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Home My WebLink About02/21/1995Cit CO3Ixact/ AGENDA Tuesday, February 21, 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. 111.1_ �1111II I�,11� � Please refrain from smoking, eating or drinking 0 in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in writing to the City Cleric. As a general rule the opportunity for public 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 persons. 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. If not complied with, you will forfeit your re ming time as ordered by the Chair. 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 wbo 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. Next Resolution No. 95-08 Next Ordinance No. 03(1995) 1. CALL TO ORDER: 6:30 P.M. PLEDGE OF ALLEGIANCE: Eagle Scouts Stephen Elfelt and Aaron Gruesel ROLL CALL: Council Members Ansari, Harmony, Miller, Mayor Pro Tem Werner, Mayor Papen 2. SPECIAL PRESENTATION, PROCLAMATIONS, CERTIFICATES: 2.1 PRESENTATION OF COMMENDATION - To Lou Esposito for her service on the Traffic & Transportation Commission. 2.2 PROCLAMATION - Black Women's History Month - February, 1995. 2.3 INTRODUCTION - Walnut Sheriff/City of Diamond Bar Team Lieutenant, David Stothards 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 Sbeaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. 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 COUNCIL GENERAL PLAN HEARING - February 23, 1995 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 PARKS & RECREATION COMMISSION - February 23, 1995 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Drive. 5.3 PLANNING COMMISSION - February 27, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL GENERAL PLAN HEARING - February 28, 1995 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 CITY COUNCIL GENERAL PLAN HEARING - March 6, 1995 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 CITY COUNCIL MEETING - MARCH 7, 1995 - 6:30 p.m., AQMD FEBRUARY 21, 1995 PAGE 2 Auditorium, 21865 E. Copley Dr. 5.7 TRAFFIC & TRANSPORTATION COMMISSION - MARCH 9, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Regular Meeting of January 3, 1995 - Approve as submitted. Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular meeting of November 14, 1994 - Receive & file. 6.2.2 Regular meeting of December 12, 1994 - Receive & file. 6.2.3 Regular meeting of January 9, 1995 - Receive & file. Requested by: Community Development Director 6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 6.3.1 Regular meeting of November 10, 1994 - Receive & file. 6.3.2 Regular meeting of December 8, 1994 - Receive & file. 6.3.3 Regular meeting of January 12, 1995 - Receive & file. Requested by: City Engineer 6.4 VOUCHER REGISTER - Approve voucher register dated February 21, 1995 in the amount of $289,749.38. Requested by: City Manager 6.5 REJECTION OF CLAIMS: 6.5.1 Filed by Edward Wayne Goode on January 25, 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. 6.5.2 Filed by Insurance Co. of North America/ Carrara Marble Co. on September 13, 1994. 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 FEBRUARY 21, 1995 PAGE 3 6.5.3 Filed by Meredith M. Melton on January 25, 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 ACCEPTANCE OF THE PARKWAY TREES PLANTED ALONG MAJOR BOULEVARDS - At their meeting of September 20, 1994, the Council awarded a contract for planting trees in the parkways along major boulevards. Green Giant Landscape, the lowest responsive bidder, was awarded the contract for $14,930 plus a contingency in an amount not to exceed $1,500, for a total authorization of $16,430. Two change orders totalling $1,465 were processed for 20 additional trees. A total of 169 trees were planted per contract specifications, for a total cost of $16,395. All work specified in the contract and change orders has been completed and�is ready to be accepted by the Council. Recommended Action: It is recommended that the City Council accept the parkway trees planted along the major boulevards; direct the City Manager to sign the Notice of Completion and authorize release of the retention of $1,640 thirty-five days after filing the Notice. Requested by: Community Services Director 6.7 PLANS AND SPECIFICATION FOR MAINTENANCE OF LIGHTING AND LANDSCAPE DISTRICTS 38, 39 AND 41 - Current contracts for maintenance of the Districts will expire June 30, 1995. Plans and specifications have been developed to select a contractor to begin July 1, 1995. Enhancements have been added to the specifications to better serve the Districts in a more economical manner than the process currently in use. Enhancements include: (1) Addition of pest control responsibilities; (2) Addition of cleaning of "V" -ditches in natural areas; (3) Addition of annual inspection of backflow devices. Currently, the above tasks are completed as additional work per existing maintenance specifications, at an annual cost of about $12,000. (a) RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR LANDSCAPE MAINTENANCE DISTRICT 38 AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. (b) RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLAN/S AND SPECIFICATIONS FOR LANDSCAPE MAINTENANCE DISTRICT 39 AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE FEBRUARY 21, 1995 TO RECEIVE BIDS. (c) RESOLUTION NO. COUNCIL OF THE CITY SPECIFICATIONS FOR AND AUTHORIZING AND TO RECEIVE BIDS. PAGE 4 94 -XX: A RESOLUTION OF THE CITY OF DIAMOND BAR APPROVING PLANS AND LANDSCAPE MAINTENANCE DISTRICT 41 DIRECTING THE CITY CLERK TO ADVERTISE Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX for LAD No. 38; Resolution No. 95 -XX for LAD No. 39 and Resolution No. LAD No. 41. Requested by: Community Services Director 6.8 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICA- TIONS FOR CONSTRUCTION OF SIDEWALKS ON DIAMOND BAR BOULEVARD FROM FOUNTAIN SPRINGS ROAD TO PATHFINDER ROAD - Under the 1994-95 L.A. Urban CDBG (Community Development Block Grant) Program, $91,710 of CDBG federal funds were allocated toward construction of sidewalks on Diamond Bar Blvd. from Fountain Springs Rd. to Pathfinder Rd. Bid specifications have been prepared. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX approving plans and specifications for sidewalk construction on Diamond Bar Blvd. from Fountain Springs Road to Pathfinder Road and authorize the City Clerk to advertise for bids. Requested by: City Engineer 6.9 EXTENSION OF LIBRARY SERVICES AGREEMENT - In the 1994-95 budget, Council provided an appropriation of $160,000 for continuation of library services. Because other funding actions by L.A. County were expected, and their impact was unknown in the early part of the fiscal year, a formal agreement for Thursday and Saturday service was not finalized, although service was continued. The City received an invoice in the amount of $52,500 for this service during the four month period of July through October, 1994. The invoice also indicates that the Library "will need no further assistance for the remainder of this Fiscal Year." In January 1995, County funded services were expanded to Monday through Saturday. Recommended Action: It is recommended that the City Council ratify an extension of the agreement for Thursday and Saturday service at a rate of $1,500 per day for the period of July through October 1994. Payment of the invoice for this period is included in the current Warrant Register. Requested by: Assistant City Manager FEBRUARY 21, 1995 PAGE 5 6.10 CONFIRMATION OF APPOINTMENT OF ANNETTE FINNERTY TO THE PARKS & RECREATION COMMISSION. Recommended Action: It is recommended that the City Council confirm the appointment of Annette Finnerty to the Parks & Recreation Commission to complete the unexpired term of David Schey. Requested by: C/Ansari 7. PUBLIC HEARINGS: NONE 8. OLD BUSINESS: 8.1 VERBAL STATUS REPORT ON WILDLIFE CORRIDOR MEMBERSHIP. Requested by: C/Miller 8.2 ORDINANCE NO. 02 (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 provide clarification and to include new sections which make the System more efficient and effective. The Purchasing Ordinance was approved for first reading at the February 7, 1995 meeting. Staff has not received any additional comments regarding said Ordinance. Recommended Action: It is recommended that the City Council approve for second reading and adopt, by title only, Ordinance No. 02(1995). Requested by: City Manager 8.3 DISCUSSION OF CITY COUNCIL MEETING RULES - Continued from February 7, 1995 Recommended Action: It is recommended that the City Council direct staff as necessary. Requested by: Mayor Papen 8.4 a) CONSIDER AMENDMENTS/REVISIONS TO RESOLUTION NO. 91- 71 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING CITY COUNCIL STANDARDS OF OPERATION - 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 rela- tions. 