posted with inappropriate speed limit signs; (b) the highway is improperly or inadequately posted; or, (c) the highway is not posted nor covered by ordinance and therefore falls under the basic speed law. In any of these situations, the result is a debatable validity which may be questioned in court cases where citations are contested. The report therefore recommends that these deficiencies be corrected. To minimize enforcement problems, it is suggested that (1) traffic signing conform to City Ordinance and the Cal Trans Traffic Manual, and (2) older signs be updated to conform to the latest State Sign Chart. Otherwise, radar is impractical to use in enforcement 0+ all speed limits. 28 ft REFERENCES [aliforn�a Vehi�le Code. l993 Definition, paragraph 235 - Business District 240 - Business and ResidenLia\ District Determination 515 - Residential Ujstrict 627 - Traffic anU Enqineerinu Survev Sections 22347 - Maxinum Speed Limit 22350 - Basic Speed Law 22351 - Speed Law Violations 22352 - Prima Facie Speed Limits 22357 - Increase of Local Limits 22358 - Decrease of Local Limits 22358.5 -Downward Speed Zoning 22359 - Boundary Line Streets 22361 - Multiple -Lane Highways 40801 - Speed Trap Prohibition 408('.)2 - Speed Traps 40803 - Speed Trap Evidence Traffic Engineering Handbook Traffic Manuals (State and Federal) 29 N`�4►ibi£we CERTIFICATE OF CALIBRATION �� RADAR SUN 30 Cerh f icate o f calibration This is to certify that all applicable test and measurements have been made on Model 1!5 a Doppler Traffic Radar Serial No. tQ l Operating Frequency nd. The aforesaid radar meta and exceeds all manufacturer's specifications. Date RHF Inc. IMMO Or, j CA9ftfitil3 r Tuning Fork fertircate of .accuracy 1 This is to certify that on 03 —0`r —0- ,I tuning fork Serial No, -53�G7 4 was tested and found to oscillate at 88 cycles per second. Such i i oscillation causes a doppler radar operating in the hand to read 45 Mph. When operated over the temperature of -22F to +140F no correction is required. I i RHF Inc. 1b�! Kesb Or Wa tirtlMr. CA 99M Signed 31 F2011:LIaRARY HEADQUARTERS TO: JLL 27, 1994 6:34PM #458 P.05 COUNTY OF LOS ANGELES PUBLIC LIBRARY PROPOSED COMMUNITY FACILITIES DISTRICT FOR LIBRARY SERVICES Community information meetings Wil be conducted at the locations listed below to give Information to the public regarding a proposed Community Facilities District which will provide supplemental financing for extended library servioes. Monday, August 1, 1994, 7:00 P.M. Canyon Club 28912 Roadside Dr. Agoura Hills Tuesday, August 2,1994, 7:00 P.M. Carson Community Center, Hap A 3 Civic Plaza Carson (Off Carson east of Avalon) Wednesday, August 3,1994,7:30 P.M. John S. Todd Community CV. Activity Room - Mayfair Park 5720 Clark Ave. Lakewood Monday, August 6,1984, 7:00 P.M. Stanley Kleiner Activity Ctr. Lancaster City Park 43011 N. 10th St. W Lancaster Tuesday, August 9,1994, 7:00 P.M. Veterans Memorial Building 4117 Overland Ave. Culver City (Free parking entrance on Culver Blvd.) k Wednesday, August 10, 1994, 7:00 P.M. East Los Angeles Community Svc. Ctr. 133 N. Sunol Dr. Los Angeles (1 block North of First St. across from Obregon Park) Monday, August 15, 1994, 7:00 P.M. Santa ClarKa City Hail 23920 West Valencia Blvd., Ste. 300 Santa Clarlta Tuesday, August 16,1994, 7:00 P.M. South Et Monte Sr. Citizen's Ctr. 1556 Central Ave. South El Monte Wednesday, August 17,1994, 7:00 P.M. Walnut Community Center Walnut City Hall 21201 La Puente Road Walnut ,-AW OFFICE5 MICHAEL B. MONTGOMERY A LAW CORPORATION 10501 'VALLEY BOULEVARD, SUITE 121 EL MONTE, CALIFORNIA 91731 TELEPHONE (818) 452.1222 FACSIMILE (818) 452-8323 ALSO ADMITTED TO FLORIDA AND HAWAII STATE BARS `I/ OF COUNSEL ALAN R. BURNS JOHN ROBERT HARPER. ORANGE COUNTY OFFICE 453 S. GLASSELL STREET ORANGE, CA 92666 (714) 771-7728 Professional Corporations WENDY D. DAWER MEMORANDUM TO: CITY MANAGER FROM: INTERIM CITY ATTORNF� / d DATE: AUGUST 9, 1994 RE: CAMPAIGN FINANCING RESTRICTIONS You have advised me that Councilwoman Ansari has inquired as to whether Diamond Bar can adopt its own campaign financing regulations. My answer is in the affirmative. Government Code §81013 permits tougher disclosure and contribution laws, than are found in the Political Reform Act. As an example, the cities of Del Mar, Davis, and Walnut, prohibit contributions above $100 or more. Most cities are $500. San Diego has had a $250 limit since 1973. Also, Political Action Committees can be limited, or even prohibited from contributing. RESOLUTION NO. 91-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING CITY COUNCIL STANDARDS OF OPERATION WHEREAS, it is important to the successful operation of any public organization that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization; and WHEREAS, 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, THEREFORE, BE IT RESOLVED by the City of Diamond Bar as follows: CITY Co I'm -UNCIL NORMS OF OPERATION Section 1. OPERATION• M -q -TT -Y -COUNCIL MEETINGS 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 followin; the Flaq Salute, Roll Call and Council Comments. C. No action is to be taken on items raised under Public Comments. Besides oral requests, citizens may also be requested to put concerns in writing, if that the item(s) is to be 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 end of the meeting or contact Council or City Manager. This does not apply to scheduled agenda items. Section 1. C=Y -• 'n ::r,_-- zo ensure that all members of the public have an opportunity to speak, pertaining to issues that are not on t'. -ie meeting agenda, and that the Council is able to complete t e Public's business, there shall be a five-minute limitation cn comments by the public unless otherwise prohibited by law. Tte 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 time 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. The 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 pu&lic or staff at a Council meeting. K. T`:e City Council will, on a quarterly basis, agendize and prioritize those significant items to be scheduled as future -ouncil study session topics. L. :f an applicant submits a new site plan for a development or :.f the City Council requests changes in the submitted site plan, 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. COLNC�,L rage -_! : ee Section 1. - -�•l nr - *y C""'.CIT !, EE 'I•T�3s iCQN , "1 N. All -^_notes Of City Council meetings shall be composed 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 PRESENTATTbNS AT OTHER AGENCIES AND GROUPS A. If a member of the City Council represents the City before another 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 -cuncil Member clarifies that these statements do not represent the position of the City Council. Section 4. CITY COUNCIL RELATIONSHIPS WITH CITY STAFF A. There 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. Section 4 . -- --' ^-r ? :LAT::DNSHIPS W'=4 c:--,y ST.kF- 3--a-f acknowledge that the Council is the City's -,olicy -ak_ng body. The City Council acknowledges that sz.af` admin stars the Council's policies. D. The Council, as the overall policy body, holds the Manager responsible for the administration of the Departments. The overall internal administration by the Ci'! 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 new 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 oP 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. i. 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. �. Tte Mayor's response, when appropriate and the original =:=unication, will be submitted to Council members for their in`ormation. Mail addressed to individual Council Members may to responded to, by that Council Member. {. :,`aff team sensitivity and support is important. Once a final :_vision is reached by the Council, Planning Commission or ^sr City body, it will be accepted, supported and _-plemented 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. CO-NCIL 3A.NCARCS Paye Five section s. TI��TION AND CO' F7 CE*iTTIC*7 (COV' B. :`!e City Council in closed session has provided direction �0 city staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claims or litigation, and/or employee negotiations, all contact with the other party will be the designated City person(s) representing the City in the handling of the negotiations or litigation. A Council `!ember will not have any contact or discussion with the other party or its representative involved with the negotiation during this time and will not communicate any discussion conducted in closed sessions. Section 6. INDIVIDUAL COUNCIL MEMBER RESPONSIRILITIES A. Frequent communication is an important and integral part of Council relationships and will be the standard of operation. B. Respect for each individual Council Members interpersonal style will be a standard of operation. Courtesy and sensitivity to individual points of view will be a standard of operation. C. On areas where Council Members disagree, especially on the process to be used, discussions will occur to facilitate a clear direction. D. Council approach to authority is collegial rather than individual. E. Council Members will keep an open mind on all issues. F. Individual Council Members, on matters pertaining to upcoming or anticipated items where a public hearing will be held, will aintain as near neutral position as possible to assure not only 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 ADOPTED this 3rd day of December c3g� __X Lin -a Burgess, City Clerk of the City of Diamond Bar, do hereby certify _`at the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City Diamond Har held on 3rd day of Cecenber 3. 1991, vote: by the follcwi q AYES: COUNCILMEMBERS: Miller, Forbin g, M/Kim NOES: COUNCIL4EMBERS: None ABSENT: COUNCILMEMBERS: Papen, Werner ABSTAINED: COUNCILMEMBERS:- None LYNOA BURGESS, C1 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 committees of the City Council for review and recomnendation to 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 of this Resolution. 2. The City Council hereby establishes the following committees of the City Council: (i) Personnel; (ii) Parks and Recreation; (iii) Planning and Zoning; and (iv) Finance; and ('✓) Landscaping Districts. 1 _-..._.._ttees of the City Council and members of the C_ sn_>.11 :,e appointed by the Mayor, with the advice an -J =sent of she remaining members of the City Council. 4. The City Manager and City Attorney shall provide suc: staffLng and clerical support as may be deemed required by the committees established hereby. 5. The committees established hereby, and any ad hcc co-,-.i-tees established hereinafter shall review, analyze, rz,or` to the City Council and make recommendations with respect to matters referred to any such committee by the City Council. 6. The City Clerk shall certify to the adoption of this Resolution. J 9 . ADCPTED AND APPROVED this day of Mayor City Clerk of the City cf _ _ar, do hereby certify that the foregoing Resolution was a r=gular't;eeting of the City Council of the City .3r _l3 on the - day of - 1909, :ias finally passed at a regular meeting of the City Council cf Diamond Bar held on the - day of _ 1:39, by the following vote: ON AGENDA ITEM NO. 8.10 NO DOCUMENTATION AVAILABLE INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City Manager��'' 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 disadvatages 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 presence, meeting space which accommodates public attendance and appropriate 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 DISCUSSION (con't): The contraints and burdens placed upon continuing subject matter committee mambers 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.g., Finance/Budget, Personnel. INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City Manager 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)." DISCUSSION: Less than a quorum, that is less than a majority, of a legislative body may have contacts or conversations between members of the legislative body and/or any other purrs, except that there cannot be any use of direct communication, personal intermediaries, 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, Parks 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 (CONT: 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) COMMITTEE DELEGATE ALTERNATE California Contract Cities 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 DeStatano 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, 818-967-3147 Meets 4th Thursday, of each month at 8:00 a.m. at above address. Four -Corners Study Steering Committee Werner Ansari Meets as needed. 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. July 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 Ansari 120 S. Payne Street, Alexandria, Virginia 22314, 703-836-3535 FAX: 703-836-4815 Southeast Mosquito Abatement District MacBride 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, 818 W. 7th St., 12th Floor, Los Angeles, 90017, 213-236-1800 Tom Sykes, Representative 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 ICont'd.) (Effective 7-27-94) Southern California Joint Powers Insurance Authority Miller Harmony 4952 La Palma 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 Papen 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. July 27, 1994 CITY COUNCIL SUB -COMMITTEES (Effective 7-27-94) City of Industry Liaison Meets "as needed" Animal Control Meets "as needed" City on Line Technical Meets "as needed" Code Enforcement Committee Meets was needed" Economic Development Meets "as needed" Entry Signs Meets "as needed" Finance Meets "as needed" Graffiti Meets "as needed" General Plan Advisory Committee Meets 2nd & 4th Tuesdays of each month Historical Committee Meets "as needed" Werner/Ansari Papen/Mii/er Werner Werner/Ansari Ansari/Harmon y Miiier/Papen Werner/Ansari Miiier/Papen Werner/Ansari Miiier/Papen Jones Intercable Werner/Harmony Industry Materials Recovery Facility (IMRF) Harmony/Ansari Library Funding Multi-Cultural/Human Resources Werner/Ansari Personnel Werner/Harmony Meets "as needed" Pomona Unified School District Weiner/Harmony Brenda Engdahi, 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 "as needed" Solid Waste Meets "as needed" Ranch Festival Meets "as needed" Undeveloped Land Entitlements Meets "as needed" Werner/Ansari Harmony/Werner Mii/er/papen Ansari/Harmony Walnut Valley Unified School Dist. Werner/Ansari 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. 8.10 NO DOCUMENTATION AVAILABLE 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.g., "...brought to you by the people of Diamond Bar..." or "...your tax dollars at work for community's betterment...." LAW OFFICES MICHAEL B. MONTGOMERY A LAW CORPORATION 10501 VALLEY BOULEVARD, SUITE 121 EL MONTE, CALIFORNIA 91731 TELEPHONE (818) 452-1222 FACSIMILE (818) 452-8323 ALSO ADMITTED TO FLORIDA AND HAWAII STATE BARS August 9, 1994 Terrance Belanger City Manager City of Diamond Bar 21660 E. Copley Drive Diamond Bar, Ca. 91765 Re: Knott v. State Amici Brief Dear Mr. Belanger: OF COUNSEL ALAN R. BURNS JOHN ROBERT HARPER' ORANGE COUNTY OFFICE 453 S. GLASSELL STREET ORANGE, CA 92566 (714) 771-7728 *Professional Corporations WENDY D. DAWER I recommend that we put the matter of Knott v . State on the Council agenda for the approval of the amicus curse brief. Knott involved involved an unfortunate opinion wherein the employee of the public agency committed a horrible crime under color of authority, but was obviously not performing the public agency business. If allowed to stand, it would impose a liability on a public agency for every act of misconduct committed by a public employee during his or her hours of employment. Very truly yours, MICHAEL B. MON MERY Interim City Attiirney City of Diamond Bar MBM/pp t5an urged on BAN ry,� �4� c conditional use permit on all com- mercial development -- which commercial From B1 �i � 1 L �� requires all projects to be re- , viewed by the council, even those � approved by the Planning Com- aesthetics erode in piecemeal, be- trusion — a building moratorium developmen# fore our general plan is in place." won't be needed, Councilman 5 -,2 7 - 9G At least three of Papen's fellow John Forbing said. By JOSEPH ASCENzi 7/ -VR- 'r council members did not support "We have final Approval any- nyStaff Staffwriter her suggestion. way, so I don't see why we need a DIAMOND BAR -- Council- "It's the big 'M' word," said moratorium," Forbing said. "The woman Phyllis Papen has called Mayor Gary Werner, the only Planning Conutlisston is tough, for a moratorium on all commer- council member to comment on and we can out off a project if we cial development, saying Dia- mond bar is losing much of its Papen's proposal during the meeting. "I share some of your have to, "I think (Papen) suggests rural ambiance as more business- es locate there. concerns, but I don't think I would go that far." filings that aren't really needed." Councllman Jay Kim couldn't According to the proposal, Councilman Paul Horcher said be reached for comment. which Papen made during the City Council's May 15 meeting, all the council needs to continue bal- ancing environmental needs with Despite the opposition, Papen vowed to carry on her fight even commercial development would stop until the city's general plan business needs, not favor one at the exclusion of the other. without support from the rest of the council, calling for more land - committee finishes its work, prob- ably in the fall of 1881. "I think "'a out there all by herself on this one," said Horch- scaping around commercial db - velopments and more space be - "We're doing tligs now with er, who said he would never favor twean streets and buelneaaw, no gwdellnes, and we're making to have to a moratorium, "I think we're there to control development, not "i think we need to talk about, a* PMlatg nosaiB decisions we're going live with for the next 30 or 40 stop it entirely." Wsf public hea11 " years," Fapen said Monday. AS long as the city requires a levels." Ideally, the city's generalpplan committee would include aell etr is guidelines, particularly rules on the size and location of signs, in its final product, Papen said. "What I want are some guide, lines before we go on building .. . it seems like we're letting our 10leeae see BAN ► BI RESOLUTION NO. 94-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT SCH NO. 92081040 AND APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 32400, TO DEVELOP A 91 UNIT SUBDIVISION, LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER ROAD, IN DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals (i) Arciero and Sons, INC., 950 N. Tustin Avenue, Anaheim, California (the "Applicant" hereinafter), has heretofore filed an application for approval of Vesting Tentative Tract Map No. 32400 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Vesting Tentative Tract Map No. 32400 shall be referred to as the "Application. " (ii) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted, by ordinance, the Los Angeles County Code as the ordinances of the City of Diamond Bar. Titles 21 and 22 of the Los Angeles County Code, as amended, contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. (iii) The City Council of the City of Diamond Bar conducted duly noticed public hearings on the Project and its environmental documentation on September 14, 1993; September 28, 1993; October 3, 1993; November 16, 1993; May 2, 1994; May 9, 1994, May 31, 1994; June 1, 1994, June 3, 1994, June 6, 1994, and concluded the public hearings on June 13, 1994 on the subject matter of the Application. (iv) The City of Diamond Bar lacks an operative General Plan. Action was taken on this application, as to consistency to the proposed General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension of Time granted pursuant to California Government Code Section 65360 and 65361(a). (v) All legal prerequisites to the adoption of this Resolution have occurred. 1113s, NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds that the Final EIR was presented to the City Council, and that the City Council reviewed and considered the information contained therein prior to deciding upon any aspect of the Project, and based thereon, so certifies that Environmental Impact Report No. SCH 92081040 has been prepared for this project in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and further that said Environmental Impact Report No. SCH 92081040 reflects the independent judgment of the City of Diamond Bar. Additionally, the City Council certifies the Final EIR as complete and adequate in that it fully addresses all environmental effects of the Project and fully complies with the requirements of CEQA and Guidelines. 3. The City Council hereby specifically finds and determines, based on the findings set forth below, that changes and alterations have been required in or incorporated into and conditioned upon the project specified in the application, which mitigate or avoid significant adverse environmental impacts identified in said Final EIR No. SCH 92081040 except as to those effects which are identified and made the subject of a Statement of Overriding Considerations which this City Council finds are clearly outweighed by the economic, social and other benefits of the proposed project, as more fully set forth in the Statement of Overriding Considerations. 4. The City Council hereby adopts the Findings of Facts and Statement of Overriding Considerations and Mitigation Reporting and Monitoring Program attached hereto as Exhibits "A" and "B" and hereby incorporated by reference. 5. The Applicant shall make payment of any and all fees which the Department of Fish and Game may require to be paid prior to the issuance of any building permit or further entitlement. 6. The approval of this Vesting Tentative Tract Map No. 32400 is contingent upon all other approvals associated with this project. 7. Based on substantial evidence presented to this Council during the above - referenced public hearings, including written and oral staff reports, public testimony and the record of the Application, this City Council hereby specifically finds as follows: 2 RESOLUTION NO. 94-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR FOR THE CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT SCH NO. 92081040 AND APPROVAL OF HILLSIDE MANAGEMENT ORDINANCE CONDITIONAL USE PERMIT NO. 91-5 FOR LAND FORM MODIFICATIONS AND OAK TREE REMOVAL PERMIT' NO. 91-2, INVOLVING THE REMOVAL OF 276 COAST LIVE OAKS WITH REPLACEMENT BOTH ON AND OFF THE PROJECT SITE ASSOCIATED WITH THE DEVELOPMENT OF VESTING TENTATIVE TRACT MAP NO. 32400, LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER ROAD IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals (i) Arciero and Sons, Inc., 950 North Tustin, Anaheim, CA 92807; (the "Applicant" hereinafter), has heretofore filed an application for approval Hillside Management Ordinance Conditional Use Permit for land form modifications and Oak Tree Removal Permit involving the removal of 276 coast live oaks with replacement both on and off the project site as described in the title of this Resolution. Hereinafter in this Resolution, the subject project shall be referred to as the "Application". (ii) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted, by ordinance, the Los Angeles County Code as the ordinances of the City of Diamond Bar. Titles 21 and 22 of the Los Angeles County Code, as amended, contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. (iii) The City of Diamond Bar lacks an operative General Plan. Action was taken on this application, as to consistency to the proposed General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension of Time granted pursuant to California Government Code Section 65360 and 65361(a). (iv) The City Council of the City of Diamond Bar conducted duly noticed public hearings on the Project and its environmental documentation on September 14, 1993; September 28, 1993; October 3, 1993; November 16, 1993; May 2, 1994; May 9, 1994, May 31, 1994; June 1, 1994, June 3, 1994, June 6, 1994 and concluded the public hearings on June 13, 1994 on the subject matter of the Application. (v) As established in the January 25, 1993, Staff Report the South Pointe Master Plan including this Tentative Tract, is consistent with the Hillside Management Ordinance. Staff Report Section III F, Compliance with the Hillside Ordinance, provides an application analysis illustrating conformity with the specific guidelines and/or standards contained within the Hillside Ordinance. The Conditional Use Permit for the Hillside Ordinance is granted pursuant to this action. (vi) As identified as a mitigation measure in the EIR, (Biological Resources) prior to initiation of grading activities, the project applicant(s) shall implement the conditions of approval for an Oak Tree Permit in accordance with Part 16, Chapter 22.56 of Title 22 of the Los Angeles County Code. This Oak Tree Permit is granted pursuant to this action. (vii) On October 26, 1992, January 25, February 8, February 22, February 25, April 12, April 26 and May 10, 1993, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Application. (viii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds that the Final EIR was presented to the City Council, and that the City Council reviewed and considered the information contained therein prior to deciding upon any aspect of the Project, and based thereon, so certifies that Environmental Impact Report No. SCH 92081040 has been prepared for this project in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and further that said Environmental Impact Report No. SCH 92081040 reflects the independent judgment of the City of Diamond Bar. Additionally, the City Council certifies the Final EIR as complete and adequate in that it fully addresses all 2 environmental effects of the Project and fully complies with the requirements of CEQA and Guidelines. 3. The City Council hereby specifically finds and determines, based on the findings set forth below, that changes and alterations have been required in or incorporated into and conditioned upon the project specified in the application, which mitigate or avoid significant adverse environmental impacts identified in said Final EIR No. SCH 92081040 except as to those effects which are identified and made the subject of a Statement of Overriding Considerations which this City Council finds are clearly outweighed by the economic, social and other benefits of the proposed project, as more fully set forth in the Statement of Overriding Considerations. 4. The City Council hereby adopts the Findings of Facts and Statement of Overriding Considerations and Mitigation Reporting and Monitoring Program attached hereto as Exhibits "A" and "B" and hereby incorporated by reference. 5. The applicant shall make payment of any and all fees which the Department of Fish and Game may require to be paid prior to the issuance of any building permit or further entitlement. 6. The Hillside Management Ordinance Conditional Use Permit is required by Section 18 of the City of Diamond Bar Hillside Management Ordinance. 7. Based on substantial evidence presented to this Council during the above - referenced public hearing, including written and oral staff reports, public testimony and the record of the Application, this Council hereby specifically finds as follows: (a) The Application applies to a parcel located within the South Pointe Master Plan area generally described as being situated west of the Orange (SR -57) Freeway and Brea Canyon Road, east of the corporate boundaries of the City (Tract 27141) and Morning Sun Avenue, north of Pathfinder Road and the adjacent existing residential area (Tract 32576) and south of existing residential and vacant land located southerly of Golden Springs Drive. (b) Surrounding properties' General Plan and land use designations are: East: 57 Freeway/Brea Canyon Road; South: OS/Open Space; West: RL/Single Family Res.; S/Middle School North: RLM/Single Family Res. (c) The Application is for a Hillside Management Ordinance Conditional Use Permit and Oak Tree Removal Permit and is compatible with the objectives, policies and programs specified because the parcels and land uses proposed by the project are consistent with statistical analysis and development standards contained within the South Pointe Master Plan. The Application is for one of three Oak Tree Removal Permits within the South Pointe Master Plan area involving the removal of 276 Coast Live Oak Trees over 3 inches or more in diameter at a height of five foot, preservation of 57 Coast Live Oak Trees on the project site and replacement of removed trees at a 2:1 ratio or 552 oak trees both on and off the South Pointe Master Plan site. (d) The site is physically suitable for the type of development proposed and has access to public highways and streets. Further, the property shall be served by sanitary sewers, provided with water supply and distribution facilities with sufficient capacity to meet anticipated domestic and fire protection needs and shall have geologic hazards and flood hazards mitigated in accordance with the requirements of the Department of Public Works of the County of Los Angeles. (e) The design of the project and of the proposed improvements will not cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or to their habitat, and while the proposed development will have a significant adverse effect on biological resources oak tree mitigation measures have been included as project conditions to reduce the impact of oak tree loss and a Statement of Overriding Considerations has been adopted on those unavoidable impacts. (f) The permitted improvements will not cause serious public health problems, since sewage disposal, storm drainage, public services and geological and soils factors are addressed in the Tentative Tract conditions of approval filed concurrently with this project. (g) Vesting Tentative Tract No. 32400 involves the development of 91 single family residential dwelling units. The project also provides for the provision of necessary infrastructure and public services to 4 the development and for the payment of fees to mitigate the impacts of the development upon the City and its residents. (h) The land uses contained within the project are residential and open space, as permitted in the zone and comply with all applicable provisions of the City of Diamond Bar Municipal Code. In addition, the land uses, subdivision design and subsequent grading are compatible with the surrounding built environment and are consistent with the goals and policies of the Hillside Management Ordinance as discussed in the January 25, 1993, staff report Section III F. (i) The proposed development and grading plan will not impair the integrity and character of the zone in which they are to be located because the development proposal includes similar standards to those existing in adjacent neighborhoods. (j) The City of Diamond Bar ("City") accepted and subsequently processed an application for numerous land use entitlements upon an approximately 171 acre property within the City, comprised of multiple real property ownership interests, including Arciero and Sons, Inc., R/N/P Development, Inc., the Walnut Valley Unified School District ("District") and the City, collectively identified as the South Pointe Master Plan ("Project"). (k) The City determined that the Project and those discretionary actions identified therein or required thereunder constituted a "project" pursuant to the California Environmental Quality Act, as amended ("CEQA") and the Guidelines for the Implementation of the California Environmental Quality Act ("Guidelines"). (1) The City, based upon the preliminary findings contained in an Initial Study prepared by the City, determined that the Project could result in significant environmental impacts, commenced preparation of an environmental impact report ("EIR") and prepared and disseminated a Notice of Preparation ("NOP"). (m) On November 30, 1992, pursuant to the noticing obligations delineated in Guidelines, the City prepared and disseminated both a Notice of Completion ("NOC") and the Draft Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 ("Draft EIR"), commencing a 45 -day review period which concluded on January 14, 1993. 5 (n) The City published legal notice regarding the availability of the Draft EIR and solicited public comments thereupon in the San Gabriel Valley Tribune and Inland Valley Bulletin on December 3, 1992. (o) On January 7, 1993, the City's Parks and Recreation Commission held a noticed public meeting to discuss the Project and the Draft EIR. On January 14, 1993, the City's Traffic and Transportation Commission conducted a noticed public meeting to discuss the Project and the Draft EIR. (p) Noticed public meetings were conducted by the City of Diamond Bar Planning Commission on December 14, 1992; January 25, 1993; February 8, 1993; May 10, 1993; May 17, 1993; May 23, 1993 and May 24, 1994. (q) On May 24, 1993, the City of Diamond Bar Planning Commission adopted a resolution recommending to the City of Diamond Bar City Council approval of the Project and certification of the Draft EIR. (r) The City of Diamond Bar City Council conducted noticed public hearings on the Project and its environmental documentation on September 14, 1993; September 28, 1993; October 3, 1993; November 16, 1993; May 2, 1994; May 31, 1994 and June 3, 1994. On June 3, 1994, the City of Diamond Bar City Council certified the Draft EIR ("Final EIR"), but elected to take no action upon the Project. (s) On June 4, 1994, the City prepared a Notice of Determination ("NOD") documenting its actions certifying the Final EIR and posted the NOD at the office of the County Clerk and forwarded a copy of the NOD to the State Clearinghouse, in the form and manner prescribed under CEQA and Guidelines. (t) The Final EIR consists of the following documents: (1) Annotated Draft EIR (November 1992, annotated May 1994); (2) Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan (February 18, 1993); (3) Technical Appendix -Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan (May 18, 1993); (4) Volume H -Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan (November 1993); (5) Volume III -Response to Comments on the Draft Environmental 2 Impact Report for the South Pointe Master Plan (May 1994); (6) City of Diamond Bar Planning Commission staff reports, minutes and public testimony; and (7) City of Diamond Bar Council staff reports, minutes and public testimony. (u) Following certification of the Final EIR, the City Council conducted additional public hearings and meetings to consider each of the discretionary actions identified therein. On July 5, 1994, the City Council directed staff to prepare findings of fact, a statement of overriding considerations, a mitigation reporting and monitoring program and a revised NOD, in furtherance of those disclosure obligations contained in CEQA and Guidelines, authorizing the City Council to take subsequent actions upon all or a portion of the Project, including the alternatives identified in the Final EIR. 8. Based upon substantial evidence presented to this Council during the above -referenced public hearing and upon the specific findings of fact set forth above, pursuant to the provisions of California Government Code 65360 and 65361 (a), the Council hereby finds and determines as follows: (a) The proposed project is in conformity with the City's Draft and proposed General Plan. The project has been processed in accordance with provisions of Ordinance 4 (1992) of the City of Diamond Bar. The project is in conformance with the 1992 General Plan in which the project is vested. (b) The Application as proposed complies with all other applicable requirements of State law and the City of Diamond Bar zoning and subdivision ordinances. 9. Based on the findings and conclusions set forth herein, the City Council hereby approves the Application subject to the conditions which are set forth in Exhibit "C" hereto and are incorporated by reference. 10. The City Clerk is hereby directed to : (a) certify to the adoption of this Resolution and, (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to the applicant: Arciero and Sons, Inc., 950 North Tustin, Anaheim, CA 92807. 