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02/07/1995
Cit CO U�R Cl AGENDA Tuesday, February 7, 1995 6:30 P.M. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Mayor Pro Tem Council Member Council Member Council Member Phyllis E. Papen Gary H. Werner Eileen R. Ansari Clair W. Harmony 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 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. l 111�1!I11�11 I�,ll: Please refrain from smoking, eating or drinking�The City of Diamond Bar uses reeled paper in the Council Chambers. ., - ` 1 and encourages you to do the same. '` O'i , , L � -01 .) _;A -K C HA COL' -NC LL NIEETING RULES PUBLIC INPUT The meetings of the Diamor.d Baz Cit,- C ow;cil are open to the public. A member of the public may address the Council on the subject of one or mote agenda items and"or other items of which are within the subject matter jurisdiction of the Diamond Bar City C oLncil. A request to address the Council should be submitted in person to the City Clerk. As a general rule the opportunity 'or pub a comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks toward Council Members or other citizens. Comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar City Council. A. Disorderly behavior toward the Council or any member of the thereof, tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order ofthe Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. Next Resolution No. 95-5 Next Ordinance No. 02(1995) 1. CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Papen ROLL CALL: Council Members Ansari, Harmony, Miller, Mayor Pro Tem Werner and Mayor Papen 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: 2.1 INTRODUCTION OF SENIOR VOLUNTEER PATROL MEMBERS Requested by: C/Miller 2.2 PRESENTATION OF COMMENDATION - to David Schey for his service on the Parks & Recreation Commission. Requested by: C/Ansari 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a Speaker's Card and crive it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. 4. COUNCIL COMMENTS: Items raised by individual Councilmembers are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CITY -ON-LINE TECHNICAL ADVISORY COMMITTEE - February 8, 1995 - 7:00 p.m., AQMD Room CC 3-5, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - February 9, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION MEETING - February 13, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL GENERAL PLAN HEARING - February 14, 1995 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 PRESIDENTS HOLIDAY - February 20, 1995 - In Observance, City Offices will be closed. Will reopen February 21, 1995. 5.6 CITY COUNCIL MEETING - February 21, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. FEBRUARY 7, 1995 PAGE 2 5.7 PARKS & RECREATION COMMISSION - February 23, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 Regular Meeting of December 6, 1994 - Approve as submitted. 6.1.2 Special Meeting of December 19, 1994 - Approve as submitted. Requested by: City Clerk 6.2 PARKS & RECREATION MEETING MINUTES - Regular Meeting of December 15, 1994 - Receive and file. Requested by: Community Services Director 6.3 VOUCHER REGISTER - Approve Voucher Register dated February 7, 1995 in the amount of $940,033.94. Requested by: City Manager 6.4 TREASURER'S REPORT - for the Month of December, 1994 Recommended Action: Review and approve. Requested by: City Manager 6.5 REJECTION OF CLAIM - Filed by Liberty Mutual Insurance Company on January 11, 1995. Recommended Action: It is recommended that the City Council reject the request and refer the matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk 6.6 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF HANDICAP ACCESS RAMPS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - Under the 1994-95 L.A. Urban County CDBG (Community Development Block Grant) Program, $112,800 of CDBG federal funds was approved and allocated toward installation of handicap access ramps at various locations along Diamond Bar Blvd. and Golden Springs Dr. At this time, bid specifications have been prepared. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX approving specifica- tions for construction of handicap access ramps at various locations and authorize the City Clerk to FEBRUARY 7, 1995 PAGE 3 advertise the project for bids. Requested by: City Engineer 6.7 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, AUTHORIZING AND DIRECTING THE CITY CLERK, ON BEHALF OF THE CITY OF DIAMOND BAR, TO ACCEPT THE OFFERING OF THE EASEMENT DEEDS LOCATED ON SHADOW CANYON DRIVE AT DIAMOND BAR BOULEVARD AND DIRECT THE CITY CLERK TO RECORD THE EASEMENT DEEDS - The property owners of Lots 1 and 49 of Tract No. 30289 in The Bar Country Estates have granted the City easements for maintenance of the traffic signal system at Shadow Canyon Dr. and Diamond Bar Blvd. In order for the easement deeds to be recorded, the City must adopt a resolution accepting and consenting to recordation of the easements. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX authorizing and directing the City Clerk to accept easement deeds for traffic signal maintenance purposes on Shadow Canyon Dr. at Diamond Bar Blvd. Requested by: City Engineer 6.8 REQUEST FOR PROPOSAL FOR DIAL -A -CAB SERVICES - At the December 19, 1994 City Council meeting, staff was directed to prepare a Request for Proposal (RFP) for Dial -A -Cab service to replace the current Dial -A -Ride services. Staff conducted a review of eligible, conditionally eligible and ineligible uses of Prop A and Prop C Local Return Funds. As part of the review, the existing Dial -A -Ride Program was evaluated for cost effectiveness and service level. Based upon current transportation opportunities and needs, staff recommended a Dial -A -Cab service for seniors and disabled be developed and that the City discontinue the Dial -A -Ride service contracted with L.A. County. Staff has prepared an RFP. Recommended Action: It is recommended that the City Council authorize the dissemination of the Request for Proposals related to the Dial -A -Cab services. Requested by: City Manager 6.9 REQUEST FOR PROPOSAL FOR RECREATION SERVICES - On April 30, 1995, the contract with the City of Brea for Recreation Services expires. Per Section 31 of Ordinance 20 (Purchasing), a Request for Proposals (RFP) has been prepared and is ready to be released to seek a contractor to provide these after April 30, 1995. Following their review of the RFP, the Parks & Recreation Commission recommended that the RFP process be dispensed with and FEBRUARY 7, 1995 PAGE 4 that negotiations should be conducted only with the City of Brea. The Commission also recommended that staff prepare and submit a proposal for an in-house recreation program. Recommended Action: It is recommended that the City Council direct staff and the Parks & Recreation Commission to dispense with the RFP process and direct staff to negotiate with the City of Brea for a contract to provide recreation services and for staff to complete a proposal to conduct recreation services with in-house staff. Requested by: Community Services Director 6.10 AGREEMENT FOR SALES TAX AND INFORMATION SERVICES -ADDENDUM - Shall the City engage the services of a consultant to monitor, identify and correct sales tax "point of origin" sales allocation errors. Recommended Action: It is recommended that the City Council approve and direct the Mayor to execute an addendum to the sales tax information update agreement between the City and Hinderliter, De Llamas & Assoc., to provide sales tax audit and information services. Requested by: City Manager 6.11 AWARD OF BID FOR THE PURCHASE AND INSTALLATION OF A PICNIC SHELTER AT PETERSON PARK - On January 3, 1995, Council adopted Resolution No. 95-01 authorizing the City Clerk to advertise for bids for to purchase and install a picnic shelter at Peterson Park. Bids were opened on January 31, 1995 from nine qualified contractors and ranged from $14,399 to $25,425. References for the lowest responsive bidder, Bill Theo Construction Co., have been checked and the contract for this project is prepared to be awarded. Recommended Action: It is recommended that the City Council award a contract to Bill Theo Construction Co., the lowest responsive bidder, to purchase and install a picnic shelter at Peterson Park in the amount of $14,399, plus an additional amount not to exceed $721 to serve as a contingency. Requested by: Community Services Director 6.12 CONFIRMATION OF MAYOR PRO TEM SELECTION - Confirmation of the selection of Gary H. Werner as Mayor Pro Tem to comply with requirements of the Brown Act. Recommended Action: It is recommended that the City Council confirm the election of Gary H. Werner as Mayor Pro Tem. FEBRUARY 7, 1995 PAGE 5 Requested by: City Manager 6.13 APPROPRIATION FOR CONTRACT CITIES ASSN. DINNER - The appropriation of funds to cover the cost of the California Contracts Cities Assn. monthly dinner meeting, which the City is hosting on February 15, 1995. Recommended Action: It is recommended that the City Council appropriate $3,200 to fund expenditures associated with the City hosting of the February 15, 1995 California Contracts Cities Assn. dinner meeting. Requested by: C/Harmony 6.14 PURCHASE OF PROPERTY - Staff became aware of the Sale/ auction of property by the L.A. County Tax Collector for the purpose of selling property to collect monies to pay for delinquent taxes and penalties. The subject property is privately owned, but is utilized as a neighborhood "pocket" park and is maintained by Landscape and Lighting Maintenance District No. 39. Recommended Action: It is recommended that the City Council approve and ratify the City's prerogative to acquire the subject property through first right -of -refusal, pursuant to California Revenue & Taxation Code. Further, it is recommended that Council approve the expenditure of $8,040, plus related costs. Requested by: City Manager 7. PUBLIC HEARING: NONE B. OLD BUSINESS: 8.1 WILDLIFE CORRIDOR - At the January 18, 1995 Wildlife Corridor Conservation Authority meeting, C/Miller presented the City's recommended amendments to the Joint Powers Agreement (JPA). The Authority members considered the suggested amendments and accepted all but one suggested change to the JPA. Recommended Action: It is recommended that the City Council direct staff as necessary. Requested by: C/Miller 8.2 COMMITTEE APPOINTMENTS - It is customary at the time of the City Council's reorganization that the designation of delegates and alternates to a variety of commissions/ committees and other agencies be considered for change. Continued from January 17, 1995. Requested by: M/Papen FEBRUARY 7, 1995 PAGE 6 8.3 ORDINANCE NO. XX (1995) - AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCES 20 (1989) AND 20A(1989) - The City's current purchasing regulations have been revised to include new sections which make the Purchasing System more efficient and effective. At the December 6, 1994 Meeting, Council directed staff and the Finance Subcommittee to review comments presented by Council Member Harmony. After review of the comments, the Finance Subcommittee has recommended some modifications in the proposed ordinance. As part of the process, staff developed a Policy and Procedures Manual for Purchasing. The Manual will be distributed to all staff when the Ordinance is approved. Recommended Action: It is recommended that the City Council approve for first reading, by title only Ordinance No. XX(1995): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCES 20(1989) AND 20A(1989). Requested by: Finance Sub -Committee 8.4 AB939 COMPLIANCE EVALUATION FOR CALENDAR YEAR 1994 - The City's Integrated Waste Management Coordinator has completed his review of the City's diversion rate. Based upon information obtained from the City's permitted waste haulers, the City has a diversion rate of 30.5% as of January 1, 1995. Although this is still above the 250 diversion requirement for 1995, it represents a decrease of 4.7a from the last diversion report dated May 1994. Recommended Action: It is recommended that the City Council review and file the AB 939 Compliance Evaluation. Requested by: City Manager 8.5 STANDARDS OF CONDUCT: COUNCIL MEETINGS; USE OF CITY STATIONARY AND CITY INSIGNIA; COUNCIL MEMBER RELATIONSHIPS; UNAUTHORIZED CONDUCT AND ACTIVITIES - Members of the Council have requested that an item be placed on the agenda which provides an opportunity for the Members to discuss several issues related to Council relations. The Members would like to discuss, at a minimum, standards of conduct for Council meetings, use of City stationary and other City insignia, Council Member relationships, unauthorized and inappropriate conduct and activities and sanctions related to inappropriate and/or conduct and activities. It is necessary for the Council to resolve the manner in which it conducts business and the manner in which Council Members conduct and/or represent themselves to each other and the community. In order to achieve some FEBRUARY 7, 1995 PAGE 7 level of resolution to these issues, the Council needs to invest the effort and time to discuss, formulate and decide on how best to address these matters. Requested by: Mayor Papen 9. NEW BUSINESS: 9.1 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR INSTALLING STOP SIGNS AT THE INTERSECTING LEGS OF THE RESIDENTIAL T -INTERSECTIONS OF COLD SPRING LANE AT BARBI LANE, COLD SPRING LANE AT AMBUSHERS STREET, CLEAR VIEW CREST DRIVE AT ROCK RIVER ROAD, AND GOLD RUN DRIVE AT RUNNING BRANCH ROAD - Based on the Vehicle Code and staff's recommended standard of practice, on January 12, 1995, the Traffic & Transportation Commission concurred with staff's recommendation to install stop signs at the intersecting legs of the following residential T -intersections: Cold Spring Ln. at Barbi Ln., Cold Spring Ln. at Ambushers St., Clear View Crest Dr. at Rock River Road and Gold Run Dr. at Running Branch Rd. Recommended Action: It is recommended that the City Council approve the installation of stop signs at the intersecting legs of the residential T -intersections of Cold Spring Ln. at Barbi Ln., Cold Spring Ln. at Ambushers St., Clear View Crest Dr. at Rock River Rd. and Gold Run Dr. at Running Branch Rd. Requested by: City Engineer 9.2 TEMPORARY APPOINTMENT TO PARKS & RECREATION COMMISSION. Requested by: Council Member Ansari 9.3 REDIRECTION OF CITY INVOLVEMENT IN MULTI -CULTURAL MATTERS - The Council directed that a Multi -Cultural and Human Resources Ad Hoc Committee be formed and monthly meetings have been held since April 1994. The Committee was open to all residents of D.B. and the cumulative expression of interest in the committee included approximately 39 persons. The largest number of persons attending any one meeting was about 13. More recently, attendance has dropped off to 4-6. Recommended Action: It is recommended that the City Council direct staff as necessary. Requested by: C/Ansari and MPT/Werner 10. ANNOUNCEMENTS: 11. CLOSED SESSION: May convene to consider: Matters of pending Litigation (G.C. 54956.9), personnel items (G.C. 54957), or FEBRUARY 7, 1995 PAGE 8 purchase/sale of real property (G.C. 54956.8). Records not available for public inspection. Personnel Session (Government Code Section 54957) re: Consideration of appointment of City Attorney 12. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY (-U. N'„ TO: CITY CLERK FROM: (/u ��1.� (7G'(,(.��' G�i G �f'� I EATE_: 6- ADDRESS: Z ��/ix��� % %/ yJ.- /% /3 E=EiGVE:�����"641Q ORGANIZATION: _ gy p �b (� /�e�•�,i i' -;__G C ��y /p�i`�P--- `� AGENDA #/SUBJECT: S c+ �,� T71 (Uu c c. 0U` Re 6� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. /4Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: r. W �� c �� �,} DATE: Z `� 1� ADDRESS: PHONE: ���� �f1 S ORGANIZATION: AGENDA #/SUBJECT: J ,� I expect to address the Council on the subject agenda item. leas ave the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS ' = t.: r 1rl TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. / ter'" crd '%"�, / �./d � • i Signature A" VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT CITY CLERK h a DATE: PHONE: I expect to address the Council on the subject agenda it Please have the Council Minutes reflect my name and address as written above. f i natu TO: FROM: ADDRESS: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK ORGANIZATION: AGENDA #/SUBJECT: �`��-tom DATE: -'' ZFo -7- �T PHONE69/—-- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Si ature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: 2--9-15 ADDRESS: PHONE: 905)c z5 462 7 ORGANIZATION: TJ rcr�t3 Ct,7,M,rr=muR� AGENDA #/SUBJECT: Re au tg -,T- Fu.2 c,, -y t ow4 c; t- T'a ;ZA-ca 3,0 11 d&;'JpA- -F,gLA /ToNN©R.,N& or 7z,�c Wt ,CH /}SSrSiZ,AO MZTWE 7'sc 3Y m&-un4C-- 7>L& 9S A-PJD 2B6'—V0n"J5 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m) name and address as written above. �- Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK 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 To: Friends & Neighbors From: Citizens For A Better Diamond Bar Date: 2/7/95 Phone: 909/861-8881 DA Asked To Review Councilmen Miller & Werner's Part In Illegal $150,000 Contract "...I believe that my non -participation in any aspect of this project is the most appropriate way to deal with what might appear to be the possibility of a conflict of interest." G. Miller, Jan. '93, South Pointe Master Plan Illegal hiring links Councilmen Gary Werner and Gary Miller to more than $430, 000 in development fees and lucrative contracts for a pro -development consultant who managed Diamond Bars controversial South Pointe Master Plan,, Sandstone Canyon. The potential for Conflicts of Interests --tied with the circumvention of City Ordinance -- has caused Councilman Clair Harmony's investigative finance committee to turn the matter over to the District Attorney's Office. ity Ordinances were violated with the illegal hiring (3/92) of a consulting firm to manage the controversial South Pointe Master Plan / Sand Stone Canyon. The open-ended expenditure was approved by City Manager Terry Belanger without bids, no Council authorization, circumvented budget controls, avoided public review, and exceeding his authority to spend money by 1,500% -- $150,000 has been spent to date. "You just cannot spend that kind of money without proper authority," said Councilman Clair W. Harmonic. "and then expect people not to ask questions. After having our findings confirmed twice by the City Auditors Thomas. Bigbie & Smith (10/94), and Moreland & Associates (7/94), we decided to send the matter on to the DA -- the CitS Council has been in a state of denial for months." Councilman Gary Werner had worked with Hardy M. Strozier of The Planning Associates in La Habra Heights on the equally controversial and failed Powder Canyon Development project (Werner also touted him at Diamond Bar City Hall). Strozier represented the developer, Sequoia/Forum, and Werner was La Habra Heights' Planning Director. Their city's voters later rejected the project (3/93), which had Werner's favorable recommendation. The developer left the City a debt of $100,000 plus in uncollected project fees and election costs. The issue was so controversial that two of Werner's La Habra Heights Council members decided not to run again in the last election (11/93). An appearance of a conflict of interest may also exist with Councilman Gary CORRECTION: Miller's knowledge of Strozier's hiring on his own former project (South Pointe / Original story sited Sandstone Canyon), since four months (7/92) after Hardy Strozier began work with Councilman Gary Miller with Diamond Bar, he submitted and successfully won a proposal for the Cloverleaf and previous relationship with Madison development projects in the City of Monrovia. Gary Miller, as a principal consultant, when in fact it developer, was on that city's selection committee (Phase I was for $115,000 and was Councilman Gary Phase II was awarded for $200,000.) Werner. Gary Miller had owned 78 acres of the South Pointe project, but continued to refuse to vote or participate in its development because of conflict of interest issues. (Note: The record shows that he did vote (7/92) for the $400,000 acquisition of Water Dist. Property, which completed the South Pointe Master Plan, and he met with Hardy Strozik�r in an unannounced and possibly illegal City Council session (9/92).) The circumstances of the hiring and subsequent relationships could place an undue influence on independent and professional service of The Planning Associates, which were charged with selecting environmental firms, engineering services, and writing development agreements for firms with links back to Miller's friends at RNP , The City Council and public debate has relied on these services in making its decisions to approve the South Pointe Master To: Friends & Neighbors From: Citizens For A Better Diamond Bar Date: 2/7/95 Phone: 909/861-8881 Flan EIR, Arciero and Sasak Dcvclopment Projects, as well as the Walnut School Dist. South Pooh; Middle ScllUUl, which is based on the same EIR. City of Diamond Bar Office Of Councilman Clair W. Harmony Council Memorandum To: Councilmembers Ansari, Miller, Papen, and Werner From: Councilman Clair Harmony Date: January 30, 1995 Subject: Lack of Financial Control - Elaboration of Management Letter Item #5 Conflicts of Interest in Appointment of Consultants without RFP Process In their management letter dated October 7, 1994, and released to the Council January 3, 1995 ("management letter"), Thomas, Bigbie, and Smith lists numerous weaknesses in the City's accounting and financial controls. Because the City's response dated December 13, 1994, was one of justification rather than implementation or improvement, I take this opportunity to discuss in detail one weakness in order that the need to fully address this and the other weaknesses is apparent to the Councilmembers. Item #5 of the management letter was captioned "Planning and Engineering Deposits". Thomas, Bigbie & Smith noted that "During our review of the City's deposit accounts it came to our attention that the City is purchasing professional services directly out of these accounts thereby bypassing any budgetary control. Currently expenditures are not recorded as such but instead are merely a reduction of the deposit balances...." As a practical matter, it is not only budgetary controls but all financial controls from competitive bidding and council review have also been lacking in this area. I brought this matter to the council's attention last spring and was vindicated by the Moreland report which also took exception to these practices. Staffs response to the Moreland report dated September 29, 1994, confirms that it was policy not merely oversight which permitted the award of all "developer related and reimbursed contracts" without Cit} Council approval and the competitive bidding required for such approval. How significant is such a departure from Council policy as established by Ordinance 20? By way of illustration, I have selected one consultant, Hardy M Strozier of The Planning Associates for review. The file does not indicate that Mr. Strozier was selected after an RFP process and clearly there was no City Council approval of the selection. The fees paid him and periods covered are: Period during which Invoice Amount Date of Check Services were Rendered March 1992 $ 1,662.50 May 19, 1992 June 8,001.20 August 4, 1992 April 5,019.01 September 15, 1992 P.O.Box 4153 Diamond Bar. CA 91765 * * * (909) 861-0161: FAY: (909) 861-8881 [Not Paid For At Public Expense] Council Memorandum Councilman Clair Harmony January 12, 1995 Page 2 of 4 May 3,168.61 September 15, 1992 Period during which Invoice Amount Date of Check Services were Rendered July 5,888.77 (A) February 2, 1993 Voucher Register August 6,674.68 October 6, 1992 September 10,106.91 (A) February 2, 1993 Voucher Register October 15,234.31 (A) February 2, 1993 VR November 13,110.51 (A) February 2, 1993 VR December 8,562.50 February 16, 1993 January 1993 11,426.44 March 10, 1993 February 16,483.52 April 6, 1993 March 10,397.33 August 3, 1993 April 19,609.70 July 6, 1993 May 10,942.74 July 6, 1993 June 1,904.00 August 3, 1993 Total $148.192.73 Staff did not make any invoices after June of 1993 available for review. Staff indicated that the $44,340.50 payment in February 1993 (sum of invoices marked with an (A)) was because the developers were slow in reimbursing the City. I have noted the following deficiencies in this history: 1. Lack of a request for proposal and competitive bidding process. 2. Lack of City Council Review. 3. Payments in excess of City Manager's authorization by more than 1500%. 4. Lack of budget and budgetary control. Council Memorandum Councilman Clair Harmony January 12, 1995 Page 3 of 4 5. Lack of developer deposits, lack of timely payment, and accumulation of significant unpaid balances which all act to reduce the professional independence of the consultant. For example, by the end of January 1993, the developers owed Strozier over $64,000 some of which was over 6 months old. 6. Apparent conflict of interest. In July 1992, only four months after he began work on the South Pointe Master Plan, Hardy Strozier submitted a proposal for the initial environmental assessment of the Cloverleaf and Madison development projects in the City of Monrovia. This contract in the amount of $115,665 was awarded in September 1992 and the contract for the second phase in the amount of $198,505 was awarded in May of 1994. One of the major developers footing the bill for this project and on the selection committee is Gary Miller. Hardy Strozier began work on RNP's South Pointe Master Plan project in March of 1992. Although Mr. Miller claims that he sold RNP in February of 1991 and that he and his father-in-law had no interest in the property after that date, there is substantial documentation to the contrary. For example, the Subdivision Application submitted by RNP with respect to the South Pointe Master Plan, the Environmental Impact Report for the South Pointe Master Plan, the Corporation Deed of Trust and Assignment of Rents recorded by RNP with Los Angeles County, The State of California Statement by Domestic Stock Corporation filed by Jan. C. Dabney as Secretary of RNP on September 3, 1992; and the Agenda for the City of Diamond Bar Planning Commission meeting of April 29, 1993, showing the South Pointe Master Plan as the only agenda item all list RNP's corporate address as 151 Juanita Avenue in Glendora - the same as Mr. Robert L. Rumsey's, Mr. Miller's father-in-law's, home address. These documents are dated from 1991 to 1993. Thus, there is evidence that Mr. Miller could have had significant influence upon Mr. Strozier because of his ownership in Monrovia properties and payment of tens of thousands of dollars of fees to Mr. Strozier for services rendered with respect to the Monrovia properties. There is also evidence to support the fact that Mr. Miller could have influenced Mr. Strozier because of his involvement in RNP. Mr. Strozier's invoices show that he did neet with Mr. Miller including a meeting of September 21, 1992, with Councilmembers Miller, Papen, and Forbing in violation of the Brown Act. (A memorandum provided by the City Clerk listing Council meetings shows that the meeting of September 21, 1992, was neither publicly noticed nor public. This is attached for your convenience.) Yet, Mr. Miller sat on the City Council and did not advise it of these apparent conflicts of interest. He claimed that he had no conflicts of interest with the South Pointe Master Plan and would neither vote nor participate in the development process (which he did) merely to avoid the appearance of a conflict. Furthermore, Mr. Strozier did not volunteer the information in order to clear himself of a conflict of interest. Council Memorandum Councilman Clair Harmony January 12, 1995 Page 4 of 4 It is also noteworthy that Councilmember Werner, as Planning Director for the City of La Habra, had significant dealings with Mr. Strozier prior to March of 1992. Mr. Strozier represented Sequoia/Forum Country Clubs of California and their proposed Powder Canyon development of a golf course and 150 luxury homes on 540 acres in the hills of La Habra. As planning director, Mr. Werner recommended the Powder Canyon development project which was overwhelmingly defeated at the polls in November of 1993 and on which the City of La Habra took a financial beating. Although Mr. Strozier's client paid a $20,000 deposit, it left the city with $85,000 of unpaid project fees and $15,000 of costs associated with putting the project on the ballot; moreover, the city's total costs related to Powder Canyon were over $400,000 and costs not covered in the city's contract with Sequoia/Forum were absorbed by the City. Thus, poor project management created a huge hit for a city running on a $3 million annual budget. It is interesting that Mr. Werner did not see fit to advise the people of Diamond Bar that the City of Diamond Bar had hired as South Pointe Master Plan project manager, without public or Council review, a project manager who had aggressively advocated the development of the hillsides of La Habra in a manner so unacceptable to and adamantly rejected by the people of La Habra, that Mr. Werner permitted the developers to get six months behind and $64,000 in debt to the City of Diamond Bar with respect to just one consultant. Furthermore, one must wonder how the City Manger became aware of and selected Mr. Strozier for this position. This reflects very poorly upon the professionalism and competence of the City's staff in hiring qualified consultants, of the consultant's hired upon whose advice the City Council is basing decisions which will affect the quality of life for generations to come, of the directly involved member of the Council, and upon all members of the Council who continue to condone such actions. chron2.dW05.doc page 1 PETITION FOR THE CITY OF DIAMOND BAR PARKS AND RECREATION DEPARTMENT TO ADD A ROLLER HOCKEY PROGRAM. Dear Council Members, Attached are the signatures of numerous citizens of our city who would like to see the City's Parks & Recreation Dept. form a roller hockey program. Roller hockey has become a very popular sport for the children of our city. Many other cities have created roller hockey programs and we would like to have one in our city. The other alternative is to sign up at a roller rink. This is very expensive and the schedules call for 6am practices and late evening games. Roller hockey is being played everywhere! All you have to do is drive through our neighborhoods to see how dedicated our children are. The Parks & Recreation Dept. has done an excellent job with the existing programs they currently offer. We feel they'll do the same with this program. Also could you make available an area to practice and play our games at. Sincerely, The Children of D.B. PETITION page 21. 22. 23., �� �� PC-; 24. C� a, 25. Il_ �., 26. 27. 28. An8p- (, I F-_ r, r a -V-) e 29. 30. 31. �k n ll% r a 32. 33. 34. IV\ 35. 36.E 37. 38. 39. 40. PRurriON I. ( �?/-Ol/ 2• LA � 3. 4.5. �,;� 21 22. 23. �' J 24. � � ! J I/ V-�GZ-- 25. VO - 6. �L VLo r© 26. i 7.� �(� 27. 8. ��- ��.sz�, 28. 29. 9. 10. 30. 11. %�//, t? 0 t/ ala facc,,,t. 31. 12. �'� ���s�a 32. 13. 34. 15.-�C�,�.P 35. 16. 36. 17. Mnjc�6 (���,��� 37. 19. ,' 1 f l —���� �,39. 20.,- - �� 40. page 21. �,--, 2. 22. TC1 K C 3. (�(� d�OV .234a ff&n)-Uv, i 24. ' �+� :� Ka 6. �� ��� , 26. c �l a e cA 2_ 27 7. r�o� 8. P) 28. 9. 11. ;�'✓U"� 31. 12. 334i7L6,�' 14- AL dam!- GS-' >�c� 34. �%J ;- P 1 S.l� �=lG A 35. 16. � l k l \ 36. f k(` c1 C� cab e 17. 37. I`6-� CA h 18.C Y I 38. v 19. I� +� (�+ ���� 39. 40. 20. y \ 1 11 rJ 2. 3. 4. 5. - JJ� 6. 7.'' 8. ��Crrn dh 9. 10. page pWrivriON 28. 29. 30. 31. 32 13.�s�� 14. 15. 19. 20. 33. 34. /J 35 36. r� 37.�i�'rr�� 38. �� 39. �G� 40.C�L�- 2. �r4VO 3. ft2}0- C`- 5. 6. 7. 8. 9. 10. 11. PETITION page 21. gdA' 22..'i��`11,� 23. 24. (✓c1v'� �,' 25. 26. 27. 28.Qvl1�'� 29. vuttct tu 31. � � 26 G 12. ?�m -;ZIQ � 13. 14. 15. 16. 17. [v l 20. 32. 33. 34. 35. 36. 37. �d�"IGfC/L4 38. 39. 40. PRITTION 6. Y►r 7-6U� 8. �- JUclt+h10, 9. i 12. 13. i/ir'15 page 21. 22. 23. 24. 25. 26. 27. 28. N a a C, I Im 29. 30. 31. 32. 33. 14. e f, t ,'l c) C ccs 34 35. 36 rev 37. 38. J 39. 40. 6 PRUI ION i 21. 2. 22. 3. oanqL } 23. 4.J 24. 5. 25. 6. 26. 7. 27. 28. 9. 29. 10. 30. 11. 31. 12. 32. 13. 33. 14. 34. 15. 35. 16. 36. 17. 37. 18. 38. 19. 39. 20. 40. page ]COUNCIL STANDARDS Section XX. Council Communications 1. "Communications" involving the use of the City of Diamond Bar logo, stationary, business cards, "Sidewalk City Hall", or any other similar city resources giving the impression of City or City Council sanctioned communications are for official business only. 2. Use of any and all City resources for endorsement of partisan or non-partisan political candidates is strictly prohibited. Any endorsement using a councilmembers' title must include a disclaimer in no less than 8 point type stating 'Titles are used for identification purposes only and are not an endorsement of the City of Diamond Bar." 3. Any use for non -candidate political activities such as a bond measure or ballot statement must receive prior approval by a vote of a majority of the City Council at a regularly scheduled meeting. 3. Individual council member communications should not use words such as "city newsletter" or "city hall news" or "city council update" which might imply the communications are official, sanctioned- communications. 4. A unofficial communication shall include a disclaimer in not less than 8 point type stating 'The opinions expressed are those of (name/author) only and are not an official communication from the City of Diamond Bar or the Diamond Bar City Council. ]COUNCIL STANDARDS Section XX. Council Communications 1. "Communications" involving the use of the City of Diamond Bar logo, stationary, business cards, "Sidewalk City Hall", or any other similar city resources giving the impression of City or City Council sanctioned communications are for official business only. 2. Use of any and all City resources for endorsement of partisan or non-partisan political candidates is strictly prohibited. Any endorsement using a councilmembers' title must include a disclaimer in no less than 8 point type stating 'Titles are used for identification purposes only and are not an endorsement of the City of Diamond Bar." 3. Any use for non -candidate political activities such as a bond measure or ballot statement must receive prior approval by a vote of a majority of the City Council at a regularly scheduled meeting. 3. Individual council member communications should not use words such as "city newsletter" or "city hall news" or "city council update" which might imply the communications are official, sanctioned communications. 4. A unofficial communication shall include a disclaimer in not less than 8 point type stating "The opinions expressed are those of (name/author) only and are not an official communication from the City of Diamond Bar or the Diamond Bar City Council. i2/t'3/1995 18:59 909-861-8898 ryyw AL RLW1LLA - - AL RUWHjLA "".gran-- 0.. r'191:m *f2m l.r FAWS FACSIM ,P TRAIN-MhMTAT. FARM v DATR February 3,1995 C� AMMON: Mr. Tetrme L. HdeW Xi FROM: W. Al Rfw*ns SUlNpc : MftoAv RWO PAGE 01 Dear Mr. Bd mger : Would you please see that a copy of dwe two pages. be pass on do each of our Cotime d members for Tuesday (the T) c uw l mating Thant you. On pqp 2 �m my rc•un�-.dations foc 6+pWs flint I fool should be made to the owneWs Hides that hwo replace the minion smkuw t on to back page of the egcn& I fed Brat who ever wrote the rules arc t7h* to clow ifie door to the public Sor film perticipedion. Mr- Al Runp'lin =a CWS■ sMUocaMAMMM TM FAMMMAssMs MCM .VW 994M ti Dear Mr. Bd mger : Would you please see that a copy of dwe two pages. be pass on do each of our Cotime d members for Tuesday (the T) c uw l mating Thant you. On pqp 2 �m my rc•un�-.dations foc 6+pWs flint I fool should be made to the owneWs Hides that hwo replace the minion smkuw t on to back page of the egcn& I fed Brat who ever wrote the rules arc t7h* to clow ifie door to the public Sor film perticipedion. Mr- Al Runp'lin =a CWS■ sMUocaMAMMM TM FAMMMAssMs MCM .VW 994M RECEIVED 02/03 20:11 1995 AT 6L RUWILLA 02/03/1995 18:59 909-861-8898 DIAMOND BAR C ff COUNCM MBE"sMG RMEMS �eGti�oitaaisw e�drre�aow,yrdrMor. Idol 10 wlirirdaicC7q►Ci�. ip�� oa�tloe#�iloi��edar<���. arY �oW��/'rb►�IP�'�L ��ie is aaoaoir�ns wii !do �_ � • � rl�w a is aaloi oa i�r ie C�► Oo�1 sM M psoicd tivicpooftdda @pokwnar-�a ����i,q►sat�„i1�Mtloa.t Sorted ipb. 'mss �rlr rim oob�srae�rrilrr■rt>ts oareeYCl�i.. a�rpwoariv oorrllriel:v� salt i� f�lb a r�1s ar �eW 1enliei � � Dieeee�d � d4 �• A. DI�eM.b►aiaineai+rtorlb►Yre�.ptir isaMar/arrrrss[�Hrorrlieg. S Ali --*sin mdu'W OWMN d'reid G jn Mj w&*gerri 4fmM=vdhW 2401MATM RU AMM TO ACGDIDM AM ACTIOM COI= CORAP."a• AVrfrissspderDle�ordser srsilri�ledre�raeidb►t�dir4M MCti!►aP� 72b=-eias14110k& ASIWO coupderttierr-a}corst.rdee L gwrmrt of** dq coma irreearded oaerrrdte%w red u" m wol bhtaaoNW eiteegt ADA Jim iqe A.ao�iwr..iow�ie■sioariiiejw*=po vdir�otiifig►4a c%i■�ro�wroawsdaeer�i. mm tli�ire�s/e ielr/srterrre+iiore ns des ams riores i leertiarrlieat iasdw■os din *�mwNelgiiore�00�?AfmMlrwaei a� ai p}aw I�io■d4f FAft. mummPmMumom corw 1�pee drlsrtior (moil cClrlboe>iea rWM- AMM YAT W TARN ONANY UM MOM= ON M Ate' OCc a.it a:tr ao..c1� ••�� c�ad4�seNs C� b ear artl■s ' 1 2. „r MINUTES OF THE CITY COUNCIL O REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 6, 1994 CALL TO ORDER: M/Werner called the meeting to order at 6:32 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: Council Members Ansari, Miller, Papen, Mayor Pro Tem Harmony and Mayor Werner. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; George Wentz, Interim City Engineer; James DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: 2.1 PRESENTED CERTIFICATES OF RECOGNITION - to winners of the "What Diamond Bar Means to Me” Essay Contest sponsored by the D.B. Historical Society. 2.2 PRESENTED COMMENDATION - to Pastor Robert Clayton for his efforts in assisting local residents. 2.3 PRESENTED CERTIFICATES OF RECOGNITION - to the 1994 General Plan Advisory Committee. 2.4 Presented a City Tile to Glennon Neubauer, Outgoing President of the D.B. Historical Society. 3. PUBLIC COMMENTS: Karl Rosen, President, D.B. Chamber of Commerce, presented M/Wemer with a plaque and commended him for his support and assistance with the Chamber and the entire business community during his term as Mayor. Jim Paul, 1269 Ahtena Dr., commented on Landscape District No. 38 and thanked the City as well as Mr. Liu, Mr. Wentz, Mr. Belanger and C/Ansari for landscaping the medians on Golden Springs. Red Calkins, 240 Eagle Nest Dr., stated that there are numerous rumors going around about several Councilmembers. Wilbur Smith, 21630 Fairwind Ln., commented on the traffic on D.B. Blvd. during the street construction. He asked if CalTrans could put signs on the 57 freeway at the D.B. off -ramp to indicate to people of the traffic problem. He asked the City Engineer to have the lights at the south end of D.B. altered to slow down traffic coming off the freeway. Frank Dursa, 2533 Harmony Hill, announced the possibility of an appeal of the Court's decision regarding the recall of Councilmembers Miller and Papen and stated that the Council should appoint someone to the MTA who will definitely be on the Council next year. He suggested that either MPT/Harmony or C/Ansari be appointed to the MTA. DECEMBER 6, 1994 PAGE 2 Nick Anis asked if the City and Councilmembers Miller, Papen and Ansari had endorsed Paul Horcher. Dr. Lawrence Rhodes, Fiber Ct. asked when is a point of order during public discussions valid. He commented that C/Papen has done an excellent job and he strongly supports C/Papen being on the MTA. George Barrett, 1884 Shaded Wood Rd., congratulated M/Werner on the fine job he has done as Mayor. He also stated that MPT/Harmony or C/Ansari should be the next mayor. Max Maxwell, 3211 Bent Twig Ln., thanked M/Werner for the wonderful job he has done. Don Schad, 1884 Shaded Wood Rd., commented on the emergency meeting regarding Sandstone Canyon Park and how fortunate that the City has Mr. Montgomery as the City Attorney. He also commented on the Sycamore Canyon Park clean-up stating that 1,500 lbs. of trash and graffiti were cleaned up. He thanked the following service groups for their participation: Girl Scout Troop 275, Rotary Club, Interact, D.B. High School, Cal Poly, Cal Poly Alpha Sigma Lobra, Daisy Girl/Boy Scouts Troops 703 and local residents. He thanked M/Werner and the entire Council for their help. He also announced that he is planning nature hikes for seniors, students and science groups. He further commented on the ticketing on D.B. Blvd. and the sign always being moved to new locations. Jack Gutowski thanked all of the Councilmembers and M/Wemer for a fine job. 4. COUNCIL COMMENTS: C/Miller announced that D.B. High School did a tremendous job during the football CIF play-offs. He also stated that everyone needs to treat each other with more respect during 1995. C/Ansari thanked the citizens of D.B. for electing her to the Council. She also thanked the other members of the Council and stated that M/Werner had done a tremendous job even with the personal attacks. She announced a free home seminar hosted by the City, 9:00 a.m. - 12:00 p.m. at Heritage Park Community Center for first-time home buyers with low or moderate income. She stated that Lt. Hanson supplied her with a Survey for 1993 and D.B. was rated 24th out of 181 cities for being safe. C/Papen thanked the support of her colleagues and those in the audience. She stated that a letter endorsing Mr. Horcher, which contained her name, was sent out by MPT/Harmony and expressed concern that the letter was sent without her permission. She also stated that she signed the Notice of Intent to Recall Assemblyman Paul Horcher. Regarding MPT/Harmony's alleged assaults on Council Members, she stated that she witnessed these assaults. MPT/Harmony stated that the City needs to enter into the new year with peace and tranquility. He shared his "free" holiday shuttle bus ride pictures and expressed disappointment that the shuttles did not contain the literature or coupons promised by the DECEMBER 6, 1994 PAGE 3 Chamber of Commerce. He commented on the Sycamore Canyon Park trash clean-up. He also commented on slurry seal that was done by mistake in the City of Industry and stated that he had notified staff immediately of this. MPT/Harmony announced that the City is attempting to get 3 gas stations approved by the State for recycling of used motor oil. M/Wemer thanked all of the Council Members and citizens for their positive comments. He announced the good that the City has done with the road improvements. C/Miller requested that Item 9.2 be moved up to accommodate the citizens in attendance for this item. 9.2 REQUEST BY EVANGELICAL FREE CHURCH OF DIAMOND BAR TO PARK ALONG SOUTHBOUND DIAMOND BAR BOULEVARD FROM CROOKED CREEK DRIVE TO THE NORTHERLY DRIVEWAY OF THE CHURCH ON SUNDAYS - ICE/Wentz stated that a field review and investigation was completed by staff and key issues were taken to the Traffic & Transportation Commission. The Commission's primary concern was parking along this section of D.B. Blvd. because of the horizontal curvature and because the limiting width of the bicycle lane could cause potential safety concerns for the City. Therefore, it was felt that it would not be prudent to authorize the temporary parking. He advised that the Traffic & Transportation Commission felt that, on a temporary basis, this could be accommodated if D.B. Blvd. was re -striped along this section as part of the street improvement project now under way. M/Wemer stated that the City recently granted a request of St. Denis Church and asked what the distinguishing differences are. ICE/Wentz advised that staff also requested that that request be denied. He stated the only difference between the two locations is the road alignment. Mark Hopper, Pastor, Evangelical Free Church, stated that they wanted the same treatment as St. Denis for parking on the streets on Sundays. He stated that there had never been any safety problems in the past. C/Papen asked if the double left turn lane is addressed. ICE/Wentz advised that it would ultimately become an issue at such time as the double left turn is installed. M/Werner asked if the bicycle lane striping could be accomplished in a way that would eliminate the concerns of staff regarding safety. ICE/Wentz advised that this would eliminate the concerns because it would be temporary until the double left turn is installed in the next 90 to 180 days. M/Werner stated that as with St. Denis, once there are traffic hazards associated with the DECEMBER 6, 1994 PAGE 4 allowance of parking, the Council would re-evaluate the possibility of going back to another form of traffic control. C/Miller moved, C/Papen seconded to approve on -street parking on D.B. Blvd. from Crooked Creek Dr. to the northerly driveway of the church from 6:00 a.m. to 10:00 a.m. on Sundays until modification of the intersection of D.B. Blvd. and Brea Canyon Rd. begins. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/Harmony, M/ Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 5. REORGANIZATION OF CITY COUNCIL: Wilbur Smith asked the Council to give the audience a clear understanding of the process and procedures for selecting the Mayor. Don Schad suggested appointment of MPT/Harmony as Mayor and C/Ansari as Mayor Pro Tem. George Barrett concurred with Mr. Schad regarding the appointment of Mayor and Mayor Pro Tem. Dr. Lawrence Rhodes commented that working with the City and Council has been a pleasure; however, during Council meetings they fall apart. He commented on the outbreaks by MPT/Harmony and believes that because of that, he should not be appointed Mayor. He suggested selection of C/Ansari for Mayor. Steve Nice and Red Calkins stated that the public should vote for the Mayor. Max Maxwell agreed with Mr. Calkins; however, he asked that the Council appoint MPT/Harmony as Mayor. Jan Dabney suggested that a senior member of the Council should be Mayor. Jack Gutowski stated that the voters recently voted for Mr. Harmony for Council and that should tell all. Terry Birrell reiterated that voters elected Mr. Harmony for Council and he should be appointed as Mayor. Jim Paul requested that the Council Members support the Mayor for the new year. CM/Belanger reported that Government Code Section 36801 provides that the Mayor of a General Law city is selected by a vote of the Council unless there is an initiative to have a directly elected Mayor. He requested that the positions of Mayor and Mayor Pro Tem not DECEMBER 6, 1994 PAGE 5 be vacated until there is an affirmative vote of a new Mayor and Mayor Pro Tem. In response to C/Miller, CM/Belanger stated that it would be prudent not to have the seat of Mayor vacated before the Council elects a new Mayor. ICA/Montgomery advised that this request is simply a political decision on whether or not to declare the seat vacant. He advised that per Code, somebody must chair the meeting and the Council must select a Chair. C/Miller moved, C/Papen seconded to vacate the seat of Mayor and Mayor Pro Tem. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Miller, Papen, MPT/Harmony NOES: COUNCIL MEMBERS - M/Werner ABSENT: COUNCIL MEMBERS - None 5.1 SELECTION OF MAYOR - C/Miller nominated C/Papen for Mayor, C/Papen seconded the motion. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Miller, Papen NOES: COUNCIL MEMBERS - Ansari, Harmony, Werner ABSENT: COUNCIL MEMBERS - None C/Werner moved, C/Ansari seconded to nominate C/Ansari as Mayor. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Ansari, Werner NOES: COUNCIL MEMBERS - Harmony, Miller, Papen ABSENT: COUNCIL MEMBERS - None C/Ansari moved, C/Werner seconded to nominate C/Werner as Mayor. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Ansari, Werner NOES: COUNCIL MEMBERS - Harmony, Miller, Papen ABSENT: COUNCIL MEMBERS - None C/Ansari moved, C/Miller seconded to appoint Gary Werner as Interim Mayor to chair the election. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, Papen, Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None RECESS: C/Werner recessed the meeting at 8:33 p.m. DECEMBER 6, 1994 PAGE 6 RECONVENE: C/Werner reconvened the meeting at 9:00 p.m. 5.1 SELECTION OF MAYOR (CONT'D.) - C/Miller moved, C/Papen seconded to carry items 5.1 and 5.2 over to the December 20, 1994 meeting and have C/Werner continue as Interim Mayor for the period. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Miller, Papen NOES: COUNCIL MEMBERS - Ansari, Harmony, Werner ABSENT: COUNCIL MEMBERS - None C/Ansari nominated Clair Harmony as Mayor, C/Harmony seconded the motion. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Ansari, Harmony NOES: COUNCIL MEMBERS - Miller, Papen, Werner ABSENT: COUNCIL MEMBERS - None 5.2 SELECTION OF MAYOR PRO TEM - Continued to December 20, 1994. 5.3 PRESENTATION TO MAYOR GARY H. WERNER - Continued to December 20, 1994. 5.4 APPOINTMENT OF DELEGATES AND/OR ALTERNATES TO COMMISSIONS/COMMITTEES AND OTHER AGENCY BOARDS - Regarding appointment to the Southeast Mosquito Abatement District, C/Ansari advised that Dexter MacBride has done an excellent job. She stated that this is a political appointment; however, it does not have to be a politician or a Council Member. Mr. MacBride agreed to continue in his position on the Mosquito Abatement District for two years. C/Miller moved, C/Ansari seconded to appoint Dexter MacBride to the Southeast Mosquito Abatement District for two years. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Miller, Papen, Werner NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None RECESS: IM/Werner recessed the meeting at 9:06 p.m. RECONVENE: IM/Werner reconvened the meeting at 9:25 p.m. 8. OLD BUSINESS: DECEMBER 6, 1994 PAGE 7 8.1 2ND READING OF ORDINANCE NO. 03(1994): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DIAMOND BAR BY RECLASSIFYING CERTAIN REAL PROPERTY, HEREIN DESCRIBED, FROM THE A-2-2 (HEAVY AGRICULTURE) ZONE TO THE R-1-40,000 (SINGLE FAMILY RESIDENCE) ZONE. (ZONE CHANGE NO. 92-2). C/Miller moved, C/Harmony seconded to approve second reading by title only and waive full reading and adopt Ordinance No. 03(1994) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DIAMOND BAR BY RECLASSIFYING CERTAIN REAL PROPERTY, HEREIN DESCRIBED, FROM THE A-2-2 (HEAVY AGRICULTURE) ZONE TO THE R-1-40,00 (SINGLE FAMILY RESIDENCE) ZONE. (ZONE CHANGE NO. 92-2). With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, Papen, Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6. SCHEDULE OF FUTURE EVENTS: 6.1 TRAFFIC & TRANSPORTATION COMMISSION - December 8, 1994 -7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6.2 PLANNING COMMISSION MEETING - December 12, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.3 PARKS & RECREATION COMMISSION - December 15, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 6.4 CITY COUNCIL MEETING - December 20, 1994 - 6:30 P.M., AQMD Board Hearing Room, 21865 E. Copley Dr. 7. CONSENT CALENDAR: C/Ansari moved, C/Harmony seconded to approve the Consent Calendar with the exception of Items 7.11 and 7.13 and noting the abstention of C/Miller on Item 7.9. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, Papen, Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Miller stated that he would abstain on voting on Item 7.9 due to a potential conflict of interest. 7.1 APPROVAL OF MINUTES: 7.1.1 Adjourned Regular Meeting of September 12, 1994 -Approved as submitted. 7.1.2 Regular Meeting of September 20, 1994 - Approved as submitted. DECEMBER 6, 1994 PAGE 8 7.2 PLANNING COMMISSION MINUTES: 7.2.1 Regular Meeting of July 16, 1994 - Received & filed 7.2.2 Regular Meeting of July 18, 1994 - Received & filed 7.2.3 Regular Meeting of July 25, 1994 - Received & filed 7.2.4 Regular Meeting of August 1, 1994 - Received & filed 7.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 7.3.1 Regular Meeting of August 11, 1994 - Received & filed 7.3.2 Regular Meeting of September 8, 1994 - Received & filed 7.3.3 Regular Meeting of October 13, 1994 - Received & filed 7.4 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of October 26, 1994 - Received & filed. 7.5 APPROVED VOUCHER REGISTER DATED DECEMBER 6, 1994 IN THE AMOUNT OF $732,196.94. 7.6 RELEASED GRADING BOND POSTED FOR 21865 E. COPLEY DRIVE IN THE AMOUNT OF $2,700. 7.7 ADOPTED RESOLUTION NO. 93-53A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR LIGHTING OF SPORTS FIELDS AT PETERSON PARK. 7.8 ADOPTED RESOLUTION NO. 94-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE STATE -LOCAL ENTITY MASTER AGREEMENT NO, SLTPP 07-5455 FOR GRANT FUNDS FOR THE STATE AND LOCAL TRANSPORTATION PARTNERSHIP PROGRAM UNDER SECTION 2600 ET SEQ. OF THE STREETS AND HIGHWAYS CODE FOR THE DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT. 7.9 ADOPTED RESOLUTION NO. 94-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF A RIGHT -TURN LANE ON SOUTHBOUND BREA' CANYON ROAD AT WESTBOUND SR 60 ON-RAMP AND ESTABLISHMENT OF A "NO STOPPING ANYTIME" ZONE ON THE WEST SIDE OF BREA CANYON ROAD FROM THE SR 60 ON-RAMP TO A POINT 300 FEET NORTHERLY THEREOF. DECEMBER 6, 1994 PAGE 9 7.10 APPROVED PRODUCTION OF COMMUNITY NEWSLETTER AND RECREATION GUIDE - 4 four newsletters/recreation guides, on an annual basis, at an additional cost of $15,000. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, Papen, Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7.12 PLANNING COMMISSION APPOINTMENT - Confirmed the appointment of Robert Huff to the Planning Commission. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 7.11 CANDIDACY FOR METROPOLITAN TRANSPORTATION AUTHORITY, BOARD OF DIRECTORS, ALTERNATE: COUNCIL MEMBER PHYLLIS PAPEN - CM/Belanger advised that C/Papen has been an alternate board member of the MTA for the past two years. She has been nominated and is a candidate to continue on as an alternate. C/Harmony asked C/Papen if she used her MTA Board membership to solicit funds from that agency's vendors and special interests for Gary Miller's campaign for State Senate. C/Papen stated that she had never written any letter raising funds for any candidate using her title on the L.A. County Metropolitan Transportation Authority nor had she solicited funds for any political candidate by any contractor or proposed applicant of any project before the MTA. Further, she had never received any money or financial contributions from anyone related with any contract with the MTA. C/Miller stated that he is unaware of any documents that C/Papen wrote for him as Director or as an individual involving anything to do with his candidacy for the Senate and he filed Campaign Statements indicating all monies that he received. C/Werner advised that the Council cannot appoint a Council Member to the MTA Board; however, they requested the Council to vote for the City Selection Committee on behalf of C/Papen. Max Maxwell, 3211 Bent Twig Ln., asked the Council to clarify if the Mayor appoints someone to the MTA. He stated that C/Papen should not be reappointed as it is time for someone else to represent the City. He also stated that C/Papen should not be recommended for Mayor. C/Werner advised that the City Selection Committee is made up of the Mayors of the cities on the MTA Board and, in the Mayor's absence, there needs to be an alternate for voting. DECEMBER 6, 1994 PAGE 10 C/Ansari stated that C/Papen has done a remarkable job on the MTA and fully endorsed her as the alternate. C/Papen thanked the Council for their support and commented on traffic problems being the number one issue in the City. She reported that when she ran for Council, she made it a priority to control the traffic problem. She also advised that since there has been a representative on the MTA Board, the City has received two grants for light synchronization on Grand Ave. in the amount of $280,000 and a new project that will include synchronization of 22 traffic lights on D.B. Blvd/Mission through the cities of D.B. and Pomona in the amount of $400,000. Further, the City won full funding for $52 million for carpool lanes on the 60 and 57 freeways and construction is scheduled to start October 1995. She stated that the 60/57 freeway interchange has not been completed and it is her goal to complete that project with the help of the MTA, Federal and State funds. It was moved by C/Miller, seconded by C/Ansari to support the candidacy of C/Papen for alternate member to the Metropolitan Transportation Authority for the San Gabriel Valley cities. Further, to support C/Ansari as alternate alternate. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Miller, Papen, Werner NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 7.13 LIBRARY SERVICE ALTERNATIVES STUDY - C/Werner stated that this item was withdrawn from the Consent Calendar because the City had not yet seen any proposals for the library service alternatives study. He advised that the City of San Dimas is conducting the study but has not forwarded the information. CM/Belanger advised that the project has an 8 -week time line and the study should be completed the later part of January, 1995. Continued to December 20, 1994. 8. OLD BUSINESS (CONT'D.) 8.2 FINANCE COMMITTEE REPORT AND RECOMMENDED MATTERS - Continued from November 15, 1994. (a) ORDINANCE NO. XX(1994) - AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCES 20(1989) AND 20A(1989) - ACM/Usher reported that the purpose of the ordinance is to update requirements for advertising for purchases, obtaining bids and purchasing and is based on a DECEMBER 6, 1994 PAGE 11 review of the City's existing ordinance along with those of a number of other cities in So. Calif. C/Papen commended staff for the fine work done in putting the ordinance together as well as Council Members Ansari and Werner for their work as the Council's sub -committee. She asked about the use of recycled materials and stated that in the previous ordinance, it was required that reports submitted be copied front to back; however, in the new manual, it encourages the use of recycled materials but does not include the requirement that materials be copied front to back. ACM/Usher pointed out that bid and consultant proposals are encouraged to be copied on both sides of the paper, but he was concerned that a proposal would not be accepted if it was not copied front to back. C/Papen suggested that that part of the ordinance be enforced. Max Maxwell, 3211 Bent Twig Ln., stated that the City should have a strict and new policy compared to the existing ordinance. He expressed concern that the City Manager has a $10,000 limit which should be lowered to $5,000. Terry Birrell stated that there is no need for a new purchasing ordinance and that the new ordinance was not ready for Council approval. Frank Dursa stated that Ms. Birrell's recommendation should not be taken lightly and agreed that the ordinance is not ready to be approved. He stated that the City Manager has an excessive spending limit. MPT/Harmony recommended that the Council proceed with the recom- mendations and concurred that the current ordinance is accurate; however, it was not followed as verified by the Moreland Report. He stated that he had written changes to submit. C/Werner directed that C/Harmony's recommendations be submitted to staff and that this item be continued to December 20. C/Miller recommended that C/Harmony's recommendations be reviewed by the Committee prior to the next Council meeting and the subcommittee come back with their responses. Continued to December 20, 1994. (b) REQUEST FOR PROPOSALS - ANNUAL INDEPENDENT FINANCIAL AUDIT SERVICE AND QUARTERLY COMPLIANCE AUDITS, FOR DECEMBER 6, 1994 PAGE 12 FISCAL YEARS 1994-95, 1995-96 AND 1996-97. CM/Belanger advised that the request would include an annual independent financial audit of the City's financial systems including quarterly compliance audits for FY 1994-95, 1995-96 and 1996-97. In response to C/Harmony, CM/Belanger explained that quarterly reports should be done through a formal process so that the citizens, Council and others can be secure that staff is conforming to the rules, regulations and procedures as they relate to the financial management system. C/Harmony concurred with CMBelanger's theory of quarterly reports for making immediate corrections; however, the company presently doing the City's audits has yet to submit their report. CM/Belanger stated that staff has asked the accounting firm to submit its report. C/Papen advised that Council and staff have identified purchase orders that had potential problems which were comments on in the Moreland Report. C/Ansari stated that there are no problems with the finances of the City. The community and staff are involved in the Finance Committee and no wrong doing has been found. C/Miller moved, C/Ansari seconded to approve the Request for Proposals for Annual Independent Financial Audit Service and Quarterly Compliance Audits for FY 1994-95, 1995-96 and 1996-97. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, Papen, Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.3 MEMBERSHIP IN THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY - CM/Belanger advised that the updated report indicates that the Council is desirous of becoming a signatory to the Joint Powers Authority. He suggested that Council consider requesting the Authority to certify that all items relating to the agreement can only be changed with a unanimous consent of the members, that eminent domain be prohibited as an instrument for acquisition of property, that the use of taxation assessments in other levies be prohibited in terms of raising capital to purchase or acquire properties under the scope of the Authority. He stated that there is language defining and discussing how one defines what the wildlife corridor area is, referenced in Section 3.0 of the Agreement. DECEMBER 6, 1994 PAGE 13 Joseph Edmiston, Executive Director, San Joaquin Mountains Conservancy, stated that the Internal Revenue Code provides very powerful incentives if an agency has the right of eminent domain, it can go in and the Code actually encourages people to get together and make settlements rather than go to court. There is a "forced conversion provision" of the Code which allows a substantial reinvestment period of three years plus the year in which the acquisition is made. He advised that depending on the circumstances of the taxpayer, the Code can be a very powerful tool that a land acquisition agency can use in dealing with that landowner and possibly get a lower amount of actual acquisition dollars with the same benefit to the taxpayer. He stated that if the City wanted to restrict the usage, that a provision could be made that it only be done as a matter of last resort. C/Papen clarified that formation of the Authority would give the Authority the power of eminent domain. Mr. Edmiston answered that the Authority would have the powers of the individual cities and each individual city has the right to eminent domain. C/Papen expressed concern about the wording in that the voting member representing a City could cast a vote without going back to the entire Council for approval, which is one of her objections. She recommended that the wording be changed to read "that it would be with the approval of the member agencies, not the changes to the bylaws, and these type of issues must be approved by the majority of the member agencies, not the majority of the voting delegates." Mr. Edmiston advised that the bylaws have to be done by a unanimous vote of all member entities. C/Papen expressed concern with staff s recommendation that the Council approve it with these modifications indicating that the issues she raised are valid. Approving the JPA as written would not require the approval of the member agencies. Mr. Edmiston advised that there is no authority either sought or conferred in this document for any kind of levy or taxation. C/Papen commented on Section 5, page 2 that says "that the authority shall be governed by a Board constituted pursuant to the agreement" and continuing in another section "that they have all the powers of the authority as outlined in the Code" and she questioned what was in that Code specifically to give them the power of eminent domain and taxation. Mr. Edmiston advised that there are two issues and an amendment could be included which would say "there is no power of taxation or no power to levy fees" and that is an accurate statement of the law. He stated that in regard to the power of eminent domain, since that is a mutual power of all of the cities, there is power of eminent DECEMBER 6, 1994 PAGE 14 domain in this JPA and it is important to have that power. C/Werner asked if he agreed that eminent domain would not be exercised in any one of the member cities without the consent of that jurisdiction's decision-making board. Mr. Edmiston advised that the more appropriate way would be rather than having to have an affirmative vote to do it, there would be a time period in which you could object to the action and it would block such an action. ICA/Montgomery advised that this would work with the Code section. C/Papen asked that the conditions be provided in writing as an addendum because the City's joining would be conditional on those changes being approved by all the member agencies and if they did not approve these changes, then the City would not join. ICA/Montgomery asked if the provisions would be placed in the basic document or would it need to be a special addendum for the City. Mr. Edmiston advised that every jurisdiction would like to be treated equal so the provisions that apply to the City would also apply to the other jurisdictions. He recommended that an addendum be narrated with the changes that the Council would like and the very explicit statement that there is not power to tax. Don Schad, 1824 Shaded Wood Rd., thanked the Council for its support in preserving the City's natural resources and asked that the City join the JPA. Max Maxwell, 3211 Bent Twig Ln., also stated that he was in support of Mr. Schad and Mr. Edmiston. Gary Neely, Canoe Cove, asked what kind of monies are being spent to be involved with the JPA --including staff time and attorney time and requested that these costs be tracked. He stated that he agrees with C/Papen that the Council needs to take responsibility in the area of eminent domain and requested that the City not give up that power to anyone unreachable through recall. C/Werner advised that it would cost the City $500 a year with additional monies going out for staff. Continued to December 20, 1994. 