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 censor- ship/sanctions related to inappropriate conduct FEBRUARY 21, 1995 PAGE 6 and/or activities. b) CONSIDERATION OF ADOPTION OF RESOLUTION NO. 95 -XX ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CENSURING COUNCILMAN CLAIR W. HARMONY. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX censuring C/Harmony. Requested by: Mayor Papen 9. NEW BUSINESS: 9.1 CITY -ON-LINE REPORT - On Wednesday, February 8, 1995 the City Online Technical Advisory Committee met with MPT/Werner and staff to set and prioritize goals to help improve and expand the level of services offered through City Online. After a lengthy discussion, the COL -TAC members approved a work plan for the remainder of the Fiscal Year. Overall, it was felt that the discussions were very positive and will help contribute to the continued development of City Online. Recommended Action: It is recommended that the City Council approve the proposed work plan as specified and direct staff to take the necessary action to complete each task by the end of FY 94- 95. Requested by: City Manager 10. 11. CLOSED SESSION: May convene to consider: Matters of pending Litigation (G.C. 54956.9), personnel items (G.C. 54957), or purchase/sale of real property (G.C. 54956.8). Records not available for public inspection. 1. Pending Litigation (Government Code Section 54956.9) Status report re: Oak Tree Lanes v. City of Diamond Bar. 2. Personnel Session (Government Code Section 54957) re: Consideration of appointment of City Attorney 3. Personnel Session (Government Code Section 54957) re: Evaluation of City Manager. 12. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: Lti J' / Gy /— DATE: ZS. - ADDRESS: o?/ 3 0 ', PHONE: •�'�/ - D 7 yL ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature 'J %- �� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: 9:S— ADDRESS: x/630 �a� �- w ,-�Q% PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGEADA ITEM NO. "ZdC DATE: TO: City- Clerk FROM: A I- ADDRESS: ORGANIZATION: SUBJECT: D U� %/1 n,_ -- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. 'TO FROM., ADS )RE=SS: OR aANIZATION AGr =NDA #/SUBJECT: - • �•� - r =�.� - =� "O ADDRESS THE CITY COUNCIL C I lY CLERK DATE: a J� ��'efv -P/E PHONE: S I expect to address the Coun-A on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: 6 u Ste,' �h DATE: ADDRESS: 2. i 3 " F a,' w ,;, PHONE: ORGANIZATION: AGENDA #/SUBJECT: 3 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 J TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO AnDRESS TWE CITY COl1NCIL CITY CLERK �k1 i Lr- (s S..y . T �i DATE: a -.7 t - 9,3- -) 1,630 a i'r ,....� / PHONE: AGENDA #/SUBJECT: 16. 8- a--- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS TME CITY COUNCIL TO: CITY CLERK FROM: �� % / iar DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect ,to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature N"A,RY REQ(.:ES " rU ADDRESS THE CITY COUNCIL 'TO: 0171Y CLERK FROM: DATE: ---- , ,ADDRESS: ��-- '' � �� f� V�HONE: ,ORGANIZATION: ,AGENDA #/SUBJECT: 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 CITY CLERK `Cf f �` 1-4 1,,,, _ DATE: AGENDA #/SUBJECT: /1, C 6411 +- 4- S, 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 A Y * =U`,.+ °aS T TO ADDRESS THE CITY COUNCIL I�J TO CITY "ILEF K FROM: a i- _-'--- DATE— AD[ ATEAD[RESS: � PHONE: ORc,ANIZATION: AGE NDA #/SUBJECT: I exF ect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature =S5 THE CITY COUNCIL *40 TO CITY CLERK l=R( V1: DATE: Z - Z ) AD[ CESS: LL PHONE: (DR( ANIZATION: AGE JDA #/SUBJECT:�_-- I exl -pct to address the Council on the subject agenda item. Please have the Council Minutes reflect my nam and address as written above. -<j Alf T -' Signature �' U0LUWrPXRV Unewmaw xo ZsMJwnmoo run o=Wv �ansacxz REGARDING AGENDA ITEM NO. 9,'1. 8 DATE: 2 TO: City Clerk FROM: �L %� f -'r f' i Z- i,4 ADDRESS: 2 3q5 S G's�7J jFKWGs p/� ��/frac,� /3�1 ORGANIZATION: SUBJECT: CrNSc.,R'�C- C4J/A C rL04 A,' G ta�R tu. 1-1f1R/H0,A.y I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. S NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. 'TO FROM: ADDRESS: ORGANIZATION: AGE=NDA #/SUBJECT: a� r TO ADDRESS THE CITY COUNCIL (:IIY CLE: FIK: DATE: PHONE: I expect to address the Cowicil on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VO VrARY REQUEST TO ADDRESS THE CITY COUNCIL I� 'TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT. (.I JY CLERK DATE:--7z—IZ/ ____ PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE C T y COUNCIL REGARDING AGENDA ITEM NO. �A DATE: 2- TO: City Clerk FROM: � i L ADDRESS: / ��15 �aL(��i� �M'I�GSi ORGANIZATION: SUBJECT: Era 61 C/ % � ' # 7/- %/ I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sianature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. J 'TO FROM: ADDRESS: w - -. N 0.k -,V �;--C7UEST TO ADDRESS THE CITY COUNCIL C I I'Y' ::LE --X OR, aANIZATION: AGi_NDA #/SUBJECT: DATE: PHONE: I ex;)ect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signatu 'TO FRi )M; AD )RE:SS: OR aANIZATION: AG :NDA #/SUBJECT -- ` A r TO ADDRESS THE CITY COUNCIL (:ITY C:LE:I='K: DATE: PHONE: I ex:)ect to address the Couric I cn the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: R:.t q CL. S DATE: ZI 1 5fs ADDRESS: PHONEL1p 9 t61 -141D ORGANIZATION: AGENDA#/SUBJECT: 0tA I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL V TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: DATE: z PHONE:" I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: is CITY CLERK DATE: PHONE: V I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. 01— �Signature `L- �`�� J VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CIN CLERK FRC 4: DATE: a;' ADE iE�SS: PHONE: i ORC kNIZATION: AGE DA #/SUBJECT: I expe j to address the Council on the subject agenda item. Please have the name and address as written above. Council Minutes reflect my Signature r RESS THE CITY I!._A,. ,� COUNCIL TO CIN CLERK FROM: ADDRESS: DATE: Z 2 ORGANIZATION: _ PHONE: AGENDA #/SUBJECT; CO I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. c i na MINUTES OF THE CITY COUNCIL Q REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 3 1995 CALL TO ORDER: IM/Ansari called the meeting to order at 6:30 p.m. in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by C/Miller. ROLL CALL: Councilmembers Papen, Miller, Harmony, Werner and Interim Mayor Ansari. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; George Wentz, City Engineer; Bob Rose, Community Services Director; James DeStefano, Community Development Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: None 3. PUBLIC COMMENTS: Frank Dursa, 2533 Harmony Hill, commented on a letter from the So. Calif. Joint Poll Committee regarding political signs on utility poles. He asked C/Papen to provide proof that C/Harmony wanted to invest City money in Orange County. Don Gravdahl expressed concern over increased charges for residential phone lines by GTE and asked the residents of D.B. to write to GTE opposing these fees. He asked Council to explain the Warrant Register item to reimburse C/Werner for $70.00. Tim Paul, 11269 Ahtena Drive, commented on Landscape District 38 and thanked the Council for their cooperation in the expansion. 