7 Approved and adopted this the 18th day of October, 1994 by the City Council of the City of Diamond Bar. I'-V&q Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 18th day of October, 1994, by the following vote -to -wit: AYES: [COUNCIL MEMBERS:] Ansari, Papen, M/Wemer NOES: [COUNCIL MEMBERS:] Harmony ABSTAIN: [COUNCIL MEMBERS:] ABSENT: [COUNCIL MEMBERS:] Miller ATTEST: City Clerk of the City of Diamond Bar C:\LETTERS\RESOLTN\VM32400.RES 8 (a) The Application applies to a parcel generally described as being situated west of the Orange (SR -57) Freeway and Brea Canyon Road, east of the corporate boundaries of the City (Tract 27141) and Morning Sun Avenue, north of Pathfinder Road and the adjacent existing residential area (Tract 32576) and south of existing residential and vacant land located southerly of Golden Springs Drive, consisting of 47.4 acres, and zoned R-1 15,000. (b) Surrounding properties' zoning and land use are: East: Brea Canyon Road and 57 Freeway; South: RPD 10,000 6U/vacant; West: R-115,000/School; North: R-1 8,000/single family residential (c) The Application is for a 91 residential lot subdivision to construct 91 single family units and common open space lots and the site is physically suitable for the proposed density of development. (d) The site is physically suitable for the type of development proposed and has access to public highways and streets. Further, the property shall be served by sanitary sewers, provided with water supply and distribution facilities with sufficient capacity to meet anticipated domestic and fire protection needs and shall have geologic hazards and flood hazards mitigated in accordance with the requirements of the Department of Public Works of the County of Los Angeles. (e) As conditioned, the design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or to their habitat, and while the proposed development will have a significant adverse effect on biological resources oak tree mitigation measures have been included as project conditions to reduce the impact of oak tree loss and a Statement of Overriding considerations has been made on these unavoidable impacts. (f) Neither the design of the subdivision nor the types of improvements will cause serious public health problems, since sewage disposal, storm drainage, public services and geological and soils factors are addressed in the conditions of approval appended hereto. (g) The subject site lies within the 1992 General Plan RL/PD (Low Density, 3 du/ac, Residential Planned Development) land use designation and the proposed map is consistent with the 1992 General Plan and will not be in conflict with the proposed 3 contemplated General Plan, which maintains the same Land Use classification of RL (Low Density, 3 du/ac). (h) The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities. The design of the subdivision is based on the size and shape of the parcel. (i) The proposed. subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. (j) The subdivision and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of public entity and/or public utility rights-of- way and/or easements within the area covered by said map, since the design and development as set forth in the conditions of approval and on the tentative map provide adequate protection for any such easements. (k) The discharge of sewage from this subdivision into the public sewer system will not violate requirements of the California Regional Water Quality Control Board pursuant to Division 7 (Sections 13000, et seq.) of the California Water Code. (1) The housing needs of the region have been considered and balanced against the public service needs of local residents and available fiscal and environmental resources. (m) On October 26, 1992, January 25, February 8, February 22, February 25, April 12, April 26 and May 10, 1993, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Application. (n) The City of Diamond Bar ("City") accepted and subsequently processed an application for numerous land use entitlements upon an approximately 171 acre property within the City, comprised of multiple real property ownership interests, including Arciero and Sons, Inc., R/N/P Development, Inc., the Walnut Valley Unified School District ("District") and the City, collectively identified as the South Pointe Master Plan ("Project"). (o) The City determined that the Project and those discretionary actions identified therein or required thereunder constituted a "project" pursuant to the California Environmental Quality Act, as amended ("CEQA") and the Guidelines for the Implementation of the California Environmental Quality Act ("Guidelines"). 4 (p) The City, based upon the preliminary findings contained in an Initial Study prepared by the City, determined that the Project could result in significant environmental impacts, commenced preparation of an environmental impact report ("EIR") and prepared and disseminated a Notice of Preparation ("NOP"). (c) On November 30, 1992, pursuant to the noticing obligations delineated in Guidelines, the City prepared and disseminated both a Notice of Completion ("NOC") and the Draft Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 ("Draft EIR"), commencing a 45 -day review period which concluded on January 14, 1993. (r) The City published legal notice regarding the availability of the Draft EIR and solicited public comments thereupon in the San Gabriel Valley Tribune and Inland Valley Bulletin on December 3, 1992. (s) On January 7, 1993, the City's Parks and Recreation Commission held a noticed public meeting to discuss the Project and the Draft EIR. On January 14, 1993, the City's Traffic and Transportation Commission conducted a noticed public meeting to discuss the Project and the Draft EIR. (t) Noticed public meetings were conducted by the City of Diamond Bar Planning Commission on December 14, 1992; January 25, 1993; February 8, 1993; May 10, 1993; May 17, 1993; May 23, 1993 and May 24, 1994. (u) On May 24, 1993, the City of Diamond Bar Planning Commission adopted a resolution recommending to the City of Diamond Bar City Council approval of the Project and certification of the Draft EIR. (v) The City of Diamond Bar City Council conducted noticed public hearings on the Project and its environmental documentation on September 14, 1993; September 28, 1993; October 3, 1993; November 16, 1993; May 2, 1994; May 31, 1994 and June 3, 1994. On June 3, 1994, the City of Diamond Bar City Council certified the Draft EIR ("Final EIR"), but elected to take no action upon the Project. (w) On June 4, 1994, the City prepared a Notice of Determination ("NOD") documenting its actions certifying the Final EIR and posted the NOD at the office of the County Clerk and forwarded a copy of the NOD to the State Clearinghouse, in the form and manner prescribed under CEQA and Guidelines. 5 (x) The Final EIR consists of the following documents: (1) Annotated Draft EIR (November 1992, annotated May 1994); (2) Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan (February 18, 1993); (3) Technical Appendix -Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan (May 18, 1993); (4) Volume II -Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan (November 1993); (5) Volume III -Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan (May 1994); (6) City of Diamond Bar Planning Commission staff reports, minutes and public testimony; and O City of Diamond Bar Council staff reports, minutes and public testimony. (y) Following certification of the Final EIR, the City Council conducted additional public hearings and meetings to consider each of the discretionary actions identified therein. On July 5, 1994, the City Council directed staff to prepare findings of fact, a statement of overriding considerations, a mitigation reporting and monitoring program and a revised NOD, in furtherance of those disclosure obligations contained in CEQA and Guidelines, authorizing the City Council to take subsequent actions upon all or a portion of the Project, including the alternatives identified in the Final EIR. 8. Based upon substantial evidence presented to this Council during the above -referenced public hearing and upon the specific findings of fact set forth above, pursuant to the provisions of California Government Code 65360 and 65361 (a), the Council hereby finds and determines as follows: (a) The action proposed (Vesting Tentative Map) was initiated and processed in accordance with the provisions of Ordinance No. 4 (1992) of the City of Diamond Bar and pursuant to the Extension of Time conditions, granted to the City of Diamond Bar by the Office of Planning and Research. (b) The Application as proposed and conditioned herein complies with all other applicable requirements of State law and local ordinances. 9. Based on the findings and conclusions set forth herein, this City Council hereby approves the Application subject to the following conditions which are set forth in Exhibit "C" hereto and are incorporated by reference. 10. The City Clerk is hereby directed to: (a) to certify to the adoption of this Resolution and, (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to Arciero and Sons, Inc., 950 N. Tustin Avenue, Anaheim, California 92807. Approved and adopted this the 18th day of October, 1994 by the City Council of the City of Diamond Bar. WA Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 18th day of October, 1994, by the following vote -to -wit: AYES: [COUNCIL MEMBERS:] Ansari, Papen, M/Werner NOES: [COUNCIL MEMBERS:] Harmony ABSTAIN: [COUNCIL MEMBERS:] ABSENT: [COUNCIL MEMBERS:] Miller ATTEST: City Clerk of the City of Diamond Bar h October 18, 1994 EXHIBIT A FINDINGS AND FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH POINTE MASTER PLAN STATE CLEARINGHOUSE NO. 92081040 Section 15091 of the Guidelines for the Implementation of the California Environmental Quality Act ("Guidelines"), promulgated pursuant to the California Environmental Quality Act, as amended ("CEQA"), and codified in the California Code of Regulations, provide as follows: (a) No public agency shall approve or carry out a project for which an environmental impact report ("EIR") has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes, have been adopted by such other agency or can and should be adopted by such other agency. IMs finding shall be referred to as finding (2).1 (3) Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Pursuant to Section 15091(b) of the Guidelines, the required findings shall be supported by substantial evidence in the administrative record. Resolution-1?M No. 32400 1 Page 1 The Final Environmental Impact Report for the South Pointe Master Plan, State Clearinghouse No. 920181040 ("Final EIR") was certified by the City Council of the City of Diamond Bar on June 3, 1994, in that body's capacity as the decision-making body of the Lead Agency. The Final EER, prepared in accordance with CEQA and the Guidelines, analyzed the direct, indirect and cumulative environmental impacts resulting from the implementation of the proposed South Pointe Master Plan Project, including each of the elements and activities authorized thereunder ("Project"). The Final EIR identifies a number of significant or potentially significant effects on the environment which may occur as a result of the Project. Although the City of Diamond Bar ("City") certified the Final EIR, pursuant to Section 15090 of Guidelines and subsequently prepared and posted a Notice of Determination of that action as required under Section 15094 of Guidelines, the City did not approve, conditionally approve or deny the Project or any of the alternatives identified in the Final EIR. Following its consideration of the Final EIR, the City has elected to approve Vesting Tentative Tract Map No. 32400 and defer subsequent actions on Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253. in taldng this action, the City has approved a development scenario which closely represents, but does not directly equate with Alternative No. 2 - East/West Canyon Preservation, as more thoroughly described in the Volume III -Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan, included as a component of the Final EER. The approval of Vesting Tentative Tract Map No. 32400, including any and all related discretionary actions, approvals and entitlements requisite to the construction and occupancy of that subdivision map ("Alternative Project") will produce direct, indirect and cumulative environmental effects which correspond to those effects identified for Alternative No. 2 - EastlWest Canyon Preservation, as described in the Final EIR. Although there presently exists other pending applications for discretionary actions within the geographic area of the Project which are independent of and distinct from Vesting Tentative Tract Map. No. 32400, the City has elected to defer final approval, conditional approval or denial of those separate applications. As a result, the City's actions concerning the Alternative Project are not intended to foreclose or otherwise limit other future actions that the City may take concerning other components of the Project., Although the Alternative Project area contains the same geographic boundaries as contained within the Project site, the Alternative Project represents an alternative which is separate and distinct from the Project more thoroughly described therein. In distinguishing the Alternative project from the Project, the Alternative Project includes: (1) the development of up to ninety-one (91) single-family detached dwelling units within the area of Vesting Tentative Tract Map No. 32400, in the size, location and of the configuration generally depicted in the Final EIR; (2) the deferral of action on Vesting Tentative Tract Map No. 51407, resulting in the retention of the area comprising that subdivision map application as undeveloped open space, pending its subsequent reconsideration for an alternative land use (which reconsideration would be separate and distinct from the actions of the City as supported by these findings); and (3) the deferral of action on Tentative Tract Map No. 51253, resulting in the retention of the area Resolution-WM No. 32400 2 Page 2 comprising that subdivision map application as undeveloped open space, pending its subsequent reconsideration for an alternative land use (which reconsideration would be separate and distinct from the actions of the City as supported by these findings). Approval of Vesting Tentative Tract Map No. 32400 will allow an intensification of that portion of the Project site which is encompassed by that subdivision map. As a result, reference to the Alternative Project herein equates to the above described actions, all subsequent actions and activities which logically and reasonably follow as direct or indirect consequences thereof, including (but not limited to) all requisite entitlements and associated approval from both the Lead Agency and those Responsible Agencies and Trustee Agencies with jurisdiction under law over the Project site or the resources contained thereupon, and all direct, indirect and cumulative environmental effects which may occur as a result of those actions or activities. By certifying the Final EER and adopting the Alternative Project, the City is provided an environmental basis under CEQA and Guidelines to approve the proposed vesting tentative map and to issue all applicable permits and related actions under the authority of the Lead Agency requisite to the construction of building pads, the provision of needed services and facilities and the construction of those improvements contemplated in the Final EIR. These findings, prepared by the City in its capacity as a Lead Agency, set forth the environmental basis for subsequent discretionary actions to be undertaken by the City to implement those activities precedent to the implementation of the Alternative Project. Section 1 of the Findings and Facts in Support of Findings and Statement of Overriding Considerations Regarding the Final Environmental Impact Reportfor the South Pointe Master Plan, State Clearinghouse No. 920181040 ("Findings") sets forth findings regarding the significant or potentially significant environmental impacts identified in the Final EIR which, as a result of geographic area or other considerations, do not relate to those activities which may be undertaken or authorized by the City under the Alternative Project. Section 2 sets forth finding regarding the significant or potentially significant environmental impacts identified in the Final EIR which cannot feasibly be mitigated to a level which is not significant. Section 3 sets forth findings regarding the significant or potentially significant environmental effects of the Alternative Project which can feasibly be mitigated to a leyZl which is not significant. Section 4 provides findings regarding the Project and other alternatives to the Project or to the Alternative Project discussed in the Final EER. Section 5 sets forth mitigation measures for the Project which have been proposed, but not adopted by the City as conditions of approval for the Alternative Project, and states the reasons that the City determined not to adopt these mitigation measures. Section 6 contains findings regarding the Mitigation Reporting and Monitoring Program (Exhibit W) for the Alternative Project. Section 7 provides the findings required under Section 21151.8 of the Public Resources Code. Section 8 consists of a Statement of Overriding Considerations which sets forth the City's specific reasons for finding that the benefits of the Alternative Project outweigh its unavoidable environmental effects. As applicable for each of the above referenced sections, the significant or potentially significant effects, resulting from the implementation of the Alternative Project, upon Resoiwion-VIM No. 32400 3 Page 3 each of the topical issues examined in the Final EIR, have been referenced therein. Following each effect, the City identifies the findings of facts which constitute the basis for the City's actions. The findings set forth in each section herein are supported by findings of facts identified in the Final EIR and/or established in the administrative record of the Project. Resohrdon-WM No. 32400 4 Page 4 POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS IDENTIFIED IN THE FINAL ENVIRONMENTAL IMPACT REPORT WHICH DO NOT RELATE TO THE ALTERNATIVE PROJECT OR TO THOSE ACTIVITIES AUTHORIZED THEREUNDER The Final EIR encompasses both a geographic area and range of development activities inclusive of and in exceedance of that area and those activities encompassed by the approvals or conditional approvals of the City for the Alternative Project. Since the approvals and subsequent activities contemplated under the Alternative Project constitutes only an incremental component of those approvals and those activities defined by the entire Project and since specific environmental impacts identified in the Final EIR result from either the totality of the Project or specific element thereof, a number of the environmental impacts identified in that document are either not germane to the Alternative Project or, if germane, will manifest to a lesser degree than envisioned in the Final EIR. As a result, the City has determined that the following impacts, as identified in the Final EIR, are either not attributable to those areas or activities of the Alternative Project which are within the purview of the City or will not occur or otherwise manifest through the implementation of the Alternate Project selected by the City and addressed by these findings. 1.1 Land Use 1.1.1 Potential Effect: The introduction of commercial/office land uses in close proximity to proposed residential units may produce potential land use conflicts (e.g., noise, light/glare) based upon differences in the operational characteristics of those uses. Findings: The City hereby makes finding (1). Facts in _Support of Finding : The following facts and/or measures are presented in support of these findings: (a) No commercial/office development activities, as identified in the South Pointe Master Plan, are authorized by the City under the Alternative Project or may directly or indirectly result from the implementation of those activities to be undertaken by the project proponent(s) as a result of the actions by the City. (b) Residential and associated development activities authorized under the Alternative Project are consistent with existing and planned adjoining land uses and will neither adversely and significantly impact those adjoining land uses nor expose occupants to any adverse and significant effects as a result of that proximity. Resolution -WV No. 32400 5 Page 5 (c) Since implementation of the Alternative Project will not result in the introduction of land uses not presently in existence in the Project area, no land use conflicts with existing or planned uses are anticipated to occur. 2 SIGNIFICANT OR POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS IDENTIFIED IN THE FINAL ENVIRONMENTAL IMPACT REPORT THAT CANNOT FEASIBLY BE MITIGATED TO A LEVEL WHICH IS NOT SIGNIFICANT The City has determined that mitigation measures and proposals included in the Final EIR and adopted by the City will result in a substantial mitigation of potential environmental effects identified in the Final EIR. Since the Alternative project will occur within that geographic area analyzed in the Final EIR and since Alternative Project development will incrementally contribute to those conditions which may predicate the creation of significant or potentially significant environmental effects as identified in the Final EIR, the City finds that the following significant or potentially significant environmental impacts identified in the Final EIR may continue to exist as a result of those activities authorized under the Alternative Project. 2.1 Earth 2.1.1 Potential Effect: Implementation of the Alternative Project will result in landform alterations in the vicinity of those grading activities, as required to create the building pads and systems for that development activity authorized thereunder. Finding: The City hereby makes finding (1). Facts .n =grt of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Landform alterations shall be confined to those area needed to accommodate the building pads and associated improvements, as represented in Vesting Tentative Tract Map No. 32400, and, to the maximum extent feasible, shall be confined to the geographic area represented by that subdivision map. (b) The resulting land use is consistent with those existing and proposed uses located in proximity to the Alternative project site, will not adversely impact those uses and will not narrow or otherwise foreclose the development of allowable uses upon those properties. ResoWion-VM No. 32400 6 Page 6 (c) By implementing the Alternative Project, a significant percentage of the Project site will be retained in its existing, natural condition; thereby, limiting the potential visual and related effects associated with this landform alteration. (d) Based upon the analysis presented in the Final EIR, the following mitigation measure has been identified and made a condition of Alternative Project approval: All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City of Diamond Bar and/or County of Los Angeles standards and shall conform with recommendations contained in the Preliminary Soils Engineering Investigation for Tentative Tract No. 32400, County of Los Angeles, California (Petra Geotechnical Incorporated, October 19, 1988) and such other geotechnical reports as may be prepared for the site and/or required by the City and/or County. 2.2 Biological Resources 2.2.1 Potential Effect: Alternative Project development may necessitate the removal of approximately 276 specimen -sized oak trees presently located within and adjoining the areas where grading operations and associated activities are anticipated. Findings: The City hereby makes findings (1) and (2). Facts in Sunvort of Fin_diU: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Based upon the potential existence of oak trees (genus Quercus) within the Project site, a number of surveys of the project site were conducted by qualified arborists, in accordance with the methodologies established in Part 16 -Chapter 22.56 of Title 22 (Planning and Zoning Code) of the Los Angeles County Code. Those survey reports, resulting therefrom, were incorporated by reference in the Final EIR pursuant to Section 15150 of Guidelines and include, but are not limited to, the findings of a field reconnaissance of the area of Vesting Tentative Tract Map No. 32400, entitled Oak Thee Report (Ted L. Hanes, Ph.D., Certified Arborist No. 563, April 4, 1991). (b) Should implementation of the Alternative Project impact any oak trees which meet the standards contained in Part 16 -Chapter 22.56 of Title 22 (Planning and Zoning Code) of the Los Angeles County Code, or any similar ordinance enacted by the City prior to the commencement of grading operations, the project proponent(s) shall mitigate any impacts to those trees in the manner and in accordance with the replacement ratio identified therein. Resolution-WM No. 32400 7 Page 7 (c) Based upon the analysis presented in the Final. EIR, the following revised mitigation measure has been identified and made a condition of Alternative Project approval: Prior to the initiation of grading activities, the project proponents) shall formulate and the City shall review and, upon acceptance by the City, approve an implementation strategy for oak tree mitigation, in accordance with Part 16 - Chapter 22.56 of Title 22 (Planning and Zoning Code) of the Los Angeles County Code, or similar ordinance enacted by the City prior to the commencement of grading operations, including a performance schedule for compliance with all conditions imposed upon the recipient(s) of that permit(s) issued by the City of Diamond Bar. 2.3 Air Quality 2.3.1 Potential Effect: During construction operations, projected nitrogen oxide emissions are anticipated to exceed established criteria for significance. Based on information presented in the Final EIR for the Project, long-term emissions for both carbon monoxide and nitrogen oxides are projected to exceed SCAQMD threshold values. Finding: The City hereby makes finding (1). Facts in SuDvort of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) In accordance with the methodologies contained in the South Coast Air Quality Management District's ("SCAQMD") CEQA Air Quality Handbook (SCAQMD, April 1993) and as extrapolated based upon information contained in the Final EIR, the volume and intensity of grading activities requisite to the development of the Alternative Project will result in an exceedance of established threshold criteria for nitrogen oxides. Based upon the reduced scale of development authorized under the Alternative Project (im bomparison with the Project), long- term emission projections for carbon monoxide will, however, fall below threshold values for significance as established by the SCAQMD. (b) All grading and associated activities to be conducted in furtherance of. the Alternative Project will be conducted in a manner consistent with an approved grading plan and sound engineering practices. These efforts will minimize delays in the finalization of these activities and will produce a cessation of these activities within the shortest possible time frame. (c) Pursuant to the noticing obligations of CEQA and Guidelines, the SCAQMD has submitted to the City and the City has reviewed and considered numerous mitigation measures which are designed to minimize potential air quality impacts associated with both the construction and operational phases of development activities. Based upon that information, the Resolution -VM No. 32400 8 Page 8 City has determined that the following mitigation measures are applicable to the construction phase of the Alternative Project and the City has adopted the following measures as conditions of Alternative Project approval: During grading activities, the project proponent(s) shall apply approved chemical soil stabilizers, according to manufacturers' specifications, to all inactive construction area (i.e., previously graded areas inactive for four days or more). During construction activities, the project proponent(s) shall suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 miles -per -hour (mph). ° During construction activities, the project proponent(s) shall sweep affected streets at the end of each work day if any visible soil material is carried over to adjacent thoroughfares. The SCAQMD recommend the use of water sweepers which use reclaimed water. During construction activities, the project proponent(s) shall apply water or chemical soil stabilizers, according to manufacturers' specifications, twice daily to all unpaved parking or staging areas and unpaved road surfaces, if required for dust control. ° During construction activities, the project proponent(s) shall provide temporary traffic control during all phases of construction activities to improve traffic flow, such as providing a flag person to direct traffic and ensure safe movements off the site as directed by the City Engineer of the City of Diamond Bar. During construction activities, the project proponent(s) shall apply washers where vehicles exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site every trip in designated areas of the site. During construction activities, the project proponent(s) shall maintain traffic speeds on all unpaved road surfaces to 15 mph or less. ° All trucks hauling dirt, sand, soil or other loose materials off of the site are to be covered and shall maintain at least six inches of freebound (i.e., minimum required space between top of the load and top of the trailer) based upon a level load. ° Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment, 150 total daily trips for all vehicles, for 12 consecutive days. Resolution -MW No. 32400 9 Page 9 Pave all construction access roads at least 100 feet onto the site from the main road. Use methanol or low -sulfur pile drivers. Use low -sulfur fuel for stationary construction equipment pursuant to Rule 431.2. Suspend use of all construction equipment operations during second stage smog alerts. For daily forecast call: (800) 242-4022 (Los Angeles and Orange Counties) or (800) 367-4710 (San Bernardino and Riverside Counties). During construction activities, the project proponent(s) shall water active sites at least twice daily. Use construction equipment that has catalytic convertors (for gasoline powered equipment). 10 Prevent trucks from idling longer than two minutes. Configure construction parking to minimize traffic interference. ° Use solar or low -emission water heaters. Use central water heating systems. Building and subdivision orientation should be to the north for natural cooling. ° Provide shade trees to reduce building heat. (d) The City has further determined that the following mitigation measures, as identified by the SCAQMD following consultation with that agency, are applicable to the operational phase of the Alternative Project and has adopted the following measures as conditions of Alternative Project approval: To the maximum extent feasible, use built-in energy efficient appliances. ° To the maximum extent feasible, use energy efficient and automated controls for air conditioners. To the maximum extent feasible, use double -glass paned windows. Resohedon-VIN No. 32400 10 Page 10 2.3.2 Potential Effect: The Alternative Project, in combination with other development activities anticipated to occur throughout the region, will result in a regional increase in traffic and a corresponding increase in air quality emissions. Based upon the existing non -attainment status of the South Coast Air Basin, and threshold criteria established by the SCAQMD, the resulting cumulative air quality impact is anticipated to be significant. Findings: The City hereby makes findings (1) and (2). Facts in Support of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) The Project site is located within the South Coast Air Basin which, as a result of topographic and meteorological factors is highly susceptible to air pollution accumulation created by dense population centers, heavy vehicular traffic and industrial activities. Based upon these conditions and factors, the South Coast Air Basin is considered "non attainment" for a number of criteria pollutants (e.g., peak ozone levels exceed federal and State standards). (b) The California Clean Air Act designates the SCAQMD as the agency principally responsible for comprehensive air pollution control within the South Coast Air Basin. In that role, the SCAQMD is responsible for reducing emissions from stationary, mobile and indirect sources. (c) Federal and State statutes require that each "non attainment" area prepare a plan to reduce air pollution levels. The 1991 Air Quality Management Plan provides a comprehensive strategy, attainment and rule-making schedule for the achievement of those ends. (d) As indicated in the Final EIR, the Project appears consistent with the forecasts presented in the Air Quality Management Plan. Since the Alternative Project is identified as a component of the Project, and since the Alternative Project will produce potential air quality impacts which are less than those associated with the Project, the City concludes that the Alternative Project is consistent with the Air Quality Management Plan. (e) The City has adopted specific mitigation measures recommended by the SCAQMD and made those measures conditions of Alternative Project approval. These actions will minimize, but not avoid, potential impacts of the Alternative Project upon air quality within the South Coast Air Basin. Resolution -VIM No. 32400 11 Page 11 2.4 Transportation/Circulation Impacts 2.4.1 Potential Effect: The Alternative Project, in combination with other development activities anticipated to occur throughout the region, will result in a regional increase in traffic. That cumulative increase will result in an exceedance of design capacities at a number of Project area intersections. Notwithstanding the implementation of the Project or Alternative Project, cumulative traffic impacts have been determined to be significant. Findings: The City hereby makes findings (1) and (2). Facts in Suvoort of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) As indicated in the Final EIR, based upon existing intersection geometries and estimated year 1997 background traffic volumes, excluding any development upon the Project site, an adverse level of service ("LOS") is expected at six (6) key intersections in the Project vicinity during either one or both of the peak hours. (b) The completion of those previously identified intersection improvements will result in acceptable service levels at all but one of those key intersections. The intersection of Colima Road and the eastbound SR -60 ramps is forecasted to operate at LOS "E" during the A.M. peak hour with the completion of the maximum feasible improvements at that intersection. (c) Mitigation measures have been included in the Final EIR, and adopted as conditions of Alternative Project approval, which will reduce but not avoid Alternative Project - related impacts upon local and regional circulation systems. 3 SIGNIFICANT OR POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECT IDENTIFIED IN THE FINAL ENVIRONMENTAL EWPACT REPORT WHICH CAN BE MITIGATED TO A LEVEL WHICH IS NOT SIGNIFICANT The City has determined that mitigation measures identified in the Final EIR or subsequently identified by the City, and included as conditions of approval for the Alternative Project, will result in a substantial mitigation of the following effects and that these effects can be feasibly mitigated to a level which is not determined by the City to be significant. Resolution -VIM No. 324M 12 Page 12 3.1 Land Use 3.1.1 Potential Effect: As proposed, development of the South Pointe Master Plan is not consistent with applicable CYty of Diamond Bar General Plan and Zoning Ordinance policies applicable to the Project area. Implementation of the South Pointe Master Plan would, therefore, necessitate a General Plan Amendment, Zone Change and/or Conditional Use Permit to accommodate the proposed land use. Conversely, the Alternative Project. is consistent with the draft City of Diamond Bar General Plan, currently undergoing public review and would not require either a General Plan Amendment or Zone Change. Finding: The City hereby makes finding (1). Facts in S=grt of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) By approving the Alternative Project in lieu of the Project, the City's actions affect only portions of the entire area addressed under the South Pointe Master Plan and analyzed in the Final EIR. Specifically, the entitlements and related approvals issued or conditionally issued by the City, in its capacity as Lead Agency, address only the northeastern 45 f acres of the larger 171 f acre Project site. (b) By confining its approval or conditional approval to only a portion of the entire Project area, no approvals or conditional approvals have been authorized by the City concerning those discretionary actions requested under or anticipated from the approval or conditional approval of Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253, as more thoroughly described in the Final EIR. (c) Although the Final EIR examined the direct, indirect and cumulative environmental effects resulting from the approval of Vesting Tentative Tract Map Nos. 32400 and 51407 and Tentative Tract Map No. 51253, including all related entitlements and associated approvals associated therewith, the approval or conditional approval of the Alternative Project, as addressed herein, is confined to only Vesting Tentative Tract Map No. 32400 and its related entitlements and associated approvals. (d) Based upon a technical review of the land use and related policies contained in both the previous City of Diamond Bar General Plan and that draft document presently undergoing public review, but not as of this date formally adopted by the City, the type, density and scale of the land uses represented by the Alterative Project and inclusive of (but not limited to) Vesting Tentative Tract Map No. 32400, appear consistent with the previous policies of the City, as represented in the prior policy documents of the City, and the intent of the now pending draft City of Diamond Bar General Plan, subject to the issuance of a Conditional Use Permit in a form and manner described in the City's Hillside Management Ordinance. Resolution-VrM No. 32400 13 Page 13 (e) Implementation of the Alternative Project will, therefore, neither conflict with existing or proposed general plan documents of the City nor the zoning policies applicable to the Project site. (f) Implementation of the Alternative Project will not narrow or foreclose future opportunities available to the City and/or other Responsible or Trustee Agencies, as defined in CEQA and Guidelines and as identified in the Final EIR, from planning and pursuing alternative land use plans for the remaining components of the Project site which have the potential to foster long-term resource preservation opportunities within the City. 3.1.2 Potential Effect: Project development will result in the long-term commitment of the Alternative Project site to an urban use, resulting in the loss of existing open space opportunities within the City. Finding: The City hereby makes finding (1). Facts in Supvort of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Under the Alternative Project, only an area of approximately 45± acres will undergo a transformation from an open space to an urbanized use; no such transformation will occur within the remaining 126± acres of the Project site which will be retained in its existing condition, pending subsequent entitlements by the City or other Responsible Agencies separate from and independent of the City's actions concerning the Alternative Project. (b) Those portions of the Project site which are not to be developed under the Alternative Project possess natural, biological and aesthetic resources similar to or in exceedance of those resources evident upon that area within the Alternative Project site upon which Vesting Tentative Tract Map No. 32400 will be constructed. (c) Mitigation measures, as identified herein, and other compensating actions have been identified by the City and accepted by the project proponent(s), including (but not limited to) the retention of approximately 8± acres of Vesting Tentative Tract Map No. 32400 as open space. These measures and compensating actions will minimize this identified effect and reduce the impacts associated therewith to a level deemed by the City to be less than significant. (d) No development, deed or map restrictions exist upon the area of Vesting Tentative Tract Map No. 32400 which would limit or otherwise restrict its development in the manner depicted upon that subdivision map. (e) Based upon a technical review of the land use and related policies contained in both the previous City of Diamond Bar General Plan and that draft document presently RefoW ion-YfM No. 32400 14 Page 14 undergoing public review, but not as of this date formally adopted by the City, the type, density and scale of the land uses represented by the Alternative Project and inclusive of (but not limited to) Vesting Tentative Tract Map No. 32400, appear consistent with the previous policies of the City, as represented in the prior policy documents of the City, and the intent of the now pending draft City of Diamond Bar General Plan, subject to the issuance of a Conditional Use Permit in a form and manner described in the City's Hillside Management Ordinance. (f) Implementation of the Alternative Project will not narrow or foreclose future opportunities available to the City and/or other Responsible or Trustee Agencies, as defined in CEQA and Guidelines and as identified in the Final EIR, from planning and pursuing alternative land use plans for the remaining components of the Project site which have the potential to foster long-term resource preservation opportunities within the City. 3.2 Earth 3.2.1 Potential Effect: Alternative Project development will introduce future Alternative Project area residents, employees and structures into seismically active southern California and, thereby, exposing those individuals and improvements to those geotechnical hazards evident within the region. Findings: The City hereby makes findings (1) and (2). Facts in S=ort of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) All grading activities and physical improvements to or upon the Alternative Project site shall be undertaken and conducted in accordance with applicable building codes and associated standards and shall undergo review and inspection by either the City Engineer of the City of Diamond Bar and/or County Engineer of the County of Los Angeles. (b) Based upon the analysis presented in the Final EIR, the following revised mitigation measure has been identified and made a condition of Alternative Project approval: All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City of Diamond Bar and/or County of Los Angeles standards and shall conform with recommendations contained in the Preliminary Soils Engineering Investigation for Tentative Tract No. 32400, County of Los Angeles, California (Petra Geotechnical Incorporated, October 19, 1988) and such other geotechnical reports as may be prepared for the site and/or required by the City and/or County. ResoGaion-W?d No. 32400 15 Page 15 (c) Based upon the analysis presented in the Final EIR, the following mitigation measure (as extracted from the Final EIR) has been identified and made a condition of Alternative Project approval: All geologic, geotechnical and soils studies conducted for the project and all engineering analyses conducted by or in behalf of the City of Diamond Bar and/or project proponent(s) for the proposed grading plan shall be submitted to and, upon acceptance, approved by the City prior to the commencement of grading operations. 