9. NEW BUSINESS: 9.1 LETTER IN SUPPORT OF MAXIMUM ALLOWABLE SENTENCE FOR THE SHADED WOOD ROAD RAPISTS - C/Werner asked for Council consent to send DECEMBER 6, 1994 PAGE 15 a letter to the Superior Court Judge asking for the maximum prison term allowable for the Shaded Wood Rapists. C/Harmony moved, C/Ansari seconded to approve a letter to be sent to the Superior Court Judge in support of the maximum allowable sentence for the Shaded Wood Rapists. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, Papen, Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.3 TRANSIT OPPORTUNITIES - What are the eligible, conditionally eligible and ineligible uses of Prop. A and Prop. C Local Return Funds. What projects are currently being funded by Prop. A. and C. funds. What are the available transportation opportunities that the City could consider. Continued to December 20, 1994 9.3.1 PARATRANSIT SERVICES FOR FISCAL YEAR 1994-95 - C/Miller moved, C/Harmony seconded to approve the contract with Los Angeles County for Paratransit Services for FY 1994-95. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Papen, Miller, Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.4 REQUEST TO PROVIDE RECYCLING SERVICES - DALTON ENTERPRISES, INC. - Continued to December 20, 1994. 10. ANNOUNCEMENTS: None 11. CLOSED SESSION: May convene to consider: Matters of pending litigation (G.C. 54956.9), Personnel (G.C. 54957.6), or purchase/sale of real property (G.C. 54956.8). Records not available for public inspection - None held. 12. ADJOURNMENT: There being no further business, IM/Wemer adjourned the meeting at 11:10 p.m. ATTEST: LYNDA BURGESS, City Clerk Mayor MINUTES OF THE CITY COUNCIL SPECIAL MEETING OF THE CITY OF DIAMOND BAR DECEMBER 19, 1994 r CALL TO ORDER: M/Wemer called the meeting to order at 6:30 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: Council Members Ansari, Harmony, Miller, Papen and Interim Mayor Werner. Also present were Terrence L. Belanger, City Manager; Michael Montgomery, Interim City Attorney; Frank Usher, Assistant City Manager; Rob Searcy, Senior Planner; George Wentz, Interim City Engineer; Bob Rose, Community Services Director and Tommye Cribbins, Deputy City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: None PUBLIC COMMENTS: Fred Scalzo, President -Elect of the D.B. Chamber of Commerce, announced that the Chamber is organizing a luncheon entitled "Showdown in Sacramento" Tuesday, December 27, 1994 at noon at the D.B. Country Club. Scheduled to be there is Republican Assembly Leader Jim Brulte, Republican Assemblyman and Senator -Elect Dick Mountjoy. Both Assemblyman Paul Horcher and Democrat Willie Brown have also been invited. Karl Rosen, representing the D.B. Chamber of Commerce, responded to comments made by C/Harmony during the last Council meeting regarding the Holiday Shuttle. He stated that the Holiday Shuttle has never been a Chamber project, that the City requested and was provided with coupons to be placed on the shuttles and that the funds for the shuttles were provided by Prop A from Sacramento. Mike Garafalo, L.A. County Public Library, Regional Administrator for the East Regional Libraries, stated that on October 14, 1994, the Board of Supervisors approved using General Fund monies to fund public libraries. Starting in January, libraries will be open 54 hours/week. $72,500 will be spent for new materials for books, magazines, CD's and so forth. He thanked the Council for supporting the library the past year. Max Maxwell, regarding Mr. Rosen's statements about the use of Prop A funds for Holiday Shuttle services, stated that taxpayer's dollars are used. Nick Anis, 1125 Bramford Ct., stated that at the last meeting, while speaking, he had been interrupted numerous times by MPT/Harmony. He further stated that MPT/Harmony had been involved in other types of behavior unbecoming to an elected official and asked that this type of behavior end. Red Calkins stated that, at the last Council Meeting, he had been treated badly by MPT/Harmony. DECEMBER 19, 1994 PAGE 2 George Barrett, 1884 Shaded Wood Rd., stated that he felt that MPT/Harmony had been verbally attacked by some of the speakers this evening and asked M/Werner to give his definition of a "personal attack." Scott Lovell, 21343 Cold Spring Ln., asked C/Harmony to resign as a Council Member. He then presented C/Harmony with a "Notice of Intention to Circulate a Recall Petition." He stated that he was the chairman of the committee to recall C/Harmony. 4. COUNCIL COMMENTS: C/Miller stated that at the end of the last Council meeting, he left upset with Staff because of comments made by C/Harmony regarding slurry seal work that had been done on Walnut Dr., out of the city limits. Further, he spoke with staff and found that the City did not pay for the work, nor was it billed for the work. It was an error on the part of the sub -contractor. The inspector, who is a contract inspector for the City, stated that he was responsible for the error and will accept full responsibility for the error and the contractor will bill the inspector for the amount. He stated that C/Harmony should apologize to staff for making statements in public that could be misinterpreted. C/Papen stated that at the last meeting, the Council endorsed her re-election as the alternate to the Board of Directors to the L.A. Metropolitan Transportation Authority, representing the San Gabriel Valley. The election was successful and she received 94 out of 94 possible votes. She further stated that certain parties tried to raid the $40 million set aside for the HOV project on the 60 freeway. Because of her involvement on the Board she was able to find this out on Monday, and with heavy lobbying by staff and support of Larry Walker, San Bernardino County, and other parties, they were able to stop the raid of monies. She thanked the Council for their support and wished all a happy and safe holiday season. C/Harmony wished a Merry Christmas to all. He spoke about Prop A funds and the fact that the Holiday Shuttle costs $57.00 per passenger, which he didn't feel was any benefit to anyone. He further stated that in regard to the paving of Walnut Ave., he was the one who brought it to the attention of the Engineering staff and made comments at the last meeting, to remind staff to make sure that the City was not charged for the error. He asked for a schedule from staff regarding the work being done on D.B. Blvd. and when it would be open to traffic. C/Ansari stated that she was saddened by comments made by both Council Members and members of the audience, and hoped that the new year would bring peace to the Council so the City can move forward with the business that needs to be done. IM/Werner began by defining "Personal Attack" as being an out of control and uncivilized presentation by a member of the audience or member of the Council. He announced that the City had undertaken a program, in conjunction with Waste Management and Western Waste Industries, called "Tree Cycle." The program will operate December 26 to January 20 for recycling holiday trees. Trees will be collected by the waste haulers to be ground up and used as mulch. Further, he announced that trash pick-ups for both Mondays following Christmas and New Years would be collected on Tuesdays. He stated that both he and DECEMBER 19, 1994 PAGE 3 C/Ansari met with David Liu, Senior Engineer, to get an update on the D.B. Blvd. construction. Completion was pushed back by 30 days --specifically January 14. It was necessary due to the inclement weather; but more importantly, several natural water sources were uncovered that would cause the undermining of the roadbed, which caused the need for a geo-fiber mat, covered with 4" of soil materials that have been compacted and an additional 4" of asphalt. A final topical layering of rubberized asphalt will be placed over the entire width of the blvd. C/Miller asked that the construction not interfere with holiday services at local churches. IM/Werner asked staff to make sure that the contractors coordinate with the churches so they do not interfere with holiday services. He announced that the City -on -Line would be shut down on December 21 for the purpose of upgrading and would be down for approximately 10 days. 5. REORGANIZATION OF CITY COUNCIL: 5.1 SELECTION OF MAYOR - George Barrett, 1884 Shaded Wood Rd., stated that the Council should select a Mayor on the basis of fairness and goodwill. Since C/Harmony was the highest vote getter at the last election and that he was Mayor Pro Tem, he felt that C/Harmony should be Mayor. Red Calkins stated that he felt that C/Papen should be Mayor. Max Maxwell stated that it is obvious that the Council is split in regard to appointing a mayor, with IM/Wemer being the deciding vote, and that it is time to come to a decision and vote. C/Harmony moved, C/Ansari seconded to appoint C/Ansari as Mayor. Motion failed by the following voice vote: AYES: COUNCIL MEMBERS - Ansari, Harmony NOES: COUNCIL MEMBERS - Miller, Papen ABSTAIN: COUNCIL MEMBERS - Werner 5.2 SELECTION OF MAYOR PRO TEM - IM/Werner moved to nominate C/Ansari as Mayor Pro Tem. Motion died for lack of second. 5.3 PRESENTATION TO MAYOR GARY H. WERNER - Continued to January 3, 1995. 5.4 APPOINTMENT OF DELEGATES AND/OR ALTERNATES TO COMMISSIONS/COMMITTEES AND OTHER AGENCY BOARDS - It is customary at the time of the City Council's reorganization that the designation of delegates and alternates to a variety of commissions/committees and other agencies DECEMBER 19, 1994 PAGE 4 of consideration for change. Continued to January 3, 1995. 6. SCHEDULE OF FUTURE EVENTS: 6.1 CHRISTMAS/NEW YEAR'S HOLIDAY - City offices will be closed December 23, 1994 to December 26, 1994 and January 2, 1995 in observance of the Christmas/New Year Holidays. Offices will open December 27, 1994 and January 3, 1995 respectively. 6.2 CITY COUNCIL MEETING - January 3, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.3 CITY COUNCIL GENERAL PLAN PUBLIC HEARING - January 9, 1995 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7. CONSENT CALENDAR: C/Papen asked that Item No. 7.1.2, Minutes of October 18, 1994, be amended regarding her comment "bury the trees..." she believed that was not what was said. C/Miller moved, C/Harmony seconded to approve the Consent Calendar as presented with amendment to the Minutes of October 18, 1994. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, Papen, IM/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7.1 APPROVAL OF MINUTES: 7. 1.1 Regular meeting of October 4, 1994 - approved as submitted. 7.1.2 Regular meeting of October 18, 1994 - approved as submitted. 7.2 PLANNING COMMISSION MINUTES: 7.2.1 Regular meeting of August 8, 1994 - received and filed 7.2.2 Regular meeting of August 15, 1994 - received & filed 7.2.3 Regular meeting of August 23, 1994 - received & filed 7.2.4 Regular meeting of August 30, 1994 - received & filed 7.2.5 Regular meeting of September 12, 1994 - received & filed 7.2.6 Regular meeting of September 22, 1994 - received & filed 7.2.7 Regular meeting of September 26, 1994 - received & filed 7.2.8 Regular meeting of September 27, 1994 - received & filed 7.2.9 Regular meeting of October 17, 1994 - received & filed 7.2.10 Regular meeting of October 24, 1994 - received & filed 7.3 APPROVED VOUCHER REGISTER DATED DECEMBER 19, 1994 - in the amount of $582,481.79. DECEMBER 19, 1994 PAGE 5 7.4 RECEIVED & FILED TREASURER'S REPORT FOR MONTH OF OCTOBER, 1994. 7.5 REJECTED CLAIM FOR DAMAGES - Filed by Linda a. Keys on December 5, 1994 and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 7.6 RELEASED CASH BOND - No. 038 478230 SO for 24085 Falcons View Rd. in the amount of $3,870 and declared the obligations under the bond null and void. 7.7 APPROVED LIBRARY SERVICE ALTERNATIVES STUDY - Martha Bruske asked that the Council keep in mind that the discussion is over the L.A. County Library system and that the City should expect that the County will finance and manage their own libraries. She felt that if the City finances the Library, the County will be happy to let it. She asked the Council to use a "wait and see" attitude when considering financing. Approved the Library Service Alternatives Study to evaluate the feasibility of alternative methods for providing library services in the amount of $4,000 as the City's share in cooperation with the Cities of Claremont, LaVerne and San Dimas. The Cities of West Covina and Pomona would provide technical resources for the study. 7.8 APPROVED NOTICE OF COMPLETION FOR 1994-95 SLURRY SEAL IMPROVEMENT PROJECT -AREA 5 - Accepted the work performed by California Pavement Maintenance Corp., Inc. and authorized the City Clerk to file the Notice Of Completion. 8. PUBLIC HEARINGS: None 10. NEW BUSINESS: 10.1 TRANSIT OPPORTUNITIES - ACM/Usher reported that staff conducted a study of eligible types of programs under Props A and C. Funds from Props A and C are provided from sales taxes imposed in L.A. County. Eligible projects for Prop A funds include public transit services, fixed route and paratransit operations, capital improvements for public transit, vehicle purchase and equipment, demand management, transportation system management and fare subsidy programs. Eligible projects under Prop. C funds include operating of fixed route and paratransit, capital improvements, transit management and fare subsidy programs. The City receives $536,500 per year in Prop A funds currently and $438,150 per year in Prop C funds, for a combined total of just under $980,000 annually. He recommended development of an RFP for Dial -a -Cab services for seniors and disabled residents to replace the current Dial -a -Ride service. This would provide greater flexibility to users with less need to prepare a schedule in advance. Further, he recommended continuation of the DECEMBER 19, 1994 PAGE 6 transit subsidy program; continuation of contracts for special events transportation needs such as the Holiday Shuttle, Concerts in the Park and various excursions to be done without the purchase of buses and work with the AQMD and the Gateway Transportation Management Assn. to develop a commuter shuttle service for the Gateway Corporate Center and the office workers that work here, particularly to connect it with the Metrolink Station on Brea Canyon Rd., as well as other locations in the City. C/Harmony asked if the Dial -a -Cab service would be set up as a franchise, licensing cab companies in the City. ACM/Usher stated that the City would put out an RFP to several cab companies operating in the area for that type of service. It would be an agreement for operation of the service. C/Harmony suggested that the City take advantage of an existing system and test it before committing for a long period of time. Also, in regard to the AQMD and Gateway Transportation Center, there was a month-long $11,000 temporary system for Metrolink. It wasn't used and cost approximately $35.00 per passenger. Asst. to CM/Butzlaff stated that the Metrolink Shuttle Service that the City averaged 24 riders/ day during the 6 -week pilot study. He felt that the AQMD and Gateway Transportation Center strongly desire to see a continuation of the service for not only those in the Gateway Center but also the Avery Dennison Building and Hartford Insurance Co. C/Harmony asked the Council to put an end to the Holiday Shuttle since after 4 years, it has proven not to work. He stated he would rather use the money for some other program. Frank Dursa stated that he was in favor of a Dial -a -Cab program and indicated he was not in favor of selling Prop A funds to other cities. Martha Bruske asked the Council to think things through carefully before the City becomes all things to all people. She would like the Council to look into other sources of funding. Max Maxwell stated that he agreed with Mrs. Bruske and that the City should not be the good guys to everybody and that the facts should be obtained before making any decisions. He also stated that he agreed with C/Harmony regarding the Holiday Shuttle service. C/Ansari stated that there are other cities with better Dial -a -Ride services --the City of Claremont spends approximately $300,000 a year. When staff did the study, this was the most cost effective way, with a figure of $8,000 a year, plus the rides. She DECEMBER 19, 1994 PAGE 7 would like to see it tried. Other cities in the area have Dial -a -Ride and Dial -a -Cab services to take care of the disabled and senior citizens but also those who wish to go out of town. The City would only take care of the disabled and seniors. C/Papen asked why San Dimas, which is smaller than D.B., spends almost $300,000 for Dial -a -Cab service but staff indicated that it will only cost D.B. $8,000. CM/Belanger stated that the number was based on actual experience annually with Dial -a -Ride. There is not an extensive ridership and Dial -a -Ride is available to senior citizens and the disabled. It is estimated that 1,200 people would utilize the program. If those numbers are used, based on $7.50 fare, with about $1.00 riding the Dial -a -Cab, the cost will be approximately $8,000 for 1,200 people. Dial -a -Cab is a much more desirable way of transportation, so the numbers may go up. CM/Belanger stated that San Dimas provides a taxicab service for every citizen in town which has been around along enough to have a very high ridership. In response to IM/Wemer, CM/Belanger stated that it may happen here; however, at this time staff cannot estimate what it might be. This type of service is certainly going to lead to a greater ridership, but without experience, there is no way of knowing what it will be. Following discussion, C/Miller moved, C/Ansari seconded to develop an Request for Proposal for Dial -a -Cab services. With a unanimous voice vote, motion carried. 10.2 REQUEST TO PROVIDE RECYCLING SERVICE - Asst. to CMButzlaff stated that the AQMD requested approval of a discretionary permit to Dalton Enterprises, which is a broker of secondary paper and metals in Anaheim. Dalton currently services 3,000 companies in So. Calif. and, unlike most waste haulers, pays these companies for their recyclables but does not charge for the bins or for the service provided. Currently, the AQMD is paying $140.00 per month for similar recycling services and they have expressed an interest in having services to compensate them for the types of recyclables they have. He recommended that, pursuant to Section 5e of Ordinance No. 2A(1990), the Council grant a special permit to Dalton Enterprises, with certain conditions as set forth by the City for the sole purpose of operating a recycling service in the City. In response to IM/Werner, CM/Belanger explained that what distinguishes this company from other trash haulers is that they only recycle material; they do not pick up other trash as does Western Waste and Waste Management. In response to IM/Werner, Asst. to CM/Butzlaff stated that the City will receive credit for this material. One of the conditions that the City is asking for is that they provide both monthly and annual reports on their activities within the City, which would include monthly diversion reports as to the material collected, quality of the material, what is being diverted, contamination levels it may have, etc. The City can DECEMBER 19, 1994 PAGE 8 use all the information and submit to the State for its diversion level compliance reports required next year. Following discussion, C/Miller moved, C/Harmony seconded to approve a request for recycling services to Dalton Enterprises, Inc. and directed staff to look into whether the service can be expanded in the City. Motion carried unanimously. 12. ADJOURNED TO CLOSED SESSION AT 7:55 P.M. - Conference with legal counsel - existing litigation (Subdivision (a) of Section 54956.9) - David L. Eskridge, et al., v. City of Diamond Bar, et al - Case No. CV -94-6822 HLH(JRx). ICA/Montgomery stated that the reason for going to Executive Session is pending litigation to discuss the possible settlement of the case of Eskridge v. the City. RECONVENE FROM CLOSED SESSION - IM/Werner reconvened the meeting from Closed Session at 8:15 p.m. No action taken. 9. OLD BUSINESS: 9.1 MEMBERSHIP IN THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY - CM/Belanger stated that at the last meeting, the Council discussed the proposed Joint Exercise of Powers Agreement between several public agencies and quasi -public agencies in an effort to form the Whittier/Puente Hills Wildlife Corridor. The Council expressed to representatives from the Santa Ana Mountain Conservancy changes to the proposed JPA. In conjunction with the City Attorney, staff worked on language changes that seemed to accommodate the concerns which were faxed to the Conservancy. The changes were incorporated into a draft document that was presented to other proposed members of the Corridor for comment. He recommended that the Council favorably consider becoming a member of this Conservancy. C/Papen stated that on Page 1, Item 1.2, under Purpose, of the draft regarding acquisition of land says that if the Authority proceeds with eminent domain, that the Council, upon receiving written notice, would have 30 days to adopt a Resolution nullifying acquisition of any property within their jurisdiction that the Authority proposes to condemn. She asked if it meant city boundary or sphere of influence. ICA/Montgomery stated it meant city boundary. C/Papen stated that she thought that the whole wildlife corridor would be outside the city's boundaries. It would not include any land within a city's boundaries. ICA/Montgomery stated that it would have to include land within cities, because the cities touch each other and the corridor strattles down through the cities. What Council requested was a provision that if the Authority wanted to condemn any DECEMBER 19, 1994 PAGE 9 property within the City limits, and the Council didn't want that property condemned, the Council could adopt a resolution nullifying that and the property would not be condemned. Council also asked that they not have levy or taxation power, which was also put into the document, except for allowing a separately affected city to do its own assessment district if needed. This is a veto power of condemnation by the Authority within the City of D.B. as it applies to this jurisdiction. C/Miller stated that he felt, by approving the Authority, the City would be giving an agency outside of the City authority to condemn property in the City. ICA/Montgomery stated that they had that authority before, what has been done has given a veto of that Authority. Discussion ensued regarding condemnation of property and it was stated by both C/Miller and ICA/Montgomery that, by joining the Conservancy, the City would give the Authority the right of condemnation in the City. If the City does not join, then the Authority has no right. C/Miller stated that he could not agree to joining the Authority. C/Papen asked who would give the right to the JPA to take land in the sphere of influence if no one has the control over the land. Joe Edmunson, of the Wildlife Conservancy and the Santa Monica Conservancy stated that there is a section in the Government Code allowing unincorporated areas extra territorial acquisition for park and open space purposes. It also gives power over extra territorial ordinances. That section is the one the City needs to be concerned about. It's not clear that the boundary would include the City, at this point it is only theoretical possibility. Further, that if the City doesn't join, and in the sphere of influence there is an action that is proposed to be taken by the other jurisdictions, the City would not even have a formal say in that action. The City's membership is a way of making sure that the City is heard by this Authority. C/Papen thanked staff for addressing her concerns; however, one area that was not addressed was that the bylaws could be changed by a vote of the member agencies, not a vote of the delegate. Mr. Edmunson stated that it had been addressed on Page 8, Item 21.0, "This provision of this agreement shall be amended solely upon the adoption of a resolution to amend by each party to the agreement." C/Papen stated that she had asked a month ago that the parties in the sphere of influence be notified; however, to her knowledge, none of them were. DECEMBER 19, 1994 PAGE 10 IM/Werner stated that there are no boundaries proposed either in the City or in the sphere, all that was represented was a map identifying a possible location. C/Papen suggested that maybe a map should be provided before proceeding. IM/Werner stated that the reason it is being proposed now and the Authority is being formed now, is so that the representatives of each of the participating cities could have a voice in the establishment of the boundary. Following discussion, IM/Werner asked Mr. Edmunson if there was some wording that could be used stating that eminent domain would proceed only in those situations of a "friendly" condemnation. Mr. Edmunson stated that it couldn't be done because the theory behind it encourages people to settle, as opposed to going into lawsuits and would cause problems with tax laws. The Authority is already in place --the cities of La Habra Heights, Brea and Whittier adopted the agreement and met last week. C/Harmony stated that he was in favor of the agreement and believed it should be approved. Don Schad, President of the Tonner Canyon Wilderness Conservancy, stated that he was in favor of the agreement. Max Maxwell also stated that he was in favor of the Agreement. Gary Neely, Canoe Cove Dr., felt that there was no reason why wording such as "the Council will take a positive action to approve any eminent domain," and not be put on notice that the City has 30 days to act. He suggested that the first paragraph be modified to require a positive act by the Council before any eminent domain through a joint powers agreement. C/Miller stated that he opposed the agreement if the Council is going to pass the authority of eminent domain to another agency instead of taking it on as a Council. IM/Werner asked Mr. Edmunson if there was wording that would accomplish the Council's objective. Mr. Edmunson stated that the problem is that the other jurisdictions don't want to do it that way and since the wording has to be identical throughout all the jurisdictions, you would have a situation where defacto, the City would not have joined the Conservation Authority. ICA/Montgomery suggested that if the Agreement was approved as is, then the Council could adopt an ordinance or resolution instructing the City Manager or the DECEMBER 19, 1994 PAGE 11 City Attorney to immediately send a Notice of Rejection upon receiving the 30 day notice and set a public hearing before the Council to determine whether or not that Notice of Rejection should be recalled or rescinded. It would not affect the Authority's bylaws and there would be an automatic denial procedure that would have to be reversed by an affirmative decision. Following discussion, staff was directed to come back January 3, 1995 with an Ordinance and Agreement. CM/Belanger asked if the Council wanted that Ordinance to come back as an urgency Ordinance. ICA/Montgomery suggested that it be an urgency ordinance so that it could go into effect when they approve the Agreement. C/Papen stated that she felt that by approving the Authority that more government is being created, creating another public agency. The Santa Monica Mountain Conservancy has been acquiring lands for years without any other governmental agencies fronting it. It seems that by forming this JPA, part of the public process that has been in effect would be eliminated. Mr. Edmunson stated that the Santa Monica Mountain Conservancy has jurisdiction ggr 1� 1`1h ham the 5g MAU InOUntains and is an agency of the state, created by the State Legislature and is not a private agency. REORGANIZATION OF CITY COUNCIL (CONT'D.) 5.1 SELECTION OF MAYOR - C/Miller moved, C/papen seconded to nominate Phyllis Papen as Mayor. Motion failed by the following vote: AYES: COUNCIL MEMBERS - Miller, Papen NOES: COUNCIL MEMBERS - Ansari, Harmony ABSTAIN: COUNCIL MEMBERS - IM/Werner C/Miller moved to nominate IM/Werner for Mayor. Motion failed for lack of a second. C/Miller moved, C/Ansari seconded to keep IM/Werner as Interim Mayor until the end of the meeting on January 3rd. C/Harmony seconded to appoint C/Ansari as C/Papen offered a substitute motion, 3, 1995. Motion carried Interim Mayor until the end of the meeting on January unanimously. maNa1r AS, None DECEMBER 19, 1994 13. ADJOURNMENT: adjourned the meeting at 9:30 p.m. ATTEST: Interim Mayor PAGE 12 There being no further business to conduct, IWWerner TOMMYE CRIBBINS, Deputy City Clerk CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HERITAGE COMMUNITY CENTER DECEMBER 15, 1994 CALL TO ORDER Chairman Goldenberg called the meeting to order at 7:15 p.m. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Chairman Goldenberg. ROLL CALL Present: Chairman Goldenberg, Vice Chairman Ruzicka, Commissioners Tye, and Medina. Commissioner Schey arrived at 7:16 p.m. Staff. Community Services Director Bob Rose Recreation Supervisor Marla Pearlman Parks and Maintenance Superintendent Don Hensley Absent: None MATTERS FROM THE AUDIENCE None MINUTES 1. Minutes of November 17, 1994. VC/Ruzicka moved to approve the minutes, seconded by C/Medina and carried 3-0. Commissioners Schey and Tye abstained. OLD BUSINESS 2. General Plan Resource Management Element CH/Goldenberg announced that the City Council would conduct a public hearing on the General Plan on 01/09/94. CH/Goldenberg selected C/Schey to represent the Page 2 Parks & Recreation Commission at the General Plan meeting. C/Schey expressed his concerns with him representing the Commission because he does not agree with a lot of the General Plan but he would be willing to represent the Parks & Recreation Commission. CSD/Rose reported that this meeting will start at 6:00 p.m. and stated that the Commission will have the opportunity to go before the City Council with comments and suggestions regarding Parks & Recreation Commission issues. CH/Goldenberg asked if any of the Commssioners had any particular concerns regarding this element of the General Plan. VC/Ruzicka commented that he was displeased with this General Plan Element in the way it was written and he does have a problem with page III -5, last paragraph, regarding the 57 freeway. He asked when this item would be brought up to the City Council for approval. C/Schey advised of the difference between a designated scenic highway and a designated corridor. He advised that the GPAC Committee designated this as a corridor to protect the land from certain kinds of development. VC/Ruzicka also commented on page 6 and asked if we could enter into an agreement with the Boys Scouts for the use of their land. Oscar Law, 2150 Pathfinder advised that this land was donated to the Boys Scouts to be untouched and undeveloped. CSD/Rose stated that it is not unusual to share land resources for recreational uses. VC/Ruzieka commented that this document does not clearly state the lack of parks and recreation facilities and expressed his concerns that the park problem doesn't stand out. C/Schey commented that this element could have addressed the recreation needs of the community a little more eloquently and would like to see a stronger wording in the strategies to meet the Parks & Recreational needs of the Community. C/Tye asked how we can meet these needs if our comments are not taken during the Page 3 January 9, 1995 meeting. CH/Goldenberg advised each of the Commissioners that they should have direct contact with the City Council and they should discuss these special needs with them. C/Schey advised that in reading the Element, it doesn't limit the Commission to the expansion of more parks, but it denotes the urgency or priority for more parks. CH/Goldenberg stated that this General Plan doesn't really have a plan for the future. CSD/Rose stated that the Parks Master Plan is much more specific and the next 20 year vision would address these issues in more detail. VC/Ruzicka asked if the Park Master Plan has a year by year plan for the development of the parks and asked if this Plan could tell us where we would want to be in the next 20 years. CSD/Rose advised that the Park Master Plan would fulfill that concern. He also advised that item III -12, 1.3.8 shows that the purpose of the Park Master Plan is to show how we plan to resolve the deficiencies, timing and funding challenges with the development of parks & recreation over the next 20 years. VC/Ruzicka asked C/Schey what his major concerns are regarding the element. C/Schey commented that he is mostly concerned with item 1.3.1 in that it doesn't address a sense of urgency. CSD/Rose advised that in the list of goals, the time line to have this item completed is within a year after the adoption of the General Plan. CH/Goldenberg reiterated that C/Schey will represent the Parks & Recreation Commission and asked if there were any issues for the next Council Meeting that needed to be put on the Agenda. C/Schey stated that he would like to provide the Council with some specific language that would create a sense of urgency in the document. Page 4 3. Pantera Park Development CSD/Rose advised that our landscape architect, Larry Ryan will make a presentation and answer questions on Pantera Park before the Planning Commission on January 9, 1995. He also advised that this is a conditional use permit that the City is applying for to build the park. Upon it's approval, the project doesn't have to go before the City Council, however staff expects to go to the City Council just to keep the Council informed. CH/Goldenberg asked if there was any unforeseeable objections. CSD/Rose advised that there is no unforeseeable objections, however there have been desires expressed to change certain recommendations, i.e., allowing for the lighting of the athletic facilities, redesigning the parking. CH/Goldenberg asked for a volunteer to represent the Commission at this meeting. VC/Ruzicka advised that he would volunteer to be the Parks & Recreation Representative. C/Tye asked who is making these changes and suggestions if the Commission already agreed on this project. CSD/Rose advised that the Parks & Recreation is basically an advisory commission. He commented that we have given our advice and now there are other people that have other responsibilities in the system that are going to look at what we're recommending from many different directions. He also advised that if this project goes forward with a lot of changes, he doesn't want to see the project get stopped with a temporary restraining order because some people were not informed of the changes being made. CH/Goldenberg stated that VC/Ruzicka would be the Parks & Recreation Commission Representative for the Planning Commission meeting on January 9, 1995 regarding Pantera Park Development. I N T E R O F F I C E M E N O R A N D U M TO: Mayor Pro Tem Werner and Councilmember Ansari FROM: Linda G. Magnuson"Accounting Manager SUBJECT: Voucher Register, February 7, 1995 DATE: February 2, 1995 Attached is the Voucher Register dated February 7, 1995. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calender. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated February 2, 1995 have been reviewed, approvod, and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DE CTIPTION AMOUNT 001 General Fund $566,951.35 112 Prop A Fund 16,110.50 115 Integrated Waste Management Fund 11,439.00 118 Air Quality Improvement Fund 497.45 125 Community Dev. Block Grant Fund 707.38 138 LLAD #38 Fund 4,538.10 139 LLAD #39 Fund 9,079.81 141 LLAD #41 Fund 21,771.03 250 CIP Fund 302,939.32 510 Self Insurance Fund 6,000.00 TOTAL ALL FUNDS $940,033.94 APPROVED BY: �J Linda G. M21golson Accounting Manager 1?i errence L. BelanaLak City Manager Eileen R. Ansari Councilmember *** City of D i a a o n d Bar *}• UTIME=09:1602/02/95 VOUCHER REGISTER DMTM.............02/07/95 VENDOR NAME VENDOR ID: ACCOUNT PROJ.TX-ND BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION --------------------------------------------------------------------------------------------------- AQMD Celebration *001-4010-2325 AT&T *001-4090-2125 AT&T *001-4090-2125 Aberra, Tseday *001-4551-2340 Accurate Landscape *001-4311-5300 *001-4313-5300 *001-4316-5300 *001-4319-5300 *001-4322-5300 *001-4325-5300 *001-4328-5300 *001-4331-5300 Accurate Landscape *001-4310-1200 *138-4538-2210 *138-4538-2210 *OOi-4310-1200 Accurate Landscape *001-4328-2210 *001-4319-2210 *001-4331-2210 AQMDCeleb 4 50207B AT&T 1 502078 AT&T 2 502078 Aberra 1 502078 Accurate 2 502078 06/20938 2 502078 02/20938 2 50207B 04/20938 2 502078 01/20938 2 502078 03/20938 2 50207B 05/20938 2 50207E 07/20938 2 502078 06/20938 Accurate 2 502078 01/2471 2 502078 01/2205 4 50207B 01/2205 4 50207B 01/2471 Accurate 2 502078 07/22078 2 502078 01/22078 2 50207B 01/2533 01/31 02/07 Board%rRetireDinnr-Paper TOTAL. ME VENDOR -------- AT & T ------- 01/31 02/07 LongDistPhneSvcs-Dec TOTAL BE VEIw-------- 01131 02/07 DecLngDistPhnSvcsBldgSfty TOTAL ME VENDOR -------- 01/31 02/07 Tuition Reieb-Fall 94 TOTAL DUE VENDOR -------- 01/31 02/07 36138 01/31 02/07 36138 01/31 02/07 36138 01/31 02/07 36138 01/31 02/07 36138 01/31 02/07 36138 01/31 02/07 36138 01/31 02/07 36138 01/31 02/07 35203 01/31 02/07 35946 01/31 02/07 35947 01/31 02/07 36006 01/31 02/07 35949 01/31 02/07 35950 01/31 02/07 36005 PAGE 1 * * PREPAID * * AMOUNT DATE CHECK -------------------------- 60.00 60.00 21.10 21.10 7.11 7.11 500.00 500.00 Jan Maint-Paul Grow Park 1,100.00 Jan Maint-Heritage Prk 750.00 Jan Maint-Maple Hill 900.00 Jan Maint Peterson Park 1,200.00 Jan Maint-Ron Reagan Prk 1,000.00 Jan Maint Starshine Prk 500.00 Jan Maint-Suritridge Prk 1,500.00 Jan Maint-Sycaeore Cyn 1,600.00 TOTAL OLE VENDOR --------) 8,550.00 MiscPrkSupplies-Restroom 597.00 IrrigationSupplies-Dist38 69.28 IrrigatimSupplies-Dist38 339.30 Paper Supplies -Parks 234.00 TOTAL DLE VENDOR --------) 1,239.58 Irrigtn Suppls-Surtridge 303.75 Irrigtn Supplies -Peterson 13.34 Turf Repair-SycaK reCyn 175.00 TOTAL DUE VENDOR --------1 492.09 ttt City of Diamond Bar ttt RUN TIME: 09:16 02/02/95 V O U C H E R R EG I S T E R OLETHRU.............02/07/95 VENDOR NAME VENOM ID: ACCMW PROJ.TX-ND BATCH PO.LINE/ND. ENTRY/OLE INVOICE DESCRIPTION ----------------------------------------------------------------------------------------------------- Accurate Landscape Accurate 1139-4539-5500 2 502076 01/2091 01/31 02/07 36488 Advanced Construction Advanced C *250-4510-6416 06895 2 50207B 01/2192A 01/31 02/07 3 Airtauch Cellular Airtouch *001-4090-2125 4 502076 02102 02/07 All City Management All City *001-4411-5531 2 50207D 01/2080A 01/31 02/07 00031 Alternative on Site AltOnSite *001-4090-2200 2 50207D 01/2541 Anderson Reconstruction AndersnMe *001-4331-2210 4 502078 01/2487 AppleOne Temporary AppleOne *001-4350-4300 2 50207B 01/2564 *001-4350-4300 8 502078 0112348 *001-4350-4300 4 502078 01/2564 *001-4350-4300 6 50207B 01/2564 Ot/31 02/07 1554 PAGE 2 * * PREPAID * * AMW DATE CHECK -------------------------- Jan Maint-Dist t39 5,920.22 TOTAL DIE VENDOR --------) 5,920.22 Medians-G1dnSrgs/Lemon 25,312.50 TOTAL DUE VENDOR --------) 25,312.50 Dec-JanCellularSwcs 55.18 TOTAL DUE VENDOR --------> 55.18 CrssingGrdSrwcs-12/25-1/7 1,139.60 TOTAL DUE VENDOR --------) 1,139.60 Typewriter Repair 89.00 TOTAL DIE VENDOR --------) 89.00 01/31 02/07 SkunkOdarRmvl-SycCynPrk 850.00 TOTAL DUE VENDOR --------> 850.00 01/31 02/07 1737188 TempSecrtrySvcs-thrul2/10 104.67 01/31 02/07 1737188 TempSocrtrySvcs-thrul2/10 360.53 01/31 02/07 1740179 TempSecrtrySvcs-thrul2/17 453.57 01/31 02/07 1750904 TempSecrtrySvcs-thrul2/19 93.04 Aramark Refreshment Aramark *001-4090-2130 2 50207E 02/2309A 01/31 02/07 345799 *001-4090-2325 2 502078 01/2309A 01/31 02/07 346717 B.Chamberlain Consulting BChamber t001 -4(M-2205 2 50207C 01/2504 01/31 02/07 10307 TOTAL DUE VENDOR --------) 1,011.81 Feb Equip Rent 29.00 Dec Meeting Supplies 67.20 TOTAL DUE VENDOR --------) 96.20 Disk Drive Maint-Recreatn 54.09 TOTAL DUE VENDOR --------) 54.09 44+ f Oiaeond Bar 4## RUM TIME: 09:16 02/02/95 City oV O U C H E R R E G I S T E R PAGE 3 DUE THRU.............02/07/95 YEW NATE VENDOR ID, 4 t PREPAID t t ACCOUNT PRDJ.TX-ND BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK --------------------------------------------------------------------------------- Bill's Lock & Safe +001-4310-1200 BillsLock 5 502070 03/2055A 01/31 02/07 60994 b Master Keys -Parks 61.35 TOTAL DUE VENDOR --------) 61.35 Boeges Sporting Goods 4001-4350-1200 Boeges 2 50207C 01/2589 01/31 02/07 00021824 Scoreboard-TthBsktbl 59.25 TOTAL DUE VENDOR --------) 59.25 Bottlemate Incorporated Bottlemate #115-4515-1200 2 50207D 01/2126 01/31 02/07 10505 Containers -Used Motor Oil 5,000.00 TOTAL DUE VENDOR --------) 5,000.00 Boys Club/San Gabriel #001-4558-5520 Vly BoysClub 2 50207C 01/2036 01131 02/07 1268 Dec Graffiti Rewval•00 TOTAL BE VENDOR --------) 535.00 Butterworth Legal 4001-4090-2320 Butterwort 2 50207F 01/2618 02/01 02/07 8963570 Publcn-LaborEmplontinCA 100.91 TOTAL DUE VENDOR --------) 100.91 CLOUT 4001-4010-2325 CLOUT 2 50207A 01/31 02/07 Gen Mtg 1127-Ans ari 12.00 02/07/95 0000025756 TOTAL PREPAID AMOUNT ----) 12.00 TOTAL DUE'VENDOR--------) 0.00 Carol Dennis 4001-4553-4000 Caroiwmi 2 50207C 01/2540 01/31 02/07 MnScrtry-Trf&Trn12/8-1/12 280.00 #001-4040-4000 2 50207C 03/2540 01/31 02/07 cc9501 MntSecrtry-CCouncl-1/9 180.00 4001-4040-4000 4 502070 03/2540 01/31 02/07 cc9501 MntSecrtry-CCouncl1/16 160.00 TOTAL DUE VENDOR --------) 620.00 Casa Obrlen's #001-4095-4265 Casa0brien 1 50207A 01/31 02/07 BusinessRetentianMtgl/25 139.21 02/07/95 0000025757 TOTAL PREPAID AMOUNT ----) 139.21 TOTAL DUE VENOM --------) 0.00 Casarez, Delia *001-3472 72 1 50207D 01/31 02/07 Refund-StatelineEic:rsim 25.00 TOTAL DUE VENDOR --------) 25.00 ttt Citof Dim and Bar ttt RUM TIFF: 091602/02/95 VOy U C H E R REGISTER PAGE 4 DUE THRU.............02/07/95 VENDOR NAFE VENDOR ID: t t PREPAID * t ACCOI)1T PROJ.TX-NO BATCH PO.LINE/NA. ENTRY/D1E INVOICE DESCRIPTION A O.KT DATE CHECK ------------------------------------------------------------------------------------------------------------------- Charles Abbott & Asc Inc CharlesAbb *115-4515-5500 2 50207C 01/2148 01/31 02/07 97-020 Oct-SolidNasteSvcs 2,904.00 *115-4515-5500 4 50207C 01/2148 01/31 02/07 97-021 Nov-Solidlaste5vcs 3,535.00 TOTAL DUE VENDOR --------) 6,439.00 Charles Abbott & Asc Inc CharlesAbb t001 -4510-M00 2 50207A 01/2486 02/02 02/07 026 *001-4510-5500 4 50207A 01/2486 02/02 02/07 026 *001-4510-5500 6 50207A 01/2486 02/02 02/07 027 *001-4510-5500 8 50207A 01/24% 02/02 02/07 028 Chavers, J. Todd ChaversJT *001-4553-4100 3 502076 Clerk of the Dist. Court C1kDistCrt *001-2110-1009 2 502076 Carunity Industries CorIndust +001-4558-5521 2 50207C 02/2060 02/01 02/07 02/01 02/07 01/31 02/07 DW Engineering DLJEingine CityEngr-NonFeeRltd-Aug 11,315.00 +001-2300-1010 t 50207D 01/31 02/07 94-s014 +001-4220-5201 2 50207D 01/2005 01/31 02/07 940-014 *001-4220-5201 4 50207D 01/2005 01/31 02/07 94r-015 *001-2300-1010 2 50207D 01/31 02/07 94s-014 Dagaapat, Bernice 1451 +001-3474 4 502078 David L Eskridge and Eskridge *510-4810-7220 1 502070 01/31 02/07 13185 01/31 02/07 CityEngr-Nonfeablatd-Jul 14,031.50 CEngr-Slurry Seal -My 1,028.75 CityEngr-NonFeeRltd-Aug 11,315.00 CityEngr-NonFeeRltd-Sept 10,933.00 TOTAL DUE VENDOR --------f 37,308.25 Trfc&Trns 1tg 1/12 40.00 TOTAL DUE VENDOR --------) 40.00 Mithholding0rder-92D"351 92.32 TOTAL DUE VOW --------> 92.32 Dec -Litter Abate Svcs 839.44 TOTAL DUE VENDOR --------) 839.44 P1anReviewSvcs-FPL95-002 67.50 InspctnSvcs-Proir to 1/10 168.00 Bldg&SftySrvcs-12/19-1/19 10,629.36 P1anRevia 6vcs-FPL95-001 90.00 TOTAL DUE VENDOR --------> 10,954.86 Recreation Refund 45.00 TOTAL DUE VENDOR --------) 45.00 Settlont-CityLog&mwit 6,000.00 TOTAL DUE VENDOR --------) 6,000.00 +++ f Diamond Bar +++ RUN TIME*- 09:1602/02/95 CiVtOy UCoHER REGISTER �' 5 DUE TFRt1.............02/07/95 VENDOR NAME VENDOR ID. - + + PREPAID + ACCOUNT PROJ.TX-NO BATCH PO.LINE/ND. ENTRY/DUE INVOICE DESCRIPTION ANOINT DATE CHECK ---------------------------------------------------------------------------------- Dewan, Lundin & Assoc. Dewar► +250-4510-6411 06495 2 50207D 01/2253 01!31 02/07-002-5 CIP-DBBIvd/Grd/BrCyn-Dec 2,520.00 TOTAL DUE VENDOR --------) 2,520.00 Diamond Bar Business Asa DBBusAssac +001-4090-2140 2 502070 01/1952B 01/31 02/07 Feb Rent Suite 190 5,707.80 1001-4090-2210 2 50207C 02/19528 01/31 02/07 Feb-CammAreaMaint-Ste190 693.00 *001-4090-2210 4 50207C 02/19528 01/31 02/07 Feb-Co■■AreaNaint-Ste100 802.00 TOTAL DUE VENDOR --------1 7,202.80 Eastman Inc. *001-4030-1200 Eastman 2 50207C 49/2088 01/31 02/07 013651112 Supplies-CMgr 41.60 *001-4040-1200 1 50207C 51/2088 01/31 02/07 013651122 Supplies-CClerk 4.83 *001-4090-1200 1 50207C 5012088 01/31 02/07 013651123 Supplies -Gen Govt 68.33 *001-4310-1200 6 50207C 52/2088 01/31 02/07 013651130 Supplies-Prkidtec 39.16 *001-4090-1200 2 50207C 57/2088 01/31 02/07 013751304 Supplies -Gen Govt 181.03 }001-4030-1200 1 50207C 48/2088 01/31 02/07 013751346 Supplies-CM9r 33.82 *001-4040-1200 2 50207C 56/2088 01/31 02/07 013751354 Supplies-CClerk 101.37 *001-4050-1200 1 50207C 58/2068 01/31 02/07 013751364 Supplies -Finance 63.46 #001-4095-1200 1 502070 55/2088 01/31 02/07 013751385 Supplies -Comm Pramotn 33.47 *001-4210-1200 1 50207C 53/2088 01/31 02/07 013751402 Supplies -Ping 133.15 *001-4510-1200 1 50207C 5412088 01/31 02/07 013751474 Supplies -Pub Mks 169.83 TOTAL DUE VENDOR --------1 870.05 Enc iso, Cesar 1453 *001-3474 1 502078 01/31 02/07 10936 Recreation Refund 40.00 TOTAL DUE VENDOR --------? 40.00 Engineering-Envirmwatl EngEnvGeal *001-2300-1012 1 50207C Esposito, Lou EspositoL *001-4553-4100 2 502076 01131 02/07 650111A-185 GeotechSvcs-EN 94-066 TOTAL DUE VENDOR -------- 02/01 02/07 Trfc&Trns Mtg 1/12 TOTAL DUE VENDOR -------- 325.00 325.00 40.00 40.00 F&A Federal Credit Union F&ACreditU *001-2110-1012 1 50207A 01/31 02/07 PPICreditUnianDeductians 2,079.75 02/07/95 0000025746 TOTAL PREPAID AMOINiT ----) 2,079.75 TOTAL DUE VENDDR--------) 0.00 ttt f Diamond Bar ttt RUCity o N TIME.' 09:16 02/02/95 V O U C H E R R E G I S T E R PAGE 6 DUE THRU.............02/07/95 VENDOR NAME VENDOR ID: # * PREPAID ACCOUNT PRDJ.T%-ND BATCH PO.LIFE/ND. ENTRT/Dl1E INVOICE DESCRIPTION AMI0l1lT DATE CHECK -------------------------------------------------------------------------------------- F&A Federal Credit Union F&ACreditU 2 50207A 01/31 02/07 PP#2CreditUnianDeductions 2,079.75 02/07/95 0000002()79 *001-2110-1012 TOTAL PREPAID AMOUNT ----) 2,079.75 TOTAL DUE VENDOR --------) 0.00 Federal Reserve Bank *001-2110-1009 FedReserve 1 50207F 02/01 02/01 Savings Band Oedctn-PP1/2 50.00 TOTAL DUE VENDOR --------) 50•DD First Interstate Bank FirstInter 01/31 02/07 Fuel -CMV 71,57 02/07/95 0000025754 *001-4030-2310 1 50207A TOTAL PREPAID AMOUNT ----) 71.57 TOTAL DUE VENDOR --------) 0.00 Foothill Transit *112-4553-5533 FoothillTr 2 502070 01/2494 01/31 02/07 3305 Jan-TrnstMsdyPrgr■ 3,173.10 *112-4553-5533 4 50207C 01/2494 01/31 02/07 3305 Jan-Trnst9lmdyPrgr■ 795•90 TOTAL DUE VENDOR --------) 3,969.00 Franchise Tax Board #001-2110-1009 FranchiseT 3 502079 02/01 02/07 Mithholdg&-der-321406690 50.00 TOTAL DUE VENDOR --------) 50.00 Franchise Tax Board *001-2110-1009 Franchiser 4 502076 02/01 02/07 Mithholdgdrder-351369068 109.9b TOTAL DUE VENDOR --------) 109.96 GTE California *001-4040-2125 GTE 1 50207C 01/31 02/07 Jan Modes Svcs 26.67 TOTAL DUE VENDOR --------) 26.67 GTE California *001-4331-2125 GTE 1 50207C 01/31 02/07 Phne Svcs-Syc Cyn Prk 54.40 TOTAL DUE VENDOR --------) 54.40 GTE California t001-4313-2125 GTE 1 50207C 01/31 02/07 Phne Svcs-HrtgPrk 54.42 TOTAL BE VENDOR --------) 54.42 +++ City of Diamond Bar +++ RLIdTIME.09,1602/02/95 VOUCHER REG1STER DLE THRU.............02/07/95 VENDOR NAME VENDOR ID: ACCO1XT PROJ.T%-NO BATCH PO.LINE/NO. ENTRYAXE INVOICE DESCRIPTION -------------------------------------------------------------------------------------- GTE California +001-4331-2125 GTE California *001-4090-2125 GTE California +118-4098-2125 GTE California *001-4440-2125 Geiger, Donna *001-4040-4000 *001-4040-4000 *001-4350-4300 +001-4040-4000 Ginwala, Luz +041-3474 GTE 2 502070 GTE 3 50207C GTE 1 50207C GTE 1 50207C GeigerD 6 50207C 01/2264 8 502070 01/2264 10 50207C 02/2264 10 50207C 01/2264 1445 3 502078 Goldenberg, Michael Goldenberg *001-4350-4100 1 50207D PAGE 7 + PREPAID * + AMOUNT DATE CHECK -------- --------------------- 01/31 02/07 GriffithCo 4 50207D 0112342A Phne Svcs-SycCyn 48.05 GeoteatileFabric-BikeLane 60,772.65 TOTAL DUE VENDOR --------) 48.05 01/31 02/07 140562 Gen Phone Svcs -Dec 2,010.12 +250-4510-6411 06495 r6 50207D 01/2342A TOTAL DUE VENDOR --------) 2,010.12 01/31 02/07 185,429.94 Phne Svcs-CtyOnLine 270.29 TOTAL DUE VENDOR --------) 270.29 01/31 02/07 HallkForem 4 50207D 01/2361 Jan Phne Svcs -Ever Prep 58.24 PinChkgSvcs-IndCreek-Dec 295.75 TOTAL DUE VENDOR --------) 58.24 01/31 02/07 09a-95003 MntSecretary-CCMtg 1/3 190.00 01/31 02/07 09a-95004 MntSecretary-CClk Mtgl/17 120.00 01/31 02/07 94085 MntSecrtry-ComSvcMtgl2/15 95.00 01/31 02/07 94086 MntSecretary-CC Mtg 12/6 180.00 TOTAL DUE VENDOR --------) 585.00 01/31 02/07 13246 Recreation Refund 45.00 TOTAL ME VENDOR --------) 45.00 01/31 02/07 Prk&RecMtgsSept/Dec-4Mtgs 160.00 TOTAL DUE VENDOR --------) 160.00 Griffith Company *250-4510-6411 06495 GriffithCo 4 50207D 0112342A 01/31 02/07 GeoteatileFabric-BikeLane 60,772.65 *250-4215-6420 09595 2 50207D 0212342A 01/31 02/07 140562 CIP Bus Pads -DB Blvd 25,375.68 +250-4510-6411 06495 r6 50207D 01/2342A 01/31 02/07 140562 CIP-Impry Grd/BrCyn-Dec 185,429.94 TOTAL WE VENDOR --------) 271,578.27 Hall & Foreman +041-4551-5223 HallkForem 4 50207D 01/2361 01/31 02/07 28998 PinChkgSvcs-IndCreek-Dec 295.75 *001-4551-5223 2 50207D 01/2382 01/31 02/07 28999 Plan Chk Svcs -Dec 331•5D TOTAL DUE VENDOR --------) 633.25 *** of Diariond Bar �+} RUN TIME: 09:16 02/02/95 City V O U C H E R R E G I S T E R PAGE 8 DUE THRU.............02/07/95 VENDOR NWE VENDOR ID: + } PREPAID ACCOUNT PROJ.TX-ND BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION xGW DATE CHECK -------------------------------------------------------------------------------------------- Han, Sarena 1454 #001-3474 5 502078 01/31 02/07 13029 Recreation Refund 45.00 TOTAL DUE VENDOR --------) 45.00 HighPoint Graphics HighPoint *001-4090-2110 2 50207D 05/2231 01/31 02/07 44909 Prtg-B/W RCPaperHusCards 19.49 *001-4090-2110 1 50207D 04/2231 01/31 02/07 44912 Prtg-ColarLogo0mCards 182.67 TOTAL DUE VENDOR --------) 202.16 Hyatt Regency Burlingame HyattBurl *001-4050-2330 3 50207D 01/2576 01/31 02/07 AccamEmplyRelatnSem-Gitmd 108.90 TOTAL DUE VENDOR --------> 108.90 Hyatt Regency Monterey HyatMonter *001-4030-2330 4 50207D 02/01 02/07 Acc=-CtYVDptltg2/22-24 946.00 TOTAL DUNE VENDOR --------> 946.00 ICMA Distribution Center ICHAl #001-4030-2320 2 50207D 01/2472 01/31 02/07 Publ-EvalFinanclCondtn b4.50 TOTAL DUE VENDOR --------> 64.50 ICMA Retirement Trust -457 ICMA #001-2110-1007 1 50207D 01/31 02/07 x•00 *001-4030-0090 1 50207D 01/31 02/07 Feb M Cont-PPL/2 Feb Mr Cantrib 4�•� #001-4030-0090 1 50207D 01/31 02/07 Feb Retire Contrb-CMgr 1,613.13 090 *001-4040-0090I 50207D 01/31 02/07 Feb Retire Contrb-CClk 476.89 #001-4050-0090 1 50207D 01/31 02/07 Feb Retire Contrb-Fin 162.25 *001-4210-0090 1 502070 01/31 02/07 Feb Retire Contrb-Ping 590.60 #001-4310-0090 1 50207D 01/31 02/07 Feb Retire Contrb-C=Svc 316.68 *001-4350-0090 1 50207D 01/31 02/07 Feb Retire Cantrb-ComSvc 1,044.01 *001-4510-0090 1 50207D 01/31 02/07 Feb Retire Contrb-Engr 1,011.40 TOTAL DUE VENDOR --------> 5,964.95 Ieap IV Systems Inc. Image4Sys 104.33 *001-4090-2100 2 50207D 02/2010 01/31 02/07 168621 Dec -Copy Charges *001-4090-2200 4 50207D 01/2010 01/31 02/07 168621 Dec -Konica Maint 100.00 TOTAL ME VOW --------) 204.33 Lpressive Screenworks Impressive *001-4350-1200 4 50207D 01/2428 01/31 02/07 Sftbl/BsktblShirts•� TOTAL DUE VENDOR --------) 385.75 *** City of D i a a o n d Bar }++ RUN TIME, 09:16 02/02/95 V O U C H E R R E. G I S T E R PAGE 9 DUE THRU.............02/07/95 VENDOR NAME VENDOR ID: * * PREPAID t ACCOUNT PROJ.TX-ND BATCH PO.LINE/RND. ENTRY/DIE INVOICE DESCRIPTION 44M DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Inland Valley Dly Bulletn IVDB *001-4040-2115 2 50207D 01/2131 01/31 02/07 017953 Pub Hrg-BidsPicnicShe ltr 46.37 *001-2300-1010 3 50207D 01/31 02/07 86417 Pub Hrg-FPL 94-027 38.94 *001-2300-1010 4 50207D 01/31 02/07 86417 Pub Hrg-FPL 94-028 38.94 *001-2300-1010 5 50207D 01/31 02/07 86417 Pub Hrg-FPL 94-029 38.94 *401-2300-1010 6 50207D 01/31 02/07 86417 Pub Hrg-FPI. 94-012 38.93 *001-2300-1010 7 50207D 01/31 02/07 99247 Pub Hrg-FPL 95-002 70.00 TOTAL DILE VENDOR --------) 272.12 - Internal Revenue Service IRS *001-4030-0085 1 50207A 01/31 02/07 Mdicare/AutDAllw-CMgrPPil 16.30 02/07/95 0000025748 TOTAL PREPAID AMOUNT ----) 16.30 TOTAL DIE VENDOR --------) 0.00 John Alden G.T. JohnAlden *001-4010-0090 1 50207D 01/31 02/07 Feb-Cafeteria-CMbr Miller 470.00 TOTAL DUE VENDOR --------) 470.00 Judicial Data Systems JudDataSys *001-4411-5405 1 50207D 01/31 02/07 Dec-Prkg Activity 193.05 }001-4411-5405 2 50207D 01/31 02/07 Dec -Review Processing 20.00 *041-4411-5405 3 50207D 01/31 02/07 Dec -Hearing Processing 8.00 TOTAL DUE VENDOR --------) 221.05 Judicial Data Systems JudDataSys *001-4411-5405 4 50207D 01/31 02/07 NDv-Prking Citation Adm 314.55 *001-4411-5405 5 50207D 01/31 02/07 Nov -Review Processing 18.00 *001-4411-5405 6 50207D 01/31 02/07 Nov -Hearing Processing 36.00 TOTAL DUE VENDOR --------) 368.55 Kens Hardware Kens *001-4316-2210 2 50207D 04/2373 01/31 02/07 16105/76573 Supplies -Maple Hill Prk 15.22 *001-4313-2210 2 50207D 03/2373 01/31 02/07 76329 Supplies-Heritge Prk 33.83 *001-4331-2210 6 50207D 09/2373 01/31 02/07 76839/76954 Supplies -Sycamore Cyn Prk 13.59 *001-4210-1200 2 50207D 01/31 02/07 77017/76940 Supplies -Planing 5.60 *001-4313-2210 4 50207D 03/2373 01/31 02/07 77150.76577 Supplies -Heritage Prk 22.04 TOTAL DUE VENDOR --------) 90.28 L.A. County -Sheriff's Dep LACSheriff *001-4411-5404 2 50207E 02/01 02/07 31582 NovSpecEvnt-CaivChapl 5,760.90 *001-4411-5404 1 50207E 02/01 02/07 31676 Dec*dvnt-CalvChapl 5,017.51 TOTAL DUE VENDOR --------) 10,778.41 *** City of Diamond Bar t** RM TIME; 09;1602/02/95 VOUCHER REG ISTER Om THRU.............02/07/95 PAGE 10 t * PREPAID * * VEM30R NAME VENDOR ID., ACCOUNT PROJ.TX-NO BATCH PO.LINE/tO. ------ ----------------------------------------------------------------------------------------------------------------------------- ENTRYA E INVOICE DESCRIPTION AMOUNT DATE CHECK L.A. County -Sheriff's Dep LACSheriff *001-4411-5401 1 50207E 02/01 02/07 31665 Nov-Helicptr Svcs 148.16 TOTAL DUE VENDOR --------) 148.16 L.A. County -Sheriff's Dep LACSheriff *001-4411-5401 2 50207E 02/01 02/07 31721 pec -Contract Svcs 310,271.47 TOTAL DUE VENDOR --------) 310,271.47 L.A.County Public Works LACPubWk tool -4510-5506 4 50207E 01/1991 02/01 02/07 95000003766 Stripdzm4tLaurl-Aug-Oct 63.59 *001-4510-5506 6 50207E 01/1991 02/01 02/07 95000003770 Sign/StripeMyn/Lyctg-Oct 471.23 *001-4510-5530 2 50207E 01/2308 02/01 02/07 95000003779 Ind Waste Svcs-0ct 1,302.89 *001-4510-M 8 50207E 01/1991 02/01 02/07 95000004489 RepaintCurb-NATSSign-Nov 116.79 *001-4510-5506 2 50207E 01/2236 02/01 02/07 95000004490 Sign/Mrking-Grand-Oct-Nov 368.54 TOTAL OM VENDOR --------> 2,323.04 L.A.County Public Works LACPubWk 1001-4510-5502 2 50207E 01/1984 02/01 02/07 95000004491 MthlyRoadInsptdipr-Nov 4,320.97 *001-4510-5502 4 50207E 01/1987 02/01 02/07 95000004494 Grading/DirtShouldrs-Nov 383.66 *001-4510-5504 2 50207E 01/1989 02/01 02/07 95000004493 Sidewlklnsp-MartwLftt 22.01 *001-4510-5530 4 50207E 01/2308 02/01 02/07 9`5000005315 Ind Waste Svcs -Dec 429.37 *001-4510-5507 2 50207E 01/2211 02/01 02/07 95010000380 TrffcSignl-Mint-Dec 1,527•" TOTAL DUE VENDOR --------) 6,684.00 L.A.County Public Works LACPubWk *001-4510-5502 b 50207E 01/1987 02/01 02/07 95000003775 Gradng/DirtShldrs-Jul/Oct 258.80 *001-4510-5502 8 50207E 01/1984 02/01 02/07 95000003771 MthlyRoadlnsptdtpr-Oct 1,664.42 *001-4510-5505 2 50207E 0111990 02/01 02/07 95000003773 Curb/Guttwfspair-Oct 1,788.36 427.38 *001-4510-5512 2 50207E 01/1992 02/01 02/07 95000003776 DrainInspectn-Oct 93.47 *001-4510-5506 *001-4510-5505 10 50207E 01/1991 4 50207E 01/1990 02/01 02/07 02/01 02/07 950000044488 95000004492 Signing/Striping-Nov PereanentCurbRepair-Nov 3,710.46 TOTAL DUE VENDOR --------> 7,942.89 L.A.County Public Works LAMN& *001-4510-5506 14 50207E 01/1991 02/01 02/07 95000003769 Stripng-CyprsOrv-Sep/Oct 253.78 #250-4510-6412 07095 2 50207E 01/2238 02/01 02/07 95000003768 Trffcleprw-DB/FtnSpr-Oct 118.65 #001-4510-5502 10 50207E 01/1986 02/01 02/07 95000003777 EeergCallouts-Oct 439.51 429,37 *001-4510-5502 14 50207E 01/1985 02/01 02/07 95000003772 RoadMaint-Oct 46.74 *001-4510-5506 12 50207E 01/1991 02/01 02/07 95000004487 Stripng-CyprsGry-Nov 179.72 *001-4510-5502 12 50207E 01/1986 02/01 02/07 95000004495 EmergCallOuts-Nov TOTAL DUE VENDOR --------> 1,467.77 +++ City of Diaoond Bar +++ PAM 11 �yTIME:09:1602/02/95 VOUCHER REGISTER DlE TNEU.............02/07/95 + + PREPAID } t VENDOR NAME VENDOR ID. NOW DATE CHECK ACCOIMT PROJ.TX-NO BATCH PO.LINE/NO. ENTRy/DUE INVOICE DESCRIPTION ------------------------------------------------------- LA County Agriculture Com LACA9ric351.28 +139-4539'2210 2 50207E 01/2538 02/01 02/07 1103H MeedAbtSvcs-lstgtr95-#39 }141-4541-5519 2 50207E 02/2538 02/01 02/07 1103M WeedllbateSvcslstgtr95-#41 11,755.72 TOTAL DUE VENDOR --------> 129107.00 Landscape West +141-4541-5500 Laverne, City of +001-3223 LandscapeW 2 50207E 01/20928 02/01 02/07 014699 LaverneCit 1 50207E League of Ca. Cities League +001-4050-2330 1 50207A League of Ca. Cities League +001-4010-2325 3 50207A League of Ca. Cities League +001-4030-2330 2 50207E Leighton and Associates Leighton }001-2300-1012 3 50207E +001-2300-1012 4 50207E +001-2300-1012 2 50207E Lewis Engraving Inc. LewisEngra #001-4095-1200 3 50207E 01/2497 Los Angeles County LACMTA +112-4553-5533 13 50207E 01/2492 Dist #41 Mnthly Maint-Dec 3,336.85 TOTAL DUE vow --------> 3,336.85 02/01 02/07 Nov-" Cites Hearings 126.00 TOTAL DUE VENDOR --------) 126.00 01/31 02/07 PERS Conf-2/15-16-Biteed 190.00 02/07/95 0004025149 TOTAL PREPAID AIQW ----) 190.00 TOTAL DUE VENDOR --------) 0.00 01/31 02/07 CtySelectnMtg 2/2 -Paper 20.00 02/07/95 0000025758 TOTAL PREPAID AMOUNT ----) 20.00 TOTAL ME VENDOR --------) 0.00 02/01 02/07 CtyMgrDptktg-2/22-24 880.00 TOTAL DUE Yom --------> 880.00 02/01 02/07 84542 ProfSvcs-Dec EN -94-064 92.50 02/01 02/07 84543 ProfSvcs-Bec EN -93-029 133.50 02/01 02/07 84544 ProfBvcs-Nov/DecEN-93-060 407.00 TOTAL DUE VENM--------) 633.00 02/01 02/07 017597 EngrvingSvcs-Tile Vetter 17.32 TOTAL DUE VENDOR --------) 17.32 02/01 02/01 11050 Jan-TrnstSubsdyPrgrs 376.00 TOTAL ME YNDOR --------1 376.00 TOTAL DUE VENDOR --------) 125.61 ttt Citof Dim and Bar +++ y RUN TIME: 09:16 02/02/95 V O U C H E R R E G I S T E R PAGE 12 ME TWAI .............02/07/95 VENDOR WE VEl (fit ID: * t PREPAID + + ACCOUNT PROJ.TX-ND 9ATCH PO.LINE/NO. --------------------------------------------------------------------------------------------------------------------------------- ENTRY/DW INVOICE DESCRIPTION AMQ>!iT DATE CHECK Main Street Tours MainStreet #001-4350-5310 2 50207E O1/2026A 02/01 02/07 21715 ParadeofLightsEtc-12/20 583.00 +112-4360-5310 2 50207E 01/2026 02/01 02/07 21716 Tra moWeLights-12/20 502.50 TOTAL DUE VENDOR --------) 1,085.50 Maintet Maintet #001-4313-2210 6 50207E 01/2537 02/01 02/07 143117 Maint Supplies-Hrtge Prk 149.39 TOTAL DUE VENDOR --------) 149.39 McKinsey, Opal McKinsey +001-2300-1002 1 50207E 02/01 02/07 Refund-SecurityDepstHrtg 200.00 TOTAL OLE VENDOR --------) 200.00 Medina, Raul MedinaR #001-4350-4100 2 50207E 02/01 02/07 PkRMtgs-9/22,11/17,12/15 120.00 TOTAL ME VENDOR --------) 120.00 Metrolink Metrolink #112-4553-5533 6 50207E 01/2493 02/01 02/07 Jan-TrnstSubsdyPrgrm 1,827.00 #112-4553-5533 8 50207E 01/2493 02/01 02/07 Jan-Trnst9ubsdyPr" 7,306.00 *112-4553-5533 10 50207E 01/2493 02/01 02/07 Jan-TrnstSubsdyPrgro-Addl 459.20 *112-4553-5533 11 50207E 01/2493 02/01 02/07 Jan-TrnstSubsdyPrw%-Add1 1,668.80 TOTAL DUE VENDOR --------) 11,263.00 Microage Microage *001-4090-2205 4 50207E 01/2505 02/01 02/07 140338 CompMaint-AntiVirus 40.00 TOTAL OLE VENDOR --------) 40.00 Mobil Mobil *001-4210-2200 2 50207E 01/2379A 02/01 02/07 3777 Tires-CodeEnfrcTruck 289.80 *001-4310-2310 2 50207E 01/2562 02/01 02/07 k6033705 Fuel-Prk&RK 23.75 *001-4310-2310 4 50207E 01/2582 02/01 02/07 k6735481 Fuel-PrkUlec 36.97 *001-4310-2310 8 50207E 01/2582 02/01 02/07 k6735540 Fuel-Prkk%c 20.45 *001-4310-2310 6 50207E 01/2582 02/01 02/07 k9204974 Fuel-Prk&Rec 20.20 TOTAL DUE VENDOR --------> 391.17 Mobil Mobil *001-4310-2200 2 50207E 01/2559 02/01 02/07 5382 Prk Truck Repairs 125.61 TOTAL DUE VENDOR --------) 125.61 ttt Cit�of Diawond Bar ttt FAM TIME' 091602/02/95 VOyU C H E R REGISTER PAGE 13 DUE TFRU.............02/07/95 VENDOR NAME VENDOR ID: * * PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DIE INVOICE DESCRIPTION AMOUNT DATE CHECK --------------------------------------------------------------------------------------------------------------------------- National Sanitary Supply NatSanitar *001-4313-2210 8 50207E 01/2563 Novak, Adeline 1456 *001-3478 3 502078 OCB Reprographics OCBReprogr *250-4310-6415 06695 2 50207E 02/2438 Ortiz, Tos OrtizTom *001-4553-4100 1 502076 PC Club PCClub *118-4098-6230 2 50207E 0112552 PC Magazine PCMagazine *001-4090-2320 3 50207E Pacific Mechanical Pacific He *001-4331-2210 8 50207F 02/2197 Payroll Transfer *001-1020 Payroll Transfer *001-1020 PayrollTr 1 50207A PayrollTr 2 50207F 02/01 02/07 9969544 Suppl-HrtgCo=Ctr 248.54 TOTAL DUE VENDOR --------) 248.54 01/31 02/07 13425 Recreation Refund 46.00 TOTAL DIE YEW --------) 46.00 02/01 02/07 950793 NapleHill-ADARetroFit 73.90 TOTAL DIE VENDOR --------) 73.90 02/01 02/07 Trf&Trns Mtg 1/12 40.00 TOTAL DUE VENDOR --------) 40.00 02/01 02/07 803609 Coop Hardw w-CntrlCrds 95.26 TOTAL ME VENDOR --------) 95.26 02101 02/07 22 Mnth Subscription 39.97 TOTAL DUE VENDOR --------) 39.97 02/01 02/07 1016186 AirConditwSvc-SycCrftk 93.00 TOTAL DIE VENDOR --------) 93.00 01/31 02/07 Payroll Transfer PPR)1 46,400.00 02/07/95 0000000001 TOTAL PREPAID ANOINT ----) 46,400.00 TOTAL DUE VENDOR --------) 0.00 02/01 02/07 Payroll Transfer-PP2 461900.00 02/07/95 0000000002 TOTAL PREPAID AMOUNT ----) 46,900.00 TOTAL DUE VENDOR --------) 0.00 *** City of Dia■ond Bar }#+ RUN TIME: 09:1602/02/95 VOUCHER REGISTER DUE THRU.............02/07/95 PAGE 14 * * PREPAID * * VENOM NAME VENDOR ID: AMOUNT DATE CHECK ACCOUNT PROJ.TX-N0 BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION ---------------------------------------------------------------------- Pomona Judicial District Pas"Dist *001-3223 2 50207E 02101 02/07 Oct-Prking Citations 1,220.00 00 *MI -3223 3 50207F 02/01 02/07 Nov-Prking Citations • TOTAL DUE VENDOR --------) 2,205.00 Pomona Valley Humane Soc. PVHS *001-4431-5403 2 50207E 01/1949 02/01 02/07 Anima1CtrlSvcs-Jan 4,514.09 TOTAL DUE VENDOR --------) 4,514.09 PostNet and Printing *001-4090-2110 PostNet 4 50207F 01/2410 02/01 02/07 950005 StationarySupplies-Envlps 73.23 TOTAL DUE VENDOR --------) 73.23 Premiere Leasing CO. *001-4350-2140 PremlereLe 2 50207E 01/1982 02/01 02/07 1367 PrtblRent-Syr-Cyn2/16-3/16 389.70 TOTAL DUE VENDOR --------) 389.70 Programmed For Success *001-4350-1200 ProgFarSuc 6 50207E 01/2585 02/01 02/07 6748 Receipts -RMS Prgrs 146.22 TOTAL DUE VENOM --------) 146.22 Prudential Service Bureau PSBI *001-2110-1004 1 54207E 02101 02/07 Feb Dental Prems 1,147.49 *001-2110-1006 1 50207F 02/01 02/07 Feb Vision Prems 350.95 TOTAL DUE VENDOR --------) 1,498.44 Public Eripl Retirement *001-2110-1008 PERS 1 50207A 01/31 02/07 PPI Retire Contrb-Emply 2,935.07 02/07/95 0000025753 *001-2110-1008 2 50207A 01/31 02/07 PPI Retire Contrb-Enplye 3,258.56 02/07/95 0000025753 TOTAL PREPAID ARM ----) 6,193.63 TOTAL DM VENDOR --------) 0.00 Public Empl Retirement PERS *001-2110-1008 3 50207E 02/01 02/07 Retire Cantrb-Emplyr PP2 3,604.09 *001-2110-1008 4 50207E 02/01 02/07 Retire Cantrb-Faplye PPZ 3,246.30 *00t-2110-1008 5 50207E 02/01 02/07 Retire Contrb-MntgwyPP2 97.57 TOTAL DUE YEW --------> 6,947.96 *tt Citof Di m and Bar ttt RiM TIME- 09: y 16 02/02/95 V O U C H E R R E G I S T E R PAGE 15 DUE THRLi.............02/07/95 VENDOR HANE VENDOR ID. * * PREPAID t t ACCMINT PROJ.TX-ND BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AST DATE CHECK ----------------------------------------------------------------------------------------------------------------- R.N.F. Inc. RHFInc *001-4412-2200 1 50207E 02/01 02/07 RJI Design RJDesign *250-4310-6415 06595 6 50207E 01/C1628A 02/01 02/07 11108 *250-4310-6415 06695 4 50207E 01/2391 02/01 02/07 11109 Robert Driver Ins Co. RobDrive *001-2300-1004 1 50207A Ruzicka, Joseph T. RuzickaJ *001-4350-4100 3 50207E San Gabriel Valley City say CM *001-4030-2325 1 50207A San Gabriel Vly Tribune SOYTribune 01/31 02/07 02/01 02/07 01/31 02/07 *041-2300-1010 8 50207F 02/01 02/07 14934 *001-2300-1010 9 50207F 02/01 02/07 14934 *001-2300-1010 10 50207F 02/01 02/07 14934 *001-2300-1010 11 50207E 02/01 02/07 14934 *001-2300-1010 12 50207E 02/01 02/07 15080 *125-4215-2115 2 50207E 01/2605 02/01 02/07 21107 *001-4040-2115 4 50207E 01/21328 02/01 02/07 44838 Santos, Maria *001-3474 Schaefer, Bonnie *001-3223 1446 2 502078 SchaeferB 4 50207F 01/31 02107 13157 ArmualCertfctn-RadarSysto 45.00 TOTAL DUE VENDOR --------> 45.00 StormDrainEstates-Par►tera 19312.00 Plans-NpldiilADARetraFit 1,492.00 TOTAL DUE VENDOR --------> 2,804.00 Oct-DecSpecEventlnsurance TOTAL PREPAID AMOUNT ----> TOTAL DME VENDOR -------- Prk&RKM 99*t-Dec 4Mtgs TOTAL WE VENDOR -------- 1/18 Gen Mtg-Belanger TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR -------- ) Pub Hrg-F94-027 Pub Hrg-FEL 94-028 Pub Hrg-FPI. 94-029 Pub Hrg-FPL 94-036 Pub Hrg-FPL 95-002 PubHrg-CDBGLegalNotice Bids Picnic Sheltr-Petrsn TOTAL DUE VENDOR --------) Recreation Refund TOTAL DIE VENDOR --------> 02/01 02/07 DW706 Prkg Citation Refund TOTAL DUE VENDOR -------- ) 400.00 02/07/95 0000025751 400.00 0.00 160.00 160.00 20.00 02/07/95 0000025747 20.00 0.00 58.88 58.88 58.88 58.88 117.76 71.04 58.88 483.20 95.00 95.00 50.00 50.00 �** iamond Dar *** RUM TIME: 09:16 02/02/95 City V O UCof DH E R R E G I S T E R PAGE 16 DUE Tw4j.............02/07/95 VENDOR NAME VENDOR ID: +� * PREPAID { ; ACCMMT PROJ.TX-IMO BATCH PO.LINE/ND. ENTRT/DlE INVOICE DESCRIPTION AMOUNT DATE CHECK -------------------------------------------------------------------------------------- Secretary of State *001-4090-2340 SecreState 1 50207A 01/31 02/07 Notary Test -T Nice 40.00 02/07/95 0000025759 TOTAL PREPAID AMOUNT ----) 40.00 TOTAL OLE VENDOR --------) 0.00 Siecke, Marren C. *250-4510-6412 07495 SieckeM 4 50207F 01/2272 02/01 02/07 3342-8 TrfcEngrSvcs-GrdAve-Dec 199.50 *250-4510-6412 07495 6 50207F 01/2272 02/01 02/07 3357-8 TrfcEngrSvcs-GrdAve-J&n 332.50 TOTAL DUE VENDOR --------) 532.00 Simpler Life Emergency *001-4440-1200 SimpleLife 2 50207E 0112360 02/01 02/07 9636 Supplies-EOC-Emer" 1,552.39 TOTAL DUE VENDOR --------) 1,552.39 Southern Ca Gas Co *001-4313-2126 SoCaGaS 1 50207E 02/01 02/07 Gas Svcs-Fhtge Prk 504.19 TOTAL DUE VENDOR --------) 504.19 Southern Ca. Bindery *001-4095-2120 SoCaBindry 2 50207F 01/2111 02/01 02/07 11592 Mrsletter Mailing-Fall94 242.50 TOTAL DUE VENDOR --------) 242.50 Southern Ca. Edison *001-4510-2126 SoCaEdison 1 50207F 02/01 02/07 ElectricSvcs-TrafficCntrl 115.12 TOTAL DUE VENDOR --------) 115.12 Standard Insurance of Ore Standard In 459.00 *001-2110-1005 1 50207F 02/01 02/07 Feb -Life Ins Preens TOTAL DILE VEND0s--------) 459.00 State Compensation Ins Fd StateCamp *001-2110-1011 1 50207A 01/31 02/07 Qct-DecMcrsCompPrrem-8810 2,460.78 02/07/95 0000025755 *001-2110-1011 2 50207A 01/31 02/07 Qct-DecMcrsCompPrem-9410 2,552.13 02/07/95 0000015755 TOTAL PREPAID AMOUNT ----) 5,012.91 TOTAL DUE VENDOR --------) 0.00 The Planning Center *118-4098-4000 P1n9center 2 50207F 01/2273 02/01 02/07 19071 ProfSvcs-CNP-Dec 131.90 TOTAL DUE VENDOR --------) 131.90 *** City of Diamond Bar **t RUN TIME. 091602/02/95 VOUCHER REGISTER DUE THfRU.............02/07/95 PAGE 17 VENDOR NAME VE110 ID: * * PREPAID * * ACCOUNT PROJ.TX-NO BATCH PO.LINE/ND. ENTRY/DUE INVOICE DESCRIPTION NOW W DATE DM ------------------------------------------------------------------------------------------------------------------------------------ The Top Shelf TopShelf *001-2300-1013 1 502076 02/01 02/07 Refund-TeepSignDeposit 100.00 TOTAL ME VENDOR --------! 