4. COUNCIL COMMENTS: C/Miller commented on the selection of the Mayor and clarified that he was not interested in being Mayor. He also commented on the recall signs on utility poles. C/Papen expressed concern regarding two items that she wanted placed on the Agenda and the Interim Mayor vetoed her request regarding the Code of Conduct. She asked for three votes to direct the Multi -Cultural Committee to host a "minority bone marrow donor registration program" within the next 90 days. Council concurred. C/Harmony stated that a lot of changes and reforms are needed to make the City a better government agency. C/Werner wished everyone a happy, healthy and prosperous 1995. He stated that the City has established a local form of government that exceeds the minimum levels of service provided prior to incorporation by L.A. County and is doing so at a cost savings to taxpayers. IM/Ansari directed staff to look into signs placed on utility poles and the charge difference of telephone rates. She thanked C/Papen for discovering that funding was not going to be JANUARY 3, 1995 PAGE 2 made available for the HOV lanes. She stated that the Council was united in expressing concern for HOV lanes and, therefore, funding was restored. She also expressed concern that two of C/Papen's items were left off of the agenda. RECESS: IM/Ansari recessed the meeting at 7:05 p.m. RECONVENE: IM/Ansari reconvened the meeting at 7:13 p.m. 4. COUNCIL COMMENTS (CONT'D.) In response to IM/Ansari, CM/Belanger advised that the Closed Session for a personnel matter was placed on the Agenda because of a miscommunication between himself and the City Clerk and was a mistake. In response to C/Papen, CM/Belanger advised that there was a question as to whether consideration of the appointment of the City Attorney could be placed on the Agenda for discussion. He indicated that he had asked the Interim Mayor for direction and she chose not to Agenda the item for this particular meeting. C/Papen questioned the veto power of one Council member over another and stated that in the Council Code of Conduct, there is no mention of one Council member having the power to veto items. 1M/Ansari suggested that the Council look into making a policy for future agendized items. REORGANIZATION OF CITY COUNCIL: 5.1 SELECTION OF MAYOR - Nick Anis, 1125 Bramford Court, commented on the issue of reorganization of the Council and the selection of Mayor. He also commented on the behavior of a Council member attacking other Councilmembers and Councilmembers being involved. Ken Anderson asked that the Council make progress on the election of Mayor and Mayor Pro Tem. He also asked that the Council and the community make 1995 a better year. Joe LaRutta asked the Council to restore the confidence that the community needs by electing a Mayor right away. Dr. Lawrence Rhodes, Fiber Ct., stated that each Council member is capable of holding the job of Mayor. He asked that if the Council cannot elect a Mayor, then elect a Mayor Pro -Tem. Max Maxwell, 3211 Bent Twig Lane, supported Dr. Rhodes' comments on electing a Mayor Pro Tem if a Mayor is not elected. He suggested that Councilmembers that are not on more than one committee need to be more involved with other committees. JANUARY 3, 1995 PAGE 3 Richard Callard, Multi -Cultural Committee, commented on the attacks of the Council. Red Calkins, 240 Eagle Nest, suggested that the community vote for Mayor. If the Council cannot select a Mayor, then each member should take turns monthly being Mayor. Jim Paul, 1269 Ahtena, expressed concern that the City does not have a Mayor. Frank Dursa, 2533 Harmony Hill, stated that C/Harmony received the most votes and should be appointed Mayor. Steve Nelson, 24230 Delta, pleaded with the Council to appoint a Mayor because the City needs leadership. 5.2 SELECTION OF MAYOR PRO TEM - C/Miller nominated, C/Ansari seconded to appoint C/Papen as Mayor Pro Tem. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Werner, Miller, Papen, Ansari NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 5.1 SELECTION OF MAYOR (CONTD.) - C/Harmony nominated C/Ansari, C/Ansari seconded. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Harmony, Ansari NOES: COUNCIL MEMBERS - Miller, MPT/Papen ABSTAIN: COUNCIL MEMBERS - Werner Continued to January 17, 1995. ICA/Montgomery advised that the Mayor Pro Tem will preside over the Mayor chair if there is a vacancy of Mayor. C/Harmony moved, C/Werner seconded to appoint C/Ansari as Interim Mayor until the next Council Meeting. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Ansari, Werner NOES: COUNCIL MEMBERS - Miller, MPT/Papen ABSENT: COUNCIL MEMBERS - None 5.3 PRESENTATION TO MAYOR GARY H. WERNER - IM/Ansari presented a gavel to outgoing Mayor Gary Werner for his leadership during the year and thanked him for his dedication. C/Werner thanked the Council for their support and for his selection as Mayor. JANUARY 3, 1995 PAGE 4 5.4 APPOINTMENT OF DELEGATES AND/OR ALTERNATES TO COMMISSIONS, COMMITTEES AND OTHER AGENCY BOARDS - MPT/Papen asked to be appointed to the City -On -Line Technical Committee to work with the MTA for a possible demonstration project for developing a rideshare program. IM/Ansari asked MPT/Papen to find out more information about the responsibility of that position and asked that this item be continued to the next Council meeting. C/Harmony asked that MPT/Papen work with C/Werner instead of MPT/Papen sitting on that committee. MPT/Papen advised that the MTA is not a City committee. C/Werner stated that he did not see a problem with MPT/Papen working with the COL committee but suggested that committee appointments be continued. IM/Ansari advised that MPT/Papen is authorized to continue exploring the pilot program. Continued to January 17, 1995. 6. SCHEDULE OF FUTURE EVENTS: 6.1 CITY COUNCIL GENERAL PLAN PUBLIC HEARING - January 9, 1994 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.2 PLANNING COMMISSION - JANUARY 9, 1994 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6.3 COL TECHNICAL COMMITTEE - JANUARY 11, 1994 - 7:00 p.m., AQMD Room 3-5, 21865 E. Copley Dr. 6.4 TRAFFIC & TRANSPORTATION COMMISSION - JANUARY 12, 1994 - 6:30 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6.5 CITY COUNCIL GENERAL PLAN PUBLIC HEARING - January 16, 1995 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.6 CITY COUNCIL MEETING - JANUARY 17, 1994 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7. CONSENT CALENDAR: C/Harmony moved, C/Miller seconded to approve the Consent Calendar with the exception of items 7.2 and 7.6. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Miller, Werner, MPT/Papen, IM/ Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None JANUARY 3, 1995 PAGE 5 7.1 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES - Regular meeting of November 17, 1994. 7.3 RECEIVED & FILED TREASURER'S REPORT - Month of November, 1994. 7.4 REJECTED CLAIM FOR DAMAGES - filed by Scott Andrew Armstrong and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 7.5 ADOPTED RESOLUTION NO. 95-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE PLANS AND SPECIFICATIONS FOR THE PURCHASE AND INSTALLATION OF A PICNIC SHELTER AT PETERSON PARK IN THE CITY OF DIAMOND BAR. MATTERS WITHDRAWN FROM THE CONSENT CALENDAR: 7.2 APPROVED VOUCHER REGISTER - dated January 3, 1995 in the amount of $539,702.50 - C/Miller asked C/Werner if the Chinese Delegation meeting reimbursement of a suit repair in the amount of $10.00, cleaning and a $60.00 necktie replacement was because of the attack by C/Harmony. C/Werner advised that his suit was damaged and the necktie was ruined as a result of C/Harmony's attack on him. C/Miller moved, C/Werner seconded to pay the $70.00 and deduct this amount from C/Harmony's paycheck. C/Harmony objected to the motion based on it being arbitrary, a political device and not at all true. ICA/Montgomery advised that reimbursement can be made to C/Werner; however, it cannot be deducted from C/Harmony's paycheck because Council paychecks are set by statute and cannot be modified. C/Miller commented that he had a problem with the City paying for C/Harmony's actions. He withdrew his motion. C/Papen moved, C/Miller seconded to approve the Warrant Register in the amount of $539,632.50 with C/Werner's amount being deducted and acted on as a separate issue. C/Harmony asked staff for an explanation of the Brandman & Associates $7,600 bill. CM/Belanger advised that this bill related to VTTM No. 47850, Diamond Bar Associates, located in the southeasterly corner of D.B. in the Country Estates. JANUARY 3, 1995 PAGE 6 C/Miller reported that C/Werner was acting as Mayor when his suit was damaged by another Council member's assault on him. He asked for an amendment to the motion to include reimbursement to C/Werner. MPT/Papen felt that C/Werner's issue should be separate and that C/Werner should take C/Harmony to small claims court for payment. She advised that she would assist C/Werner to get his money back from C/Harmony. In response to C/Miller, ICA/Montgomery explained that if the Council determined that reimbursement was a public expenditure, the City would pay it. If it is a personal liability, then it would not be a public expenditure and the Council would not direct that it be paid. MPT/Papen advised that during the Contract Cities Conference in October, three laws were discussed regarding payment by the public for actions by a Council member. She stated that it is totally inappropriate for the City to pay and moved that the matter be tabled for two weeks. MPT/Papen moved, C/Miller seconded to approve the Warrant Register in the amount of $539,632.50, with the exception of C/Werner's $70.00 claim. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Werner, Miller, MPT/Papen, IM/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Miller moved, C/Werner seconded to approve and pay Gary Werner $70.00 for damaged clothing. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Werner, Miller, IM/Ansari NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 7.6 TRANSMITTAL OF FINAL AUDIT REPORTS FOR YEAR ENDED JUNE 30, 1994 - C/Harmony advised that this matter was withdrawn from the Consent Calendar for CM/Belanger to continent on findings supporting the Moreland Report and his findings regarding lack of audit controls in the City's Finance Department. He felt that the problem is similar to Orange County. In response to IM/Ansari, C/Harmony stated that several "red" flags went up several years ago and similarities with Orange County are that the City has had early management reports of misappropriations. C/Werner moved to include in the record that 1) the audit report was presented as a matter of information and as a control document; 2) and the Council concluded that JANUARY 3, 1995 PAGE 7 they noted no matters involving the internal control structure and operations to be material weaknesses as defined. C/Miller stated that there had not been a dime of misappropriated funds by staff of the City and pointed out that the report does not confirm misappropriation of funds. MPT/Papen stated that the City has no money invested in the Orange County fund and that the City's money is available for withdrawal within 24 hours. She also advised that from June 30, 1992, cash reserves went from $9.1 million to November 30, 1994 to $13,678 million, a 50.44% increase. C/Harmony advised that there was a management letter from three years ago pointing out misappropriation of funds. IM/Ansari commented on the amount of monies that the City is bringing in and advised that 1) the City does not go into savings; 2) the City has money in the bank; and 3) the City has less money than what is taken in. C/Wemer moved, C/Harmony seconded to receive and file final audit reports for year ended June 30, 1994. Motion carried unanimously. 8. PUBLIC HEARING: None 9. OLD BUSINESS: Dvl/Ansari asked for the consensus of the Council and with the Council's consensus item 9.2 moved forward. 9.2 ORDINANCE NO. 01(1995): AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING STANDARDS REGULATING THE EXERCISE OF EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF LAND, WITHIN THE INCORPORATED BOUNDARIES OF THE CITY, BY THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY - CM/Belanger advised that that, at the last meeting, Council discussed becoming a member of the Wildlife Corridor Conservation Authority. Concerns were expressed regarding utilization of eminent domain by the authority on land located within the City. He stated that staff was instructed to prepare an Ordinance that would, in effect, make an eminent domain proceeding initiated by the authority subject to a statutory nullification. This means that, under the agreement, the Authority would notify the City of their intent to use eminent domain and immediately upon the receipt of the notice, the Ordinance would require staff to notify the Authority that the City intends to nullify the eminent domain. The purpose of this would be to schedule a public hearing and take affirmative action to rescind the statutory nullification that is set forth in the Ordinance as it relates to the proposed eminent domain. In effect, it requires the Council to take an affirmative action relating to the proposed eminent domain proceeding. JANUARY 3, 1995 PAGE 8 Max Maxwell, 3211 Bent Twig, stated that the City is joining for the publicity and the City will not do anything about it. He also stated that the City is making a mistake by signing the Urgency Ordinance and acting with the Joint Powers Group. He expressed concern that the agreement will eventually control development. C/Werner clarified that the Ordinance was not an effort to circumvent the purpose of the Wildlife Corridor. He felt it was an effort to protect the City's legal authority to exercise eminent domain. The Ordinance was drafted at the suggestion of ICA/Montgomery to try and bridge the gap of concern by stating on the record and in a statutory way, that if the joint powers authority is put into effect, then the exercise of eminent domain via the JPA in the City would have to meet with a vote of the Council. He further stated that, without the Ordinance, the JPA could exercise condemnation proceedings which could include the removal of someone's home. C/Miller moved, C/Werner seconded to adopt Ordinance No. 01(1995): AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING STANDARDS REGULATING THE EXERCISE OF EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF LAND, WITHIN THE INCORPORATED BOUNDARIES OF THE CITY BY THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Werner, Miller, MPT/Papen, IM/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.1 MEMBERSHIP IN THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY - C/Miller moved, C/Werner seconded to become a member in the Wildlife Corridor Conservation Authority and direct the Mayor to sign the Wildlife Corridor Conservation Authority Joint Powers Agreement. MPT/Papen expressed concern that the Council did not have all of the information such as adoption of procedures, operation policies, budgets, etc. that have already been voted on without the City's input and that she was unaware that the Conservancy was a State Agency. She moved to continue the matter for 30 days to provide Council and staff an opportunity to review all available information. Motion died for lack of a second. C/Harmony asked ICA/Montgomery if the Santa Monica Mountains Conservancy is a full or associate member of the JPA. ICA/Montgomery advised that this is a Conservancy that is formed under State law and becomes a State Agency. C/Werner clarified that the Authority held a formal organizational meeting on JANUARY 3, 1995 PAGE 9 December 15, 1994 to adopt by-laws and a budget for postage. He advised that the Corridor is attempting to bring together other cities to protect the last wildlife corridor in the area. C/Miller asked ICA/Montgomery for clarification on statements on "no development on the Santa Ana Mountains" and "persons serving on the Wildlife Corridor must be residents within the Wildlife Corridor." ICA/Montgomery advised that the statement of "no development" means no development and members must be persons living in the communities within which the wildlife corridor is located. C/Werner responded that the principal objective is not to control development but for the communities to save the last wildlife in the Santa Ana Mountains. C/Miller withdrew his motion based on lack of information and an unexplained urgency. C/Harmony stated that the City should get on board and have input into making the by-laws for the Wildlife Corridor. C/Harmony moved, C/Werner seconded to approve membership in the Wildlife Corridor Conservation Authority. CM/Belanger advised that staff had not received the additional information for the Corridor that the Council referred to. The City is coming into membership a little late and the questions become a matter for the Council as to whether it's imperative that the Council have that information prior to making a decision to be a part of the Authority or whether to become a member of the Authority and get the information that other members have been provided and then being a part of developing subsequent information and policies. C/Werner withdrew his second. C/Papen again expressed concern with joining the agency for $500 but indicated that she was not against supporting the issue but the City would give the group authorization to use the City's name in their endorsements and they have no history. C/Werner moved, C/Miller seconded to approve a letter of intent to join the JPA, designate a delegate, request clarification of concerns expressed at this meeting, request all documents previously adopted and request that deadlines established by the JPA be extended for 30 days In addition, stay the effect of Ordinance 1(1 995) for the same period of time. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Werner, Miller, MPT/Papen, IM/Ansari JANUARY 3, 1995 PAGE 10 NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Miller moved to appoint C/Wemer to be the delegate to the Wildlife Corridor. C/Werner declined the appointment. C/Miller moved to appoint MPT/Papen to be the delegate at the Wildlife Corridor. C/Harmony stated that MPT/Papen is not in favor of the JPA and she would not be an appropriate person to serve as delegate. C/Miller moved, C/Werner seconded that MVAnsari be appointed delegate to the JPA. MPT/Papen moved, IN VAnsari seconded that C/Miller be appointed delegate to the JPA. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Werner, MPT/Papen, B&Ansari NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 9.3 VERBAL REPORT ON AUTHORIZATION TO ENTER INTO SETTLEMENT AGREEMENT WITH DAVID L. ESKRIDGE BY THE CITY ATTORNEY - CMBelanger recommended approval to issue a draft in the amount of $6,000 to be added to Warrant Register of January 3, 1995 for payment. C/Mller moved, C/Werner seconded to approve entering into a settlement agreement in the amount of $6,000 with David L. Eskridge. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Werner, Miller, EWAnsari NOES: COUNCIL MEMBERS - MPT/Papen ABSTAIN: COUNCIL MEMBERS - Harmony 9.4 REQUEST FOR PROPOSAL - MANAGEMENT AUDIT OF ENGINEERING/ PUBLIC WORKS - CM/Belanger recommended that an audit be performed of the Engineering/Public Works Department as a result of the recommendation of the management staff. MPT/Papen stated that the present consultant provided the City Manager's office with a recommendation on reorganizing the department, comparing the effectiveness and offering recommendations. These recommendations have never been made available to the Council. She felt that all of staff s recommendations should be implemented first. JANUARY 3, 1995 PAGE 11 In response to C/Harmony, CM/Belanger reported that the study is estimated at $10,000. C/Harmony stated that he agreed with MPT/Papen and the City is not ready to hire an outside engineering firm based on an outside consultant. In response to C/Werner, CM/Belanger explained that there are a variety of firms in the State that provide management auditing services. He stated that the City would benefit from a department to department audit and that this recommendation was a part of the 1994-95 budget. C/Miller stated that Council was given an option to either have a full-time staff or issue a contract and that this issue just says that an outside firm will give us the same recommendation that staff did. C/Miller moved, MPT/Papen seconded that the request for proposal for management audit of Engineering/Public Works be denied. In response to IM/Ansari, CM/Belanger suggested that, if there are any staff implications, then they should be considered in Closed Session. C/Werner moved, C/Harmony seconded to provide a substitute motion that the issue be tabled for 45 days. C/Miller withdrew his motion. With the following Roll Call vote, substitute motion carried unanimously: AYES: COUNCIL MEMBERS - Harmony, Werner, Miller, MPT/Papen, IM/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.5 NEIGHBORHOOD TRAFFIC STUDY FOR THE PATHFINDER ROADBREA CANYON RD./DIAMOND BAR BLVD. TRIANGLE AREA - CM/Belanger stated that this issue involves two matters: 1) Council's consideration to undertake a traffic study for this area and, if agreed, undertake the study; 2) Council approve a contract with DKS Associates in an amount not to exceed $11,390 for the study. ICE/Wentz advised that this issue is a follow-up on staffs and residents' concerns regarding traffic at this triangle. He stated that three contract proposals were received for this study. Ken Anderson stated that he did not understand why a study needs to be completed when there are other projects on their way and a study has already been completed. JANUARY 3, 1995 PAGE 12 Max Maxwell, 3211 Bent Twig Lane, expressed concern with the traffic coming off of the freeway onto Diamond Bar Blvd. and that the City should not waste the money for a study. CM/Belanger explained that the study would not commence until D.B. Blvd. is complete. He also stated that a left hand turn signal will be installed in the spring. ICE/Wentz reported that the last traffic study completed in this area related to the General Plan. MPT/Papen asked the time -line on the Brea Canyon project, i.e., sidewalk, widening of the road. CM/Belanger advised that that project is not scheduled until FY 1995-96. C/Harmony agreed that the study should be approved. C/Werner asked why there is a contingency recommended when the consultant has a well defined scope and budget. ICE/Wentz advised that there is a very specific scope of work and budget and he does not contemplate spending that contingency; however, it would avoid having to come back for additional consideration if there are significant items that the consultant identifies during the evaluation process. C/Werner moved, MIarmony seconded to award a contract to DKS Associates in an amount not to exceed $9,890 for the neighborhood traffic study for Pathfinder Rd./Brea Canyon Rd./Diamond Bar Blvd. With the following Roll Call Vote, motion carried unanimously: AYES: COUNCIL MEMBERS - Harmony, Werner, Miller, MPT/Papen, IM/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.6 DISCUSSION RE: CONDUCT IN THE COUNCIL CHAMBERS - IM/Ansari stated that this issue was in regard to the Mission Statement and not actually conduct in the Council Chamber. CMBelanger stated that this matter was agendized for the purpose of discussing what is referred to now as the "Mission Statement" and to talk about the conduct of those who are present in the Council Chamber during Council meetings. The issue essentially defines Council conduct between themselves, Council conduct interactively with speakers, and speakers with Council. He also stated that it has been brought up in the past that this statement should not be called a "Mission Statement" but "Conduct in the Council Chamber." JANUARY 3, 1995 PAGE 13 Dr. Lawrence Rhodes, Fiber Ct., stated that all of the Council Members are in violation of the Mission Statement" and Robert's Rules of Order. Richard Callard, Multi -Cultural Committee, stated that he was a full supporter of the "Mission Statement" being named "Code of Conduct". Max Maxwell, 3211 Bent Twig Ln., suggested adopting the "Code of Conduct" and abiding by the rules. C/Werner asked that an oath be added in the "Code of Conduct" along with a penalty of perjury statement. C/Harmony requested removal of "not more than 5 persons may address the Council on non -agenda items." C/Miller moved, C/Werner seconded to direct MPT/Papen and IM/Ansari to work together for a new proposal regarding conduct in the Council Chamber. With the following Roll Call vote, motion carried unanimously: AYES: COUNCIL MEMBERS - Harmony, Werner, Miller, MPT/Papen, IM/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 10. NEW BUSINESS: 10.1 CITY ON LINE CODE OF CONDUCT - Mr. Butzlaff reported that rules and regulations were developed and recommended that Council review and approve the document for all City -on -Line users to adhere to. Richard Callard, Multi -Cultural Committee, suggested that the Code of Conduct be taken off the screen but given a choice to review it. Max Maxwell, 3211 Bent Twig Ln., approved of the Code of Conduct for City -On -Line users and if the users abuse it, turn it off to the public. IM/Ansari asked how the Code of Conduct would be enforced and what will the parameters be for enforcement. CM/Belanger advised that the issue has yet to be reconciled legally and the adoption of the Code of Conduct needs to be done with a caveat. C/Werner