3.3 Water 3.3.1 Potential Effect: Alternative Project implementation has the potential to alter existing drainage patterns on-site, including increasing the quantity of stormwater discharged to the regional storm drain system and decreasing the quality of that runoff. in addition, grading activities may result in the disposal of dredged or fill material into those blueline streams as identified on the 7.5 minute USGS Yorba Linda Quadrangle. Those watercourses may be subject to the jurisdiction of the U.S. Army -Corps of Engineers, California Department of Fish and Game and California Regional Water Quality Control Board. Findings: The City hereby makes findings (1) and (2). Facts in Support of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) The Project site is located within the Diamond Bar Creek watershed area which conveys stormwater runoff in a northwesterly direction toward San Jose Creek. Diamond Bar Creek contains the only identified potential flood hazard area within the City. In response to that potential hazard, the Los Angeles County Departmeht of Public Works has identified a number of drainage improvements within that watershed, including specific improvements within and adjoining the larger Project site. (b) Based upon information presented in the hydrology and hydraulic study entitled Master Plan Hydrology Study - South Pointe Master Plan (Church Engineering, Incorporated, November 1992), incorporated by reference in the Final EIR pursuant to Section 15150 of Guidelines, the existing 60 -inch drainage facility, maintained by the California Department of Transportation and located in Brea Canyon Road, and the 60 -inch drainage facility maintained by the County of Los Angeles and identified as P.D. 1411, located in the vicinity of Rapid View Drive, can adequately accommodate projected discharge resulting from the development of the Project. Since the Alternative Project will generate a reduced volume of stormwater runoff, Reso(ation-VIM No. 32400 16 Page 16 based upon a reduction of the amount of impervious surfaces to be constructed upon the Project site, existing off-site drainage facilities are adequate to handle Alternative Project discharge. (c) Drainage deficiencies in the Project area have been identified as capacity constraints to those existing facilities located in proximity to Fairlance Drive, based upon both existing conditions and projected increases to stormwater discharge resulting from physical improvements upon and alteration of the northwesterly portion of the Project site. Development activities anticipated to occur under the Alternative Project will not involve any significant alterations to that drainage area or increases in surface flows discharged to those facilities. (d) Based upon the analysis presented in the Final EER, the following mitigation measures have been identified and made conditions of Alternative Project approval: Drainage shall be disposed of in a manner satisfactory to the City Engineer of the City of Diamond Bar and/or County Engineer of Los Angeles County. The design and installation of project drainage facilities shall be in accordance with the flow criteria, design standards and construction requirements of the Los Angeles County Department of Public Works and/or the City of Diamond Bar. The project proponent(s) shall be financially responsible for the following items: (1) the construction or advancement of funds for the construction of any required on-site drainage improvements as required by the City Engineer of the City of Diamond Bar and/or County Engineer of Los Angeles County; (2) the construction of in -tract and off-site storm drain system improvements as required by the City Engineer and/or County Engineer; and (3) any permits or other assessments imposed by the City Engineer and/or County Engineer. Prior to the approval of the final tract map, a special maintenance district or other funding mechanism acceptable to and approved by the City Engineer of the City of Diamond Bar and/or County Engineer of Los Angeles County shall be established for the maintenance of on-site storm drainage facilities. Prior to the issuance of a grading permit for any proposed alteration to the streambed of that watercourse which exists on-site, the project proponent(s), if applicable under State and/or federal law, shall obtain a Section 404 permit from the U.S. Army -Corps of Engineers for the placement of dredged or fill materials into the "waters of the United States," and a Section 1601-1607 permit from the California Department of Fish and Game for proposed streambed alterations which may impact existing riparian areas. Prior to the initiation of grading operations, the project proponent(s) shall obtain all applicable construction, stormwater and NPDES permits as may be required Resolution-VTM No. 32400 17 Page 17 by the City of Diamond Bar, the County of Los Angeles and the California Regional Water Quality Control Board for the discharge of urban pollutants. 3.4 Biological Resources 3.4.1 Potential Effect: Alternative Project development will result in the removal of that on- site vegetation which presently exists within and proximal to the areas where grading operations are anticipated. Finding: The City hereby makes finding (1). Facts in SW= of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) The removal of existing vegetation will be limited, to the maximum extent feasible, to those areas where landform alterations are required for Alternative Project implementation. (b) Based upon the analysis presented in the Final EIR, the following mitigation measures have been identified and made conditions of Alternative Project approval: The landscape palette for the project shall emphasize the use of drought tolerant, native plant species with low-water requirements, adapted to the inland southern California climate. Plants used in landscaping shall include those which provide nectar, fruit or seeds as food for native wildlife species. With the proper selection and placement of native plants, the proposed development would retain some of its natural value. Recommended plants for landscaping include: Big -Leaf Maple Acer macrophylla Bigberry Manzanita Arctost4hylos glauca Coyote Brush Baccharis pilularis Ceanothus Ceanothus spp. Redbud Cercis occidentalis Toyon Heteromeks arbutifolia Honeysuckle Lonicera spp. California Sycamore Platanus racemosa Holly -Leaved Cherry Pmus ilicifolia California Coffeeberry Rhamnus califondca Holly -Leaved Redberry Rhamnus ilicifolia Sugarbush Rhus ovata Chaparral Currant Ribes malvacewn Our Lord's Candle Yucca %Mppki Resolution -VIM No. 32400 18 page 18 California -Fuchsia Zauschneria californica Prior to the implementation of grading operations, the project proponent(s) shall prepare and the City of Diamond Bar shall review and consider a watering plan for newly planted areas; upon acceptance by the City, the project proponent(s) shall implement the watering schedule specified therein until such time as vegetation in those areas is established. 3.4.2 potential Effect: Grading activities will potentially result in the placement of dredged or fill materials in two blueline streams, as identified on the USGS Yorba Linda Quadrangle. Findings: The City hereby makes findings (1) and (2). Facts in SUM= of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Prior to the initiation of those grading activities which may result in the placement of fill or dredged materials into jurisdictional waters of the United States, the project proponent(s) will be required to obtain the following permits or approvals from the agencies listed: (1) Section 401 water quality certification from the California Regional Water Quality Control Board; (2) Section 1601-1607 permit from the California Department of Fish and Game; and (3) Section 404 permit from the U.S. Army -Corps of Engineers. Issuance of those permits by those agencies, including performance of all permit conditions contained therein, constitutes both an acknowledgement of this identified effect and an established procedural mechanism to mitigate any and all direct, indirect and cumulative impacts upon those jurisdictional waters and the resources associated therewith to a level deemed, by the City and the above referenced Responsible Agencies, to be less than significant. (b) Grading activities upon the Alternative Project site, except for those activities which may be undertaken by or in behalf of other governmental agencies holding real property interests upon property within the Project site, will be subject to (and conditioned by) grading and associated permits issued by the City and affected Responsible Agencies for those activities. All grading activities will be monitored by City inspectors and will be conducted in accordance with an approved grading plan, the terms and conditions of those permits and sound engineering practices. (c) Based upon the analysis presented in the Final EIR, the following mitigation measure has been identified and made a condition of Alternative Project approval: Prior to the issuance of a grading permit(s) and if required by affected resource agencies, the project proponent(s) shall obtain a Section 401 water quality certification from the California Regional Water Quality Control Board, a Section Resolution -VIM No. 32400 19 Page 19 404 permit from the U.S. Army -Corps of Engineers and a Section 1601-1607 streambed alteration agreement from the California Department of Fish and Game. 3.4.3 Potential Effect: Grading activities, including the removal of existing trees on-site, has the potential to affect nesting birds of prey (raptors) which may inhabit the property during those operations. Finding: The City hereby makes finding (1). Facts in Support of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Based upon numerous Project -specific biological surveys, as incorporated by reference in the Final EIR pursuant to Section 15150 of Guidelines, no raptor nests were identified as existing upon either the Project or the Alternative Project site. Based upon the existence and number of oak trees which presently exist upon that site, raptor nests may be subsequently discovered prior to the commencement of grading operations. (b) Raptor nests are protected under both federal and State law when the nesting sites are in use. During these periods, neither the nest, the tree housing the nest nor the immediate area in proximity to that nest can be disturbed. (c) Based upon the analysis presented in the Final EER, the following mitigation measure has been identified and made a condition of Alternative Project approval: In compliance with Section 3503.5 of the California Fish and Game Code, if any raptor nests are discovered prior to or concurrent with grading activities, the project proponent(s) shall notify the City of Diamond Bar, contact the California Department of Fish and Game, and shall comply with all appropriate procedures relative to grading operations in proximity to those nests. Some of the resulting mitigation measures may include: (1) modifying the design of utility poles, if any, for the protection of raptors and other birds; (2) restricting construction activities near raptor nesting sites during and immediately following the breeding season; and/or (3) constructing artificial nesting platforms for raptors and other birds. As part of the replacement strategy authorized under the Oak Tree Ordinance, an oak tree mitigation plan shall be submitted to the City of Diamond Bar which will mitigate for the loss of individual oak trees as well as the oak woodland habitat. In addition to satisfying the conditions set forth in Part 16 -Chapter 22.56 of Title 22 (Planning and Zoning Code) of the Los Angeles County Code, or similar Resolution-VTM No. 32400 20 page 20 ordinance enacted by the City prior to the commencement of grading operations, the mitigation plan shall require the selective placement or planting of replacement oak trees and typically associated vegetation in a characteristic oak woodland assemblage. This aggregation of oak trees and associated plants will seek to establish a natural, viable plant community in the area of that replacement, as opposed to the widespread or random distribution of replacement trees at various locations throughout the project area. 3.5 Transportation/Circulation 3.5.1 Potential Effect: Ambient traffic growth anticipated to occur in the Project vicinity, as modeled through the year 2002, will result in Level of Service ("LOS") forecasts of LOS "E" or LOS "F" during at least one peak period at the following intersections: (1) Colima Road/Brea Canyon Cutoff; (2) Colima Road/Lemon Avenue; (3) Colima Road/Eastbound SR -60 Ramps; (4) Brea Canyon Road/Westbound SR -60 Ramps; (5) Brea Canyon Road/Colima Road; and (6) Pathfinder Road/Northbound SR -57 Ramps. Findings: The City hereby makes findings (1) and (2). Facts in _Support of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) In an attempt to ascertain the direct, indirect and cumulative traffic -related impacts associated with the Project, a detailed traffic study was conducted by the firm of Linscott, Law & Greenspan, Engineers and contained in the report entitled Draft Trqffic Study Report - Mixed Use Project West of Brea Canyon Road, incorporated by reference in the Final EiIR pursuant to Section 15150 of Guidelines. Although the above referenced study examined the implementation of the totality of the Project, the methodology contained therein provides sufficient information to extract from that analysis the traffic -related effects associated with and resulting from the Alternative Project. (b) Based upon the reduction in traffic -generation forecasts associated with the Alternative Project, as compared to the Project, including the anticipated time frame when Alternative Project impacts can be envisioned, the near-term peak -hour analysis, as contained in the above referenced traffic study, was utilized as the target year against which impacts were assessed. Alternative Project traffic was estimated pursuant to the therein described methodology, as illustrated in the Final EIR, and added to Scenario B: Background Conditions (Year 1997), as defined therein. (c) Based upon the information contained in the traffic study, and subsequently re- examined by the City, based upon the reduced scale of the Alternative Project, the City concludes: (1) cumulative peak -hour traffic impacts upon the Colima/Eastbound SR -60 Ramps Resobuion-VIM No. 324LV 21 Page 21 will exceed design capacities for that intersection, irrespective of the Project or Alternative Project; and (2) all other study area intersections will not be impacted to a level deemed by the City to be significant, subject to the implementation of specific near-term improvements to select intersections and roadway segments, as identified in the Final EIR. (d) To mitigate cumulative development impacts upon those study area intersections identified in the Final EIR as necessitating subsequent modification, the project proponent(s) shall contribute and the City shall administer a "fair share" contribution of the costs associated therewith, in a form and manner deemed acceptable by the City. (e) The City has determined that a "fair share" contribution to the improvement of the following intersections and street segments will substantially mitigate traffic -related impacts and has adopted this obligation as a condition of Alternative Project approval: ° Colima Road/Golden Sphn-gs DrivefBrea Can= Road. Within the existing street width, stripe a southbound, an eastbound and a westbound right -turn lane. This improvement will require the elimination of street parldng near the intersection on these three approaches. ° Colima RrLadLL&l m Avenue. Convert the existing southbound through lane on Lemon Avenue to a through/left option lane to accommodate left -turn volume. The traffic signal and striping shall be adequate to be operated with split phasing on the north and south approach. ° Colima Road/Eastbound SR -60 Ramos. Convert the eastbound Colima Road approach from one left -turn lane, two through lanes and a right -turn lane to two left -turn lanes and two through lanes. ° Brea Canyon KQedMatb9mW SR -60 Ramus. Add a second northbound left -turn lane within the existing right-of-way width. Add a third southbound through, lane and a southbound right -turn lane, plus a ,third lane on the Pomona (SR -60) Freeway off -ramp. The additional lane on the off -ramp and the southbound right - turn lane will require street widening. ° Brea Canyon Road/Colima Roar1/Golden SyrinSs Drive. Stripe a northbound right-turnlane within the existing street width. Add a second southbound left - turn lane and convert the existing eastbound right -turn lane to an eastbound through/right option lane. ° Brea Canyon Construct full -width street improvements to the section as approved by the City. Resolution-VTM No. 32400 22 Page 22 Pathfinder Road/Brea Canyon Road. Install a traffic signal as approved by the City. Pathfinder Road/Southbound SR -57 Ramus. A second eastbound through lane is required to accommodate background year 1997 traffic volumes at the Pathfinder Road/northbound SR -57 ramps. The Pathfinder Road/SR-57 Freeway overcrossing is expected to be widened to four lanes prior to 1997. Pathfinder Road/Northbound SR -57 Ramus. A second through lane is required in both directions on Pathfinder Road at the northbound SR -57 ramps. (f) Based upon the analysis presented in the Final EIR, the following revised mitigation measures have been identified and made conditions of Alternative Project approval: Concurrent with the development of Vesting Tentative Tract Map No. 32400, and prior to the issuance of a use and occupancy permit for any of the residential units contained therein, the project proponent(s) shall improve Brea Canyon Road to the planned four -lane cross-section of that roadway, as determined by the City Engineer. A left -turn lane shall be provided at the proposed point of vehicular ingress and egress along Brea Canyon Road. That access point shall be designed to ensure adequate sight distances along that roadway; street grades and landscape improvements adjacent thereto shall be evaluated by the City of Diamond Bar and, if required, modified to avoid interference of safe line -of -sight distances. Prior to the approval of the final vesting map, the project proponent(s) shall submit, and the City of Diamond Bar shall review and consider, a traffic signal warrant to determine whether a traffic signal is required at that access point to the subdivision map area from Brea Canyon Road. If deemed warranted by the City, based upon the findings of that traffic analysis, the project proponent(s) shall either construct or advance the funds to construct an operable traffic signal of the type and in a time frame as determined appropriate by the City. (g) By approving Vesting Tentative Tract Map No. 32400 in isolation of other proposed or pending actions within the larger Project area, the secondary access that was initially proposed as part of that tract map application cannot be implemented in the manner as described in the Final EIR. (h) To ensure the availability of adequate secondary access to Vesting Tentative Tract Map No. 32400, the following additional mitigation measure has been identified and made a condition of Alternative Project approval: Resobuion-VIM No. 32400 23 Page 23 Secondary access shall be provided to the project site, as determined by the City Engineer. 3.6 Noise 3.6.1 Potential Effect: Based upon the site's proximity to both the Orange (SR -57) Freeway and Brea Canyon Road, residential and commercial land uses proposed in the vicinity of those roadways may be exposed to noise levels in exceedance of adopted municipal guidelines. Finding: The City hereby makes finding (1). Facts in S=Qrt of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) No commercial uses are proposed as part of the Alternative Project or are anticipated to result therefrom. As a result, only residential noise standards shall apply to the Alternative Project. (b) Based upon the analysis presented in the Final EIR, the following revised mitigation measure has been identified and made a condition of Alternative Project approval: To minimize noise levels in the vicinity of the SR -57 Freeway, as perceived by those future residential receptors which will occupy dwelling units in proximity to that roadway, the design of those residential units which have frontage along Brea Canyon Road or which, in the absence of an adjoining slope easement, would abut that roadway, shall include additional noise attenuation to a degree sufficient to ensure that the exterior areas of said units conform to the City of Diamond Bar's exterior residential standards. Noise attenuating design options include, but are not limited to, the construction of a noise barrier of a minimum height of eight (8) feet, as measured from the pad elevation of the corresponding lot upon which the noise barrier is constructed. Prior to the issuance of a use and occupancy permit for any of the dwelling units which are so situated, the project proponent(s) shall submit, and the City shall review and consider, the findings of an acoustical analysis demonstrating compliance with applicable municipal noise standards. 3.6.2 Potential Effect: Noise associated with grading operations may impact existing residential receptors in proximity to those activities. Fin in : The City hereby makes finding (1). Resolution-VnW No. 32400 24 Page 24 Facts in S=grt of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Construction equipment noise comes under the control of the United States Environmental Protection Agency's Noise Control Program, codified in Part 204 of Title 40 of the Code of Federal Regulations. (b) Noise impacts from site preparation and building construction are short-term in duration, will cease upon completion of construction operations and are subject to compliance with applicable policies and ordinances of the City of Diamond Bar and the County of Los Angeles. (c) Based upon the analysis presented in the Final EIR, the following revised mitigation measure has been identified and made condition of Alternative Project approval: Excavation, grading and other construction activities shall be restricted to hours between 7:00 A.M. and 5:00 P.M. Monday through Friday and between 8:00 A.M. and 5:00 P.M. on Saturday. No construction activities shall be authorized to occur on Sundays, unless otherwise approved by the City. of Diamond Bar. (d) Based upon the analysis presented in the Final EIR, the following mitigation measures (as extracted from the Final EIR) have been identified and made conditions of Alternative Project approval: Construction and maintenance activities, including the repair and maintenance of equipment, shall conform to and comply with applicable provisions of the City of Diamond Bar and/or County of Los Angeles. When feasible, construction equipment shall be stored on-site to eliminate and/or reduce heavy -equipment truck trips. 3.7 Police Protection 3.7.1 Potential Effect: Project implementation will result in the introduction of additional Project area residents and employees onto the Project site, including the introduction of both residential and non-residential land uses. These actions will increase existing demands upon police services within the Project boundaries. Findings: The City hereby makes findings (1) and (2). Resolution -VIM No. 3200 25 Page 25 Facts in sw= of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) The Los Angeles County Sheriff s Department provides law enforcement services to the City of Diamond Bar from its Walnut -San Dimas Station. This station is located at 21695 East Valley Boulevard (City of Walnut), approximately 2.6 miles from the Alternative Project site. The Walnut -San Dimas Station is currently staffed with 233 sworn officers and 44 civilian (non -sworn) personnel. The Walnut -San Dimas Station presently accommodates a regional population estimated to total approximately 225,000 individuals. This station is presently equipped with 40 patrol cars. From this station, 18 patrol cars and 34 sworn personnel (including 24 patrol officers) are presently allocated to the City of Diamond Bar. (b) In the event of an emergency or a disaster requiring response beyond the capabilities of the Walnut -San Dimas Station, additional Los Angeles County Sheriff's Department personnel can respond from either the Industry Station (150 North Hudson, Industry) or San Dimas Station (122 North San Dimas, San Dimas). (c) The Los Angeles County Sheriff s Department has indicated that it can serve the police protection needs of the City at buildout, based upon existing regional facilities. (d) On-site security measures, to be implemented by the project proponent(s) during the construction phase of the Alternative Project, will minimize the likelihood of criminal activities perpetuated against any individuals, equipment or property located upon the Alternative Project site during those activities, and will mitigate any potential impacts to a level deemed by the City to be less than significant. (e) Based upon the analysis presented in the Final Mt. the following mitigation measures have been identified and made conditions of Alternative Project approval: Security features which shall be incorporated into the final design may include: (1) residential dwelling unit orientation which facilities "neighborhood involvement" activities; (2) exterior security lighting; (3) well-designed access for police patrols to provide optimum observations; and (4) illuminated street addresses to ensure visibility from the street for better patrol observation. Rssodufon-1?M No. 32400 26 Page 26 &6gn reee.mvieft"ens ser�ieeg: in Md Security features which shall be incorporated into the final design may include: (1) residential dwelling unit orientation which facilities "neighborhood involvement" activities; (2) exterior security lighting; (3) well-designed access for police patrols to provide optimum observations; and (4) illuminated street addresses to ensure visibility from the street for better patrol observation. Rssodufon-1?M No. 32400 26 Page 26 LZ *2vd LZ OOKE *ON MEM-U011MOsaif :lenosdde iaafosd anneusaijV;o suon!puoo spew pus pagnuapt uaaq aneg saanseaw uoge8piw Su!mono; otp `Wd letgd aqi ut paivasaad sis�Cleue agi uodn paseg (a) •suouoafoid uopelndod pug sasn puej amity pue ivasatd so; alenbope ase sawn asuodsaa pus saggOe; ani Supsixa Imp sapnlouoo ME letga aqi npw ooWos pug sawn osuodsw suogels asg ;o iagwnu aii Sul jou! `(luatuisedaQ a�n3 �iuno� sala8ud so -I aii cntn� uopgjnsuoo 8uut►ojlo; �d re agi ui paivasasd se) soilqwej uon=cud asg algejiene;o scsAleue otp uodn paseg (p) •cease podolanap pug skompeot Supsixa of ivaoefpe Suipgol-ion; =plutw of pug =U gsniq;o temp atp aznunnw cq swmgosd ivawaiege PW^+ nue 8uueala-gstuq MgRSW suMulew luaugmDdaa ani /4unoZ) solaSud so i agl `uop!ppe uj •asg sofew a ;o Irma aii ut 9=stp asg leool ;o saasnosas ail luowSne dlaq siva ooft asat{,I, •iaed p V leninyq olMS alp Wun sapuo2e ani ease sailo 1p!m siuowowgio pie jeninw opewoine suieiuieut soplud soj ;o kunoo oii `asggsnsq so few a ;o am ul (o) •aits-uo paieaol Apuasatd an saniliae; uonnquistp 1aieM ON •suontpuoo (eud eiueS `•8-2) ptnm g8nl otpouad agi nue alts ail ;o adojs ail `aanoa uoneia8an asuap agi `aiZT aid of ssaaae n►.lnanlan;o 31ael aqi dq paieA=M ase suoptpuoa asag,i, 'MIS MfOsd aqi 03 itaat(pe nue UO BuL MWO uoneia8an;o asnieu algewweg aqi;o ilnsai e se sang gsniq of algndaasns si pue `ivatutieda and kunoZ) sola8ud so -I otp Sq paieuStsop se (t, auoZ ani` a•t) sate Ami wg PueIPi + a ui paieool st alis aoafoid *U(q) •(sigStaH PulelA%O-d) PBOii saPugtned MH 08VOZ IT Paieool '611 *ON uOlgmS won paptnosd si asuodsaa otpauieaed nue uonoaiosd asg leptuI ivatuisedaQ and f4uno:) salaSud so -I agi Xq alts iaa fOsd Mp of papu+oid ase saautitas aipoutesed pue uouoaiosd and (e) :iaajja pagnuopt sigi ;o sioedwT osianpe Imuaiod otp ;o uononpw lenueisgns a in ijns-w Mm pus sSutpug asagi ;o iaoddns ut paittasaid ase sasnseaw ao/pue siae; Sutnnono; oU : (Z) pue (1) s8ulpug so.7w Agaiaq f4To aqs :tea •saatnsas otpaw=d nue uonoalosd asg uodn spuewap aseasatn Ilton sivawanoadwi [.iaadosd PUB s=Aoldwo `sivaptsw nnau ;o uopanposiut otp `alis-uo iuoptna mou spsezeq ani puejppm Supstxa aonpaa of lenuaiod atp seg ivawdolanap ioofosd g2nogild :Ioojja Ion1'8'£ ao;Poad aj3 SIC -14!0 oil ut saouassnoao jeuiutua lepuaiod oonpes djag `Sgasatp `pus ssauam a f4!unwwoo aseaaaut of iuowuWaQ s j;uagS f4unoo salo2ud so -I aid Aq pagsggeiso stuesSoad luawanjontn poogaoggBtau ui aiedtanmd of poftnoouo ase uopetoosse ,sioumoawoq ivanbosgns ao (s)iuouodoad iaafoad oU If applicable, Los Angeles County Fire Department requirements for development in a wildland fire area shall be incorporated into the project's design to reduce potential fire hazards. These provisions include, but may not be limited to: (1) fire -resistive protection of exterior walls/openings; (2) fire -retardant roof covering; (3) fire -resistive construction for decks, balconies and support structures; and (4) chimney screens installed on each chimney flue. Project design and maintenance activities shall comply with brush clearance programs administered by the Los Angeles County Fire Department. Prior to the initiation of construction activities, the project proponent(s) shall submit and the Los Angeles County Forester and Fire Warden shall approve a fire hazard reduction/fuel management plan to minimize brush fire hazards on-site. That plan may include, but may not be limited to: (1) use of fire retardant construction materials; (2) brush clearance and maintenance activities; (3) irrigated planting areas with provisions for maintenance activities; and (4) the provision and maintenance of fire breaks. In order to limit the potential threat of wildland fires, low -fuel volume plants shall be incorporated into the revegetative plan. ° Prior to the issuance of building permits, the Los Angeles County Fire Department shall review building plans for compliance with Los Angeles County Fire Department standards for construction, access,. fire hydrant, fire now and water main requirements. ° The water system shall be designed in response to final fire flow requirements identified by the Los Angeles County Fire Department.. Final fire flow will be based on building occupancy, the size of the buildings, their relationship to other structures and property lines and type of construction materials used. ° Prior to the commencement of structural framing, all public water main improvements, as may be required to meet final fire flow requirements unposed by the Los Angeles County Fire Department, shall be completed and operational. ° Prior to the commencement of any structural framing, fire hydrants shall be installed, tested and accepted by the Los Angeles County Fire Department. 3.9 Sanitary Sewers 3.9.1 potential Effect: Project development will result in the generation of additional wastewater, requiring transport to and treatment at a County Sanitation Districts of Los Angeles County facility. 28 Page 28 ResoGrtron-VM No. 32400 6Z Rlvd 67, OOKE 'ON PUA-UO1m O"if •oia `sttouels 8utdwnd `souq thew sIeale agl of sjuatuanoldwt pun; ca`ng puoumla jo fjto Io/put sal22ud soZ ;o f4uno:) otp 9cl pagsggtisa se isoo 3o »WmpITe3» aieudoldde ue ajnquiuoo tugs (s)juauodold ioafold at{d, .ITj PgqeToM Put Sauq IaMas ;o aoueuajujeW put uouoniisuoa agi Io; `ng puowma jo oma a p 10 IaaujBug AD put SPUPTQ uop Mims j4unoo agj ;o noxg2ug f4uno:) agi Aq klts mu pawaap se `Ieg PuOumla ;O fj) agj Io/pue f4unoo sala8ud soZ;O siouism uoumueS f4unoZ) atp of 4em;o -siggu put sluawasea 4=dold put ssaooe foAuoo reqs (s)ivauodoid ioo[cud otLL o •pannb ;j `ope18dn Suczjs Io sauq Ituou0= 4!D :q lamas f Io/pue :4utui fjunoZ) otp 3o SuNU04s fijoeft juauno Cue (Z) :MOU /41AM2 put inof-el iol `uoWjaU= M= Aq SitpwanOldwt put saugUM JOAM posodoid Cue ;o sljeiap put Smpuoq `Sulseyd `uogeool oqi (I) :414 Pj liege �fpnis snly •sauq IaMaS [tool pus T= f4unoo Suusjxo agi of MoU AmngW pue MOU IM MMSEM 8tn�uuapt Ieg puowma ;o fj) alp ;o Iaau!2ug fj) aip pue f4unoo solaluV soZ ;o siauisjQ_ uogeiMS - /4unoZ) agj ;o IaoujSug f4uno:) agl yioq Oi Aptus zL*m a ittugns Heys (s)qummdord ioo[oid otp `p:Awdde dew i= pug 0i Loud :jeAOldde loa[oId OA,.4=aild ;o suopjpuoo spew put pogquapj uaaq aneq swnseaw uopeSpnu gulMono; atp `Wa ieujd agl uj pajuasald stsfpue atp uodn paseg (o) •iueogpa!s aq 0j paiedppue jou m sapjlloe3 [4uno:) uodn sioedwt anueinwno pue paiejai-iaa[oid polao[oId`Aqo �[�� mot �S � ie uoisttedxo pouueld 2u!pnl�ui `d:)dMf pue dXM 4-Qjo asot UVS agi ie ,titoedeo olgenene ivauno uo paste (q) •Stnssaoold Io; d)dAv atp of pauoATP = drlM 7[90[0 aSO f ueS agi ie f4pudeo algeljeAe paaoxa gott(M SMOj� IajeMaiseM 7[ead •waists i[iatuiealj IeuojBal a talo; of paioauuoolaiuT ttaaq aneq saugcoe; mqL •uosleo uj pari `(»cOdMf») lueld loAuOD uounnod IieM iujof alp Io `IauijgtlA uj Parol `(»d?IM») iuttd uojjE i�2I IaieM 31=D riot ueS agi Iagija ie PMS sj wals�ts IaMas s,�(lj� agi oiuj pa�letlosjp Iaiemaise[1A ,Ieg puOwet(I 3o ttitZ) agj 10; SaotA= juawieag put u014301100 IajeMajseM sapjnOld (TZ 'o)<I iouisj(, uoueinteS) f4unOZ) solo2u`,► soZ;o slouisjQ uouejjtteS �ClunoD aU (e) :ioajja paguuapi sup ;o sloedwj oslanpe Ituuaiod agj ;o uouonpat leuueisgns a in ilnsaa Mm put S$ujpug asagj ;o iloddns w pajuasald ale swnmw so/pue sloe; BtntAono; atLL •(Z) pue (I) sgutptn3 sMw Agalag Al!:)atLL : A Prior to final tract map approval, sewer connection fees, as established by the County of Los Angeles and/or City of Diamond Bar, shall be paid by the project proponent(s). The project proponent(s) shall provide to the County Sanitation Districts of Los Angeles County and the City of Diamond Bar information regarding the construction and/or building schedule of the project so that the timing of the County Sanitation Districts' expansion, if required, may be coordinated with the projected increase in demand. Prior to the approval of the final tract map, the area affected by the subdivision map shall be annexed into the Consolidated Sewer Maintenance District, administered by the Los Angeles County Department of Public Works. 