100.00 Thomas Bigbie & Smith TUwaasByrn *001-4050-4010 2 502076 01/2560 Thomas Vetter Retireeent ToWetter *001-4010-2325 1 50207A *001-4030-2325 2 50207A Towne Center Travel TowneCente *001-4050-2330 5 502075 01/2575 Tye, Steven TyeS *001-4350-4100 4 50207G Unocal Unocal *001-4210-2310 2 502076 01/2000 *001-4310-2310 9 502075 01/1940 *001-4030-2310 3 502075 01/1963 *001-4210-2310 1 502075 01/2000 Virgil's Mobil Service Virgils *001-4310-2310 11 502078 02/2285 *001-4090-2310 2 502076 0112285 02/01 02/07 2057.01 SpeckctgSvcs-TechSupport TOTAL DUE VENDOR -------- 01/31 02/07 Retire Dinner-Papen 01/31 02/07 Retire Dinner -Belanger TOTAL PREPAID AMOUNT ---- TOTAL ME VENDOR -------- 390.00 390.00 28.00 02/07/95 0000025750 28.00 02/07/95 0000025750 56.00 0.00 02/01 02/07 Airfare-Conf-Gited2/15-16 101.00 *001-4311-2126 TOTAL DUE VENDOR --------) 101.00 02/01 02/07 KUM90/22,10/26,12115 120.00 *001-4319-2126 TOTAL ME VENDOR --------) 120.00 02/01 02/07 929961 Fuel-P1ng, 22.23 02/01 02/07 929987 Fuel-Prk & Rec 19.00 02/01 02/07 930404 Fuel-Cmgr 23.64 02/01 02/07 9529999 Fuel -Ping 21.38 TOTAL DUE VENDOR --------) 86.25 02/01 02/07 Fuel -Comm Svcs 32.33 02/01 02/07 k9204952 Fuel -Ben Govt 14.81 Walnut Vly Mater Dist MVMaterDis Mater Usage- Maple Hill *001-4311-2126 1 50207G 02/01 02/07 *001-4316-2126 1 502076 02/01 02/07 *001-4319-2126 1 50207G 02/01 02/07 *001-4328-2126 1 50207G 02/01 02/07 *001-4331-2126 1 502076 02/01 02/07 TOTAL DUE VDDOR-------- ) 47.14 Mater Usage -Paul Grow 439.26 Mater Usage- Maple Hill 441.65 Mater Usage -Peterson Prk 842.04 Mater Usage-Summitridge 1,067.58 Mater Usage-Sycaore Cyn 499.03 TOTAL DUE VENDOR --------) 3,289.56 ### Citof Diaeond Bar ### RUN TIDE: 09 y 16 02/02/95 V O U C H E R R E G I S T E R PAGE 18 DUE THRU.............02/07/95 VENDOR NNE VENDOR ID: # # PREPAID * # ACCOUNT PRDJ.TX-NO BATCH PO.LINE/ND. ENTRY/DIE INVOICE DESCRIPTION AMOUNT DATE CHECK -------------------------------------------------------------------------------------------------------------------------------- Walnut Vly Water Dist WVWaterDis #138-4538-2126 1 50207G Walnut Vly Mater Dist WVWaterDis {139-4539-2126 1 502076 Walnut Vly Water Dist WVWaterDis }001-4440-2126 1 50207G Walnut Vly Water Dist WVWaterDis #001-4313-2126 2 50207G }001-4322-2126 1 50207G #001-4325-2126 1 50207G Walnut Vly Water Dist WVWaterDis }141-4541-2126 1 502076 Walnut Vly Water Dist WVMaterDis #001-4090-2140 4 502076 0112539 Walnut Vly Mater Dist MVWaterDis }138-4538-2126 2 502076 Jiang, Daria 1452 #001-3478 2 50207B 02101 02/07 02/01 02/07 02/01 02/07 02/01 02/07 02/01 02/07 02/01 02/07 02/01 02/07 02/01 02/01 2539 02/01 02/07 01/31 02/07 12865 West Coast Arborist Inc. WCArbor #401-4558-5509 2 50207G 01/1929A 02/01 02/07 9150 #001-4558-5509 4 50207G 01/1929A 02/01 02/07 9151 #001-4558-5509 6 50207G 01/1929A 02101 02/07 9152 Water Usage -Dist #38 2,248.71 TOTAL DUE VENDOR --------) 2,248.71 Mater Usage -Dist #39 2,806.31 TOTAL DUE VENDOR --------> 2,808.31 Eaer"-ElectPwrEastgte 40.20 TOTAL DIE VENDOR --------) 40.20 Water Usage -Heritage Prk 422.74 Water Usage -Ran Reagan 665.31 Mater Usage-StarshinePrk 824.39 TOTAL DUE VENDOR --------) 1,912.44 Mater Usage -Dist #41 6,678.46 TOTAL DUE VENDOR --------) 6,678.46 AnnualRent-EastgteSite-95 100.00 TOTAL DUE VENDOR --------) 100.00 Water Usage -Dist #38 1,880.81 TOTAL DUE VENDOR --------) 1,880.81 Recreation Refund 27.00 TOTAL DUE VENDOR --------) 27.00 TreeTri■ Svcs -Ord 1/3 100.00 Tree Trio Svcs-G1dSQr1/10 200.00 Tree Trim Svcs-SycCynl/11 400.00 TOTAL DUE VENDOR --------> 700.00 City of D i a a o n d Bar }** RUN TILE: 09:16 02/02/95 V O U C H E R R E G I S T E R PAGE 19 DUE THRU.............02/07/95 YEW NATE VENDOR ID: t * PREPAID t ACCOUNT PROJ.TX-N0 BATCH PO.LINE/NO. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMT DATE CHECK West Publishing Co. WestPub *001-4090-2320 5 502076 01/2529 02/01 02/07 1995 -Inserts CA Codes 372.90 TOTAL DUE VENDOR --------) 372.90 Wong, Emily 1450 *001-3478 1 502078 01/31 02/07 12284 Recreation Refund 39.00 TOTAL DUE VENDOR --------) 39.00 ' Wright, Paul WrightP {001-4090-4000 2 502076 01/2475 02/01 02/07 Audio/Visl5vcs-CCMtgl/3,7 330.00 *001-4090-4000 4 502076 01/2475 02/01 02/07 Audio/VislSvcs-GPlnl/9,16 270.00 TOTAL DUE VENDOR --------) 600.00 YWCA of the West End YWCA *125-4215-2355 2 50207G 01/1957A 02/01 02/07 CDBGReimb-TeenPrgOct-Dec 636.34 TOTAL DIE VENDOR --------) 636.34 Yosemite Waters YosemWater *001-4310-2130 2 502076 01/2021A 02/01 02/07 Dec550270 EquipRent-Jan 12.00 TOTAL RE VENDOR -------- ) 12.00 Zellerbach Zellerbach *001-4090-1200 4 50207G 01/2578 02/01 02/07 1334411s Supplies -Copy Paper 597.54 TOTAL DUE VENDOR --------) 597.54 TOTAL PREPAID -----------) 109,631.12 TOTAL DUE ---------------) 830,402-82 TOTAL REPORT ------------) 940,033.94 fft Citof Diamond Bar taf y RUN TIME: 09:16 02/02/95 V O U C H E R R E G I S T E R PAGE i FUND SUMMARY REPORT ME TM.............02/07/95 DISBURSE G/L GJE WILL POST GJE HAS POSTED FUTURE TRANSACTIONS FUND ------------------------------------------------------------------------------------------------------- TOTAL DIRECT PAY REVERE EXPENSE REVENUE EXPENSE REVENUE EXPENSE 001 General Fund 566,951.35 120,618.25 2,788.00 443,545.10 4,538.10 138 LLAD #38 Fund 4,538.10 9,079.81 139 LLAD #39 Fund 9,079.81 302'939'32 250 C.I.P. Fund 302,939.32 11,439.00 115 Int Waste Mg■t F 11,439.00 6,000'00 510 Self Insurance F 6,000.00 16,110.50 112 Prop A -Transit F 16,110.50 497.45 118 Air Quality Imp 497.45 21,771.03 141 LLAD #41 Fund 21,771.03 707.38 125 CDBG Fund 707.38 TOTAL-------- ALL FUNDS 940,033.94 -----------_ ---------------------------------------------- 120,618.25 ------------------------ 2,788.00 816,627.69 CITY OF DIAMOND BAR / AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: February 7, 1995 REPORT DATE: February 2, 1995 FROM: Linda G. Magnuson, Accounting Manager TITLE: Treasurer's Report - December 31, 1994 SUMMARY: Submitted for Council's review and approval is the Treasurer's Statement for the month of December 1994. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Spec. (on file in City Clerk's Office) Ordinances(s) _ Other _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes_ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWE BY: Ter ence L. B anger Frank M. Usher Linda G. Mag son City Manager Assistant City Manager Accounting Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 7, 1995 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement - December 31, 1994 ISSUE STATEMENT: Per City policy, the Finance department presents the monthly Treasurer's Statement for the City Council's review and approval. RECOMMENDATION: Approve the December, 1994 Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for Council's review and approval is the Treasurer's Statement for the month of December 1994. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. PREPARED BY: Linda G. Magnuson CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT GENERAL FUND LIBRARY SERVICES FUND TRAFFIC SAFETY FUND GAS TAX FUND TRANSIT TX (PROP A) FD TRANSIT TX (PROP C) FD INTEGRATED WASTE MGT FD AIR QUALITY IMPRVMNT FD PARK FEES FUND S PARKS GRANT (PRP A) FD COM DEV BLOCK GRANT FD LANDSCAPE DIST #38 FD LANDSCAPE DIST #39 FD LANDSCAPE DIST #41 FD GRAND AV CONST FUND CAP IMPROVEMENT PRJ FD SB 821 FUND SELF INSURANCE FUND TOTALS SUMMARY OF CASH: DEMAND DEPOSITS: INVESTMENTS: December 31, 1994 $6,287,816.27 $1,216,083.14 $874,065.40 $6,629,834.01 207,000.00 207,000.00 48,870.59 8,164.82 57,035.41 2,910,626.58 102,264.14 2,176.96 (145,772.94) 2,864,940.82 872,922.03 6,118.58 24,062.03 (10,573.20) 844,405.38 1,568,141.47 (94,010.76) 1,474,130.71 45,916.65 6,782.30 6,830.66 45,868.29 60,572.05 15,588.06 6,324.30 69,835.81 354,017.96 354,017.96 (34,245.97) (220.00) (34,465.97) 27,112.50 7,832.79 (227.25) 19,052.46 128,544.45 103,968.00 29,169.35 (138,911.31) 64,431.79 (11,709.66) 37,426.20 17,537.83 8,178.71 130,216.62 48,862.80 15,265.78 163,813.64 400,935.05 575.89 400,359.16 100,338.05 389,715.46 389,715.46 100,338.05 164,373.29 164,373.29 417, 317.48 417, 317.48 $13,678,765.41 $1,545,258.04 $1 373,556.45 $0.00 $13,650,467.00 GENERAL ACCOUNT PAYROLL ACCOUNT CHANGE FUND PETTY CASH ACCOUNT TOTAL DEMAND DEPOSITS TIME CERTIFICATES COMMERCIAL PAPER LOCAL AGENCY INVESTMENT F TOTAL INVESTMENTS TOTAL CASH $208,290.43 12, 381.59 175.00 500.00 $0.00 0.00 13, 629,119.98 $221,347.02 13, 629,119.98 $13,850,467.00 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy. L.A.I.F - Effective Yield for December, 1994 5.53% There are sufficient funds available to meet the next month's financial obligations of the City. KATBLZRN BROWN STATE TREASURER STATS OF CALIFORNIA XNVESTMENT DIVISION SELECTED INVZSTMEPT DATA ANALYBZ$ OF T8E POOLED MONZY lwvZSTmZNT ACCOUNT ]PORTFOLIO (000 OMITTED) Change in DOCOMber 31, 1994 Percent From Type of Security Amount percent Previous Month Governments Bills 2,726,799 10.32 - •81 Bonds 0 0 0 Notes 6,656,458 25.18 - is Strips 1,526,795 5.78 - .04 Total Governments 10,912,052 41.28 - 1.03 Federal Agency Coupons 1,215,810 4.60 - .04 Certificates of Deposit 6,209,484 23.49 - 3.08 Bankers Acceptances 797,907 3.02 - 1..31 Repurchases 250,000 .94 + •94 Federal Agency Discount Notes 213,590 .81 0 Time Deposits 269,190 1.02 0 GNMA's 11,295 .04 0 Commercial Paper 5,816,978 22.00 + 2.29 FHLMC 47,234 .18 0 Other 0 0 0 Corporate Bonds 1,974,618 7.47 - .66 Pooled Loans ?90,491 .72 + .30 Reversed Repurchases - 1,473,597 - 5.57 - 2.59 Total, All Types 2a.435.052 �,QQ TOTAL P.0? CITY CARL WARREN & CO. Insurance Adiusters Claims Management and Administration 95 JAN 19 P11 1. 52 _�0-nccCm Dnvc Sura -400 Urai:,,c. CA 92668 NIxiP_0 B,, x 2>180 Sarva Ana, CA 92'99-6180 X714 740 '999 S00 72-6900 FA%:14)740-7992 TO: City of Diamond Bar ATTENTION: Lynda Burgess, CMC/AAE January 17, 1995 RE: Claim Liberty Mutual v. Diamond Bar Claimant Liberty Mutual insurance Company D/Event 10/30/94 Recd Y/Office 01/11/95 Our File S 81948 JMQ We have reviewed the above captioned claim and request that you take the action indicated below: [u]] CLAIM RZJSCTION: Bend a standard rejection letter to the claimant. [ ] CLAIM INSUFFICIENCY: In accordance with the telephone conversation of *.a notice of insufficiency must be mailed to the claimant no later than *, 19*. THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT OF THE ORIGINAL CLAIM IN YOUR OFFICE. DO NOT SUBMIT s "REJECTION LETTER. See Government Code Sections 910 and/or 910.2 and/or 910.4. [ ] AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to the claimant, rejecting this additional/amended claim. [ ] LATE CLAIM RESPONSE: Return the original claim material to the claimant, advising that the claim is late and`that their only recourse is to file a written "Application for Leave to Present^a Late Claim". (Retain copies in your file.) THIS MUST BE MAILED TO THE CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IDT -YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code Section 911.4 [ ] APPLICATICO REJECTION: Reject claimant's "Application for Leave to Present a Late Claim. See Government Code Section 911.8. [ ] TAKE NO ACTION: Defer any written response to the claimant pending our further advice. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. - cc: SCJPIA w/enc. TO PERSON OR DROPER'fy INSTRUCTIONS 1. Claims for death, Injury to person or tc per.onal Grcpetty inist be flled.not later than 6 mos. after the occurrence. 'Gov. Code Sec. )11.: ) 2. Claims for damages to real property mast be fEed not lata than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim before filing - 4. See page 2 for diagram upon which to kcat� place )f aox:.dent 5. This claim form must be signed on page 2 at botton-. 6. Attach separate sheets, if necessary, to give full details. SIG1 EACH SHKE,T. 7. Claim must be filed with City Clerk. (G)v. Code Sec. 915a) To: The City of Diamond Bar Name of Claimant Liberty Mutual Insurance Company Home Address of Claimant Age of Claimant (if natural person) C. tp and State I Home Telephone Number Business Address of Claimant 9.t- t- and State Business Tei phong �vumber 3633 E. Inland Empire Blvd., 5th Floor, Ontario, ',A(90 9415-9714, ext. 2307 Give address to which you desire notices or communications :o be sen: regarding Ihi cl Liberty Mutual Insurance Company, .3633 E. 1nla-nd Empire 1i1vc�.,alTEh Floor, Ontario, California, 91761 How did DAMAGE or INJURY occur? Give full particulars. My insured, Corrine Mayo, was attempting tc mace a left turn from Diamond Bar Boulevard onto Kiowa Crest. My insured saw lights change to a blinking red light and proceeded with left turn and collided with Benjamin Faustino's vehicle. V4nen did DAIIIAGE or INJURY occur? Give full particulars, date, tune of day: Damage and injury occurred on October 30, 1994 at about 5:05 p.m. at the intersection of Diamond Bar Boulevard and Kiowa Crest. Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram an reverse side of this sheet, where appropriate, give street names and addresses and measurements from landmarks: Please see attached police report taken by Diamond Bar Police Report. ' "hat particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or damage, if known: Per my investigation of this accident and review of the police report, I feel the City of Diamon Bar is partially responsible since the traffic lights were not operable. What DA: L%GE cr INJURIES do you claim resulted? Give full extent of injuries or damages claimed: To date, we have paid property damage in the amount of $4,589.02 and will be expecting a rental bill and will be resolving the bodily injury claim in the near future. What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of "Pe!'e`aiTNched check list screen for payments made to date. G;% -e ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of computation: rental bill: 56 days (11-10-94 to 1-4-95) x $35/day = $1,960 + tax (.0825) = $2,121.70 bodily injury: estimated $7,500 - $10,000 -- inj: back & neck, soft tissue injury SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Insurance payments received, :f any _ na-mes of :..surance Ccmpany: See attached Expenditures made on account of accident or ::-,;ury: (Date — Item) (A--iolazt) Attorny Copy Service - $12.50 - (Service used to obtain copy of police report) Name and address of Witnesses, Doctors and Hospitals: Witness: None. Doctors & Hospitals: No information READ CAREFULLY For all accident claims place on following diagram names of streets, inciu-ing North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle Nvhen you first saw it, and by "B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram siPned by clair :crit. FOR AUTOMOBILE ACCIDENTS 7A\ CUR FOR OTHER ACCIDENTS SIDEWALK of Claimant or person filing on his behalf giving I Typed Name: up to Cla' It, Sharon Brooks 1'.1 -ST BE i=IT..ED'-ibITH CITY CLEEI{ (OV. CME SLC. 915a) . Date rAGE O� CHECK LIST (CK) INSD MAYO,CORRINE DOL 1O/3O/94 CLAIM CLMT FAUST1NO'BENJAMIN CLAIM 3V CHECK PAYEE CHECK ISSUE NO NO AMT DATE 3O2O443O685 BENJAMIN FAUSTINO C/ 4589.O2 11/21/94 �01 22789048 ATTORNEY COPY SERVIC 12.5O 11/21/94 SP CMSP R+C R/R ST MESSAGE SCREEN ENTER SV NO AND � CMR+C STATUS STOP PRINT pEM*RKS Y SPEC CLM NO 0L660 -041O83-01 HOD STATUS O T/C PR RV R/R ID STST ST ST OO C66OBO3 V0 C66OC11 DISPLAY CORR MENU STATE OFCY10W" if { "./ - - u -� n.a....�r. rrrn.. n.,wl..�in ►...,I.�.d dnrArl - u aftllleT N T n� 7(L60 Y7,Z taA►c xnoN[ NT A cull � -/—QI/ AY CROp1MG IN CROSSWALK --- F T PWOqDWPW RERT00PeC[e" AT INTERSECTION -c 016,25 ��pc��2T CROWNG NI CRO�WAIx NOT -IYlOR - — t Y TIME oPeuLa eJOCC&NIAtDDN A pNA=/LROOUS NNATERIAL q ` trt�et/cT1oIIwITN 1� wttK AWAY RATfNOMMAY Tp S J T W T F 8 n OND p.t[ Olt PfR.r1lE - OF P ucaEcwuNL�1 7'� , a _ ISMS GLIM• aMADf TCM D� pp 0 ;TT .L --r - ARTA pwEE MST, rDOIR LAST) r - ` I �N NIP PK r1N1 n! I write M ILFIc— e i I Tw Fla ION LENT Oe A E1ttD I OTIItS Me ruta�roottt Q IlCt1+tE rJ �,.! T L EL R v[KTMP[ PARTY 4X— PARTT ccs A Gygt L SONE.. tJr� r/�r 14I 1 ` DAMAGED c� iU1� $ orate ( �tJ rj/I(r+.+K��T'vcc+1 C ( PAZ goon D T.wx "&T Pao. ON S. G►� ,PSI J. /v�1 �� rA Man NIrypAn n to Y � lkl�of, ,/ l,,wfnls T 7 b Q 1*r t^Z�-res-�s'�'M.t�rrsF PNS P/4- -- • lS RMt/ t LI Ml�t,( R MENTY►f PAR (" torZ C1 D S NO �(•�� 4 NlerFtA ►M*Y M4• O. Rip "4 .a: kAME LJ "DSM ►IIDN[ P"ONE NILrtF NRI. 13 13r.+m .« ttt MAtr ADDRESS ADORE". DAMAD90 PRO►EIRM _ PROP. - - - OWNER MOVEMENT PRECEDING 2 PRIMARY COLLISION FAqFAULT TRAFFIC CONTROL DEVICES 2 TYPE OF VEHICLE COLLISION - LIST NUMBER (6) OF PARTYt PASSENGER CAR / STATION WGON A STOPPEDr AVC SECTION VIOLAQTED :ACONTROLSFUNCTIONING- CONTROLS NOT FUNCTIONING PASSENGER CAR W /TRAILER B PROCEEDING STRAIGHT / I RAN OFF OT ROPER DRIVICCONITROL8 OBSCURED MOTORCYCLE /SCOOTER RIGHTOAD MAKING RIGHT TURN ANO CONTROLS PRESENT / FACTOR • PICKUP OR PANEL TRUCK (',OTHER THAN DRIVER' TYPE OF COLLISION PICKUP / PANEL TRUCK W / TRAILER E MAKING LEFT TURN MAKING U TURN UNKNOWN • AHEAD -ON TRUCK OR TRUCK TRACTOR TRUCK I TRUCK TRACTOR W I TKA BACKING FELL Ar4LEEP 8 SIDESWIPE SCHOOL BUS SLOWING / STOPPING REAR ENO OTHER BUS ( PASSING OTHER VEHICLE WEA (MARK t TO Z ITEMS) DSSROADIIDE BR HIDE EMERGENCY VEHICLE J CHANGING LANES CLEAR E OBJECT .J j( HIGNIWAY CONST. EouIPMENT K PARKING MANEUVER CLOUDY OVERTURNED SICYCLE IC ENTERINGIC RAINNG VEHICLE I PEDESTRIAN OTHER VE LE TU OTHER UNSAFE TURNING SNOWING H OTHER • : PEDESTRIAN XII/ONROOPPOSI/IOLANF' FOG / VISIBILITY FT. MOTORVNU/CLEINVpVEDWITN PARKED F OTHER : OLLISION MOPED MEAGINOWIND RIANTRAVELING MOTOR VEHICLE r:: R ASBOd FAGTOR(qDAYLIGHT WRONG WAYLIGHTI O a VEHGI E OM OTHER HIGHWAY MARK 110 21TEM/) 12LAYC OTTERDUSK D MOTOR VEHICLE TION VIOLATION: • DAWN DARK - STREET LIGHTS F TRAIN DARK. NO STREET LIGM MCrCLE SOBRIETY •DRUG DARK STREET LIGTRS NOT ANIRIAL 2 � N)NCTIOHING 1 ?O 2 ITEMS) (MARK TO ROADWAY SURFACE NAD NOT BEEN DRINKING bQA DRYI 1RID - UNDER INFLUENCE IB WET OTTER OB.IECT : E 1RSioN OBSCUREMENT IrD -NOT UNDER INNFL.UEMCE SNOWY . ICY JE INATTENTION lLBD •NAPAIRMENT UNKNOWN DSLIPPERY (MUDOY. OILY, ETC.) . t�N L Ad 70AFPIC C . � wa..n IYCI IIS YCE • ROADWAY CONDITKONMS) ( MARK I TO 2 REMS ) LES. DEEP RUTS ME MATERIAL ON ROADWA STRUCTION ON ROADWAY A i mMF" (REV Tlal) OPI Sat PEDESTRIAN'S ACTION EAVING RAW v.� . F N/PAIRMENT • PHYSICAL NO PEDESTRIAN INVOLVED xAjmuN IMPAIRMENT NOT KNOWN CROp1MG IN CROSSWALK WITH ROAD EDMCTIVE NOT APPLICABLE AT INTERSECTION -c EIL EQUIP• - - I SLENdrIfAT10UE0 CROWNG NI CRO�WAIx NOT SPECIAL INFORMA AT INTERSECTION UNINVOLVED VEHICLE A pNA=/LROOUS NNATERIAL pCROSRIMG • NOT Ni CROSSWALK CLARK 0 016u -A NOV. 2 1994 T TPF�_ MJJ7� Di ;`E , L 7 7, f77 1 1 L 7'j'FE UF LOSS' LIA-E,"'ll-, PUTP-LEMENT . -. E` INSP DATE 1 1 1 -'(--K--'ATI�-3N HADDID-J'S Til' !,J \Jv H'I'aFF FP' LEV I -IMFANY A D D H ES3 IS J6INLAND EMF TH-1: F' -i CITY "`-TA-,"E ONTAF-If-D ti I---1 -ONIE D 4.1 '7 - p . -. E` i"-Ti S 1 f --T TY STA. TF !{I m I Q 1= FHONE I T T C)tj Ai :f,7 Nl(i NEW Pf;R-1 F FI"=-2,FF PIA r.. r- -t P. F, =REPAII-RVAL Tj-T'.',', 1; L =PART PART I AL, PEF;--A:-- HT E-T=l-AB "A -P AL HEFLACE 1T=LAfB0R/PA7 -Al REPA II: AA=APPEARAN'CE 777 Pzj.C': A,-.1 UP=UNEELATE7 t' R E D -n!"INP-41TS 'T E �l' Z4 DDFN Dt AER: 0-1',!F OFTNTO H"2_11INC; 0-7 T I N -�E� TWC3---7'AG-E EX-H'Fi EFAFE-FLDWER STEERIN.".". TILT 37 F Lj E M C DESCR�FT T D IMP PART FRI, -j , E f; BUMPER, FE' J'E'T BUMPER , FROINJIT FEF IT NI"SH CG 9 -1 (--'(--JVEF, FRONT FUMIFE E99-71 'Dqc77A 2'41 1 L 0 09 COVER, FR(--jNT BUMFER REFINISH E i i MLD6,7R-1 -BlIFF ;'VF UFF, 7 T E & 9n, B F 0 1 MLrjf;,F'F7 F-IMPF '-"'F UFR PT E6,9ZI =754E E 0 0 7 REINF,FR(-)NT BUMPEF F- L 0 (17 REINF,FRONT BUMPER FEFINT�H E. 0 MLr)G,FRT EMPF (-!,/R L WE E69" -17E,' -:;,36E F 019 BRKT,FFn-NT EUMPFR MIG LT E69Z. 17 B 749A 01C+ BRKT,FRONT BUMPER M -1 G LT REFT NI2H 4 F 921 BRKT,FRONT BUMFEV, MITG LT INC E i-28 GRILLE ASSEMBLY E79ZKOIA 79.9 E U_-3 BRKT,GRILLlE MOUNTTIM(� IT E69 8B` 26F 4. N 973 HEADLAMPS ADDII'L LAB --R _11 T7EMQ MC -1, '-l'E_02'A(,E ALL DEALER --'-'R EXACT FART Tt KEQUIHEII i, ETR U! PART AS 1DENTIFTEED, J- R T - ALLOWANCE U D E 2 C, , 6, H J P SE, A - i �7 e PANEL N E L T, ' "T " FINAL CALCULATIONS &, ENTFT--c, uD NO Da�e 7 F.F AMF T 7"7, L C 7,7 F E H EL P7 E E F I ,N -12 F A N E A R F; T A T C) R F 1 T 4'-fh-C. -_. .=.. tj - 1 L tO F",'\ N E R? L 17; T A 7 F; T 7, LT FE. S7 Hl' L+ PANEL F ij e. 91 AD Fr"NEL UFR T REF_N A. FAILI I A" Cr E -7f-", -BLADE , ElIN-71, TNE F4,,"' E-47- - 6,.411 zD, FAN Pa D A C'E' 7 r4 T T 7 F PANEL 'NT 41E F FENIDErc. T T T 1216 C 7 FAI IEL T.11" FENDER FT REF A F.,(;NEL _f NNER FENUFF 777 T ll,,' I E i G U Ea r." r INEF F E N Dl E H 1 7 C, Ta E FFLNT T F 1 1 E, TD C"7 T P F, F"r D E H E'r -'-r;z T FE, 'FEINID FF ITPFEF T "CE E- I FFI� SDE F 7 N 974' S U SFE N S T C N ALI : GN , FFIr I U ADDINi I -'i�,_F 81 C7,1 F. 6 6, 4 T! f- "T,7PONT C2T'AF' IlL, F-619. G.A. E. BOOT,PTEFRING-' GEAR LT E69-, 1F, 40 T FND,T4E RCE, OUTER A I 41 E i ILD , F D 'll rl N F R 7 n f'. N"'V !4 JASHEF—I jk �W�. T 7 ,• E t7 is T D EL 0 T F'w: r. T �J TWI I Ti_vNF PA � , ; AFF-' T 1 T - I - 1 1- Y M; 4 INDF ii AT TI -1 F,' 'F SFT T m I "o FL END hr (7 1_7 ER GAR EX--E7;D1F tf [-if Jar— T 7 i cF=l -!'P AND MEASURE R F F 7 T M,4 t _ FRAME SIDESWA' N_ FR� T (VHF i p I M FR,4dME SACS, FRONT T t -_,I FC F 8 -- 1 1ElTk 8, HA'.RNE- ;-T7 7 MI'v 'P A _11 T7EMQ MC -1, '-l'E_02'A(,E ALL DEALER --'-'R EXACT FART Tt KEQUIHEII i, ETR U! PART AS 1DENTIFTEED, J- R T - ALLOWANCE U D E 2 C, , 6, H J P SE, A - i �7 e PANEL N E L T, ' "T " FINAL CALCULATIONS &, ENTFT--c, CD Lr0f, t �Q HER IPA, P PAINT MATE ART',':! Ti-ITA". TAX --)N� AF HFS EEFAIF HPLI Lfaluii 1-, T IMETI-'L 2-F 7EL Fi-- -FFi"ME N T �EF T I iNIT xJ22z1 LA "P-,TAL AX (DIN L,411-IR SU Blu F T REP A. T TIN I NG , TOTAL azo D E D!- IT D I 7 F Tj-.'i'7AL Is: T.Z' "AL 2-1 j FP'L El El T -f N';' F Voll NN / D' 7: 7; T-J- 7 DEV T C,7 #F,, I5 l.gHIDUR-3 WERE ADD-ZED 7,J T cz -= F,N1 LOF S S H F !.e-- IM T -�R F't IFI "Z-! N-J --1 PLEMEmrl 77 7�' T -.. z � .1 1 A . . . . . . . . . . . . EC7 I is 1, i N FIJ!Lf- P'F!--'! PLEASE SHnW F,--,TTrT7 7c CITY OF DIAMOND BAR AGENDA REPORT TO: Terrence L. Belanger, City Manager MEETING DATE: February 7, 1995 FROM: George A. Wentz, City Engineer AGENDA NO.: 6 . REPORT DATE: January 26, 19 95 TITLE: Construction of Handicap Access Ramps in Diamond Bar. SUMMARY: Under the 1994-95 Los Angeles Urban County CDBG (Community Development Block Grant) Program, $112,800 of CDBG federal funds was approved and allocated towards the installation of handicap access ramps at various locations along Diamond Bar Boulevard and Golden Springs Drive. At this time, bid specifications have been prepared. RECOMMENDATION: That the City Council adopt Resolution No. 95 -XX approving the bid specifications for the Construction of Handicap Access Ramps at various locations along Diamond Bar Boulevard and Golden Springs Drive and authorize the City Clerk to advertise the project for bids. LIST OF ATTACHMENTS:—X Staff Report X Resolution(s) — Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification X Bid Specifications (on file in City Clerk's Office) Other 1. Has the resolution, ordinance or agreement been reviewed X Yes No by the Interim City Attorney? — 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? Yes X No Which Commission? — 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Community Development Dept. & City Manager REVIEWED BY: 4Ternce L. elanger Frank 1. Usorge A. Wen z City Manager Assistant City Manager City Engineer CITY COUNCIL REPORT MEETING DATE: February 7, 1995 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Construction of Handicap Access Ramps in Diamond Bar. ISSUE STATEMENT Under the 1994-95 Los Angeles Urban County CDBG Program, $112,800 of CDBG federal funds was approved and allocated towards the construction of handicap access ramps at various locations along Diamond Bar Boulevard and Golden Springs Drive. At this time, bid specifications have been prepared. RECOMMENDATION That the City Council adopt Resolution No. 95 -XX approving the bid specifications for the Construction of Handicap Access Ramps at various locations along Diamond Bar Boulevard and Golden Springs Drive and authorize the City Clerk to advertise the project for bids. FINANCIAL SUMMARY The Engineer's estimate is approximately $100,000.00. $112,800 of CDBG federal funds has already been approved and incorporated into the FY 1994-95 budget for these handicap access ramps. BACKGROUND/DISCUSSION At the January 18, 1994 City Council meeting, the City Council approved the Community Development Block Grant Program and proposed budget for Fiscal Year 1994-95, which included $91,400 in funding for handicap access ramps at certain intersections throughout the City. At the July 19, 1994 City Council meeting, the City Council approved the City's budget for Fiscal year 1994-95 and allocated $112,800 in funding for handicap access ramps. The addition of $21,400 was the carry over funding from FY93-94. Staff has prepared the bid specifications for the construction of handicap access ramps at 42 intersections in Diamond Bar, as reflected in the attached Appendix B. A total of one hundred (100) handicap access ramps will be constructed. These specifications were reviewed and approved by the Office of Affirmative Action on January 18, 1995. The work to be performed under the specifications consists of the construction of handicap access ramps and other incidental and appurtenant work necessary for the proper construction of the contemplated improvements in the following areas:- # OF LOCATIONS Diamond Bar Boulevard 27 No. Golden Springs Drive 15 No. TOTAL 42 No. 1 PAGE 2 HANDICAP ACCESS RAMPS FEBRUARY 7, 1995 Key aspects of requirements placed upon the contractor include: * Plan and schedule to be submitted at least seven days before beginning of work. * Notification to affected agencies. * Completion of all work within sixty (60) calendar days. * Liquidated damages of $100/day for non-performance. * Compliance with C.D.B.G. requirements. * Labor compliance with Davis Bacon requirement. All customary insurance and bonds have been included. Staff has prepared a tentative schedule for the various project activities. They are as follows: Specifications to City Council February 7, 1995 for approval and authorize City Clerk to advertise for bids Bid Opening March 2, 1995 Award of Contract March 21, 1995 Notice to Proceed March 21, 1995 Start of Construction March 27, 1995 Completion of Construction June 23, 1995 Prepared By: Anne K. Garvey 2 RESOLUTION NO. 95- A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF HANDICAP ACCESS RAMPS, 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 of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the construction 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 the Construction of Handicap Access Ramps at various locations in Diamond Bar. 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 the work specified in the aforesaid plans and specifications, which said advertisement shall be in the form and content as approved by the Interim 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, 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 2nd day of March, 1995, sealed bids or proposals for the "Construction of Handicap Access Ramps at various locations in Diamond Bar." THIS IS A FEDERALLY ASSISTED CONSTRUCTION CONTRACT AND FEDERAL LABOR STANDARDS, INCLUDING THE 'DAVIS-BACON' REQUIREMENTS, WILL BE ENFORCED. IF FEDERAL AND STATE WAGE RATES ARE APPLICABLE, THEN THE HIGHER OF THE TWO WILL PREVAIL. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California 91765-4177. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Construction of Handicap Access Ramps in Diamond Bar." 1 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 rate 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 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 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 appren- ticeship 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 FJ 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 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. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or,any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 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. 3 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 (1000 of the contract price thereof, and a labor and material bond in an amount equal to one hundred (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class A and/or C-8 contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the 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. Upon written request by the bidder, copies'of the plans and specifications will be mailed when said request is accompanied with a non -reimbursable payment of $10.00 to cover the cost of mailing charges and overheads. 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 903 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California, reserves the right to reject any and all bids. 4 By order of the City Council of the City of Diamond Bar, California. Dated this seventh day of February, 1995. PASSED, APPROVED AND ADOPTED by the City Council of the City this 7th day of February, 1995. ATTEST: CITY CLERK MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the seventh day of February, 1995, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk, City of Diamond Bar California 5 APPENDIX B LIST OF WHEELCHAIR RAMPS DIAMOND BAR BOULEVARD NEW CROSSWALKS SUB - AT RAMP TOTAL LOCATION 1. Fallowfield Drive N/E -0- S/E -0- 2 2. Cherrydale Drive N/W -0- S/W -0- 2 3. Crooked Creek Drive N/W -0- S/W -0- 2 4. Cold Spring Lane 4 -4- 4 S. Sugarpine Place N/E -1- S/E -1- 2 6. Alphabeta Entrance/Exit N/W -2- S/W -2- 2 7. Pathfinder Road N/W -1- S/W -2- N/E -1- S/E -2- 4 S. Morning Canyon Road N/W -0- S/W -0- 2 9. Silver Hawk Drive S/W -0- 1 10. Kiowa Crest Drive N/W -2- S/W -2- 2 11. Acacia Hill N/W -0- S/W -0- 2 LIST,OF WHEELCHAIR RAMPS DIAMOND BAR BOULEVARD NEW CROSSWALKS SUB - AT RAMP TOTAL LOCATION 12. Maple Hill Road N/W -0- S/W -0- 2 13. Mountain Laurel Way N/E -2- S/E -2- 2 14. Quail Summit Drive N/E -1- S/E -1- 2 15. Montefino Avenue N/W -0- S/W -0- 2 16. Clear Creek Canyon Drive N/W -0- S/W -0- S/E -0- 3 17. Goldrush Drive 4 -0- 4 18. VONS CROSS LIGHT E/S -1- 1 19. VONS ENTRANCE/EXIT N/E -1- SIE -1- 2 20. R -MART ENTRANCE/EXIT N/W -1- S/W -2- 2 21. Gentle Springs Lane N/W -0- S/W -0- 2 LIST OF WHEELCHAIR RAMPS DIAMOND BAR BOULEVARD NEW CROSSWALKS SUB - AT RAMP TOTAL LOCATION 22. Palomino Drive N/E -0- SIE -0- 2 23. Sunset Crossing Road 4 -4- 4 24. Highland Valley Road S/W -2- N/E -1- S/E -2- 3 25. Solitaire Street N/E -0- S/E -0- 2 26. 1161 N.Diamond Bar Blvd. N/W -0- S/W -0- 2 27. Temple Avenue S/W -1- 1 SUBTOTAL 61 APPENDIX B LIST OF WHEELCHAIR RAMPS GOLDEN SPRINGS DRIVE NEW CROSSWALKS SUB - AT RAMP TOTAL LOCATION 1. Calbourne Drive 4 -0- 4 2. Arkley Drive N/W -0- N/E -0- 2 3. Lemon Avenue 4 -4- 4 4. Rapidview Drive S/w -0- S/E -0- 2 S. Gona Court S/W -0- S/E -0- 2 6. Brea Canyon Road 4 -4- 4 7. Adel Avenue S/W -0- S/E -0- 2 8. Raquet Club Drive S/W -0- S/E -0- 2 9. Sycamore Canyon Park S/w -0- Entrance S/E -0- 2 10. Golden Prados 4 -0- 4 11. Sabana Drive N/w -0- S/W -0- 2 LIST OF WHEELCHAIR RAMPS NEW CROSSWALKS SUB - GOLDEN SPRINGS DRIVE RAMP TOTAL AT LOCATION 12. Torito Lane NSW -0- 1 13. Sunset Crossing S/W -2 N1W -1- 2 14. High Knob 4 15. Temple Avenue S/WS/E -2 -2- 2 SUBTOTAL 39 PITY OF nIAMOND BAR AGENDA NO. AGENDA REPORT TO: Terrence L. Belanger, City Manager REPORT DATE: January 27, 1995 MEETING DATE: February 7, 1995 FROM: George A. Wentz, City Engineer TITLE: Acceptance of easement deeds for the existing traffic signal system located on Shadow Canyon Drive at Diamond Bar Boulevard. SUMMARY: The property owners of lot 1 and lot 49 of Tract No. 30289 in the Diamond Bar Country Estates have granted the City of Diamond Bar easements for maintenance of the traffic signal system located on Shadow Canyon Drive at Diamond Bar Boulevard. In order for the easement deeds to be recorded by the Los Angeles County Recorder's office, the City of Diamond Bar must approve a resolution accepting and consenting to the recordation of the easements. RECOMMENDATION: It is recommended that the City Council approve Resolution 95 -XX authorizing and directing the City Clerk, on behalf of the City of Diamond Bar, to accept the easement deeds for traffic signal maintenance purposes on Shadow Canyon Drive at Diamond Bar Boulevard. LIST OF ATTACHMENTS: X Staff Report — Public Hearing Notification X Resolution _ Bid Specifications (on file in City Clerk's Office) _Ordinances(s) X Other (Easement Deed) 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 Yes X No 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 discussed with the following affected departments: REVIEWED BY: 4Terree L. ger Frank M. Ushe City Manager Assistant City Manager C:\WP60\LINDAKAY\AGENDA-9\ShadCanD.eed mTV COUNCIL REPORT AGENDA NO. MEETING DATE: February 7, 1995 TO • Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Acceptance of easement deeds for the existing traffic signal system located on Shadow Canyon Drive at Diamond Bar Boulevard ISSUE STATEMENT: the To have the Los Angeles County's Recorder's office d ecord the of 9 of Tract1No. 30289 nth Dent deeds executed bamondnBar City of Diamond Bar and the property owners of lot Country Estates. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 95 -XX authorizing and directing the City Clerk, on behalf of the City of Diamond Bar, to accept the easement deeds for traffic signal maintenance purposes on Shadow Canyon Drive at Diamond Bar Boulevard. FINANCIAL SUMMARY: The recommended action has no impact on the City's Fiscal Year 1994-95 budget. BACKGROUND: The City of Diamond Bar was granted easements by the property owners of lot 1 and lot 49 of Tract No. 30289 (2631 Steeplechase and 2665 Steeplechase Lane) in the Diamond Bar Country Estates in order to maintain the traffic signal system on Shadow Canyon Drive. The property owners have permitted the City to ingress and egress the premises in order to maintain the traffic signal system. DISCUSSION: The City of Diamond Bar requested easements from the Diamond Bar Country Estates Association in order to be able to maintain the traffic signal system located on Shadow Canyon Drive at Diamond Bar Boulevard. The easement deeds that were granted to the City need to be accepted and recorded by the Los Angeles County Recorder's office. For recordation, d therefore, geasementsar must execute and anconsenting present to the County, a resolution accepting g to the recordation of the Prepared By: David G. Liu C: \WP60%LINDAKAY\CCR-95\ShadC-D.ced RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, AUTHORIZING AND DIRECTING THE CITY CLERK, ON BEHALF OF THE CITY OF DIAMOND BAR, TO ACCEPT THE OFFERING OF THE EASEMENT DEEDS LOCATED ON SHADOW CANYON DRIVE AT DIAMOND BAR BOULEVARD AND DIRECT THE CITY CLERK TO RECORD THE EASEMENT DEEDS A. RECITALS. (i) The traffic signals at the intersection of Shadow Canyon Drive and Diamond Bar Boulevard installed by Macadee Electrical Construction are completed in accordance with the approved plans and specifications. (ii) The property owners of lot 1 and lot 49 of Tract No. 30289 in the Diamond Bar Country Estates have offered the City of Diamond Bar easements for maintenance of the traffic signal system located on Shadow Canyon Drive at Diamond Bar Boulevard. A full, true and correct copy of which is attached to Exhibit "A". (iii) The City Engineer has reviewed, approved and recommends the acceptance of the easement deeds. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The City Council of the City of Diamond Bar hereby finds that the public health, safety and welfare will be best protected by accepting the easements for traffic signal, loop detector, striping, and signing including ingress and egress for maintenance purposes and for traffic counting purposes. 2. The City Council hereby accepts the offer of deeds of the easement set forth in Exhibit "A". 3. The City Clerk shall certify the adoption of this resolution and forthwith cause the easements to be recorded on behalf of the City and to execute any and all documents necessary or convenient to affect said recordation. 1 ADOPTED AND APPROVED this day of MAYOR , 1995. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1995, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: C:\WP60\LINDAKAY\RESO-95\ShadCanD.eed City Clerk, City of Diamond Bar 2 RECORDING REQUESTED BY ;sof CITY OF DIAMOND BAR WHEN RECORDED MAIL TO City Clerk City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, CA 91765 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE GRANTOR(S), Charles A. Alewine and Shiao Fen Alewine, husband and wife as joint tenants, hereby grant(s) to the City of Diamond Bar, a municipal corporation, an easement for the installation, operation and maintenance of traffic signals, controller devices, vehicle detector devices, traffic control signing and striping over, in, under, through, across, and along that certain real property situated in the City of Diamond Bar, County of Los Angeles, State of California, described as follows: That portion of Lot 49 of Tract No. 30289 in the City of Diamond Bar, County of Los Angeles, State of California as shown on map filed in Book 743, pages 42 through 50, .inclusive, of Maps, in the Office of County Recorder of Los Angeles County, State of California more particularly described as follows: Parcel A Being the northerly 40.00 feet of the westerly 25.00 feet of Lot 49 of said tract. Parcel B Being that portion of Lot 49 of said tract lying northwesterly of a 25 foot radius curve concave to the southeasterly, which curve is tangent to the southerly line of Parcel A hereinabove described and the westerly line of said Lot 49, excepting therefrom that portion thereof within Parcel A herein above described- it escribed_ 1t is understood that each undersigned Grantorgrants only that portion of the described land in which said Grantor has an interest. Charles A.lew'ne Owner Shiao Fen Alewin Owner l a 9-s 115,1 � 9 b DATE DATE APPROVE . Geo g A nt , ity En§iAoer DATE 1 //-19/ NOTE: Signature(s) of Grantor(s) must be notarized; Attach Acknowledgement form. r STATE OF CALIFORNIA, t(—�{ S.S. COUNTY OF 1J S e On (^l`b' "ts before me, Lu�5 a Notary Public in and for said Coun and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS andan offic' 1. Sign ur STATE OF CALIFORNIA, COUNTY OF On appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. FOR NOTARY SEAL OR STAMP ANNA LOUISE PRICE i COMM. i 967931 Z Notary Public — California LOS ANGELES COUNIV QMy CO -m- EKP;nm MAR 14.1991 } S.S. before me, a Notary Public in and for said County and State, personally FOR NOTARY SEAL OR STAMP Signature TE 16D Legal (2-94) This form is furnished by Chicago Title Company RECORDING REQUESTED BY CITY OF DIAMOND BAR WHEN RECORDED MAIL TO City Clerk City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, CA 91765 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE GRANTOR(S), Dick P. and Anne Dekreek Revocable Trust. dated 9/19/90. hereby grant(s) to the City of Diamond Bar, a municipal corporation, an easement for the installation, operation and maintenance of traffic signals, controller devices, vehicle detector devices, traffic control signing and striping over, in, under, through, across, and along that certain real property situated in the City of Diamond Bar, County of Los Angeles, State of California, described as follows: That portion of Lot 1 of Tract No. 30289 in the City of Diamond Bar, County of Los Angeles, State of California as shown on map filed in Book 743, pages 42 through 50, inclusive, of Maps, in the Office of County Recorder of Los Angeles County, State of California more particularly described as follows: Parcel A Being the northerly 44.50 feet of the southerly 52.50 feet of the westerly 125.00 feet of Lot 1 of said tract. Parcel B Being that portion of Lot 1 of said tract lying southwesterly of a 25 foot radius curve concave to the northeasterly, which curve is tangent to the northerly line of Parcel A hereinabove described and the westerly line of said Lot 1, excepting therefrom that portion thereof within Parcel A herein above described. Parcel C Being the southerly 8.00 feet of the westerly 25.00 feet of Lot 1 of said tract. I t is understood that each undersigned Grantor grants only that portion of the described land in which said Grantor has an interest. �/?By: 7 , "mac Dick P. 13ekreeK Trustee of the Dick P. and Anne Dekreek Revocable Trust, dated 9/19/90 /-2�7S� DATE By: //��� "O , fkxz—1 /'J �✓rf_�ui Anne Dekreek Trustee of the Dick P. and Anne Dekreek Revocable Trust, dated 9/19/90 DATE gf D:DATE nt , City fin ineer NOTE: Signature(s) of Grantor(s) must be notarized; Attach Acknowledgement form. s' %LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 a� State of rare 0— County of LDS &QP %S On %02 d 7 before me, UIdeI SI DATE NAME, TITL OF OF CER - E.G., JANE DOE, NOTARY PUBLIC" personally appeared b1 C%�Qrl�(I, lek� NAME(S) OF SIGNER(S) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their s�W'I JULIE L. WALTERS signature(s) on the instrument the person(s), I W COMM. # 1006613 A CL ; : Notary Public . ColitcrnlG M or the entity upon behalf of which the LOS ANGELES COUNTY My Commission Expires Oct. 3, 1997 person(s) acted, executed the instrument. WITNESS my hand and official seal. �- �!GNXbAE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR -i YPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309.71 B4 / J /,J / / / r CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. � -'e TO: Terrence L. Belanger, City Manager MEETING DATE: February 7, 1995 REPORT DATE: February 1, 1995 FROM: Kellee A. Fritzal, Administrative Assistant TITLE: REQUEST FOR PROPOSALS FOR DIAL -A -CAB SERVICES SUMMARY: At the December 9, 1994 City Council Meeting, the Council directed staff to prepare a Request for Proposals (RFP) for the provision of Dial -A -Cab service to replace the current Dial -A -Ride service. Staff conducted a review of eligible, conditionally eligible and ineligible uses of Proposition A and Proposition C Local Return Funds. As part of the review, the existing Dial -A -Ride Program was evaluated for cost effectiveness and service level. Based upon the current transportation opportunities and needs, Staff recommended that a Dial -A -Cab service for Seniors and disabled be developed and that the City discontinue the Dial -A -Ride services contracted with Los Angeles County. Staff has prepared the attached RFP for Dial -A -Cab services. RECOMMENDATION: It is recommended that the City Council authorize the dissemination of the Request for Proposals related to the Dial -A -Cab services. 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? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Public Works Department REVIEWED BY: ------------- Terrence L. Belange Frank M.`Usher7 Kellee A. Fritzal City Manager Assistant City Manager Administrative Assistant CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 7, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: REQUEST FOR PROPOSALS FOR DIAL -A -CAB SERVICES RECOMMENDATION: It is recommended that the City Council authorize the dissemination of Request for Proposals related to the Dial -A - Cab services. SUMMARY: At the December 9, 1994 City Council Meeting, the Council directed staff to prepare a Request for Proposals (RFP) for the provision of Dial -A -Cab service to replace the current Dial -A -Ride service. Staff conducted a review of eligible, conditionally eligible and ineligible uses of Proposition A and Proposition C Local Return Funds. As part of the review, the existing Dial -A -Ride Program was evaluated for cost effectiveness and service level. Based upon the current transportation opportunities and needs, Staff recommended that a Dial -A -Cab service for Seniors and disabled be developed and that the City discontinue the Dial -A -Ride services contracted with Los Angeles County. Staff has prepared the attached RFP for Dial -A -Cab services. FINANCIAL SUMMARY: The funding for this program is from Proposition A - Local Return Funds, the Dial -A -Cab program will replace the current Dial -A -Ride program conducted by Los Angeles County. BACKGROUND: Since incorporation, the City has contracted with Los Angeles County for the provision of Dial -A -Ride services to eligible seniors and persons with disabilities. The services have been offered Monday through Friday from 8:00 a.m. to 5:00 p.m., except on six major holidays. A 24 hour advance reservation is normally required to schedule riders. Diamond Bar is included in the service areas that includes Hacienda Heights and Rowland Heights as well as medical facilities in Brea, Pomona and West Covina. The fee is $0.50 per one way ride. Based upon the County's estimates, the system serviced 591 riders at a direct cost of $13,983, excluding administration. After subtracting $591 in fare box revenues this service cost the City approximately $23.66 per passenger. At the direction of the City Council, Staff prepared an overview of all Transit Opportunities within the City of Diamond Bar. After review of the Dial -A -Ride Program it was recommended that the City discuss the formation of a Dial -a -Cab program administered directly by City Staff. DISCUSSION: At the December 19, 1994 City Council Meeting, Staff was directed to prepare a Request For Proposal for the implementation of the Dial -A -Cab Service. The Council also requested that Staff address the following items: level of service, target area, fares and eligible participants. Level of Service - The Dial -A -Cab Program will be offered fifty-two weeks per year, twenty-four hours a day, including all holidays. This is a increase in the level of Dial -A -Ride service. With the Dial -A -Cab service the City is not charged per hour of operation, only when the taxicabs are providing the rides. Taraet Area - The service area will include Diamond Bar, and within a ten (10) mile radius of City limits and medical facilities in Brea, Pomona and West Covina. The proposed service area will slightly increase with the Dial -A -Cab service. Eligible Participants - The eligible participants will remain the same, eligible seniors (60 years and older) and persons with disabilities. Fares - It is recommended that the fare per one way trip be increased to $1.00 per ride. The Request for Proposals is for a one year contract (April 1, 1995 to June 30, 1996) with four one year extensions available by mutual agreement of the City and Contractor. The Dial -A -Cab program does not require capital start-up expenditures, because the proposed contractors are established taxicab operators. In San Bernardino County, the San Bernardino Transportation Authority (Omni Trans) on February 1, 1995 recommended the termination of all Dial -A -Ride services in the West End for the implementation of Dial -A -Cab service. The reason for the change was the cost effectiveness of Dial -A -Cab. Attachment - Request for Proposals 21660 EAST COPLEY DRIVE - SUITE 100 DIAMOND BAR, CA 91765-4177 909-860-2489 - FAX 909-861-3117 E.:.� February 7, 1995 To All Interested Parties The City of Diamond Bar is seeking responses from qualified firms to provide a Dial -A -Cab service to be operated for Diamond Bar eligible elderly (60 years and older) and persons with disabilities. The Dial -A -Cab services will be provided within the city limits, specific medical facilities and within a 10 mile radius of the City limits. The City currently provides Dial -A -Ride paratransit services for elderly and persons with disabilities through a contract with Los Angeles County, in 1994 this service provided 1,182 rides. Please find the enclosed scope of work and minimum operating parameters. It is the City's intention to contract with a responsible and experienced operator to provide a high quality service, free of complaints, and highly productive. The successful proposal will display a working knowledge of Dial -A -Cab systems and demonstrate a history of successful public transit operations. A prebid conference for the purpose of providing a forum for interested parties will be held: Thursday, March 2, 1995 at 10:00 a.m. City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 Attendance of the prebid conference is mandatory and failure to attend without prior excuse could render your bid non-responsive. The proposal is due not later than 5:0012.m. on March 9. 1995 at the Office of the City Clerk, 21660 E. Copley Drive, Suite 100, Diamond Bar, CA 91765. All questions concerning this RFP should be directed to Kellee Fritzal at (909) 396-5690. Sincerely, Terrence L. Belanger, City Manager CITY OF DIAMOND BAR PROPOSAL REQUIREMENTS TABLE OF CONTENTS SECTION PAGE NUMBE TITLE NUMBER SECTION I INSTRUCTION TO THE PROPOSER 2 SECTION 2 CONTENTS OF THE PROPOSAL 5 SECTION 3 PROPOSAL LETTER/CERTIFICATE OF ACCEPTANCE 7 SECTION 4 SCOPE OF WORK 9 SECTION 5 SAMPLE CONTRACT 15 SECTION 6 CONFLICT OF INTEREST CERTIFICATION 19 1 SECTION I INSTRUCTIONS TO THE PROPOSER I. PREPARATION OF PROPOSER FORM: Proposer shall be solely responsible for examining the enclosed RFP documents, including any addenda issue during the proposal period, and for informing itself with respect to any and all conditions which may in any way affect the amount or nature of the proposal, or the performance of the Services in the event Proposer is selected. No relief for error or omission will be given. II. INTERPRETATION OF RFP DOCUMENTS Proposer may request of the City in writing, prior to submission of proposal, clarification or interpretation of the RFP Documents. Where such interpretation or clarification requires a change in the RFP Documents, the City will issue an Addendum. Proposer shall acknowledge receipt of any and all addenda in its Proposal Letter. The City shall not be bound by and Proposer shall not rely on any oral interpretation or clarification of the RFP Documents. III. PREPARATION OF PROPOSAL The proposal shall be formatted in accordance with the requirements specified herein. The proposal shall include all items listed in Section 2. Proposal Letter and forms shall be executed by an authorized signatory. All proposals shall be prepared by and at the expense of the Proposer. IV. REJECTIONS OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES Unauthorized conditions, limitations, or provisos attached to a proposal will render it informal and may cause its rejections. The completed proposal forms shall be without interlineation, alterations, or erasures. Alternative proposals will not be considered unless called for. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the proposer without opening of proposals, provided that the request is in writing, has been executed by the proposer or his duly authorized representative, and is filed with the City Clerk. V. PROPOSAL BOND All proposers shall furnish a proposal bond executed by a surety company licensed to do business in the State of California. The bond shall bind the proposer to indemnify the City against all losses, not to exceed the sum of the bond, which may be occasioned by failure to consummate the contract for services. Said proposal bond shall be in the sum of 50% of 2 the proposed not to exceed contract price. A certified check or cashier's check, payable to the City of Diamond Bar, or cash may be deposited in lieu of a proposal bond. VI. RETURN OF PROPOSER'S BOND Within thirty (30) calendar days after award of proposal. the City will return the proposal bonds or all other security deposits accompanying each bond, except that of the successful proposer. The successful proposer's bond will be returned upon the signing of a contract. Concurrent with the execution of a Agreement and maintained throughout its duration, Contractor shall deposit with the Office of the City Clerk a cash deposit, irrevocable letter of credit, or other such document evidencing an irrevocable case deposit payable to City, in the amount of Five Thousand Dollars ($5,000.00), in the form approved by the City Attorney, guaranteeing Permittee's faithful performance of the terms of this Agreement. VIII. SUBMISSION OF PROPOSAL/PERIOD OF ACCEPTANCE Each proposal submitted by Proposer shall be delivered to the City at the address shown on the Letter of Invitation up to the date and time shown therein. It is the Proposer's sole responsibility to assure that its proposal is received as stipulated. In compliance with this RFP, the Proposer agrees to provide the services at the costs stipulated therein if its proposal is accepted within 90 days from the proposal due date. IX. BASIS OF AWARD City Council is not obligated to award a contract and reserves the right to reject all proposals. If City Council determines to award a contract, it is not obligated to make the award to the low proposer. Other factors will be considered by the City Council, such as evidence of satisfactory performance under other contracts, financial condition, and such other evidence as might convince City Council that any one proposal would provide the most effective, economic and reliable service to the City. The award, if given, will be given within 90 calendar days after opening proposals. X. EXECUTION OF AGREEMENT The agreement shall be signed by the successful proposer and returned with the required bonds within ten (10) days, not including Sundays and legal holidays, after the City has provided written notice that the proposal has been awarded. Failure to execute an agreement and file acceptable bonds and insurance documents as provided herein shall be just cause, at City option, for annulment of the contract award and forfeiture of the proposal bond. Should the successful proposer decline to execute a contract, City Council has the option to either reject all proposals and call for new proposals or accept one of the other proposals. In case of proposal rejection, the proposer's security of the successful bidder who declined to execute a contract, shall be forfeited to the City. XI. DEFINITION For the purposes of this Request, the following words are defined as follows: Fare - Shall mean the fare paid by the customers to the taxicab company for the ride, fares shall be set by the City. Trip - Shall mean the one direction requested of customers. Trip Charge - Shall mean the total charge for the trip taken by customers. SECTION 2 CONTENTS OF PROPOSAL I. GENERAL FORMAT OF PROPOSAL The proposal shall constitute the Proposer's plan for completing the Scope of Work. Accordingly, the Proposer should present the technical approach demonstrating a well - structured, reasonable work plan. Proposers should refine and/or expand the Scope of Work in the RFP to reflect the particular plan they would use to perform the work. Proposers shall address any problems that they envision to be associated with the work, citing specific suggestions for avoiding these problems. Proposals shall be prepared on bound 8 1/2" x 11" paper, with all text clear of binding. Six (6) copies of the proposal shall be submitted to the City. II. PROPOSAL CONTENT The Proposal shall have the following components: A. Proposal Letter (Section 3) Must be completed and executed by an authorized representative of the Proposer. B. Qualification Statement A qualification statement indicating general work experience specifically relevant to the Scope of Work. List any major projects in which your firm has participated (either in a lead or support role and state the degree of involvement). A minimum of three (3), but no more than six (6) references from current and past clients is required for review. Qualification statements shall be submitted for the Proposer, Subcontractors and Joint Venture partners. C. Work Plan/Technical Description The proposal shall include a work plan which would delineate the approach Proposer would utilize to complete the work. The plan shall demonstrate the Proposer's understanding of the scope of services. As stated previously, it should refine and/or expand scope of services to reflect how Proposer would complete the work. The work plan should include how the dial -A -Cab service would be conducted from the customer telephone request to invoicing the City. If subcontractors are utilized, the Proposer must submit a description of each firm or person and the Work to be done by each subcontractor. 5 D. Proposed Manpower Analysis The Manpower Analysis shall include information regarding proposed person hours broken down by tasks that key staff is expected to devote to the work. The plan should incorporate resumes of one page or less of the designated Project Manager and key project personnel including education, background, related experience, accomplishments and other pertinent information, and no more than two pages for the remaining information. Proposal should include an analysis of other commitments and availability for key staff. E. Price Proposal The Proposer shall submit a Not -To -Exceed Price for performing all work specified in the Scope of Work. The Proposal shall be valid for 90 calendar days from the date stipulated in the Proposal. If this offer is accepted within that time period, the Proposer agrees to furnish all services and items as stipulated in the RFP and any accompanying addenda. City Dial -A -Cab passengers shall pay a set fare per trip. Proposer would invoice the City for each trip at the municipally approved taxicab meter rate in affect at that time. All fares collected by contractor from the passengers are the property of the City. The total amount of such fares shall be retained by Proposer and deducted from the billing statement. F. Failure to submit all required forms and certifications duly executed by an authorized officer of the Proposer's firm may render the proposal incomplete and unresponsive and may cause its rejection. 0 SECTION 3 PROPOSAL LETTER/CERTIFICATE OF ACCEPTANCE PROPOSER: TERRENCE L. BELANGER CITY OF DIAMOND BAR 21660 E. COPLEY #100 DIAMOND BAR, CALIFORNIA 91765 In response to the Request for Proposal (RFP), for Dial -A -Cab Service, we the undersigned hereby declare that we have carefully read and examined the RFP documents, and hereby propose to perform and complete the work as required in the Contract. The undersigned agrees to supply the Scope of Work at the costs indicated in its cost proposal if its Proposal is accepted within 60 days from the date specified in the proposal. If awarded a Contract, the undersigned agrees to execute a Contract which will be prepared by the City for execution, within 10 calendar days following Notification of Award, and will deliver the City prior to the commencement of Scope of Work the necessary original Certificates of Insurance and Faithful Performance Bond. If services are authorized to commence prior to the execution of the Contract pursuant to a Notice to Proceed issued by the City, pending the execution of the Contract, the services shall be subject to the terms and conditions of the Scope of Work and the Contract. Incorporated herein and made a part of this Proposal is the Proposal Requirements. The undersigned acknowledges receipt, understanding and full consideration of the following Addenda to the RFP Documents (if applicable): Addenda No. Proposer represents that the following person is authorized to negotiate on its behalf with the City in connection with this RFP: Name Title Phone IN The undersigned certifies that it has examined and is fully familiar with all of the provisions of the RFP Documents and is satisfied that they are accurate; that it has carefully checked all the words and figures and all statements made in the Proposal Requirements; that it has satisfied itself with respect to other matters pertaining to the proposal which in any way affect the work or the cost thereof. The undersigned hereby agrees that the City will not be responsible for any errors or omissions in these RFP Documents. C Signature Type or Print Name Title ri Proposer's Business Address and Telephone/Fax Numbers: SECTION 4 SCOPE OF WORK I. SERVICE CHARACTERISTICS A. Service shall operate seven days a week, fifty-two weeks per year, twenty-four hours a day, including all holidays. B. Contractor shall provide all management and operational functions necessary for the success of the Diamond Bar Dial -A -Cab service. Contractor must provide all vehicles, dispatch, drivers, insurance, fuel and maintenance. C. The service shall be available to the elderly and persons with disabilities, and riders will be required to make a 30 minute advance reservation for rides. D. The fare will be $1 per ride. To encourage shared rides, only one fare will be charged for groups of four or less who are traveling from the same pickup to the same destination. The fare amount will be deducted from the total invoice amount due on a monthly basis. City may elect to provide vouchers or other tokens of value in lieu of a fare. E. Since this is a proposed new service, proposer is asked to estimate the proposed ridership and cost to the City on a monthly and annual basis. F. Management reports shall be provided monthly. A short analysis of trends, accomplishments, and milestones shall be provided with each report. G. Annually, the Contractor shall conduct and provide a customer satisfaction and service evaluation survey compilation to the City. The survey shall be taken of customers riding the service with the results summarized and graphed. Survey form must be approved by the City. II. PERIOD OF CONTRACT The period of this contract shall be for one year with four one year extensions available by mutual agreement of the City and Contractor. The commencement date is approximately April 1, 1995 and the initial term is through June 30, 1996. Negotiations for contract extensions may begin six months prior to the effective termination date of the original agreement and they shall terminate forty-five (45) days after the beginning date for contract extension. Should the City and Contractor not agree to the terms of a contract extension, the City may request proposals for the service with the intent that the service will continue uninterrupted until a new contract is awarded. III. QUALIFICATIONS OF CONTRACTOR Contractor must meet the minimum qualifications set forth to be considered eligible to provide the proposed service. Contractor must: A. Be a privately owned transportation company B. Be a transportation organization with a minimum of five years experience operating a demand response, shared ride, Dial -A -Cab service or Dial -A -Ride service. C. Commit enough vehicles to this service to be able to handle the highs and lows of the demand with out subcontracting. IV. LIAISON Contractor shall coordinate closely with the City and relevant municipalities, agencies, and interest groups on all City transportation program matters and operation status. Under no circumstances shall Contractor represent or speak on behalf of the City. Contractor shall attend meetings with the City as requested. Contractor may be required to make presentations at community or service club -type meetings. V. ADJUSTMENT TO SERVICE It is probable that service will be adjusted at some future time by the City. Adjustments may include (but are not limited to) expanding or decreasing service hours and /or days of service, or increasing or decreasing of service areas, or adjustment to fares or required advance reservations. Contractor is required to make changes as requested within thirty (30) calendar days of the receipt of notice. If Contractor cannot or elects not to make the changes requested, or costs cannot be agreed upon, the City shall have the option to cancel the contract. VI. DRIVER QUALIFICATIONS All drivers performing the Dial -A -Cab service shall meet the following minimum qualifications: A. Legally licensed to operate a taxi in the home City of the Contractor. B. Alert, careful, courteous, sober, and competent in their driving skills and habits. C. Dressed in a safe manner including long pants, shirt and no open -toe shoes. 