stated that the Code of Conduct was a good idea but that he was concerned about how it will be implemented. He also expressed concern on who has the right to terminate City -on -Line. JANUARY 3, 1995 PAGE 14 CM/Belanger advised that the only body that would be in a position to terminate the system would be the Council, that no individual staff member would have the right to terminate or suspend City -on -Line. This policy is ready for adoption and, in the short term, it would provide a mechanism for users that have a problem with what is being said or how it's being said and to complain and provide to staff a mechanism for reviewing that complaint. MPT/Papen advised that reinstalling the kill button would help with removing nasty comments, harassments, etc. She also stated that she would approve the Code of Conduct if the kill button was replaced. CM/Belanger stated that the kill button deleted items in the system. Asst. to CM/Butzlaff stated that the technical explanation is that that was the manufacturer's default and that messages were taken out of sequence. He advised that the kill button was taken out because the general public was deleting messages arbitrarily. C/Harmony stated that the kill button was used wrongfully and he felt that it is a very undemocratic tool. C/Papen responded that the delete button was in the menu and that if the message was personally addressed to you, it was available to you to kill the message. C/Harmony asked staff if obscenity characters are allowed in City -on -Line. CM/Belanger asked what is obscenity when using obscenity characters. Staff will have to go through the Code of Conduct and it will have to be reviewed at that time. CM/Belanger advised that there are concerns with the "delete" button and to what levels a person can use the button. He stated that the guidelines for the Code of Conduct will be brought back to the Council. C/Papen asked that the procedures be a separate document and that the Code of Conduct stand as it is today. C/Werner moved, MPT/Papen seconded to approve the City -on -Line Code of Conduct with the means of implementation and reinstitution of the "delete" button. With the following Roll Call vote, motion carried unanimously: AYES: COUNCIL MEMBERS - Harmony, Nfiller, Werner, MPT/Papen, IM/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None JANUARY 3, 1995 PAGE 15 10.2 PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES WITH CHARLES ABBOTT & ASSOCIATES - CM/Belanger reported that this was to ratify a decision that the Council made at the time of budget approval which was to continue with the contract for engineering services with Charles Abbott & Associates. The contract is a "no term contract" but an "at will" contract with a 15 -day notice provision. C/Miller moved, MPT/Papen seconded to approve the professional services agreement for engineering services with Charles Abbott & Associates and remove the title "Interim." With the following Roll Call vote, motion carried unanimously. AYES: COUNCIL MEMBERS - Harmony, Miller, Werner, MPT/Papen, WAnsari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 3. PUBLIC COMMENTS (CONT'D.): Ken Anderson commended the Council for a professional meeting. He asked that a Mayor be selected at the next meeting and asked that the General Plan be approved to get the City on its way. Richard Callard, Multi -Cultural Committee, commented on a December letter to the Windmill attacking the Multi -Cultural Committee. 11. ANNOUNCEMENTS: None 12. CLOSED SESSION: Adjourned to Closed Session at 0:5 p.m for personnel matters (Government Code Section 54957.6) - Consideration of appointment of City Attorney. Reconvened from Closed Session at 11:15 p.m. with no reportable action taken by the Council. 13. ADJOURNMENT: There being no further business to discuss, IM/Ansari adjourned the meeting at 11:15 p.m. LYNDA BURGESS, City Clerk ATTEST: Interim Mayor 47 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 14, 1994 CALL TO ORDER Chairman Meyer called the meeting to order at 7:10 p.m. at the South Coast Air Quality Management District Office, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Chairman Meyer. ROLL CALL Present: Chairman Meyer; Commissioners: Schad, Fong, Huff, Flamenbaum Also Present: Community Development Director James DeStefano; Associate Planner Robert Searcy; Assistant Planner Ann Lungu; Interim City Attorney Michael Montgomery, Building Official Dennis Tarango; Recording Secretary Carol Dennis Commissioner Flamenbaum arrived at 7:45 p.m. Chair/Meyer welcomed Bob Huff as the new Commission member replacing Lydia Plunk. Chair/Meyer presented a plaque to former commissioner Plunk and thanked her for her service to the Planning Commission. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS Lydia Plunk, 1522 Deerfoot Drive, requested a transmittal be forwarded to City Council recommending the SASAK project be referred back to the Planning Commission for review. She urged the Commission to prioritize outstanding issues such as the development manual and a tree ordinance which need to be written. She further requested the Planning Commission obtain information from On -Line regarding items of interest. Mrs. Plunk stated she is in favor of a maximum go day extension for LA Cellular since the area of Diamond Bar High School is one of the poorer reception areas. An alternative location needs to be found. With respect to Rim Fire Lane, she suggested the Commission review the Property Maintenance Ordinance for unfinished/abandoned structures. Regarding the proposed tree ordinance, Mrs. Plunk advised November 14, 1994 Page 2 Planning Commission patience and diligence. The documentation for neighboring communities does not indicate whether the tree ordinances were effective. Dennis McCrury, a Diamond Bar resident, stated he is concerned about the enforcement of a tree ordinance. He is also concerned about the effect on the community. Max Maxwell, 3211 Bent Twig Lane, indicated he is in favor of a tree ordinance. CONSENT CALENDAR 1. Minutes of July 25, August 1, October 17 and October 24, 1994. C/Schad requested the July 25, 1994 minutes reflect that he was on time for the meeting. A motion was made by C/Schad, seconded by C/Fong, and carried to approve the minutes as amended. C/Huff Abstained. CONTINUED PUBLIC HEARING: 1. VARIANCE No. 94-2. A request to construct a new three story single family residence in excess of the maximum 35 foot height limit. The site is located within the gated residential community known as "The Country". CDD/DeStefano stated that this is a continued public hearing from October 10, 1994 during which the applicant requested a continuance. The applicant is Frank Piermarini, 2100 Reservoir, Pomona, CA 91766 and the owners are Jeff and Regina Jan, 1553 Deer Crossing Drive, Diamond Bar. The proposed site is a lot on Rim Fire Lane and involves a variance for a single family residence proposed on a site which was previously slated for development. In late 1989, prior to the incorporation of the City, an application was filed which involved this project. Since that time, the framing for the ground floor of the home has been built; however, the home has not been developed. The applicant is proposing a 7100 square foot home. The site is approximately 1.9 acres and is severely restricted by a significant slope from the street down to the gully immediately adjacent to the property. The property has a November 14, 1994 Page 3 Planning Commission significant number of oak and walnut trees and a Flood Hazard Area at the rear of the property in the ravine area that limits the available development area. The application before the Commission is a unique response to the City code requirement and providing a reasonably sized, useable home for the property. The variance involves two areas: The first issue is the proposed unit exceeds the above AFG height of 35 feet. The original application involved a significant deviation from the height requirements. The current request for variance exceeds the City Code by nine inches. The second issue is the incorporation of a third story cellar below the main floor. The cellar occupies about 3000 square feet and the main and upper floors consist of approximately 2000 square feet each. Staff originally recommended denial. Although staff has recommended denying the updated