3.10 Solid Waste 3.10.1 Potential Effect: Grading operations, including the removal of existing vegetation and associated organic matter in proximity to those activities, and resulting construction activities may necessitate the subsequent disposal of solid wastes in County landfills. Findings: The City hereby makes findings (1) and (2). Facts in S=ort of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Pursuant to the requirements of the Integrated Waste Management Act of 1989, the City. adopted a Source Reduction and Recycling Element as a component of the then existing City of Diamond Bar General Plan. That policy document contains numerous plans and programs designed to facilitate attainment of the landfill diversion objectives established by that legislation, including "green wastes." All development activities conducted within the City are subject to applicable plans and policies contained therein. (b) Based upon the analysis presented in the Final EIR, the following mitigation measure has been identified and made a condition of Alternative Project approval: In order to minimize the impact of the development of the project on solid waste disposal facilities and systems within the County of Los Angeles and to facilitate the attainment of source reduction and recycling objectives of the City of Diamond Bar, the project proponent(s) shall: (1) consult with the City, the County Sanitation Districts of Los Angeles County, and the Los Angeles County Department of Public Works regarding implementation strategies to reduce and/or recycle wastes during construction and following completion of those activities Resolwion-VTM No. 32400 30 Page 30 that would otherwise require disposal in local landfills; and (2) consult with the current refuse removal collection company(ies) regarding design standards for access to, location and construction of trash container enclosures, and such other measures to facilitate implementation of automated refuse collection and source reduction and recycling options. 3.10.2 Potential_ Effect: Upon occupancy, Alternative Project implementation will result in the generation of additional solid wastes requiring collection and subsequent disposal. Findings: The City hereby makes findings (1) and (2). Facts in Su „rv,rt of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Solid wastes generated in the Project vicinity are collected by commercial waste haulers under individual contract and are presently transported to either approved landfills for disposal or are temporarily deposited at transfer stations/material recovery facilities where wastes are collected prior to shipment by larger vehicles to an approved disposal facility. 'Three which commercial waste haulers currently serve the City of Diamond Bar. These haulers, operate in competition with one another, include Waste Management, Western Waste Industries and Community Disposal. (b) Class III solid wastes collected in the City is presently transported to either the BKK Landfill (West Covina), Puente Hills Landfill (Whittier) or spadra Landfill (Pomona). The BKK Landfill is owned and operated by the BKK Corporation and is located at 2210 South Azusa Avenue (West Covina), approximately 8 miles from the Alternative Project site. The Puente Hills Landfill is owned and operated by the County Sanitation Districts of Los Angeles County and is located at 2800 South Workman Mill Road (Whittier), approximately 12 miles from the Alternative Project site. The Spadm Landfill is owned by the California State Polytechnic University at Pomona and is operated by the County Sanitation Districts of Los Angeles County. The Spadra Landfill site is located at 4125 West Valley Boulevard (Pomona), approximately 4 miles from the Alternative Project site. (c) Recent actions by the County of Los Angeles, including but not limited to, the approval of the Sunshine Canyon Landfill Extension project, which will accommodate approximately 17 million tons of solid waste disposal capacity, will partially alleviate Countywide solid waste disposal opacity shortfalls. As a result of these actions, adequate solid waste disposal capacity exists, to accommodate Alternative Project disposal requirements. (d) Based upon the analysis presented in the Final EIR, the following mitigation measures have been identified and made conditions of Alternative Project approval: Page 31 Resolution-VTM No. 32400 31 The project proponent(s) or subsequent homeowners' association shall comply with those source reduction and recycling and composting requirements as may be adopted by the City of Diamond Bar, in accordance with Assembly Bill 939. The project proponent(s) or subsequent homeowners' association shall encourage the segregation of green wastes, as specified under the City's Source Reduction Recycling Element and County Sanitation Districts' waste diversion policies. The project proponent(s) shall comply with all applicable City of Diamond Bar and County of Los Angeles regulations, in force and effect at the time building permits are issued, concerning drop-off bins, trash enclosures and storage areas for recovered materials, recycling programs and other means of reducing the amount of waste requiring disposal both during and after the project is implemented. 3.11 Parks/Recrestion 3.11.1 Potential Effect: Project development will increase existing demands upon areawide recreational resources. Finding: The City hereby makes finding (1). Facts in sw= of Finding: The following facts and/or measures are presented in support of this finding and, will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) The City's Parks and Recreation Department oversees the development and management of local parks within the City boundaries. The nearest established parks to the Alternative Project site are Ronald Reagan Park and Starshine Park, approximately 0.5 miles to the south, and Summit Ridge Park, approximately 4 miles easterly of the site. (b) Within the larger Project site, Larkstone Park has been identified as a future public facility. (c) As required under the Los Angeles County Code, the project proponent(s) will be required to dedicate real property or pay in -lieu park fees as a condition for any subdivision map approval. Payment of those fees will support City efforts to expand Citywide recreational opportunities. (d) Based upon the analysis presented in the Final EIR, the following revised mitigation measure has been identified and made a condition of Alternative Project approval: Resolution -Md No. 32400 32 Page 32 The project proponent(s) shall coordinate development plans with the City of Diamond Bar Department of Parks and Recreation. 3.12 Educational Facilities 3.12.1 Potential Effects: Project development will directly result in the introduction of new students into area schools; existing student capacities and/or proposed facility expansion plans indicate that areawide schools can accommodate those additional students which may result from Project development. Findings: The City hereby makes findings (1) and (2). Facts in Suvnort of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) The Project site is located within the jurisdiction of the Walnut Valley Unified School District ("District"). The District provides educational services for grades kindergarten through 12. Portable classrooms are presently used at District facilities to provide additional capacity to accommodate student demands. (b) In accordance with Assembly Bill 2426, identified as the 1986 School Facilities Legislation, the District currently collects school fees (on a per square foot basis) from both residential and non-residential development. These fees, which are collected by the District at the time building permits are issued, are presently insufficient to cover the actual cost (to the District) for each new student. (c) Implementation of the Alternative Project may facilitate the expansion of student capacity for the South Pointe Middle School site by providing an adjoining depository for that surplus soil material presently stockpiled upon and adjoining the grounds of that facility; thereby facilitating the District's ability to provide new or expanded facilities in response to existing and future demands upon those educational facilities administered by the District. (d) The District has not formally indicated to the City the District's inability to accommodate additional students introduced to District facilities as a result of the implementation of the Project or Alternative Project. (e) Based upon the proximity of the Alternative Project to the South Pointe Middle School, the Final EIR identified the following mitigation measures which have been adopted by the City as conditions of Alternative Project approval: Resolwion-VM No. 32400 33 Page 33 Grading activities anticipated to occur adjoining the South Pointe Middle School site shall be coordinated with the Walnut Valley Unified School District to minimize disruptions to current school operations. Prior to the approval of the grading plan, the project proponent(s) shall submit a safety plan to the City of Diamond Bar. Said safety plan shall identify appropriate measures to be undertaken during grading activities to minimize disruptions to school activities, shall address on-site security plans to limit unauthorized access upon the site, and shall address potential health and safety considerations relative to pedestrian activities in proximity to those construction operations. 3.13 Cultural Resources 3.13.1 Potential Effect: Based upon the findings of a field reconnaissance survey, a number of paleontological localities have been identified. No prehistoric (archaeological) or historic resources have been identified on the property. Finding: The City hereby makes finding (1). Facts in Sunnort of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Based upon the absence of prehistoric and historic features on the Project site, as identified through a field reconnaissance of the entire Project area, as described in the Final EIR, no impacts upon those resources are anticipated to occur as a result of Alternative Project implementation. (b) The rock units exposed on the Project site contain paleontological resources from Miocene sedimentary units and are considered to be of high paleontological sensitivity. (c) Based upon the analysis presented in the Final EIR, the following mitigation measure has been identified and made a condition of Alternative Project approval: Upon implementation of grading operations, a paleontological grading observation schedule, by a certified paleontologist, shall be maintained (when grading in bedrock units) to further evaluate the fossil resources of the site. Salvage operations shall be initiated and coordinated with the project proponent(s), if significant concentrations of fossils are encountered. Resolution -VIM No. 32400 34 Page 34 3.14 Aesthetics 3.14.1 Potential Effect: Project development will physically alter the Project site and change its existing visual character from a natural open space parcel to a property more characteristic of other residential and non-residential areas within the City. Additionally, the proposed removal of existing oak trees will result in the loss of this identified aesthetic resource. Finding: The City hereby makes finding (1). Facts in SuM= of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Landscape improvements, including the replacement of impacted oak trees on a ratio of not less than 2:1 and the revegetation of graded arras, will minimize any long-term impacts associated with grading operations. (b) Based upon the analysis presented in the Final MR, the following mitigation measures have been identified and made conditions of Alternative Project approval: A homeowners' association or landscapellighting district shall be formed, per City of Diamond Bar requirements, to finance the maintenance of and to maintain common open space areas within the project site. Prior to the initiation of grading activities, a replacement plan for the loss of existing oak trees shall be submitted by the project proponent(s) and, upon acceptance, approved by the City of Diamond Bar. (c) To ensure the continuing maintenance of landscaped and open space areas within the Alternative Project site, the following additional mitigation measure has been identified and made a condition of Alternative Project approval: Prior to the initiation of grading activities, the project proponent(s) shall submit and the City shall review, and when acceptable, shall approve landscape and irrigation plans for all landscaped and open space areas. Resokawn-Vn W No. 32400 35 Page 35 4 FINDINGS REGARDING THE PROJECT, PROPOSED ALTERNATIVE PROJECT AND OTHER PROJECT ALTERNATIVES AS IDENTIFIED IN THE FINAL ENVIRONMENTAL EVIPACT REPORT AND/OR ADMINISTRATIVE RECORD FOR THE PROJECT The City makes the following findings concerning both the Project, the Alternative Project, and each of the alternatives identified in the Final EIR. By not implementing the Project (i.e., South Pointe Master Plan), but selecting an alternative thereto, the Project is relegated an alternative status herein and the following findings are provided for both the Alternative Project and each of the other alternatives identified in the Final EIR. 4.1 South Pointe Master Plan Project 4.1.1 Description of South Pointe Master Plan: The South Pointe Master Plan ("Project") presents a development plan, with corresponding design standards, for a mixed-use residential and non-residential development upon an approximately 171 t acre site. Within the Project boundaries, a number of distinct ownership interests exist. As described in the Final EIR, the following project proponent(s) and individual entitlements have been identified: (1) Arciero and Sons, Inc. (Vesting Tentative Tract Map No. 32400); (2) R/N/P Development, Inc. (Vesting Tentative Tract Map No. 51407); and (3) Sasak Corporation (Tentative Tract Map No. 51253). If implemented as proposed, the Project would collectively authorize the development of approximately 200 single-family detached residential units and 290,000 square feet of office and/or commercial use upon a 31 t acre commercial site, and approximately 20± acres of active and/or passive recreational use. 4.1.2 Comparison of the Effects of the Project to the Effects of the A-lternafm Proiect: The City finds that the Project is not environmentally superior to the Alternative Project. Facts in SuM= of Finding: The following facts are presented in support of this finding: (a) Implementation of the Project would necessitate significant landform alternations and would represent a long-term commitment of the entire Project site to an urban use. Implementation of the Alternative Project will result in landform alterations upon only an estimated 45± acres of the Project site, identified as the area of Vesting Tentative Tract Map No. 32400, preserving the remaining portion of the Project site for an open space use. Under the Alternative Project, the approximately 45 f acre site identified as Vesting Tentative Tract Map No. 32400, located in the northeasterly portion of the Project site, would be developed to accommodate up to 91 single-family dwelling units. No further subdivision of that portion of the Project site identified as Vesting Tentative Tract Map No. 51407, under the ownership of Resohidon-VTM No. 32400 36 Page 36 the walnut Valley Unified School District, and Tentative Tract Map No. 51253, under the ownership of the Sasak Corporation, is authorized under the Alternative Project. (b) Under the Project, the majority of existing on-site vegetation would necessitate removal to accommodate the grading plan. Under the Alternative Project, only that vegetation now evident upon the 45± acre portion of the Project site identified as Vesting Tentative Tract Map No. 32400, owned by Arciero and Sons, Inc., upon which development activities, would require removal. (c) Under the Project, an estimated 768 specimen -sized oak trees would require removal to accommodate anticipated grading operations associated therewith. By retaining the majority of the Project site as a publicly or privately -owned open space resource, those trees (which would otherwise require removal under the Project) would be preserved. (d) By adopting Vesting Tentative Tract Map No. 32400, the City has elected to, at this time, defer subsequent action upon both Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253. Under this action, both the commercial use and the active recreational use proposed under the Project would be eliminated. (e) Based upon the reduced scale of development authorized under the Alternative Project, implementation of the Alternative Project would not introduce a significant number of additional vehicular trips onto area roadways. If implemented as proposed, the project would significantly increase vehicular traffic in the Project area. (f) By reducing the number of vehicular trips and reducing both the on-site consumption of natural gas and the need for the off-site generation of electricity, emissions from stationary and mobile sources would be reduced below those levels anticipated to occur under project -related and Alternative project -related air quality emissions the Project. Although both would continue to remain at levels deemed by the City to be significant, based upon threshold criteria established by the SCAQMD, the total quantity of both construction -term and operational emissions would be less under the Alternative Project, in comparison with the Project• (g) Both of those intermittent blue -line streams that presently exist on the Project site would be dredged and filled under the project, with a corresponding loss of associated vegetation and habitat value. Implementation of the Alternative Project would result in the preservation of the unnamed watercourses located in the northwesterly portion of the site and the retention of a significant portion of that watercourse located within the area of Sandstone Canyon. (h) By deferring action upon Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253, the City and the affected property owner(s) retain future develop options upon that approximately 126± acre site. By not committing the site to a long-term urbanized resource located thereupon can be retained and the site's use at this time, the existing open space existing biological value not significantly impaired. In taldn8 this action, the City retains the Resohaion-VIM No. 324W 37 Page 37 ability to work cooperatively with the affected owner(s) or real property interests upon that subdivision map area to pursue alternative land uses which further declared public objectives for that site, including (but not limited to) the facilitation of active and/or passive recreational use of that area. 4.1.3 rII""ti�enei s ;,, �aceti� Alwrnative Project ObiecdM: The Project would not meet the � objectives of the City since approval of the project would result in both the elimination of a majority of the site's existing oak tree resources and foreclose future public and/or private options for the preservation of all or a portion of the project site. Although some development is authorized under the Alternative Project, a significant proportion of the Project site, and the resources thereupon, will be retained jn their current condition thereunder. 4.1.4 Fad: The Project is deemed by the City to be feasible; however, implementation would necessitate the removal of existing development restrictions upon those portions of the Project site which comprise Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253. 4.2 Alternative No. 1: No Project Alternative 4.2.1 L%Io otion of Alternative: The Final EIR defines Alternative No. 1: No Project Alternative as the retention of the Project site as an open space resource. Allowable development activities, as explained therein, would be restricted to those uses which either facilitate passive recreational use, provide educational opportunities or are confined to areas with minimal biological or habitat value and which can be developed with minimal site disturbance. Within the boundaries of the Project area exists the South Pointe Middle School, operated by the Walnut Valley Unified School District ("District-). Upon and adjoining the grounds of that facility is an estimated 400,000 cubic yards of surplus soil material that requires exportation to facilitate the implementation of the approved facility plan for that school site. Under Alternative No. 1: No Project Alternative, the Final EIR assumes that the surplus soil material would be deposited upon the Project site. ,,..... GFF.,-so of Atter*native No 1 to the E�� of the Attprnadve Project: 4.2.2 Comadson Alternative No. 1: - No Project Alternative is environmentally superior to both the Project and the Alternative Project since it results in either the minimization or avoidance of those direct and indirect environmental effects associated with both the project and Alternative Project. Implementation of Alternative No. 1 would not, however, result in an avoidance of those cumulative environmental impacts identified in the Final EIR, which are reasonably expected to occur notwithstanding the City's actions upon the Project site. Farts in 4unnort of Findine: The following facts are presented in support of this finding: Re OUdon-VIM No. 32400 38 page 38 (a) Preservation of the site would constitute a compatible and complementary land use with that existing residential and institutional development activities contiguous with the Project site. The site's retention as an open space resource would not produce land use or related environmental impacts which could adversely affect adjoining properties. (b) Since no or minimal landform alterations are contemplated under this alternative, the environmental impacts associated with the proposed physiographic changes to the Project site, including the corresponding impacts upon both aesthetic and biological resources, would be avoided. (c) By avoiding or minimizing grading operations upon the Project site, all or most of the 835 specimen -sized oak trees now evident thereupon would be preserved. The preservation of these trees, the plant communities associated therewith, and the animal populations supported by these plant communities would result in the retention of the site's current habitat value. (d) Long-term traffic impacts would be minimal since no new land uses would be introduced upon the Project site; cumulative traffic impacts, as described in the Final EIR, will continue to materialize and exacerbate traffic conditions at a number of Joey intersections within the Project vicinity. (e) The existing intermittent blueline streams and jurisdictional waters of the United States which presently exist on-site would not be affected under Alternative No. I. (f) Since no or minimal grading would be authorized upon the Project site, construction -term air quality impacts would be avoided. Similarly, since no site intensification is authorized hereunder, stationary and mobile source emissions, associated with the operational phase of a development project, would not be projected to exceed existing conditions; however, since cumulative development activities can be anticipated independent of City actions upon the Project site, cumulative air quality impacts will continue to materialize and, based upon the information presented in the Final EIR, have been determined by tate City to be significant. 4.2.3 Effectiveness in Meeting Alternative ft&ct Objectives: Alternative No. 1: No Project Alternative meets the resource management and preservation objectives of the City; however, implementation of Alternative No. 1 fails to fulfill the potentially conflicting objective of furthering the orderly development of the community in a manner consistent with declared public land use policies, as presented in both the previous My of Dimnond Bar General Plan and the current draft of that revised document. 4.2.4 fly: Alternative No. 1: No Project Alternative is infeasible since it both pre- empts from certain project proponent(s) a reasonable use of their lands and would necessitate the development and subsequent implementation of a resource conservation strategy sufficient Resohdion—WM No. 324W 39 Page 39 to ensure the preservation of those portions of the Project site upon which no subsequent development is authorized hereunder. 4.3 Alternative No. 2: Development Under Fadstiag General Plan Policies 4.3.1 rr,gfQfon of Altrrnadve: This alternative would allow the subsequent developmentDnd the Project site in accordance with the general plan and zoning policiesUnder Alternative No. 2: Bar in existence at the time the Final FIR was .. would be developed for Development Under Existing General Plan Policies, the Project area either residential use or under a mixed-use residential and commercial use assumption. Under e, with an all residential assumption, an estimated 130 dwelling units could be constructed a corresponding retention of approximately 98 f acres of the Project site for some form of open space use. If non-residential development was pursued under this alternative, the corresponding square footage of commercial and/or office use would exceed the development assumptions presented in the Final EIR for the proposed Project. 4.3.2 General Plan Policies is The City finds that Alternative No. 2: Developmentnotnv Under superior to the Alternative environmentally superior to the Project, but Project. Farre in The following facts are presented in support of this finding: (a) Under Alternative No. 2: Development Under Feasting General Plan Policies, an estimated 130 dwelling units could be developed within the Project site, subject to the issuance of all requisite permits and approvals by the City. Although a significantproportion of the Project site may be retained for open space and/or recreational purposes, in comparison This acreage to the Project, an estimated 72t acres would be converted to an urbanized use. Tmeat under estimate exceeds the number of acres which would be allocated to residential lop Tentative the Alternative Project, which would include, iboth n the Full ER as Tentative Tract Map No. 45 ± wres contained in Vesting Tract Map No. 32400 and the 7t acre.+ 51407. Under both Alternative No. 2 and the Alternative PrOject, resulting development (b) active southern California. Although would introduce people and � into seismically individuals or property development of the Project site, as mitigated, would not expose number of site improvements to hazards not otherwise typic throughout the region, a greater users could be anticipated should Alternative tho. 2 be pursued, since the number e umber of residential units authoof dwellinrized undeg units analyzed under that alternative exceeds he the Alternative Project. (c) Based upon the sensitive siting of authorized development, including the ultimate use of that portion of that Project site retained as opens space or improved for recreational 40 Pegs 40 )tgSOh tion-VZ?4 No. 32400 purposes, impacts to the existing intermittent blueline streams and jurisdictional waters may be minimized; however, it can be assumed that impacts to those watercourses would not be avoided. Since no formal site plan for this alternative is presented in the Final EER, an accurate comparison of Alternative No. 2 with either the Project or the Alternative Project is not possible, relative to the impacts of those options upon the identified blueline streams and the biological resources associated therewith. Since a greater percentage of the Project site would undergo development hereunder, relative to the Alternative Project, it is assumed that impacts upon on- site drainage systems would be greater than the corresponding impacts associated with the Alternative Project, but less than may occur under the Project. (d) Conversion of all or a portion of the Project site from an open space to an urbanized use would result in the loss of a significant number of those oak trees now present on- site. Although mitigation measures are available to compensate for the loss of mature trees, as the number of affected trees increase, the greater the coriesponding loss in biological value. Since a greater percentage of the Project site will be developed under this alternative, the impacts upon those resources are considered greater than anticipated under the Alternative Project, but less than may occur under the Project. (e) The introduction of up to 130 residential dwelling units and/or a corresponding retail commercial and/or office professional use will result in both a localized and regional traffic impact upon Project -area roadways. Those impacts (e.g., number of vehicular trips and concomitant impacts upon Project area intersections) would be proportionately higher than under the Alternative Project scenario, but less tha may occur under the project. (f) Based upon the increase in the acreage to be graded, short-term construction emissions. under this alternative are anticipated both to exceed SCAQMD threshold criteria for significance and add (to the regional air basin) additional criteria pollutants beyond those levels associated with the Alternative Project. Similarly, long-term air quality impacts associated primarily with alternative -related traffic would produce an eceeedance of SCAQMD threshold values for specific criteria pollutants and, based upon an increase in the number of vehicular trips, exceed Alternative Project projections. (g) By preserving the. Sandstone Canyon area, as may reasonably occur under this alternative, resulting development authorized on-site would be pushed toward the site's periphery, such that a greater number of site users may be located in closer proximity to those traffic -related noise sources (.e., Orange Freeway, Brea Canyon Road) proximal to the Project site. Based upon traffic noise associated with both the Orange (SR -57) Freeway and Brea Canyon Road, the placement of residential and/or commercial uses in proximity to those roadways will increase the likelihood of exposure by residents and/or other site users to noise levels in exceedance of established noise standards. 4.3.3 Effectiveness in Mating Alternative PrQject QWeWws: Alternative No. 2: Development Under Existing (renewal Plan Policies would meet the City's objectives in effect Rmokaion-V71W No. 32400 41 Page 41 at the time the Final EIR was prepared since development activities authorized hereunder would be consistent with then existing public policy. 4.3.4 Enaih ilk Alternative No. 2 is feasible; however, implementation would necessitate the removal of existing development restrictions upon those portions of the Project site which compose Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253. 4.4 Alternative No. 3: Reduced Project Site �rifltion of AlternatiYQ: Under Alternative No. 3: Reduce Project Site, the majority 4.4.1 n that manner as described for the Project. Since the of the Project site would be developed idistinct land use entitlements, the Project is comprised of multiple owners each seelang nti proponent(s) separation of these distinct components and the elimination of one or more prof p� t Site was examined herein. As described in the Final EIR, Alternative No. 3: Reduce Proj involves the deletion of Tentative Tract Map No. 51253 and the subsequent entitlement of the remaining subdivision applications. Under this would be authorized ive, an estimated 1 dwelling Since n public 290,000 square feet of commercial development area, it ma acquisition strategy is proposed for the Preservation � deletedt subdivision resubmitted independent be reasonable to assume that Tentative Tract Map 8 of the City's actions upon this alternative. Should that resubmittalsubsequent _ and s t cep s occur, the cumulative impacts of those activities would reasonably eq uate with themulati impacts identified in the Final EIR for the Project. 4.4.2 The City finds that the direct, indirect and cumulative eek v mental effectsoNo. project,the uced Project Site reasonably equate with the correspon 8 are not environmentally superior to the Alternative Project. R�rtc in Surnwrt of FindinE: The following facts are presented in support of this finding: a Development of the Project site would result in the conversion of this f the Pro ject () that area undeveloped located in the northwesterly co property to an urban use, excluding this time (although subsequent development may occur site which would remain undeveloped at under separate application). Residential land uses which would be developed under this alternative would be compatible with other residential and institutional uses now evident in the Project area. this alternative (and (b) Total grading quantities associated with the implementationreduced below those levels not inclusive of potential cumulative impacts) would be incrementally than �bted with the associated with the project, but would be substantially gra Alternative Project. Project implementation would continue to necessitate both the removal of Re.,0 tion-YIM No. 32400 42 Page 42 the majority of on-site vegetation and would result in landform alterations encompassing most of the Project area. (c) Air pollutant emissions levels, anticipated to occur both during construction operations and during the operational phase of this alternative would exceed the SCAQMD threshold values for significance. Since the alternative to the Project addressed herein involves both a reduction in grading Quantities and authorized development below those levels anticipated for the Project, the corresponding emission of criteria pollutants as may occur under Alternative No. 3 would be less than anticipated for both the Project and the Alternative Project. (d) Under this alternative, the site's development potential and corresponding direct, indirect and cumulative environmental impacts would be incrementally less than those associated with the Project, but would not significantly differ from the assumptions presented in the Final EIR for the Project. (e) Presently no development or associated map or deed restrictions ext upon t�ha area of Vesting Tentative Tract Map No. 32400. As a result, the project proponent(s) anner vested right under law to pursue the subsequent development of that property in consistent with public policy. Conversely, restrictions currently exist upon the remaining components of the Project areas, defined in the Final EIR as Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253; those existing restrictions limit the subsequent intensification of those areas in accordance with the terms of those restrictions. (f) Subsequent to the certification of the Final EIR by the City, the Walnut Valley Unified School District acquired, from R/N/P Development, Inc., that real Property Project site identified as Vesting Tentative Tract Map No. 51407. The acquisition of that real Y Property b the District has resulted in both a diminution of development pressures upon that portion of the Project site and enhanced subsequent opportunities for the preservation ofall or a portion of the remaining areas within the Project site. 4.4.3 '"" 7�--�^L eIIIMAdve Protect Ob : Alternative No. 3: Reduce Project Site would not meet the City's objectives since cumulative grading activities associated development likely to occur on-site would result in both the elimination of the majority of existing vegetation, including oak tree resources, and narrow the range of future public and private -sector options for the preservation of the site and its biotic resources. Since, from a cumulative perspective, Alternative No. 3 is not significantly different from the proposed Project, the corresponding environmental impacts associated with these two development options have been determined by the City to be similar. 4.4.4 Fe ibiliV: Alternative No. 3: Reduced Project site is infeasible since it both pre-empts from certain project proponent(s) a reasonable use of their lands and would necessitate the development and subsequent implementation of a resource conservation strategy sufficient to Resolution -VM No. 32400 43 Page 43 ensure the preservation of those portions of the Project site upon which no subsequent development is authorized hereunder. 4.5 Alternative No. 4: Cluster Development 4.5.1 Description of Alternative: Under Alternative No. 4: Cluster Development, site improvements would be restricted to those areas within the Project boundaries which would result in a minimization of impacts upon the site's principle natural feature (i.e., Sandstone Canyon) and the environmental resources contained therein. Development authorized hereunder would be concentrated in the eastern portion of the site, along Brea Canyon Road, and in the western portion of the site, in proximity to Morning Sun Avenue. Based upon the development assumptions presented in the Final EIR, an estimated 200 dwelling units and 27,225 square feet of commercial development could be anticipated hereunder. 