10 VII. DRUG TESTING The Contractor shall conduct an ongoing drug and alcohol testing program which shall include a driving test, test on incident or accident, test on reasonable suspicion, random testing, and training of supervisors in recognition of drug and alcohol symptoms. VIII. DISPATCHING Contractor shall provide phone lines which shall be answered "Dial -A -Cab" with twenty four hour receptionist and dispatching service. Due to the topography nature of the City, radio service may be marginal in some areas. Contractor shall provide documentation of a radio service systems that allows communication in most areas of the community and include a back up system. Dispatching shall be accomplished via a digital dispatch system. A digital dispatch system is more reliable in mountainous environment and gives greater passenger comfort by eliminating radio noise in the vehicle. The Dispatcher shall have at least five years experience dispatching taxis, including shared ride services. The City recognizes that the dispatcher is a valuable key to achieving shared ride and good service in the area. IX_AS FETY The Contractor shall have an ongoing safety program that promotes and rewards safe driving. Contractor is to provide a comprehensive safety plan with the proposal to this RFP which outlines and demonstrates the Contractors commitment to safe transportation. The Contractor shall provide the name of a person trained and designated as the safety coordinator who shall report to the City as requested on safety issues and accident statistics as requested. X. EQUIPMENT Vehicles shall be easily recognizable and marked as taxis. Vehicles shall be maintained on a regular schedule with regular preventive maintenance inspections at a minimum of every 5000 miles. Vehicle maintenance records shall be kept for at least one year and as required by the California Highway Patrol. Contractor shall provide a copies of the completed preventive maintenance check lists to the City. A wheel chair accessible vehicle shall be available within the same service parameters as a regular sedan service. The wheel chair accessible vehicle shall meet all ADA requirements. Each vehicle shall be equipped with a fire extinguisher, taxi meter with a current approval and inspection by the Department of Weights and Measures, a two way radio, a device for alerting authorities in case of hijacking or robbery, a digital terminal for receiving rider information. 11 The Contractor shall submit a picture of a typical vehicle, sedan and wheel chair accessible, to be used in the proposed service. Contractor shall describe the system used to insure the vehicles are washed and the interiors cleaned daily. XI. INSURANCE With respect to performance of work under this agreement, Contractor shall maintain insurance from a company acceptable to City as described below: A. Worker's Compensation insurance with State of California statutory limits and employer's liability insurance with limits of not less than $1,000,000 per accident. Worker's Compensation shall cover all employees and independent Contractor drivers. B. Comprehensive general liability insurance with a combined single limit of not less than $1,000,000 per occurrence. C. Commercial Automobile liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: 1. Include coverage of all vehicles used in this service. 2. Name the City, its elected and appointed officials, officers, employees, and agents as additional insured. 3. Be primary for all purposes. 4. Contain standard cross -liability provisions. D. Contractor shall: 1. Furnish a statement of insurance with the proposal describing to what extent they meet these requirements by types and amounts of coverage or provide copies of certificates of insurance already in place which meet the minimum requirements. 2. Furnish properly executed certificates of insurance to City prior to start of work under this agreement, such certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed, terminated, or allowed to expire except on 30 days' prior written notice to City; and 3. Maintain such insurance from the time work first starts until completion of the work under this agreement; and 12 If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City at its sole option, may forthwith terminate this agreement and obtain damages from the Contractor resulting from said breach; alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City may deduct from sums due to Contractor to pay any premium costs needed to maintain insurance during performance. • I'Mor - 9 Concurrent with the execution of a Agreement and maintained throughout its duration, Contractor shall deposit with the Office of the City Clerk a cash deposit, irrevocable letter of credit, or other such document evidencing an irrevocable case deposit payable to City, in the amount of Five Thousand Dollars ($5,000.00), in the form approved by the City Attorney, guaranteeing Permittee's faithful performance of the terms of this Agreement. XIII. FEES. PERMITS, TAXES. AND CERTIFICATES Contractor shall have the sole obligation to pay all license fees, assessments and taxes, including, but not limited to, use, sales, property, or other taxes, plus penalties and interest which may be imposed on Contractor as a result of the work under this Agreement. The Contractor must obtain a Certificate of Public Convenience and Necessity from the City. XIV. PROPOSAL REQUIREMENTS Proposers shall provide information about and documentation of past experiences in public transportation related to the proposed services, their own capabilities in providing Dial -A - Cab services, and their capabilities in providing service for the City. This shall include a general description of the company, range of services offered, relevant past and current projects, including scope of individual contracts and ridership statistics, and participation in professional organizations. Proposers shall describe facilities, physical and managerial resources the company intends to commit to this work including organizational structure, management personnel assigned to this contract, facilities for storage maintenance, and administration, and radio facilities, including base station characteristics. Proposer shall clearly and concisely explain how they intend to perform the key functions of the service including dispatching, maintenance, shared ride, fare collection, driver screening procedures, grievance resolution, passenger safety, and billing. XV. EVIDENCE OF RESPONSIBILITY A. Proposers shall include the company's past two years audited financial statements. 13 B. Provide a statement of company's current level of insurance and the name and addresses of insurance companies and broker's. XVI. PAYMENT The Contractor shall invoice the City on a monthly basis for services rendered along with the required management reports. The City shall pay Contractor monthly and within a reasonable time from invoice receipt, consistent with the City's normal accounts payable practices and procedures. XVII. TERMINATION OF THE CONTRACT Any of the following provisions may result in termination of the contract executed between the City and the successful Contractor. A. Bankruptcy of the Contractor or assignment by it to the benefit of its creditors. B. Failure or refusal of the Contractor (after written warnings by City) to perform the services specified in the contract in a manner satisfactory to the City. C. Failure or refusal of the Contractor to comply with the instructions of City or with applicable Federal, State, and local governing laws. D. Any evidence of fraud or over billing to the City. E. Any loss of funding (Proposition A local return is the current source) or non appropriation of funds as a result of budget considerations. XVIII. PLANNING AND MARKETING The successful proposer shall participate with the City in the design and implementation of changes in the service's operating characteristics. Recognizing the proposers expertise, the successful proposer shall be requested to inform the City of any observations regarding modifications to the service routing, scheduling, marketing, etc. for purposes of improving the service. It is noted that marketing costs should not be included in the proposer's cost for this contract. The City will address marketing efforts separately. IX. PROPOSAL REJECTION Not withstanding any of the foregoing, the City reserves the right to reject any and all proposals and to make incidental clarifications in any proposal selected. 14 SECTION 5 SAMPLE CONTRACT This agreement is made this day of , 1995 between the City of Diamond Bar, hereinafter referred to as the "CITY" and hereinafter referred to as the "CONTRACTOR". Whereas, the CITY desires to provide dial -a -cab services to the residents of Diamond Bar. Whereas, CONTRACTOR operates the local taxicab service and is, therefore, capable of providing the dial -a -cab service; Now, therefore, CITY and CONTRACTOR agree as follows: 1. Contract Administrator. The City Manager or authorized representative, hereinafter designated as "Administrator", shall be the administrator of this agreement. CONTRACTOR is responsible for performance of each and all tasks to be performed hereinunder. 2. Project Description - General. CONTRACTOR will pick up and transport passengers upon telephone request within the hours of service identified and within the stated geographic boundaries. 3. Services to be Performed by CONTRACTOR. Services to be performed by CONTRACTOR in connection with the subject of this agreement shall be as follows: a. Accept telephone requests from the general public for dial -a -cab service and dispatch a taxicab to the pick-up location. The taxicab shall arrive at the pick-up location within thirty minutes from the time the telephone request was received by CONTRACTOR. b. Shared rides shall be coordinated by CONTRACTOR to the maximum extent possible. C. CITY dial -a -cab passengers shall pay a set fare per trip, as determined by the CITY. CONTRACTOR will invoice the CITY for each trip at the municipally approved taxicab meter rate in affect at that time. All fares collected by CONTRACTOR from the passengers are the property of the CITY. The total amount of such fares shall be retained by CONTRACTOR and deducted from the billing statement. CONTRACTOR may accept fare tickets only if authorized to do so in writing by the CITY. d. CONTRACTOR shall gather ridership data and report such information to the Administrator on a monthly basis. More frequent reporting will be acceptable. The type of data to be collected shall be determined by the Administrator. 15 4. Services to be Performed by the CITY. In connection with the service and this agreement, the CITY shall: a. Designate hours of service and geographical boundaries of service. b. Set public fares for the service. C. Give prompt written notice to CONTRACTOR when Administrator observes or otherwise becomes aware of any deficiency in CONTRACTOR's service. 5. Hours and Geographic Boundaries of Service. The hours and geographic boundaries for services under this agreement shall be included in Exhibit A of this agreement. 6. Changes. The CITY reserves the right to order an increase or decrease in the level of service provided with thirty (30) days written notice. 7. Compensation and Method of Payment. The CITY shall pay CONTRACTOR for services at the approved taxicab meter rate in effect at the time service is provided under this agreement, less cash fares collected by CONTRACTOR. CONTRACTOR shall submit invoices itemizing dial -a -cab trips in the CITY. Invoices will be reviewed and paid by the CITY within thirty calendar days. If the CITY disputes any items on an invoice for a reasonable cause, CITY may deduct that disputed item from the payment but shall not delay payment for the undisputed portions. 8. Independent Contractor. CONTRACTOR's relationship to the CITY in performance of this agreement is that of an independent contractor. The personnel performing services under this agreement shall at all times be under CONTRACTOR's exclusive direction and control. CONTRACTOR shall pay all wages, salaries, and other amounts due such personnel in connection with this agreement; and, shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, and worker's compensation insurance. 9. Permits and Licenses. CONTRACTOR shall maintain in force during the contract period all licenses and permits required by law for the operation of CONTRACTOR's business in Diamond Bar, including applicable business license. 10. Insurance. During the term of this agreement, CONTRACTOR shall procure and maintain a comprehensive general liability policy providing one million dollars ($1,000,000) combined single limit bodily injury and property damage. CONTRACTOR shall further maintain commercial automobile liability insurance in the amount of one million dollars ($1,000,000) combined single limit bodily and property damage. Any losses or damages not covered by insurance shall be an obligation of CONTRACTOR and not, under any circumstances, of the CITY. 16 CONTRACTOR shall name the CITY additional insured on said policies and shall provide evidence of such insurance. Such policies shall provide that they may not be cancelled without at least (30) days written notice to the CITY. 11. Worker's Compensation. CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of California 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 it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 12. Mediatio : Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City. Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 13. Indemni1y. CONTRACTOR shall indemnify and hold the CITY harmless from all claims, damages or liability, including all reasonable attorneys' fees and other costs incurred in defending any claims arising out of or in connection with the services performed by CONTRACTOR under this agreement. Such indemnity shall extend, but not be limited to, claims, damages, and liability arising from injuries or damages to person or property, provided that the obligation to indemnify shall not extend to claims, damages, or liability arising solely from the negligence or misconduct of the CITY or its officers, agents, or employees. 14. Notices. All notices herein required shall be in writing and delivered in person or sent by registered mail, postage prepaid. Notice required to be given to the CITY shall be addressed as follows: Terrence L. Belanger, City Manager CITY OF DIAMOND BAR 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 Notice required to be given to CONTRACTOR shall be addressed as follows: 17 15. Termination. The City may terminate this agreement at any time with or without cause by giving thirty (30) days written notice to the CONTRACTOR. CONTRACTOR shall be compensated based upon the work which has been completed, and CONTRACTOR shall be entitled to no further compensation. 16. Assignment. This agreement shall not be assigned without written consent of the CITY. 17. Term. This agreement shall continue in force until terminated in accordance with the terms of Paragraph 15 of this agreement or expiration of Agreement. IN WITNESS WHEREOF, this agreement was executed on the day and year first mentioned above. ATTEST: City Clerk Approved as to Form Interim City Attorney 18 CONTRACTOR Signature of Authorized Official Company CITY OF DIAMOND BAR Mayor SECTION 6 CONFLICT OF INTEREST CERTIFICATION (FORM MUST BE COMPLETED BY THE PROPOSER, SUBCONTRACTORS AND SUPPLIERS AND SUBMITTED WITH THE PROPOSAL) A. Check the applicable statement: In accordance with California Government Code Section 84308, the Proposer/Subcontractor/Supplier certifies that neither it nor its agents, have made a campaign contribution of more than $250 to a member of the City Council within the 12 months preceding the Proposal Submittal. In accordance with California Government Code Section 84308, the Proposer/Subcontractor/Supplier certifies that the following campaign contributions have been made by it or its agents within the 12 months preceding the Proposal Submittal. Attach additional sheet if necessary. B. In accordance with California Government Code Section 84308, no Proposer/Subcontractor/Supplier or their agents shall make a contribution of more than $250 to a City Council Member for the period from the RFP Issue Date until three months following the date of the final City Council action to either award a contract or reject all proposals. The Proposer/Subcontractor/Supplier certifies that it will abide by the above requirements. Signature of Authorized Official Typewritten or Printed Name and Company Title Date 19 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. ( TO: Terrence L. Belanger, City Manager MEETING DATE: February 7, 1995 REPORT DATE: February 1, 1995 FROM: Bob Rose, Community Services Director TITLE: RFP for Recreation Services in the City of Diamond Bar. SUMMARY: On April 30, 1995, the contract with the City of Brea to provide Recreation Services for the City of Diamond Bar expires. Per Section 31 of Ordinance 20 (Purchasing Ordinance) a Request For Proposals (R.F.P.) has been prepared and is ready to be released to seek a contractor to provide Recreation Services after the April 30, 1995 contract expiration date. When the R.F.P. was before the Parks and Recreation Commission on January 26, 1995, the Commission recommended that the R.F.P. process should be dispensed with, and that negotiations on a contract should be conducted only with the City of Brea. The Parks and Recreation Commission also recommended that staff should prepare and submit a proposal for an in-house recreation program. Section 30-e of Ordinance 20 allows the City Council to dispense with the R.F.P. process when the service is provided by another governmental agency. With City Council authorization, staff plans to submit an in-house Recreation Services proposal to compete with the proposal that will be submitted by the City of Brea. RECOMMENDED ACTION: It is recommended by staff and the Parks and Recreation Commission that the City Council dispense with the R.F.P. process and direct staff to negotiate with the City of Brea for a contract to provide recreation services to the City of Diamond Bar, and for staff to complete a proposal to conduct recreation services with an in-house staff. Furthermore, direct staff to then present both proposals at a future City Council meeting for consideration. LIST OF ATTACHMENTS: Staff Report _ Resolution(s) _ Ordinance(s) _ Agreement(s) EXTERNAL DISTRIBUTION: City of Brea SUBMITTAL CHECKLIST: Public Hearing Notification Bid Specifications (on file in City Clerk's Office) X Other: R.F.P. 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority vote? _2L Yes _ No 3. Has environmental impact been assessed? Yes _2L No 4. Has the report been reviewed by a Commission? Yes No What Commission? Parks and Recreation Commission 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: RE , BY: _. Terre ce L. Beger Frank M. shei City Manager Assistant City Manager Bog Rose Community Services Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 7, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrance L. Belanger, City Manger SUBJECT: Request For Proposals For Recreation Services ISSUE STATEMENT: The contract with the City of Brea to provide Recreation Services to the City of Diamond Bar expires on April 30, 1995. Shall the City Council authorize the general release of the R.F.P. for Recreation Services, or shall the City Council direct staff to negotiate only with the City of Brea? With City Council approval, it is staffs intention to also submit a proposal for an in-house operation of the recreation program. RECOMMENDED ACTION: It is recommended by staff and the Parks and Recreation Commission that the City Council dispense with the R.F.P. process and direct staff to negotiate with the City of Brea for a contract to provide recreation services to the City of Diamond Bar, and for staff to complete a proposal to conduct recreation services with an in-house staff. Furthermore, direct staff to then present both proposals at a future City Council meeting for consideration. FINANCIAL SUMMARY: There is $307,000 ($25,583 per month) budgeted in the 1994/95 fiscal year budget for the Recreation Services contract. Contracted services cost $25,555 per month, which is within the budgeted amount. There are no significant costs involved in releasing the R.F.P. to seek a Recreation Services contractor. BACKGROUND/DISCUSSION: On April 16, 1991, the City Council awarded a contract to the City of Brea to provide Recreation Services to the City of Diamond Bar. This selection of provider for Recreation Services was made after an R.F.P. process was completed. At that time, three agencies submitted proposals, Los Angeles County, Y.M.C.A., and the City of Brea. Also, staff prepared an in-house proposal, primarily for comparison purposes. On April 30, 1995, the contract with the City of Brea expires. Section 31 of Ordinance 20 (Purchasing Ordinance) requires that selection of a provider for professional services must be done through the R.F.P. process. Staff has prepared an R.F.P. for Recreation Services and it is ready for City Council authorization to be released. The R.F.P. was reviewed by the Parks and Recreation commission at its January 26, 1995 meeting and the Commission agrees with its contents. DISCUSSION: Over the past four years, the City of Brea has done an excellent job providing recreation CITY COUNCIL REPORT MEETING DATE: FEBRUARY 7, 1995 RECREATION SERVICES CONTRACT PAGE 2 programming in the City of Diamond Bar. During that time, the programs included in the contract have fluctuated, with the City of Diamond Bar taking over several of the programs to be conducted "in-house". Currently, programs that previously were conducted by the City of Brea but are now conducted in-house include Tiny Tots Pre -School Program, Adult Bus Excursions, Scheduling of Park Athletic Facilities and the Concerts in the Park series. The City of Diamond Bar also utilizes in-house staff to conduct the Senior Citizens Program, to schedule facility (building) use by the community, and to conduct the annual City Anniversary Celebration. Programs that are conducted by the City of Brea under the contract include contract classes, youth and adult sports and scheduling of picnic facilities in City Parks. They also provide staff support at the Anniversary Celebration and in the City booth at the Ranch Festival. Staff believes that we are at a cross roads with regard to the Recreation Services contract. With the City of Diamond Bar already conducting so much of the recreation program in-house, it would be a simple transition to bring the remainder of the program in-house. There are several key members of the Brea staff currently serving Diamond Bar who are willing to become City of Diamond Bar employees to stay with the programs. In order to provide the City Council the opportunity to compare an in-house option, staff does intend to respond to the R.F.P. with an in-house proposal. Staff also believes that if the City Council determines that it is in the best interest of the City to continue contracting for Recreation Services, then more of the program needs to be included in the Recreation Services Contract. With the coming development of Pantera Park, the retro -fit of Maple Hill Park, plus the realization of several smaller C.I.P. projects planned for the City's Parks, current staff will be stretched very thin should the recreation program continue to be split between in-house and contract, the way it is now. The solution for this is to either 1) operate the entire recreation program in-house, or 2) contract out more of the recreation program. Staff also believes that the only contractor that should be considered for contracted Recreation Services is the City of Brea. They have done an excellent job providing the services over the past four years and there is no reason to expect anything but excellent service in the future. Section 30-e of Ordinance 20 (Purchasing Ordinance) provides the City Council with an exception to the competitive bidding process when the service is provided by another governmental agency. Ordinance 20, Section 30-e states: "Exception To Competitive Bidding Requirement:... the competitive bidding procedures and requirements may be dispensed with when (e.) the agreement involves acquisition of service entered into with another governmental entity." Staff believes that the competitive nature of the R.F.P. process will be maintained if the City Council directs staff to submit an in-house recreation services proposal to compete with the proposal that will be submitted by the City of Brea. The schedule for the R.F.P. process is stated below. Negotiations with the City of Brea and completion of the in-house proposal will follow the same schedule. ANTICIPATED SCHEDULE FOR REQUEST FOR PROPOSALS PROCESS TO SELECT A RECREATION SERVICES PROVIDER FOR THE CITY OF DIAMOND BAR 3/9/95 R.F.P Submittal Deadline (4:00 p.m.) 3/13-3/15/95 Interviews with Proposers 3/23/95 Proposals to Parks and Recreation Commission for Recommendations 4/4/95 Proposed Contract to City Council for Approval PREPARED BY: Bob Rose Community Services Director CITY OF DIAMOND BAR STATE OF CALIFORNIA FOR RECREATION SERVICES The City Clerk of the City of Diamond Bar, California will receive at her office in the City Hall, in said city, until 4:00 p.m. on Thursday, March 9, 1995 sealed proposals for the performance of the above described services. CITY OF DIAMOND BAR Phyllis E. Papen, Mayor Gary H. Werner, Mayor Pro -Tem Eileen R Ansari, Councilmember Clair W. Harmony, Councilmember Gary G. Miller, Councilmember Terrence L. Belanger, City Manager REQUEST FOR PROPOSALS AND SPECIFICATIONS FOR RECREATION SERVICES FOR THE CITY OF DIAMOND BAR L GENERAL INFORMATION The City of Diamond Bar is a community of approximately fifty-five thousand (55,000) people located in Southeastern Los Angeles County. In April, 1989, Diamond .Bar became an incorporated city. Diamond Bar is a general law city under the Council/Manager form of government. Diamond Bar is a master -planned predominately residential community. Diamond Bar is a typical suburban bedroom community with limited commercial or industrial land. The city owns 8 developed parks with approximately 117 acres, most of which consist of passive open space. The city also owns 2 undeveloped park sites totalling an additional 25 acres. One site, Pantera Park, is in the design stage. The other, Larkstone, will be developed at some future date. The developed park sites are primarily neighbodiood parks with tot -lot equipment, baseball diamonds, picnic areas, security lighting and restroom facilities. Two parks have small offices, two have lighted tennis courts and one has a lighted basketball court. In addition to the parks, the City has one Community Center at Heritage Park (3 meeting rooms, office & kitchen) and leases a portable building that is located at Sycamore Canyon Park (classroom & office). The City has a joint use agreement that allows use of school facilities with each school district located in the City of Diamond Bar: 1 high school, 3 junior highs, and 8 elementary schools. IL PROPOSAL REQUIREMENTS A. GENERAL INVITATION OF PROPOSALS The City of Diamond Bar is seeking proposals from qualified contractors for recreation services for the City of Diamond Bar. One (1) original and six (6) copies of all proposals must be received by the Community Services Director, City of Diamond Bar no later than 4:00p.m. on Thursday, March 9, 1995. Address all proposals to: Bob Rose Community Services Director City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, CA 91765 and that they have successfully done so long enough that their experience will enable them to maintain operations under all conditions prevailing in this area. If they have not operated such a system, they must show that they have has sufficient experience in comparable fields or employ qualified personnel to comply with the requirement of the agreement. E. FINANCIAL RESPONSIBILITY All proposers shall be required to demonstrate to the satisfaction of the City that they have adequate financial resources to perform the services required by these specifications. No contract will be awarded to any proposer who, as determined by the City, has an unsatisfactory performance record or inadequate experience, or who at any time lacks the necessary financial resources to provide the services in strict accordance with the specifications. III. GENERAL CONTRACT ITEMS A. TERM OF AGREEMENT The agreement term shall be three (3) years, subject to termination and option provisions contained herein. B. TERMINATION OF CONTRACT Notwithstanding any other provisions of the agreement, this agreement may be terminated by the City after thirty (30) days written notice of deficiency in performance hereunder or for any other failure to comply with the terms and conditions hereof. Moreover, the City retains the right to terminate this Agreement, without cause, upon one hundred twenty (120) days written notice. In the event of termination without cause, the City agrees to promptly pay the Contractor all sums due and payable to contractor through and including the last day of work hereunder. C. CONTRACTOR TO INDEMNIFY AND HOLD HARMLESS CITY Contractor shall indemnify and hold harmless City, its officers, agents and employees, for and from any and all loss, liability, claim, demand, action or suit, of any and every kind and description, arising or resulting from or in any way connected with any operation of Contractor in exercising any license or privilege granted to it by the contract or by any ordinance of City, or arising or resulting from the failure of Contractor to comply in all respects with contract provisions and requirements and of all applicable laws. Contractor shall, upon City's demand and at sole cost and expense, defend and provide attorneys to defend City, its officers, agents and employees, arising or resulting from or in any way connected with the above mentioned operations of Contractor or Contractor's failure to comply with the contract and with the ordinances and laws hereinabove mentioned. If City provides it's own defense against any such action or suit, Contractor will reimburse City for all attorney's fees and other costs incurred by City. C. PROGRAMMING SERVICES •I y Fee classes shall be offered in a wide range of activities for residents. Classes could include: arts/crafts, fitness, theater, computer classes, tennis, martial arts, dog obedience, gymnastics, etc. Class instructors generally retain 60% of fees collected, with the contract provider receiving 40% of the fees. Participant fees would off -set cost of conducting the program. A method for recovering the costs of facility rentals should also be included. Offer adult leagues in co-ed volleyball, 5 -on -5 basketball and slow pitch softball. The adult leagues will recover direct costs in addition to generating revenues. 3. Tiny Tots Currently a tiny tot program is offered at Heritage Park Community Center. It operates Monday, Wednesday, & Friday from 9a.m. to 11:30a m., 12:30p.m. to 3:OOp.m. and Tuesday & Thursday, from 9a.m. to 11:30a.m. This program has covered direct costs. Proposal should include an option to add a morning program at Sycamore Canyon Park portable building during the school year. y •� Adult excursions should be offered at least once per month throughout the year. The city of Diamond Bar has use of Proposition A funds for renting of the buses. This will assist in having fees cover administration costs. Recreation Services Contractor will be expected to assist with the staffing of the City booth at the Ranch Festival and the City's annual Anniversary Celebration. Assist in the offering of a series of Concerts in the Park, minimum of eight. Program is held at Sycamore Canyon Park. The Recreation Services contractor will be expected to schedule picnics, sports organizations and one time uses at City Parks. 5 W. BUDGET AND PAYMENT SCHEDULE A. BUDGET PREPARATION The budget shall be prepared for the fiscal year July 1, 1995 to June 30, 1996. In regards to the proposal please detail what supplies/service will be needed prior to the July 1, 1995 starting date, and when work will need to commence to provide for a smooth transition of recreation providers, if applicable. The budget process shall consist of the following steps: 1. Programs/Service levels to be included in contract shall be agreed to by the City of Diamond Bar and proposed Recreation Services provider. 2. Line item budget shall be submitted by proposer for agreed to programs/service levels. Line item budget will be forwarded to the Parks and Recreation Commission and the City Council along with the proposed contracts. B. CLAIM FOR PAYMENT The Recreation Service Provider will submit monthly invoices detailing the charges in terms of services provided. Revenues will be directed to the City of Diamond Bar. The City will be given the opportunity to audit the books for expenses. The budget may be increased or decreased at any time upon notice by the City to the recreation provider. V. REPORTING The recreation service provider will be responsible for submitting a written monthly report to the City as well as sending a liaison to the City Parks and Recreation Commission meetings. Quarterly reports detailing program participation and revenue shall also be submitted. 7 INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City Manager 4 RE: Agreement for Sales Tax and Information Services -Addendum DATE: February 7, 1995 ISSUE: Shall the City engage the services of a consultant to monitor, identify and correct sales tax "point of origin" sales allocation errors? RECOMMENDATION: It is recommended that the City Council approve and direct the Mayor to execute an addendum to a sales tax information update agreement, between the City and Hinderliter and de Llamas and Associates, to provide for sales tax audit and information services. DISCUSSION: The City of Diamond Bar (CITY) entered into an agreement with Hinderliter, de Llamas and Associates (HdL), for monthly and quarterly sales tax updates, on January 16, 1990. This service is provided at a cost of $300.00 per month. The agreement anticipated a sales audit of the reporting methodology and accuracy of "point of origin" allocations. It was determined that it be would appropriate to activate the sales tax audit provision after the newly incorporated City had time to mature and the State of California and local businesses had time to adapt to the change in corporate boundaries. City staff and representatives from HdL have discussed the activation of the sales tax auditing services. This service includes the monitoring, identification and correction of "point of origin" allocation methodology and errors. This type of sales tax audit is intended to ensure that "point of origin" sales are properly recorded to the City and to recover revenues erroneously allocated to other jurisdictions and allocation pools. The cost of this sales tax auditing services is fifteen percent (15%) of the erroneously allocated sales tax revenue attributable to efforts of HdL. The audit fee would apply to State fund transfers received for back quarter reallocations and monies received in the first eight consecutive reporting quarters following completion of the audit by HdL. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: February 7, 1995 REPORT DATE: February 1, 1995 FROM: Bob Rose, Community Services Director TITLE: The award of contract for the purchase and installation of a picnic shelter at Peterson Park. SUMMARY: On January 3, 1995, the City Council adopted Resolution No. 95-01 authorizing the City Clerk to advertise for and receive bids for the purchase and installation of a picnic shelter at Peterson Park. Bids were received from nine qualified contractors that were opened and publicly read on January 31, 1995. Bids ranged from a low of $14,399 to a high of $25,425. References of the lowest responsive bidder, Bill Theo Construction Company, have been checked and the contract for this project is prepared to be awarded. RECOMMENDED ACTION: It is recommended that the City Council award a contract to Bill Theo Construction Company, the lowest responsive bidder, for the purchase and installation of a picnic shelter at Peterson Park, in the amount of $14,399, plus an additional amount not to exceed $721 to serve as a contingency. LIST OF ATTACHMENTS: Staff Report Resolution(s) _ Ordinance(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) _2L Other: Bid Opening Results 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? What Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: -2L Yes _ No -2L Yes _ No Yes --X-No ,X Yes No Parks and Recreation Commission O: W4W REVIEWED �BY: Terrence L. B&64 Frank M. tsher Bob Rose City Manager Assistant City Manager Community Services Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 7, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrance L. Belanger, City Manger SUBJECT: Award of Contract for the Purchase and Installation of a Picnic Shelter at Peterson Park ISSUE STATEMENT: Shall the City Council award a contract to Bill Theo Construction Company, the lowest responsive bidder, for the purchase and installation of a picnic shelter at Peterson Park? RECOMMENDED ACTION: It is recommended that the City Council award a contract to Bill Theo Construction Company, the lowest responsive bidder, for the purchase and installation of a picnic shelter at Peterson Park, in the amount of $14,399, plus an additional amount not to exceed $721 to serve as a contingency. FINANCIAL SUMMARY: There is a $13,900 in Quimby Funds allocated in the 1994/95 fiscal year budget for this project. Also, two donations from the community totalling $2,100 brings the total amount available for this project to $16,000. The recommended contract amount plus contingency totals $15,120, well within the total amount of funds available. BACKGROUND/DISCUSSION: On January 3, 1995, the City Council adopted Resolution No. 95-01 authorizing the City Clerk to advertise for bids for the purchase and installation of a picnic shelter at Peterson Park. Bids were received from nine qualified contractors that were opened and publicly read on January 31, 1995. Bids ranged from $14,399 to a high of $25,425. The lowest responsive bidder was Bill Theo Construction Company. References have been checked and the contract from this project is prepared to be awarded. The project should be completed within 60 days of the award of contract. The installation of an additional picnic shelter at Peterson Park is an approved Capital Improvement Project in the 1994/95 fiscal year budget. The specifications for the new shelter calls for a 20' hexagon structure with a tile roof. It will match exactly the existing picnic shelter at Peterson Park. The planned location for the new picnic shelter is adjacent to the tot lot. This location was selected due to the large number of requests from the community to have shade available to parents and their CITY COUNCIL REPORT MEETING DATE: FEBRUARY 7, 1995 PETERSON PARK PICNIC SHELTER PAGE 2 young children using the tot lot during hot Summer months. There is $13,900 in Quimby Funds allocated specifically to this project. Also, two donations ($1,500 from the Diamond Bar Chamber of Commerce and $600 from F.C. International Soccer Club) have been received for this project. The donations bring the total amount of funds available to complete this project to $16,000. PREPARED BY: Bob Rose Community Services Director SCHEDULE OF PRICES FOR THE PURCHASE AND INSTALLATION OF A PICNIC SHELTER IN PETERSON PARK IN THE CITY OF DIAMOND BAR In accordance with specifications therefore approved by the City Council of the City of Diamond Bar the undmWed bidder is hemMth submitting the following bid prices for the performance of the entire work as described in these spoons and attached drawings subject to this furnishing all materials, as described in Exhibit "A". Item Item N16 DAMiption Purchase and Installation of a Picnic shelter at Peterson Park per these specifications UJIMM tX I111iI Lump Sum Total Bid Amount S: Unit Item him Tald s�qq r $ i 3 qq-� I��9q.00 Total Amount of Bid written in words: F o c+ 2 T 1W.-1 -" fteu f"D ?'HR E E !hjMO2M Al1nrT`f n!iNCr- Dot�`*A, Bid Submitted by Date I • Company Name 1p,_- ( L L "�gcq Co N ST (LU c L0,3- Co N P Address cti o o LA -1 -&w --:)o6 City '0ow M Zip q 4 -uL4 Phone a te) 9 a `-4 • Vg 3 Fax (tet !10 �4. . 3 $ 3 q Signature 14 O O CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: January 31, 1995 11:00 a.m. PROJECT NO.: Peterson Park - Picnic Shelter. 0.00 iy. Ysd. as y��F.00 _- - r�uQ0.00 )Co 906-0 3 r l mr-0 4rvc1hon /1990-00 i9 3q9. OD (OC -2 73-0-60 ©o 1)iomooO C�ornb-uc ho► -i � .15-00.00 17 9 ���Od S4j racoma Co -e nPrcA 2 , Dov - or) 5 000 00 ssel�s S I e. gun ae n� 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 BILL THEO CONSTRUCTION COMPANY 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 BILL THEO CONSTRUCTION COMPANY 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 a Picnic Shelter in Peterson Park 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 Purchase and Installation of a Picnic Shelter in Peterson Park 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 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 the contract or upon notice by City after ten (10) calendar days, and to complete the installation 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 ($100.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the 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. 2 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 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 insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided 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. 3 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 locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 ofthe Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 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 4 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. 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 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 wiM 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 5 all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, 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 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-DISCRIlVIINATION: 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 January 31,1995, in the total amount of $14,399, plus a contingency of $721. 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. 0 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. 695572 Date: February 3, 1995 APPROVED AS TO FORM City Attorney Date: February 7, 1995 Name o W /V Title CITY OF DIAMOND BAR, CALIFORNIA By: M Contractor's Business Phone (310) 904-3835 Fax No. (,310) 904-3839 Emergency Phone at which Contractor can be reached at any time 7 Mayor City Clerk TWO Q Uq WMMS WMMF, tM pada hwo hm Woud *W pmeo to W WwQdW Wik all *0Aawma mukw by law on the t+aprwdve d" so Adh op"" th�WO. C�rh umm w.AW21 Tom! Febnwy 3, 1995 APnOVW AS TO FORM rpMy phone at wWah Capt &" = bo ted u MY I 7 r TWO CITY OP DIAMOND BARsFmvOm mow sy� i gy, MY L%WkF. LS;LT 96iZ0iZ0 C (I 39Hd U3iNIHd) T 39Ud LII£ -T98-606 St! 5661 Tfi:LT 20/20 (13A1393H 7 INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence 1. Belanger, City Manageq10 RE: Confirmation of Mayor Pro Tem Selection DATE: February 7, 1995 ISSUE: Confirmation of the selection of Gary H. Werner as Mayor Pro Tem in conformance with requirements of the Brown Act. RECOMMENDATION: It is recommended that the City Council confirm the selection of Gary G. Werner as Mayor Pro Tem. ISSUE: On January 17, 1995, the City Council selected Gary G. Werner as Mayor Pro Tem. Because the selection of a Mayor Pro Tem was not anticipated, the matter of the selection of a Mayor Pro Tem was not an item listed for action on the January 17, 1995 agenda. Consequently, it is appropriate to place the matter of the confirmation of the selection of Gary G. Werner as Mayor Pro Tem, in order to assure compliance with the Brown Act. INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City Manager � RE: California Contract Cities Association Dinner -Budget Amendment DATE: February 7, 1995 ISSUE: The appropriation of funds to cover the cost of the California Contract Cities Association monthly dinner meeting, which the City of Diamond is hosting on February 15, 1995. RECOMMENDATION: It is recommended that the City Council appropriate $3,200.00 to fund the expenditures associated with the City hosting of the February 15, 1995 California Contract Cities Association dinner meeting. DISCUSSION: The City of Diamond Bar is a member of the California Contract Cities Association (CCCA). The CCCA is an association of cities, which basic mutuality of interest is the contracting out of one or more of services for which they are responsible to public sector and/or private sector contractors. Generally, the Los Angeles County located members of CCCA contract with Los Angeles County for law enforcement and public works services. The CCCA provides a formidable advocacy group in the representation of the members interests to County Boards of Supervisors, State legislators, State administrative officers, Federal legislators and Federal administrative officers. The CCCA also represents its members through the filing of litigation, when appropriate. The general membership of CCCA meets monthly, in a member city on a rotational basis. Diamond Bar hosted a monthly general membership meeting, in 1992. In December, 1994, the CCCA requested the City of Diamond Bar host the February, 1995 monthly general membership meeting. The City agreed to host the February 15th meeting. The meeting has been scheduled to held at the Cancun Restaurant, which is located in Diamond Bar. The hosting of this meeting was not anticipated in the FY 1994-95 Municipal Budget. Therefore, it is necessary to appropriate funds to cover the expenditures related to the CCCA meeting. The amount estimated to cover the CCCA monthly meeting costs is $3,200. 21660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR. CA 91765-4177 909-860-2489 • FAX 909-861-3117 February 1, 1995 Ms. Gerrie Dobmeier Senior Tax Deeded Property Agent Los Angeles Tax Collector 225 North Hill Street, Room 126 Los Angeles, CA 90012 Re: Notice of Intent to Purchase Property Dear Ms. Dobmeier: Pursuant to Division I, Part 6, Chapter 8 of the Revenue and Taxation Code, the City of Diamond Bar hereby gives notice of intent to acquire title to tax defaulted property NSBI 159, known as Lot 51, TR=42560, Assessors Parcel No. 8701-013-047. The City currently maintains the property, which functions as a neighborhood "pocket park", through a Landscaping and Lighting Maintenance District. The purpose of the public acquisition is to assure the continued utilization of the property in conjunction with the adjacent City -owned Summit Ridge Park. The City hereby exercises its legal prerogative to acquire the property for the minimum bid amount of $8,040.00 For further information and proceedings, please call me at (909) 396-5666. Sin erely, V errence L. Belanger City Manager TLB\JDS\mco INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Mayor and City Council Members FROM: Terrence L. Belanger, City Manager SUBJECT: Purchase of Property DATE: February 2, 1994 ISSUE: City staff became aware of the sale/auction of property by the County of Los Angeles Tax Collector for the purpose of selling property to collect monies to pay for delinquent taxes and penalties. The subject property is privately owned, but is utilized as a neighborhood "pocket" park and is maintained by Landscape and Lighting Maintenance District 39 (LLMD 39). RECOMMENDATION: It is recommended that the City Council approve and ratify the City of Diamond Bar's prerogative to acquire the subject property through first right -of -refusal, pursuant to California Revenue and Taxation Code. Further, it is recommended that the City Council approve the expenditure of $8,040, plus related costs. DISCUSSION: In the late afternoon of Wednesday, January 31, 1995, City staff became aware of a Los Angeles County Tax Collector's sale of tax -default property located.within the City of Diamond Bar. The subject property (AP #87001-013-047) is a 1.27± acre parcel, which functions as a neighborhood pocket park. According to the latest assessor's roll, this pocket park is owned by California Communities, Inc. The City maintains the property through LLMD 39. The property is immediately adjacent (northerly) to Summit Ridge Park. The Los Angeles Tax Collector is selling the property to cover delinquent taxes and penalties. The minimum bid amount is $8,040. The City has the prerogative to exercise a first -right -of - refusal as a public agency, which operates to "cut-off" the sale/auction of the property to private persons. In order to effect its right to "cut-off" the sale/auction of the subject property, the City must indicate its intent to purchase property at the stated minimum bid amount. Since the property functions as a City park, albeit privately owned, its appropriate and desirable to purchase property as a public agency and incorporate this 1.27± acre parcel into Summit Ridge Park. The City Manager has transmitted a letter to the County of Los Angeles (attached) expressing the City's intent to exercise its right to acquire the property at the minimum bid amount of $8,040. This matter is included on your February 7 agenda for approval and ratification. nbw attachment MB PG PCL NSB# ITEM LEGAL LATEST LATEST PARCEL NSB4 NO DESC ASSESSEE LOCATION MIN BID IMPS EARLIEST PARCEL 97 11889 TRACT # 6550 THAT PART $1,864 8678 023 010 159 OUTSIDE LA VERNE CITY OF LOT COM 88/8678 023 010 AT NW COR OF LOT A TH N 88042'30 "' E 1338.1 FT TH S 00401300 W TO A LINE PARALLEL WITH AND DIST N AT R/A 1054.43 FT FROM S LINE OF SD LOT TH S 88005' W TO A LINE P ARALLEL WITH AND DIST W AT R/A 2 00 FT FROM E LINE OF SD LOT TH S 0040130N W TO SD S LINE TH W ON SD S LINE TO A PT W THEREON 215. 1` 02 FT FROM SE COR OF SD LOT TH N 00401300 E 702.63 FT TH S 88005' W TO NE LINE OF TR # 25493 TH NW AND FOLLOWING BDRY LINE OF SD TR 159 TO NE COR OF LOT 8 R S 72-14 TH N 22038140N E 24.62 FT TH S 6702 1120m E 140 FT TH N 35021120a E 200 FT TH N 540 38140"' W 87.55 F 159 T TH NW ON A CURVE CONCAVE TO SW RADIUS EQUALS 130 FT TO SE COR O F LAND DESC IN DOC # 4350 6-10-5 7 TO SHARDER GROUP # 3 INC TH N 159 .260.26 FT TH W 285 FT TH S 170 F T TH S 50027115"' E 213.49 FT TH SW ON A CURVE CONCAVE TO SE RADI US EQUALS 130 FT TO NE LINE OF S D TR # 25493 TH NW AND FOLLOWING BDRY LINE OF SD TR # 25493 TO W 95 LINE OF SD LOT A TH N THEREON TO BEG PART OF LOT A ASSESSED TO MI STRETTA,FRANK J SR AND MARGARET AND ROACH,RALPH T AND DEBORAH LO CATION CITY OF CLAREMONT 176 159 11906 TR=42560 LOT 51 ASSESSE $8,040 8701 013 047 D TO CALIFORNIA COMMUNITIES INC 88/8701 013 047 LOCATION r-lTv CIE nnu 176 176 386 n J LLOS ANGELES, CA. TRWREDI 14ahonw6 1-800-345-7334 — 0100—SINGLE FAMILY cQpTfighl 1994 5239 000 --— 5269,147—TV DJOU JOANN S AN Rcsrsrved ASSESSORS PARCEL NUMBER TAX CENSUS THOMAS BROS LAND USE/PROPERTY CLASS VERIFIED SALES SALE AMOUNT TOTAL VALUE—TV OWNERS NAME AREA—REG TRACT MAP NUMBER LOT SIZE / ACRES / SOFT AMOUNT TYPE DATE LAND VALUE—LV pp •PROPAERTYNLOCATIONS STATISTICAL INFORMATION ER TOTAL iAAxES/YR LEGAL DESCRIPTION IMPROVEMENT INFORMATION MORTGAGE INFORMATION ADDITIONAL BUILDING DATA TROT4256U�IiRIDGE 1333 8701-013-035 RGN-12 10145-06 — 0100—SINGLE FAMILY ---------------------------- RESID 5239 000 --— 5269,147—TV DJOU JOANN S ZONING—LCRP0200002U 15-87 $80 743—LV 1346 SIUSSMITRIDGE DR DIAMOND BAR CA 91765 7,154—GROSS 1756221 $188 404—IV •1346 DR DIAMOND BAR CA 91765 ;G EXEMPT—HOMEOWNERS NFORMAyTIOON•* W S3,764.28193 TROT4256U�IiRIDGE 1333 UN, 8A%03 52218 f5,34PRIOR: 1 5130 D75B --------------------_-------------------__-------�_---------_--- L6 1135228 87CALIf3RNIA COMMUNITIESINCZONINGV—L —_----------E-5---.... ------------------------------p--«-------�� f5,3<04285 559 3T 87 AIRWAY AVE 0 A ('SIA MESA CA 92626 {ARPD200ppIpENiIAL 'f 067 LV TR=42560 LOT -51 55,312—GROSS 1135228 PRIOR: (856.26/93 DELINQUENT YR -89 —_ ;.i: r. ?Z' k �A.r: 01-84 8701t—t01i3i-048 RGN-12 10181-06 s.. 0101—SINGLE FAMILY RESID $263 OOOF S317.211—TV 252305ERDOKYOOD DRSAN DIAFGWND MAR CA 91765 -""` E%FMNIPTGHWfEPOYNEAS02U CRSB288U4 87 f2g5 320—jV PHONE 0714-861-2126 YRS W/PHONE 6 •24230 E BROOKWOOD OR DIAMOND BAR POOL PRIOR: S3. 6J.82/93 CA iR=42570 91765 • ..IMPROVEMENT INFORMATIDN••12-86 �,e LOT -89 It,-'' I DSGN C/SH UN 80/8H YR 1 0131 D75D 1 4/ 3 86 SOFT 3203 ••MORTGAGE INFORMATION•• • ASM $236,450 '' *INLAND EMPIRE (MFG CO) �,a._,,, $701-013-049 RGN-12 10181-06 « 0100—SINGLE FAMILY RESJO «(259 500F 5303.269—TV SAN 24222 E BROOKWOOD DN AMOR 0 AND RRDIAMOND BAR CA 91765 •-IMPROVEMENT CRPD 828778 87 5ie<'9S17—LItV •24222 E 8R00KW00D DR DIAMOND BAR CA 91765 i= I DSGN C/SH UN 8D/8H YR SOFT PRIOR. (3,62(.21/93 TR=42570 LOT -90 1 0130 0750 1 4/ 3 86 3203 12-86 DELINOUENi YR -93 ` --MORTGAGE INFORMATION-- ADJ f194250 g ps c •r..: • -" + —_--«« 161 -CAL (SAY f LOAN)-««. __--«---------«« 8701-013-050 RGN-12 10181-06 0101—SINGLE FAMILY RESID « $430 OOOFAAmdW 5393.000—TY PARK AE W AND NAE Y ZONING—LCRPD200002U d GRT O i{ 92 Slg6,000—LV 2426 E BROOKWOOD DR DIAMOND BAR CA 91765 a is EXEMPT—HOMEOWNERS 200933 � $287 000—IV •24216 E BROOKWOOD DR DIAMOND MAR CA 91i6S PODL PR10R $5. 73/93 570 TR+4$z••IMPROYEMENi jNfORMAT10N•• - ,•. $250 OOOf 10i-91 I DS6N C/SN UN BD/BN YR SOFT CRP Ot 87 1 0131 D75D ;,1 4/ 3 S6.*.3253t� :' . 624882 ••MORTGAGE INfORMATION•• • $344 000 :FIRST CENTRAL CRANKS 8701-013-0t51 AGN -12 s 10U1-06 s. � 0100 -SINGLE FAMILY RE31D — S258 SO f 96.44669 -TV KIM 4NER E BCONDOD pR O1AMON0'BAM CA ! ){` E%EMPTC—'NOMEOVNER502U CR`S401Y;-8E sf Oi�57881—`l[iv •24208Z2__G0 __€ BROOKWOOD,DR DIAMOND BAR CA �T7 *•IMPROVEMENT INFORMATION.W. " Aa_.3, PR10R 3.46S.T3/93 314t Copyr'igni1904 REDI 1-800-345-7" F/ INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Mayor and City Council FROM: Terrence L. Belanger, City Managerlv� SUBJECT: Wildlife Corridor Conservation Authority DATE: January 27, 1994 As the Council is aware, Council Member Miller attended the January 18 Wildlife Corridor Conservation Authority (Authority) meeting. At the Authority meeting, Council Member Miller presented the City of Diamond Bar's recommended amendments to the Joint Powers Agreement (JPA) (a copy of the recommended amendments are attached for your review). The Authority members considered the suggested amendments and accepted all but one suggested change to the JPA. The amendment the Authority members did not accept was Section 3.2, "Within sixty (60) days of the delineation of the 'wildlife corridor', where the 'wildlife corridor' includes land within the incorporated boundaries of any party hereto, the interested party may amend the 'wildlife corridor' boundary, within said incorporated boundaries, by a reso- lution to amend adopted by a majority of the council members of the interested party." Simply stated, the members of the Authority felt that the member agencies had conferred about themselves the ability to influence district boundaries by retaining authority under the power of eminent domain. The Authority members did not think it was necessary for individual cities to be able to decide which properties within their incorporated boundary should or should not be a part of the wildlife corridor. Member cities will have opportunity to argue for or against properties being included within wildlife corridor. This type of interpersonal advocacy was believed to be a better approach to determining wildlife corridor boundaries. However, the non-inclusion of Section 3.2 into the JPA brings back the matter of membership in the Wildlife Corridor Conservation Authority to the City Council for 1 future consideration. The rationale is that the vote to become a member of the Authority was contingent upon acceptance of all suggested amendments to the JPA. Therefore, Council needs to consider how essential Section 3.2 be included in the JPA. As a part of this considera- tion, the question has been raised, by a member of the community, as to whether the City Council would be willing to have the consideration of membership before the City Council at its regular meeting on February 7. If you have an interest to consider the Authority's JPA matter prior to February 7, the City Council has a meeting scheduled for January 31 to continue to hear testimony of the General Plan Please let me know, as soon as possible, what you prefer on the consideration of the JPA matter. nbw attachment 2 WILDLIFE CORRIDOR CONSERVATION AUTHORITY AMENDMENTS TO JOINT POWERS AGREEMENT 1.2 Acquisition may be by way ofgift, devise, purchase, exchange or eminent domain; Provided that any party may adopt a resolution nullifing the exercise of eminent domain, if adopted within thirty (30) days of the written notice by the Authority.to a Authority's intention to exercise the power of eminent domain, within the jur sd c ional e boundaries of that party. 2.2 The Authority, nor any of the parties acting collective, y. shall not have the power to raise revenues and/or incur debt through taxation, assessment cntd/or levy of any kind Notwithstanding the foregoing prohibition, a party to this agreement m district or incur debt, within its individual bour�i o and utilizingeme its statu rm a benefit authority, in furtherance of the purposes of the Authority. 3.0 For the purposes of this agreement, the "wildlife corridor study area" shall extend from the Whittier -Puente Hills, through Chino Hills, to that portion of the Santa Ana Mountains, not owned by the Cleveland National Forest, which are reasonably capable of sustaining or connecting habitat for large mammals and/or threatened or endangered species. 3.1 The ultimate delineation of the boundaries of the "wildlife corridor" shall be based upon widely accepted scientifically established criteria, which shall reflect the state-of-the-art knowledge of the nature, quality and extent of wildlife habitat linkages. 3.2 Within sixty (60) days of the delineation of the "wildlife corridor'; where the 'wildlife corridor" includes land within the incorporated boundaries of any party hereto, the interested party may amend the "wildlife corridor" boundary . within said boundaries, by a resolution to amend adopted by a majority of the council me b rsted of the interested party. 21.0 The provisions of this agreement shall be amended solely upon the adoption of a resolution to amend, by each party to the agreement. WILDLIFE CORRIOR CONSERVATION AUTHORITY JOINT E)MRCISE OF POWERS AGREEMENT PREAMBLE Whom", Thera exists a wildlife corridor comprised Of undavelOPed vAldlifie habitat and Open space between 0. Whittle Pusnte Hills and the CW -'WNW NS*XW Forst in the Santa Ana Mountsinw, and wwag s, This wildlife corridor serves wildlife migration and also functions as an essenral environmental, scientific+ "Jcdioral,W4 mmoonalresource d be held In trust for present and * ure gWWWOns, Whereas, That as the last major natural open specs resource oa'xacting LOS Angeles, Orange, San Bemerdlrand , aRiverside Counties, it pr'o�vides essential raiiet from the urban environment; and that it adds as a sins ecosystem in which dwn0es that affect ons part may also affect all other parts, and Whereas, That the preservation and protection of this resource is in the public interest; naw Therelbrlt, Pursuant to the Joint E)mcise d Powers Ad (Government COde S SM et seq.) the following public entities of the Stab Of California mmuting this agreement agree as follows: 1. PURPOSE 1.0. The purposed this agnerrasnt is to provide for" proper plamft, ooraery OM' envk%im vrrentM probcliOn and melow m of the habitat Sr4vrildife candor between the Whittier -Puente Hills and the Cleveland National Forest M to Santa Ara Maintains. 1.1. As a flatter necessary and integral Purpose of "s agreement. the acquisition and protection of lands for a�. � OW space �Prudant fiscal contemplated where such soqu be policies of each of the member jurisdictions. I 9eJeGI:3117 P.21 -2- 2. COMMON POWERS 2.0. The parties hereto agree to exercise their common powers to the maximum extent tavof for the purposes of implementing this agreement, including, but not limited to, all the powers specOW in Government Code S 6508. 2.1. Such powers are subject to the restrictions upon the menrw of exercising the powers as imposed upon the City of Whittier, as provided in, and for the purposes of, Govemment Code S 6509. ,71'L'1. .1'1_.11! I I .1:. '.11 '.L 1 _► !1♦ 1a.;1. . 1.• l•. Il.^.. •1!l•.�•.117777.'.1 .11..11 1,• 3. JURISDICTION 3.0. For purposes of this agreement, the'VAldfife corridor study area" shall extend from the Whittier-Puents Hills, including the Chino Hills, to that portion of the Santa Ana Mountains, not owned by the Cler 9WA National Forest jftA are reasonably capable of sustaining or connecting habitat for large mammals jer) andlar threatened or endangered species. • ♦. • • - • • • '.'al .l.aJ .'1'1,'.1..•. _ . 7. 1. =-- • • •• •1 !L L.l�_:1 'C>- 1�� 1.• _tail. • •' ' • 111•It riv F -A1 •I. 771r, r1.,"r. t= •.1 '. 'l. I�.i'� 1 - ull�•.1 Lli l !L. 4. SEPARATE ENTITY 4.0. The "Wildlife Corridor Conservation AuthorW (hereinafter "Authority") Is hereby established as a separate public entity within the meaning, and for the purposes of, the Joint Exercise of Powers Act (Government code S 6500 st seg) upon execution of this document by at least two public entities whose jurisdiction falls within the "Wildlife Corridor." TOTAL P.01 19098613117 p.02 -.3- 5. GOVERNING BOARD 5.0. The Acft* shall be govented by a « fid =*ituted pursuant within the meantrg of Govemment Code § 6506 t0 the agreement" 5.1. The Governing Board of the Authority Is hereby established as follows: (a) The council of each of the participating entities to this agreement shall Bosrdat t a pleasure of such on* of tmWr mgrbw and an alternate to serve on the Governing peer. (b) The members of the Governing Board appointed by the partIcipating entities shwa sled two (2) public members and two (2) alternates who shall serve for a term of two (2) years. The public members shall be rosidents of the area within the wildiife Corridor who are well qualified by their education, background or experience to cavy out the purposes of this agreernent. de) The Superintendent of 101 th Los Lase: Olstriat or his signee. (d) A member appointed by the Santa Monica Mountains Conservancy, (e) A member of the Department of Fish and Game, appointed by the Director, shall serve ex oorxyo. 6. ADVISORY COMMITTEE 6.0. The Governing Board shall appoint an Advisory Committee to assist it in its rep�entative of the �mprised of individuals who aro broadly the wildlife corridor. y and diverse that haves stake in planning for 7. MEETINGS 7.0. All meetings of the Governing Board shall be called, 119K Ond conducted in accordance wNh the provisions of the Ralph M. Brown Act and with such further rules of the GO ng Board as are not it consistent therewith. 7.1. The Aultiority shall keep, or cause to be kept, the minutes of the Governing Boards meetings, and shall as soon as possibly after each meeting, forward a Copy of the minutes to each member of the Governing Board and to the governing body of each of the Participating entities to this agreement. y~u DEC -19-1994 1653 FROM l`5 8. QUORUM AND PROCEDURE 8.0. A majority of the Governing Board shall oa>atituto a quorum for the trtinsaction of business. The affirmative vote of a majority of those members MOW and voting shall constitute an action of the Goveming Board. Where applicable, Robwft RWW when s�Revised, with the R�allph Mme. Brownm q the lures Of the Governing Board, except 9. COMPENSATION 9.0. Members of the Governing Board shall serve without comPens t� ow e�� reasonablthat a e allows m or reimburse rWi for attendanos at Board, as determined by the Governing Board, may be Paid an amount not to exoeed$50 to the extent compatible with Government Code §1126, Public Contract Code §§ 0 and 10411, and any other statute. 10. ADMINISTRATION 10.0. The Authority shall be administered by an Executive Offioer who shall perform the functions stated in Government Code 9 6505.1 10.1. The Executive Director or the Santa Monica Mountains Conservancy shall serve ex oflido, without additional compensation, as Executive Officer of the Authority 10.2. The Treasurer of the City of Whtttisr shall be the duly appointed and acting hereby designed as the Financial treasurer and cor>iroller of the Authority; s is hestated in Goverrownt Code § Officar a to k*w ty who " P in00 incl tied pursuant to this section, 6506.5. The Authority &Wl reimburse the city for costs subject to prior approval of the Governing Board - 10.3 The Authority may soled counsel from its member agencies, or it may retain independent counsel. 10.4. To implement this Agreemerrt, the parties hereto may loan � �� to Vara, Authority. To achieve the Purposes a this agreement, the Authority may, The Executive establish positions and fur the salaries of emPloyses a �� Oftioer of the Authority shah appoint such other employees for positions established by the Board and shall be responsible for to supervision thereof. 