package presented to the Commission, staff has had the opportunity to work with the applicant to resolve several aspects of the plan and now wishes to recommend approval of the proposed project. The issues included an understanding of the grading plans, the first floor foundation plans, as well as some of the specifics of the drawings. Staff's recommendation for approval includes a new resolution before the Commission with changes to the prior resolution highlighted. Staff now perceives topographic constraints and physical constraints regarding the project which warrants the need for a variance and a deviation from the normal standards which would not be inconsistent with homes in the area and homes which have been approved within "The Country" by the County of Los Angeles and the City of Diamond Bar. Staff recommends that the Planning Commission open the public hearing, receive testimony, and approve the project with the Conditions and Findings within the revised Resolution. Responding to C/Huff, AP/Searcy stated that according to zoning code, two floors and a cellar are permitted. The originally approved design of this project was for two floors with no habitable area under the first floor. The new plan includes a pool and recreation area which renders the project non -conforming to the code. In addition, the design of the home is now changed from the original approval which includes additional square footage and amenities. Chair/Meyer declared the public hearing open. November 14, 1994 Page 4 Planning commiss. Frank Piermarini, 2100 Reservoir, Pomona stated he is employe( by the owners of the property, Mr. and Mrs. Jan, to design and build the home. The frontage of the lot is 50 feet, whereas the average lot in "The Country" is 100 to 150 feet. The lot is very steep with the existing natural slopes about one and one-half to one and seventy-five percent of the lot has a restricted use area. The basement (lower level) will serve as the owner's back yard. It will have a pool and recreation area. Due to the steepness of the lot, it would be very difficult to use the rear yard, thus the reason for the basement. Mr. Piermarini further indicated they have worked with staff to meet the requirements of the Building Code for the project to be approved. First, that the cellar be fifty percent below average finished grade, and second, the height not exceed 35 feet above the average finished grade. This has been attained through the use of retaining walls and grading. The cellar will be below the first floor level and street level. By adding another floor in the wasted area, it will strengthen the underpinnings. Mr. Piermarini continued they have received architecture committee approval from "The Country Estates". Responding to C/Huff, Mr. Piermarini stated one way to reduce the structure height by nine inches would be to raise retaining walls. Lydia Plunk, 1522 Deerfoot Drive, indicated she would approve the project. Dan Buffington, 2605 Indian Creek Road, approves of the project as presented. Chair/Meyer declared the Public Hearing closed. Chair/Meyer asked for clarification of the Building Code. BO/Tarango responded the Building Code is less restrictive than the Zoning Code and this building is well under the definition of 35 feet in height. Responding to C/Flamenbaum, CDD/DeStefano stated the issue before the Commission is the applicant's desire to develop a home on a very difficult lot. The applicant is working within the confines of the Development Code which is not tailored for Diamond Bar and the hills within "The Country". Contained November 14, 1994 Page 5 Planning Commission within this application is a statement which indicates the project will substantially conform to the site plan, grading elevations, etc. Responding to C/Huff, AP/ Searcy stated the additional variance is the number of stories. The Building Code states there may be two stories. This project is two stores plus a basement which requires a variance. Chair/Meyer indicated the plans for this project are sketchy and leave a lot to be desired. There are basic points on the property which are not shown on the plans. If this is to be a public record, that record has big holes in it. Adequate grading plans should have been incorporated in this plan to establish grades. The plans could have been accurately drawn to reflect the grades. In addition, the topo should indicate all of the hazardous areas and the trees which are to be preserved. It appears that the building pad on the site is substantially smaller than the building pads on the adjoining and surrounding properties. These items are not adequately reflected in the plans which have been submitted to the Planning Commission. He further stated he finds it difficult and awkward the Commission is discussing a house of 35 feet in height that has an exposed face of over 60 feet. Chair/Meyer continued that in terms of full disclosure of the information of the site, it could have been done in a much better way and that better information could be submitted to the Planning Commission. He indicated that a judgement might be warranted. However, the proper documentation has not been presented to adequately support the Findings of Fact. Chair/Meyer asked Frank Piermarini to return to the Planning Commission with a complete set of project plans. A motion was made by C/Schad and seconded by C/Fong to continue the Public Hearing to December 12, 1994. The motion was carried unanimously 5-0. 2. CONDITIONAL USE PERMIT No. 93-7 (1). A request for an Extension of Time for operation of a temporary unmanned cellular communication facility consisting of a 75 foot wood monopole at a site adjacent to the SR 57 Freeway in an existing commercial development located at 21308 Pathfinder Road. AP/Searcy reported that the applicant has submitted a request for an extension of time to operate a temporary repeater November 14, 1994 Page 6 Planning Commission facility located at 21308 Pathfinder. The temporary site was approved by the Planning Commission on December 13, 1993 for a 75 foot wood monopole and structure to house the repeater equipment. The applicant requested the temporary facility at this location because of the termination of services once provided from a facility at Diamond Bar High School. The applicant was in the process of negotiating with the school district to relocate at the high school in addition to a couple of alternative sites. The importance of this facility as a tool to assist the Highway Patrol, Sheriff's Department, and Fire Department, in addition to regular customers, was stressed by the applicant. This value was underscored as the temporary facility went online shortly before the Northridge Earthquake struck Southern California. Thus, the facility provided service to the community during the disaster. The original grant extended the life of the permit for a period of six (6) months from the date of installation with a six-month extension. The applicant submitted the request to extend the life of the permit to continue operations until a permanent site can be obtained. Currently, the City is processing two L. A. Cellular applications for permanent sites.. The proposed locations are: Gateway Corporate Center, Raddison Hotel, and Diamond Bar Boulevard/Brea Canyon Road adjacent to the SR 57 freeway. The public hearing dates for these applications have not been set. Staff has reviewed the application and determined the repeater station is operating in the manner prescribed by the Conditional Use Permit granted by the Planning Commission. The applicant is requesting to continue operating on a temporary basis until a permanent site can be secured. No additional uses or expansion to the facility is proposed as a part of this application. Staff recommends that the Planning Commission approve a six- month extension of time or such time as the two additional alternate locations are approved for Conditional Use Permit 93-7 (1), Findings of Fact, and conditions as listed within the attached Resolution. Chair/Meyer declared the Public Hearing open. Linda Paul, L.A. Cellular, Box 6028, Cerritos, stated L.A. Cellular is in the process of obtaining two Conditional Use Permits for sites which will replace the current site. The November 14, 1994 Page 7 Planning Commission Diamond Bar High School location is not an ideal cell