4.5.2 Comparison of the Effects of Alternative No. 4 to the Effects of the Alternative Elwes The City finds that Alternative No. 4: Cluster Development is environmentally superior to both the Project and the Alternative Project. Facts in Support of Findings: The following facts are presented in support of these findings: (a) By limiting development to only peripheral areas, the amount of grading (e.g., cut and fill) required for development of this alternative would be significantly below those levels associated with the Project, and is anticipated to be less than those quantities associated with the Alternative Project. In the absence of a conceptual grading plan, the quality, on-site balance and precise comparison of those activities among different development options cannot be determined; however, by eliminating or reducing grading activities within the area of Sandstone Canyon, total grading quantities are estimated to be less than those associated with both the Project and Alternative Project. By removing development from those area of the site which possess the greatest biotic value, the effects of grading operations upon sensitive biological resources will be reduced below levels anticipated'for both the Project and Alternative Project. (b) Impacts upon the site's existing habitat value will be minimized and the site's existing role, if any, as a corridor for wildlife movement preserved. Although a number of oak trees now evident on the property would be removed in the area of development, the majority of oak trees would be maintained on-site. The number of trees requiring replacement would be dependent upon the size of the area impacted, but would be anticipated to be less than the number of oak trees to be impacted by both the Project and the Alternative Project. (c) Based upon the reduction in commercial square footage, traffic generation associated with that use would be reduced significantly below those levels associated with the Project. Since, under this alternative, the number of dwelling units exceeds the corresponding Resohaion-VnW No. 32400 44 Page 44 number associated with the Alternative Project, and since commercial development is anticipated hereunder, trip generation projections and the direct and indirect impacts associated therewith will exceed the comparable projections for the Alternative Project. Based upon this increased site intensification, cumulative traffic impacts would also be envisioned to be incrementally greater than those anticipated under the Alternative Project, but less than those impacts identified for the Project. (d) Although grading activities would be confined to peripheral areas, the use of heavy-duty construction equipment would produce an exceedance of SCAQMD threshold values for certain criteria pollutants during the construction term. Since grading activities and resulting development is anticipated to occur at levels below those associated with the Project, both short- term and long-term criteria emissions will be less than the corresponding levels attributable to the Project. Conversely, based upon the increased intensification of the Project site above levels associated with the Alternative Project, long-term air quality impacts resulting from the implementation of Alternative No. 4 will exceed projections associated with the Alternative Project. (e) Noise levels in the Project area result primarily from existing and projected traffic along both the Orange (SR -57) Freeway and Brea Canyon Road. Although reductions in Project -induced traffic will occur under this development option, that reduction will not significantly affect noise levels from these sources. Because of the proximity of residential development to the Orange (SR -57) Freeway and Brea Canyon Road, exterior noise level in proximity to those areas will exceed established exterior noise standards unless effectively mitigated. Should multi -family units be constructed in those locations, the number of dwelling units exposed to this exceedance condition will increase. Similarly, the design options available to attenuate those noise levels will decrease based upon unit orientation and proximity to noise generators. As a result, noise impacts to this alternative's residential component are anticipated to be greater than the corresponding impact associated with either the Project or Alternative Project, both of which are envisioned to minimize the number of dwelling units exposed, or potentially exposed, to these noise sources. (f) Presently no development or associated map or decd. restrictions exist upon the area of Vesting Tentative Tract Map No. 32400. As a result, the project proponent(s) has a vested right under law to pursue the subsequent development of that property in a manner consistent with public policy. Conversely, restrictions currently exist upon the remaining components of the Project areas, defined in the Final EER as Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253; those existing restrictions limit the subsequent intensification of those areas in accordance with the terms of those restrictions. (g) Subsequent to the certification of the Final EER by the City, the Walnut Valley Unified School District acquired from R/N/P Development, Inc. that real property within the Project site identified as Vesting Tentative Tract Map No. 51407. The acquisition of that real property by the District has resulted in both a diminution of development pressures upon that Resolution -VM No. 324M 45 page 45 portion of the Project site and enhanced subsequent opportunities for the preservation of all or a portion of the remaining areas within the Project site. �,� ���,� 3«:�Q slrprnatiye Project Objectives: Alternative No. 4: Cluster 4.5.3 L.. ,� . Development fulfills the City's resource management and preservation objectives since grading ment would be confined to those areas possessing the least activities and concomitant develop mixed -used project biological and habitat values. Similarly, by authorizing the development of a mproponent(s), upon the Project site, Alternative No. 4 fulfills the basic objectives of the project although the alternative development would not occur at the density or in the location requested in the corresponding subdivision applications. 4.5.4 Feat: Alternative No. 4: Cluster Development is feasible; however, implementation would necessitate the removal of existing development restrictions upon those portions of the Project site which comprise Vesting Tentative Tract Map No. S 1407 and Tentative Tract Map No. 51253. 4.6 Alternative No. S: Maximum Development 4.6.1 ^firm of Altennativ.: Under Alternative No. 5: Maximum a elm at, the project site would be further intensified to accommodate a mixed-use �elop � the acreage vel greater than that associated with the Project. To maximize develop potential allocated for open space and/or recreational use would b e rthershed and overall grading quantities would increase. Under this alternative,220 single-family detached residential units and 302,960 square feet of office and/or commercial use would be developed. 4.6.2 CommnsOn 01 um w— ne City finds that Alternative No. 5: Maximum Development superior to the Project.nor to the Alternative Project. The following facts are presented in support of these is neither environmentally findings: (a) Under this alternative, the number of residential dwelling units and square footage and/or retail commercial use would increase above those levels associated w office professional �. That intensification would further diminish with both the Project and the Alternative Prof the site area retained as an opalspaceresource and/or subsequent developmeet fora Public or private recreational land use. (b) grading quantities would be anticipated To accommodate a higher intensity use, to increase above levels associated with both the Project and the Alternative Project. Since in closer proximity to those existing residential areas residential uses would be constructed located along peaceful Hills Road, manufactured slope areas in Proximity to those uses would be more pronounced. R"o%tioR_VrM No. 32400 46 re 46 (c) Implementation of Alternative No. 5: Maximum Development would result in the elimination of all existing natural drainage courses now evident on-site, including the biological resources associated therewith. (d) The introduction of additional site uses will increase traffic -generation estimates above those associated with the Project and the Alternative Project and will further contribute to the projected exacerbation of local and regional cumulative traffic conditions. (e) Increased site intensification and additional contributions to regional and/or subregional traffic volumes will result in further contributions of criteria air pollutants above levels anticipated from both the Project and the Alternative Project. 4.6.3 Effectiveness in Meeting „Alternative Project Objectives: Alternative No. 5: Maximum Development would not meet the City's resource management or preservation objectives. Conversely, the City has adopted or is proposing potentially conflicting objectives which promote development opportunities which further the housing and economic development goals of the community. The development of a mixed-use project, of the scale proposed herein, may further those objectives at the expense of other environmental considerations. 4.6.4 Feas�: Alternative No. 5: Maximum Development is feasible; however, its implementation would produce direct, indirect and cumulative environmental impacts which are greater than the corresponding impacts associated with other development alternatives and would foreclose the City's pursuit of future development options focusing upon the- retention of those natural resources now evident upon the Project site. 4.7 Alternative No. 6: Tentative Tract Map No. 51253 4.7.1 option of Alternative: Under Alternative No. 6: Tentative Tract Map No. 51253, only a portion of the Project site would be developed, while the remaining portions of the Project site would be retained in their current condition. Under this option, up to 26 single- family detached residential units would be constructed upon an area of approximately 7± acres. Since, under this alternative, no long-term strategy is identified- to ensure the subsequent preservation of the remaining 164 t acres of the Project site, those areas could be subsequently developed in accordance with one or more of the development assumptions identified in the Final EIR. In the absence of either a public acquisition strategy or other mechanism to preserve the remaining portions of die Project site, it is reasonable to assume that Vesting Tentative Tract Map Nos. 32400 and 51407 might be resubmitted independent of the City's implementation of this alternative. Should that resubmittal and subsequent processing occur, the cumulative impacts of these activities would reasonably equate with the cumulative impacts identified in the Final EIR for the Project. 4.7.2 CgMpadson of the Effects of Alternative No 6 to the Effects of the Alternative Proiect: The City finds that the direct, indirect and cumulative effects of Alternative No. 6: Tentative Resobuion-PIM No. 32400 47 Page 47 Tract Map No. 51253 reasonably equate with the corresponding environmental effects of the Project, but that the impacts of this alternative are not environmentally superior to the Alternative Project. Facts in Suvuort of Findings: The following facts are presented in support of these findings: (a) Implementation of this alternative would not ensure the retention of those portions of the Project site which are not within the geographic boundaries of Tentative Tract Map No. 51253 for an open space or recreational use. It can be reasonably assumed that separate development applications would be resubmitted upon those portions of the Project site now defined as Vesting Tentative Tract Map Nos. 32400 and 51407. Should that resubmittal occur, it is further reasonable to assume that the cumulative impacts of all development activities within the Project boundaries would be similar to those discussed for either the Project or such other alternatives as may be described in the Final . EIR and addressed herein. (b) Lot configuration would necessitate the placement of fill or dredged materials into the westerly intermittent blue -line stream which presently exists within the Project boundaries. Similarly, since no preservation plan is proposed for the remaining portions of the Project site, it can be concluded that future development would, in all likelihood, adversely effect remaining watercourse areas on-site. (c) Construction of a residential use along the site's westerly boundary (i.e., Tentative Tract Map No. 51253), in the absence of a development or preservation strategy for the remaining Project area, may foreclose or otherwise limit future site planning and access consideration for the remaining portions of the site. (d) Presently no development or associated map or deed restrictions exist upon the area of Vesting Tentative Tract Map No. 32400. As a result, the project proponent(s) has a vested right under law to pursue the subsequent development of that property in a manner consistent with public policy. Conversely, restrictions currently exist upon the remaining components of the Project areas, defined in the Final EIR,as Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253; those existing restfUaroos limit the subsequent intensification of those areas in accordance with the terms of those restrictions. (e) Subsequent to the certification of the Final EIR by the City, the Walnut Valley Unified School District acquired from R/N/P Development, Inc. that real property within the Project site identified as Vesting Tentative Tract Map No. 51407. The acquisition of that real property by the District has resulted in both a diminution of development pressures upon that portion of the Project site and enhanced subsequent opportunities for the preservation of all or a portion of the remaining areas within the Project site. Rmohalon-V M No. 324W 48 Page 48 4.7.3pnmed • Alternative No. 6: Tentative Tract Map No. 51253 would not meet the City's objectives since cumulative grading activities and associated development Wily to occur on-site would result in both the elimination of the future majority of emoting vegetation, including oak tree rgourees, and/or narrow the range Since, and private-secwr options for the preservation of the site and its biotic relOWM. from a cumulative perspective, Alternative No. 6 is not significantly different from the proposed project, the corresponding environmental impact associated with these two &wjopment options have been determined by the City to be similar. 4.7.4 EC&.&i111X: Alternative No. 6: Tentative Tract Map No. 51253 is infeasible since it pre- empts from certain project proponents) a reasonable use of their lands, has to confront the ev subsequent development of the remaining portions of the Project site or present a resource conservation strategy for the ultimate pry of those areas. Although delopment or associated deed or map restrictions presently exist Upon that portion of the Project site identified in the Final EIR as Vesting Ta tative Tract MIP No. 51407, no simile restrictionsare presently in force governing Vesting Tentative Tract Map No. 32400. 4.8 Altemdn No. 7: NorWSat6 Cao7on Pc Oe 4.8.1.w of : Under this alternative, the majority of the area defined as would be preserved for Tither open VON a recreational purposes. Sandstone Canyon would be concentrated on the weIWY' portion of Development activities authorised hereunderdweHingwouldon an area the Project site and would include up to 103 tinglefly detcbed m dm Pbnl OR which would of approximately 35 t acres. No �Y is, �W'ftwd&W identified in ensure the subsequent presavation of the nordwssoly Portion of the Mica the Final FIR as Vesting Tentafft Tract Map No. 32400, which is. in Separate ownaship from the area upon which development activities are proposed under this alternative. of AlternIAM 4.8.2 AlkthMN[OtoEMM'QL� environmentally to both the Alternative No. 7: North/S686Canyon Preservation . Project and to the Alternadw Prolect- Fa= in SHOW Of EWWW • The following fact are pmenied in support of theft findings: (a) Uader AIMMadve No. 7: North/South Canyon preservation, approximately 35 t acres of the Project site, within the area of vesting Tentative Tract Map No. 51407, would be developed for a residential use, accommodating a1PProximatel Y 103 angle -family dwelling units. Although Tentative Tract Map No. S 1253 is not Y addressed ' the development ted of that subdivision map area in a manner genersny cmaw with that oonfigutstim Pim Of that subdivision in the Final EIR could reasonably occur under that alternative• A q application would introduce up to an sdditional 26 dwel ft unit upon t acres �mprising in anopen space that application. The remaining portions of the project site would be remind lbwirtiowVZW M. 32400 49 Pte. use, resulting in the preservation of those resources contained thereupon. The size of the preservation area, including its retention in a natural condition, exceeds the corresponding preservation area identified under the Project and, based upon the avoidance of development activities within that retention area, results in the provision of an open space resource that has greater habitat value than the improved open space area associated with the Project - (b) As identified in the Final EIR, the area within and adjoining SandstoneCanyon has the greatest concentration of oak tree resources. The preservation of that canyon therefore, results in a lesser biotic impact upon that resource as compared with both the Project and the Alternative Project. (c) By concentrating development in the westerly portion of the site, the intermittent blue -line stream which presently exists in that area would be eliminated; however,Although more predominate watercourse within Sandstone Canyon would be preserved. g prior P have oust affected those portions of that development activities in the Project vicinity previously the sources and quality of that watercourse which exist off-site, including both impacts uponoak woodland water, the remaining watercourse forms the basis for a viable, albeit fragmented, ecosystem. Implementation of this alternative would result in the retention of the remaining segment of that watercourse and the majority of the plant community associated therewith. (d) Under this alternative, the majority of the existing oak tree resources in the area rd, with the exception of those located within and of Sandstone Canyon would be preserved, access road connecting Mfg Sun Drive and adjoining the alignment of the proposed under I,arkstone Drive with Brea Canyon Road. Although no grading Plan has been developed a review of those oak tree surveys presented in the upon this alternative, it is assumed (based under this alternative Final EIR) that the number of oak trees which may be potentially impacted are less than the number associated with either the Project or the Alternative Project. (e) To accommodate this alternative, both the westerly portion of the Project site and the area of the proposed collector road alignment would be graded to create building pads and quantities are not determined at this time, the the interior roadway system. Although grading q and/or imported to total quantity of earthen material to be moved (e.g., cut and fill),,expoi�d aired � implement accommodate development plans is estimated to be less than the amount req P either the Project or the Alternative Project. By reducing grading quantities, the corresponding construction -term air quality impacts may be reduced; however, the generation of significant construction term and operational phase air quality impacts would not be avoided. (t) Although Project -related traffic generation would be reduced under this alternative, the cumulative contribution of those trips onto area roadways would further exacerbate existing regional traffic conditions, which include the projected exceedance of roadway design capacities at a number of study area intersections. The impacts upon local and regional transportation stems are projected to be less than those associated with the project and generally comparable with those resulting from the implementation of the Alternative Project. Page so Resolwtion-VIM No. 32400 SU (g) presently no development or associated map or deed restrictions exist upon the area of Vesting Tentative Tract Map No. 32400. As a result, the project proponent(s) has a vested right under law to pursue the subsequent development of that property in a manner consistent with public policy. Conversely, restrictions currently exist upon the remaining components of the Project areas, defined in the Final EIR as Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253; those existing restrictions limit the subsequent intensification of those areas in accordance with the terms of those restrictions. (h) Subsequent to the certification of the Final EIR by the City, the Walnut leY the Unified School District acquired from R/N/P Development, Inc. that real property within Project site identified as Vesting Tentative Tract Map No. 51407. The acquisition of that real property by the District has resulted in both a diminution of development pressures upon that portion of the Project site and enhanced subsequent opportunities for the preservation of all or a portion of the remaining areas within the Project site. 4.8.3 Effectiveness in Meeting Alternative PrOlect ObJOG&Ss4: Alternative No. 7: North/South Canyon Preservation would meet the City's objectives for resource management and preservation since a significant portion of the Sandstone Canyon area would be retained in its natural condition; however, in the absence of a preservation plan for that portion of the Project site located external to Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253 (i.e., Vesting Tentative Tract Map No. 32400), there is no long-term assurance that subsequent development activities would not occur and contribute to cumulative impacts upon both the Project site and within the region. 4.8.4 Feasibility: Alternative No. 7: North/South Canyon Preservation is infeasible since it both pre-empts from certain project proponent(s) a reasonable use of their land and would necessitate the development and subsequent implementation of a resource conservation strategy sufficient to ensure the presw adon of. those portions of the Project site upon which no subsequent development is authored hereunder. 4.9 Alternative No. 8: East/West Canyon Preservatlon 4.9.1 DescriRtion of Alternative: Under Alternative No. 8: East/West Canyon Preservation, only the area comprising Vesting Tentative Tract Map No. 32400 would be developed; the remaining portion of the project site would be retained as open space and/or be developed in accordance with the terms of the development or associated map or deed restrictions contained thereupon. Based upon the assumptions presented in the Final EIR, development would result in the introduction of up to 91 single-family residential units within the area of Vesting Tentative Tract Map No. 32400. Alternative No. 8 would necessitate the importation of approximately 393,150 cubic yards of soil. Although no strategy is formulated in the Final EIR which would ensure the subsequent preservation of the remaining project area, identified in the Final EIR as Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253, which are in separate ownership from the area upon which development activities are proposed, existing Resolution -VLM No. 32400 51 Page SI development or associated map or deed restrictions currently exist upon those areas which limit subsequent development opportunities upon those properties containing those restrictions. Alternative No. 8 East/West Canyon Preservation addresses the entire Project site, authorizing development of Vesting Tentative Tract Map No. 32400, or an alternative subdivision map which is generally consistent with the lot and street configuration of that subdivision map represented in the Final EIR, and resulting in the retention of those portions of the Project site identified as Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253, although no resource conservation strategy is presently proposed for the preservation of those areas. In contract, the Alternative Project approved by the City focuses exclusively upon Vesting Tentative Tract Map No. 32400. Under the Alternative Project, the City has elected to defer action(s) upon both Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253. As a result, although Alternative No. 8: East/West Canyon Preservation and the Alternative Project are similar in outcome (e.g., approval of Vesting Tentative Tract Map No. 32400), each development scenario should be considered distinct. 4.9.2 Com2adson of the Effects of Alternative No 8 to the Effects of the Alternative Project: Alternative No. 8: East/West Canyon Preservation is environmentally superior to the proposed Project. The City further finds that the direct, indirect and cumulative effects of Alternative No. 8 reasonably equate with the corresponding environmental effects anticipated to result from the Alternative Project. Facts in Suvnort of Findings: The following facts are presented in support of these findings: (a) Under Alternative No. 8: East/West Canyon Preservation, approximately 45± acres of the Project site would be developed within the area of Vesting Tentative Tract Map No. 32400 for a residential use. (b) Although Tentative Tract Map No. 51253 is not approved hereunder, existing development, deed or map rrestrictions currently authorize the development of one dwelling unit upon each of the three parcels that comprise that subdivision map area. Should subsequent development occur upon those parcels, it is reasonable to assume that a significant proportion of the 7 t acre site would be retained in an open space condition and that the majority of those biotic resources (e.g. oak trees, intermittent blue -line stream) located thereupon would be preserved. (c) By reducing the Project area to be developed, overall grading quantities would be reduced below those levels associated with the Project; however, unlike the Project, this alternative would necessitate the importation of additional soil from either the adjoining South Pointe Middle School site or another source to fulfill this alternative's grading plan. Independent of the City's actions, the Walnut Valley Unified School District is pursuing the exportation of that surplus soil material located upon and adjacent to the South Pointe Middle School to that Rewhuion-VIM No. 32400 52 Page 52 portion of the Project site identified as Vesting Tentative Tract Map No. 51407. Since the area of Vesting Tentative Tract Map No. 32400 adjoins Brea Canyon Road and can be accessed without transversing established residential areas or impacting adjoining residential land uses, importation activities can be conducted with minimal effects upon adjoining land uses. (d) Based upon the volume of requisite grading and associated construction activities, the number of residential units authorized hereunder, and the projected traffic volumes resulting therefrom, short-term and long-term air quality impacts have been determined by the City to be significant based upon the criteria established by the SCAQMD. Although resulting in an exceedance of those threshold criteria, the emission estimates are significantly less than those quantities envisioned from the Project, thereby reducing potential alternative -related impacts upon the South Coast Air Basin. (e) Based upon the existing concentration of oak tree resources within the subdivision map area, a significant percentage of the 333 specimen -sized oak trees which presently exist within the boundaries of this tract map area would be eliminated. Although the number of trees to be impacted is less than the estimated 768 oak trees which would be removed to accommodate the Project, this impact would significantly affect those oak tree resources now located within the Alternative Project site. (f) Although Project -related traffic generation would be reduced under this alternative, the cumulative contribution of those trips onto area roadways would further exacerbate existing regional traffic conditions which include the projected exceedance of roadway design capacities at a number of study area intersections. The impacts upon local and regional transportation systems associated with this alternative are, however, projected to be less than those associated with the Project. (g) Presently no development or associated map or deed restrictions exist upon the area of Vesting Tentative Tract Map No. 32400. As a result, the project proponent(s) has(have) a vested right under law to pursue the subsequent development of that property in a manner consistent with public policy. Conversely, restrictions correctly exist upon the Project areas defined in the Final EIR as Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253; those existing restrictions limit the subsequent intensification of those areas in accordance with the terms of those restrictions. (h) Subsequent to the certification of the Final EM by the City, the Walnut Valley Unified School District acquired from R/N/P Development, Inc. that real property within the Project site identified as Vesting Tentative Tract Map No. 51407. The acquisition of that real property by the District has resulted in both a diminution of development pressures upon that portion of the Project site and enhanced subsequent opportunities for the preservation of all or a portion of the remaining areas within the Project site. Resolution -VIM No. 32400 1 53 Page 53 4.9.3 Effectiveness in Meeting Alternative Project Objectives: Alternative No. 8: East/West Canyon Preservation would meet the City's objectives for resource management and preservation since a significant portion of the Sandstone Canyon area would be retained in its natural condition. Based upon existing development deed or map restrictions upon the area of Vesting Tentative Tract Map No. 51407, including the recent acquisition of that site by the Walnut Valley Unified School District, the City concludes that preservation efforts upon that portion of the Project site can be effectuated under this alternative. 4.9.4 Feasibility: Alternative No. 8: East/West Canyon Preservation is feasible. 4.10 Alternative No. 9: Export of Surplus Soil Material 4. 10.1 Description of Alternative: This alternative assumed both the retention of the Project site as an open space use and the exportation of surplus soil material now stockpiled upon the South Pointe Middle School site to an off-site depository. To accommodate the exportation of that soil material, the Final EIR assumed that all residual material would be transported by 24 - ton capacity trucks via the local street system to the Spadra Landfill, located approximately four miles from that school site. This alternative is similar to Alternative No. 1: No Project Alternative, as described herein, except that under Alternative No. 1: No Project Alternative, surplus soil material now stockpiled upon and adjoining the grounds of the South Pointe Middle School would be deposited upon the Project site. 4.10.2 Alternative No. 9: Export of Surplus Soil Material is neither environmentally superior to the proposed Project nor the Alternative Project. Facts in Support of Findings: The following facts are presented in support of these findings: (a) Assuming that 400,000 cubic yards of export would be required to facilitate the implementation of the approved facility plan for the South Pointe Middle School by the District, an estimated 25,640 truck trips (i.e., 12,820 full and 12,820 empty) would be required to haul the surplus soil off-site. If smaller 15 -ton haul trucks are utilized, and the estimated export increased to 425,000 cubic yards, the estimated number of haul trips could increase to 43,590 total trips (i.e., 21,795 full and 21,795 empty). These projections neither include employee trips nor the import/export of construction equipment required to effectuate grading activities. (b) The only feasible haul -route would involve the introduction of significant truck traffic upon existing residential streets connecting the South Pointe Middle School site with the arterial street system located in the Project vicinity. Nine separate residential intersections would be impacted by the haul route depicted in the Final EIR. Resobalon-VnW No. 32400 54 Page 54 (c) Based upon the number of vehicular trips, the projected term of grading operations (i.e., 18 weeks), the curvilinear nature of the area's street system, the number of intersections affected, and the potential vehicular -pedestrian conflicts resulting therefrom, the implementation of a truck -haul export plan cannot be implemented without adversely affecting both the local street system and the residential area adjoining those roadways. (d) An alternative truck -haul route through the Project site to Brea Canyon Road was rejected based upon the existing topographic characteristics of the Project site which would necessitate significant landform alterations to construct a temporary haul -route. The constraints associated with the creation of a temporary haul -route of suitable gradient to accommodate haul trucks, the impacts upon that existing intermittent blue -line stream located in the easterly portion of the site (associated with the development of a design plan to cross over that watercourse), the width of the roadway to accommodate two -directional traffic, and the corresponding impacts to the site's oak tree resources which may realistically occur should a temporary haul -route be constructed, all materially contribute to the City's finding that this alternative haul -route is infeasible. 4.10.3 Effectiveness in Meeting Alternative Project Objectives: Alternative No. 9: Export of Surplus Soil Material would not meet the City's objectives since it would neither address the pending development applications upon the Project site nor further declared public objectives to promote preservation plans within the Sandstone Canyon area. 4.10.4 Feasibility: Alternative No. 9: Export of Surplus Soil Material_ is infeasible; the significant adverse impacts upon Project area residents, including the safety of children who may reside along or proximal to that haul route, makes a truck -haul option infeasible. �J FINDINGS REGARDING MITIGATION MEASURES . WHICH HAVE BEEN IDENT0,11,D IN THE FINAL ENVIRONMENTAL IMPACT REPORT BUT WHICH HAVE NOT BEEN ADOPTED AS CONDITIONS OF ALTERNATIVE PROJECT APPROVAL BY THE CITY The Final EIR contains a number of recommended mitigation measures identified by the City or included in response to public and/or agency comments submitted upon both the Project and the Project's environmental documentation. 'fie City finds that, based upon the City's intent to adopt the Alternative Project in lieu of the Project, many of the measures presented in the Final EIR are not applicable to the Alternative Project based upon the nature of the Alternative Project, the potential environmental effects that may result therefrom, the significance or potential significance of those environmental effects and/or the geographic area upon which those effects may occur. Presented herein is a listing of those mitigation measures identified in the Final EIR which have not been adopted as conditions of Alternative Project approval by the City and the facts provided in support of this finding. Resohaion-VIM No. 32400 55 Page 55 5.1 Land Use 5. 1.1 JtMsed Mitigation Measures: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measure in response to the potential land use impacts that may result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: All exterior lighting associated with proposed commercial/office uses to be developed on-site shall be orientated to minimize light intrusion onto adjoining residential areas. Finding: The City hereby finds that the recommended mitigation measure, as identified in the Final EIR, is not directly relevant to the Alternative Project. Facts in SuMort of Finding: The following facts are provided in support of the recommended deletion of this mitigation measure: (a) No retail commercial, office professional or other associated land uses will directly or indirectly result from the implementation of the Alternative Project by the City. (b) In the absence of those land uses, including any exterior lighting associated therewith, no light intrusion impacts upon adjoining residential uses are anticipated or are likely to occur as a result of the implementation of the Alternative Project. F*M� -1 5.2.1 Proposed Mitigation Measure: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measure in response to potential geologic, geotechnical and seismic impacts that may affect Project area residents and improvements resulting from the approval of the Alternativo Project: All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City and County standards and shall conform with recommendation contained in the Preliminary Soils Engineering Investigation for Tentative Tract No. 324010, County of Los Angeles (Petra Geotechnical, Inc., October 18, 1988), , Gteep, S"Ww 21, 1992) and such other geotechnical reports as may be prepared for the site and/or required by the City and County. Finding: The City hereby finds that the recommended mitigation measure, as identified in the Final EIR, is not directly relevant to the Alternative Project. Based upon this fording, the City recommends that the referenced mitigation measure be revised, as follows: Resolution -VIM No. 32400 56 Page 56 All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City of Diamond Bar and County of Los Angeles standards and shall conform with recommendations contained in the Preliminary Soils Engineering Investigation for Tentative Tract No. 32400, County of Los Angeles (Petra Geotechnical, Inc., October 18, 1988) and such other geotechnical reports as may be prepared for the site and/or required by the City and County. Facts in SW= of Finding: The following facts are provided in support of the recommended modification of this mitigation measure: (a) The approval and subsequent implementation of the Alternative Project does not include that geographic area addressed in the report entitled Geographic Feasibility Investigation for 80 Acre Development NIO Pat4finder Rd. and W/O Brea Carryon Rd. (RMA Group, September 21, 1992). (b) Based upon the deletion of that geographic area (i.e., Vesting Tentative Tract Map No. 51407) from the approvals contemplated under the Alternative Project, the inclusion of that study as a required condition of approval, including the recommendations contained therein, does not directly relate to the approval the Alternative Project (i.e., Vesting Tentative Tract Map No. 32400). (c) The remaining elements of this mitigation measure have, however, been retained and are referenced both in this finding and the accompanying Mitigation Reporting and Monitoring Program. 