11. FISCAL CONTROLS 11.0. The fiscal year of the Authority shall be the fiscal year of the City of VVhittier, July -5- 1 to June 30, or as established from time to time by the City of Whittier. 11.1. To the extent fields ane f W y availabletlwofors, the Conservancy and the Cities aro hereby authorized to make payments and contributions of public funds, as provided in Section 6504 of the Government Code. 11.2. The Authority shall be strictly accountable for all funds, receipts, and Cdisbursements. The Authority shall prepare an annual budget, in a form approved by the nservary and the City of Whittier, which budget shall be submitted to the board for aPPmvW by iwoftds of the members press ft, public fiords may not be disbursed by the Authority without approval of the adopted budget of the Authority, and all receipts and disbursements shall be In stria conformance with the adopted and approved budget, 11.3. The treasurer of the City of Whittier shall act as the treasurer of the Authority and shall be the depository and have custody of all money of the Authority from whatever source. The treasurer so designated shall: (a) Receive all money of the Authority and place it in the treasury of the City of Whittier, or other appropriate account, to the credit of the Authority. (b) Be responsible on his of dW bond for the sa#ekeeping and disbursement of all Authority money so held by him or her. (c) Pay, when due, out of money of the Authority so held, all sums due on outstanding obligations of the Authority. Said sums shall be paid only by warrants uthori�ic o'�OAr pa��ng the motions of auditor or controller of this (d) Verify and report in writing on a quarterly basis to the Authority and to the parties to this agreement, the amount of receipts since the last report, and the amount paid out since the last report. 11.4. The troasurer of the City of Whittler shall perform the functions of auditor or =*Oiler of the Authority. The tessixer shag either make or contract with a certified public accountant to make, anrxial audit of the a000unts and records of the Authority. In each case the mininxxn requirements of the audit shall be those prescribed by the State Controller for specla i districts under Section 2M of the Goverrxnerrt Code, and shall conform to generally accepted auditing standards. Where an audit of an socourrt and records is made by a certified public a000uxwant, a report thereof shall be filed as a public record with each of the parties to this agreement. Such sport shall be tiled within six months of fhe end of the fiscal Year under examination. Any coats of the audit, including contracts with or employment of a certified public accountant, shall be borne by the Authorrty and charged against any urmmumbsred funds of the Aug" DEC -19-1994 16:55 FROM -6- 5. The Authority shall have the power to invest any money in the treasury of the Authority that is not required for the immediate necessities of the Authority, as the Authority determines advisable, in the same mwvwr and upon the same condition as local agencies pursuant to Section 53601 of the Government Coda. 12. BONDS 12.0. Each member of the Govemfng Board, the eocecutive officer, and treasurer shall file an official bond with the Authority. When deemed apprqXU" by the Authority, a master bond may be utilized as referred to in GovernMW t Code Sectio^ 1483of to the, " bond shall also comply with the requirements of Title 1, Division 4, Chapter Government Code, with those sections being deemed applicable to the Authm* to the Wdent the Conservancy deems appropriate. The bond shall be in the anwa t Of not less than $50,000. The premium shall be paid by the Authority 13. LIABILITY 13.0. The tort liability of the Authority and d all members of the Governing Board' and the executive officer and employees of the Authority, shall be controlled by the Provisions of Division 3.6 of the Government Code. The Provisions of Division 3.6 of the Government Code relating to indenniAcation d pubic ernployses and the defense of actions arising out of any ad or omission ocaurrfng in the scope of theirem Authority members of the Goveming Board, alfiosrs, and �� with oye 13.1 pumuam to Section 6508.1 of the Government Code, the parties agree that the Conservancy shall assume all liabilities arising out of or with reaped to: (a) Any and all adion taken by Authority personnel acting on Conservancy property p jvmrd to a reciprocal managwiOnt agreement between the Conservancy and the Authority, and (b) Any and all P WWW MW by the Authority which is subject to a reciprocal managenwrrt agreement between the Conservancy and the Authority. 13.2 in addition_, the Authority may insure itself and the parties, and the offioers and employees of the pwtW lin a marWwr, form and uncunt appropriate and acceptable to the City of Whittier and the Conservancy. 14. DISPOSITION OF PROPERTY AND FUNDS 14.0. Upon tenninatfon of t vs Agrserine t the Authority for0with shall wind up its affairs, including discharging all of its outstanding legal obligations. Personwl Property and funds remaining In the Authority shall be returned to the part)► from which the funds or personal DEC -19-1994 1656 FROM -7- property were obtained, oocept as mutually agreed by the per• All real property owned by the Authority shall be conveyed as the Authority shall determine, and if no determination is made, then such property shall be offered to the State Parts System. 15. WITHDRAWAL OF PARTIES 16. NON -LIABILITY OF PARTIES 16.0. Except as provided in Section j" _U of this Agreement, neither the Authority nor the Governing Board shall hams the power or autlw* to bind the parties to this agreement, or any of them to any debt, liability, contractor obligation, or to employ any person on behalf of the parties, or any of them; no debt, liability, contract, obligation, employee, or agent of the parties or any of them. 16.1. No action or omission of the parties or any of them shall be attributable to any of this other parties to this agreement except as expressly provided in Section Agreement. 16.2. The Authority may maintain such public liability end other insurance as in its discretion is deemed appropriate and to the extent the cost of premiums thereof are of the Authority.provided for in the approved budget 17. CONTRIBUTION OF CONSERVANCY 17.0. Exclusive of grarrts which the Conservancy may sward to the Authority a the City of Whittier from time to time, the Conservancy contribution to the Authority shall be less then $25,000 in any fiscal year. Contribution is here defined to include monetary contributions, H any, and the reasonable value of the services of any emploYees of the Conservancy loaned by it to the Authority, if any. This � shail not �y payment services between partiestt of services is of any consideration other tan hsuch serSection viON. ` uch �m� overmnent Cods. Each hereby authorized to the extent permitted by 4 - party party to this agrear lent shall contribute 5500 per annum. 18. NON-DISCRIMINATION 18.0. The provisions of the State of California Non -Discrimination Clause (Form 17B) are by this reference incorporated herein. 19. APPLICATION OF POWERS 19.0. insofar as peers common to the City of Whittier included in this agreement, and not to the Conservancy, are awtised by the Authority, the 9ovwnwg Board and offloers thereof shall exercise such powers as the S*nW tering agency of this agreement pursuant to Government code Section 6506, notwithstanding the fact that they may be appointed by, or representative of, the Santa Monica Mom Conservancy. 20. ADDITIONAL PARTIES 20.0. The Santa Monica Mot tku Cwm vancy, and the Ckt n of Anaheim, Brea, Chino Hills, Diamond Bar, La Habra Hes, PIWAMda. Walnut and Whittier may became. parties to this Agreement at any time AWsaim%]. The addition of a party not listed here shall require the approval of the board. '1 lA_:� 1'�•al ,.Ili il.'. '1 i. 1 � ►� �' �l.--.'il.-a1Lal. In Witness Whereof, the parties hereto have caused this-'----- to be executed by their duly authorized representatives. SANTA MONICA MOUNTAINS CONSERVANCY By. CITY OF ANAHEIM By. CITY OF WHITTIER CITY OF BREA By CITY OF CHINO HILLS CITY OF DIAMOND BAR DEC -19-1994 1658 FRCI`1 In �+7 CITY LA HABRA HEIGHTS weMne.r I� tit � V. CITY OF WALNUT TOTAL P.OB CITY OF DIAMOND BAR AGENDA REPORT <7.. AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: February 7, 1995 REPORT DATE: January 24, 1995 FROM: Kellee A. Fritzal, Administrative Assistant TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCE 20 (1989) AND 20A (1989) SUMMARY: The City's current purchasing regulations have been revised to provide clarification, and to include new sections which make the Purchasing System more efficient and effective. At the December 6, 1994 City Council Meeting, the Council directed staff and the Finance Subcommittee to review comments presented by Council Member Harmony. After review of the comments the Finance Subcommittee has recommended some modifications in the proposed ordinance which are in redlined, deletions are in strikeout. As part of the process Staff, has developed a Policy and Procedures Manual for Purchasing. The Manual will be distributed to all staff when the Ordinance is approved. RECOMMENDATION: It is recommended that the City Council approve for first reading, by title only Ordinance No. "An Ordinance of the City Council of the City of Diamond Bar Establishing a Purchasing System and Repealing Ordinances 20 (1989) and 20A (1989)." EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed XX Yes �- No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes —No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes —No Report discussed with the following affected departments: All Departments are affected. REVIEWED BY: Terr nce L. B ger Frank M. Usher Kellee A. Fritzal City Manager Assistant City Manager Administrative Assistant CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 7, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCE 20 (1989) AND 20A (1989) RECOMMENDATION: It is recommended that the City Council approve for first reading, by title only Ordinance No. "An Ordinance of the City Council of the City of Diamond Bar Establishing a Purchasing System and Repealing Ordinances 20 (1989) and 20A (1989) . " SUMMARY: The City's current purchasing regulations have been revised to provide clarification, and to include new sections which make the Purchasing System more efficient and effective. At the December 6, 1994 City Council Meeting, the Council directed staff and the Finance Subcommittee to review comments presented by Council Member Harmony. After review of the comments, the Finance Subcommittee has recommended some modifications in the proposed ordinance which are in redlined, deletions are in strikeout. As part of the process Staff, has `developed a Policy and Procedures Manual for Purchasing. The Manual will be distributed to all staff when the Ordinance is approved. FINANCIAL SUMMARY: There will be no fiscal impact through the adoption of this Ordinance. DISCUSSION: In June, 1994 the City Council directed staff to review the purchasing ordinances and recommend, if required, modifications. In review of the purchasing ordinances, staff determined that some modifications would be desirable. The below listed items are either new or modified from Ordinances 20 and 20A: ♦ The proposed ordinance was prepared in the current City Ordinance format. The reformatting will make the purchasing regulations easier to understand and to follow through a normal purchasing process. ♦ Listed definitions to ensure understanding of common purchasing terms. ♦ Increased responsibilities of Purchasing Agent to include maintenance of appropriate records and standardization of similar equipment and services on a citywide basis. ♦ Under requisitions, gives authority for Purchasing Agent to question propriety of requisition in view of budgetary and other concerns, Purchasing Agent can request justification from a department for the quantity or quality requisitioned. In addition requisitions shall not be required for purchases costing less than the Petty Cash maximum ($50.00). ♦ Requires use of purchase orders or City Council approved contract for purchase of supplies, services or equipment. Purchase Orders are not required for purchases costing less than the Petty Cash maximum ($50.00). ♦ Defines emergency purchases and requires a confirming Purchase Order be completed after the emergency purchase. ♦ Purchases without Bidding/Open Market - Allows an exception to informal bids when value is less than $1,000, from a single vendor within the fiscal year. Indicates that selection of professional services providers may be awarded to a proposer who is not the lowest proposer, with reasons for the selection to be provided in writing. ♦ Informal Bid Procedures have been changed; verbal quotations purchases between $1,000 and $5,000 may be accepted, written quotations are required for purchases between $5,001 and $10,000. ♦ Formal Bidding now indicates that selection of professional services providers may be awarded to a proposer who is not the lowest proposer, with reasons for the selection to be provided in writing. ♦ Describes the situations in which a sole source may be utilized, and the manner in which the purchase must be authorized. ♦ Describes purchases under cooperative purchasing programs with State, County, Cities or other governmental agencies. ♦ Limits the City Manager's contractual authority to $10,000 with any single vendor within a fiscal year, where there is an unencumbered appropriation. Limits the authority of the City Manager in the case of professional services, where there does not exist an specific appropriation in the fund account. The expenditure limits, which were developed under Ordinance 20 (1989), have not been changed. After five years of operating within these limits, staff has concluded they are appropriate and advisable for business -like operation. They are: $1,000 or below No bids required (although frequently, bids or quotes are obtained). $1,001 to $10,000 Informal bid requirements, City Manager authorization $10,000 and above Formal bid process, City Council approval The Finance Subcommittee recommends approval of the proposed ordinance. Attachments: Proposed Ordinance Ordinance 20 & 20A (1989) Finance Subcommittee Recommended Modifications Additions are Redlined, Beletionsare Strikeout ORDINANCE (1995) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCES 20 (1989),20A (1989) A. Recitals (i) Ordinance 20 (1989) and Ordinance 20A (1989) are hereby repealed in their entirety. (ii) California Government Code Section 54202, et. seq., provides, in pertinent part, as follows: "Every local agency shall adopt policies and procedures, including bidding regulations, governing purchases of supplies and equipment by the local agency. Purchases of supplies and equipment by the local agency shall be in -accordance with said duly adopted policies and in accordance with all provisions of law governing same." B. Ordinance NOW THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: Section 1. The Council finds and determines in all respects as set forth in Recitals, Pat A herein. Section The following provisions are hereby adopted as the Purchasing Ordinance of the City of Diamond Bar to read, in words and figures, as follows: Finance Subcommittee Recommended Modifications Additions are Redlined, Deletionsare``-kat PURCHASING ORDINANCE Sections: Local Preference 3.24.010 Establishment of Purchasing System 3.24.020 Definitions 3.24.030 Centralized Purchasing Division 3.24.040 Purchasing Agent 3.24.050 Exemption from Centralized Purchasing 3.24.060 Requisitions 3.24.070 Use of Purchase Orders 3.24.080 Emergency Purchases 3.24.090 Encumbrance of Funds 3.24.100 Inspection and Testing 3.24.110 Purchases Without Bidding/Open Market 3.24.120 Informal Bid Procedures 3.24.130 Formal Bid Procedures 3.24.140 Sole Source Procurement 3.24.150 Cooperative Purchasing Programs 3.24.160 Local Preference 3.24.170 Use of Recycled Materials 3.24.180 Bidding for Public Works Projects 3.24.190 Contractual Authority 3.24.200 Surplus Personal Property Section 3.24.010. Establishment of a Purchasing System - In order to establish efficient procedures for the purchase of supplies, services, and equipment: to secure for the City supplies, services, and equipment at the lowest cost commensurate with quality needed and with due consideration to usability; to exercise positive financial control over purchases; to clearly define authority for the purchasing functions; to assure the quality of purchases; and to buy without favor or prejudice, a purchasing system is adopted and shall control the procedures for all purchases except as otherwise provided by law. Section 3.24.020 Definitions - As used in this ordinance, the following words and terms shall be defined as follows unless the context indicates that a different meaning is intended: (a) Bidders List shall mean a current file of sources of supply of articles for each category of commodities repetitively purchased for City use. (b) City shall mean the City of Diamond Bar. (c) City Manager shall mean the chief executive officer of the City, appointed by the City Council. The City Manager, or his designee, has the exclusive authority for specific administrative responsibility for this ordinance. (d) Contract shall mean an agreement, in writing, between two or more persons, with the requisite authority, which creates an obligation to do a particular thing. Finance Subcommittee Recommended Modifications Additions are Redlined, r_,e..aits are Strikeout (e) Department and using department shall mean any of the departments, offices, or other organizational units of the City, and any special agency whose affairs and funds are under the supervision and control of the City Council and for which the City Council is ex -officio the governing body. (f) Local bidder shall mean a firm or individual who regularly maintains a place of business and transacts business in the City. (g) Non-responsive bidder shall mean a bidder or prospective bidder who fails to furnish a responsive bid. (h) Professional services shall mean the services of architects, attorneys, auditors, consultants, engineers, physicians, or other individuals or organizations possessing a high degree of professional, unique, specialized, technical, or skill or expertise. , not adapt6ble to eornpeti t of land, trash serviees, instiranee bends or wty other serviee of a similar nature to the above engaged for ft putiettiar Frojeet or series of projeets. Gentmets thM are within formal biddiitg (i) Purchases shall mean purchases of supplies, services, and equipment and personal property and shall include leases or rentals of such items as well as transactions by which the City acquires ownership. 0) Purchasing agent shall mean the official designated by the City Manager for enforcement and administration of this ordinance. (k) Responsive bid shall mean an offer, submitted by a bidder, to furnish supplies, materials, equipment, or contractual services in conformity with the specifications, delivery terms and conditions, and other requirements included in the invitation for bids. (1) Services shall mean any and all services, including but not limited to, equipment service contracts. Examples are: special lighting repair services, plumbing, and other such related repair or providing of such service, labor or repair. (m) Supplies, materials, and equipment shall mean any and all articles or things which shal l be furnished to or used by any department. Section 3.24.030 Centralized Purchasing Division - There is created a purchasing division within the finance department of the City, in which is vested authority for the centralized purchase of supplies, services and equipment. Section 3.24.040 Purchasing Agent - There is created the position of purchasing agent. The purchasing agent shall be appointed by the City Manager to direct and manage the City's purchasing system. The duties of purchasing agent may be combined with those of any other office or position as specified by the City Manager. The purchasing agent shall have the authority to: (a) Purchase or contract for supplies, services and equipment required by any using department in accordance with purchasing procedures prescribed by this ordinance; such administrative regulations as the purchasing officer shall recommend for the internal management 9 Finance Subcommittee Recommended Modifications Additions am Redlined, Deletions are -Strikeoet. and operation of the purchasing division; and such other rules and regulations as shall be prescribed by the City Council or City Manager. (b) Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment. (c) Act to procure for the City the needed quality and quantity of supplies, services and equipment. (d) Endeavor to obtain as full and open competition as possible on all purchases. (e) Prepare and recommend rules and regulations governing the purchase of supplies, services and equipment for the City. (f) Keep informed of current development in the field of purchasing, prices, market conditions and new products. Recommend purchase of alternative products of a higher quality or lower cost. (g) Prescribe and maintain such forms as reasonably necessary to the operation of this ordinance and other rules and regulations. (h) Supervise the receipt and inspection of all supplies, services and equipment purchased to insure conformance with specifications. (i) Supervise the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any department or which have become unsuitable for City use. 0) Maintain appropriate records needed for the efficient operation of the purchasing division. (k) Encourage the standardization of similar equipment materials, and services used by the various City departments. (1) Maintain an approved bidder's list, bidders' catalog file and records needed for the efficient operation of the purchasing division. Section 3 24 050 Exemption from Centralized Purchasing-- The. City Manager may authorize,'srtd where legally required to do so 9hftll m+ertze in writing, er*aerbal1r, any department to purchase or contract for certain specified classes of supplies, services, or equipment independently of the purchasing agent; but such purchases or contracts shall be made in conformity with the applicable provisions of this ordinance. The City Manager may also rescind such authorization to purchase independently, by written or verbal notice to the department or departments concerned, unless otherwise prohibited by law. El Finance Subcommittee Recommended Modifications Additions are Redlined., Deletions are Strikeaut (d) If, at the discretion of the purchasing agent, and upon a finding SUIVOt ell WWWritten documentation, a distinct advantage is clearly in the City's best interest in regard to product uniformity, total cost of acquisition, and/or similar considerations. The City Manager or his designee must approve such purchases that exceed informal bid limits. (e) Selection of professional vice Providem, It is not mandatory ftt, contract for Section 3 24 120 Informal Bid Procedures - Purchases of supplies, services and equipment of an estimated value in the amount of between one thousand and ten thousand dollars may be made by the City Manager in the open market pursuant to the procedure prescribed below. (a) Minimum number of bids. Purchases shall be based on at least three bids, and shall be awarded to the lowest responsible bidder, except as provided within this Ordinance. (b) Solicitation of bids. The purchasing agent may solicit-anal-reeeive quotations by written request to prospective suppliers, or by telephone. (c) Response to Solicitation. If purchase cost is estimated to be five thousand dollars ($5,000) or less, verbal quotation responses may be accepted. If the purchase cost is estimated to be between five thousand and one dollars and ten thousand dollars ($5,001 to $10,000) written quotation responses should be obtained. (d) Record of quotations. The purchasing agent shall keep a record of all open market procurement and quotations for a period of three years after audit of the fiscal year in which the purchase was made. This record, while so kept, shall be open to public inspections. Section 3 24 130 Formal Bid Procedures-- Except as otherwise provided herein, purchases or supplies, services and equipment of an estimated value greater than ten thousand dollars, shall be by written bid with City Council approval prior to award to the lowest responsible bidder, pursuant to the procedure prescribed herein. (a) Notice inviting bids. Notices inviting bids shall include a general description of the supplies, service or equipment to be purchased, shall state where bid forms and specifications may be secured, and the time and place for opening bids. . 1. Published notice. Notice inviting bids shall be published at least ten days before the date of the opening of the bids. Notice shall be published at least once in a newspaper of general circulation, published in the area of the City. 2. Bidders' list. The purchasing agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidder's list or who have requested their names to be added thereto. The purchasing agent shall take appropriate affirmative actions to notify and encourage City -located businesses to submit their respective firm's names, addresses, telephone numbers; and their products and/or services in which they transact business. (b) Bidder's security. When deemed necessary by the purchasing officer, bidders' security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid Finance Subcommittee Recommended Modifications Additions are Redlined Deletions - - Strike Section tri -- Section 3.24.060 Requis�tio_ns - All departments shall submit requests to the purchasing agent or his designated representative(s) by standard requisition forms for the supplies, services, or equipment as required for their operations and purposes and within the limits of funds appropriated therefor. The purchasing agent will review each requisition and may question its propriety in view of budgetary and other concerns, and may require from the head of the requesting department a justification of the quantity or quality requisitioned. Requisitions shall not be required for purchases costing less than the Petty Cash maximum. Section 3.24.070 Use of Purchase Orders - purchase of supplies, services and equipment shall be made by purchase order or City Council approved contract. Except in cases of emergency as defined herein, no officer or employee of the City shall request a supplier to deliver supplies, services and equipment to the City unless a purchase order is issued by the purchasing agent or his designated representative. Purchase orders shall not be required for purchases costing less than the Petty Cash maximum. Section 3.24.080 Emergency Purchases - The purchasing agent may authorize emergency purchases free of all provisions of this ordinance upon showing by any department or officer that the purchase required is for the immediate preservation of health, safety and welfare of the people, repair to existing City equipment which impacts ongoing City operations, or for the protection of property and that there is a present, immediate and existing emergency which could not reasonably be foreseen. A confirming Purchase Order must be completed, after the emergency. Section 3.24.090 Encumbrance of Fund- - Except in cases of emergency, the purchasing agent shall not issue any purchase order for supplies, services or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. Section 3.24.100 Inspection and Testing - The purchasing agent may inspect supplies and equipment delivered and contractual services performed, to determine their conformance with the specifications set forth in the order or contract. The purchasing agent shall have authority to require chemical and physical tests of samples submitted with bids, and samples of deliveries which are necessary to determine compliance with specifications. Section 3 24 110 Purchases_without-Bidding/012M Market - Purchases of supplies, services, equipment and the sale of personal property shall be by bid procedures pursuant to this ordinance. Bidding shall not be required when one of the following conditions pertains: (a) The amount involved for purchases of supplies, service and equipment from a single vendor has a total estimated value of less than one thousand dollars within the fiscal year. (b) Contracts are for personal services, for professional and consultant services, legal advertising and for other, non-public works projects. (c) An essential or critical need requires that an order be placed with the best available source of supply due to time constraints. 5 Finance Subcommittee Recommended Modifications Additions are Redlined, Deletions are-&�� security; provided that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the City is responsible for the delay. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it 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 City Council may reject all bids and re -advertise. (c) Bid opening procedure. Sealed bids shall be submitted to the City Clerk and shall be identified as "bids" on the envelope. The City Clerk, or designee, shall publicly open all bids at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening. (d) Rejection of bids. At its discretion, the City Council may reject any and all bids and re - advertise for bids. However, when all bids exceed the authorized budgeted amount, the City Manager may authorize rejection of all bids and authorize re -bidding based upon the original specifications or as they may be modified, in accordance with procedures prescribed herein. (e) Award of bids. Bids shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided herein. (f) Tie Bids. If two or more bids received are the same total amount or unit price, quality and service being equal and if the public interest will not permit the delay of re -advertising for bids, the City Council may accept the one it chooses or accept the lowest bid made by negotiation with tie U:,7A— n+ +l,o +imA of the hid nnPnina Section 3 24 140 Sole Source Procurement- Situations in which a procurement of any product is obtainable only from a single or sole source, and not adaptable to competitive bidding, the purchasing agent, upon approval of the City Manager, shall negotiate with the purveyor of such equipment, product supply or service, so that the City receives the desired supplies, service, equipment or product, on fair and equitable terms., without observing the purehfting ordinmee. Section 3 24 150 Cooperative Purchasing Prop -rams - Purchases of supplies, services and equipment made under a cooperative purchasing program, utilizing purchasing agreements maintained by the state, county, or other public agencies, are exempted from the requirements of this Ordinance. California Public Contract Code Section 10324 authorizes the Department of General Services to make purchases of supplies, equipment or materials on behalf of cities in those instances when the purchases can be made by the Department of General Services upon the same terms, conditions and specifications, at a purchase price lower than that which the City can obtain through its normal purchasing procedures. In those instances where it is determined that purchasing 7 Finance Subcommittee Recommended Modifications Additions are Redlined, Deletions are&h4keattf through the State, the county, or other governmental agencies will result in savings to the City, the City is authorized to make such purchases. Section 3 24 160 Local Preference - In order to promote the economic health of the City and to encourage local participation in the procurement process, the City, in determining, the lowest responsible bidder, may take into consideration the sales tax (one percent) which would be returned to the City. Section 3.24.117' e of Re vch-d Materials - The City encourages the use of recycled paper and materials in response to all bids for supplies and services. Wherever possible, preference will be given to those vendors of, supplies and services to the City who utilize recycled materials, including recycled paper products. Section 3 24 180 Biddine for Public Works Proiects - Public works projects, as defined in the California Public Contract Code Section 20161 or subsequent amendments thereof, shall be bid, advertised and awarded in accordance with applicable sections of the California Public Contract Code. Section 3 24 190 Contractual Authority, - The City Manager is authorized to enter into contracts where the amount of the contract does not exceed ten thousand dollars with any single vendor within a fiscal year; provided there exists an unencumbered appropriation in the fund account against which said expense is to be charged. Contracts int exams oaf the City Manager's authority ;ever ten thottsend d must be approved by the City Council. In the case of Professional Services, where there does not exist an specific appropriation in the fund account against which said expense is to be charged, the City Manager's expense authorization shall not exceed five thousand dollars ($5,000). Section 3.24 200 »*plus Personal Property - The City Manager is authorized to determine, with approval of the City'Councii whether any item of City -owned personal property is surplus to the present or future needs of the City. He may designate the purchasing agent to fulfill this function. The City Manager may require periodic reports showing all City personal property which is no longer used or has become obsolete. (a) Items declared to be surplus shall be offered for sale on a competitive -bid basis. Bids may be solicited by written requests, telephone, public notice posted on City property, by advertisements in any newspaper or magazine, or by any combination of such methods. A record shall be kept of notices given and bids received. (b) The City Manager or his designee is authorized to sell to the highest bidder. Sale of any item or items with an estimated value in excess one thousand dollars shall be sold to the highest bidder, in accordance with the formal bid procedures, or any other means provided herein, with the approval of the City Manager. (c) When, after a reasonable effort has been made to obtain bids, no bids have been obtained for any item of City -owned personal property declared to be surplus, the City Manager or his Finance Subcommittee Recommended Modifications Additions are Redlined, Beietiefts are Strik,.....f designee is authorized to dispose of such items for the highest scrap value that can be obtained therefore, and if a reasonable effort to do so brings no opportunity to sell the same for scrap, he may cause its destruction or any other disposition thereof. (d) The purchasing agent shall have authority to exchange for or trade in, on new supplies and equipment, all supplies and equipment which cannot be used by any department or which have become unsuitable for City use. Section 3. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this day of , 1994. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1994 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1994, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: LYNDA BURGESS, City Clerk City of Diamond Bar 6 CITY TIN Brea j Bradbury Chino Hills Claremont Covina Dana Point Industry La Canada Flintridge La Quinta Laguna Niguel Lake Forest Lakewood Mission Viejo Pomona Rancho Cucamonga Rancho Palos Verdes Rolling Hills San Dimas Walnut lYorba Linda ity Man if specifically bud $5,000 PURCHASING ORDINANCE Bid Comments $20,000 i $10,000 j $5,000 $10,000 Would like to increase $5,000 $7,500 I $10,000 $10,000 i i $5,000 $5,000 If budgeted item, CM can sign i $10,000 $10,000 $10,000 Working on increasing limits $10,000 $10,000 I $20,000 $5,000 I $10,000 $10,000 $15,000 Upto $5,000 for Supplies Up to $25,000 for Prof. Svl $5,000 No max. to go to Council Spending Limits ager's Informal F Bid Amount $20,000 $5,000 to $20,000 $50,000 $1,500 to $10,000 $1,000 $1,000 $10,000 $1,000 to $10,000 $20,000 $1,000 $7,500 $7,500 $5,000 $1,000 to $10,000 $35,000 $1,000 $5,000 $5,000 9eted, no limit $1,000 - $5,000 $10,000 $500 -$10,00 $10,000 $10,000 $10,000 $1,000 - $9,990 $10,000 $1,000 - $10,00 $10,000 $10,000 $20,000 $1,000 - $20,000 $5,000 $5,000 $10,000 $1,000 - $10,00 $10,000 $5,000 to $25,00 $300-$15 ' 00 $5,00 Bid Comments $20,000 i $10,000 j $5,000 $10,000 Would like to increase $5,000 $7,500 I $10,000 $10,000 i i $5,000 $5,000 If budgeted item, CM can sign i $10,000 $10,000 $10,000 Working on increasing limits $10,000 $10,000 I $20,000 $5,000 I $10,000 $10,000 $15,000 Upto $5,000 for Supplies Up to $25,000 for Prof. Svl $5,000 No max. to go to Council ORDINANCE NO. 20 (1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMSOND BAR ESTABLISHING A PURCHASING SYSTEMS. The City Council of the City of Diamond Bar does ordain as follows: Section 1. Chapter 2.104 of Title 2 of the Los Angeles County Code, as heretofore adopted by the City Council of the City of Diamond Bar, hereby is repealed. Section I. Ado= _91 purchasing System. In order to establish efficient procedures for the purchase of supplies and equipment at the lowest possible cost commensurate with quality needs, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases, a purchasing system is adopted. Section 1. gcooe g; Qrdi�• The procedures established by this ordinance shall apply only to the purchase of supplies, equipment and services, and shall not apply to public projects as defined in Section 20161 of the California Public Contracts Code. section S. Centralized purchasing Division. There is created a centralized purchasing division in which is vested authority for the purchase of supplies and equipment. section 1. purchasing Agent. There is created the position of purchasing agent, who may also be known as the purchasing officer. The purchasing agent shall be the head and have general supervision of the purchasing division. The duties of purchasing agent may be combined with those of any other office or position as specified by the City Manager. The purchasing agent shall have the authority to: (a) Purchase or contract for supplies and equipment required by any using agency in accordance with purchasing procedures prescribed by this Ordinance, such administrative regulations as the purchasing agent shall adopt for the internal management and operation of the purchasing division and such other rules and regulations as shall be prescribed by the City Council or the City Manager; (b) Negotiate and recommend execution of contracts for the purchase of supplies and equipment; 1 (c) Act or procure for the City the needed quality in supplies and equipment at least expense to the City; (d) oiscourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases; (e) Prepare and recommend to the City Council rules governing the purchase of supplies and equipment for the City; (f) Prepare and recommend revisions and amendments to the purchasing rules; (g) Keep informed of current developments in the field of purchasing, prices, market conditions and new products; (h) Prescribe and maintain such forms as are reasonably necessary for the operation of this chapter and other rules and regulations; (i) Supervise the inspection of all supplies and equipment purchased to insure conformance with specifications; (j) Recommend the transfer of surplus or unused supplies and equipment L-stween departments as needed.; (k) Maintain an approved vendors list, vendors' catalog file and records needed for the efficient operation of the purchasing division. Section ¢. Purchasing Regulations._ The purchasing . agent shall be responsible for determining that the regulations and procedures in Sections 7 through 13 are carried out. Section 7_. Lzenntions 1=2 Centralised Purchasing. The City Manager may authorize, in writing, any department to purchase specified supplies and equipment independent of the purchasing agent; provided, however, that the City Manager shall require that such purchases be made in conformity with the procedures established by this Ordinance and shall further require periodic reports from the department on the purchases made under such written authorization. Section A. Estimates 91 Requirements. All using departments shall file detailed estimates of their requirements in supplies and equipment in such manner, at such time, and for such future periods as the purchasing agent shall prescribe. 2 Section 1. Aeguisitions. Using departments shall submit requests for supplies and equipment to the purchasing agent by standard requisition form, or by other means as may be established by the purchasing rules and regulations. Section 11. Purchase Orders. Purchase of supplies and equipment shall be made only by purchase orders. Except as otherwise provided herein, no purchase order shall be issued unless the prior approval of the purchasing agent or his designated representative has been obtained. Section 11. Encumbrance 21 ids. Except in cases.of emergency, the purchasing agent shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. Section 11. inspection I= Testing. The purchasing agent shall, in his or her discretion, inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order. The purchasing agent shall have authority to require chemical and physical tests of samples submitted with bids.and samples of deliveries which are necessary to determine their quality and conformance with specifications. Section 11. . Purchases of supplies and d equipment shall by bi$procedures pursuant to Section 14 through 29. Bidding may be dispensed with only under conditions stated in Section 30. Section U. formal fsealedt = Procedures. Except as otherwise provided. herein, purchases of supplies and equipment of an estimated value greater than Ten Thousand Dollars ($10,000.00) shall be awarded to the lowest responsible bidder pursuant to the formal bid procedure hereinafter prescribed. Section }d. Notice Inviting pormal Bids• Notices inviting formal bids shall include a general description of the article or service desired, shall state where bid documents and specifications may be secured, and the time and place for opening bids. Sectioa }¢. Published Notice = gorm31 Hids. Notices inviting formal bids shall be published at least ten days prior to the date of opening of the bids. Notices shall be published at least once for non-public projects and at least twice, not less than five days apart for public projects, in a newspaper regularly circulated in the City. 3 t o 17. Bporoved vendors List. The purchasing agent shall also solicit formal sealed bids from responsible suppliers whose names are on the approved vendors list, or who have made written request that their names be added thereto. Section }B. Bulletin Board Notice. The purchasing agent shall advertise the pending formal purchases by posting a notice on the public bulletin board at the City offices. section 11. Bidder's Security. where deemed necessary by the purchasing agent, formal bids shall be accompanied by security, either cash, cashier's check, certified check or surety bond, in.a sum equal to ten percent of the total aggregate of the bid, and shall be designated in the notice inviting bids. Bidders shall be entitled to the return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon his or her refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless the City is solely responsible for the delay in executing the contract. The City Council may, on refusal or failure of the successful bidder to*execute the contract, award it to the next lowest responsible bidder who is willing to execute the contract, or may reject all bids and readvertise. -- Section 3.4• other Formal $U Recuirements. A faithful performance bond and labor and material bond shall be required for all public projects, unless waived by the City Council, in an amount reasonably necessary to protect the best interests of the City. In addition, the City Council shall have authority to require a faithful performance bond or other bonds before entering into a contrxct other than a pudic project contract. If bonds are required, the focm.and amount thereof shall be designated in the notice inviting bids. Station U. Zormal D" Coe= Procedure. Sealed bids shall be submitted to the purchasing agent and shall be identified as "bids" on the envelope. The purchasing officer, or designee, shall publicly open all bids at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection in the purchasing office during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. Section 32• Beier gJ $4j3La]. Wa• In its discretion, the City Council may reject any and all bids presented and may cause readvertising for bids pursuant to the procedure hereinabove prescribed. However, when all bids exceed the authorized budgeted amount, the City Manager may authorize 4 rejection of all bids and authorize rebidding based upon the original specifications or as they may be modified, in accordance with procedures prescribed herein. section . Award 4I Formal Bids• Except as otherwise provided herein, formal bid contracts shall be otherwise provided herein, formal bid contracts shall be awarded by the City Council to the lowest responsible bidder. The determination of "lowest responsible bidder" shall be at the discretion of the City Council pursuant to findings and recommendations presented by the purchasing agent at the time of award of contract. Section 2A. T" $g33LSI Bids. If two or more formal bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertisinq for bids, the City Council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening or award of contract. sec= 11. 12 L4MLS1 DA"- When no formal bids or no responsive bids are received, the purchasing officer is authorized to negotiate for written proposals, and his or her recommendation shall be -presented to the City Manager and the award, if any, shall be made in accordance with applicable provisions prescribed herein. 3eC= 24. gRM Market 2Z =nf_ AQ Procedure. Purchases of supplies and equipment or an estimated value in the amount of Ten Thousand Dollars ($10,000:00) or less may be made by the purchasing agent in the open market pursuant to the procedure prescribed in section 27 throuqO 29 and without observing the procedure prescribed in sections14 through 25; provided, however, all bidding may be dispensed purchases of supplies and equipment having a total estimated value of less than one Thousand Dollars ($1,000.00). section JZ. g ym KUM= gf, informal Bj"- open market purchases shall, wherever possible, be based on at least three informal bids, and shall be awarded to the bidder offering the most advantageous bid to the City after consideration of price, quality, durability, servicing, delivery time, standardization, and other factors. section 21Notice Inviting $ 1!• The purchasing agent shall solicit informal bids by written requests to prospective vendors, or by telephone, or by public.notice posted on a public bulletin board at the City offices. 5 Section 19. Record 91 Informal Bids. The purchasing agent shall keep a written record of all open market purchases and informal bids for a period of two years. This record, while so kept, shall be open to public inspection. Section 94. Exceations 1Q Competitive Bidding Reguirement. Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures and requirements may be dispensed with in any of the following instances: (a) when the estimated amount involved is less than One Thousand Dollars ($1,000.00).; (b) When the commodity can be obtained from only one vendor; (c) The City Manager may authorize the purchase of materials, supplies, equipment and services where an emergency is deemed to exist and it is determined that service involving the public health, safety or welfare would be interrupted if the normal procedure were followed. All emergency purchases which would otherwise require formal bidding procedures made pursuant to this Section shall be submitted to the City Council for ratification at the next regular Council meeting after the purchase is authorized; (d) Contracts for personal services, for professional and consultant services, and for other, non-public projects and contractual services may be executed without observing the bidding procedures provided herein. The City Manager is authorized to enter into such contracts where the amount of the contract does not exceed Ten Thousand Dollars ($10,000.00); provided there exists an unencumbered appropriation in the fund account against which said expense is to be charged. Where the amount of the contract exceeds Ten Thousand Dollars ($10,000.00) the contract shall be approved by the City Council; (e) Any agreement involving acquisition of supplies, equipment or service entered into with another governmental entity. Sec= U. Aeaulations Regarding selection 11 Contract services. The City Council shall, be resolution, prescribe procedures, rules and regulations governinq the solicitation, selection and award of proposals or bids for the furnishing of personal services or professional or consulting services or for other contractual services, the contracts for which may be awarded without observing the biddinq procedures provided for in this Ordinance. Such procedures, rules and 6 regulations shall have as one purpose the obtaining of contractual services of the highest quality together with cost- effectiveness. Section 21. 8ural3m Supplies A" Eensioment. All using departments shall submit to the purchasing agent, at such times and in such forms as he or she shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete and worn out. Section 11. eMplus Supplies e Trade-ins. The purchasinq agent shall have authority to exchange for or trade in on new supplies and equipment all supplies and equipment which cannot be used by any department or which have become unsuitable for City use. Section U. SUK21us sup_ o_ = IS". The purchasing agent'shall have authority, subject to approval of the City Manager, to dispose of surplus supplies or equipment by auction or by sale or otherwise after receiving bids or proposals which, in his or her judgment, provide the maximum return to the City. Section 21. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places as required by Resolution No. 89-6. 1989. ADOPTED AND APPROVED this 1st day of August , I. Mayor I, LINDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular_ meeting of the City Council of the City of Diamond Bar held on the 18th day of July 1989, and was finally passed at a regular meeting of the city Council of the City of Diamond Bar held on the 1st day of August 1989, by the following vote: 7 AY -s: COUNCIL MEMBERS: Papen, Kim, Horcher, Mayor Pro Tem Forbinq and NOES: COUNCIL MEMBERS: None Mayor Werner ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS:.. None ---ATTEST: (. LYNDA urgass, City C14rk City of Diamond Bar `1\lolz\oRoloz 6.3 3 ORDINANCE NO. 20A (1989) AN ORDINANCE OF THE CITY COUNCIL OP TEE CITY OF DIAMOND BAR AMENDING SECTIONS 23 AND 24 AND ADDING NEW SECTIONS 24A AND,243 TO ORDINANCE NO. 20 (1959) PERTAINING TO COMPETITIVE BIDS FROM RESIDENT BUSINESSES AND RECYCLABLE MATERIALS. The City Council of -the City of Diamond Bar does ordain as follows: Section 1. Sections 23 and 24 of Ordinance No. 20 (1989) hereby are amended to read, in words and figures, as follows: "Section 1A. Award 91 Formal Bids. Except as otherwise provided herein, formal bid contracts shall be awarded by the City Council to the lowest responsible bidder. The determination of "lowest responsible bidder" shall be at the discretion of the city Council pursuant to findings and recommendations presented by the purchasing agent at the time and award of -cc - ntract. "Section F,S,. ! Formal Subject to the provisions of Section 24.A hereinafter, if two or more formal bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the City Council may in its discretion accept the one it chooses or -accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid openfAq or award of contract." 9ee1ioa-A. Sections 24A and 24B hereby are added to Ordinance No. 20 (1989), to read, in words and figures, as follows: "Section 2-a. Preference tR Businesses Located J& U! City. In determining the lowest responsible bidder for furnishing materials, equipment or supplies pursuant to a notice inviting bids, the City Manager shall award the contract to the lowest responsible bidder maintaining a place of business within the City limits if such bid is not more than one percent (1%) in excess of the bid filed,by the lowest responsible bidder who does not maintain a place of business within the City limits. 1 If the award is based upon the one percent (1%) preference, the contract shall specify that the same was entered into with a bidder maintaining a place of business within the corporate limits of the City of Diamond Bar. This Section shall not be applicable unless payment is to be made solely from funds and revenues of the City of Diamond Bar." -if "Section 211- Recycled materials/copying. "The City of Diamond Bar encourages the use of recycled paper and materials in response to.all bids for services and supplies to the City. Wherever possible, preference will be given to those vendors, suppliers and .consultants providing supplies and services to the City who utilized recycled mateials, including recycled paper products. In addition, documents submitted for City use shall be presented with "front to back" copying in order to minimize the amount of file space necessary for the maintenance of such documents as well as to reduce the amount of paper required in the provision of governmental serv=ices." Section 1. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places as required by Resolution No. 89-6. ADOPTED AND APPROVED this 26th day of June 1990. Tyor I, LYNDA. BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 12th day of June , 1990, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 26th day of .Tune 1990, by the following vote: 2 AYES: COUNCIL MEMBERS: Papen, Kim, Horcher, Mayor Pro Tem Forbing and NOES: COUNCIL MEMBERS: None Mayor Werner • ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS:.. None —.ATTEST: /'t' 61.12 LC i 0 6 C-�, LYNDA urgassCity -srk City of Diamond Bar V%101.k0W%03 4.3 3 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: February 7, 1995 REPORT DATE: February 2, 1995 FROM: Terrence L. Belanger, City Manager TITLE: AB 939 Compliance Evaluation for Calendar Year 1994 SUMMARY: The City's Integrated Waste Management Coordinator has completed his review of the City's diversion rate. Based upon information obtained from the City's permitted waste haulers the City has a diversion rate of 30.5% as of January 1, 1995. Although this is still above the 25% diversion requirement for 1995, it represents a decrease of 4.7% from the last diversion report dated May 1994. Staff believes that this decrease can be attributed to: (1) a slight increase in monthly disposal tonnage due to improved reporting by the City's permitted haulers; (2) an increase in the amount of green waste being disposed of by residents; and (3) the use of the AB 2494 Base -year Adjustment Methodology which modifies the City's base year waste generation rate by taking into account changes in population and economic factors. RECOMMENDATION: It is recommended that the City Council review and file the AB 939 Compliance Evaluation. LIST OF ATTACH MENTS:-XStaff Report _ Public Hearing Notification —Resolution(s) _ Bid Specification Ordinances(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? N/A 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _Yes X No Report discussed with the following affected departments: "I :III_VA401-yE Terrence L. Bea ger Frank M. er Troy L. B laff City Manager Assistant City Manager Assistant t the City M ag CAA Charles Abbott MEMORANDUM Associates, Inc. TO: Mr. Troy Butzlaff Assistant to the City Manager FROM: Mr. J. Michael Huls, REA Integrated Waste Management Coordinator DATE: January 17,1995 SUBJECT: AB 939 Compliance Evaluation, Calendar Year 1994 Charles Abbott Associates Inc. (CAA) has finished its review of the compliance status of Diamond Bar with respect to the AB 939 diversion mandate of 25% diversion by January 1, 1995. It would appear that the City of Diamond Bar has a diversion rate of 30.5% as of January 1, 1995. Based on the approved SRR element, the City is only off its projected diversion level for January 1, 1995, by 0.2% (projected 30.7% diversion according to the SRR element). CAA has attached figures showing what share of wasteshed is handled by individual hauler, what has been the level of waste disposed by quarter and by hauler, and the monthly disposal tonnages for the entire 12 month period. It appears that disposal tonnage is slightly up from last year (1993) due to improved reporting by haulers and increased green wastes (environmental effects from increase rainfall and lessened water conservation efforts by residents and businesses). Please note that the present calculated diversion rate is based upon use of the AB 2494 Base -year Adjustment Methodology. The method modifies the base year 1990 waste generation rate for economic indices and population, which is then multiplied by 75% to determine the theoretical maximum amount of refuse that can be disposed in 1995. CAA has used the economic and population factors supplied by the State of California to modify the 1990 waste generation amount and calculate the theoretical maximum disposal tonnage. These factors (Countywide statistics) are significantly different than those used last year (City specific statistics) to calculate the 1994 diversion rate of 34.7%. 371 Van Ness Way, Suite 200, Torrance, CA 90501 • 310-212-5778 CITY OF DIAMOND BAR\SOLID WASTE GENERATION REPORT\1994 Name of 1994 Month Hauler Jan Feb March ril M June Jul Se Oct Nw Dec Totals WMI R 1063.0 889.3 937.0 1099.0 1345.0 819.6 1061.5 1248.8 1242.0 9835 1126.1 895.1 12709.9 Como 649.3 634.6 7D2.3 622.8 668.9 711.0 676.9 715.7 690.5 665.0 614.9 651.1 8003.0 Box 0.0 0.0 0.0 0.0 0.0 0.0 DO 0.0 0.0 0.0 0.0 GO Subtot 48755 5266.3 5635.4 4935.7 20712.9 Mad R 30.0 30.0 30,0 30.0 30.0 30.0 30.0 30.0 30.0 30.0 30.0 30.0 360.0 Comp 160.0 160.0 168.0 168.0 168.0 160.0 160.0 160.0 180.0 180.0 180.0 180.0 2024.0 Box 0.0 6.79 0.0 11.1 11.1 5.18 0.0 0.0 9.87 0.0 0.0 0.2 44.0 Subtol 584.79 613.36 599.87 630.0 2428.0 MR 1,240.0 1053.4 1607.0 1477.9 1530.7 1597.5 14906 1596.1 13690 1244.0 1262.8 1301.3 16,770 Corm 101.0 164.48 210.0 211.2 208.1 198.7 194.7 302.38 230.52 21635 175.62 185.28 2398.3 Box 34.0 37.28 37.63 34.2 58.4 120.7 20.9 79.11 78.04 10.69 41.0 41.0 592.9 Subtot 4,484.7 1 5437.4 5361.35 4478.04 19761.2 Totals 3,277.3 2975.85 3691.93 3654.2 4020.2 1 3642.66 3634.6 4132.09 3829.93 3329.54 3430.42 3283.78 479021 PREPARED BY: J. MICHAEL HOIS, REA, CHARLES ABBOTT ASSOCIATES, INC. INTEGRATED WASTE MANAGEMENT COORDINATOR 4500 4000 3500 3000 2500 2000 1500 1000 500 0 DIAMOND BAR FIGURES RE: SOLID WASTE DISPOSAL JAN FEB MAR APL MAY JUN JULY AUG SEPT OCT NOV DEC R:C/I REFUSE DISPOSAL BY MONTH FOR CALENDAR YEAR 1994 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: February 7, 1995 REPORT DATE: February 2, 1995 FROM: Terrence L. Belanger, City Manager TITLE: AB 939 Compliance Evaluation for Calendar Year 1994 SUMMARY: The City's Integrated Waste Management Coordinator has completed his review of the City's diversion rate. Based upon information obtained from the City's permitted waste haulers the City has a diversion rate of 30.5% as of January 1, 1995. Although this is still above the 25% diversion requirement for 1995, it represents a decrease of 4.7% from the last diversion report dated May 1994. Staff believes that this decrease can be attributed to: (1) a slight increase in monthly disposal tonnage due to improved reporting by the City's permitted haulers; (2) an increase in the amount of green waste being disposed of by residents; and (3) the use of the AB 2494 Base -year Adjustment Methodology which modifies the City's base year waste generation rate by taking into account changes in population and economic factors. RECOMMENDATION: It is recommended that the City Council review and file the AB 939 Compliance Evaluation. LIST OF ATTACHMENTS:_XStaff Report _ Public Hearing Notification —Resolution(s) _ Bid Specification Ordinances(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? N/A 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes _X No Which Commission? 5. Are other departments affected by the report? _Yes _X No Resort discussed with the following affected departments: REVIEWED BY: Terrence L. Bea ger Frank M. LT6er Troy L. B laff City Manager Assistant City Manager Assistant t the City M ag CAA Charles Abbott MEMORANDUM Associates, Inc. TO: Mr. Troy Butzlaff Assistant to the City Manager FROM: Mr. J. Michael Huls, REA Integrated Waste Management Coordinator DATE: January 17, 1995 SUBJECT: AB 939 Compliance Evaluation, Calendar Year 1994 Charles Abbott Associates Inc. (CAA) has finished its review of the compliance status of Diamond Bar with respect to the AB 939 diversion mandate of 25% diversion by January 1, 1995. It would appear that the City of Diamond Bar has a diversion rate of 30.5% as of January 1, 1995. Based on the approved SRR element, the City is only off its projected diversion level for January 1, 1995, by 0.2% (projected 30.7% diversion according to the SRR element). CAA has attached figures showing what share of wasteshed is handled by individual hauler, what has been the level of waste disposed by quarter and by hauler, and the monthly disposal tonnages for the entire 12 month period. It appears that disposal tonnage is slightly up from last year (1993) due to improved reporting by haulers and increased green wastes (environmental effects from increase rainfall and lessened water conservation efforts by residents and businesses). Please note that the present calculated diversion rite is based upon use of the AB 2494 Base -year Adjustment Methodology. The method modifies the base year 1990 waste generation rate for economic indices and population, which is then multiplied by 75% to determine the theoretical maximum amount of refuse that can be disposed in 1995. CAA has used the economic and population factors supplied by the State of California to modify the 1990 waste generation amount and calculate the theoretical maximum disposal tonnage. These factors (Countywide statistics) are significantly different than those used last year (City specific statistics) to calculate the 1994 diversion rate of 34.7%. 371 Van Ness Way, Suite 200, Torrance, CA 90501 - 310-212-5778 Memorandum to T. Butzlaff Page 2 January 17, 1995 Due to the increase in disposal tonnage, and the different indices used, the City's diversion rate has apparently decreased from 34.7% to 30.5%. In actuality, diversion rates may fluctuate significantly based on what indices are used, and environmental effects, of which none are accounted for in the base year adjustment methodolology. The bottom line is the City has exceeded the 1995 mandate. It must monitor waste carefully over the year to assure that the diversion rate is maintained. City of Diamond Bar Waste Generation Summary Sector 1990 1994 Residential - 35,219 tons 29,840 tons Commercial 19,889 tons 13,062 tons Total 55,108 tons 42,902 tons Diversion, both sectors 8,646 tons not measured Waste gen, both sectors 63,754 tons 61,763 tons Diversion rate, % 13.6% 30.5% CITY OF DIAMOND BAR\SOLID WASTE GENERATION REPORT\1994 Name of 1994 Month Fleukr an Feb Mardi it June JW 6 Oct Nov Dec Tolls WMI R 1063.0 889.3 9370 10990 _= 1345.0 819.6 1061.5 1248.8 1242.0 983.5 1126.1 895.1 12709.9 Carrrn 649.3 634.6 702.3 622.8 668.9 711.0 676.9 715.7 690.5 665.0 614.9 651.1 WM 0 Box 0.0 0.0 0.0 0.0 QO 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Subtd 4875.5 1 5266.3 5M41 4935.7 20712.9 MW R 30.0 30.0 30.0 30.0 1 30.0 30,0 30.0 30.0 30.0 30.0 30.0 30.0 360.0 c m 160.0 1 160.0 168.0 168.0 1 168.0 160.0 160.0 160.0 180.0 180.0 180.0 180.0 2024.0 Box 0.0 679 0.0 11.1 11.1 5.16 0.0 0.0 9.87 0.0 0.0 0.0 44.0 Subtot 584.79 613.38 599.87 630.0 2428.0 WWIR 1,240.0 1053.4 1607.0 1477.9 15M7 15975 1 14906 1598.1 1369.0 1244.0 1262.8 1301.3 16,770 Corrin 101.0 164.48 210.0 211.2 2081. 198.7 194.7 302.38 230.52 216.35 17562 185.28 2398.3 Box 34.0 37.28 37.63 34.2 58.4 1207 20.9 79.11 78.04 10.69 41,0 41.0 592.9 Subtot 4,484.7 5437.4 5361.35 4178.04 19 761.2 Tdals 3,277.3 2875.85 3691.93 3654.2 4020.2 3602.68 36348 4132.08 3829.93 3329.54 3430.42 3283.78 47,@1 PREPARED BY: J. MICHAEL HULS, REA, CHARLES ABBOTT ASSOCIATES, INC. INTEGRATED WASTE MANAGEMENT COORDINATOR DIAMOND BAR FIGURES RE: SOLID WASTE DISPOSAL lot Qtr 2nd Qtr 3rd Qtr 4th Qtr REFUSE LEVELS IN THOUSANDS OF TONS BY QUARTER, 1994, AND HAULING FIRM 12000 10000 0000 Modern ■Western 6000 ®Waste 4000 2000 lot Qtr 2nd Qtr 3rd Qtr 4th Qtr REFUSE LEVELS IN THOUSANDS OF TONS BY QUARTER, 1994, AND HAULING FIRM 4500 4000 3500 3000 2500 2000 1500 1000 500 0 DIAMOND BAR FIGURES RE: SOLID WASTE DISPOSAL JAN FEB NAR APL MAY JUN JULY AUG SEPT OCT NOV DEC R:C/I REFUSE DISPOSAL BY MONTH FOR CALENDAR YEAR 1994 DIAMOND BAR FIGURES RE: SOLID WASTE DISPOSAL WESTERN MARKET SHARE OF REFUSE COLLECTION BY HAULER CITY OP' DIAMUND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: February 7, 1995 REPORT DATE: January 31, 1995 FROM: George A. Wentz, City Engineer TITLE: Installation of stop signs at residential T -intersections. SUMMARY: Based on the California Vehicle Code and staff's recommended standard of practice, on January 12, 1995, the Traffic and Transportation Commission concurred with staff's recommendation to install stop signs at the intersecting legs of the following residential T -intersections: Cold Spring Lane at Barbi Lane, Cold Spring Lane at Ambushers Street, Clear View Crest Drive at Rock River Road, and Gold Run Drive at Running Branch Road. RECOMMENDATION: That the City Council approve the installation of stop signs at the intersecting legs of the residential T -intersections of Cold Spring Lane at Barbi Lane, Cold Spring Lane at Ambushers Street, Clear View Crest Drive at Rock River Road, and Gold Run Drive at Running Branch Road. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification (on file in City Clerk's Office) _ Ordinances(s) X Other: 1/12/95 T&T Agreement(s) Minutes 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? X Yes _ No Which Commission? Traffic & Transportation Commission 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: N/A REVIEWED BY: fr Te rence . Belanger Frank M. Ushe City Manager Assistant City Manager CITY COUNCIL REPORT ramrrnn "A:" MEETING DATE: February 7, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Installation of stop signs at residential T -intersections. ISSUE STATEMENT: To install stop signs at the intersecting legs of the T -intersections of Cold Spring Lane at Barbi Lane, Cold Spring Lane at Ambushers Street, Clear View Crest Drive at Rock River Road, and Gold Run Drive at Running Branch Road. RECOMMENDATION: That the City Council approve the installation of stop signs at the intersecting legs of the residential T -intersections of Cold Spring Lane at Barbi Lane, Cold Spring Lane at Ambushers Street, Clear View Crest Drive at Rock River Road, and Gold Run Drive at Running Branch Road. FINANCIAL SUMMARY: The proposed recommendation, which will cost approximately $1,500.00, will be funded by the traffic signing/striping maintenance account. BACKGROUND/DISCUSSION: On December 8, 1994, the Traffic and Transportation Commission was presented and accepted the following recommended standard of practice for addressing and resolving future requests for stop sign installation at residential T - intersections. (1) Upon receipt of a request, it will be field investigated and scheduled for review by the Traffic and Transportation Commission; (2) The Traffic and Transportation Commission will determine merits of the request; (3) If a determination is made by the Traffic and Transportation Commission to install a stop sign at the leg of a T -intersection, this will be carried forward for installation; (4) If merits are uncertain or stop signs are contemplated for the entire intersection, a warrant study will be performed; (5) Upon completion of the warrant study, it will be presented to the Traffic and Transportation Commission for final consideration; and (6) The matter will then be forwarded onto the City Council for consideration/action. The Department of Public Works has received requests to install stop signs at four residential T -intersections. They are Cold Spring Lane at Barbi Lane, Cold Spring Lane at Ambushers Street, Clear View Crest Drive at Rock River Road, and Gold Run Drive at Running Branch Road. Incorporating the recommended standard of practice, staff field investigated these intersect- ions and the result of said investigation was presented to the Traffic and Transportation Commission on January 12, 1995. The Commission concurred with staff's recommendation to install stop signs at the intersecting legs of these residential T -intersections and to install W -7A (side road) signs on both approaches of the through streets. Said installation will reinforce the requirement to yield to oncoming traffic on the through street. PREPARED BY:David G. Liu/Tseday Aberra RESOLUTION NO. 95 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR INSTALLING STOP SIGNS AT THE INTERSECTING LEGS OF THE RESIDENTIAL T -INTERSECTIONS OF COLD SPRING LANE AT BARBI LANE, COLD SPRING LANE AT AMBUSHERS STREET, CLEAR VIEW CREST DRIVE AT ROCK RIVER ROAD, AND GOLD RUN DRIVE AT RUNNING BRANCH ROAD A. RECITALS. (i) The Traffic and Transportation Commission considered this matter at a public meeting on January 12, 1995. (ii) At the meeting of January 12, 1995, the Traffic and Transportation Commission determined that the installation of stop signs at the intersecting legs of the T -intersections of Cold Spring Lane at Barbi Lane, Cold Spring Lane at Ambushers Street, Clear View Crest Drive at Rock River Road, and Gold Run Drive at Running Branch Road as appropriate. (iii) The Traffic and Transportation Commission recommends installation of stop signs at the intersecting legs of the T -intersections of Cold Spring Lane at Barbi Lane, Cold Spring Lane at Ambushers Street, Clear View Crest Drive at Rock River Road, and Gold Run Drive at Running Branch Road. B. RESOLUTION. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. Said action is pursuant to Section 15.20.010 of the Los Angeles County Code, as heretofore adopted, by reference by the city Council; 2. The City Council hereby finds that the public health, safety, and welfare will be best protected by installing stop signs at the intersecting legs of the T -intersections of Cold Spring Lane at Barbi Lane, Cold Spring Lane at Ambushers Street, Clear View Crest Drive at Rock River Road, and Gold Run Drive at Running Branch Road as herein prescribed; 3. This resolution shall not become effective until the stop signs at the intersecting legs of the T -intersections of Cold Spring Lane at Barbi Lane, Cold Spring Lane at Ambushers Street, Clear View Crest Drive at Rock River Road, and Gold Run Drive at Running Branch Road are properly posted by the City; and 6. The City Council of the City of Diamond Bar hereby authorize and direct the Mayor to cause said stop signs to be installed as herein defined be established. PASSED, APPROVED and APPROVED this day of , 1995 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 , 1995 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk, City of Dianos:d Bar AGENDA ITEM NO. 9.2 NO DOCUMENTATION AVAILABLE INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Honorable Mayor and Fellow Council Member FROM: Gary Werner, Mayor Pro Tem-* Eileen Ansari, Council Member .,�,. SUBJECT: Redirection of City Involvement in Multi -Cultural Matters DATE: February 2, 1994 The City Council had directed that a Multi -Cultural and Human Resources Ad Hoc Committee be formed, and monthly meetings have been held since April, 1994. The Committee was open to all residents of Diamond Bar, and the cumulative expression of interest in the committee included approximately 39 persons. The largest number of persons attending any one meeting was about 13. More recently, attendance has dropped off to 4-6. At the City Council meeting of November 15, 1994, Richard Callard, who was selected by attendees at a Committee meeting as Chairman, presented a report to the City Council regarding the Committee's activities and accomplishments. However, during the past week, Mr. Callard has indicated to the Assistant City Manger that he has been unable to obtain participation of a sufficient number of people to make continuance of the Committee worthwhile. We believe that it is time that the.City of Diamond Bar redirect its involvement in Multi -Cultural aspects of the community by providing assistance and cooperation directly to cultural groups in the City as they need it. We believe that then the City sponsorship of the Multi -Cultural Committee may be brought to a close. We also recommend that appropriate certificates of appreciation should be provided to all our residents who have contributed their time to the Committee. CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Richard L. Callard, Chairman Multi -Cultural Committee SUBJECT: Multi -Cultural Committee Report - November 1994 DATE: November 14, 1994 1. The Multi -Cultural Committee is made up of citizen volunteers with Mr. Frank Usher, Assistant City Manager, as advisor and City liaison. 2. Membership is open to any citizen of Diamond Bar. This is the only requirement. 3. The Committee has adopted a Mission Statement which reads: "The United States is a Nation of Immigrants, and tolerance of diversity must be of importance to a working country or city. The purpose of this committee is to promote appreciation of diversity in the Diamond Bar Community." 4. There are 39 persons on the mailing list. They must have attended a meeting in order to be included on the mailing list. Some have only attended ONE MEETING. It has been suggested that to be continued on the mailing list, an attendance requirement be made. (The mailing is an expense in time and postage. It is evident that some of the persons will not participate and are not interested.) The mailing list could be expanded to include service clubs and could be a source of new members. We have had and plan to have speakers on various topics relative to multi -cultural aspects of our community. A. A Los Angeles County Sheriff representative spoke on gang activity. B. Mrs. Lana Badouin, Counselor at Don Antonio Lugo High School, spoke on "Multi -Cultural Education is a Day by Day Experience." Mrs. Badouin was instrumental in the adoption of the Multi -Cultural policy of the Chino Unified School District. Multi -Cultural Committee Report November 14, 1994 Page Two C. Mrs. Jean Kaufman, President, and Mrs. Shirley Phillips, member of the Human Relations Council of Pomona Valley, spoke on what they have accomplished and the dialogue programs that they present for better relations and to defuse potential problems. 6. We have attempted to include different cultural groups, but, while being able to attract individuals from diverse cultures we have not been able to make inroads into some - cultural groups due to the self-imposed isolation that they practice. 7. The Multi -Cultural Committee participated in the Ranch Festival Parade with the help of Diamond Bar Chinese Association. 8. Members of the Multi -Cultural Committee manned a table in the City booth at the Ranch Festival from beginning to end (three-hour shifts) and handed out flyers about the Multi - Cultural Committee and the program that was presented on the following Monday evening. 9. It has become evident that we must set goals in order to be effective and attract members. A. Continue to have speakers on appropriate subjects. B. We have begun a series of articles on the personal experiences of persons from different cultural backgrounds and their assimilation into the community. These articles are 250 to 500 words in length and we plan to have them published in the "Windmill", the "City Newsletter" and "Diamond Bar 91765/91789." The City Council, by supporting the members of the Committee in setting of their GOALS, without inference, will encourage a positive and effective Committee. Goals may be one step at a time, narrow in scope and more focused, BUT, THEY ARE GOALS THAT WILL BE ACCOMP-LISHED BECAUSE THEY COME FROM THOSE WHO WILL DO THE JOB TO ACHIEVE THE GOALS. 10. Richard Callard, as Chairman of the Multi -Cultural Committee, and his wife attended the Chinese 10-10 Celebration (National Day of the Republic of China) as guest of the Diamond Bar Chinese Association. We were introduced to various officials and extended the Best Wishes of the City of Diamond Bar. 11. Though we have 39 persons on the mailing list, not all have continued to attend the meetings, BUT, we do have a CORE GROUP that continue to attend the meetings and Multi -Cultural Committee Report November 14, 1994 Page Three have been advised by those persons who were guest speakers that we do have a start of an effective committee 12. Publicity is necessary and a positive City Council attitude will greatly enhance the activities of the Multi -Cultural Committee. RC:jc cc: City Manager Assistant City Manager From: Clair W. Harmony; To: Diamond Bar City Hall Dale: ZMMS; Time; 08:46:32 FAX 861-3117,]01; Pagel of 6 California Financial 95 FES � �• 47 k RE: Finance Information Dear Linda Burges: Please add this to your file. It contains updated information and the computer dropped Heights from City Of La Habra Heights. Clair Post -it'" Fax Note 7671 Datea pages1 5 To Oa Y- From Co./Dept r1' L Co. 7 n Phone #Q • (tel. . Phone # Fax # Fax # To: City Hall, Diamond Bar From: Clair W. Harmony For Information Call: 909-860-3463 At: California Financial Leasing Pages: 5 My Fax Number: 909-861-8881 Created using wnFax PRO 3.0 Deirina Technology Inc. From. Clair W. Harmony; To: Diamond Bar Cily Hall Dale: 2/9195; Tims: 09:47:15 FAX 961-8117.]ml; Paps 2 of 5 Council Memorandum To: Councilmembers Ansari, Miller, Papen, and Werner From: Councilman Clair Harmony Date: February 9, 1995 Subject: Lack of Financial Control - Elaboration of Management Letter Item #5 Conflicts of Interest in Appointment of Consultants without RFP Process In their management letter dated October 7, 1994, and released to the Council January 3, 1995 ("management letter"), Thomas, Bigbie, and Smith lists numerous weaknesses in the City's accounting and financial controls. Because the City's response dated December 13, 1994, was one of justification rather than implementation or improvements I take this opportunity to discuss in detail one weakness in order that the need to fully address this and the other weaknesses is apparent to the Councilmembers. Item #5 of the management letter was captioned "Planning and Engineering Deposits". Thomas, Bigbie & Smith noted that "During our review of the City's deposit accounts it came to our attention that the City is purchasing professional services directly out of these accounts thereby bypassing any budgetary control. Currently expenditures are not recorded as such but instead are merely a reduction of the deposit balances...." As a practical matter, it is not only budgetary controls but all financial controls from competitive bidding and council review have also been lacking in this area. I brought this matter to the council's attention last spring and was vindicated by the Moreland report which also took exception to these practices. Staffs response to the Moreland report dated September 29, 1994, confirms that it was policy not merely oversight which permitted the award of all "developer related and reimbursed contracts" without City Council approval and the competitive bidding required for such approval. How significant is such a departure from Council policy as established by Ordinance 20? By way of illustration, I have selected one consultant, Hardy M Strozier of The Planning Associates for review. The file does not indicate that Mr. Strozier was selected after an RFP process and clearly there was no City Council approval of the selection. The fees paid him and periods covered are: Period during which Invoice Amount Date of Check Services were Rendered March 1992 $ 1,662.50 May 19, 1992 June 8,001.20 August 4, 1992 April 5,019.01 September 15, 1992 May 3,168.61 September 15, 1992 From: Clair W. Harmony; To: Diamond Bar Ciy Hall Dale: ZMM; Time: 08:48:2D FAX: 881-3117.]01; Pape 3 of 6 Council Memorandum Councilman Clair Harmony February 8; 1995 Page 2 of 4 Period during which Invoice Amount Date of Check Services were Rendered July 5,888.77 (A) February 2, 1993 Voucher Register August 6,674.68 October 6, 1992 September 10,106.91 (A) February 2, 1993 Voucher Register October 15,234.31 (A) February 2, 1993 VR November 13,110.51 (A) February 2, 1993 VR December 8,562.50 February 16, 1993 January 1993 11,426.44 March 10, 1993 February 16,483.52 April 6, 1993 March 10,397.33 August 3, 1993 April 19,609.70 July 6, 1993 May 10,942.74 July 6, 1993 June 1,904.00 August 3, 1993 Total $148.192.73 Staff did not make any invoices after June of 1993 available for review. Staff indicated that the $44,340.50 payment in February 1993 (sum of invoices marked with an (A)) was because the developers were slow in reimbursing the City. I have noted the following deficiencies in this history: 1. Lack of a request for proposal and competitive bidding process. 2. Lack of City Council Review. 3. Payments in excess of City Manager's authorization by more than 1500%. 4. Lack of budget and budgetary control. 5. Lack of developer deposits, lack of timely payment, and accumulation of significant unpaid balances which all act to reduce the professional independence of the consultant. For example, by the end of January 1993, the developers owed Strozier over $64,000 some of which was over 6 months old. From: pair W_ Harmony; To: Diamond liar Gly Hall Dale: VOW Time. 08:40:10 FAX 861-M 17 jOI; Pape 4 of 6 Council Memorandum Councilman Clair Harmony February 8, 1995 Page 3 of 4 6. Apparent conflict of interest. In July1992, only four months after he began work on the South Pointe Master Plan, Hardy Strozier submitted a proposal for the initial environmental assessment of the Cloverleaf and Madison development projects in the City of Monrovia. This contract in the amount of $115,665 was awarded in September 1992 and the contract for the second phase in the amount of $198,505 was awarded in May of 1994. One of the major developers footing the bill for this project and on the selection committee is Gary Miller. Hardy Strozier began work on RNP's South Pointe Master Plan project in March of 1992. Although Mr. Miller claims that he sold RNP in February of 1991 and that he and his father-in-law had no interest in the property after that date, there is substantial documentation to the contrary. For example, the Subdivision Application submitted by RNP with respect to the South Pointe Master Plan, the Environmental Impact Report for the South Pointe Master Plan, the Corporation Deed of Trust and Assignment of Rents recorded by RNP with Los Angeles County, The State of California Statement by Domestic Stock Corporation filed by Jan. C. Dabney as Secretary of RNP on September 3, 1992; and the Agenda for the City of Diamond Bar Planning Commission meeting of April 29, 1993, showing the South Pointe Master Plan as the only agenda item all list RNP's corporate address as 151 Juanita Avenue in Glendora - the same as Mr. Robert L. Rumsey's, Mr. Miller's father-in-law's, home address. These documents are dated from 1991 to 1993. Thus, there is evidence that Mr. Miller could have had significant influence upon Mr. Strozier because of his ownership in Monrovia properties and payment of tens of thousands of dollars of fees to Mr. Strozier for services rendered with respect to the Monrovia properties. There is also evidence to support the fact that Mr. Miller could have influenced Mr. Strozier because of his involvement in RNP. Mr. Strozier's invoices show that he did meet with Mr. Miller including a meeting of September 21, 1992, with Councilmembers Miller, Papen, and Forbing in violation of the Brown Act. (A memorandum provided by the City Clerk listing Council meetings shows that the meeting of September 21, 1992, was neither publicly noticed nor public. This is attached for your convenience.) Yet, Mr. Miller sat on the City Council and did not advise it of these apparent conflicts of interest. He claimed that he had no conflicts of interest with the South Pointe Master Plan and would not vote merely to avoid the appearance of a conflict. Furthermore, Mr. Strozier did not volunteer the information in order to clear himself of a conflict of interest. It is also noteworthy that Councilmember Werner, as Planning Director for the City of La Habra Heights, had significant dealings with Mr. Strozier prior to March of 1992. Mr. Strozier represented Sequoia/Forum Country Clubs of California and their proposed Powder Canyon development of a golf course and 150 luxury homes on 540 acres in the hills of La Habra Heights. From: Clair W_ Harmony; To: Diamond Bar City Hall Dale: Zf9f96; Time: D8:60:29 FAX: 861-9117JO1; Ppe 6 of 6 Council Memorandum Councilman Clair Harmony February 8, 1995 Page 4 of 4 As planning director, Mr. Werner recommended the Powder Canyon development project which was overwhelmingly defeated at the polls in November of 1993 and on which the City of La Habra Heights took a financial beating. Although Mr. Strozier's client paid a $20,000 deposit, it left the city with $85,000 of unpaid project fees and $15,000 of costs associated with putting the project on the ballot, moreover, the city's total costs related to Powder Canyon were over $400,000 and costs not covered in the city's contract with Sequoia/Forum were absorbed by the City. Thus, poor project management created a huge hit for a city running on a $3 million annual budget. It is interesting that Mr. Werner did not see fit to advise the people of Diamond Bar that the City of Diamond Bar had hired as South Pointe Master Plan project manager, without public or Council review, a project manager who had aggressively advocated the development of the hillsides of La Habra Heights in a manner so unacceptable to and adamantly rejected by the people of La Habra Heights. It is also interesting that, after the financial losses sustained by the City of La Habra Heights, that Mr. Werner permitted the developers to get six months behind and $64,000 in debt to the City of Diamond Bar with respect to just one consultant. Furthermore, one must wonder how the City Manager became aware of and selected Mr. Strozier for this position. This reflects very poorly upon the professionalism and competence of the City's staff in hiring qualified consultants, of the consultants hired upon whose advice the City Council is basing decisions which will affect the quality of life for generations to come, of the directly involved members of the Council, and upon all members of the Council who continue to condone such actions. CC: chron2. M105.doc CITY OF DIAMOND BAR STATE OF CALIFORNIA SPECIFICATIONS FOR CONSTRUCTION OF HANDICAP ACCESS RAMPS IN DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BLOCK GRANT NO. D94-916 CITY OF DIAMOND BAR Phyllis E. Papen, Mayor Gary H. Werner, Mayor Pro Tem Eileen R. Ansari, Councilmember Clair W. Harmony, Councilmember Gary G. Miller, Councilmember Terrence L. Belanger, City Manager CITY OF DIAMOND BAR STATE OF CALIFORNIA FOR CONSTRUCTION OF HANDICAP ACCESS RAMPS IN ND BAR �OQROFESS���� PJ%D G• �Fy NO. 44053 m EXP. o Prepared in the f#qy „ apt City Engineer 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 Thursday, March 2, 1995, sealed proposals for the performance of the above described services. TABLE OF CONTENTS ITEMS PAGES RESOLUTION NO. 95- . . . . . . . . . . . . . . . . . . 1 - 5 NOTICE OF INVITING SEALED BIDS . . . . . . . . . . . . . 6 - 7 INFORMATION FOR BIDDERS . . . . . . . . . . . . . . . . . 8 - 13 BID PROPOSAL PACKAGE: BIDDER'S PROPOSAL . . . . . . . . . . . . . . . . . . . . 14 - 15 SCHEDULEOF PRICES . . . . . . . . . . . . . . . . . . . 16 - 17 LIST OF SUBCONTRACTORS . . . . . . . . . . . . . . . . . 18 CONTRACTOR INDUSTRIAL SAFETY RECORD . . . . . . . . . . . 19 - 20 AFFIDAVIT FOR CO -PARTNERSHIP FIRM . . . . . . . . . . . . 21 AFFIDAVIT FOR CORPORATION BIDDER . . . . . . . . . . . . 22 AFFIDAVIT FOR INDIVIDUAL BIDDER . . . . . . . . . . . . . 23 AFFIDAVIT FOR JOINT VENTURE . . . . . . . . . . . . . . . 24 FAITHFUL PERFORMANCE BOND . . . . . . . . . . . . . . . . 25 LABOR AND MATERIAL BOND . . . . . . . . . . . . . . . . 26 BIDDER'S BOND . . . . . . . . . . . . . . . . . . . . . . 27 NON -COLLUSION AFFIDAVIT . . . . . . . . . . . . . . . . 28 CERTIFICATE OF NON -SEGREGATED FACILITIES . . . . . . . . . 29 WORKER'S COMPENSATION INSURANCE CERTIFICATE . . . . . . . . 30 CERTIFICATE WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS . . . . . . . . . . 31 CONTRACTOR'S NOTIFICATION OF SUBCONTRACTS AWARDED. . . . . . . . . . . . . . . . . . . . . .. 32 - 33 NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY . . . . . . . . . . 34 MONTHLY EMPLOYMENT UTILIZATION REPORT . . . . . . . . . . 35 - 36 TABLE OF CONTENTS (CONTD.) ITEMS PAGES CONTRACTOR'S LIST OF FEDERAL AND NON-FEDERAL WORK IN BID CONDITION AREA . . . . . . . . . . 37 WEEKLY PAYROLL REPORT . . . . . . . . . . . 38 - 39 NOTICE OF SECTION 3 COMMITMENT . . . . . . . . . . . . 40 CONTRACTOR'S SECTION 3 AFFIRMATIVE ACTION. . . . . . 41 - 43 CERTIFICATION REGARDING LOBBYING . . . . . . . . . . . . 44 DECLARATION OF BIDDER'S QUALIFICATIONS . . . . . . . ... . 45 GENERAL PROVISIONS. . . . . . . . . . . . 46 - 50 SPECIAL PROVISIONS FOR CONSTRUCTION OF HANDICAP ACCESS RAMPS . . . . . . . . 51 - 62 STANDARD DRAWINGS. . . . . . APPENDIX A LIST OF WHEELCHAIR RAMPS AND VICINITY MAPS . . . . . . . APPENDIX B COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS . . . . . .APPENDIX C CONSTRUCTION COMPLIANCE REQUIREMENTS PACKET U.S. DEPARTMENT OF LABOR FEDERAL WAGE DECISIONS ffluvtz�_Tx THE FOLLOWING FORMS MUST BE COMPLETEDAND SUBMITTED AS PART OF THE BID PROPOSAL PACKAGE: - BIDDER'S PROPOSAL . . . . . . . . . . . . . PAGES 14 - 15 SCHEDULE OF PRICES . . . . . . . . . . . . . . PAGES 16 - 17 LIST OF SUBCONTRACTORS . . . . . . . . . . . . PAGE 18 CONTRACTOR INDUSTRIAL SAFETY RECORD . . . . . . PAGES 19 - 20 AFFIDAVIT FOR CO -PARTNERSHIP FIRM . . . . . . . PAGE 21 AFFIDAVIT FOR CORPORATION BIDDER . . . . . . . PAGE 22 AFFIDAVIT FOR INDIVIDUAL BIDDER . . . . . . . . PAGE 23 AFFIDAVIT FOR JOINT VENTURE . . . . . . . . . . PAGE 24 FAITHFUL PERFORMANCE BOND . . . . . . . . . . . PAGE 25 LABOR AND MATERIAL BOND . . . . . . . . . . . . PAGE 26 BIDDER'S BOND . . . . . . . . . . . . . . . . . PAGE 27 NON -COLLUSION AFFIDAVIT . . . . . . . . . . . . PAGE 28 WORKER'S COMPENSATION INSURANCE CERTIFICATE . . PAGE 30 DECLARATION OF BIDDER'S QUALIFICATIONS . . . . .'PAGE 45 THE FOLLOWING COMPLIANCE FORMS MUST BE COMPLETED AND SUBMITTED TO KELLEE FRITZAL, ADMINISTRATIVE ASSISTANT, AFTER CONTRACT AWARD AND PRIOR TO CITY ISSUING NOTICE TO PROCEED:- CERTIFICATE ROCEED:- CERTIFICATE OF NON -SEGREGATED FACILITIES . . . PAGE 29 CERTIFICATE WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS . . . . . PAGE 31 CONTRACTOR'S NOTIFICATION OF SUBCONTRACTS AWARDED. . . . . . . . . . . . . . . . . . . . PAGES 32 - 33 NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY . . . . . PAGE 34 CONTRACTOR'S LIST OF FEDERAL AND NON-FEDERAL WORK IN BID CONDITION AREA . . . . . . . . . . . PAGE 37 NOTICE OF SECTION 3 COMMITMENT . . . . . . . . . PAGE 40 CONTRACTOR'S SECTION 3 AFFIRMATIVE ACTION PLAN. PAGE 41 - 43 CERTIFICATION REGARDING LOBBYING . . . . . . . . PAGE 44 THE FOLLOWNG COMPLIANCE FORMS MUST BE COMPLETED AND SUBMITTED TO AELLEE FRITZAL, ADMINISTRATIVE ASSISTANT, DURING CONSTRUCTION AND PRIOR TO CITY FILING NOTICE OF COMPLETION. - MONTHLY XKPLOYXBNT UTILIZATION REPORT . . . . . . PAGES 35 - 36 WEEKLY PAYROLL REPORT . . . . . . . . . . . . . . PAGES 38 - 39 RESOLUTION NO. 95-05 A RESOLUTION OF THE COUNCIL OF TEE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR TEE CONSTRUCTION OF HANDICAP ACCESS RAMPS, 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 of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the construction 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 the Construction of Handicap Access Ramps at various locations in Diamond Bar. 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 the work specified in the aforesaid plans and specifications, which said advertisement shall be in the form and content as approved by the Interim City Attorney and a copy of this Resolution shall be contained in each specification package for the work: 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 X.M. on the 2nd day of March, 1995, sealed bids or proposals for the "Construction of Handicap Access Ramps at various locations" in Diamond Bar." THIS I8 A FEDERALLY A8S187ED CONSTRUCTION CONTRACT AND FEDERAL LABOR STANDARDS, INCLUDING TEE 'DAVIS-BACON' REQUIRE1IEfTS, WILL BE ENFORCED. IF FEDERAL ]IND STATE WAGE RATES ARE APPLICABLE, THEN THE HIGHER OF TEE TWO WILL PREVAIL. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California 91765-4177. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Construction of Handicap Access Ramps in Diamond Bar." 1 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 rate 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 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 Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 19391 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 appren- ticeship 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 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. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the -contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 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. 3 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 (loot) of the contract price thereof, and a labor and material bond in an amount equal to one hundred (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the,work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not. licensed as a Class A and/or C-8 contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, section 7000 at seq.) and rules and suiaspursuant thereto garm a proposal hanot been isued bythe ciyofDiamond The work is to be done in accordance with the 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. Upon written request by the bidder, specifications will be mailed when osaid a non -reimbursable payment Of 0 to charges and overheads. required to Ienter into a of Diamond Bar. The successful bidder will be contract satisfactory to the City copies of the plans and request is accompanied with cover the cost of mailing In accordance with the requirements of Section 903 of the '�r.eral Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California, reserves the right to reject any and all bids. 4 By order of the City Council of the City of Diamond Bar, California. .. Dated this seventh day of February, 1995. PASSED, APPROVED AND ADOPTED by the City Council of the City this 7th day of February, 1995. MAYOR ATTEST: i 't I, LYNDA BURGESS, City Clark of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the seventh day of February, 1995, by the following vote, to wit: AYES: COUNCIL MEMBERS: Ansari, Harmony, Miller, Mayor Pro Tem Werner, Mayor Papen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None City tlark, City o Diamond Bar California 5 NOTICE INVITING SEALED BIDS FOR CONSTRUCTION OF HANDICAP ACCESS RAMPS IN DIAMOND BAR RECEIPT OF PROPOSALS: Sealed proposals will be received at the office of the City Clerk, City Hall, Diamond Bar, California, until 10:00 o'clock a.m. on Thursday, March 2, 1995 for the furnishing of all labor and materials and equipment for the construction of handicap access ramps at various locations in Diamond Bar and other incidental and appurtenant work. The words "Bid: City of Diamond Bar Construction of Handicap Access Ramps in Diamond Bar, to be opened at 10:00 o'clock a.m. on March 2, 1995" 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 91765-4177. The proposals will be publicly opened and read in the City Hall, Diamond Bar, California at 10:00 o'clock a.m. on March 2, 1995. DESCRIPTION OF WORK: In compliance with the American Disability Act, the work to be performed or executed under these specifications consists of and includes the construction of handicap access ramps to Caltran's Standards at various locations in Diamond Bar and other incidental and appurtenant work necessary for the proper construction of the contemplated improvements, as indicated on the attached drawings. This is a federally assisted construction contract and Federal labor standards, including the 'Davis -Bacon' requirements, will be enforced. If Federal and State wage rates are applicable, then the higher of the two will prevail. COMPLETION OF WORK: All work shall be completed within sixty (60) calendar days after the Notice to Proceed is issued by the City, OBTAINING CONTRACT DOCUMENTS: Plans and Specifications and all contract documents may be obtained at the office of the City Clerk, City Hall, Diamond Bar, California 91765. " There is a charge of $10.00 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 Interim City Attorney. R 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. Copes 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 7 INFORMATION FOR BIDDERS 1, pgEPARATION 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, 1994 Edition (with all subsequent 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 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 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. 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. THIS IS A FEDERALLY ASSISTED CONSTRUCTION CONTRACT AND FEDERAL LABOR STANDARDS, INCLUDING THE 'DAVIS-BACON' REQUIREMENTS, WILL BE ENFORCED. IF FEDERAL AND STATE WAGS RATES ARE APPLICABLE, THEN THE HIGHER OF THE TWO WILL PREVAIL. THE PRINE CONTRACTOR WILL BE RESPONSIBLE FOR COMPLYING M1 ENFORCING FEDERAL LABOR STANDARDS. 5. 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 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. 6. 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. 7. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the sites 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 sites 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 sites 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. 8. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by,telegraphic request confirmed in the manner specified above prior to the scheduled closing time for receipt of bids. 9. 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 issued in compliance with this section shall be issued in the form, and be an insurer of the insurers, satisfactory to and first approved by the City in writing. Certificates of Insurance in the amounts required shall be furnished by the Contractor to the City prior to the commencement of work. The Contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. 9 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 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. 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 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. 10. INTERPRETATION OF PLANS AND DOCUMENTS• If any person contemplating submitting a bid for proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the City a written request for an interpretation of 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 document. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 11. 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 10 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. 12. 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. 13. 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. 14. 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. 15. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Gov. Code Sec. 4100 and following). Forms for this purpose are furnished with the contract documents. 16. 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." The form of such certificate is included as part of the contract documents. 11 17. 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. 18. 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 guarantee. 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 re - advertised. 19. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at 04380) 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. 20. "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). 21. 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. 12 22. 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. 23. PERMITS FEES AND LICENSES: The Contractor shall possess a valid business license prior to the issuance of the first payment made under this Contract. 24. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence work on or before the date of the written "Notice to Proceed" of the City and to fully complete the project within sixty (60) calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of one -hundred dollars ($100.00) for each calendar day thereafter. 13 BIDDER'S PROPOSAL FOR THE CONSTRUCTION OF HANDICAP ACCESS RAMPS AT VARIOUS LOCATIONS IN THE CITY OF DIAMOND BAR, CALIFORNIA. Date To the City Council of the City of Diamond Bar: The Undersigned hereby declares: 1995 (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 co -partnership, give the name under which the co -partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any 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. 14 (g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are 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 Telephone of Bidder city Zip Code signature of Bidder 15 SCHEDULE OF PRICES FOR THE CONSTRUCTION OF HANDICAP ACCESS RAMPS 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. ITEM ITEM NO. DESCRIPTION QUANTITY 1. Construct new 100 handicap access ramps TOTAL AMOUNT BID (IN FIGURES) $ TOTAL AMOUNT BID (IN WORDS) $ UNIT PRICES EXTENDED AMT. UNIT (IN FIGURES) (IN FIGURES) EA. 16 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. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within fifteen (15) 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 ADDRESS CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION 17 DATE 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 Subcontract work & portion ofthe 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 18 Bidder Signature Signature CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification Bid Date This information must include all construction work undertakenin 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 of 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 1994 TOTAL CURRRREENT YE 1. No. of contracts 2. Total dollar amount of contracts (in 100019) 3. No. of fatal t es 4. No. of lost workday cases S. 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. 19 The above information was compiled from the records that are available to me at this time and I declare under penalty Of perjury that the information is true and accurate within the limitations of these records. Name of Bidder (Print) Signature Address State Contractors' Lic. No. & Class. City Zip Code Telephone 20 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 b r indirectly, with any other bidder or person to putin any or that such other person shall refrain from bidding;advantaahtthe Citymofner sought by collusion to secure any 9edagainst 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 Signature day of 19 Signature of officer Administering oath (Notary Public) 21 AFFIDAVIT FOR CORPORATION BIDDER State of California ) ) SS County of Los Angeles ) first duly sworn, deposes and says: That he is a of, , 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 of for any other person. Subscribed and sworn to before me this Signature day of 19 Signature of Officer Administering Oath (Notary Public) 22 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 of for any other person. Subscribed and sworn to before me this Signature day of 19 Signature of officer Administering oath (Notary Public) 23 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 heauthority to make s making said and sign instruments for and on behalf of the pa 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 indahsha bid r that such other person shall refrain from bidding; any manner sought by collusion to secure any advantage 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 Signature day of 19 Signature of Officer Administering Oath (Notary Public) 24 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 lOFtDIAMOND o AR, CALIFORNIA hereinafter referred to as thsum ollars ($ ) 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. said tha THE CONDITIONS OF THIS dedLandTisNARE aboutStoHentertintorthe,annexed contract has been awar nsideration of the work under the contract with said City for co specification entitled and is required by idlcontractCity � glue this bond in connection with the execution of sa 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 otherwise specified herein; this obligation shall be null and void; 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 byallthe costsobligincurred by e and judgement is recovered, said Surety shall pay 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 1995. SURETY PRINCIPAL BY: (SEAL) BY. (SEAL) 25 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE nereinarter 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, which sum, well and truly to be made, we bind and several firmly by these presents. for the payment of ourselves, 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 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 attorneys 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 PRINCIPAL BY: day of (SEAL) 1995. SURETY BY• 26 (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 all on March 2, 1995, for the Construction of Handicap Access Ramps 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 , 1995 PRINCIPAL ( SEAL) SIGNATURE AND TITLE (SEAL) SEAL) SIGNATURE AND TITLE NOTE: SIGNATURES OF THOSE EXECUTING FOR THE SURETY MUST BE PROPERLY ACKNOWLEDGED. 27 NON -COLLUSION AFFIDAVIT To: The City of Diamond Bar: State of California ) ) SS County of Los Angeles ) being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited the other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or -conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any --overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the 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 not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature of Bidder STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) Subscribed and sworn to before me this 1995 Notary Public in and for the County of day of , State of California (Notary Public) 28 CERTIFICATION OF NON -SEGREGATED FACILITIES Federally Assisted Projects The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his con- trol, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he .will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or enter- tainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race,.creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. NOTE: The penalty for making false statements in offers is prescribed in 18 D.S.C. 1001. 1, Company. By: Title: Date: 29 WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen'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 the work of this contract, Section 3.04. DATE: (CONTRACTOR) By: (Signature) (Title) Attest: By: (Signature) (Title) 30 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 proposed subcontractor hereby certifies that he has , has not , participated in a previous contract or subcontract 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 the Federal Contract Compliance, a Federal Government contracting or administering agency, or the former Presidents Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. (COMPANY) BY: (TITLE) DATE: , 1995. 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). 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 or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 31 )N'fRACT NUMBER: KOJECT TITLE: _ SUBCONTRACTORS NAME ADDRESS, AND TELEPHONE NUMBER CONTRACTORS NOTIFICATION OF SUBCONTRACTS AWARDED DATE: PROJECT AREA: EMPLOYER ESTIMATED DATES IDENTIFICATION CONTRACT NUMBER AMOUNT STARTING COMPLETION EXHIBIT lU CRAFTS TO BE USED N M llOTE: INFORMATION TO BE PROVIDED BY CONTRACTOR WITHIN 10 WORKING DAYS OF AWARD OF ANY CONTRACT. WITH REFERENCE TO SUBCONTRACTORS, INFORMATION TO BE PROVIDED FOR ALL SUBCONTRACTORS REGARDLESS. "I6/IUKON11 AOT The undersigned hereby certifies that each subcontractor or lower tier subcontractor has been tified i writing of his equal opportunity obligations. Name and Title Signature Contractor Contractor's Address Telephone Number Employee Identification Number M M NOTICE OF EQUAL EXPLOYKENT OPPORTUNITY Project Number and Title To: Name of Labor Union, porker's Representative, etc. Address The undersigned currently holds a contract with the involving Community Development Block Grant funds from the U.S. Department of Housing and Urban Development or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract and in accordance with Executive Order 11246, the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. This obligation not to discriminate'in employment includes, but is not limited to, the following: HIRING, PLACEMENT, UPGRADING, TRANSFER, OR DEMOTION; RECRUITMENT, ADVERTISING, OR SOLICITATION FOR EMPLOY- MENT; TREATMENT DURING EMPLOYMENT; RATES OF PAY OR OTHER FORMS OF COMPENSATION; SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP; LAYOFF OR TERMINATION. This notice is furnished you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspic- uous places available to employees or applicants for employment. Name of Contractor Address Signature and Title Date 34 rxnlrlrr I> • --- ICI)VLn[Ir A111A15 MSA 11111 AI i(ii1�111 NI Ir, (AISw1�11n, h1 �,,. -- MONTH LY EMPLOYMENT 1 U. S. DEPARTMENT OF LABOR UTILIZATION REPORT MINORITY. FROM. Employment Standards Administration. OFCCP -- - --- -- - - -- - — - Thn report i1 ♦pawed by�aKulire r w 112A6, Sec. eilure to "Por" can sew 1 1n Cenlra<u urq 7 EMP( UYf NS r U. MO. =.(led- I.- -ted w wWended In whole or in pert end the X-Ltsclor may be declared Ineligible for FEMALE: TO: Irnhw Gorwnmerrt convad+of ledwatly aui+ted comlruclion cenncls. - - F l Df IIA( ---" NAME AN D LOCATION OF CONTRACTOR F tINU W l • A(il N(:Y - _ 6. WORK HOURS OF EMPLOYMENT (Federal BNon-Federal) 5. - TOTAL 6a. 6b. 6c• 6d. fat. 7. tl. TOTAL NUMBEFI OF TOTAL ALL BLACK ASIAN OF] AMERICAN NUMBER OF MINORITY CONSTRUCTION INDIAN EMPLOYEES EMPLOYEES Clewlllutions EMPLOYEES (Nol 01 HISPANIC PACIFIC OR MINORITY FEMALE TRADE BY TRADE Hispanic Oriyinl ISLANDERS ALASKAN PERCENTAGE PERCENTAGE NA1IVE M F' M I F M F M F M F M F M F - Journey worker i - APPFIgNTICIE ' TRAINEE µ�. •r ;t SUM•TOTAL 'l.ai„ 1 St:.ji .1• t;,.;', ,�; 1 , �.� r Journey worker 1 APPRENTICE TRAINEEl - IA }r, rr: •1{M i�l �. .1.�. .}4,1 : hiy ''ify�;.�•, ;ti:: 'ii.:'t• rn i SUBTOTAL '�,i' r} Y Iii 4 ' •r L Journey worker APPRENTICE 1 TRAINEE 1 A1.. Ijlt• ' rr,:rih'11��'k ri i'...J'. .l, 1 Y;Is�;1t,i•�•i1.,1 1 SUS -TOTAL .ti rr. ' 1 :F'f .M L'• IV Journey -- Journey worker APPRENTICE ! I 1 I TRAINEE L - r'Ui r. r'r�r ".,15. IE 1�/;'l •r1 '1, .t'>:I .a, ti 1.1 }:. •r... SUTOL BTA Journey worker . 1 APPRENTICE ' TRAINEE ' • u •cr re; d.r,. 1 • !' • "r••. /t.,,. , 1[.I; L' • � R . �r� '%..•^. . �• it t 7, SUBTOTAL 1�' . ...I .:k �: 'r�7 .,•l(, .,l : ' !, r; r •:7:.'I r T• r -_ J' _I ' I I TOTAL JOURNEY WORKERS j TOTAL APPRENTICES i TOTAL TRAINgES TA •i� f f. yh.' I%��r , �'.'vWILL., i r•�:QlI>5•,!!!1.. ...,.,b .1 ,a;.1• •`..Iyr. ••�:'% r GRAND TOTAL• ,. S tik r _ �L� ` - S - 11. COMPANY OFIC'S SIGNATURE AND TITLE • 12. TELEPHONE NUMBER (Include ane code) 1J. DATE SIGNED YAtiE FIAL INSTRUCTIONS FOR FILING MONTHLY EMPLOYMENT UTILIZATION REPORT (CC -257) The Monthly Utilization Report is to be completed by each subject contractor (both prime and sub) and signed by a • responsible official of the company. The reports are to be tiled by the 5th day of each month during the term of the contract, and they shall include the total work hours for each employee classification in each trade in the covered area for the monthly reporting period. The prime contractor shall submit a report for its aggregate work force and collect and submit reports for each subcontractor's aggregate work fora to the Federal compliance agency that has Executive Order 11246 responsibility. (Additional copies of this form may be obtained from the U.S. Department of Labor, Employment Standards Administration, OFCCP's regional office for your area.) Compliance Agency................................US. Government agency assigned responsibility for actual employ- ment opportunity. ISecu.a this information from the contracting officer.) Federal Funding Agency ......................... . ...US. Government agency funding project (in whole or in part). I1 more than one agency, int all. Contractor .......................................Any contractor who has a construction contract with the US. Gov - eminent or a contract funded in whole or in part with Federal funds. A nonty .......................................Includes Blacks, Hispanic. American Indians. Alaskan Natives. and Asian and Pacific Islanders—both mon and woman. 1. Covered Area ..................................Geographic arta identified in Notice required under 41 CFR 60-4.2. 2. Employer's Identification Number ....................Federsl Social Security Number used on Employer's Quarterly Fed - oral Tax Return (US. Treasury Department Form 941). 3, Current Goats (Minority rB Fenwill ................... See contract Notification. 0 4, Reporting Period ................................Monthly, or as directed by the compliance agency. beginning with. the effective data of the Contract. 5. Construction Trade ....... ......................Only those construction crafts which contractor employs in the covered area. 6. Work -Hours of Employment U-0 .....................a. The total number of male hours and the total number of female hours worked by employees in each elasaificotien. b. -e. The total number of male hours and the total number of female hours worked by each specified group of minority employees in each classification. Clatsif ca;.on ..................................The level of accomplishment Of status of the worker in the trade (Journey Worker, Apprentice, Trainee) 7 Minority Percentage ........................ .....The percentage of total minority work -hours of all work hours (the sum of columns 6b. 6c, 6d, and fie divided by column 68: lust one figure for each construction trade). 8. Female Percentage .... .For each trade the number reported in 6a. F divided by the sum of me numben reported in Ga. M and F. 9. Total Number of Employees ........................Total number of male and total number of female employees work- ing in each classification of each trade in the contractor's aggregate work force during reporting period. 10. Total Number of Minority Employees ......Total number o1 male minority employees and total number of femak minority employees working in aaoh Classification in each trade .n the Contractor's aggregate work force dur-ng reporting • period 36 F.DarrBtT 13 INMU"ON-k Attach to first CC-257 submitte& vubmi up a wouce Doty If work is comploto or mw contracts have bean rocelved. Contractors Nemo Bid C.Wsdition Area Lee Angleles Address WS «r1. M" s uo ..m w +w. r..r. 111 rar «tlM.11 I.II.I.Y M �IcwY PAYROLL ra1� A 111 m so " M1- 111. ��� PMI 11•Y . P:UI1111T III ...� .1.1.E T...� ...111. .� ...1 W a0 F.v r w.h ..+•. � Ilrrr r. ar.rr al.b 11) bIY l a.I r a.ao.Iaa w /oasts r w arw. W -101"M b - M w �raarr •..naa _ _. YY Irlar w aar� aa/Ia/ Mar1Y Mr..�__�- aar.1 Ir _ .ar r.ir so 40 M arra..Ygalr./ •• Par /...al ►.tl boo Ire r 1M raaall .Ytl aaaaaL Iaa1 +. aaaalr e..a YM r M to ...aa MM raanaa r .0,A<w to r as 6~ me -0 larar she Irrl -IC.rwrr r Ylltll/ -Waa .r.r H Mr PanaII W rrr .r aaaraorw artl ar.. ar./. nM. r.�b « rw«.► agar w a.r Y a waaw M M s.raa. saw Iw ars••aa.aa raraslla., w aaa.rr arl l IM CA 1..Yra Al. ra,.r or a. f/n.aaar a1 Lala/ .ara w C -00-r A. w ..aaaar IY WA W. U "a 10% 17 teal Ml: K dal. M7. M u Lt. VftL r G► .a.r./ Uda.. I..Iara a... a... 11 - .. 1.4. 4..I,a W. r.ra.ar .r w 1.a.M r .r•. ..g1y........r ...r./ . s..... 41M arw la) 10N1M ea.MGl al./llt{ Ml PAID 11a CAM" G -4YU me-. r .Iaak. aaY" r w .a..a l."—ad MNaa aw Mw /aro .. ..a.a.lw M W /..•aa , M K•lrrrM a lana IUM W — .e w .aaU.. % law 6-*, Yya .aY a..r as awAIItl r w aar.••l•a r.ara. Uraaaaa aa aalw r r. fwar.r.ltl 0. - MI OICl/lapnf IA IMI aN aaa•.r. Iahsi-oo w w M emlaW M"60" tl Y "' a.Yr 1a/ w .I+.a aa/ .-Im a.a. lar r. Yarn .aam, to laaaaa a M M a.tl WM W aa/aa.W Y.a. Y ." a..r. . aa. a..bwa, Is.l w aY.r4all.aa .r a..Ia lsa.ala Ir wO "-w « .44600 --"ft A alar .arae M Iaala..aw . 111 /a.. M. ga.a.rNw .•a•/I.aM . w -6- /a•w w r.Ia /.Mrr r • w.a aAa I aaa•r.a..." r.aaatl"..rwrr rW-. ear .aaaa.Uaaaala arae -.00P d ti lea Ik.- f « aarw.r.a a w 1-4 V..Iw %Para etiMwrtl M Lal-. « r .a -a --w-aa -.Pref 1 w.aa. • fa.N ra au/.aaaa.r r.W Ma �Inaw r yrlarlrMla Garr faal.s.I� U.saa 144/041 CaMaa' a..g «Vara arra r mu -- IITa"a""L'Y 1.1 lotl lel rrllaC /alrlGl GCMIIIA MI Mao IO s/a1IWC4b /apUl. IarlOft, OII NIOf:aMa{ a.r Ira /N rr//yrpw a/ • • M I M•1 a..rlrlr.. Y • a..N.a �M„ • M a .YMa Y Wa YaK r.na M. Pelee Mrr M a«U l/U.. r Par aa.N Y WfWI•4[a• O1r. M r.� • Nt....r Yl Yl'.a.r. tl. ..I'. O �M ' ({alae .a. M lafla 11 .r-_ ....=is^.1-. .or- __-• __- ..arl . W..U....N..-- /arrrl, rasr"aa .1 as..a To: Ii.• • _ • • :4 .Y Project Number and Title Name of Labor Union or worker's Representative Address The undersigned currently holds a contract with the involving Community Development Block Grant funds from the U.S. Department of Housing and Urban Develop- ment or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract and in accordance with Section 3 of the Housing and Urban Development Act of 1968, the undersigned is obliged, to the greatest extent feasible, to give opportunities for employment and training to lower income persons residing within the city where the project is located, and to award contracts for work on the project to business concerns which are located in or are owned in substan- tial part by persons residing in the city. This notice is furnished you pursuant to the provisions of the above contract or subcontract and Section 3 of the Housing and Urban Development Act of 1968. A copy of this notice will be posted by the undersigned in a conspicuous place available to employees ok applicants for employ- ment. Signature Title Name of Contractor Address Date 40 CONT WrOiR' S SEC.TICN 3 AFFIRMATIVE ACTION PIAN Project Number and Title The undersigned contractor agrees to inplement the following affirmative action steps directed at increasing the utilization of lower income residents and business concerns located within the City of 1. Take affirmative action to ensure that eaployees or applicants for em- ployment or training are not discriminated against because of race, color, religion, sex, or national origin. 2. Send a notice of the contractor's Section 3 caamitment to each labor organization or representative of workers, and post a copy of the notice at a conspicuous place available to employees and applicants for enplcy- ment or training. 3. To the greatest extent feasible, make a good faith effort to recruit for employment or training lower income residents from the city, and to award contracts to business concerns which are located in or owned in sub- stantial part by persons residing in the city through use of: Local ad- vertising media, signs placed at the project site, and notification to amity organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), opportunities Industrialization Center (OIC), Urban League, Concen- trated Employment Program, U.S. Employment Service, Chamber of Connerce, labor unions, trade associations, and business concerns. 4. Maintain a file of all low inane area residents who applied for em- ployment or training either on their own or on referral from any source, and the action taken with respect to each area resident. 5. ,Maintain a file of all business concerns located .in the city who submitted a bid for work on the project, and the action taken with respect to each bid. 6. Maintain records, including copies of correspondence, memoranda, etc., which document that affirmative action steps have been taken. 7. Incorporate the Section 3 Clause proviticns in all subcontracts, and require subcontractors to submit a Section 3 Affirmative Action Plan. 8. List project work force needs for the project by occupation, trade, skill level, and number of positions on the attached form. 9. List information related to subcontracts to be awarded on the attached form. Catpany Hare Signature Address 41 Title ESTIMATED FROACT WORK FORCL IRCAKDO%P w■Aip I .w. . — . . -- JOB CATEGORY ESflMATE RtltTLY OCCN►IED 1Y CVRREltTLY at FILLLD Fpyrp}I ►ERM EM►LOYELS UpgCCLlF1LD MITA LItAW ■ ■ FItofZWOMAL TtCHM1CIANs OFFICL CLERICAL SERrICE WORKERI OTHERS TRAM JOURNEYMEN NELt�-r' At/R. REPT00 TRAAIEE/ _ TItAD/b Jove IIELFERs AIT ILLY"CIS TRAmto 42 LIST Or t1.71CONTAACT0RS In compliance with the Provisions of the Goverment Code, section 4102, the uAdersilned bidder herewith seta forth the nanro and location of the Pace of renQi:sseorvioectoatthoogeeneral contractor pertoro work Of is or &boot the construction of the Work os improvement in as •y,oyat 3a sxce:a of one-half f1/Z1 of the one percent (101 of the Contractor's �ub61 bid, SO or the asptoiion f the work which will b• does by 0461 a o r ootractos ro se s WN's am 43 DECLARATION OF BIDDER'S QUALIFICATION The bidder shall furnish the following information: (Additional sheets may be attached if necessary.) (1) Address: (2) Telephone: (3) Contractor's License: State License No. (4) Type of Firm:* Individual Partnership Corporation Corporation chartered under laws of the State of (5) Number of years as a Contractor in construction work of this type: .(6) Three projects of this type recently completed: Contract Type of Date Owner's Name Amount Project Completed And Address (7) Person who inspected site of the.proposed,work for your firm: Name: Date of Inspection: * If an individual, so state. If a firm or co -partnership, state the firm name, and give the names and addresses of all individuals, co-partners, composing the firm.. If a corporation, state the legal name of the corporation, also names of the President, Secretary, Manager and Treasurer thereof, with their business addresses. NOTE: If requested by the Owner, the bidder shall furnish a notarized financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition. 45 E{4 zB:- i CERTIFICATION REGARDING•LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall completeto submit Standard Form -LLL, "Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required. certi f ication shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Name and Title Agency/Company 44 DECLARATION OF BIDDER'S QUALIFICATION The bidder shall furnish the following information: (Additional sheets may be attached if necessary.) (1) Address: (2) Telephone: (3) Contractor's License: State License No. (4) Type of Firm:* Individual Partnership Corporation Corporation chartered under laws of the State of (5) Number of years as a Contractor in construction work of this type: (6) Three projects of this type recently completed: -Contract Type of Date Owner's Name Amount Project Completed And Address (7) Person who inspected site of the proposed.work for your firm: Name: Date of Inspection: * If an individual, so state. If a firm or co -partnership, state the firm name, and give the names and addresses of all individuals, co-partners, composing the firm.. If a corporation, state the legal name of the corporation, also names of the President, Secretary, Manager and Treasurer thereof, with their business addresses. NOTE: If requested by the Owner, the bidder shall furnish a notarized financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition. 45 GENERAL PROVISIONS 1. GENERAL CONDITIONS All work shall be done in accordance with the Caltrans New Standard Plans NSP A88 and A89 for Curb Ramp Details, Standard Specifications for Public Works Construction (1994 Edition and all subsequent supplements), hereinafter referred to as Standard Specifications, Plans, Standard Construction Drawings and these Special Provisions. 2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS Section 2. Scope and Control of Work. 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 sites 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 of form additions not called for, conditional -or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. 46 (d) Bidder's Guarantee: 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 (10%) of the amount named in said proposal, and no proposal shall be considered unless such cash, cashier's check, certified 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, Instruction to bidders, General Provisions and Detail Specifications, shall be deemed incorporated in the Contract by reference. A Corporation to which an award is made will be required, before the Contract is finally executed, to furnish evidence of its corporate existence and evidence that the officer signing the Contract and bonds for the corporation is duly authorized to do so.. 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 City Engineer at any time prior to the,bid opening. Section 5. Utilities. This section is modified by addition of the following subsections. Subsection 5-1. Location. This section is amended by addition of the following: Utility Owner and Public Agency 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,, -CA 91766 (909) 865-3327 Webster's Refuse Disposal 13940 E. Live Oak Baldwin Park, CA 91706 (818) 599-1274 47 Western Waste 13793 Redwood Avenue Chino, CA 91710 (909) 591-1718 Southern California Edison Company 800 West Cienega San Dimas, CA 91773 (909) 592-3724 Walnut Valley Water District 271 South Brea Canyon Road Walnut, CA 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 (818) 458-3981 Southern California Gas Company Paul Simonoff-8241 1600 Corporate Center Drive Monterey Park, CA 91754 (909) 592-1799 Jones Intercable Walnut Valley 20965 Lycoming Walnut, CA 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 provided a work schedule. Subsection 5-2. Protection. Prior to starting any work, the Contractor shall arrange to have the work site investigated by Underground Service Alert (USA), and all existing underground utilities located. The Contractor is hereby alerted to the existence of utility lines. The Contractor shall carefully protect all lines during the course of construction. 48 Section 6. (blank) Section 7. Responsibilities of the Contractor in Conduct of His Work. Subsection 7-2. Labor is amended by the addition of the following• Labor Discrimination. No discrimination shall be made in the employment of such persons upon public works because of the race, color, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter 11 or Part VII, Division 2 of the Labor Code in accordance with the provisions of Section 1735 thereof. Subsection 7-3.1. Contractor's Responsibility for Work. 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 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, except such injuries or damages occasioned by acts of the Federal Government or the public enemy. Subsection 7-10.1 Traffic and Access is amended by the addition of the following: - 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. Payment for this work shall be included in other items of work and no separate payment will be made. Section 9. Measurement and Payment. 49 Subsection 9-3 is modified by addition of the following Paragraphs: The Contractor agrees that the payment of the amount under the Contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City of Diamond Bar, the City Council, the City Manager, and the City Engineer of any and all claims or liability on account of work performed under the Contract or any alterations thereof. Progress Payments. The Contractor shall be entitled each month to a monthly progress payment in an amount equal to ninety percent (90%) of the estimated percentage of actual work completed by the end of the preceding calendar month, based on the contract price less all previous payments, provided that in all events the City shall withhold no less than ten percent (10%) of the contract price until final completion and acceptance of the work. 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 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. Guarantee. The Contractor agrees for a period of one year, commencing with the Final Notice of Completion, to correct without additional charge to the City, and defects in the work performed, or in the materials furnished, by the Contractor and/or manufacturer, jointly. 50 SPECIAL PROVISIONS FOR CONSTRUCTION OF HANDICAP ACCESS RAMPS IN THE CITY OF DIAMOND BAR 51 The technical provisions are contained in the 1992 Edition of the Standard Specifications of the State of CalfforAia, Department of Transportation. The Standard Specifications set forth herewith will control the construction material and construction methods for this Contract, except as amended by the plans, special provisions or other contract documents. The following special provisions are supplementary and in addition to the provisions of the Standard Specifications unless otherwise noted. Only those sections requiring elaborations, amendments, specifying of options or additions are called out. 52 SPECIAL PROVISIONS FOR CONSTRUCTION OF HANDICAP ACCESS RAMPS IN CITY OF DIAMOND BAR ADDENDA 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 coples 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 sixty (60) calendar days. A move -in period of 10 calendar days will be allowed starting on the date in the Notice to Proceed. The counting of working days shall start on the date the Contractor elects to start work or the last day of the move -in period, whichever occurs first. 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 working 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. CONTRACTOR'S INDUSTRIAL SAFETY RECORD All bidders will be required to submit information as to their industrial safety record on the form provided in the Bid Proposal. A review of this safety record will be made prior to a 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. CONSTRUCTION SCHEDULE The Contractor shall submit a written proposed construction schedule to the City Engineer seven (7) calendar days prior to the start of work. The schedule shall list all necessary preparatory work, vegetation removal and street cleaning. 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. 53 WITHHELD CONTRACT FUNDS Pursuant to Section 4590 of the Government Code, the Contractor at his 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 CONVENIENCE AND SAFETY The Contractor shall maintain access to all adjacent properties. Furthermore this Subsection is amended and supplemented by the following paragraphs: DETOUR In no case shall traffic be diverted from the existing traveled way without prior approval of the City Engineer. TRAFFIC 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. Full compensation for complying with the above requirements shall be considered as included in the various items of work unless otherwise specified above. SANITARY CONVENIENCE Necessary sanitary facilities for the use of workman on the job shall be provided and maintained in an approved manner by the Contractor, properly secluded from public observation and in compliance with health ordinances and laws, and their use shall be strictly enforced by the Contractor. 