5.3 Biological Resources 5.3.1 EMsed Mitigation Measure: The Final EIR recommends that the Lead Agency implement the following mitigation measure in response to potential impacts upon the Project site's oak tree resources: Prior to the initiation of grading activities, the project proponent(s) shall obtain an oak tree permit(s) in ice with Part 16 -Chapter 22.56 of Tide 22 (Planning and Zoning Code) of the Los Angeles County Code, or similar ordinance enacted by the City prior to the commencement of grading operations, and shall comply with all conditions imposed upon the recipient(s) of that permit(s) issued by the County of Los Angeles Fire Department (Forestry Division) and/or the City of Diamond Bar. Finding : The City hereby finds that the recommended mitigation measure, as identified in the Final EIR, is not directly relevant since it fails to accurately reflect the sequence in which Resohaion-VW No. 32400 57 Page 57 entitlements and associated approvals occur within the City. Based upon this finding, the City recommends that the referenced mitigation measure be revised, as follows: Prior to the initiation of grading activities, the project proponent(s) shall formulate and the City shall review and, upon acceptance by the City, approve an implementation strategy for oak tree mitigation, in accordance with Part 16 - Chapter 22.56 of Title 22 (Planning and Zoning Code) of the Los Angeles County Code, or similar ordinance enacted by the City prior to the commencement of grading operations, including a performance schedule for compliance with all conditions imposed upon the recipient(s) of that permit(s) issued by the City of Diamond Bar. Facts in Suyort of Finding: The following facts are provided in support of the recommended modification of this mitigation measure: (a) By approving Vesting Tentative Tract Map No. 32400, the City has also issued the requisite oak tree permit(s) to the project proponent(s). (b) By focusing upon the permit rather than the project proponent(s) implementation strategy for oak tree mitigation, the referenced mitigation measure fails to address both the requisite compensation plan and performance schedule for the provision of replacement resources. 5.4 Water 5.4.1 Eosed Mitigation Measure: The Final EIR recommends that the Lead Agency and/or .affected Responsible Agencies implement the following mitigation measure in response to the potential water -related impacts that may result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: Prior to the approval of any final tract niap(s), the project applicant(s) shall submit and the City Engineer shall approve a hydrology study examining potential drainage alternatives to minimize potential impacts upon the. existing storm drain facility in Fairlance Drive (i.e., P.D. 1467), including: (1) on-site retention of stormwater to allow timed discharge to that facility; (2) phasing of development activities tied to the capacity of and improvement to that stormwater system; and (3) alternative drainage solutions which would reroute on-site flows to alternative drainage conduits. Finding: The City hereby finds that the recommended mitigation measure, as identified in the Final EIR, is not directly relevant to the Alternative Project as currently proposed. Resolution-V!M No. 32400 58 Page 58 Facts in S=ort of Finding: The following facts are provided in support of the recommended deletion of this mitigation measure: (a) The drainage basin of which Vesting Tentative Tract Map No. 32400 is a part, is separate and distinct from the drainage basin which discharges into P.D. 1467, in the vicinity of Fairlance Drive, as depicted in the Final EIR. Based upon both the independency of these drainage basins and the absence of Alternative Project improvements which may alter site- specific drainage flows so as to produce discharge to P.D. 1467, no impacts to that drainage facility or to the quantity or quality of surface water therein is likely to occur. (b) Alternative Project implementation will not result, either directly or indirectly, in the generation of impacts upon P.D. 1467. 5.5 Transportation/Circulation 5.5.1 Proposed Mitigation Measures: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measures in response to potential traffic and/or circulation impacts that might result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: Brea Canyon Road shall be constructed to the planned four -lane cross-section between Colima Road and Pathfinder Road. Plus, left -turn lanes shall be provided at each of the three project access points along Brea Canyon Road. The location of the three new project access points along Brea Canyon Road shall be designed to provide adequate sight distance. Care shall be taken that the future grades and landscaping adjacent to these intersections, as well as all internal project intersections, do not obstruct the necessary line -of -sight. With the development of the site plan for both the retail and residential components of the project, a traffic signal wan -ant shall be conducted to determine if a traffic signal is required. Finding: The City hereby finds the recommended mitigation measures, as identified in the Final EIR, are not directly relevant to the Alternative Project. Based upon this finding, the City recommends that the referenced mitigation measure be. revised, as follows: Concurrent with the development of Vesting Tentative Tract Map No. 32400, and prior to the issuance of a use and occupancy permit for any of the residential units contained therein, the project proponent(s) shall improve Brea Canyon Road to the planned four -lane cross-section of that roadway, as determined by the City Engineer. Reso&don-NIM No. 32400 59 Page 59 A left -turn lane shall be provided at the proposed point of vehicular ingress and egress along Brea Canyon Road. That access point shall be designed to ensure adequate sight distances along that roadway; street grades and landscape improvements adjacent thereto shall be evaluated by the City of Diamond Bar and, if required, modified to avoid interference of safe line -of -sight distances. Prior to the approval of the final vesting map, the project proponent(s) shall submit, and the City of Diamond Bar shall review and consider, a traffic signal warrant to determine whether a traffic signal is required at that access point to the subdivision map area from Brea Canyon Road. If deemed warranted by the City, based upon the findings of that traffic analysis, the project proponent(s) shall either construct or advance the funds to construct an operable traffic signal of the type and in the time frame determined appropriate by the City. Secondary access shall be provided to the project site, as determined by the City Engineer. Facts in Suvnort of Finding: The following facts are provided in support of the recommended modification of these mitigation measures: (a) Since Vesting Tentative Tract Map No. 32400 is only a portion of the entire Project site examined in the Final EIR and contains only limited frontage along Brea Canyon Road, the imposition of improvement requirements in excess of that frontage may impose obligations on the project proponent(s) beyond the benefits to be derived from the City's approval of that subdivision map. (b) The elimination of the Project's commercial component and secondary access points along Brea Canyon Road negates the further need at this time for additional left -turn lanes along that roadway, beyond that required to provide vehicular access to Vesting Tentative Tract Map No. 32400. 5.5.2 JRosed Mitigation Measure: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measures in response to the potential transportation and/or circulation impacts that may result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: Long-term (Year 2002) Intersection Improvements. Additional improvements beyond the near-term (year 1997) intersection improvements are required at four intersections to accommodate ambient traffic growth to the year 2002. The project shall contribute its appropriate share for funding of these long-term intersection improvements. The long-term intersection improvements are: (1) Colima Road/Brea Canyon Cutoff - convert eastbound right -turn lane on Colima Road to a third through lane; (2) Colima Road/Lemon Avenue - stripe a Resolution -VIM No. 32400 60 Page 60 westbound right -turn lane on Colima Road within the existing street width; (3) Brea C=on gauVpathfinder Road - add a second southbound left -turn lane on Brea Canyon Road; and (4) Pathfinder Roati/Northbound SR -57 Ramps - add a westbound right -turn lane (this improvement will require widening along the north side of Pathfinder Road). Finding: The City hereby finds that the recommended mitigation measure, as identified in the Final EIR, is not directly relevant to the Alternative Project. Facts in Support of_Findiing: The following facts are provided in support of the recommended deletion of this mitigation measure: (a) Based upon both the reduction in the number of residential dwelling units and elimination of non-residential land uses authorized within the Project site, and the implementation schedule for the improvements authorized hereunder, all direct and indirect impacts upon the area's roadway network are envisioned to occur within the near term (i.e., 1997), rather than in the long term, as indicated in the Final EIR. As a result, the imposition of long-term improvement obligations, in exceedanc a of those improvements required to mitigate Alternative Project impacts, would result in the imposition of excessive obligations upon the project proponent(s) beyond the benefits to be derived from the City's approval of that subdivision map. (b) No regional funding mechanism is currently contemplated or in place to finance potential traffic and circulation system improvements to the area's roadway network. 5.6 Air Quality 5.6.1 R=sed Mitigation Measures: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measures in response to the potential air quality impacts that may result from the development and subsequent occupancy of the project site, as identified and analyzed therein: Commercial Site: Implement on-site circulation plans in parking lots to reduce vehicle queuing. Commercial Site: Improve traffic flow at drive-throughs by designing separate windows for different functions and providing temporary parking for orders that are not immediately ready for pickup. Commercial Site: Use energy efficient low -sodium parking lot lights. Rttolwtion-VM No. 32400 61 Pass 61 Commercial Site: Provide adequate ventilation systems for enclosed parldng facilities. Commercial Site: Use lighting controls and energy-efficient lighting. Commercial Site: Provide preferential parking spaces for carpools and vanpools and follow other guidelines as defined in the City's transportation demand management (TDM) plan. Findings: The City hereby finds that the recommended mitigation measures, as identified in the Final EIR, have either been addressed by other mitigation measures adopted by the City and set forth herein or are not directly relevant to the Alternative Project. Facts in SuM= of Findings: The following facts are provided in support of the recommended deletion of these mitigation measures: (c) The City has identified and will implement comparable mitigation measures which, when performed, will provide the same or similar benefits as those measures identified herein. (d) Since fugitive dust impacts are the primary consequence of grading activities and since ozone and not fugitive dust is the principal criteria for the declaration of smog alerts, the effectuation of the grading plan will have minimal impacts upon air quality conditions present during those alerts. (e) The elimination of the Project's commercial component negates the further need to impose mitigation measures or other related conditions of approval upon non-residential activities. 5.7 Noise 5.7.1 R=sed Mitigation Measure: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measure in response to potential traffic -related noise impacts that might result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: Prior to the issuance of occupancy permits for residential Lot Nos. 34 through 42, inclusively, within Tentative Tract Map No. 32400, the Project applicant(s) shall construct a suitable noise barrier for those properties effectively attenuating traffic noise to levels in compliance with City noise standards. Compliance shall be based upon the City's acceptance of a subsequent noise study for those properties and implementation of those measures deemed appropriate by the City Engineer. Resolution -VIM No. 32400 C2 Pop 62 ceding: The City hereby finds that the recommended mitigation measure, as identified in the Final EIR, is not directly relevant to the Alternative Project. Based upon this finding, the City recommends that the referenced mitigation measure be revised, as follows: To minimize noise levels in the vicinity of the SR -57 Freeway, as perceived by those future residential receptors which will occupy dwelling units in proximity to that roadway, the design of those residential units which have frontage along Brea Canyon Road or which, in the absence of an adjoining slope easement, would abut that roadway, shall include additional noise attenuation to a degree sufficient to ensure that the exterior areas of said units conform to the City of Diamond Bar's exterior residential standards. Noise attenuating design options include, but are not limited to, the construction of a noise barrier of a minimum height of eight (8) feet, as measured from the pad elevation of the corresponding lot upon which the noise barrier is constructed. Prior to the issuance of a use and occupancy permit for any dwelling unit which is so situated, the project proponent(s) shall submit, and the City shall review and consider, the findings of an acoustical analysis demonstrating compliance with applicable municipal noise standards. Facts in SUVpW of Finding: The following facts are provided in support of the recommended modification of this mitigation measure: (a) Based upon the dynamic nature of the design process, the lot numbers referenced in the mitigation measure, as extracted from the Final EIR, may or may not accurately reflect the lot numbers of the affected parcels. As a result, reference to a specific lot number(s) may result in the imposition of conditions upon parcels which do not contain the identified impact. 5.7.2 Erased Mitigation Measure: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measure in response to the potential noise impacts that may result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: Prior to the issuance of building permits for the project's commercial/office component, an acoustical analysis shall be prepared to assess project compliance with municipal noise standards. Should noise levels exceed established criteria, appropriate actions shall be taken to minimize noise impacts upon site users. Finding: The City hereby finds that the recommended mitigation measure, as identified in the Final EIR, is not directly relevant to the Alternative Project. Facts .n uaoort of Finding: The following facts are presented in support of the recommended deletion of this mitigation measure: Resohihon-VnW No. 32400 63 Page 63 (a) No retail commercial and/or office professional uses are contemplated herein or likely to occur as a direct or indirect consequence hereof. (b) The elimination of the Project's commercial component negates the further need to impose mitigation measures or other related conditions of approval upon non-residential activities. 5.8 Police Protection 5.8.1 R02poM�d Mitigation Measures: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measures in response to the potential police protection impacts that may result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: Prior to the issuance of building permits, the California Highway Patrol shall be provided the opportunity to review building plans for the project's commer- cial/office area to assist in ascertaining overall staffing allocations for the area and commenting on the security and access components of the design plan(s). Parking areas which may be associated with recreational and commercial/office land uses within the project site shall be well -lit and allow for unobstructed visibility. Finding: The City hereby finds that the recommended mitigation measures, as identified in the Final EIR, are not directly relevant to the Alternative Project. Facts in sum= of Fin_din_g: The following facts are provided in support of the recommended deletion of these mitigation measures: (a) Implementation of the Alternative Project will not directly or indirectly result in the issuance of building permits for recreational, retail commercial and/or office professional uses upon the Project site. (b) The elimination of the Project's commercial component negates the further need to impose mitigation measures or other related conditions of approval upon non-residential activities. 5.9 Solid Waste 5.9.1 Prow+ Mitigation Measure: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measures in response to the potential impacts upon solid waste collection and disposal systems that may result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: Rawhdion-Vn V No. 324W 64 Page 64 Prior to issuance of building permits for the project's commercial/office component, a solid waste management plan identifying waste type, amount and final destination of all inert materials diverted or recycled, shall be submitted to and accepted by the City of Diamond Bar. Following occupancy, trash bins and barrel recycling enclosures shall be provided and maintained in locations acceptable to the City of Diamond Bar. Such information shall be specifically shown on the plans submitted for building permits. Finding: The City hereby funds that the recommended mitigation measure, as identified in the Final EIR, is not directly relevant to the Alternative Project. Facts in SUM= of Finding: The following facts are provided in support of the recommended deletion of this mitigation measure: (a) In the absence of a commercial or office component, a solid waste management plan is not required hereunder. (b) The elimination of the Project's commercial component negates the further need to impose mitigation measures or other related conditions of approval upon non-residential activities. (c) Other mitigation measures identified in the Final EIR and adopted by the City will result in the reduction or avoidance of the identified impact. 5.10 Parks/Recreation 5.10.1 E=sed Mifigagon UcLm: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measure in response to the potential parks and recreational impacts that may result ' from the development and subsequent occupancy of the Project site, as identified and analyzed therein: Prior to the approval of the tentative and vesting tract maps, the Project applicants shall coordinate development plans with the Los Angeles County Department of Parks and Recreation to facilitate implementation of the County's regional trail system. If required by the County, adequate provisions (e.g., trail dedication, signage) shall be provided to ensure the dedication of any required trail links. Dedication and development of the proposed park site shall comply with design standards for park size, location, relationship to adjacent properties and Resoi cion -MW No. 32400 65 Page 65 community facilities as contained in the Master Plan of Parks or as may be otherwise required by the Parks and Recreation Commission and the Director of the City of Diamond Bar Parks and Recreation Department. Finding: The City hereby finds that the recommended mitigation measures, as identified in the Final EIR, are not directly relevant to the Alternative Project. Based upon this finding, the City recommends that the following mitigation measure be adopted as a condition of Alternative Project approval: The project proponent(s) shall coordinate development plans with the City of Diamond Bar Department of Parks and Recreation. Facts in Sunoort of Finding: The following facts are provided in support of the recommended deletion of these mitigation measures: (a) Although park in -lieu fees will be paid to the City by the project proponent(s), no park dedication obligations, as imposed by the City and/or County, are required hereunder. (b) The elimination of the Project's recreational component negates the further need to impose mitigation measures or other related conditions of approval upon non-residential activities. (c) Improved opportunities for linkages with the Countywide trail. system exist upon the remaining portions of the Project site. 6 FINDINGS REGARDING MITIGATION REPORTING OR MONITORING PROGRAM 6.1 E=uirement for MitiLidon Reporting or Moet dU Ewgm: Section 21081.6 of the Public Resources Code requires that when a public agency is making the findings required by Section 21081(a) of the Public Resources Code, the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval, in order to mitigate or avoid significant effects on the environment. The City hereby finds that the Mitigation Reporting and Monitoring Program Qhibit B) adopted by the City for the Alternative Project meets the requirements of Section 21081.6 of the Public Resources Code. Resolution-VnW No. 32400 66 Page 66 7 FINDINGS OF THE CITY OF DIAMOND BAR PURSUANT TO SECTION 21151.8 OF THE CALIFORNIA PUBLIC RESOURCES CODE 7.1 Rnuirement for Findina: Section 21151.8 of the California Environmental Quality Act, as amended ("CEQA"), codified in the California Public Resources Code, provides that for projects involving the purchase of a school site or the construction of a new elementary or a secondary school, no EIR shall be approved unless all of the following occur: (1) The EIR includes information which is needed to determine if the property proposed for purchase, or to be constructed upon, is any of the following: (a) the site of a current or former hazardous waste disposal site or solid waste disposal facility and, if so, whether the wastes have been removed; (b) a hazardous substance release site identified by the State Department of Health Services in a current list adopted pursuant to Section 25356 for removal or remedial action pursuant to Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code; and/or (c) a site which contains one or more pipelines, situated underground or aboveground, which carries hazardous substances, acutely hazardous materials, or hazardous wastes, unless the pipeline is a natural gas line which is used only to supply natural gas to the school or neighborhood. (2) The Lead Agency preparing the EIR has been notified in writing and consulted with the administrating agency in which the proposed school site is located, and with any air pollution control district or air quality management district having jurisdiction in the area, to identify facilities within one-fourth of a mile of the proposed school site which might reasonably be anticipated to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste. (3) The governing board of the school district makes one of the following written findings: (a) consultation identified no such facilities specified in paragraph (2) above; (b) the facilities specified in paragraph (2) exist, but one of the following conditions applies: (i) the health risks from the facilities do not and will not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the proposed school site; or (ii) corrective measures required under an existing order by another agency having jurisdiction over the facilities will, before the school is occupied, result in the mitigation of all chronic or accidental hazardous air emissions to levels that do not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the proposed school. Resolution -VEE Mo. 32400 C7 Page 67 Findine: The City hereby finds that the Project site contains none of the factors or conditions identified in Section 21151.8(a) of the Public Resources Code. Facts in S m= of Finding: The following facts are provided in support of this finding: (a) Based upon that consultation and written notification required under Section 21151.8(2) of the Public Resources Code, all facilities within one-fourth of a mile of the Project site which might reasonably be anticipated to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or wastes were identified. (b) The Final EIR included that information required under Section 21151.8(1) of the Public Resources Code. E:3 STATEMENT OF OVERRIDING CONSIDERATIONS Finding: The City hereby finds that the following benefits outweigh the significant or potentially significant environmental effects as identified in the Final EIR and, based upon these findings, has elected to approve the Alternative Project, as more thoroughly described herein. Facts in SuorM of Finding: The following facts are provided in support of this finding: (a) The Alternative Project is consistent with the general plan policies of the City in existence at the time the Final EIR was prepared and, based upon the current draft of the City of Diamond Bar General Plan, is consistent with the draft plans and policies contained therein. Implementation of the Alternative Project will not foreclose or otherwise limit the City's ability to implement that planning document. (b) Implementation of the Alternative Project will facilitate the preservation of other environmentally sensitive portions of the Sandstone C rayon area by allowing reasonable development activities to proceed within and adjoining that area and Promoting preservation options for other segments of that area. (c) Approval of Vesting Tentative Tract Map No. 32400 will allow the Walnut Valley Unified School District to implement proposed grading plans for the South Pointe Middle School. Resolution -VW No. 324W 68 Page 68 Exhibit B MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Responsibility for Verification By City Verification of Mitilgation Measure Monitori Miti ation Milestone Standard Name Date Earth All grading, earthwork and associated development City Engineer Concurrent with Compliance to be activities shall be designed and conducted in accor- grading operations. verified during dance with applicable City of Diamond Bar and/or grading operations. County of Los Angeles standards and shall conform with recommendations contained in the Preliminary Soils Engineering Investigation for Tentative Tract No. 32400, County of Los Angeles, California (Petra Geotechnical Incorporated, October 19, 1988) and such other geotechnical reports as may be prepared for the site and/or required by the City and/or County. All geologic, geotechnical and soils studies City Engineer Prior to the issuance Prior to grading conducted for the project and all engineering of grading permit(s). permit issuance, the analyses conducted by or in behalf of the City of City Engineer shall Diamond Bar and/or project proponent(s) for the ascertain compliance. proposed grading plan shall be submitted to and, upon acceptance, approved by the City prior to the commencement of grading operations. October 18, 1994 Mitigation Monitoring Program—South Pointe Master Plan Page 1 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Prior to the approval of the final tract map, a mecnamsm acceptable to and approved by the City Engineer of the City of Diamond Bar and/or County Engineer of Los Angeles County shall be established for the maintenance of on-site storm drainage facilities. V0dPQ0W30f I Prior to the approval I The project responsible for the advancement of funds and/or other actions as deemed acceptable by the City/County Engineer for the construction of drainage facilities, the construction of in -tract and local storm drain system improvements, and any and all permits and approvals as deemed necessary by the City/County. Name I Date Miligalion Monitoring Program- VTM No. 32400 October 18, 1994 Page 3 Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan 4Page 2 6.53 FIND/NGS Responsibility for Verification By City Verification of Miti ation Measure Monitorinj Mitigation Milestone Standard Name Date water _ - Drainage shall be disposed of in a manner City/County Prior to issuance of Prior to grading satisfactory to the City Engineer of the City of Engineer grading permit(s). permit issuance, the Diamond Bar and/or County Engineer of Los City Engineer shall Angeles County. The design and installation of ascertain compliance. project drainage facilities shall be in accordance with the flow criteria, design standards and construction requirements of the Los Angeles County Department of Public Works and/or the City of Diamond Bar. The project proponent(s) shall be financially City/County Prior to the issuance The project responsible for the following items: (1) the Engineer of grading permit(s). proponent(s) shall be construction or advancement of funds for the financially construction of any required on-site drainage responsible for the improvements as required by the City Engineer of advancement of the City of Diamond Bar and/or County Engineer of funds, the payment Los Angeles County; (2) the construction of in -tract of fees, posting of and off-site storm drain system improvements as performance bonds required by the City Engineer and/or County or such other actions Engineer; and (3) any permits or other assessments as deemed imposed by the City Engineer and/or County appropriate by Engineer. City/County Engineer. Mitigation Monitoring Program—South Pointe Master Plan 4Page 2 6.53 FIND/NGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Page 3 Mitigation Monitoring Program—South Pointe Marter Plan 4653 FINDINGS Verification By City Responsibility for JJ . Verification of Monitori Mita anon Milestone Standard Name Date Mi ation Measure t.) FS;pecial e approval of the final tract map, a City/County Prior to the approval The project the final tract map. proponent(s) shall be intenance district or other funding Engineer of financially mechanism acceptable to and approved by the City responsible for the Engineer of the City of Diamond Bar and/or County advancement funds Engineer of Los Angeles County shall be established tions and/or other actions for the maintenance of on-site storm drainage as deemed acceptable facilities. by the City/County Engineer for the construction of drainage facilities, the construction of in -tract and local storm drain system improvements, and any and all permits and approvals as deemed necessary by the City/County. Page 3 Mitigation Monitoring Program—South Pointe Marter Plan 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Responsibility for Verification of Miti ation Measure Monitoring Verification By City Miti ation Milestone Standard Name Date Water (cont.) Prior to the issuance of a grading permit for any Community Prior to the issuance Prior to grading proposed alteration to the streambed of that Development of grading permit(s). permit issuance, the watercourse which exists on-site, the project Director and Public Community proponent(s), if applicable under State and/or Works Director Development federal law, shall obtain a Section 404 permit from Director and the the U.S. Army -Corps of Engineers for the Public Works placement of dredged or fill materials into the Director shall "waters of the United States," and a Section 1601- ascertain compliance. 1607 permit from the California Department of Fish and Gane for proposed streambed alterations which may impact existing riparian areas. Prior to the initiation of grading operations, the Community Prior to the issuance Prior to grading project proponent(s) shall obtain all applicable Development of grading permit(s). permit issuance, the construction, stormwater and NPDES permits as Director and Public Community may be required by the City of Diamond Bar, the Works Director Development County of Los Angeles and the California Regional Director and the Water Quality Control Board for the discharge of Public Works urban pollutants. Director shall ascertain compliance. Mitigation Monitoring Program—South Pointe Master Plan Page 4 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Responsibility for Verification By City Verification of Miti ation Measure MonitoriM Mi ' ation Milestone Standard Name Date Biological Resources Prior to the initiation of grading activities, the Community Prior to the Prior to the project proponent(s) shall formulate and the City Development commencement of commencement of shall review and, upon acceptance by the City, Director grading activities. grading operations, approve an implementation strategy for oak tree the Community mitigation, in accordance with Part 16 -Chapter Development 22.56 of Title 22 (Planning and Zoning Code) of the Director shall Los Angeles County Code, or any similar ordinance ascertain compliance. enacted by the City prior to the commencement of grading operations, including a performance schedule for compliance with all conditions imposed upon the recipient(s) of that permit(s), issued by the City of Diamond Bar. The landscape palette for the project shall emphasize Community Prior to the issuance Prior to grading the use of drought tolerant, native plant species with Development of grading permit(s). permit issuance, the low-water requirements, adapted to the inland Director Community southern California climate. Plants used in Development landscaping shall include those which provide Director shall nectar, fruit or seeds as food for native wildlife ascertain compliance. species. With the proper selection and placement of native plants, the proposed development would retain some of its natural value. Recommended plants for landscaping include: Mitigation Monitoring Program—South Pointe Master Plan Page S 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Responsibility for Verification By City Name Date Verification of Miti ation Measure Monitori Miti ation Milestone Standard Biological Resources (cont.) Big -Leaf Maple Acer macrophylla Bigberry Manzanita Arctostaphylos glauca Coyote Brush Baccharis pilularis Ceanothus Ceanothus spp. Redbud Cercis occidentalis Toyon Heteromeles arbutifolia Honeysuckle Lonicera spp. California Sycamore Platanus racemosa Holly -Leaved Cherry Prunus dicifolia California CoffeeberryRhamnus californica Holly -Leaved Redberry Rhamnus ilicifolia Sugarbush Rhus ovata Chaparral Currant Ribes malvaeeum Our Lord's Candle Yucca whipplei California -Fuchsia Zauschneria cal fornica Prior to the implementation of grading operations, City Engineer and Prior to the issuance Prior to grading the project proponent(s) shall prepare and the City Community of grading permit(s). permit issuance, the of Diamond Bar shall review and consider a Development City Engineer and watering plan for newly planted areas; upon Director the Community acceptance by the City, the project proponent(s) Development shall implement the watering schedule specified Director shall therein until such time as vegetation in those areas is ascertain compliance. established. Mitigation Monitoring Program—South Pointe Master Plan Page 6 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 7 4653 FIND/NGS Responsibility for Verification By City Verification of Mitigation Measure Monitoring Miti ition Milestone Standard Name Date Biological Resources (cont.) Prior to the issuance of a grading permit(s) and if Community Prior to the issuance Prior to grading required by affected resource agencies, the project Development of grading permit(s). permit issuance, the proponent(s) shall obtain a Section 401 water quality Director and Public Community certification from the California Regional Water Works Director Development Quality Control Board, a Section 404 Department of Director and the the Army Permit from the U.S. Department of the Public Works Army -Corps of Engineers and a Section 1601-1607 Director shall streambed alteration agreement from the California ascertain compliance. Department of Fish and Game. In compliance with Section 3503.5 of the California City Inspector Concurrent with Compliance to be Fish and Game Code, if any raptor nests are discov- grading and/or verified during ered prior to or concurrent with grading activities, construction grading and the project proponent(s) shall notify the City of operations. construction Diamond Bar, contact the California Department of operations. Fish and Game, and shall comply with all appropriate procedures relative to grading operations in proximity to those nests. Some of the resulting mitigation measures may include: (1) modifying the design of utility poles, if any, for the protection of raptors and other birds; (2) restricting construction activities near raptor nesting sites during and immediately following the breeding season; and/or (3) constructing artificial nesting platforms for raptors and other birds. Mitigation Monitoring Program—South Pointe Master Plan Page 7 4653 FIND/NGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Responsibility for verification of tion By City �Na:-:e:��Date iti ation Measure FOak Monitori Mi ' ation Milestone Standard rces (cont.) Prior to the issuance Prior to grading lacement strategy authorized under inance, an oak tree mitigation Community Development plan shall be submitted to the City of Diamond Bar Director of grading permit(s). permit issuance, the which will mitigate for the loss of individual oak Community trees as well as the oak woodland habitat. in Development addition to satisfying the conditions set forth in Part Director shall 16 -Chapter 22.56 of Title 22 (Planning and Zoning ascertain compliance. Code) of the Los Angeles County Code, or similar ordinance enacted by the City prior to the co -merit of grading operations, the mitigation plan shall require the selective placement or planting of replacement oak trees and typically associated vegetation in a characteristic oak woodland assemblage. This aggregation of oak trees and associated plants will seek to establish a natural, viable plant community in the area of that replacement, as opposed to the widespread or random distribution of replacement trees at various locations throughout the project area. Mitigation Monitoring Program --South Pointe Master PWn 4653 FlND/NGS Page 8 Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 9 4653 FINDINGS Responsibility for Verification By City Verification of Mitigation Measure Monitori Mi ' ation Milestone Standard Name Date Transportation/Circulation The City has determined that a "fair share" City Engineer Prior to approval of Prior to the approval contribution the improvement of the following the final tract map. of the final tract intersections and street segments will substantially map, the project mitigate traffic -related impacts and has adopted this proponent(s) shall: obligation as a