54 STORAGE SITE 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 in advance by the City Engineer. CLEANING During the progress of work and upon completion of each part of the work as defined by the sections of these. specifications, the Contractor shall remove excess materials, waste, rubbish and debris, and his construction and installation equipment from the premises. Any dirt and stains caused by the work under the Contract shall be removed from the surfaces of the structure and from equipment and fixtures. Final acceptance of the work done under these specifications will not be given until the cleaning has been inspected and approved by the City Engineer. PRE -CONSTRUCTION MEETING The Contractor shall arrange a pre -construction meeting with the City Engineer and representatives from utility companies which shall be held a minimum of ten (10) calendar days prior to commencement of any work. California Code Section 20104 - Requirements and Procedures 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. (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 the payment of which is disputed by the local agency. 55 STORAGE SITE 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 in advance by the City Engineer. CLEANING During the progress of work and upon completion of each part of the work as defined by the sections of these. specifications, the Contractor shall remove excess materials, waste, rubbish and debris, and his construction and installation equipment from the premises. Any dirt and stains caused by the work under the Contract shall be removed from the surfaces of the structure and from equipment and fixtures. Final acceptance of the work done under these specifications will not be given until the cleaning has been inspected and approved by the City Engineer. PRE -CONSTRUCTION MEETING The Contractor shall arrange a pre -construction meeting with the City Engineer and representatives from utility companies which shall be held a minimum of ten (10) calendar days prior to commencement of any work. California Code Section 20104 - Requirements and Procedures 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. (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 the payment of which is disputed by the local agency. 55 (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, 1991. 20104.2. Claims; Requirements For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed 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 dollars ($375,000.00), the local agency shall respond in 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. (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. 56 (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time not greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 day of receipt of the local agency's response or.within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) If following the meet and confer conference, the claire or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with .Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meed and confer conference. 20104.4. Procedures for civil actions filed to resolve claims The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleading, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded upon good cause showing to the court. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedures, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 [commencing with Section 20161 of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. 57 (2) In addition to Chapter 2.5 (commencing with Section 1411.10) of Title 3 of Part 3 of the, Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who 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 pay money as to any portion of a claim which is undisputed except as other wise 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, 1991 and January 1, 1994 (a) This article shall remain in effect only until January 1, 1994, and as of that date .is repealed, unless a later enacted statute, which is enacted before January 1, 1994, deletes or extends that date. (b) As stated in subdivision (c) of section 20104, any contract entered into between January 1, 1991, and January 1, 1994, which is subject to this article shall be incorporated this article. To that end, these contracts shall be subject to this article even if the article is repealed pursuant to subdivision (a). CITY EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROVISIONS 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. 58 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 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 man-hours 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 ten (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. 59 (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, 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 that the Contractor or a 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 1h in every first tier subcontract and require each subcontractor to bind each further subcontractor with whom it has a contract to such provisoes, so that such provisions will be binding upon each subcontractor who performs any of the work 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. W 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 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. 61 BID ITEM : CONSTRUCTION OF HANDICAP ACCESS RAMPS DESCRIPTION Wheelchair ramps shall be constructed as shown on the plans. All work and materials shall conform to the 1994 edition of the Standard Specifications for Public Works Construction (Green Book) and these special provisions. PORTLAND CEMENT CONCRETE IMPROVEMENTS All portland cement improvements shall conform to the applicable portions of Section 30- 3 of the Standard Specifications and these Special Provisions and to the lines shown on the Plan. All improvements shall be constructed of concrete prepared in accordance with Subsection 201-1 of the Standard Specifications using symbol designation class 520-C- 2500. The certified tickets accompanying each batch of ready mix concrete delivered to the job site shall clearly show the class designation of the specified concrete mix in addition to the requirements of Subsection 201-1.4.3 of the Standard Specifications. This item shall include removal of existing portland cement concrete improvements as necessary for construction of wheelchair ramps and sidewalk. Concrete sidewalk, if to be removed, shall be neatly sawed in straight lines either parallel to the curb or at right angles to the alignment of the sidewalk. .If the sawcut in sidewalk would fall within 30 inches of a construction joint, expansion joint or edge, the concrete shall be removed to the joint or edge, except where the sawcut would fall within 12 inches of a score mark, the sawcut shall be made in and along the score mark. PAYMENT The unit price bids -shown on the proposal for wheelchair ramp construction shall be considered as full compensation for all labor, materials, equipment and all things necessary to complete the work in place involved with portland cement concrete improvements and no additional compensation will be made therefor. 62 APPENDIX A STANDARD DRAWINGS 63 r �'n •NnILr •• Yln G'r v.:lr Lro.rY• CASE lM1. Mnp n/• Ir :rcYNrur •°°' ,.. Mr. Ir.sS_ W—•i 1 11...�� riaw.'a. •I �l s;. No. :itaI—I drm CASE B W � •• m •b1N0. ��l al ;l`„altprrMn IM •rr SECTION A -A 5ECTIP.N 8-8 L•--�Yn: �zc w 7 II.Ianno c.rh lT——— SECTION C -C �.naxwr [� s Ir •• r •ow ;;JJ •r .b•.•I• 1�� � —f.. rol• , CASE 0 ' •, [w• �� �wletr at• IM: •n IM pen 1• Nr• n•:bnar.. _...go TES �,SE F I. rr panrna rN .rern 1• •pa ro ar SN x•1• S irw, SII alrlanc• Man •vh N x«h •r .b••sl It lu _ S•. WN. w rw..n ... Mr:Y.w•M Mtirn rlln V.^yrww. apxrNwet Yr I%^ A , IZ I.w• r aM L. 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IM Y N n I IMG !• •• a«rw••0 a Yr.n aoi. •T s - Il.xw •IN Yoo• vGror�r rraw a C we•Y.., al W le U.Si o .Y11arn Lw, r i.N pe.zaG o • arr• rn •IN• •r n. •wNYIaM S H.•oa•wnl 1 GI•'ll•w .IMrrlu Yrrll AFIr•a••_– .I – rn «•Iwr pw .--, — -- �� ifonl •GN of YNrotl rW MN MI 1. Oar Y•l W, IM .en•e,n 1 G/ IM I.M NIIM of IM rw Y1dl Mr• C•I.IYy [rr• W .-.- SN MI..S� It— •f IS•. G.SW'rrl aM rw INcxM•L ^i'•. Yb s• 7Yi'• rM•n• •Ge• •r •INroh - Y y I ` • m. rw Yrr nw• a N" rb• hrW rpn I '/.^vwr•• more.rlorpr Y.^w cYllr. t.• ve..Yp NrYL SM .vr«• •r rW •na CASE E row rN arawa I«• , ur ' s�nr"0ir • �ne�M1'.n.n""•lai � �a In lo. urn rw p p[alw N [.nlr •1 e � _ S•. WN. w rw..n ... Mr:Y.w•M Mtirn rlln V.^yrww. apxrNwet Yr I%^ A , .nrr.s•• pew�NG NIpL M..Yar•. aYr o:' N o'IM «pwgollm ar .ve. c CASE C s i•1� .Mn rnr• v. cn,..ah wr• gib• •T s - Il.xw •IN Yoo• vGror�r rraw a C we•Y.., al W le U.Si o .Y11arn Lw, r .Iln ItllarlrGUY h C •wNYIaM S H.•oa•wnl 1 GI•'ll•w .IMrrlu Yrrll AFIr•a••_– Ip OI IM w• I N Lo.w. C rb L R. UIr,S M•M•L narMp•..rYll• aM M Yefj�«xx�.:111N – rn «•Iwr pw .--, — -- �� ,n:.°e ain::. „ ��: DETAIL N C•I.IYy [rr• W .-.- CURB RAMP LIP DETAIL E. ror• r OOOVING DETAIL DETAILS NO. 1 NO SCALE CASE 1 cre ..r n �> � �°r°S $ECTIrfN P -A oviNt TOOYWG��E AIL m I�CEroq Mw Moo•. MMM a Y,14MI of K A ." K.N MM N G1Y' MMM.. rMaw...t.M w•. Flo..Me. e.nf•rw r• r•.4. N •.r• .re w INv.IN r• .anrK. r• Ma «o.. L Cervi. MN rK [w 7 .rrMl Irr• s IrMYKM K..M• .VIK• N.rK• f0�•r IM /w .Yrr.MtlYq W.M.. l MISrry w •...w wMww r.W 1. MI... •/Mr •rrq t.e[Irl•• •nwl m..a..,[.n« •r Iw w. r•q .Y M rMMK./ .r .rr✓. KMf rw K ti a...AnetNn .IM. ay. r••• ..n•.ruerMn H O Kre.o \\ /S"wl.f io SECLOtL s r.r[ K c.✓.A.. ovwrl[.r a r.wsr[.r.la. CURB RAMPDETAILS NO.2 NO SCALE EW STANDARD PLAN NSP ASS APPENDIX B LIST OF WHEELCHAIR RAMPS DIAMOND BAR BOULEVARD NEW CROSSWALKS SUB - AT RAMP TOTAL LOCATION 1. Fallowfield Drive N/E -0- S/E -0- 2 2. Cherrydale Drive N/W -0- S/W -0- 2 3. Crooked Creek Drive N/W -0- S/W -0- 2 4. Cold Spring Lane 4 -4- 4 S. Suqarpine Place NIB -1- S/E -1- 2 6. Alphabeta Entrance/Exit N/W -2- S/W -2- 2 7. Pathfinder Road N/W -1- S/W -2� N/E -I- -2- 4 S. Morning Canyon Road N/W -0- S/W -0- 2 9. Silver Hawk Drive S/W -0- 1 10. Kiowa Crest Drive N/W -2- S/W -2- 2 11. Acacia Hill N/W -0- S/W -0- 2 LIST OF WHEELCHAIR RAMPS DIAMOND BAR BOULEVARD NEW CROSSWALKS SUB - AT RAMP TOTAL LOCATION 12. Maple Hill Road N/W -0- S/W -0- 2 13. Mountain Laurel Way N/E -2- S/E -2- 2 14. Quail Summit Drive NIB -1- S/E -1- 2 15. MOntetino Avenue N/W -0- S/W -0- 2 16. Clear Creek Canyon Drive N/W -0- S/W -0- S/E -0- 3 17. Goldrush Drive 4 -0_ 4 IS. VOLAS CROSS LIGHT E/S -1- 1 19. VOLAS ENTRANCE/EXIT NIB -1- S/E -1- 2 20. K -MART ENTRANCE/EXIT N/W -1- S/W -2- 2 21. Gentle Springs Lane N/W -O- S/W -0- 2 LIST OF WHEELCHAIR RAMPS DIAMOND BAR BOULEVARD NEW CROSSWALKS SUB - AT RAMP TOTAL LOCATION 12. Maple Hill Road N/W S/W 13. Mountain Laurel Way NIB SIB 14. Quail Summit Drive NIB SIB 15. Montefino Avenue N/W S/W 16. Clear Creek Canyon Drive N/W S/W S/E 17. Goldrush Drive 4 18. VONS CROSS LIGHT E/S 19. VOLAS $NTRANCE/EXIT NIB SIB 20. K -MART ENTRANCE/EXIT N8�W 11 21. Gentle Springs Lane N/W S/W 2 2 2 2 3 4 1 2 2 2 LIST OF WHEELCHAIR RAXpS DIAMOND BAR BOULEVARD AT NEWCROSSWALKS RAND LOCATION SUB - TOTAL 22. Palomino Drive NIB -0- SIB -0- 2 23. Sunset Crossing Road 4 -4- 4 24. Highland Valley Road S/W -2- NIB -1- S/E -2- 3 25. Solitaire Street NIB -0- SIB -0- 2 26• 1161 N.Diamond Bar Blvd. N/W -0- S/W -0- 2 27. Temple Avenue S/W -1- 1 SUBTOTAL 61 1'10 M B 920 3 E l T r '� + • 4 if .61bPSP ♦ q' � 69 F � � ♦ tia 73, N c DIAMOND BAR . •'v �t t,(p BOULEVARD AT FALLOWFIELD co CL I CS < S +} OV �'4 J r r � + rj �V \ 6i a Yy" ap l a '1. 0 ♦ Al A\� O, r ~ �� ~^ '�� 28 ti a A •, `.� � • '� S 3i 32 ILI/.. , % as �q �°j �. •� ,�'i 1` p� a, � ,y � � z ve S 46 a � .. a �+,��rO �� • ,�o � \,� b ,� is � S? 53 54 43 ip 4b 90 ♦ ti oa, �� S � � �3 K '• `IV m ♦ � ti ti fi � if '. b`� T9` b w •� e '� s oSS 6, 41 a .6 .Ab lb 0 4p s911; , vR 40 g Qi "b i. sc,° /� to N In �o N ii tn 9v ♦ '+b Z r `\ �' ,��• �/ ,� DIAMOND BAR BOULEVAKD AT '♦� �'' �� �h COLD SPRING LANE 12, °5O 4Z S 3 �� ?� do >w 0 of • w w » w w \ •J'L �, �. N . w wo .m we w. tiA.,'A h do 1 This YAr a ssEp OoMY ' LpMIuErAIL O;gL-ISN CyO�USEMIT[RE7 TT \� a\}'�,• GFV\�\�\ yF ANY LI MACypACSTM6."M.A 11w \4\� ^ P \\ m h •� L ����Ak b, �� ,j' h F ^�\ _ 0 N HOUSE NUMBERING LEGEND ACCESSQrOtO BLOC[ NUMBER 260001) SEIWEP 6EPt 00. Ao0 N__—_CITY SONY �� �+ �• rte- > j\\ o� � ��') ,'�� • •�, ` �� ,?ir, � ``,s� // VOF- SIC -16 Oto I �. R •47 b Vt 90. lk 00 i i o :agar ' ♦ �P �/ q DIAMOND BAR BOULEVARD WT .� �q\ PATHFINDER ROAD AND �2, S g N►� MORNING CANYON ROAD �� S //�►►► �} i� i \lx�\'(40 JOB ss x ti 4400 .apt ��►r- 9 o 4 r ° too 179 178 o To 41�)i% .Ve h e7tap lya 1600 • Off' rv��r [r rc �a[a is t t Ar 3*' 183 i ti 3 / O � a 4 IV P6 •t 6 �!, Oy R R y� •�^1 ti SEC 20 B-1309 �p� R _ DIAMOND BAR BOULEVARD SEC 2$ AT h^'� SEC 29 � P� \ J� E �� ALPHABETA ENTRANCE/EXIT �'� / �i DRIVEWAY AND SUGARPINE PLACE O If o It /` of i! 4kb LO 41\ !!� �w 14 00 I� of ! r) �' : ss v7 / -own UM all PIP 40 !AI 1110 � V O ,t;LLI � cc s` ' �( .+ `t cn 0 p N , s. ` \ � ti \ i i 68 tJ \ • H 337 DIAMOND BAR BOULEVARD AT TR ;N0 31151 • m� M gJ SILVER HAWK DRIVE ^ ' m� n RS20 _d_ 76-51-56 4@owe os, ' a ,3� A qS .. 4 f e'er ' ,6 i r S ;5� 40. O' 48�,���L . w �� 1 � � m ', r /sem ' •�{.� � /� �S � l" \ � �S N O INS a ras •fir 6 r a� •� >, �, 4 op 66 1 � ' 7 OL a m . ao t O B 6 wfy O m � 9 �} a \\� �1 'p — m a In 43 + � r cp lb 41 � � \\O � •rte \� � , � � '� ` ,� ` <�''i� � rte\' 1 9� : � • t' d' � � 1 DIAMOND BAR BOULVARD AT S' .� 9 I° 4b KIOWA CREST. DRIVE AND S .p �• % ACACIA HILL DRIVE •*+ � / ,5 �� $ nj t v O y 417 ip > 1J0 '� 23 1p '20 47 N °° 1 y / •'� op � • � X09 / +'• / // / fo It Z6 qp t JKQ � `�0� �♦ �� x � � DIAMOND BAR BOULEVnnu'\'% 12 / / MAPLE HILL ROAD AND MOUNTAIN LAUREL WAY LPA° / / ro 1 CO k �• i Q ,i'L . / / 000,a9 � / `*� + OR 44 Ln 4 f u 0 s3'• , �m , z m o if pro 't, ./ •a g�8 ® LTJ A, w (Z) u) 1 s se 5249 w� r 1 ,7,,73 DIAMOND BAR BOULEVARD AT QUAIL SUMMIT DRIVE AND � ,s�' ti �e � I•ti'r0 fi a MONTEFINO AVENUE 3 •� /8 ` to 2� 3 ` •� �r �. if �'•� 2 •4 f � • w no rt w• s 1� TNm "Ar K Milo tA•o• �ryY�AA�TCI{O�N A�AD.A�IF iI��OEM� / ,Vol j� '� 8 Jj ��TR�IIr ESi MTS T11 �M Ari % �°' w �•�" 'qv,, o TR N 0 31060 i s tiA •si � \��. �•r • r• 4O `'• ' J i sumutr apt 0 J ��� y `'�• r� r ' a S� s$ HOUSE NUMBERING 8 ,� w �• iu �� 'm 0 SG LEGEND e �• ♦ ► ^ 4 ACCESS OENZO A "GuK 0W10EQ 00• 1. a oi. ♦. / in h ML ie wa GO q CITY •CIYI — - - — 'Q as, r 1, ELM SETBACK am OT0i Q •�, �Qa, 't, d 3 SO P ;� amwimalve : .Lai •a, �i, S Si RSTPA•ELEoMR===U= c' • �� w ` 1l, e� 3S 3j $? \ ,r SI- ` n•A•n own on worms W O` O R 0"�! LOCATION: cm or ouro.o BAA IRE Z2NES4 �O� C LOS ANGELES COUNTY 4 Q' TR S' N 0 31062 'wr MAP NO 111 H 341 �OQ� �B 857-6�-6cJ �4G DEPT OF PUBLIC WORKS AMO. 070 `_' N 74 N" N, 4 _ 23 46ap o' 1 �3 14 m N V K In E sono _ DIAMOND BAR BOULEVARD AT CLEAR CREEK CANYON DRIVE o N � M -M r e14 13 12 11 10 9 W W b Y„ ta 61Vl 10 3 it SO ON z�, g 8 - Vis: • r— r, I .w 82 79 so SO cm PK* 0 E 1ClOp = pa -I1 �0 4 K1 t�► a • .64 N sp Id rl 14 Od O • �� AD '•r 6 �y� nor, m ss, v •sss I '°' Z K + �' • ♦c 47 �f �� 1� 2t �+ • ZZ S ae a c 3, E c 66.41 I)f it gMeptUSIA 06 44 to. 1p �\45 46 �,... 41 42 ti s 0 38Im p5 in 0 ss, • — r sa. ``� DIAMOND BAR BOULEVARD AT o: ``s Ir sob •na ass GOLDRUSH DRIVE b'w, : • ss rf b, •off =� Ifj 702. • r 4s 4• h •� f T R N G ���. aCO M B 9981. rn. &IX6 4`24 lft $ S4 i ^� 430 to s' RO O � • �� � 0 m� of m ^� 2 wOD h I U n �co SEE MAP 114 H 345 Y 2\6ti2 � 8 s p. DIAMOND BAR BOULEVARD AT VOLAS CROSSWALK �J1N VONS ENTRANCE/EXIT 6" MART ENTRANCE/EXIT 6 65 a GENTLE SPRING LANE Z9 jE 4 .. • �0vuf" .,SOA _ /� !� '•->,. 4 `" !tiY � ti0 � tirA VV rT Ay 4 17 ar .� `\$ 6 om_ a_ Q. AQ1 / ►p � � `•: tom, la. SS't /Sd 2 Gp 011L Z3 ro +� s' 0 _ oo �,. r . t.1 .000 n � e W y .. .2jM-' .•t r Kai C-..� a ,-' ,.. : � r -t = r`t'e �"- R . 1 ....a_ ,.--•.`: _ _ _ -. `. ... W DIAMOND BAR BOULEVARD AT a 6 _ ( PALOMINO DRIVE 6 65 a 6 9 01 lip Of o 2 •'�._ V_ � `�° Nu�O QT 1, ��. ' y � r1� ��I 3T' , Q 0 1 J ! -,ti O to S ! to o � cp 9 asp- �.► w9' `- -. 2 S CP. ro ro dop 9 `,p F� ,���► . � .. = : 'sem ,�_; 4,120,000 L O PLACED 06-84 s W LJ •,� ms's h co tvl�DIAMOND BAR BOULEVARD i 0-0Y AT %fir' `so `� `°o Q SUNSET CROSSING ROAD 10 Ali + / /� . ► ' ` 8 soh Q ? ti ! co Z 20 •2s r@o •347 r° sO a n^ 9 co ~ ' "/0 1^V "° 1 ev soo 01 00, Fe SUNSET GRA �� *,.; �� F :. q 100 N p �� \0' .. I W ti 23.o00 L o C O s � AZE0 00-86 N G� r '°Q w r IL 1 w \ DIAMOND BAR BOULEVARD AT \� HIGHLAND VALLEY ROAD !0 / / \ O\ 4� / \\� SEC 34 1 - \G \5 IA IK� IL fl. JI <7�� 27 W { U. r,- l0 ; �°� o 76 75 74 a: so PVT?{?Q ` yj \ Q 0 OR 2d FIRE_ IN~_jy3 v qpo �v+ {000 �o �4 4 ) CONDO 3 _T5 :' 4'. 5 itk t:•� i' 7.9 Atk SEE MAP 123 H 345 f _ " N44 C) ti o) >ti O cc �0 z O__ \\ V A 3 O DIAMOND BAR BOULEVA SOLITAIRE STREET 7` yp �9ti 6 �" Lo f as A<3 i 19 eek J J "O A�3A s U V T D � ORAPRiJCS • ��� o io zo ao M6TERO w �o 0 90 100 200 no TELT 'L THIS MAP IS BASE UPON INFORMATION AVAIL �SLE(1gFROM i.i g COUNT NAAYEcc)fyy�T0D15CL,AfYS Iw�A1% ANY N BEIPRESENTO[N T 1NFF5C01� z g _776- 12 - g2 93 - ti 414 V> O DR a o, 28 ` s fti�B J J 4 1 -Q4 Z3 i DIAMOND BAR BOULEVARD AT AQ 1161 N.DIAMOND BAR BLVD. TEMPLE AVENUE f G a 1\2 METtR! N� ���.� ."W3 . THIS MIP IS BASE PR^ ._w 1 % L 93 HOUSE NUMBERING LEGEND ACCESS DENIED HOUSE NUMBER OOi"a BLOCK NUMBER 25000) I��NgFFLOO`R`CCMATggICcON A1MN.pA�YLC �FI�IOEY COUNTTRE)i� / D�AIr ANAA�T�CcLuu T. yy'•7 ANY INA TH MIIPAY• s 6 7 7 12 L 93 HOUSE NUMBERING LEGEND ACCESS DENIED HOUSE NUMBER OOi"a BLOCK NUMBER 25000) APPENDIX B LIST OF WHEELCHAIR RAMPS GOLDEN SPRINGS DRIVE NEW CROSSWALKS SOB - AT RAMP TOTAL LOCATION 1. Calbourne Drive 4 -0- 4 2. Arkley Drive N/W -0- N/E -0- 2 3. Lemon Avenue 4 -4- 4 4. Rapidview Drive S/W -0- S/E -0- 2 S. Gona Court S/W -0- S/S -0- 2 6. Brea Canyon Road 4 -4- 4 7. Adel Avenue S/W -0- S/E -0- 2 8. Raquet Club Drive S/W -0- S/E -0- 2 9. Sycamore Canyon Park S/W -0- Entrance S/E -0- 2 10. Golden Prados 4 -0- 4 11. Sabana Drive N/W -0- S/W -0- 2 LIST OF WHEELCHAIR RANDS GOLDEN SPRINGS DRIVE NEW CROSSWALKS SUB - AT RAMP TOTAL LOCATION 12. Torito Lane N/W -0- 1 13. Sunset crossing S/W -2- N/W -1- 2 14. High Knob 4 -0- 4 15. Temple Avenue S/W -2- S/E -2- 2 SUBTOTAL 39 SEE MAP NO III H 3c o,te� - TR N 0 _28258 �j 9* LD �, MB 774 7 ` 22 25 �F Fo O S \,/Aa / od' p] G_ A oC Aofti 64 42 OY,ip ?ems / 02 , V Tr 46 I 4s �► /S n s. 68 w a 7p S o -10 �• '.. GOLDEN SPRINGS DRIVE AT .96 �O CALBOURNE DRIVEIwoq� �2 tF, nj oa Da. 2p* O S6 S8 ' i t2 1 10 9 ao s 6 15` 14 13 0) °,' i3lb lb Ab s��, -• 1300 °%' y N � 45 46-7 1 ' 09 c so \A 42 41 `040 17 9 � SQ �^ '� /�►� 8 n��, tF43 0 J 9 �8 S 0 ,5, �,0 3' 2 S 7°\'S ► ER is �'6 S r° l w o Q N 93 a 96 02 N A �O d 43' m 6 N O N B V 2 ASN . �jr b a ILA AS 29 ,1 0 �6 s 00y � 1%,13 \«� , 61 Al o�'4(I a6 A .i ' V , 00 �0 9 �, FM 2~749.5 42 - 3 GOLDEN SPRINGS DRIVE AT MR ==---------------- ,9 ARKLEY DRIVE AND Z% �� \ �► \ LEMON AVENUE zo vivo 3Z 3% °�° 4 _ r- w I �9, , 4 N Y t4 J (P co m S° `� 42 a 06 N ` � ZD s '] w �� 60 s�, J L V �00 J M �+ s .� 803 < a , 17 �► a7, — ou �, o>> 4 S \ tit ei �J•?? °� ss, <7000 0 � ss t w • ' -.. r. • \S i *� sa L�3. • �} S �°p off$ ,>f S '\` wA l N 45lb Ul w fi►,�� W F ,,� Lo � CLE }. . �,8 S x,a' qP 6 �E ° ' SPRING " CT g , Yi :s �7 ` '� (° \ gyp �� / ti 7042 a , o� �^ 8 9 •s. - oo �°° Gi "/ 6 �O •s g� y�° 58I'll w lop 2 � A CtD .,� 'i. '� • � '' :- � q .ate. R �9 � 2 �6 $,�''ko ti`d�' i psi' � ''b tb -� o�s�,O �'� ago �a� ��• \pti ti 8 � � • "� 101 0 37 �,� 32 110 .� Z v� Q� MB X49 - 21-24 N Ov V. M B SEE MAP NO 108 H 329 `V-CESS4E'a A K DER --- T s+u 6 p 924 J 79 & t 3 St sem° r �J f''S, *�.t • v 2 � • 8 6 V tt76o FM a AA "03 A5 Al +TWK 54 X) ,Z2 +CS 0-5. n M ,_w 6 9 °wY P"t .aw �E� J 3 9 MOO ,3Z- s � f P� ^ ' t� .y m 5 ti ffi+ Ito !�. j 1 2 3 x y J .� •4 °, ►* V� •4 0 c •E1t*�` 7 89 .� 0IP qpo .•i 6 p + 7b GOLDEN SPRINGS DRIVE AT l a �' is, '20i' °' 1\\\ r ' N 1 v Ev. 93 t38 \ ' \\2 �r N 6v 7 O • .20 iji BREA CANYON ROAn �� �., .o ��• 99 7 CON :as o 42 1 • ie ++ W On -MAI tso ►8 + 9Z 93 94 t . ss �' �„ss .� + ` ' 137 . t• l9 or. 165 98 g9 91 w ^ �a�► . so i c 3 � I 7 9 r - - IP 0 64 .' 37 », . a<2 � a. �,. �4;"Q E . a T 35336 1. 5 3$ 3, , . a� 2 In �'� R 3 ,as 39+�.. 2 r►• n . N62 40 •a. " ... 6 . ae = 122 123 124 �Fo s ,cam„ 1 . sz . z•61 41 �' . w 27 Iv �+ a Ito 121 00 �o . •o :I Z6 125 p �O 'a� 9 ♦2 y; F2g •a• • t MB -1076 4 yti'1. ..z58 A3 .�,• . as 0V . M 7 AA Ili . W 31 O S�' -44-45 0 6 a!s 2\� \ 555 �. m — .9+3so 2 p $ o \� X54 A ��� 4 r �� W . N M l'� �• p' g . Co f ` «7 W .,z 133 t34 .,e o ,• •w W~ 4;.- -S3 J76 52 it •�• 0 ss• < 132 `na•9t 49�'+' 4..ss36 �' , .n 131 %o6 + ,p 50"' O r. s t08 107 aso S Gam/ 133 7S' W . ss 111 Ho 1p9 S = y = S . ea 70 717Z 75 76M ,M N ^ "�% r"' , i i J. a ,°• Ul So in 50 ' r 10 I le N gi• W�f1 �: .•• l�q g7• ^�• •� �• W 1p V 5 • • r 5: 66 + �`�� • 036 ' 3 . �s — to 55 38 1 53 . 't 54r S W316 to 5 • A 39 t\ �� E p 54 5 + 5 A z` " 29 20 .a _ • 30 •y. 5 . r ' - GOLDEN SPRINGS DRIVE AT ; sMppNl-, RAPIDVIEW DRIVE AND SEC 8 Sa a -- 17 GONA COURT 6 2, 733 3 2 23 - 24 F w 21749"6 1 - M �V7 LotR O's .� Cge-191-3 FEs��1�.1� 45 6 ' 4g9 c� 1 Z3 . u r 90 1�sg34 h1 G � t t36 so EE93� t31 %77 I �! N ODS \1,1 ou t� U 10 �1 $ EES!'► E • 'ice �� .• >± �~7 8 0 0;o= e •fes 9 8 2 3•- �pEt '131 til x So ij 'o i 135 : o • w 81 > R �. \_'3 LA no F wo ^ (� Is`J .• S� 19 18 17 16 15 0 N — 0 � n'• �:a' 9 �S 20 22 23 2'4 _ 0 0 137 �► � to .t1 s �►� ,�• t1 � � � � I 93 / S1 A t9 p N tV Ih A� • �a � �' � as+ � a` • r a. � a+ o O_ v EE'xi' q0 3735- O 2 ,>• ' 5 3 R A /1:t` 206-3 . or64 57 38 3'' Z7• $ e; > 3 0 p r• 6 .X63 39 "' s Z\ . a �' w ! 2.33'` 2.67 . w62 40 i3 0 a 8�• 168 1s .r61 41 vs a S° f 87421 9 •7060 42 M. � tT •2' 42 .. N ,� , a M6 436 9 WN 1/ a a J 8 •�1 a 5Y7 58 Ai y. 4Ei� y` <s• 85 .fi71 44Ap wa d` r in rIle o s0, >' . 2272 • y.56 A`� +, . s+ 63 •?. J . 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Sj / yu 6Dr i o �O //� ( 117s rl "gyp �� /} O4') 60 sa, `s� „ GOLDEN SPRINGS DRIVE 0 39, r'8 y AT TEMPLE AVENUE 4� 7 *j 80 �rOq / //J ° lb VIO � V 2 080 C' \ 03 , 2 f r'� ,4 �jf //o�OO / _•/ ` ^ 8p �,� 30 $O /s ?� yRS 76 - 51 - 5E we J6� ,tjmpiavmezr; lw.. i hMR. Rapkywsake $tato and lmd oo minae sftdmd Iartltdim &m odr,>1d0o, tn, xaity M .Nd tar LANA AAd NKIS o w b, pnstiw fteltrfi, pA11� Oeotr. W tM atp•ae d tapl� Sts. o to Ort d rra, tett tdrr► W r awww woL ApMdlo.rd mova dad &.".<dIna b anode tel .`n 1Mw = ow�momel mrd• pnrttaho pvsm so Lta —1 - fn 01 pataaU g/Mes, ad �r Ma W70lsa denrrr tnOta r lo'rt 1�� �� 1K � b'r"r .a! Ayr ttprtr♦ mulomm lble rnae cels 90MLS&Egaw boom MOP ata opti.ebfea aai tied /ew � d�llru■a dew of iner dal sot pd dtglbMadorodwb .nftb •r �r,�tkarttr .,wtrr rs ot.ad ti � tar N�.e►r.a.t.d tp.wetdr� lartrto• .0.6�`tbr�ir.� ra.e! f >�TM m 1 �eap>A 0. 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Ar.i...tt ,w,a,�.to.t. as res tr*lnt or mlotwtm ttaaiv* Hdard Manor 1"iltMCS >i d uy tarava k=n AS d .ar.ardK lis clowu &arta a m on to Ort d MARE a orf PV%Q tr rsnp doa m rva DtiO1 wan 1rp tMA d y of •t4ovu of woVdwt Obd tyusiwul pawn gbo, so nnuoto ba"dtaw. en MM$" Us wldAW t wo&-N. d a pi %a., 60, 1dltW Ge^ b was n to rvmm d Ifo til of wood"AM41AK bVidb taA �r At in &M b + WYFAn§ e trr f we. Amor r odl w ardj to pntWn or rwrir 10 0 it raoRd bomme WESSON towisa MWNAMM 11 EXAM 111111 h 120 Pel lomA d oo lrwmw .brn «apl0l.ta dtocl%Wk lm+ ft ym Sr so arm fLrumrmo to ptovdtrf Mo vtdR ttRO pass ipe bdtre�ro bra bre 6teior�el to" d a l�fr vbks newts h td a amu m. tau dffAd dtaadtN* arts w llattd AWNY I 1 .04 rataeea Don't Forget.. APPENDIX C COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS NarICE TOAlL . P.MPLOYEES nal or Federallon Fedey r ction vrojectsFid Constu You must be paid not less than the wage rate in the schedule posted with this Notice for the w kind of work you perform. You must be paid not less than one and one-half OVEWMG times your basic rate of pay for all hours worked over 40 a week. There are some exceptions. WoNng AppRENTM Apprentice rates appy only to apprentices properly registeredunder approved Federal or State apprenticeship programs. M If you do not receive proper pay, contact the Contracting Officer listed below. or you may contact the nearest office of the wage and Hour Division, U.S. Department of nmal�� In hundred conwnxMthm-ugghout the country. They aro listed in the U.S. Gdvemment section of most tieUA Depwitnept = directories under. ErriplbyvMM Standards Ach tit► oearbwN a LdW wy. ane Nei. awa Aespond Immediately au pespond after n,ome•Yeme•,r of work CDBG CoMTVjWT COKVLXANCB RBQOIRXKZMB A A x w RBQOIRiMEXl'B 1. Rqual Zoployiresentsn opportunity requ for contracts in axcass of $10,000 a, yapioyment goals b. Certification of Nonsegregated ities c. Certification with �gard to the Perform- ance of previous Con- tracts or Subcontracts subject to the Equal opportunity Clause and the Filing of Required Reports d. Federal EEO Provi- sions a. Contractor's Noti- fication of subcon- tracts Awarded f, Notice of Equal Employment Opportunity CONTRACTOR'S OBLIGATION Kest minority and female employment goals or provide faith evidence of good effort Submit certification Submit certification Bind subcontractors to Federal EEO provisions for contracts over $10,000 Submit notification 3 Submit EEO notice to unions or representa- tive of workers BDBCONTRACTOR'B OBLIGATION Meet minority and female employment goals or providefaith evidence of good effort Submit certification Submit certification2 Bind subcontractors sto Federal EEO provisions for contracts over $10,000 Submit EEO notice to unions or representa- tive of workers REBBONBB PMIOD Binding for duration of construction contract Prior to contract award Prior to contract award Prior to contract award within 10 working days of award of any subcon- tract over $10,000 Prior to commencement of construction work CW6 Mash" cm�z MUZRZNXNTs (CONT•) O011T .AcTOR6 • R R OBLIGATION Report contractor's Internal Revenue Serv- ice identification irst IU payroll(I number Report the contract number on each payroll report Sequentially number reports with payroll. the initial payroll r4 port marked "Initial and the last report marked "Final" Report each worker's names address, and social security number ("m) on the first Payroll that the work - area name appears Report work classifica- tion that are listed in the DOL page Decision Report authorized de- ductions such as Fed- eral or State withhold- ing taxes and Federal social security taxes; obtain written authori, .zation from employee for other deductions sUSComTw►CTOR's OBLIGATION Report contractor's IRS ID number on first payroll report Report the contract I' number on each payroll report Sequentially number payroll reports with the initial payroll re- port marked "Initial" and the last report marked "Final" Report each worker's name, address, and SSM on the first Payroll that the worker's name appears ion tbat a t " listsd in tion DOL Wage Decision Report authorized de- ductions such as Fed- eral or State withhold- ing taxes and Federal social security taxes; obtain written authori- zation from employee for other deductions BX810USS ssRion CDBG CONTRACT CONPLXM= REQQIRMUMU (CONI'.) RRQQIR�TI 1 I OOSTRACTOAPs OBLIGATION q. ESO Poster Post EEO poster at construction site h. Monthly Employment Submit monthly report4 Utilisation avert (CC -257) L. Contractor's List -Submit with monthly of Federal and Non- report4 Federal work in Bid Condition Area 2. Federal Labor Stand— ards requirements (applies to all contract - tors it pries contract exceeds $2,000) a. U.S. Department Post DOL wage Decision of Labor (DOL) wage at construction site Decision b. weekly Payroll Submit original payroll Report, including report with properly Statement of Compliance completed Statement of Compliance signed by owner, officer or des- ignated employee; writ- ten authorization re- quired fyr designated employee SUDCONTRRCTOR • B OBLIGATION submit monthly reports submit with monthly reports Submit original payroll report with properly completed Statement of Compliance signed by owner, officer,or des- ignated employee; writ- ten authorization re- quired for designated eaployee2 RESPONBR PERIOD Prior to cosmenoemen+ construction work Submit report at the of the month of work; contrsctor'a ropoAi- VYtlyYV1 V�• alct--,- li start of construction until completion Submit with initial monthly rep -ort: st:baa quently when changes vcrk cd-. Prior to commencement construction work Submit within seven A_ - after wage payment tY 4iriNW ssBuRaterwsiness Enterprise MMV/ ) roouirements ard- i. certification mg fling (applies to alaiLtraat In excess of $100,000) CDso COI nUWT CONMIJJUM Rt SUMS Te (CONT.) CODTRACTOR•S OSI.IQATIOM Make good faith effort to award a lair share of contracts to MBE/ VMS submit osrtification if applicable SUBMUTRAACTOR• s ODt2awrYON Make good faith effort to award a fair share of contracts to MBE/ WBEs Submit certification is applicable 2 R261P'Omss sssaw Binding for duration o• construction contract Prior to ccmmwnosmemt construction Bork TItOTEs 1. Forward copy to the contract awarding agency for retention in contract lila. ........t MwtM 1 Z. Forward copy to the prime contractor who in turn will submit document. UP ...•ft ��••--___ _ __ agency for filing - tract Comianc�. Forward Copy to the Director, office of Federal Co Mashingtonpi D.C.e 202, and ti.- O=tra of Lbor-W�. 200 ConstiWtion. Avenue,NW, Roam C�sZS, 4 a port to the contract awarding agency who in turn awill U 8 mit threport Departmer t o f . the T Angeles Area Office, 8 i 602, e of Federal Ang� e� Calitoprnia90010� Wilshire Boulevard, S. poard the report Hugh the prime contractor to the contract awarding agency who in turnrw wt Sint the report to the Federal monitoring agency identified in footnote 4. RQ9IRaMTS c. Minimum wage Pay- ment d. Labor Poster (WH 1321) 0. Moployment of apprenti 3. Section 3 rsVirs- ments a. contractors Sec- tion 3 cosmitment Notice b. Contractor's Sec- tion 3 Affirmative Action Plan cme COMIRWT COMIJISM=RiQOIRL�a (Cour. CONTRACTOR'S OBLIGATION Check off one of the boxes on the Statement of compliance form to indicate where fringe benefits payment are mtde to pay proper wages, in- cluding fringe bene- fits, as specified in the DOL huge Decision post labor poster at construction site Employ apprentices only from bona fide appren- ticeship programapprenticeship submit � pp papers Provide employment or training opportunities to lower income rui- �niesrtutido busi nus firms in project area Submit notice to labor unions or representa- tive of workers Submit completed plank BUSCONTRACTOR's OBLIGATION Check off one of the boxes on the Statement of compliance form to indicate where fringe benefits payment are made to Pay proper wages, in- cluding fringe bene- fits, as specified in the DOL Nage Decision Employ apprentices only, from bona fideappren- ticeship program submit Zapprenticeship papers provide employment or training opportunities to lower income resi- dents, and business opportunities to busi- ness firms in project area Submit notice to labor unions or reprelenta- tive of workers Submit completed plant MOVONSR VMRzOO Binding for duration of construction contract prior to comihoement construction work Submit apprenticeship documentation with pay roil rexia - when age= tics employment is reported Binding for duration o construction Contract Prior to Commencement construction work ♦ cr 1`4" Prior to corxn-- 1. FEDERAL EQUAL EMBLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION REQUIREMENTS EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, .color, religion, sex, or national origin. The contrac- tor will take affirmative action to ensure that appli- cants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, -or transfer; recruitment -or recruitment adver- tising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices'to be provided set- ting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertise- ments for employees placed by or on behalf of the con- tractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The contractor will send to each labor union or repre- sentative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commit- ments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Exe- cutive Order 11246 of September 24, 1965, and of the rules, regula Qop t -4►nd relevant orders .of :the Secretary of Labor: - e. The contractor wili furnish all information and reports re uiied-'b Bxecutive'10taii 11246"bf'$€ptis eml� 2�, 1965, and by'the rules; `regulations; and ortiers'of" the Secre tory of LiboF; of pursuant therato, 4p.. w., ;.permit ac - to to his book4,' recd ds, aria acq, . i!A sy' adminis- tering agency 'anal the "Secz�tary o f `'Labor ur tirposes of investigation to .ascertain- c* gipliande iw1. such Jules, regulations;`fid drde=s: " j FEDERAL EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION REQUIRAITS f. In the event of the contractor's noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will include the provisions of Paragraph la through lg in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The con- tractor will take such action with respect to any subcon- tract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threat- ened with, litigation with a subcontractor or vendor as a result of such direction by the administering -agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246). a. The Offeror's or Bidder's attention is called. to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications' set fokth herein. b. The goals and timetables for minority and female partici- pation, expressed in percentage terms -for the contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for Minority Participation for Timetables Each Trade 28.31 -2- Goals for Female Participation in Each Trade 6.91 FMERAL EQUAL =4PLOYi1ENT OPPORTUNITY/ AFFIRMATIVE ACTION REQUIREKENPS These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non -federally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR Part 60-4.3La), and its efforts to meet.the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the.contract and in each trade, and the contractor shall make.a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose the contractor's goals shall be a violation of the con- tract, the Executive Order, and the regulations of 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. c. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any con- struction subcontract in excess of *10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. d. As used in this -notice, and in the contract resulting from this solicitation, the "covered area" is the Standard Metropolitan Statistical Area of Los Angeles - Long Beach,.specifically the County of Los Angeles, State of California. -3- MWERAL EQUAL McLOYM ENT OPPORTUNITY/ AFlIRMATIVE ACTION REGUIRE)MITS 3. STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order 11246). a. As used in these specifications: (1) 'Covered area' means the geographical area des- cribed in the solicitation from which this contract resulted; (2) 'Director' means Director, Office of Federal Con- tract Compliance Programa, United States Department of Labor, or any person to whom the Director dele- gates authority; (3) 'Employer identification number" means the Federal Social Security Number used on the Employer's Quarterly Federal Tax Return, United States Treasury Department Form 941. (4) 'Minority" includes: (a) Black (all persons having origins .in any of the Black African racial groups not of Hispanic origin); (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subconti- nent, or the Pacific Islands); and (d) American Indian or Alaskan Native -(all persons having origins in any of the original peoples .of North America and maintaining identifiable tribal affiliations through membership and par- ticipation or community identification). b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construc- tion trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. -4- FEDERAL+ EQUAL McLOYMENT OPPORTUNITY/ AFFIRMTM ACTION REQUIRZKWS c. If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (includ- ing goals and timetables) shall be in accordance with that Plan for those trades which have unions participat- ing in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcon- tractor participating in -an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcon- tractor's failure to take good faith efforts to achieve the Plan goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in Paragraphs 3g(1) through 3g(16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the con- tractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not. have a Federal or .federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically inh'Fedeial Regisfromter in notice form, and such notices may e any Office of Federal. Contract. compliance Programs of fice or The from Federal procurement - contracting officers.. tractor is expected to make-substantially.uniform progress each craft during the period in meeting its goals in specified. e. Neither the provisions of any collective bargaining agree- ment nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. -5- pEDERAL gMAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION REQunum TS f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such ap- prentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the avail- ability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor. g. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (1) Ensure and maintain a working environment free of harass- ment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where poEsible, will assign two or more women to each construction project. The contractor shall specifically ensure that all fore- men, superintendents, and other on-site supervisory per- sonnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to com- munity organizations when the contractor or its unions have employment opportunities -available, and maintain a record of the organizations' responses. (3) Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the - street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each -such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the contractor may have taken. -6- FEDERAL EQUAL Z"LOYMENT OPPORTUNI'T'Y/ AFFIRMATIVE ACTION REQUIREKENTS (4) Provide immediate written notification to the Director when the union or -unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgradprolevantrarks ato the contractor's hip and trainee programs employment needs, especially those programs funded or approved by the Department of Labor. ro- The provide notice these r�othe sources ompiledunder 3g(abe. (6) Disseminate the contractor's EEO policy by pro- viding notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obli- gations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel an& with all minority and female em- ployees at least once a year; and by posting company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any respon sibility,for hiring, assignment,�layoff, termination or other employment decisions including specific review of these items with on-site supervisory per- sonnel such as Superintendents, General Foremen, etc., prior to the initiation of construction, work at any job site. A written record shall be made and maintained identifying the time -and place of these meetings, persons attending, subject mat- ter discussed, and disposition of the subject matter. -7- ygDERAL EWliL WeLOYMINT OPPORTMITY/ "rimI41►m s WTION RNWIREMENTs (8) Disseminate the contractor's EEO policy exter- nally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notifi- cation to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. C9) Direct its recruitment efforts, both oral and written, to minority, female, and comunity organizations; to schools with minority and female students; and to minority and female recruit- ment and training organizations serving the con- tractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the site and in other areas of a contractor's work force. (11) Validate all tests and other,.selection requirements where there is an obligation to do.so under 41 CFR Part 60-3. (12) Conduct, at least annually, an inventory and evaluation'at least of all minority and female per- sonnel for promotional& opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatort effect by continually monitoring all personnel and employment-related activi- ties to ensure that the EEo policy and the contrac- tor's obligations under these specifications are being carried out. -8- FEDERAL SMAL McLI ENT OPPORTUNITY/ mrr mATM ACTION REQOIRffi' WS violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). J. The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 1. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing .subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regula- tions, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. m. The contractor, in fulfilling its obligations under these'specifications, shall implement specific affirma- tive action steps, at least as extensive as those stan- dards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with.the requirements of the Executive Order, the implementing regulations, or these specifi- cations, the Director shall proceed in accordance with 41 CFR Part 60-4.8. n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification num- ber when assigned, social security number, race, sex, -10- FEDERAL EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION REQUIREMENTS (14) Ensure that all facilities and company activi- ties are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15) Document and maintain a record of all solicita- tions of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor.associations and other business associations. (16) Conduct a review, at least annually, of all supervisors'.adherence to and performance under the contractor's EEO policies and affirmative, action obligations. h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g(1) through (16). The efforts of a contractor association, joint con- _ tractor -union, contractor -community, or other similar group of which the contractor is a member and partici.- pant, artici-pant, may be asserted as fulfilling any one or more of its obligations under 3g(1) through (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female work force par- ticipation, makes a good faith effort to meet its indivi- dual goals and timetables, and can.provide.access to documentation which demonstrates the ef.feativeness of actions taken on behalf of the -contractor. The obliga- tion to comply, however, is the contractor's, and failure of such a group to fulfill an obligation shall .not be a. defense for the contractor's noncompliance. i. A single goal for minorities and a.separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the contractor may be in -9- TMEM Rppu, McMyMNT OPPORTUNITY/ irinu kTIVE ACTION REQUnMENTS status (e. g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate ofRpeacyo,and rds loca- tions at which the work was pe all be maintained in an easily understandable and retriev- able form; however, to the degree that existing records satisfy this requirementg contractors shall not be required to maintain separate records. o, Nothing herein provided shall be construed as a limita- tion upon the application of other laws which establish different standards of compliance or plalo eapplica- tion of requirements for the hiring of local r other area residents eAcct of.1977 andsthe communityr the DevelopmentDevelopment lic Works Employm Block Grant program). p. The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shal=formed in specificcover s , projects or construction contracts pe geographic areas. The goals, which shall be applicable to each construction trade in a covered contractor's or subcontractor's entire work force which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and d shall be inserted by the contracting officers and app as applicable, in the Notice required by 41 CFR 60-4.2. Covered construction contractors performing natconstruhave action work in geographical areas where they do eral or federally assisted construction contract shall • apply the minareaYwheref t�helwo=kais being established performed,the geographical 4. SPECIFIC EEO REQt3IREMENTS. For a federally assisted con- struction contract in excess of $10,000, the contractor'/sub- struction shall: a. Forward the following EEO certification forms to the con- tract awarding authority prior to contract award: Certi- fication of Nonsegregated Facilities and Certification with Regard to the Performance of Previous Contracts or and Subcontracts Subject to the Equal opportunity the Filing of Required Reports. -11- FEDERAL EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION REQUIREMENTS b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance- Pro- grams, United States Department of Labor - ESA, 200 Constitution Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcon- tract in excess of $10,000, listing the name, address, and telephone number of the subcontractor; employer.. identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract 'is to be.performed. c. Send a notice of the contractor's commitment to equal employment opportunity to labor unions or representa-. tives of workers prior to commencement of construction work. d. Display an equal employment opportunity poster,in a conspicuous place available to employees and applicants for employment. e. For contracts in excess of $10,000,ind subcontractors to the Federal equal employment opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract. f. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC -257) to the contract award- ing authority by the end of each work month._ With the initial monthly report, the contractor/subcontractor shall attach the Contractor's List of Federal and Non - Federal Work in Bid Condition Area to -the monthly report. 5. CIVIL RIGHTS ACT OF 1964. -Under Title VI'of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimina- tion under any program or activity funded in whole or in part with funds made available under this title. 12 Federal labor Standards Provisions The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. m Mile s, i Wages. All laborers and mechanics employed or work- ing upon the site of the work (or under the United Stabs Housing Act of 1937 or under the Housing Act of 1949 in the construction or devebpmern of the project). will be paid unconditionally and not leas often Oran once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permuted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 4 the 1WI amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than Ctoee contained in the wage dotermination of the Secretary of labor which is attached 1 iss and made a par hereof. regardless of.any contractural relatonahip which may be alleged to exist between.the contractor and such laborers and mechanics. Contributions made or coats reasonably anticipated for bona fide hinge benelfb under Section t (bN2) of to Davia-Becon Act on behaM of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(al(1)(ivk abs regular contributions made or costs incurred for more than a weekly period (but not lees often Oran quarterly) under plans, funds. or programs, which cover_ the particular weeWy period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid rte appropriate wage rate and fringe beneAb on the we" determination for the ckmiAcation of work actually performed without regard to sluff, except as presided in 29 CFR Part 5.5(aX4). Laborers or mechanics pal k)@,. work in more titan one claaeilication may be compensated at the rate specified for each cWeifics- tion for the time acalally worked therein: Provided That to ernployefs pay- roll records accurately sat foes to time spent in each CWNACetiOn in which work to performed. The wage determination (including any additional classification and wage raft conbnmed under 29 CFR Part 5.5(a►(II)PI) and the Davis -Baron poster (WH -1321) shall be posted at all *rise by to con- tractor and ib subcontractors at the sin of the work in a prominent and accessiblq place where it can be ossify seen by Ove workws. (ff) (a) Any class of laborers or mechanics which is not called in the wage determinator and which is to be employed under to contract shah be classidled in conhorrmancce with the wage dafrmmaYom. HUD OM approve an additional daseiMcatort and wage ria~ and fringe barnsAta therefore only when the following crinria love been not (1) The work to be performed by the ClaaaIMC�Orh fagtraaled Is not peromhed by a clastificaton in tw wage daternhinatiah: and (2) The classification is utilized in Ove area by hits construction industry; and (3) The proposed wage rats, including any bona Ade hinge bene- fits, bears a reasonable fakOoneft b to wage raft confined in the wage determination. (b) M the co nvactor and the laborers and mochanica b be employed in the classification (it known). or their repreawhtssves, and HUD or is designee agree on the ctassificatat and wage rtNs (Inc�knding to amount designated for hinge beneAf where ippropnaM6 a, owt of the action taken shall be sent by HUD or its designee to to AdMW*Walor of to wage and Hour Division, Employment Standards Adminbbatam U.S. Department of tabor, Washington, D.C. 20210. The Adminatrasor, or an sullhortzod representative, will approve, modify, or disapprove every additional cfesiA- cation action within 30 days of receipt and so advise HUO or fn daagnse or will notify HUD or its designee within the 304" period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In Me event the contracts, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed clasaftation and wage rate (including the amount designated for fringe benefits. where appropriate), U.S. Deperenent at Hoksig �•� and Urban Developnnen t HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for dwrminatiorl. The Administrator, or an authorized repre- sentative will issue a distant if ation within 30 days of receipt and so advise HUD or its daaignes or will notly HUD or its desgnN within the 30 -day period that additional time is necessary. (Approved by to OAlce of Man- agement and Budget under OMB Control Number 1215-0140.) (d) The wags rate (including tringe bane when appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in to clas&ftation under this con- tract from the first day an which work a performed in to classification. (Ice Whenever the minimum wags rate prescribed in the contract for a class of laborers or mechanics Wx*x ee a hinge ben@M which is not expressed as an hourly rata Ccs contractor shall either pay the benefit as stated in the wage dearnM mdm or shah pay another bona fide fringe berhellt or an hourly cash equivalent thereof (hr) M the contractor dots not make payments to a trustee or other third person, the contactor may consider as part of the wages of any laborer or mechanic the amount of any oafs reasonably anticipated in providing bona fide hinge ber►eIf under a plan or program, Provided. That the Secretary of labor has bund upon the written request of the contractor. that to applicabla slandards of ria Deva-Bacion Art have been mel The Secretary of Labor may require the contractor to set aside in a separate account asses ter ON mtesIN of obligations under the plan or program. (Approved by she Olbee of MersgerrsrK si d Budget under OMB Con" Number 1215-0140 2. WlMhlh0110 HUD or its ofsigneo shag upon its own action or upon written request of an authorized repnaaill" of the Department of labor withhold or cause to be w0lhsid frau tN contactor under this contract or any odher Federal contract with to sesne prime contractor, or any other Federally-aasated oofhfact subject to Davis -Bacon prevailing wage requiranherhd, which is hold by to sans prime contractor so much of the accrued payments or advances as may be considered necessary to pay labours and madhe ip, kwktding spprsn11cm trainees and helpem employed by to eontaafor or any subcontractor to hill amount of wages required by. to contact In this event of fffue to pay any laborer or mechanic, including any apprentice, taints or helper, employed or working on the sin of to work (or under the United States Housing Act of 1937 or under the Hou*4 Act of 1949 in the conosucMon or development of the projocq, ate or pint of to wages required by to oxxMract HUD or its desg- nee may. after worn notice btocorNraOn epOnam appkent or owner. acs such action as may, be rla0aaesfy to cause the suspension of any further psymerht, sA ami c or guwwfte of hinds until such violations have ceased HUD or its dooigi nay, alter stamen rhotice b to contractor. dis- burse such amounts wilhil for and on account of the contractor or suo- conaactw to so respective lmigbyoes 10 whom toy aredus. The Comp- troller General shall make such d ebursemerhf in to case of direct Davin -Bacon Act contracts. 3. m Payreio amid bob reaada Payrolls and basic records relaung Loreto *M be maintained by Ohs contractor during the course of the worts preserved for a period d three years thereafter for all laborers and mechanics war" at the sip of the work (or under the United States Housing Act of 1937, or under the housing Act of 1949, in the construction or development: of the projeM Such records 00 nanlslifh to name, address, and social seatrkly number of each such worker, his or her cor- rect cMss atiwh, hourly raps of wages paid prickxlkg rate of conthbu- tions or cow anticipated for bore Ods fringe bsmoAte or cash equivalents thereof of t s types di a:nibed in Section 1(b)2)(8) of to Davis -b, con AcU, daily and weekly number of hours worked deductors mads and actual wagas paid. Whanever the Saoretery of Labor has bund under 29 CFR 5.5 (aX1 Xiv) that to wages of any laborer or mechanic include the amount of any cow rwor»bly anticipated in provndlrhg berate under a plan or pro- gram described in Section 1(bXZM of the Davis -Bacon Ad, the contractor shall maintain records which show tet the commit OM b provide such HUD -4010 (2.84) Previous Edition is Obsolete • (HB 1344.1) benefits is enforceable, that the plan or program is financially responsible. and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs antici- pated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the regialrali of apprenticeship programs and certifi- cation of trainee programs, the registratidh of the apprentices and trainees. and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Manapwnent and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (9) (a) The Convector shat submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract but if the agency is not such a party, the contractor wdl submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted stroll set out am rately and ComplsMy all of the information required to be maintained under 29 CFR Part 5.5(a►(3xi). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the SuperiM rxism of Docu- ments (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington. DC. 20402. The prime convector is responsible for the submission of copies of pay►db by all subeariaclora (Approved by the Office of Mansgemism and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted WWI to accompanied by a "Statement of Compliance,., signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons empkhyed under the contract and shall certify this following. (1) That the payroll for to payroll period contains the information required to be maintained under 29 CFR Part 5.5 (aX3)f) and that such information is correct and Caroler (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed. on the contract during the payroll period has been paid the full weekly wages earned, without rebat& either directly or indirectly, and *0 no deductions have been made either directly or indi- rectly from the full wages earned, other than pemmassble deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic hes bean paid not Iso than Ute applicable wage rates and fringe bene8ta or cash equivalents for the ctas- sication Of work perormad, as specified in the applicabft wage oaten, one. ton incorporated into the contract (c) The weedy submlaaldh of a property executed certification set forth on the reverse side of Optional Forth WH -347 shall setsly the requirement for submission d the "Statement of Compliance" required by paragraph A.3.(iixb) of this section. (d) The falsfication of any of the above ceAillcations may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (i) The contractor or subcontractor shell hake fes reoords required under paragraph A.3.(i) d this section aveiebta far imspec§M copW4;. or transcription by authorized repraeantetvn of HUD or is designee of the Department of tabor, and shall permit such repreeentatlwa to interview employees during working hours on the job. t Che contractor or suboon- tractor fails to submit the required records or to make therm available. HUD or its designs may. after written nonce to tet contractor, sponsor, appli- cant, or owner, take such action n may be necessary to cause the sus- pension of any further payme t adv nca, or guarantee of funds. Further- more, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4. m Ape ntias and Tralmeee- Apptwrtcee, Apprentices will be per- mitted to work at leo than the predetermined raft for the work they per- formed when they are employed pursuant to and midivcdualy registered in a bona fide apprenticeship program rogisftred with the U.S. Departiment of tabor. Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in ha or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually regisls is in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an aoprenvice The allowable ratio of apprentices to lourneymer or the job site in any craft classification snail not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above. shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determi- nation for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the jour- neyman's hourly rate) specified in the contractor's or subcontractor's regis- tered program shall be observed. Every apprentice must be paid at not less than the rate specified in Ow registand program for the apprentice's level of progrem expressed as a percentage at the journeymen hourly rate specified in the applicable wage dmirmi nation. Apprentices shall be paid fnngs benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify hinge benefits, apprentices must be paid the full amount d hinge benefits listed on the wage doWi oration for the applicable classification. It the Administrator determine that a different practice prevaib for the applicable apprentice classification, hinges MW be paid in accordance with that determination. In the event the Bureau of Apprwhtoeship and Training, or a State Appren- ticeship Agency recognized by the Bureau, withdraws approval of an apprenOceahip program. the contactor will no longer be permitted to utilize apprentices at less thou 1M applicable predetermined rate for the work performed until an acceptable program is approved. (i) Trainees. Except as provided in 29 CFR 5.16, trainees will not be Permitted to work at less Iter the predetermined raft for the work per- formed unless Mey are employed pursuant to and individually registered in a program which has received prior approval. evidenced by formal certifi- cation by the U.S. Department of labor. Employment and Training Admini- strabon. The ratio at t wneee to journeyman on the job sits shag not be greater than permitted under the plan approved by the Employment and Training Administration. Every rem" must be paid at not leo than the rate specified in to approved program for thf trainee's level of progress, expressed as; a percentage of tft journeyman hourly rata specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with Che provisions of Che trainee program. If the trainee pro- gram don not mention hinge bs oft trainees shall be paid the full amount of fringe benefhs listed on the wage determination unless the Administrator of the Wage and hour Division determines Chat there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for lees than full hinge benefits for apprenOcea Any empoyee listed on the payroll at a trainee raft who a not regoored and parttapeting in a training plan approved by the Employrmwrt and Training Administration shall be paid not less than the applicable wage rate on the wage de arminskm for the work actually performed. In addition, any tai se performing work on the job site in excess d the rano perwAlM underChe registered program shall be paid not Tess than the applicabte wage rate on the wage determination for the work actually performed. In the event the Employment and Training Admin- istration withdraws approval of a taming program, the contractor will no longer be permitted to utilize fralneee at leo than the applicable predeter- mined rate for the work performed until an acceptable program is approved. (ii) Equal anploymerht opporlsoft. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requiremerhle of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Comtpience wilt Cgtetetld Ad requismemte. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contrast 6, Subeoniaeft. The contractor or subcontractor will insert in any sub- contracts the clauses contained in 29 CFR 5.5(&x1) through (10) and such other clauses as HUD or its designs may by appropriate instructions require, and also a clause requiring the wbeontracfons to Include Cress clauses in any lower tier subcontracts. The prirte contractor shall be responsible for the compliance by any subcontractor or lower der subcon- tractor with all the contract Gauen in 29 CFR Part 5.5. HUD -401012-84) 7 Contractee termination; debarment A breach of Me contract clauses,r 29 CFR 5.5 may be grounds for termination of the contract and for debar- ment as a contracts and a subcontractor as provided in 29 CFR 5.12. e. Comp"nce with Davis -Bacon and Related Act Requirenrente. All rul- ings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Dbpuya concerning labor sMrrdarde. Disputes ansing out of the labor standards provisions of this contract shall not be subiect to the general disputes clause of this contract Such disputes shall be resolved in accor- dance with the procedures of this Department of labor set forth in 29 CFR Parts 5.6. and 7. Disputes within the meaning of this clause include dis- putes between the contractor for any of its subcontractors) and HUD or its designee, the U.S. Department of tabor, or the employees or their representatives. 10. m Co Memdon of E190MY. By entering into this contract the con- tractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(aXI) or to be awarded HUD contracts or partici- pate in HUD programs pursuant to 24 CFR Part 24. (a) No part at this contract shelf be subcontracted to any person or firm Ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a►(1) or to be awarded HUD contracts or parficipets in HUD programs pursuant to 24 CFR Part 24. (I) The penally for making false swerner s is prescribed in the U.S Criminal Coda. 18 U.S.C. 1001. Additionally, U.S. Crimnal Code; Section 1010. Title 18 . U.S.C.. "Federal Housing Administration transactions". pro- vides in part "Whoever, for the purpose of. ..influencing in any way the action of such Administration... makes. utters or publishes sty statement knowing the same to be Isla... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Corapldnt, Praceadngs, or Testimony by Entt>ilailleea. No laborer or mechanic to whom the wage, salary, or otter labor standards provisions of this Contract are applicable shall be discharged or in arty other manner discriminated against by this Contracts or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has taatified or is about to teatty in any proceeding under or relating to this labs standards applicable under this Contract to his employer. B Cortlwat Worts Hous and SW* Standards AcL As used in this para- graph, the Irma "laborers" and "mechanics" include watchmen and guards. (1) Ovartim sgdsmant. No contractor or subcontracts contracting for any part of the contract work which may squire or involve the srttploy- ment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work— or in excess of try hours in such workweek unkles such laborer or mechanic receives cOrn- pensation at a rate not 'ass than one arc one -rail Imes the oas;c ate of pay for all hours worked or n excess of forty hours in such workweek, whichever is greater. (2) VW~; itabplty for unpaid wages; Itquklalsd damages. In the event of any violation of the clause sec forth in subparagraph 0 i of M s paragraph, the contractor and any subcontractor responsible therefor snail be liable for the unpaid wages. In addition, such contractor and subcon- tractor shall be liable to the United States (in the Case cf work done under contract for the District of Columbia or a territory. to such District or to such territory). for liquidated damages. Such liquidated damages shall be com- puted with respect to each individual laborer or mechanic. including watchmen and guards, employed in violation of the clause set forth in sub- paragraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work -"Mew in excess of this standard workweek of forty hours without pay - matt of este overtime wages required by on clause set forth in subpara- graph (1) of this paragraph. (3) WwyqidMg for a, p &I and jililIa damages. HUD or tts designM shall upon its own action or upon written requea of an autho- rized represernative of the Department of Labor withhold or cause to be withheld. from any moneys peliabN on account of work performed by the contractor or subeonaackx under any such contract or any other Federal contract with the same prime contract or any other Federapy-assisted con- tract subject to the Contract WIft Hours and Se" Standards Act which is held by the same prim contractor such sums as may be determined to be necessary to WM* any abaft of such contractor or subcontractor for unpaid wages std Nquidatd otannepea es provided in the clause set forth in subparagraph (2) of this paragraph. (4) SubporAntelL The corrlrMCW or subcontractor shell insert in any subcontract the clauses sat IOM in subpentgraph (1) tltrough (4) of this paragraph and also a ohauae requiring the subcontractors to include Mese cieusss in any kmw Mer subcontracts. The prime contractor Shap be responsible for compilance by any subcontractor or lower tier subcontrac- for with that Claustra est WMt In subparagraphs (1) through (4) of this paragraph Q "Mo and Mately (1) No laborer or r achrnic slhall be required to worst in surroundings or under working conditions wMch are unsanitary, hazardous. or danger- ous to his Atoll and aalsty as datmtined under construction safety and heso ale ndrds promulgated by the Secretary of Labor by regulation. (2) The ContraClor Shap comply with all regulations issued by the Secralry a Labor pcurauwd to Tift 29 part 1928 loan rly part 1518) and failure to comply may result in imposition of sa nctlons pursuant to the Con- tract Work Hours snd $inky Standards Art (Public Law 91-54.83 Stet 96). (3) The Contractor Shall ircks" me proviabrn of this Article in every subcontract so that such provisrsts wdl be binding on each subcontractor. The Contractor *atl tela such aclfon with respect to any subcontract as the Secretary of Housing and lhben Oevelopma+t or the Secretary of Labor all direct as a marts at Ohio such Previsions. HUD -4010 (2.84) SECTION 3 CLJ►USE 1. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Develop- ment and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1966, as amended, 12 U.S.C. 1701u. Section 3 requires that, to the greatest ex- tent feasible, opportunities for training and employment be given lower income persons residing within the unit of local government or the metropolitan area (or nonmetropolitan county) in which the project is located, and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the same metropolitan area (or non - metropolitan county) as the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. The contractor wil_ send to each labor organization or representative of workers with which he has a collective bar- gaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issed by the Secretary of Housing and Urban Development, 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcon- tract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the require- ments of these regulations. SECTION 3 CLAUSE 5. Compliance with the.provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all, applicable rules and orders of the Department issued thereunder prior to the exe- cution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its succes- sors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanc- tions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions.as are specified by 24 CFR Part 135. 6. Contractors and subcontractors subject to the requirements of Section 3 are required to prepare a written affirmative action plan in accordance with the provisions of Sections 135.65 and 135.70, 24 CFR Part 135. -2- CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE, AND LABOR SURPLUS AREA FIRMS 1. It is national policy to award a fair share of contracts to small and minority business firms. Accordingly, affirmative steps must be taken to assure that small and minority busi- nesses are utilized when possible as sources of supplies, .46 equipment, construction, and services. Affirmative steps shall include the following: a. Including qualified small and minority businesses.on solicitation lists. b. Assuring that small and minority businesses are solicited whenever they are potential sources. c. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum small and minority business participation. d. Where the requirement permits, establishing delivery schedules which will encourage participation by small and minority businesses. e. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce as required. f. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in la through le above. 2. Grantees shall take similar appropriate affirmative action in support of women's business enterprises. 3. Grantees are encouraged to procure goods and services from labor surplus areas. COMPLIANCE WITH CLEAN AIR AND WATER ACTS (Applicable to federally assisted construction contracts and related subcontracts exceeding $100,OOOa During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt con- tractors and subcontractors shall furnish to the owner, the following: (1) A stipulation by the contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency,(EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all the require- ments of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollu- tion Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and .guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcon- tract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions. -GENERAL WAGE DECISION FEDERAL :AND STAT -Z J�p -GENERAL WAGE DECISION FEDERAL :AND STAT -Z General Decision Number CA940002 Superseded General Decision No. CA930002 State: California Construction Type: BUILDING HEAVY HIGHWAY RESIDENTIAL County(ies): IMPERIAL INYO KERN LOS ANGELES MONO ORANGE RIVERSIDE SAN BERNARDINO SAN LUIS OBISPO SANTA BARBARA VENTURA BUILDING CONST1�UCTION PROJECTS;• HEAVY CONSTRUCTION PROJECTS (does not include oil well drilling in Kern County; does not include TV/Grout work or.water well drilling); HIGHWAY CONSTRUCTION PROJECTS; RESIDENTIAL CONSTRUCTION PROJECTS (including single family homes and apartments up to and including 4 stories) (does not include Inyo and Mono Counties); DREDGING PROJECTS. This wage decision does not include hopper dredge work or the installation of solar energy systems. Modification Number 0 1 2 3 4 5 6 7 8 9 10 Publication Date 02/11/1994 03/04/1994 04/08/1994 05/20/1994 06/24/1994 07/29/1994 08/19/1994 09/09/1994 11/14/1994 11/18/1994 01/13/1995 CA940002 - 1 JAN 191995 LABOR RELATIONS 01/13/1995 COUNTY(ies): IMPERIAL MONO SAN LUIS OBISPO INYO ORANGE SANTA BARBARA KERN RIVERSIDE VENTURA LAS ANGELES SAN BERNARDINO ASBE0005B 09/20/1994 Rates Fringes IMPERIAL, INYO, KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: INSULATORS/ASBESTOS WORKERS Includes the application of all insulating materials, protective coverings, coatings, and finishings to all types of mechanical systems 27.21 7.53 ASBESTOS REMOVAL WORKER/ HAZARDOUS MATERIAL HANDLER Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not 10.75 1.75 ---------------------------------------------------- ASEE0016C 08/01/1994 MONO COUNTY: Rates Fringes INSULATORS/ASBESTOS WORKERS Includes the application of all insulating materials, protective coverings, coatings, and finishings to all types of mechanical systems 31.32 5.96 ---------------------------------------------------------- BOIL0092A 10/01/1994 Rates Fringes BOILERMAKER 26.93 8.3.9 ---------------------------------------------------------------- BRCA0004B 05/01/1993 RIVERSIDE AND SAN BERNARDINO COUNTIES: Rates Fringes BRICKLAYER; STONEMASON; AND MARBLE CA940002 - 2 01/13/1995 SETTER: Fort Irwin Army Training Center; Naval Air Weapons Station, China Lake; and Twenty-nine Palms Marine Base 29.44 5.30 Remainder of Riverside and San Bernardino Counties 23.82 5.30 -------------------------------------------------------------- BRCA0004C 06/01/1994 05/01/1994 Rates Fringes LOS ANGELES, ORANGE AND VENTURA COUNTIES: SAN LUIS OBISPO AND SANTA BARBARA TILE SETTER ---------------------------------------------------------------- 22.09 3.80 BRCA0004D 11/01/1994 TERRAZZO ---------------------------------------------------------------- Rates Fringes IMPERIAL COUNTY: BRCA0004G 08/01/1993 BRICKLAYER, STONEMASON; MARBLE SETTER ---------------------------------------------------------------- 23.00 5.95 BRCA0004E 05/01/1994 AND MONO COUNTIES: Rates Fringes VENTURA COUNTY: BRICKLAYER ------------------------------------------=--------------------- 22.36 6.26 BRCA0004F 05/01/1994 Rates Fringes SAN LUIS OBISPO AND SANTA BARBARA COUNTIES: BRICKLAYER; STONEMASON; MARBLE, TERRAZZO ---------------------------------------------------------------- AND TILE SETTER 23.60 4.65 BRCA0004G 08/01/1993 Rates Fringes INYO, KERN AND MONO COUNTIES: BRICKLAYER; STONEMASON: Edwards Air Force Base; and Naval Air Weapons Station, China Lake 27.78 5.21 Remainder of Inyo and Kern Counties; and Mono County 24.03 5.21 ---------------------------------------------------------------- CA940002 - 3 01/13/1995 BRCA0004H 05/01/1992 Rates Fringes KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: MARBLE SETTER 25.32 6.05 ---------------------------------------------------------------- BRCA00040 06/01/1993 Rates Fringes IMPERIAL COUNTY: TERRAZZO & TILE SETTERS 18.55 3.30 TERRAZZO & TILE FINISHERS 13.00 2.60 ---------------------------------------------------------------- BRCA0004P 09/01/1992 Rates Fringes INYO, KERN, LOS ANGELES, MONO, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: TERRAZZO WORKER 24.99 6.60 BRCA0004R 07/01/1994. Rates Fringes RIVERSIDE AND SAN BERNARDINO COUNTIES: TILE SETTER 22.09 5.27 ---------------------------------------------------------------- BRCA0004U 07/01/1994 Rates Fringes LOS ANGELES COUNTY: BRICKLAYER; MARBLE SETTER 25.32 6.15 ---------------------------------------------------------------- BRCA0004V 11/01/1993 INYO, KERN AND MONO COUNTIES: TILE SETTER: Edwards Air Force Base; and Naval Air Weapons Station, China Lake Remainder of Inyo, Kern and Mono Counties ----------------------------------- Rates 20.65 Fringes 3.40 17.65 3.40 ---------------------- CA940002 - 4 01/13/1995 BRCA0004W 05/-01/1992 Rates Fringes ORANGE COUNTY: BRICKLAYER; STONEMASON; MARBLE SETTER 24.25 5.10 --------------------------------------------------------------- BRCA0007F 08/01/1992 Rates Fringes INYO AND MONO COUNTIES: MARBLE SETTER 26.80 10.55 ------=-------=------------------------------------------------- BRCA0017D 06/02/1993 Rates Fringes MARBLE, TERRAZZO & TILE FINISHER ---------------------------------------------------------------- 19.21 6.72 " CARP0002A 07/01/1994 Rates Fringes CARPENTERS: Work on wood framed single family homes and apartments up to and including 4 stories: Framer & finish carpenter 17.79 5.10 Insulation & weatherstripping installer 15.50 Shingler 16.42 4.05 Concrete & form worker 16.135 5.10 Residential fence builder 16.36 5.10 Cabinet installer . 18.09 5.10 Subterranean garage concrete construction 18..17 5.10 Roof loader of shingles 11.49 4.05 All other work: Inyo, Kern and Mono Counties: Carpenter (including drywall lathing), cabinet installer, floor worker and acoustical installer 23.23 5.10 Insulation installer: Wood frame non-residential or concrete block or tilt -up, Types III, IV and V construction 17.00 4.81 CA940002 - 5 01/13/1995 All other work Shingler Saw filer Table power saw operator Pneumatic nailer or power stapler Commercial fence builder Roof loader of shingles (commercial) Millwright Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rock slinger Head rock slinger Rock barge or scow Remainder of counties: Carpenter, cabinet installer, floor worker and acoustical installer Insulation installer: Wood frame non-residential' or concrete block or tilt -up, Types III, IV and V construction All other work Shingler Saw filer Table power saw operator Pneumatic nailer or power stapler Commercial fence builder Roof loader of shingles (com- mercial) Millwright Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; 23.23 23.36 23.31 23.33 23.48 21.51 16.35 24.30 23.93 24.03 23.83 23.80 " 17.00 23.80 23.93 23.88 23.90 24.05 21.51 16.75 24.30 5.10 5.10 5.10 5.10 5.10 5.10 5.10 5.10 5.10 5.10 5.10 5.10 4.81 5.10 5.10 5.10 5.10 5.10 5.10 5.10 5.10 Rock slinger 23.93 5.10 Head rock slinger 24.03 5.10 Rock barge or scow 23.83 5.10 ---------------------------------------------------------------- CARP0002B 07-/01/1993 DIVERS: Rates Fringes Diver, wet 52.86 5.10 Diver, stand-by 26.43 5.10 Diver tender 25.43 5.10 FOOTNOTE: Divers shall receive a minimum of 8 hours pay for any day or CA940002 - 6 - 01/13/1995 part thereof. --------------------------------------------------------------- CARP0002C 07/01/1993 DRYWALL INSTALLER/LATHER: Work on single family homes and apartments up to and including 4 stories All other work ---------------------------------- CARP0003P 11/01/1993 INYO, KERN AND MONO COUNTIES: Rates Fringes 18.53 4.23 23.80 5.10 ------------------------------ Rates Fringes TILE FINISHER: Edwards Air Force Base; and Naval Air Weapons Station, China Lake 16.98 3.40 Remainder of Tnyo, Kern and - Mono Counties ------------------------------------------------- 13.98 --------------- 3.40 CA-RP0117A 06/01/1993 Rates Fringes KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: TERRAZZO FINISHER ---------------------------------------------------------------- 20.98 3.80 ELECOO11A .07/01/1994 LOS ANGELES COUNTY: ELECTRICIANS: - Work on single family homes and apartments up to and including 4 stories Tunnel work: Electrician Cable splicer All other Work: Electrician; Traffic signal installer Cable splicer ---------------------------------- ELEC0011B 06/01/1994 LOS ANGELES COUNTY: Rakes Fringes 15.90 3% + 4.51 28.55 3% + 9.19 29.15 3% + 9.19 25.95 3% + 9.19 26.55 3% + 9.19 ---------------------------- Rates Fringes CA940002 - 7 01/13/1995 LINE CONSTRUCTION: Line technician 25.95 3% + 9.19 Cable splicer 26.55 3% + 9.19 Ground person 15.57 3% + 9.19 ---------------------------------------------------------------- ELECO011C 12/01/1992 Rates Fringes INYO, KERN, LOS ANGELES, MONO, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: COMMUNICATIONS AND SYSTEMS WORK: Kern, Los Angeles, Orange, San Luis Obispo, Santa Barbara and Ventura Counties: Communications & systems installer 16.15 3% + 3.40 Communications & systems technician 17.90 3% + 3.40 Sound technigian (Los Angeles County only). 18.90 3$ + 3.40 Alarm technician II (Orange County only) (duties limited to pulling wire to and terminating devices; not to install devices that interface with other con- tractors (mounting waterflow, duct detectors, dampers or connecting control panels) 13.93 3% + 3.40 Inyo, Mono, Riverside and San Bernardino Counties: Communications & systems installer 16.63 3% + 2.75 Communications & systems technician 18.38 3% + 2.75 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the -transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background -foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems. Communication Systems that transmit or receive information CA940002 - 8 01/13/1995 and/or control systems that are intrinsic to the above listed systems; inclupion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station, Edwards Air Force Base, Elk Hills Naval Petroleum Reserve, Point Arguello and Vandenberg Air Force Base. In the Counties of Inyo, Kern, Mono, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura, fire alarm work shall be performed at the current inside wireman total cost package. ------------------------------- ELEC0413A 06/01/1994 Rates Fringes SANTA BARBARA COUNTY: ELECTRICIANS: Work on single'family homes and apartments up to and 3% + 5.10 including 4 stories 16.00 All other work: Vandenberg Air Force Base: Electrical subcontracts over $50,000: Electrician 28.97 3% + 6.80 Electrician, welding 29.47 3 + 6.80 Cable splicer 30.47 3$% + 6.80 Electrical subcontracts of $50,000 or less: 25. 20 3% + 6.80 Electrician Electrician, welding 25.7070 3 + 6.80 Cable splicer 26.70 3$% + 6.80 Remainder of Santa Barbara County: Electrical subcontracts over $50,000: Electrician 25.22 3$ + 6.80 Electrician, welding 25.72 3% 3% + + 6.80 6.80 Cable splicer 26.72 Electrical subcontracts of $50,000 or less: Electrician 21.45 3% + 6.80 Electrician, welding 21.95 3 3$% + + 6.80 6.80 Cable splicer 22.95 CA940002 - 9 01/13/1995 ---------------- r----------------------------------------------- ELEC0413B 06/01/1994 Rates Fringes SANTA BARBARA COUNTY: LINE CONSTRUCTION: Vandenberg Air Force Base: Line technician; Equipment operator 28.97 4.5% + 6.65 Cable splicer 30.47 4.5% + 6.65 Ground person; Ground person/driver 21.73 4.5% + 6.65 Remainder of Santa Barbara County: Line technician; Equipment operator 25.22 4.5% + 6.65 Cable splicer 26.72 4.5% + 6.65 Ground person; Ground person/driver ------------------- --------------------------------------------- 17.98 4.5% + 6.65 * ELEC0428A 06/01/1994 Rates Fringes KERN COUNTY: ELECTRICIANS: Edwards Air Force Base; and Naval Air Weapons Station, China Lake: Work on single family homes and apartments up to and including 3 stories; and work on other structures (defined as areas to which the public has access) that do not exceed 6,000 sq. ft. and that do not exceed 3 stories All other work: Electrician Cable splicer Remainder of Kern County: Work on single family homes and apartments up to and including 4 stories All other work: Electrician Cable splicer ------------------------------------ 14.75 4% + 2.60 27.59 4.25% +5.15 29.87 4.25% +5.15 13.75 4% + 2.60 22.84 4.25% +5.15 25.12 4.25% +5.15 -------------------------- CA940002 - 10 01/13/1995 ELEC0428B 06/01/1994 KERN COUNTY: Rates Fringes LINE CONSTRUCTION: Edwards Air Force Base; and Naval Air Weapons Station, China Lake: Ground person/Truck driver 21.88 4.25% +5.15 Line technician; Heavy equipment operator 27.59 4.25% +5.15 Cable splicer 29.87 4.25% +5.15 Remainder of Kern County: Ground person/Truck driver 17.13 4.25% +5.15 Line technician; Heavy equipment operator 22.84 4.25% +5.15 Cable splicer 25.12 4.25% +5.15 ---------------------------------------------------------------- ELEC0440A 07/01/1994 RIVERSIDE COUNTY: Rates Fringes ELECTRICIANS: Work on single family homes and apartments up to and including 4 stories 14.50 3% + 3.16 All other work: Electrician 23.13 3% + 7.61 Cable splicer 23.63 3% + 7.61 Electrician, welding -------------------------------------------------------=-------- 23.43 3% + 7.61 ELEC0440B 07/05/1992 RIVERSIDE COUNTY: LINE CONSTRUCTION: Rates Fringes Line technician 22.46 4% + 6.61 Cable splicer 22.96 43 + 6.61 Ground person 16.85 4% + 6.61 ---------------------------------------------------------------- ELEC0441A 06/01/1994 ORANGE COUNTY: Rates Fringes CA940002 - 11 01/13/1995 ELECTRICIANS AND LINE CONSTRUCTION: ELECTRICIANS: Work on single family homes and apartments up to and including 4 stories 16.05 3% + 1.95 All other work: Electrician 26.15 3% + 5.85 Cable splicer 27.35 3% + 5.85 LINE CONSTRUCTION: Line technician; Heavy equipment operator 26.20 3% + 5.80 Cable splicer 27.41 3% + 5.80 Ground person 22.61 3$ 5 8 -------------------------------------------------- ELEC0477A 12/01/1993 Rates Fringes INYO, MONO AND SAN BERNARDINO COUNTIES: ELECTRICIANS: Work on single family homes and apartments up to and including 4 stories (San Bernardino County only) 14.50 3% + 3.84 All other work: Area within 75 road miles from the Main Post Office in San Bernardino: Electrician 22.32 3% + 8.43 Cable splicer 22.82 3% + 8.43 Electrician, welding 22.82 3% + 8.43 Electrician, tunnel work 24.55 3$ + 8.43 Remainder of area: Electrician 29.32 3$ + 8.43 Cable splicer 29.82 3$ + 8.43 Electrician, welding 29.82 3% + 8.43 Electrician, tunnel work ----------------------------------------------------- 31.55 3% + 8.43 ELEC0477B 12/01/1993 Rates Fringes INYO, MONO AND SAN BERNARDINO COUNTIES: CA940002 - 12 01/13/1995 LINE CONSTRUCTION: Within 75 road miles from the Main Post Office in San Bernardino, California: Line technician 22.12 4.5% + 8.36 Cable splicer; Line technician, welding 22.62 4.5% + 8.36 Ground person 16.59 4.5% + 8.36 Remainder of area: Line technician 29.12 4.5% + 8.36 Cable splicer; Line technician, welding 29.62 4.5% + 8.36 Ground person 23.59 4.5% + 8.36 -------------------------------------------------------------- ELEC0569C 02/01/1994 IMPERIAL COUNTY: LINE CONSTRUCTION: Commercial overhead line work; Catenary work: . Line technician; Heavy equipment operator Ground person Ground person/truck driver All other commercial underground line work: Line technician; Heavy equipment operator Ground person; Ground person/truck driver ELEC0569D 06/01/1994 IMPERIAL COUNTY: ELECTRICIANS: Work on single family homes and apartments up to and including 4 stories Sound work: Sound technician Telephone interconnect Rates 24.37 17.60 11.98 16..27 11.58 Fringes 4% + 5.12 4% + 5.12 4% + 5.12 4% + 5.12 4% + 5.12 Rates Fringes 14.61 3% + 2.77 17.18 3% + 3.85 CA940002 - 13 01/13/1995 technician Sound person B Utility work: Utility technician 11 Utility technician 12 All other work: Electrical subcontracts over $500,000: Electrician Cable splicer Electrical subcontracts of $500,000 or less: Electrician Cable splicer SCOPE OF WORK: 13.79 3% + 3.85 12.53 3% + 3.215 16.11 3% + 2.84 10.56 3% + 2.49 24.31 3% + 5.27 24.76 3% + 5.27 21.31 3% + 5.27 21.76 3% + 5.27 SOUND WORK: Assembly, installation, operation, service and maintenance of components or systems as used in closed circuit television, amplified master television distribution, CATV on private property, intercommunication, burglar alarm, fire alarm, life support and all security alarms, private and public telephone and related telephone interconnect, public address, paging, audio, language, electronic, background music system less than line voltage or any system acceptable for class two wiring for private, commercial, or industrial use furnished by leased wire, frequency modulation or other recording devices, electrical apparatus by means of which electricity is applied to the amplification, transmission, transference, recording or reproduction of voice, music, sound, impulses and video. Excluded from this Scope of Work - transmission, service and maintenance of background music. All of the above shall include the installation and transmission over fiber optics. SOUND TECHNICIAN: Terminating, operating and performing final check-out SOUND PERSON B: Wire -pulling, splicing, assembling and installing devices UTILITY WORK: UTILITY TECHNICIAN /1: Installation of street lights and traffic signals, including electrical circuitry, programmable controller, pedestal -mounted electrical meter enclosures and laying of pre -assembled cable in ducts. The layout of electrical systems and communication installation including proper position of trench depths, and radius at duct banks, location for manholes, street lights, and traffic signals. UTILITY TECHNICIAN #2: Distribution of material at job - site, installation of underground ducts for electrical, telephone, cable TV, and communication systems.* The setting, leveling, grounding and racking of precast manholes, handholes and transformer pads. ---------------------------------------------------------------- CA940002 - 14 01/13/1995 ELEC0639A 06101/1994 Rates SAN LUIS OBISPO COUNTY: Fringes ELECTRICIANS: , Line technician; Line truck Work on single family homes operator; Line equipment and apartments up to and operator 24.00 4% including 4 stories 16.50 3% + 4.70 All other work: 25.20 4% + 5.94 Ground person ------------------------------------------------------- Electrical contracts $60,000 or 4 ------- ELECO952A 04/01/1994 less: Rates Electrician 22.75 3% + 6.05 Cable splicer 25.03 3% + 6.05 Electrical welder 23.89 3% + 6.05 Electrical contracts $60,001 to $1.5M: Electrician 24.00 3%-+.6.05 Cable splicer 25.03 3% + 6.05 Electrical welder 23.89 3$ + 6.05 Electrical contracts $1.5M and over: - ElectriciAn 26.00 3% + 6.05 Cable splicer 28.60 3% +-6.05 Electrical welder ---------------------------------------------- 27.30 3% --------------- + 6.05 ELEC0639B 06/01/1994 Rates SAN LUIS OBISPO COUNTY: Fringes LINE CONSTRUCTION: , Line technician; Line truck operator; Line equipment operator 24.00 4% + 5.94 Cable splicer 26.40 4% + 5.94 Line welder 25.20 4% + 5.94 Ground person ------------------------------------------------------- 18.00 4 ------- ELECO952A 04/01/1994 Fringes Rates VENTURA COUNTY: ELECTRICIANS: Area within 32 road miles from the nearest basing point: Electrician 25.90.. 3$ + 7.00 Cable splicer 28.49 3% + 7.00 CA940002 - 15 01/13/1995 Remainder of Ventura County: 30.90 3% + 7.00 Electrician 3% + 7.00 Cable splicer 33.49 FOOTNOTE: Basing points: the main Post Office in the cities of Camarillo, Oak View, Oxnard, Santa Paula and Ventura. --------------------------------------------- ELEC0952B 04/01/1994 Rates VENTURA COUNTY: .LINE CONSTRUCTION: Area within 32 road miles from Rates the nearest basing point: OUTSIDE UTILITY TRANSMISSION WORK: Line technician; Heavy 4.5% equipment operator 25.90 " Cable splicer 28.49 Ground persop 19.43 Remainder of Ventura County: 4.5$ Line technician; Heavy Ground person Line worker, welding equipment operator 30.90 Cable splicer 33.49 Ground person - truck driver 24.43 Fringes 4% + 6.90 4% + 6.90 4% + 6.90 4$ + 6.90 4$ + 6.90 4% + 6.90 FOOTNOTE: Basing points: the main Post Office in the cities of Camarillo, Oak View, Oxnard, Santa Paula and Ventura. ------------------------------------------- * ELEC1245A 01/01/1995 Rates Fringes OUTSIDE UTILITY TRANSMISSION WORK: 4.5% +6.50 Line worker; Cable splicer 26.21 4.5$ +6.50 Powder worker 24.90 17.04 4.5$ +6.50 Ground person Line worker, welding 27.52 4.5$ +6.50 SCOPE OF WORK: All outside work on electrical transmission lines, switchyards and substations, and outside work in electrical utility distribution systems owned, maintained and operated by electrical utility companies, municipalities, or governmental agencies. ----------------------------- ---------------------------------- ELEV0018A 08/01/1994 CA940002 - 16 01/13/1995 Rates Fringes ELEVATOR MECHANICS 27'.83 6.12 FOOTNOTE: Vacation Pay: 8% with 5 or more years of service, 6% for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. ---------------------- ----------------------------------------- ENGIO012F 07/01/1994 Rates POWER EQUIPMENT OPERATORS: GROUP 1 22.35 GROUP. 2 23.13 GROUP 3 23.42 GROUP 4 23.56 GROUP 5 24.66 GROUP 6 23.78 GROUP 7 23.89 GROUP 8 24.99 GROUP 9 24.01 GROUP 10 25.11 GROUP 11 24.18 GROUP 12 24.28 GROUP 13 24.31 GROUP 14 24.39 GROUP 15 24.51 GROUP 16 24.68 GROUP 17 24.78 GROUP 18 24.89 GROUP 19 25.01 GROUP 20 25.18 GROUP 21' 25.28 GROUP 22 25.39 GROUP 23 25.51 GROUP 24 25.68 CRANES, PILEDRIVING HOISTING EQUIPMENT: GROUP 1 22.35 GROUP 2 23.13 GROUP 3 23.42 GROUP 4 23.56 GROUP 5 23.78 GROUP 6 23.89 GROUP 7 24.01 GROUP 8 24.18 GROUP 9 24.35 GROUP 10 25.35 GROUP 11 26.35 GROUP 12 27.35 GROUP 13 28.35 Fringes 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 9.65 CA940002 - 17 01/13/1995 TUNNEL GROUP: GROUP 1 23.63 9.65 GROUP 2 23.92 9.65 GROUP 3 24.06 9.65 GROUP 4 24.28 9.65 GROUP 5 24.39 9.65 GROUP 6 24.51 9.65 GROUP 7 24.81 9.65 DREDGING: Hydraulic suction dredges: Lever operator 24.70 9.65 Deckr.ate; Watch engineer 24.12 9.65 Winch (stern winch on dredge) 23.57 9.65 Bargehand; Deckhand; Fire person; Oiler; Leveehand 23.03 9.65 Dozer 24.23 9.65 Clamshell dredges: Lever operator 24.70 9.65 Match engineer; Deckmate• 24.12 9.65 Barge mate 23.64 9.65 Bargehand; Deckhand; Fire person; Oiler 23.03 9.65 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Barge, brake, compressor operator, Ditch Witch, with seat or similar type equipment, elevator operator - inside, engineer oiler, generator operator, generator, pump or compressor plant operator, pump operator, signal, switch GROUP 2: Concrete mixer operator - skip type, conveyor operator, fire person, hydrostatic pump operator, oiler crusher (asphalt or concrete plant), skiploader (when wheel type up to 3/4 yd. without attachment), soils field technician, tar pot fire person, temporary heating plant operator, trenching machine operator GROUP 3: Equipment greaser (rack), Ford Ferguson (with dragtype attachments), helicopter radio (ground), power concrete curing machine operator, power concrete saw operator, power - driver jumbo form setter operator, stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fire person, backhoe operator (mini -max or similar type), boring machine operator, box or mixer (asphalt or concrete), chip spreading machine operator, concrete pump operator (small portable), drilling machine operator, small auger CA940002 - 18 01/13/1995 types (Texoma super economatic or similar types - Hughes 100 or 200 or similar' types - drilling depth of -30' maximum), equipment greaser (grease truck), guard rail post driver operator, highline cableway signal, hydra -hammer -aero stomper, power sweeper operator, roller operator (compacting), screed operator (asphalt or concrete), trenching machine operator (up to 6 ft.) GROUP 5: Equipment greaser (grease truck/multi-shift) GROUP 6: Asphalt plant engineer, batch plant operator, bit sharpener, concrete joint machine operator (canal and similar type), concrete planer operator, deck engine operator, derrick (oilfield type), drilling machine operator, bucket or auger types (Caldwell 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 4.5' maximum), drilling machine operator, hydrographic seeder machine operator (straw, pump or seed), Jackson track maintainer, or similar type, Kalamazoo switch tamper, or similar type, machine tool operator, Maginnis internal full slab vibrator, mechanical berm, curb or gutter (concrete or asphalt), mechanical finisher operator (concrete, 'Clary -Johnson - Bidwell or similar type), pavement breaker operator (truck mounted), road oil mixing machine operator, roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck), self-propelled tar pipelining machine operator, skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.), slip form pump operator (power driven hydraulic lifting device for concrete forms), tractor operator - bulldozer, tamper -scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types), tugger hoist operator GROUP 7: Asphalt or concrete spreading operator (tamping or finishing), asphalt paving machine operator (Barber Greene or similar type), backhoe operator (up to and including 3/4 yd.), small Ford, Case or similar, cast -in-place pipe laying machine operator, combination mixer and compressor operator (gunite work), compactor.operator (self-propelled), concrete mixer operator (paving)', crushing plant operator, drill doctor, drilling machine operator, bucket or auger types (Caldwell 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700,.800 auger or similar types - drilling depth of 601 maximum), elevating grader operator, grade checker, gradall operator, grouting machine operator, heavy-duty repair person, Kalamazoo ballast regulator or similar type, Kolman belt loader and similar type, Le Tourneau blob compactor or similar type, loader operator (Athey, Euclid, Sierra and similar types), pneumatic concrete placing machine operator (Rackley-Presswell or similar type), pumperete operator, rotary drill operator (excluding caisson type), rubber -tired earth -moving equipment operator (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck), rubber -tired earth -moving equipment operator (multiple engine up to and including 25 yds. CA940002 -19 01/13/1995 struck), rubber -tired scraper operator (self -loading paddle wheel type - John Deere, 1040 and similar single unit), self-propelled curb and gutter machine operator, skipload operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.), surface heater and planer operator, tractor compressor drill combination operator, tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar - bulldozer, tamper, scraper and push tractor single engine), tractor operator (boom attachments), traveling pipe wrapping, cleaning and bending machine operator, trenching machine operator GROUP 8: Heavy-duty repair person (multi -shift) GROUP 9: Drilling machine operator, bucket or auger types (Caldwell 200 B bucket or similar types - Watson 3000 or 5000 auger or similar types - Texoma 900 auger or similar types - drilling depth of 105' maximum), dual drum mixer, heavy-duty repair -welder combination, monorail locomotive operator (diesel, gas or electric), motor patrol - blade operator (single engine), multiple engine tractor operator (Euclid and similar type - except Quad 9 cat.), rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck), rubber -tired earth -moving equipment operator .(multiple engine,. Euclid, Caterpillar and similar over 25 yds. and up to 50 yds.), tower crane repair person, tractor loader operator (crawler and wheel type over 6- 1/2 yds.), Woods mixer operator (and similar pugmill equipment) GROUP 10: Heavy -duty -repair -welder combination (multi -shift) GROUP 11: Auto grader operator, automatic slip form operator, drilling machine operator, bucket or auger types (Caldwell, auger 200 CA or similar types - Watson auger 6000 or similar types - drilling depth of 175' maximum), hoe ram or similar with compressor, mass excavator operator, mechanical finishing machine operator, mobile form traveler operator, motor patrol operator (multi -engine), pipe mobile machine operator, rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck), rubber -tired self - loading scraper operator (paddle -wheel -auger type self -loading - two (2) or more units) GROUP 12: Rubber -tired earth -moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 13: Canal liner operator, canal trimmer operator, remote - control earth -moving equipment operator, wheel excavator operator GROUP 14: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar type$ with any and all attachments over 25 yds. and up to and including 5b yds. struck), rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine - up to and CA940002 - 20 01/13/1995 struck), rubber -tired scraper operator (self -loading paddle wheel type - John Deere, 1040 and similar single unit), self-propelled curb and gutter machine operator, skipload operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.), surface heater and planer operator, tractor compressor drill combination operator, tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar - bulldozer, tamper, scraper and push tractor single engine), tractor operator (boom attachments), traveling pipe wrapping, cleaning and bending machine operator, trenching machine operator GROUP 8: Heavy-duty repair person (multi -shift) GROUP 9: Drilling machine operator, bucket or auger types (Caldwell 200 B bucket or similar types - Watson 3000 or 5000 auger or similar types - Texoma 900 auger or similar types - drilling depth of 105' maximum), dual drum mixer, heavy-duty repair -welder combination, monorail locomotive operator (diesel, gas or electric), motor patrol - blade operator (single engine), multiple engine tractor operator (Euclid and similar type - except Quad 9 cat.), rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck), rubber -tired earth -moving equipment operator 4multiple engine,. Euclid, Caterpillar and similar over 25 yds. and up to 50 yds.), tower crane repair person, tractor loader operator (crawler and wheel type over 6- 1/2 yds.), Woods mixer operator (and similar pugmill equipment) GROUP 10: Heavy -duty -repair -welder combination (multi -shift) GROUP 11: Auto grader operator, automatic slip form operator, drilling machine operator, bucket or auger types (Caldwell, auger 200 CA or similar -types - Watson auger 6000 or similar types - drilling depth of 175' maximum), hoe ram or similar with compressor, mass excavator operator, mechanical finishing machine operator, mobile form traveler operator, motor patrol operator (multi -engine), pipe mobile machine operator, rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck), rubber -tired self - loading scraper operator (paddle -wheel -auger type self -loading two (2) or more units) GROUP 12: Rubber -tired earthmoving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 13: Canal liner operator, canal trimmer operator, remote - control earth -moving equipment operator, wheel excavator operator GROUP 14: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar type$ with any and all attachments over 25 yds. and up to and including 50 yds. struck), rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine - up to and CA940002 - 20 01/13/1995 including 25 yds. struck) GROUP 15: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck), rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 16: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck), tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 17: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 18: Concrete pump operator, truck -mounted, rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination,.excluding compaction units I single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 cu. yds. struck), rubber -tired earth- moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 19: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck) GROUP 20: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 21: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 22: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system.(single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck), rubber -tired earth -moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single CA940002 - 21 01/13/1995 engine, over 5(> yds. struck), rubber-tired.earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 24: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (under 5 tons capacity) GROUP 2: Truck crane oiler GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Stinger crane (Austin -Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Fork lift operator (over 5 tons); Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and. similar types); Material hoist operator; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); crawler transporter operator; Derrick barge operator (up to and including'2*5'ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. mrc) GROUP 9: Crane operator (over 25 tons and up.to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K -crane operator; Polar crane operator; Tower crane operator GROUP 10: Crane operator (over 50 tons and up to and including CA940002 - 22. 01/13/1995 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tonsupp oer and including s up to 2 0 tons mrc Mobile tower crane operator cluding 200 tons mrc) GROUP 12• Crane operator (over 200 tons up to and including 300 •Derrick barge operator (over 200 tons up to and tons mrc); s Gu derrick including 300 tons mrc); Hoist operator, stiff tons or similar type (over 200 tons, p to and mrc); Mobile tower crane operator (over 20o tons, up including 300 tons mrc) GROUP 13• Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power -driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4••Bit sharpener; Equipment greaser (grease truck); Slip form pump Operator (power -driven hydraulic lifting device for concrete forms); Tugger hoist operator and um); Tun el 30 tons) locomotive operator (over 10 and up to GROUP 5• Backhoe operator (up to and including 3/4 yd.); Small Drill doctor; Grouting machine operator; Ford, Case of similar; Drill Heavy-duty repairperson; Loader operator Heading shield operes Mucking machine (Athey, Euclid, Sierra and similar it or -track a pneumatic operator (1/4 yd., rubber -tired, rail kley- type); concrete placing machine operator (Hackley-Precrete. or operator; type); Pneumatic heading shield (tunnel); pumperete gun op Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator,(over 30 tons) GROUP 6: Heavy-duty repair/welder combination GROUP7----------------- Tunnel mole boring machine operator --- -------------------------------------- CA940002 - 23 01/13/1995 IRON0001C 07/01/1994 Rates Fringes VANDENBERG AIR FORCE BASE: IRONWORKERS: Ornamental, reinforcing 24.58 11.92 and structural 23.69 11.92 Fence erector ------- IRON0001F 07/01/1994 Rates Fringes REMAINDER OF COUNTIES AND PARTS OF COUNTIES: IRONWORKERS: Ornamental, reinforcing and 21.58 11.92 structural 20.69 11.92 Fence erector -------- ------------------ ----------------------- LAB00001B 07/01/1994 BRICK TENDER LAB00002B 01/01/1992 KERN COUNTY: PLASTERER TENDER: Rates Fringes 16.86 8.51 ------------------------- Rates Edwards Air Force Base; Elk Hills Naval Reserve; and Naval Air 18.64 Weapons Station, China Lake Fringes 7.91 Count 14.96 7.91 Remainder of Kern Y ------------------- -------------------------------- LAB00002D 07/01/1994 Rates SAN LUIS OBISPO AND SANTA BARBARA COUNTIES: PLASTERER TENDER: San Luis Obispo County and Santa Barbara County (north part): Work on single family homes and apartments up to and including 3 stories CA940002 - 24 Fringes 01/13/1995 (does not apply to Vandenberg Air Force Base, Point Arguello or Camp Roberts) 14.13 8.29 All other work 16.98 8.29 Santa Barbara County (south part): Work on single family homes and apartments up to and including 3 stories 14.13 8.29 All other work 17.98 8.29 ------------------------------------------------------------- LAB00002H 07/01/1994 LABORERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5" TUNNEL LABORERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 Rates Fringes 16.61 8.51 17.01 8.51 17.21 8.51 18.26 8.51 18.46 8.51 19.52 8.51 19.64 8.51 19.80 8.51 20.08 8.51 WORK ON SINGLE FAMILY HOMES AND APARTMENTS UP TO AND INCLUDING 3 STORIES: Landscape laborer, clean-up, fencing'(chain link and wood) 12.79 8.51 All other work on single family homes and apartments up to and including 3 stories 13.79 8.51 GUNITE LABORERS: GROUP 1 19.86 9.96 GROUP 2 18.91 9.96 GROUP 3 16.40 9.96 HOUSEMOVERS (ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A CONSTRUCTION CONTRACT): Housemover 15.37 8.19 Yard maintenance person 15.12 8.19 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panels, -forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick and lumber; Dry packing CA940002 - 25 01/13/1995 Of concrete, plugging, filling of shee-bolt holes; Fire watcher, limber, brush loaders, pilers and debris handlers; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Railroad maintenance, repair track person and road beds; Rigging and signaling; Scaler; Slip form raiser; On highways, slurry seal crew (mixer operator, applicator operator, squeegee operator, shuttle, top); Streetcar and railroad construction track laborers; Striper, concrete or other paved road surfaces; Tar and mortar; Tool crib or tool house laborer on highways; Traffic control by any method; Traffic delineating device applicator; Window cleaner; Wire mesh, Pulling all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. .or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the foundations, footings, curb, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar,type heavy construction; Gas, oil and/or water pipeline wrapper; Pot tender and form person; Guinea chaser; Headerboard, asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer (lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6 -in. pipe and over, by any method, inside and.out; Hydro seeder and similar type; Impact wrench multi -plate; Kettle, pot and asphalt applier, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools; Vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand -propelled GROUP 4: Asphalt raker, lute person, ironer and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting CA940002 - 26 - 01/13/1995 walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock slinger; Laborer, asphalt -rubber distributor bootperson; Laser beam in connection with laborers' work; No -joint pipe and stripping of same; Over -size concrete vibrator operator, 70 lbs. and over; Pipelayer, including water, sewage, solid, gas or -air; Porta shot -blast; Prefabricated manhole installer; Sandblaster (nozzle, water blasting) GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller; All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all types of mechanical drills; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang Zucker, track; Concrete crew, including rodder and spreader; Changehouse; Dump; Dump (outside); Swamper (brake and switch on tunnel work); Tunnel materials handling GROUP 2: Cable tender; Chuck tender; Nipper; Vibrator operator, jackhammer, pneumatic tools (except driller); Loading and unloading agitator cars; Pot tender, using mastic or other materials GROUP 3: Blaster, driller, powder; Chemical grout jet; Cherry picker; Grout gun; Grout mixer; Grout pump; Jackleg miner; Jumbo; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Powder (primer house); Primer; Shotcrete;.Steel form raiser and setter; Timber; Retimber (wood or steel); Tunnel concrete finisher; No;ile; Operating troweling and/or grouting machine; Sandblaster GROUP 4: Shaft, raise miner; Diamond driller GUNITE LABORERS CLASSIFICATIONS GROUP l: Nozzle and rod GROUP 2: Gun GROUP 3: Rebound LAB00067D 02/01/1993 ASBESTOS REMOVAL LABORER Rates Fringes 10.00 3.83 SCOPE OF WORK: CA940002 - 27 01/13/1995 Includes site mobilization, initial site clean-up, site preparation, removal of asbestos -containing material and toxic waste (including lead abatement and any other toxic materials), encapsulation, enclosure and disposal of asbestos - containing materials and toxic waste (including lead abatement and any other toxic materials) by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden - - -barriers and assembly of decontamination stations. ---------------------------------- LAB00300A 06/29/1994 LOS ANGELES AND ORANGE COUNTIES Rates Fringes PLASTERER TENDER: Work on single family homes and apartments up to and including 3 stories 16.69 8.24 All other work 19.69 8.24 ----------------------------------- LABOO585A 08/01/1994 VENTURA COUNTY: Rates Fringes PLASTERER TENDER: Work on single family homes and apartments not to exceed 2 stories in height 15.48 8.29 All other work 17.48 8.29 -------------------------------------- LAB00783A 07/01/1994 Fringes IMPERIAL, INYO, MONO, RIVERSIDE AND SANates BERNARDINO COUNTIES: PLASTERER TENDER: Work on single family homes and apartments up to and including 3 stories: Plasterer tender 16.90 9.04 Plasterer clean-up laborer 13.56 9.04 All other work: Plasterer tender 19.90 9.04 Plasterer clean-up laborer 16.56 9.04 FOOTNOTE: Work at Fort Irwin, George Air Force Base, marine -Corps Air Station 29 Palms, Marine Corps Logistics Supply Base, Mountain Warfare Training Center, Naval Air Facility Seeley, and U.S. CA940002 - 28 01/13/1995 Marine Corps Pickle Meadows: $3.00 per hour additional. ----------------- -- -- - ---- -- - -- ----------------------------- -------- --- - - - - - - - - - - PAIN0036A 01/01/1993 Rates Fringes INYO AND KERN COUNTIES; LOS ANGELES COUNTY (except Pomona area); MONO COUNTY; AND SAN BERNARDINO COUNTY (west of a line north of TXono including China Lake area, Johannesburg, Boron, south including the Wrightwood area): DRYWALL FINISHER: Kern County (west of the Los Angeles Aqueduct) 19.69 Remainder of area 23.16 PAINTERS: Los Angeles County (except Antelope Valley and the Pomona area) Work on all wood frame structured used for human habitation, including motels and convalescent homes Work on servicq stations and car washes; small commercial work (construction up to and including 3 stories in height, such as small shopping centers, small stores, small office buildings and small food establishments); small industrial work (light metal buildings, small warehouses, small storage facilities and tilt -up buildings); and tenant improvement work (tenant improvement work not included in conjunction with the construction of the building; including repaint work)'(not applicable to any phase of the aerospace industry or to hotels which operate commercial establish- ments as part of the hotel service) All other work: Brush and roller Paperhanger; Swing stage; 17.15 19.10 22.12 4.69 4.69 2.65 4.68 4.68 CA940002 - 29 01/13/1995 Paste machine operator 22.37 4.68 Sandblast; Spray; 23.12 4.68 Steeplejack Inyo and Kern Counties; Los 5.94 Angeles County (Antelope 20.95 21.20 5.94 5.94 Valley); Mono County; and San Bernardino County (west of a line north of Trono including the China Lake area, Johannesburg, Boron, south including the Wrightwood area): 21.45 5.94 Work on wood framed housing, motels and convalescent 15.15 2.65 homes All other work: 17.68 4.68 Brush & roller 22.445 5.94 Paperhanger; Swing stage; 17.93 4.68 Paste machine operator Sandblast; Spray; 18.68 4.68 Steeplejack ---------- PAIN0048D 01/01/1993 gates Fringes IMPERIAL COUNTY; LOS DGS SAN BERNARDINO COnUNTYr(excludingEwestern RIVERSIDE COUNT portion) : DRYWALL FINISHER 21.18 5.94 PAINTERS:20.70 5.94 Brush stage; Spray Brush, swing 20.95 21.20 5.94 5.94 Paperhanger; Spray, swing stage SandblasterIron, work)steel bridge (ground lron, steel & bridge - spray (ground); Rigger, climbing steel; Brush, climbing steel 21.45 5.94 & bridge Sandblaster, swing stage; Iron, steel & bridge (swing stage);_ Iron, steel & bridge (swing 5.94 stage, spray) 22.445 5.94 Steeplejack -21. ------------ PAIN0O52A 07/01/1992 Rates Fringes SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: CA940002 - 30 01/13/1995 DRYWALL FINISHER 22.86 4.45 PAINTERS: Work on single family homes and apartments up to and including 3 stories: Painter, brush Painter, spray 16.15 4.70 All other work: 16.65 4.70 Painter; Pot tender (brush) Paperhanger; Paste machine. 20.19 4.70 operator spray, sandblaster _ 20.44 4.70 Waterblaster; Power cleaning (non -steel); Steam cleaning (non -steel) Sign painter 20'69 4.70 Steeplejack P 7 (non -steel) 20'84 21.19 4.70 High and hazardous, interior or 4.70 exterior staging, scaffolding, bos'n chair, spider or swine stage: 4th or 5th stories: Painter Spray painter, sandblaster, 21.56 4.70 waterblaster4 Power cleaning; Steam cleaning; Steeplejack 6th through 10th stories: 22.06 4.70 Painter Spray painter; Sandblaster; 22.44 4.70 waterblaster; Power cleaning; Steam cleaning; Steeplejack 22.94 10 stories and over: 4.70 Painter Spray painter; Sandblaster; 22.94 4'70 Waterblaster; Power cleaning; Steam cleaning Iron and" steel: 23.44 4.70 Iron and steel/brush; Pot tender/steel Iron and steel/spray; Iron 21.44 4.70 and steel sandblast power clean High iron and steel construction; 21.94 4.70 Bridges over 30 ft.: Painter/brush Painter/steel/spray; Sand- 22.94 4.70 --blaster; Waterblaster ----------------------------------- 23.44 4.70 CA940002 - 31 01/13/1995 PAIN0132A 11/01/1993 Rates Fringes INYO, KERN, MONO AND SAN LUIS OBISPO COUNTIES: GLAZIER 20.87 6.07 ---------------------------------------------------- ------ PAIN0636A 11/01/1994 Rates Fringes IAS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SANTA BARBARA AND VENTURA COUNTIES: GLAZIER 22.60 7.50 -------------------------------------------------------------- PAIN1176A 04/01/1993 Rates Fringes INYO AND MONO COUNTIES: PARKING LOT STRIPING WORK AND/OR ' HIGHWAY MARKING: GROUP 1 20.93 5.64 GROUP 2 19.88 5.64 GROUP 3 & GROUP 5 17.79 5.64 GROUP 4 20.93 5.64 service person (maintenance and repair of equipment) (on jobsite only) 12.56 5.19 Parking lot, game court and playground installer 13.00 5.64 Protective coating, resurfacing, pavement sealing, slurry seal, including repair when done in' conjunction with pavement sealing and slurry seal work 17.93 5.64 Sealer/mixer 17.16 5.64 Applicator operator, shuttle person and squeegee person 15.13 5.64 PARKING LOT STRIPING AND/OR HIGHWAY MARKING CLASSIFICATIONS GROUP 1: STRIPER: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape traffic stripes and markings GROUP 2: TRAFFIC DELINEATING DEVICE APPLICATOR: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers; other traffic delineating devices; includes all related surface preparation (sandblasting, waterblasting, grinding) as part of the application process CA940002 - 32. 01/13/1995 GROUP 3: TRAFFIC SURFACE ABRASIVE BLASTER: removal of traffic lines and markings; preparation of surface for coatings and traffic control devices GROUP 4: TRAFFIC PROTECTIVE DELINEATING SYSTEMS INSTALLER: removes; relocates; installs permanently affixed roadside and parking.delineation barricades; fencing, guard rail; cable anchor, retaining walls, reference signs, monument markers GROUP 5: TRAFFIC CONTROL PERSON: Sole function is to control and direct traffic through both conventional and moving lane enclosures ---------------------------------------------------------------- PAIN1176B 04/01/1993 Rates Fringes IMPERIAL, KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: PARKING LOT STRIPING WORK AND/OR HIGHWAY MARKERS: GROUP 1 19.93 5.67 GROUP 2 18.93 5.67 GROUP 3 16.94 5.67 GROUP 4 19.93 5.67 GROUP 5 16.94 5.67 Service person (maintenance and repair of equipment) (on jobsite only) 11.96 5.25 Slurry seal work: Fresno, Imperial, Kern, Kings, Los Angeles, San Luis Obispo, Santa Barbara, Tulare and Ventura counties: Sealer/mixer 14.89 3.66 Applicator operator, shuttle person and squeegee person 13.18 3.66 Traffic surface protective coating applicator 15.51 .3.66 orange, Riverside and San Bernardino Counties: Sealer/mixer 14.54 3.52 CA940002 - 33 01/13/1995 Applicator operator, shuttle person and squeegee person 12.88 3.52 Traffic surface protective coating applicator 15.15 3.52 PARKING LOT STRIPING AND/OR HIGHWAY MARKING CLASSIFICATIONS GROUP 1: STRIPER: Laydut and application of painted traffic stripes and marking; hot thermo plastic; tape traffic stripes and marking GROUP 2: TRAFFIC DELINEATING DEVICE APPLICATOR: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers; other traffic delineating devices; includes all related surface preparation (sandblasting, waterblasting, grinding) as part of the application process GROUP 3: TRAFFIC SURFACE ABRASIVES BLASTER: Removal of traffic lines and markings; preparation of surface for coatings and traffic control devices - GROUP 4: TRAFFIC PROTECTIVE DELINEATING SYSTEMS INSTALLER: .Removes; relocates; installs; permanently affixed,roadside and parking delineating barricades, fencing, guard rail, cable anchor, retaining walls, reference signs, monument markers GROUP 5: TRAFFIC CONTROL PERSON: Sole function is to control and direct traffic through both conventional and moving lane closures ---------------------------------------------------------------- PAIN1247A 10/01/1993 Rates Fringes INYO, KERN AND MONO COUNTIES: SOFT FLOOR LAYER 18.52 5.97 ---------------------------------------------------------------- PAIN1247B 08/01/1992 Rates Fringes LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: SOFT FLOOR LAYER 23.30 6.49 7 --------------------------------------------------------------- PAIN1399B 08/01/1994 IMPERIAL COUNTY: Rates Fringes CA940002 - 14 01/13/1995 GLAZIER ------------------------- PAIN1711A 10/13/1993 IMPERIAL COUNTY: SOFT FLOOR LAYER 22:89 ----------------------------------- 7.05 Rates Fringes 16.95 5.44 PIAS0002B 08/02/1994 Rates Fringes LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO AND VENTURA COUNTIES: PLASTERER: Work on single family homes and apartments up to and including 3 stories 21.86 5.26 All other work 24.86 5.26 ------------------------------------------------------------- PLAS0052B 07/01/1994 Rates Fringes CEMENT MASONS: Work on wood or metal frame construction of single family residences, apartments and condominiums (does not include projects that exceed 3 stories; any utility work, such as telephone, gas, water, sewer and other utilities; or any work outside property lines, including curbs, gutters and sidewalks) 15.00 4.17 Work on projects where the total permit value of the general contract and all subcontracts upon that jobsite is $7.5 million or less:. Cement mason; Cement mason; Curb and gutter machine; Clary and similar type of screed operator (cement only); Grinder; Jackson vibratory, Texas screed and similar type screed operator; Scoring machine operator 18.30 8.25 CA940002 - 35 01/13/1995 Cement mason (magnesite - epoxy) 18.42 8.25 Cement mason, floating and troweling machine operator 18.55 8.25 All other work: Cement mason, including but not restricted to the following: cellular cement mason, chipping; patching, grinding; setting all concrete forms and perimeter forms, including catch basin structures and drain inlets, setting curb form and plank, setting of lines, stakes and grades; setting screeds, which includes screed pins; cutting scoring and sawing new concrete, plugging, filling Shee-bolt holes; dry packing concrete and EMBECO; tending material hose on slabs, floors and decks; tending mixer -truck chute on slabs, floors and decks; bush hammering; patching and sacking, rodding, tamping, bidwell and similar type rodding machines, bull floating; Curb and gutter machine operator; Clary and similar type of screed operator (cement only); Grinding machine (all types); Jackson Vibratory, Texas Screed and similar type screed operator; Scoring machine operator 20.26 10.25 Cement.mason (magnesite, magnesite - terrazzo and mastic composition, Epoxy, urethanes and exotic coatings, Dex-O-Tex) 20.38 10.25 Cement mason floating and troweling mmachine operator ---------------------------------------------------------------- 20.51 10.25 PLAS0191B 03/01/1994 Rates Fringes INYO, KERN AND MONO COUNTIES: PLASTERERS: Work on housing two stories and CA940002 - 36 - 01/13/1995 under: Plasterer 16.32 5.41 Nozzle operator 16.58 5.41 All other work: Plasterer 16.92 5.91 Nozzle operator 17.05 5.91 ---------------------------------------------------------------- PLAS0341B 08/07/1993 SANTA BARBARA COUNTY: Rates Fringes PLASTERER 22.10 4.53 ---------------------------------------------------------------- PLAS0346B 05/01/1993 IMPERIAL COUNTY: Rates Fringes PLASTERER: Work on single family homes and apartments up to and including 3 stories 15.42 5.29 All other work 18.42 5.29 ----------------------------------------------- ------ PLAS0775B 06/01/1993 SAN LUIS OBISPO COUNTY: Rates Fringes PLASTERER 21.77 ---------------------------------------------------------------- PLUM0016G 07/01/1994 Rates Fringes IMPERIAL, IAS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: PLUMBER; STEAMFITTER: Fort Irwin Army Base, Marine Corps Logistic Base at Nebo, Marine Corps Logistic Base at Yermo, San Nicolaus Island, and Twenty -Nine Palms Marine Base 31.31 7.54 Camp Roberts, George Air Force Base and Vandenberg Air Force Base 30.06 7.54 CA940002 - 37 01/13/1995 Remainder of Counties and parts of Counties 27.81 7.54 LANDSCAPE & IRRIGATION WORK: Journeyperson 21.43 7.16 Tradesperson 8.28 2.60 FOOTNOTE: Duties of the landscape & irrigation tradesperson limited to: digging and/or backfilling with the exception.of motorized equipment; clean-up and sweeping; pipe wrapping and waterproofing where tar or similar materials is applied for protection; operation of vibrating machines; coating and grouting of all pipe joints, holes or chases allied to the piping. ---------------------------------------------------------------- PLUM0250A 09/01/1993 Rates Fringes LOS ANGELES AND ORANGE COUNTIES: REFRIGERATION & AIR CONDITIONING 27.15 7.40 ---------------------------------------------------------------- PLUM0355B 07/01/1994 Rates Fringes INYO, KERN AND MONO COUNTIES: LANDSCAPE FITTER; UNDERGROUND UTILITY WORKER 22.00 2.70 --------------------------------------------- - - -- - - - -- - -- - - - - - - -- - PLUM0364A 02/01/1993 Rates Fringes RIVERSIDE AND SAN BERNARDINO COUNTIES: REFRIGERATION & AIR CONDITIONING 19.55 1% + 5.78 ---------------------------------------------------------------- * PLUM0460A 01/01/1995 Rates Fringes INYO, KERN AND MONO COUNTIES: PLUMBER; STEAMFITTER: Encompasses all the Central Valley; Bakersfield, Lamont, Arvin, Frazier Park, Taft, Shafter, Wasco, McFarland, Deleano 23.21 6.48 CA940002 - 38 01/13/1995 Encompasses-Kernville, Tehachapi, Lake Isabella, Mohave, Monolith and Weldon 26.21 6.48 Encompasses the far eastern side of Kern County, which includes Edwards Air Force Base, Rosamond, Boron, China Lake Naval Weapons Center, Ridgecrest and all of Inyo and Mono Counties 28.21 6.48 -------------------------------------------------------------- ROOF0027B 09/01/1994 Rates Fringes INYO, KERN AND MONO COUNTIES: ROOFER 18.90 6.00 ---------------------------------------------------------------- ROOF0036A 01/01/1994 Rates Fringes LOS ANGELES, ORANGE, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: ROOFERS: Roofer 20.27 6.635 Preparer (duties limited to the following: tear -off and/or remove any type of roofing or roofing material or spudding, or sweeping and/or clean-up, and/or preloading, or in preparing the roof for application of roofing, damp And/or waterproofing material) 15.55 1.00 ---------------------------------------------------------------- ROOF0045A 01/01/1993 IMPERIAL COUNTY: Rates Fringes ROOFER 18.70 3.38 ---------------------------------------------------------------- ROOP0146A 09/01/1992 Rates Fringes RIVERSIDE AND SAN BERNARDINO COUNTIES: ROOFER 18.78 7.50 ---------------------------------------------------------------- CA940002 - 39 01/13/1995 SFCA0669B 01/01/1994 Rates Fringes REMAINDER OF COUNTIES AND PARTS OF COUNTIES: SPRINKLER FITTER 27.00 6.73 ---------------------------------------------------------------- SFCA0709A 01/01/1992 Rates Fringes LOS ANGELES COUNTY; ORANGE COUNTY (Catalina Island; San Clemente Island; city of Santa Ana; and remainder of Orange County within 25 miles beyond the city limits of Los Angeles); SAN BERNARDINe COUNTY (northern part of city of Chino; and cities of Montclair. and Ontario); VENTURA COUNTY (Port Hueneme; Port Mugu; city of Santa Paula; and remainder of Ventura County within 25 miles beyond the city limits of Los Angeles): SPRINKLER FITTER 30.22 11.64 ---------------------------------------------------------------- SHEE0102A 10/01/1994 Rates Fringes INYO COUNTY; KERN COUNTY (east of Hwy. 0395 from Red Mountain to the Inyo county line); LOS ANGELES COUNTY (south'of a straight line drawn between Gorman and Big Pines, California; south of Imperial Hwy. to the city limits of Long Beach, including the city of Long Beach and the Island of Catalina); MONO, ORANGE, RIVERSIDE AND SAN BERNARDINO COUNTIES: SHEET METAL WORKER: Los Angeles County (south of Imperial Hwy. to the city limits of Long Beach, including the City of Long Beach and the Island of Catalina); Orange, Riverside and San Bernardino Counties: Work on all general sheet metal, heating and air conditioning, metal fireplace installation, and solar systems on single family dwellings, multiple family dwellings, tract homes, and apartment buildings individually conditioned by separate and independent units or systems 20.63 8.94 All other work 23.66 9.04 Inyo County, Kern County (east of CA940002 - 40 01/13/1995 Hwy. 1395 from Red Mountain to the Inyo County line), Los Angeles County (south of a straight line drawn between Gorman and Big Pines, California, and north of Imperial Hwy. to the city limits of Long Beach, excluding the City of Long Beach and the Island of Catalina), and Mono, Riverside and San Bernardino Counties: Work on all general sheet metal, heating and air conditioning, metal fireplace installation, and solar systems on single family dwellings, multiple family dwellings, tract homes, and apartment buildings individually conditioned by separate and independent units or systems 20.61 A11 other work 23.76 8.69 8.47 ---------------- ------------------------------------ - SHEE0108A 07/01/1994 Rates Fringes KERN COUNTY (west of Hwy. 1395 from Red Mountain to the Inyo county line); LOS ANGELES COUNTY (north of a straight line drawn between Gorman and Big Pines, California): SHEET METAL WORKER: Residential/light commercial 17.18 7.95 (10,000 sq. ft. or less) 7.95 All other work 21.73 ---------------------------------------y------------------------ SHEE0108B 08/01/1992 Fringes Rates LOS ANGELES COUNTY (south of a straight line drawn between Gorman and Big Pines, California; excluding the part south of Imperial Hwy. to the city limits of Long Beach, and excluding the city of Long Beach and the Island of Catalina): L WORKER 25.60 8.41 SHEET META -------- ----------- ----------------------------- SHEE0206B 07/01/1994 Rates Fringes IMPERIAL COUNTY: SHEET METAL WORKER 20.85 8.83 CA940002 - 41 01/13/1995 SHEE0273A 08/01/1994 Rates Fringes SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: SHEET METAL WORKER 24.66 8.38 ---------------------------------------------------------------- TEAM0011A 07/01/1994 Rates TRUCK DRIVERS: Camp Roberts; Edwards Air Force of Counties and Base; E1 Centro; Fort Irwin; parts of George Air Force Base; Mountain Warfare Training Center (Bridgeport); Naval Air Facility; Naval Air 18.79 Weapons Station, China Lake; 2 Nebo Marine Ballistic Base GROUP (Yermo); Point Arguello; 19.07 Point Conception; Twenty -Nine Palms Marine Base; and GROUP Vandenberg Air Force Base: 19.20 GROUP 1 20.79 GROUP 2 20.94 GROUP 3 21.07 GROUP 4 21.12 GROUP 5 21.20 GROUP 6 21.32 GROUP 7 21.57 GROUP 8 22.02 GROUP 9 22.32 GROUP 10 22.82 Remainder of Counties and parts of Counties: GROUP 1 18.79 GROUP 2 18.94 GROUP 3 19.07 GROUP"4 19.12 GROUP 5 19.20 GROUP 6 19.32 GROUP 7 19.57 GROUP 8 20.02 GROUP 9 20.32 GROUP 10 20.82 TRUCK DRIVER CLASSIFICATIONS GROUP 1: Teamster CA940002 - 42 Fringes 11.54 11.54 11.54 11.54 11.54 11.54 11.54 11.54 11.54 11.54 11.54 11.54 11.54 11.54 11.54 11.54 11.54 11.54 11.54 11.54 01/13/1995 GROUP 2: Driver of vehicle or combination of vehicles of 2 axles (including all vehicles less than 6 tons)mentaff is equipment control pilot car, excluding moving heavy qu P load GROUP 3: Truck -mounted power broom GROUP 4: Driver of vehicles or combination of vehicles of 3 axles GROUP 5• Boot person; Cement distributor; Erosion control driver; Fuel truck; Water truck, 2 -axle GROUP 6: Dump, less than 16 yds. GROUP 7: Transit mix, under 3 yds.; Dumperete, less than 6- 1/2 yds. GROUP 8: Water truck, 3 or more axles GROUP 9: PB and similar type truck when performing within the Teamsters' jurisdiction; Pipeline and utility working truck including winch, but limitgd to truck applicable to pipeline and utility work, where a composite crew is used; Slurry driver; Truck greaser and tire worker (50 cents per hour additional for tire) GROUP 10: Water,pull twin engine; Water pull twin engine with attachments FOOTNOTE:winch or Winch truck driver - $1.25 additional when operating similar special attachments. -------------------------- -------------------------------------- - Receive rate prescribed for craft performing operation WELDERS tal. to which welding is incidental. - Unlisted classifications needed for work not included aithin the scope of the classifications listed may be added award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(v)) ------------------------------------------- -------------------- in the listing above, the "SU" designation means that rates listed under athat ndifringeler do not benefit rates. ootherlectively designations bargained wage an g indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION CA940002 - 43 01/13/1995