condition of project approval: (1) enter into an Colima Road/Golden Springs Drive/Brea Canyon agreement with the City identifying Rill. Within the existing street width, stripe a southbound, an eastbound and a westbound right- proponent(s) turn lane. This improvement will require the appropriate share of elimination of street parking near the intersection on costs associated with these three approaches. Colima Road/I.emon identified street v ue. Convert the existing southbound through improvements; and lane on Lemon Avenue to a through/left option lane (2) advance funds to accommodate left -turn volume. The traffic signal and/or undertake and striping shall be adequate to be operated with such other actions as split phasing on the north and south approach. deemed acceptable by Colima Road/Eastbound SR -60 Ramos. Convert the the City Engineer. eastbound Colima Road approach from one left -turn lane, two through lanes and a right -tum lane to two left -turn lanes and two through lanes. Brea Canyon Road/ Westbound SR -60 Ramos. Add a second northbound Left -tum lane within the existing right- of-way width; add a third a southbound through lane and a southbound right -turn lane, plus a third lane on the Pomona (SR -60) Freeway off -ramp. The additional lane on the off -ramp and the southbound Mitigation Monitoring Program—South Pointe Master Plan Page 9 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 10 4653 FINDINGS Responsibility for Verification By City Mi ' ation Measure Verification of Monitori Mitigation Milestone Standard Name Date Trawiportation/Circtdation (coat.) right -turn lane will require street widening. Brea Canyon Road/ Colima Road/ Golden Springs Drive. Stripe a northbound right -turn lane within the existing street width; add a second southbound lef- tum lane and convert the existing eastbound right - turn lane to an eastbound through/right option lane. Brea Canyon Road. Construct full -width street improvements to the section as approved by the City. Pathfinder Road/ Brea Canyon Road. Install a traffic signal as approved by the City. thfioder Road/ Southbound SR -57 Ramps. A second eastbound through lane is required to accommodate background year 1997 traffic volumes at the Pathfinder Road/Northbound SR -57 Ramps. The Pathfinder Road/SR-57 Freeway overcrossing is expected to be widened to four lanes prior to 1997. Pathfinder Road/Northbound SR -57 Ramps. A second through lane is required in both directions on Pathfinder Road at the northbound SR -57 Ramps. Mitigation Monitoring Program—South Pointe Master Plan Page 10 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 11 4653 FINDINGS Responsibility for Verification By City Verification of Mitiation Measure MonitoringMiti ation Milestone Standard Name Date Transportation/Cireulation (cont.) Concurrent with the development of Vesting City Engineer Prior to the approval Prior to the approval Tentative Tract Map No. 32400, and prior to the of the final tract map. of the final tract issuance of a use and occupancy permit for any of map, the project the residential units contained therein, the project proponent(s) shall: proponent(s) shall improve Brea Canyon Road to the (1) enter into an planned four -lane cross-section of that roadway, as agreement with the determined by the City Engineer. City identifying proponent(s) appropriate share of costs associated with identified street improvements; and (2) advance funds and/or undertake such other actions as deemed acceptable by the City Engineer. Mitigation Monitoring Program—South Pointe Master Plan Page 11 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 12 4655 FINDINGS Responsibility for Verification By City Verification of Mitigation Measure Monitorift Mitigation Milestone Standard Name Date Tiranapurtxtion/Circulation (Coot A left -turn lane shall be provided at the proposed City Engineer Prior to the approval Prior to the approval point of vehicular ingress and egress along Brea of the final tract map. of the final tract Canyon Road. That access point shalt be designed map, the project to ensure adequate sight distances along that proponent(s) shall: roadway; street grades and landscape improvements (1) enter into an adjacent thereto shall be evaluated by the City of agreement with the Diamond Bar and, if required, modified to avoid City identifying interference of safe line -of -sight distances. proponent(s) appropriate share of costs associated with identified street improvements; and (2) advance funds and/or undertake such other actions as deemed acceptable by the City Engineer. Mitigation Monitoring Program—South Pointe Master Plan Page 12 4655 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program ---South Pointe Master Plan Page 13 4653 FINDINGS Responsibility for Verification By City Nfitization Measure Verification of Monitoring Mi ' ation Milestone Standard Name Date Transportation/Circulation (cant.) Prior to the approval of the final vesting map, the City Engineer Prior to the approval Prior to the approval project proponent(s) shall submit, and the City of of the final tract map. of the final tract Diamond Bar shall review and consider, a traffic map, the project signal warrant to determine whether a traffic signal proponent(s) shall is required at that access point to the subdivision prepare and the City map area from Brea Canyon Road. If deemed Engineer shall review warranted by the City, based upon the findings of and, when accepted, that traffic analysis, the project proponent(s) shall approve a signal either construct or advance the funds to construct an warrant prepared by operable traffic signal of the type and in the time a licensed traffic frame determined appropriate by the City. engineer. If required by the City Engineer and prior to the approval of the final tract map, the project proponent(s) shall: (t) enter into an agreement with the City identifying proponent(s) appropriate share of costs associated with identified street improvements; and (2) advance funds and/or undertake such other actions as deemed acceptable by the City Engineer. Mitigation Monitoring Program ---South Pointe Master Plan Page 13 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 14 4653 FINDINGS Responsibility for Verification By City Verification of Mi ' ation Measure Monitori Miti ation Milestone Standard Name Date TranspotUtion/Circulatio n (cow.) Secondary access shall be provided to the project City Engineer Prior to the approval Prior to the approval site, as determined by the City Engineer. of the final tract map. of the final tract map, the project proponent(s) shall submit and the City Engineer shall review, and when deemed acceptable, shall approve a secondary access route for the project site. Air Quality During construction activities, the project City Inspector Concurrent with Compliance to be proponent(s) shall apply approved chemical soil grading and verified during stabilizers, according to manufacturers' construction grading and specifications, to all inactive construction areas (i.e., operations. construction previously graded areas inactive for four days or operations. more). During construction activities, the project City Inspector Concurrent with Compliance to be proponent(s) shall suspend all excavating and grading and verified during grading operations when wind speeds (as construction grading and instantaneous gusts) exceed 25 miles -per -hour operations. construction (mph). I I I operations. Mitigation Monitoring Program—South Pointe Master Plan Page 14 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 15 4653 FINDINGS Responsibility for Verification By City Mi ation Measure Verification of Monitori Mi ' tion Milestone Standard Name Date Air Quality (coot.) During construction activities, the project City Inspector Concurrent with Compliance to be proponent(s) shall sweep affected streets at the end grading and verified during of each work day if any visible soil material is construction grading and tamed over to adjacent thoroughfares. The operations. construction SCAQMD recommend the use of water sweepers operations. which use reclaimed water. During construction activities, the project City Inspector Concurrent with Compliance to be proponent(s) shall apply water or chemical soil grading and verified during stabilizers, according to manufacturers' construction grading and specifications, twice daily to all unpaved parking or operations. construction staging areas and unpaved road surfaces, if required operations. for dust control. During construction activities, the project City Inspector Concurrent with Compliance to be proponent(s) shall provide temporary traffic control grading and verified during during all phases of construction activities to construction grading and improve traffic flow, such as providing a flag operations. construction person to direct traffic and ensure safe movements operations. off the site as directed by the City Engineer of the City of Diamond Bar. During construction activities, the project City Inspector Concurrent with Compliance to be proponent(s) shall apply washers where vehicles exit grading and verified during unpaved roads onto paved roads, or wash off trucks construction grading and and any equipment leaving the site every trip in operations. construction designated areas of the site, operations. Mitigation Monitoring Program—South Pointe Master Plan Page 15 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 16 4653 FINDINGS Responsibility for Verification By City Verification of Mitt ation Measure Monito ' IftilLation, Milestone Standard Name Date Air Quality (cont.) During construction activities, the project City Inspector Concurrent with Compliance to be proponent(s) shall maintain traffic speeds on all grading and verified during unpaved road surfaces to 15 mph or less. construction grading and operations. construction operations. All trucks hauling dirt, sand, soil or other loose City Inspector Concurrent with Compliance to be materials off of the site are to be covered and shall grading and verified during maintain at least six inches of freebound (i.e., construction grading and minimum required space between top of the load operations. construction and top of the trailer) based upon a level load. operations. Pave construction roads that have a traffic volume City Inspector Concurrent with Compliance to be of more than 50 daily trips by construction grading and verified during equipment, 150 total daily trips for all vehicles, for construction grading and 12 consecutive days. operations. construction operations. Pave all construction access roads at least 100 feet City Inspector Concurrent with Compliance to be onto the site from the main road. grading and verified during construction grading and operations. construction operations. Use methanol or low -sulfur pile drivers. City Inspector Concurrent with Compliance to be grading and verified during construction grading and operations. construction operations. Mitigation Monitoring Program—South Pointe Master Plan Page 16 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Miti tion Measure sibility for RlVerificationof nitori Miti ation Milestone Verification By City Standard Name Date Air Qttallty (cont.) Use low -sulfur fuel for stationary construction City Inspector Concurrent with Compliance to be equipment pursuant to Rule 431_2. grading and verified during construction grading and operations. construction operations. Suspend use of all construction equipment operations City Inspector Concurrent with Compliance to be during second stage smog alerts. For daily forecast grading and verified during call: (goo) 242-4022 (Los Angeles and Orange construction grading and Counties) or (800) 367-4710 (San Bernardino and operations. construction Riverside Counties). operations. During construction activities, the project City Inspector Concurrent with Compliance to be proponent(s) shall water active sites at least twice ging and verified during daily. construction grading and Operations. construction operations. use construction equipment that has catalytic City Inspector Concurrent with Compliance to be convertors (for gasoline powered equipment). grading and verified during construction grading and operations. construction operations. Prevent trucks from idling longer than two minutes. City Inspector Concurrent with Compliance to be grading and verified during construction grading and operations. construction operations. Mitigation Monitoring Program—South Pointe Master Plan Page 17 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 18 4653 F7NDINGS Responsibility for Verification By City Verification of Name Date Mitt ration Measure Monitoring Mitiontinn Milestone Standard Air Quality (cont.) Configure constniction parking to minimize traffic City Inspector Concurrent with Compliance to be interference. grading and verified during construction Wading and operations. construction operations. Use solar or low -emission water heaters. City Inspector Concurrent with Compliance to be grading and verified during construction grading and operations. construction operations. Use central water heating systems. City Inspector Concurrent with Compliance to be grading and verified during construction grading and operations. construction operations. Building and subdivision orientation should be to the City Inspector Concurrent with Compliance to be north for natural cooling• grading and verified daring construction grading and operations. construction operations. Provide shade trees to reduce building heat. City Inspector Concurrent with Compliance to be Wading and verified during construction grading and operations. construction operations. Mitigation Monitoring Program—South Pointe Master Plan Page 18 4653 F7NDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 19 4653 FINDINGS Responsibility for Verification By City Verification of Miti ation Measure Monitorim Mit' ation Milestone Standard Name Date Air Quality (cont.) To the maximum extent feasible, use built-in energy City Inspector and Prior to the issuance Prior to building efficient appliances. Building Official of building permits. permit issuance, the Building Inspector shall ascertain compliance. Prior to the issuance of a use and occupancy permit, the city Inspector shall ascertain compliance. To the maximum extent feasible, use energy City Inspector and Prior to the issuance Prior to building efficient and automated controls for air conditioners. Building Official of building permits. permit issuance, the Building Official shall ascertain compliance. Prior to the issuance of a use and occupancy permit, the City Inspector shall ascertain compliance. Mitigation Monitoring Program—South Pointe Master Plan Page 19 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page ZO 9653 FtNDMGS Responsibility for Verification By City Miti ation Measure Verification of Monitorigg Nfitization Milestone Standard Name Date Air Quality (cont.) To the maximum extent feasible, use double -glass City Inspector and prior to the issuance Prior to building Paned windows. Building Official of building permits. permit issuance, the Building Official shall ascertain compliance. Prior to the issuance of a use and occupancy permit, the City Inspector shall ascertain compliance. Mitigation Monitoring Program—South Pointe Master Plan Page ZO 9653 FtNDMGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 2! 4653 FINDINGS Responsibility for Verification By City Verification of Name Date Mitigation Measure F7Tominimize Monitori Mlti ation Milestone Standard noise levels in the vicinity of the SR- City Engineer Prior to the issuance Prior to the issuance 57 Freeway, as perceived by those future residential of use and occupancy of use and occupancy receptors which will occupy dwelling units in permits for select lots, permits for those proximity to that roadway, the design of those residential units residential units which have frontage along Brea adjoining Brea Canyon Road or which, in the absence of an Canyon Road, the adjoining slope easement, would abut that roadway, City Engineer shall: shall include additional noise attenuation to a degree (1) receive and, sufficient to ensure that the exterior areas of said when adequate, units conform to the City of Diamond Bar's exterior accept a subsequent residential standards. Noise attenuating design acoustical analysis options include, but are not limited to, the conducted subsequent construction of a noise barrier of a minimum height to site grading, (Z) of eight (8) feet, as measured from the pad elevation verify the adequacy of the corresponding lot upon which the noise of the project barrier is constructed. Prior to the issuance of a use proponents) exisitng and occupancy permit for any dwelling unit which is noise attenuation so situated, the project proponent(s) shall subunit, strategy; and (3) if and the City shall review and consider, the findings required, require of an acoustical analysis demonstrating compliance select improvements with applicable municipal noise standards, to obtain attainment. Mitigation Monitoring Program—South Pointe Master Plan Page 2! 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page ?3 4653 RAVINGS Responsibility for Verification By City Verification of Name Date Miti ation Measure Monitori Mi ' ation Milestone Standard Police Protection Prior to the issuance of building permits, the Los Community Prior to completion of Prior to building Angeles County Sheriffs Department shall be Development the design review permit issuance, the provided the opportunity to review and comment Director process and issuance Community upon building plans: (1) to facilitate emergency of buildingpermit(s). Development access; (2) to assure the consideration of design Director shall strategies which facilitate public safety and police ascertain compliance surveillance; and (3) to offer design with this measure recommendations to reduce potential demands upon police services. Security features which shall be incorporated into Community Prior to issuance of Prior to building the final design may include: (1) residential Development buildingpermit(s). permit issuance, the dwelling unit orientation which facilities Director Community "neighborhood involvement" activities; (2) exterior Development security lighting; (3) well-designed access for police Director shall patrols to provide optimum observations; and (4) ascertain compliance illuminated street addresses to ensure visibility from with this measure. the street for better patrol observation. The project proponent(s) or subsequent Community ongoing None required. homeowners' association shall participate in Development neighborhood involvement programs established by Director the Los Angeles County Sheriff's Department to increase community awareness and, thereby, help reduce potential criminal occurrences in the City. Mitigation Monitoring Program—South Pointe Master Plan Page ?3 4653 RAVINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 22 4653 FINDINGS Responsibility for Verification By City Mitigation Measure Verification of Mogtornine Mitization Milestone Standard Name Date Noise (cont.) Excavation, grading and other construction activities City Inspector, City Concurrent with Compliance to be shall be restricted to hours between 7:00 A.M. and Engineer and grading and verified during 5:00 P.M. Monday through Friday and between Building Official construction grading and 8:00 A.M. and 5:00 P.M. on Saturday. No operations. construction construction activities shall be authorized to occur operations. on Sundays, unless otherwise approved by the City of Diamond Bar and/or County of Los Angeles. Construction and maintenance activities, including City Inspector Concurrent with Compliance to be the repair and maintenance of equipment, shall con- grading and verified during form to and comply with applicable provisions of construction grading and the City of Diamond Bar. operations. construction operations. When feasible, construction equipment shall be City inspector Concurrent with Compliance to be stored on-site to eliminate and/or reduce heavy- grading and verified during equipment truck trips. construction grading and operations. construction operations. Mitigation Monitoring Program—South Pointe Master Plan Page 22 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 24 4653 RAT)INCS Responsibility for Verification By City Miti ation Measure Verification of Monitorina Mitigation Milestone Standard Name Date Fire Protection If applicable, Los Angeles County Fire Department Community Prior to the issuance Prior to building requirements for development in a wildland fire arcs Development of building permit(s). permit issuance, the shall be incorporated into the project's design to Director Community reduce potential fire hazards. These provisions Development include, but may not be limited to: (1) fire -resistive Director shall protection of exterior wallstopenings; (2) fire- ascertain compliance. retardant roof covering; (3) fire -resistive construction for docks, balconies and support structures; and (4) chimney screens installed on each chimney flue. Project design and maintenance activities shall City Inspector Ongoing In cooperation with comply with brush clearance program's administered the Los Angeles by the Los Angeles County Fire Department. County Fire Department, the City Inspector shall monitor compliance with this measure. Mitigation Monitoring Program—South Pointe Master Plan Page 24 4653 RAT)INCS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 25 4653 FINDINGS Responsibility for Verification By City Name Date Mi ation Measure ' Verification of Monitori ' Mi ation Milestone Standard We Protection (cont.) Prior to the initiation of construction activities, the Community Prior to the issuance Prior to grading project proponent(s) shall submit and the Los Development of grading permit(s). permit issuance, the Angeles County Forester and Fire Warden shall Director Community approve a fire hazard reduction/fuel management Development plan to minimize brush fire hazards on-site. 'that Director shall plan shall include, but may not be limited to: (1) ascertain compliance use of fire retardant construction materials; (2) with this measure. brush clearance and maintenance activities; (3) irrigated planting areas with provisions for maintenance activities; and (4) the provision and maintenance of fire breaks. In order to limit the potential threat of wildland Community Prior to the issuance Prior to grading fires, low -fuel volume plants shall be incorporated Development of grading permit(s). permit issuance, the into the revegetative plan. Director Community Development Director shall ascertain compliance with this measure. Prior to the issuance of building permits, the Los City Engineer Prior to the issuance Prior to building Angeles County Fire Department shall review of building permit(s). permit issuance, the building plans for compliance with Los Angeles City Engineer shall County Fire Department standards for construction, ascertain compliance access, fire hydrant, fire flow and water main with this measure. requirements. Mitigation Monitoring Program—South Pointe Master Plan Page 25 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program --South Pointe Master Plan Page 26 4653 FINDINGS ResEL Verification By City Name Hate Miti tion Measure V Miti ation Milestone Standard Fire protection (cont.) The water system shall be designed in response to City Engineer Prior to the issuance Prior to the issuance final fire flow requirements identified by the Los of building permit(s). of building permits, Angeles County Fire Department. Final fire flow the City Engineer will be based on building occupancy, the size of the shall ascertain buildings, their relationship to other structures and compliance with this property lines and type of construction materials measure. used. Prior to the commencement of structural framing, City Engineer and Prior to the issuance Prior to the issuance all public water main improvements, as may be Building Official of building permit(s). of building permits, required to meet final fire flow requirements the City Engineer imposed by the Los Angeles County Fire and Building Official Department, shall be completed and operational. shall ascertain compliance with this measure. Prior to the commencement of any structural City Engineer Prior to the issuance Prior to the issuance framing, fire hydrants shall be installed, tested and of building permit(s). of building permits, accepted by the Los Angeles County Fire the City Engineer Department. shall ascertain compliance with this measure. Mitigation Monitoring Program --South Pointe Master Plan Page 26 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Measure Responsibility for Verification of Monitori esone Mitigation Milt Standard Verification By City Name Date Sanitary Sewers Prior to final tract map approval, the project City/County Prior to the approval Prior to approval of final map, the proponent(s) shall submit a sewer study to both the Engineer of the final tract map. County Sanitation Districts of Los Angeles County City/County Engineer shall review and the City Engineer of the City of Diamond Bar and, when identifying wastewater flow and tributary flow to the acceptable, approve existing County trunk and local sewer lines. This an engineering study study shall identify: (1) the location, phasing, for the proposed bonding and details of any proposed sewer facilities sanitary sewer and improvements by sheet configuration, lot layout improvements. and gravity flow; (2) any current capacity shortfalls of the County trunk and/or City sewer lines; and (3) specific design recommendations to provide additional lines or sizing upgrade, if required. The project proponent(s) shall convey access and City/County Prior tthe approval Prior to the approval property easements and rigbtsof-way to the County Engineer of the final tract map. f of the final tract reap, the City/County Sanitation Districts of Los Angeles County and/or Engineer shall the City of Diamond Bar, as deemed necessary by ascertain compliance the County Engineer of the County Sanitation with this measure. Districts and City Engineer of the City of Diamond Bar, for the construction and maintenance of sewer lines and associated facilities. Page 27 Mitigation Monitoring Program—South Pointe Master Plan 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 28 4653 FINDINGS Responsibility for Verification By City Verification of Name Date Mitigation Measure Monitoring Mitt ation Milestone Standard Sanitary Sewers (cont.) The project proponent(s) shall contribute an City Engineer Prior to the approval Prior to the approval appropriate "fair share" of cost, as established by of the final tract map. of the final tract the County of Los Angeles and/or City of Diamond map, the project Bar, to fund improvements to the area's main lines, proponent(s) shall: pumping stations, etc. (1) enter into an agreement with the City identifiying proponent(s) appropriate share of costs associated with improvements to the sanitary sewer system: and (2) advance funds and/or undertake such other conditions as deemed acceptable by the City Engineer. Prior to final tract map approval, sewer connection City Engineer Prior to the approval Prior to the approval fees, as established by the County of Los Angeles of the final tract map. of the final tract and/or City of Diamond Bar shall be paid by the map, the City, project proponent(s). Engineer shall ascertain compliance with this measure. Mitigation Monitoring Program—South Pointe Master Plan Page 28 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 29 1653 FINDINGS Responsibility for Verification By City Name Date Mitigation Measure Verification of Monitoring Mitigation Milestone Standard Sanitary Sewers (cont.) The project proponent(s) shall provide to the County City Engineer Prior to the approval Prior to the approval Sanitation Districts of Los Angeles County and the of the final tract map. of the final tract City of Diamond Bar information regarding the map, the City construction and/or building schedule of the project Engineer shall so that the timing of the County Sanitation Districts' ascertain compliance expansion, if required, may be coordinated with the with this measure. projected increase in demand. Prior to the approval of the final tract map, the area City Engineer Prior to the approval Prior to the approval affected by that subdivision map shall be annexed of the foal tract map. of the final tract into the Consolidated Sewer Maintenance District, map, the City administered by the Los Angeles County Engineer shall ascertain compliance Department of Public Works. with this measure. Mitigation Monitoring Program—South Pointe Master Plan Page 29 1653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 30 4653 FINDINGS Responsibility for Verification By City Name Date Mitigation Measure Verification of Monitori Mi ' tion Milestone Standard Solid Waste In order to minimize the impact of the development City Engineer Prior to the issuance Prior to building of the project on the solid waste disposal facilities of building permit(s). permit issuance, the and systems within the County of Los Angeles, and City Engineer shall to facilitate the attainment of source reduction and ascertain compliance recycling objectives of the City of Diamond Bar, the with this measure. project proponent(s) shall: (1) consult with the City, the County Sanitation Districts of Los Angeles County, and the Los Angeles County Department of Public Works regarding implementation strategies to reduce and/or recycle wastes during construction and following completion of those activities that would otherwise require disposal in local landfills; and (2) consult with the current refuse removal collection company(ies) regarding design standards for access to, location and construction of trash container enclosures and such other measures to facilitate implementation of automated refuse collection and source reduction and recycling options. The project' proponent(s) or subsequent City Engineer Ongoing None required. homeowners' association shall comply with those source reduction and recycling and composting requirements as may be adopted by the City of Diamond Bar, in accordance with Assembly Bill 939. Mitigation Monitoring Program—South Pointe Master Plan Page 30 4653 FINDINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitigation Monitoring Program—South Pointe Master Plan Page 3i 4653 HAVINGS Responsibility for Verirrcation By City Verification of Mid aeon Measure Monitoring Wtization Milestone Standard Name Date Solid Waste (cont. The project proponent(s) or subsequent City Engineer Ongoing None required. homeowners' association shall encourage the segregation of green wastes, as specified under the City's Source Redaction Recycling FJentent and County Sanitation Districts' waste diversion policies. The project proponent(s) shall comply with all City Engineer Prior to the issuance Prior to building applicable City of Diamond liar and County of Los of building permit(s). permit issuance, the Angeles regulations, in force and effect at the time City Engineer shall building permits are issued, concerning drop-off ascertain compliance bins, trash enclosures and storage areas for with this measure. Imaterials, recycling programs and other means of reducing the amount of waste requiring disposal, both during and after the project is implemented. Parks/Recreation The project proponent(s) shall coordinate Community Prior to the approval Prior to the approval development plans with the City of Diamond Bar Development of the final tract map. of final tract map, Department of Parks and Recreation. Director the Community Development Director shall ascertain compliance with this measure. Mitigation Monitoring Program—South Pointe Master Plan Page 3i 4653 HAVINGS Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Educational Facilities Grading activities anticipated to occur adjoining the South Pointe Middle School site shall be coordinated with the Walnut Valley Unified School District to minimize disruptions to current school operations. prior to the approval of the grading plan, the project proponent(s) shall submit a safety plan to the City of Diamond Bar. Said safety plan shall identify appropriate measures to be undertaken during grading activities to minimize disruptions to school activities, shall address on-site security plans to limit unauthorized access upon the site, and shall address potential health and safety considerations relative to pedestrian activities in proximity to those construction operations. City EngineerI Prior to the initiation of grading operations. City EngineerI Prior to the issuance of grading permit(s). Cultural Resources Upon implementation of grading operations, a City Inspector Concurrent with observation schedule, b paleontological grading Y a grading operations. certified paleontologist, shall be maintained (when grading in bedrock units) to further evaluate the fossil resources of the site. Salvage operations shall be initiated and coordinated with the project proponent(s), if significant concentrations of fossils are encountered. Mitigation Monitoring Program—South Pointe Master Plan 4653 FINDINGS Compliance to be verified prior to the commencement of site grading. Prior to grading permit issuance, the City Engineer shall: (1) receive and, when adequate, accept a safety plan; (2) verify the adequacy of the project proponent(s) safety plan; and (3) if required, require select modifications to the safety plan. Compliance to be verified during site ging. Page 32 Responsibility for Verification of Monitori Miti ation Milestone Standard Verification By City Mitigation Measure Name Date Educational Facilities Grading activities anticipated to occur adjoining the South Pointe Middle School site shall be coordinated with the Walnut Valley Unified School District to minimize disruptions to current school operations. prior to the approval of the grading plan, the project proponent(s) shall submit a safety plan to the City of Diamond Bar. Said safety plan shall identify appropriate measures to be undertaken during grading activities to minimize disruptions to school activities, shall address on-site security plans to limit unauthorized access upon the site, and shall address potential health and safety considerations relative to pedestrian activities in proximity to those construction operations. City EngineerI Prior to the initiation of grading operations. City EngineerI Prior to the issuance of grading permit(s). Cultural Resources Upon implementation of grading operations, a City Inspector Concurrent with observation schedule, b paleontological grading Y a grading operations. certified paleontologist, shall be maintained (when grading in bedrock units) to further evaluate the fossil resources of the site. Salvage operations shall be initiated and coordinated with the project proponent(s), if significant concentrations of fossils are encountered. Mitigation Monitoring Program—South Pointe Master Plan 4653 FINDINGS Compliance to be verified prior to the commencement of site grading. Prior to grading permit issuance, the City Engineer shall: (1) receive and, when adequate, accept a safety plan; (2) verify the adequacy of the project proponent(s) safety plan; and (3) if required, require select modifications to the safety plan. Compliance to be verified during site ging. Page 32 Exhibit B (Continued) MITIGATION REPORTING AND MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 32400 Mitt aeon Measure Responsibility for Verification of Monitori -------------------- Miti ation Milestone Standard Prior to the issuance Verification By City Name Date Mitigation Monitoring Program—South Pointe Master Plan 4653 F7NDINOS Page 31 district shall be formed, per City of DiamDevelopment A homeowners' association or landscalWqd- Community Prior to the issuance Prior to the issuance requirements to finance the maintenance oDirector of use and occupancy of a use and maintaincommon open space areas wi permit(s). occupancy permit(s), project site. t he Community Development Director shall ascertain compliance with this measure. Prior to the initiation of grading activities, a replacement plan for the loss Community Prior Por to the issuance Prior to grading of existing oak trees shall be submitted by the project proponent(s) and, Development Director of grading permit(s). permit issuance, the upon acceptance, approved by the City of Diamond Community Bar. Development Director shall ascertain compliance. Prior to the initiation of grading activities, the Community Prior to the issuance Prior to grading project proponent(s) shall submit and the City shall Development of grading permit(s). permit issuance, the review, and when acceptable, shall approve landscape and irrigation plans for all landscaped and Director Community space areas. Development Director shall ascertain compliance. Mitigation Monitoring Program—South Pointe Master Plan 4653 F7NDINOS Page 31 EXHIBIT "C" VESTING TENTATIVE TRACT NO. 32400 CONDITIONAL USE PERMIT NO. 91-5 OAK TREE PERMIT NO. 91-2 October 18, 1994 CONDITIONS OF APPROVAL A. GENERAL REQUDZEMENTS: 1. This Approval of Vesting Tentative Tract Map No. 32400 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, thereby accepting all the conditions of this approval which Affidavit shall be filed within 15 days of the date of approval. 2. All requirements of this Resolution, the applicable Zoning District, the City Codes, City departmental policies, rules and regulations and applicable law, policies and regulations of any State, Federal or local agency with jurisdiction thereof shall be complied with by the Applicant. 3. In accordance with Government Code Section 66474.9(b) and (c). The subdivider shall defend, indemnify and hold harmless the City, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, an approval of the City, which action is brought within the time period provided for in Government Code Section 66499.37. B. FIRE DEPARTMENT REQUIREMENTS: 1. Provide and locate water mains, fire hydrants and fire flows as required by Fire Department and Fire Code. 2. Prior to recordation of a final map, emergency secondary access shall be provided in accordance with Fire Protection District Standards and approved by the City Engineer. 3. Fire Department access shall be extended to within 150 feet distance of any portion of structure to be built and shown on the final map. 4. Access shall comply with Section 10.207 of the Fire Code (all weather access). 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 shall 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 AC503 or approved equal. All hydrants shall be installed a minimum of 25' from a structure. C. COMMUNITY DEVELOPMENT DEPARTMENT REQU REMENTS: 1. 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. 2. Prior to the recordation of the final map the applicant shall pay a park in -lieu fee, or dedicate park land to the City's satisfaction. 3. Exterior construction activities (grading, framing, etc.) shall be restricted to 700 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, Monday through Saturday. 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. 4. Each parcel shall provide a minimum of 7,200 sq. ft. and a minimum pad size of 6,000 square feet. Each lot shall provide a minimum frontage of 60 feet and 40 feet on cul-de-sacs and knuckles. Front setbacks shall be a minimum 16 feet from right of way with an average of 18 feet. Side yard setbacks shall be a minimum of 5 feet and 10 feet clear with rear setbacks of 20 feet, as measured from the structure to top of slope of building pad. Homes shall be staggered with a minimum 18 ft. average front setback to prevent a series of similar front setbacks. 2 5. Applicant shall pay development fees (including, but not limited to, planning, building and school fees) at the established rates prior to recordation of the final map and issuance of building permits. 6. Prior to issuance of building permits, the applicant/subdivider shall prepare and submit to the Director of Community Development for approval a "Buyer Awareness Package" which shall include, but not be limited to, information pertaining to geologic and environmental issues regarding the property, freeway noise, proximity to bus routes and oak tree preservation issues, explanatory information pertaining to restrictions on use of properties as necessary and similar related matters. Applicant shall institute a program to include delivery of a copy of said "Buyer Awareness Package" to each prospective purchaser and shall keep on file in the office of Applicant with copies to the City and a receipt signed by each such prospective purchaser indicating that the prospective purchaser has received and read the information contained within the "Buyer Awareness Package." 7. Prior to the issuance of building permits the variety of materials and colors to be used on the exteriors of residential structures shall be approved in form and color by the Community Development Director as a part of the Development Review of the model homes. 8. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed or bonded for, to the satisfaction of the City Engineer. 9. The use authorized by this approval shall be commenced or construction necessary and incidental thereto shall be started on or before the time limit specified herein and thereafter diligently advanced on or before the (2) second year after the expiration of City Council approval. 10. Applicant shall pay all remaining prorated City project review and processing fees prior to recordation of the tract map as required by the Community Development Director. D. RESOURCE MANAGEMENT PLAN REQUHIEMENTS 1. As a means of mitigating potential environmental impacts, the applicant shall suspend construction in the vicinity of a cultural resource encountered during development of the site, and leave the resource in place until a qualified archaeologist can examine them and determine appropriate mitigation measures. The applicant shall comply with mitigation measures recommended by the archaeologist and approved by the Community Development Director. 3 Upon initiation of grading activities, a paleontological grading observation schedule by a Certified Paleontologist shall be maintained when grading in bedrock units to further evaluate the fossil resources of the site. Salvage operations shall be initiated and coordinated with the project applicants if significant concentrations of fossils are encountered. 2. Plant street trees as directed pursuant to the adopted street tree plan in effect at the time of recordation and approved by the City Engineer. 3. No underground utilities shall be constructed within the drip line of any mature tree preserved on-site except as approved by a registered arborist. 4. The mitigation monitoring program contained in EIR No. 92-1 (SCH 91081040) and approved by the City shall be implemented and rigorously complied with. Applicant shall deposit and maintain with the City, a fund in such amounts required by the Director of Community Development to defray the cost of implementation and monitoring by City staff and consultants retained by City. 5. A detailed landscape and irrigation plan, include slope planting and model home landscaping, shall be prepared by a licensed landscape architect and submitted for City review and approval prior to issuance of building permits. Fence details, tree staking, soil preparation, planting details and an automatic irrigation system and the incorporation of xerotropic landscaping shall be incorporated wherever feasible. The Applicant shall pay all processing fees associated with plan review. 6. All terrace drains and drainage channels shall be constructed in muted earth tones so as to not impart adverse visual impacts. Terrace drains shall follow land form slope configuration and shall not be placed in exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 7. Prior to issuance of occupancy permits all oak trees to be replaced shall be replaced at the ratios, locations and palette mix specified in EIR No. 92-1 (SCH 91081040), as amended herein. 8. Existing trees required to be preserved in place 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. 4 9. The subdivider shall develop an Oak Tree Replacement Plan which shall consist of the following: a. 461 - 15 gallon trees b. 72 - 24" box trees C. 20 - 60" box trees 553 Total Replacement Trees The subdivder may substitute up to 33 percent of the replacement oak trees with other tree species indigenous to Sandstone Canyon. Replacement oak trees exceeding 15 gallons in size may be credited toward compliance with the oak tree replacement regulations of the Zoning Ordinance upon approval by the Community Development Director. The replacement plan may incorporate the installation of trees on public park property located off-site subject to the approval of the Community Services Director and the Community Development Director. 10. The subdivider shall contribute $35,000.00 toward parks and recreation programs and as settlement for previous oak removal. The contribution shall be received prior to the approval of the final map. 11. Prior to the issuance of permits for site grading, two (2) suitable oaks for transplanting shall be selected, tagged and recommended to the City for relocation by a qualified arborist. Selection criteria shall include access, health, structural feasibility for transplantation and cost. In order to maintain wildlife food sources, an effort will be made to select specimens for transplanting marked to indicate compass and slope orientation. Trees shall be boxed by a method which minimizes shock and allows for the inclusion of the maximum feasible amount of root hairs and associated soil. Indigenous mycorrhizae shall be included with the root hairs and associated soil. Siting of transplanted oaks and detailed transplanting methodology shall be coordinated by a qualified licensed arborist. The oaks to be transplanted and their specific locations shall be approved by the Community Services Director. 12. Prior to the issuance of grading permits the applicant shall obtain approval of a Feral Pet Trapping Program by the Community Development Director. A feral pet trapping program shall be administered by the Applicant during and after construction. The feral pet trapping program shall provide for the trapping and disposition of former domestic pets that have gone back to the wild, to the specifications of the Pomona Valley Humane Society. 9 13. Prior to approval of project landscape plan the applicant shall demonstrate that the landscaping palette for the project emphasizes the use of drought tolerant, native plant species with low water requirements adapted to the inland Southern California climate. Also, plants used in perimeter or common area landscaping shall include those which provide nectar, fruit or seeds as food for native wildlife species. With the proper selection and placement of native plants, the proposed development would retain some of its natural value. Recommended plants for landscaping include: Big -Leaf Maple Bigberry Manzanita Coyote Brush Ceanothus Redbud Toyon Honeysuckle California Sycamore Holly -leaved Cherry California Coffeeberry Holly -leaved Redberry Sugarbush Chaparral Currant Our Lord's Candle California -Fuchsia Acer macrophylla Arctostaphylos glauca Baccharis pilularis Ceanothus spp. Cercis occidentalis Heteromeles arbutifolia Lonicera spp. Platanus racemose Prunus ilicifolia Rhamnus californica Rhamnus ilicifolia Rhus ovata Ribes malvaceum Yucca whipplei Zauschneria californica 14. In compliance with Section 3503.5 of the California Fish and Game Code, a qualified biologist shall determine the presence of any raptor nests prior to or concurrent with grading activities, the project applicant(s) shall contact the California Department of Fish and Game, shall obtain and comply with all appropriate procedures relative to grading operations in proximity to those nests, and shall provide verification of same to the City. Resulting mitigation measures may include: (1) modifying the design of utility poles, if any, for the protection of raptors and other birds; (2) restricting construction activities near raptor nesting sites during and immediately following the breeding season; and (3) constructing artificial nesting platforms for raptors and other birds. 15. Prior to issuance of building permits, if applicable, Los Angeles County Fire Department requirements for development in a wildland fire area shall be incorporated to reduce potential fire hazards. These provisions include, but may not be limited to: (1) fire -resistive protection of exterior walls/openings; (2) fire - retardant roof covering; (3) fire -resistive construction for decks, balconies and support structures; and (4) chimney screens installed on each chimney flue. 6 16. Project design and maintenance activities shall comply with brush clearance programs administered by the Los Angeles County Fire Department. 17. Prior to the initiation of construction activities, building permits or recordation, the project applicant(s) shall submit and the County Forester and Fire Warden shall approve a fire hazard reduction/fuel management plan to minimize brush fire hazards on-site. That plan shall include, but may not be limited to: (1) use of fire retardant construction materials; (2) brush clearance and maintenance activities within 100 feet surrounding individual structures; (3) irrigated planting areas with provisions for maintenance activities; and (4) the provision and maintenance of fire breaks. 18. In order to limit the potential threat of wildland fires, low -fuel volume plants shall be incorporated into the revegetative plan. 19. Prior to the issuance of grading permits, the project applicants shall review development plans with the Los Angeles County Department of Parks and Recreation to facilitate implementation of the County's regional trail system. Adequate provisions (e.g. trail dedication, signage) shall be provided to ensure the dedication of any City or County ordinance required trail links. 20. Prior to the approval of the grading plan, the project applicant identify appropriate measures to be undertaken during grading activities to minimize disruptions to school activities and shall address potential health and safety considerations relative to pedestrian activities in the project area. 21. Prior to the initiation of grading activities and building permits a replacement plan for the loss of existing oak trees shall be submitted by the project applicant(s) and approved by the City. 22. Applicant should consider a united biological resource removal program, prior to grading, to allow persons to remove selected vegetation at their own expense. E. APPLICABLE EIR NUTIGATION MEASURES (not addressed in subsections a, b, c or d) The following conditions are EIR mitigation measures not covered by the tract conditions listed in subsections a, b, or c which apply to the project site. 1. All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City and County standards and shall conform with recommendations contained in the Preliminary Soils Engineering Investigation for Tentative Tract No. 32400, County of Los Angeles (Petra Geotechnical, Inc., October 18, 1988), and such other Geotechnical reports as may be prepared for the site and/or required by the City and County. 2. The project applicant shall be financially responsible for the following items: (1) the construction or advancement of funds for the construction of any required on- site drainage improvements as contained in the Master Plan of Drainage Facilities approved by the City Engineer and County Engineer of Los Angeles County; (2) the construction of in -tract and off-site storm drain system improvements; (3) prorated mitigation fees of contributed flows and/or (4) any permits or other assessments customarily imposed by the County Engineer. 3. Drainage shall be disposed of in a manner satisfactory to the City Engineer. The design and installation of project drainage facilities shall be in accordance with the flow criteria, design standards and construction requirements of both the Los Angeles County Department of Public Works and the City of Diamond Bar. 4. Prior to the approval of the final tract map(s), a special maintenance district or other funding mechanism acceptable to and approved by the City shall be established for the maintenance of on-site storm drainage facilities. Terrace and down drain will be part of the Landscape and Lighting District. The main drainage system shall be accepted into the Los Angeles County or City of Diamond Bar maintenance District. 5. Prior to the initiation of grading operations, the project applicant(s) shall obtain all applicable construction, stormwater and NPDES permits as may be required by the City, the County of Los Angeles and the California Regional Water Quality Control Board for the discharge of urban pollutants. 6. Prior to final map approval, Brea Canyon Road shall be constructed to the planned four -lane cross-section south of Glenbrook, adjacent to the tract, to the extent of the graded area. Plus, left -turn lanes shall be provided at each of the two project access points along Brea Canyon Road shall be designed to provide adequate sight distance. Care shall be taken that the future grades and landscaping adjacent to these intersections, as well as all internal project intersections, do not obstruct the necessary line -of -sight. Applicant shall provide those dedications and improvements, and be subject to pro -rated reimbursement. 7. With the development of the site plan for residential components of the project, a traffic signal warrant shall be conducted to determine if a traffic signal is required. If warranted, a signal shall be installed by developer at both collector road entrances off Brea Canyon road. Applicant shall pay the prorata share of the total cost of such signalization. 8 8. Prior to the issuance of grading permits the applicant shall illustrate to the satisfaction of the City Engineer how the following mitigation measures recommended by either the City or the South Coast Air Quality Management District to minimize air quality impacts during the construction phase of the proposed project have been incorporated into project construction guidelines: a. Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). b. Replace ground cover in disturbed areas per City specifications. C. Enclose, cover, water twice daily, or apply approved soil binders, according to manufacturers' specifications, to exposed stockpiles (i.e., gravel, sand, dirt). d. Water active sites at least twice daily. e. Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour (mph). f. Monitor for particulate emissions according to South Coast Air Quality Management District specified procedures: For information call (714) 369-3600. g. In field trailers, use portable air conditioning units with non -diesel. h. Sweep streets at the end of day if any visible soil material is carried over to adjacent thoroughfares (recommend water sweepers which use reclaimed water). i. The City may require that gravel be used in unpaved areas utilized as either construction roads or staging areas for construction equipment. j. Apply water twice daily for chemical soil stabilizers according to manufacturers' specifications to all unpaved parking or staging areas and unpaved road surfaces, if required for dust control. k. Install wheel washers where vehicles exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site every trip in designated areas on the site. 1. Traffic speeds on all unpaved roads surfaces to be reduced to 15 mph or less. M. All trucks hauling dirt, sand, soil or other loose materials are to be covered and should maintain at least six inches of freeboard (i.e., minimum required space between top of the load and top of the trailer; based upon a level load. n. Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment, 150 total daily trips for all vehicles, for 12 consecutive days. o. Pave all construction access roads at least 100 feet onto the site from the main road. P. Use methanol or low -sulfur pile drivers. q. Use low -sulfur fuel for stationary construction equipment pursuant to Rule 9 431.2. r. Suspend use of all construction equipment operations during second stage smog alerts. For daily forecast call: (800) 242-4022 (L.A. and Orange Counties) or (800) 367-4710 (San Bernardino and Riverside Counties). S. Use construction equipment that has catalytic convertors (for gasoline powered equipment). t. Prevent trucks from idling longer than two minutes. U. Configure construction parking to minimize traffic interference. V. Provide temporary traffic control during all phases of construction activities to improve traffic flow such as providing a flag person to direct traffic and ensure safe movements off the site as directed by the City Engineer. W. Schedule construction activities that affect traffic flow to off-peak hours (i.e., between 7:00 PM and 6:00 AM and between 10:00 AM and 3:00 PM) with approval from the City. 9. The following mitigation measures are recommended by the SCAQMD to minimize long-term emissions associated with the project: a. Use solar or low -emission water heaters. b. Use Central water heating systems. C. Use built-in energy efficient appliances. d. Building and subdivision orientation should be to the north for natural cooling. e. Provide shade trees to reduce building heat. f. Use energy efficient and automated controls for air conditioners. g. Use double -glass paned windows. 10. Construction and maintenance activities, including the repair and maintenance of equipment, shall conform to and comply with applicable provisions of the City of Diamond Bar's Noise Ordinance. 11. When feasible, construction equipment shall be stored on-site to eliminate and/or reduce heavy -equipment truck trips. 12. Prior to the issuance of building permits for residential Lot Nos. 34 through 42, inclusively within Tentative Tract No. 32400, the project applicant(s) shall construct a suitable noise barrier for those properties effectively attenuating traffic noise to levels in compliance with City noise standards. Compliance shall be based upon the City's acceptance of a subsequent noise study for those properties and implementation of those measures deemed appropriate by the City Engineer. 13. Project security features which shall be incorporated into the final design may include: (1) residential dwelling unit orientation which facilitates "neighborhood 10 involvement" activities; (2) exterior security lighting; (3) well-designed access for police patrols to provide optimum observations; and (4) illuminated street addresses to ensure visibility from the street for better patrol observation. 14. The project applicant(s) shall include in a Buyer Awareness package, the availability of participation in neighborhood involvement programs established by the Los Angeles County Sheriffs Department to increase community awareness and, thereby, help reduce potential crime occurrences in the City. 15. Prior to final tract map approval, the project applicant(s) shall submit a sewer study to both the County and City Engineer identifying project wastewater flow and tributary flow to the existing County trunk and local sewer lines. This study shall identify: (1) the location, phasing, bonding and details of any proposed sewer facilities and improvements by street configuration, lot layout and gravity flow; (2) any current capacity shortfalls of the County trunk and/or City sewer lines; and (3) specific design recommendations to provide additional lines or sizing upgrade, if required. 16. The project applicant(s) shall convey access and property easement and rights-of- way to the County Sanitation Districts of Los Angeles County, as deemed necessary by the County and City Engineers, for the construction and maintenance of sewer lines and associated facilities, prior to final map approval. 17. The project applicant(s) shall contribute an equitable share of cost, as established by the City, to fund improvements to the area's main lines, pumping stations, etc. required as a result of project development, prior to final map approval. 18. The project applicant(s) shall provide to the County Sanitation Districts of Los Angeles County information regarding the construction and/or building schedule of the project so that the timing of the County Sanitation Districts' expansion may be coordinated with the project increase in demand. 19. In order to minimize the impact of project development on the County's solid waste disposal system and to facilitate the attainment of source reduction standards for the City of Diamond Bar as contained in the California Integrated Solid Waste management Act of 1989, the project applicant(s) shall: (1) consult with the City of Diamond Bar, the County Sanitation Districts of Los Angeles County and the Los Angeles County Department of Public Works regarding implementation of technologies to reduce and recycle solid waste both during construction and after completion of the project; and (2) consult with the current refuse removal collection company(ies) regarding design standards for access to, location and construction of trash container enclosures in order to facilitate implementation of automated refuse collection. 11 20. The project applicant(s) or subsequent homeowners' association(s) shall comply with those source reduction and recycling and composting requirements as may be adopted by the City of Diamond Bar in accordance with Assembly Bill 939. 21. The project applicant(s) through the Buyer Awareness program, shall encourage the segregation of green wastes for reuse as specified under the City's Source Reduction Recycling Element and County Sanitation Districts waste diversion policies. 22. Applicant shall comply with the mitigation monitoring program to implement the required EIR No. 92-1 mitigation measures. 23. The applicant shall provide a thematic design for the entry statement to the site from Brea Canyon Rd. as a component of the Development Review application. The entry statement design shall be consistent with the design elements of The Country Estates. 24. A Homeowners Association shall be created and made a party to the Conditions, Covenants, and Restrictions (CC&R's) for this project. A copy of the CC&R's and Articles of Incorporation of the Homeowners Association, subject to the approval of the City Attorney, shall be recorded with this map and placed on file with the Planning Department. 25. Each lot shall be developed in substantial compliance with the final map and applicable CC&R's. 26. Any lighting fixtures adjacent to interior property lines shall be approved by the Community Development Director as to type, orientation and height. 27. All slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed or bonded for subject to the approval of City Engineer. 28. All down drains and drainage channels shall be constructed in muted earth tones so as to not impart adverse visual impacts. 29. All residences will be required to receive approval via the Development Review process by the Planning Commission subsequent to approval of the final map. 30. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed or bonded for subject to the approval of the City Engineer. 12 31. The "Commercial" notation on Lot Nos. 92 and 93 shall be removed as commercial uses are not granted as a part of this action. 32. The subdivider shall enter into an agreement with the City whereby approximately 4 acres of property owned by the City, will be exchanged for approximately 4 graded acres of equal or greater market value, whichever is greater, owned by the subdivider, prior to the issuance of grading permits. In the absence of this agreement, the subdivider shall purchase subject property from the City or Walnut Valley Water District, whichever is appropriate. 33. The subdivider shall agree to grade a secondary access road to South Pointe Middle School. The roadway location shall be determined by the City. The roadway agreement shall be approved by the City prior to issuance of grading permits. F. ENGINEERING REQUIREMENTS: 1. Prior to approval and recordation of the final map, written certification from each affected district, that adequate sewer and water facilities are or will be available and from each public utility and cable television purveyor that adequate facilities are or will be available to serve the proposed project, shall be submitted to the City. Such letters must have been issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 2. All easements existing prior to final map approval must be identified and shown on final map. If an easement is blanket or indeterminate in nature, a statement to that effect must be shown on the final map in lieu of its location. 3. A title report/guarantee showing all fee owners, interest holders, and nature of interest must be submitted when a final map is submitted for plan check. The account shall remain open until the final map is filed with the County Recorder. An updated title report/guarantee and subdivision guarantee must be submitted ten (10) working days prior to final map approval. 4. New boundary monuments shall be set in accordance with the State Subdivision Map Act and as required by the City Engineer. 5. If any required public improvements have not been completed by Subdivider and accepted by the City prior to the approval of the final map Subdivider shall enter into a subdivision agreement with the City and shall post the appropriate security. EW93 6. All site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer prior to final map approval. 7. Street names shall be submitted for City review and approval prior to approval of the final map. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 8. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 9. The detail drawings and construction notes shown on the vesting tentative map are conceptual only and the approval of this map does not constitute approval of said notes. 10. Subdivider shall submit to the City Engineer the total grading and drainage construction cost estimate for bonding purposes prior to approval of the final map. 11. The final grading plans shall be submitted to and approved by the City Engineer prior to issuance of a grading permit and approval of final map. 12. Precise grading plans for each lot are to be submitted to the Community Development Department for approval prior to issuance of building permits. (This may be on an incremental or composite basis.) 13. Grading of the subject property shall be in accordance with the current Uniform Building Code, City Grading Ordinance 14 and City's Hillside Management Ordinance, as modified by CUP91-5 and acceptable grading practices. The precise and final grading plan shall be in substantial conformance with the approved Vesting Tentative Map. 14. All landslide debris shall be completely removed prior to fill placement as required by the final geotechnical report. 15. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted in compliance with City guidelines to the City Engineer for approval and said report shall be prepared by a registered geotechnical engineer and geologist licensed by the State of California. The report shall address, but not be limited to, the following: (a) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. 14 (b) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. (c) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. (d) Gross stability of all fill slopes shall be analyzed as part of the geotechnical report including remedial fill that replaces natural slope. (e) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. (f) 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. All geotechnical and soils related findings and recommendations must be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. 16. Final grading plans shall be prepared in a 24" x 36" format and designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the plans. 17. Grading plan(s) must be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Geologist. 18. All identified geologic hazards within the vesting tentative tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The owner shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. 19. 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 permit(s). 20. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map as approved by the City Engineer. 21. 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 enter, leaving, or within a parcel for which a building permit is requested. 22. An erosion control plan shall be approved by the City Engineer prior to issuance of grading permits. 23. 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. 24. The Subdivider shall provide drainage facilities to remove the flood hazard and dedicate and show necessary easements and/or rights of way on the final map to the satisfaction of City Engineer. Storm drainage facilities should be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control District. 25. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Restricted Use Area" subject to flood hazard. The Owner shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. 26. A permit from the County Flood Control District is required for work within its right-of-way or connection to its facilities. A permit from CALTRANS is required for work within its right-of-way or connection to its facilities. 27. A final drainage study and final storm drain improvement plans in a 241106" sheet format shall be submitted to and approved by the City Engineer and the Los Angeles County Department of Public Works 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 for acceptance and disposal of all related drainage. 28. Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. 29. Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes of all public improvements, prior to approval of the final map. 30. New street centerline movements shall be set at the intersections of streets, intersection of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all movements set and four (4) durable reference points for each 16 shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy. 31. Street improvement plans in a 24"06" sheet format, prepared by a California 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. 32. 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. 33. No street shall exceed a maximum slope of 12% unless approved by the City Engineer. 34. Construct base and pavement on all streets in accordance with soils report Prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. 35. Vehicular access must be provided to all "Urban Pollutant Basins" with a minimum width of 15 feet, with 12 feet of pavement and with a maximum slope no greater than 15% unless otherwise approved the City Engineer. 36. Prior to final map approval, Owner shall dedicate right-of-way and construct improvements to the ultimate right-of-way width of Brea Canyon Road along the tentative map frontage, all in accordance with City Standards. Owner shall enter into a reimbursement agreement with City for reimbursement of advanced costs from development of property benefitting from the dedications and improvements required herein. 37. Subdivider shall pay its fair share amount for signal improvements at Pathfinder and Brea Canyon Road prior to final map approval based upon amended traffic study as approved by the City Engineer. 38. Subdivider shall pay its fair share of other signal improvements required pursuant to the approved EIR prior to approval of the final map based upon amended traffic study as approved by City Engineer. 39. Label any private drives or fire lanes and delineate on the final map to the satisfaction of the City. Owner shall offer to dedicate on the final map the public street from Brea Canyon Road to the westerly vesting tentative tract boundary in accordance with Exhibit "D" attached. Subdivider shall improve street to its full width in accordance with City standards, including, but not limited to, sidewalks 17 on one side, curbs, gutters, and street lights, from Brea Canyon Road through the intersection with "D" Street. Subdivider shall provide "grade only" for that portion of the street from "D" Street to the westerly tract boundary as previously agreed to by applicant. 40. Construct or post bonds for drainage improvements and offer easements needed for street and slope drainage as required by the City Engineer prior to recordation of the final map. 41. Construct sidewalks throughout and adjoining the frontage of the vesting tentative tract per City standards and as approved by the City Engineer. 42. Provide and install street name signs to the satisfaction of the City Engineer prior to issuance of a certificate of occupancy. 43. All utility lines shall be underground in frontage of the Vesting Tentative Tract Map. 44. Dedicate slope easements along Brea Canyon Road in favor of the City as required by the City Engineer, prior to approval or recordation of the final map. The dedicated slope easements shall be placed in a Homeowner's Association as directed by the City Engineer. 45. Construct curb and gutters per City standards subject to approval by the City Engineer. 46. Construct wheelchair ramps at all corners and all intersections pursuant to City Standards or as may be required by the City Engineer. 47. Construct street lights along all streets as required to per City standards and as approved by the City Engineer. The street lights shall be annexed into the County lighting districts, or shall be operated and maintained by a homeowners association. 48. Traffic improvement plans shall be prepared by a registered Traffic Engineer in a 24"06" sheet format and submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing completion of traffic improvements prior to final map approval. 49. Intersection line of sight designs shall be submitted to the City for approval as may be required by the City Engineer. 18 50. Traffic control signing and striping plans shall be prepared in accordance with City requirements and submitted to and approved by the City Engineer prior to approval of the final map. 51. Secondary street access must be provided as approved by the City Engineer. 52. Prior to final map approval the subdivider shall submit a sanitary sewer area study to the City Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem must be resolved to the satisfaction of the City Engineer. 53. 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 or District 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 map. 54. The Owner shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. 55. The Subdivider, at Subdivider's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Department and County Sanitation District Standards. 56. Prior to final map approval a water system with appurtenant facilities to serve all lots/parcels in the land division designed to Walnut Valley Water District (WVWD) specifications, must be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 57. Prior to final map approval, the Subdivider shall construct, or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 19 58. Provide separate underground utility services to each parcel, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer prior to granting. 59. Subdivider shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 60. Prior to submittal of the final map, written certifications from Walnut Valley Water District, GTE, SCE, SCG and Jones Intercable stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. 61. Based on a determination by the City Engineer, the City reserves the right to require the applicant to plan and incorporate into the homeowners' association obligations the future installation of main and service lines capable of delivery of reclaimed water to all homeowners' association maintained common area landscaped portions of the Tract, prior to final map approval. The system shall be designed to permit "switch over" of non-domestic services on each area within the homeowners' association maintained landscaped common area at time of availability of reclaimed water, all to the satisfaction of the City Engineer and designed to the specifications of the Walnut Valley Water District. C:\WMURPSOLUTnVM32400,E n 20 OVO& N Im 1 II L "a, Im--M 14 e,�1xi 1 W Z 7 ON o1, 00 1r .0 O R �1 R � 1 II L "a, Im--M 14 e,�1xi 1 W Z 7 ON o1, 00 1r .0 O R