site. The proposed locations will provide excellent cell coverage, and until the new sites are approved, the current site needs to remain in place. A motion was made by C/Flamenbaum and seconded by C/Schad to approve the project for six (6) month extension with a modification that 5.a. read "This grant is valid for six (6) months from the date of approval. An extension of this grant may be requested in writing and submitted to the Community Development Director 30 days prior to the expiration date of this grant. An extension of time may be granted not to exceed 180 days provided the applicant does not have approved Conditional Use Permits for other locations." The project was approved unanimously. RECESS: Chair/Meyer recessed the meeting at 8:42 p.m. RECONVENE: Chair/Meyer reconvened the meeting at 9:00 p.m. OLD BUSINESS - None NEW BUSINESS 1. .PLANNING COMMISSION DISCUSSION OF TREE PRESERVATION ORDINANCE. C/Schad outlined his concerns in developing a workable Tree Ordinance. He requested the Valley Willow/Canyon Willow be added to the current listing of four indigenous trees. The proposed ordinance includes definition of multi -trunk trees, as well as single trunk trees. He stated he will prepare refinements to the current ordinance using other cities tree ordinances. C/Schad presented a number of written recommendations to be included in the Diamond Bar Tree Preservation Ordinance. A motion was made by C/Schad and seconded by C/Fong to have staff present a Tree Preservation Ordinance to the Commission expeditiously. The motion was defeated 3-2 with the following roll call vote: AYES: COMMISSIONERS: Schad, Fong NOES: COMMISSIONERS: F l a m e n b a u m, H u f f, Chair/Meyer ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None November 14, 1994 Page 8 Planning Commission A motion was made by C/Flamenbaum and seconded by C/Huff to have staff expeditiously develop an outline and Development Code to include a Tree Preservation Ordinance. The motion was carried unanimously. 2. PLANNING COMMISSION DISCUSSION OF THE DEVELOPMENT CODE The Commission determined that Items 1 and 2 (Tree Preservation Ordinance and Development Code) should be inclusive. (See prior motion) 3. REORGANIZATION OF THE PLANNING COMMISSION Chair/Meyer declared the nominations open to fill the vacant seat of Vice Chairman of the Planning Commission. C/Huff nominated C/Flamenbaum for Vice Chairman. C/Schad nominated C/Fong for Vice Chairman. Chair/Meyer declared the nominations closed. The following roll call vote was taken for the C/Flamenbaum nomination: AYES: COMMISSIONERS: Huf f', Chair/Meyer, C/Flamenbaum NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Schad, Fong ABSENT: COMMISSIONERS: None Chair/Meyer declared C/Flamenbaum elected Vice Chairman. 4. SCHEDULE OF FUTURE PLANNING COMMISSION MEETING DATES The Commission agreed the next meeting will be December 12, 1994 and that the December 26, 1994 meeting will be cancelled. PLANNING COMMISSION ITEMS Chair/Meyer submitted a draft letter, dated October 26, 1994, to be transmitted to the City Council with the Draft 1994 General Plan. ANNOUNCEMENTS CDD/DeStefano reported the General Plan discussion begins at the City Council on November 22, 1994. The Planning November 14, 1994 Page 9 Planning Commission Commission recommendations will be distributed Tuesday, November 15, 1994. A motion was made by C/Schad and seconded by C/Huff to adjourn the meeting to December 12, 1994. The motion was carried unanimously. Chair/Meyer declared the meeting adjourned at 10:05 p.m. Respectfully Submitted, /s/ James DeStefano James DeStefano Secretary Attest: _ /s/ David Meyer David Meyer Chairman MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION DECEMBER 12, 1994 CALL TO ORDER Chairman Meyer called the meeting to order at 7:00 p.m. at the South Coast Air Quality Management District Board Room, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Commissioner Huff. ROLL CALL Present: Commissioners: Chairman Meyer, Schad, Fong, Huff, Flamenbaum Also Present: Community Development Director James DeStefano; Associate Planner Robert Searcy; Assistant Planner Ann Lungu; Interim City Attorney Michael Montgomery, Consultant Engineer Michael Myers; Recording Secretary Carol Dennis MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR 1. Minutes of August 8, 15, 23, 30, September 12, 22, 26, and 27, 1994. A motion was made by C/Schad, seconded by C/Fong, and carried to accept the minutes as presented. C/Huff Abstained CONTINUED PUBLIC HEARING: i. VARIANCE No. 94-2. A request to construct a new three story single family residence in excess of the maximum 35 foot height limit. The site is located within the gated residential community known as "The Country". Applicant: Frank Piermarini, 2100 S. Reservoir, Pomona Property Owner: Jeff and Regina Jan, 1553 Deer Crossing, Diamond Bar. Property Location: 22104 Rimf ire Lane. December 12, 1994 Page 2 Planning Commission AstP/Lungu reported that this project was reviewed by the Planning Commission on November 14, 1994. At that time, the Commission directed the staff and the applicant to work together and provide plans more reflective of the proposed project than a conceptual design. The applicant has provided plans which more accurately show the elements of the project. The project is a request for relief from compliance of Section 22.20.110, HEIGHT LIMITS., of the Los Angeles'County Code as adopted by the City of Diamond bar. As required, "Every residence and every other building in Zone R-1 shall have a height of not to exceed two stories or 35 feet, including a basement but excluding a cellar;....." The subject site can be characterized as a hillside lot with slopes ranging from 2:1 to 1.5:1 as the lot falls westward into a ravine. The lot possesses a flood hazard area that extends along two thirds of the western property line. Additionally, approximately 73 percent of the site is within a restricted use area. Together these areas establish a large degree of development restrictions on the site. The project site has stands of oak trees located at the rear of the property, down slope from the existing foundation. The remainder of the site is covered with natural grasses. The site possesses an extremely limited level area which is located adjacent to the street and does not provide an area capable of supporting habitable structures. The revised plans submitted to staff indicate that the existing foundation will be expanded for the proposed residence. Additionally, the incorporation of the retaining walls at the rear and side elevations will reduce the exposed portions of the structure and also assist in bringing the residence closer into conformance with the height requirements. An average finished grade (AFG) calculation and sections for the project are provided by the applicant. The applicant revised the original site plan adding retaining walls to the east and west elevations, ranging in height from 0 to 8 feet. A stairway is incorporated into the design of the western retaining wall and wraps around the rear of the structure. As a result of these retaining walls, the AFG is favorably adjusted. The house is now 36 feet above AFG although the rear elevation exposes in excess of 60 feet of building face. The structure's lower floor is, however, still considered a basement. By code, only one floor can be constructed above this area. December 12, 1994 Page 3. Planning commission The applicant provided a conceptual landscape plan. It does not provide enough specific information to determine the extent the visual impact could be reduced. The landscape plan also does not adequately address the immediate benefits of the incorporation of plant materials for this area. However, staff will have the opportunity to ensure the plan's effectiveness upon submittal of the final landscape plan. The side elevations exhibit over 50 feet of structure. Within "The Country" there are many parcels which exhibit similar qualities and topographic features as the subject site. There residences were constructed in a similar fashion to this proposed house. A review of the Planning Division's files does not indicate the granting of any modifications to height restrictions in the immediate area of this project site. Staff has found the project not in conformance with development standards applied within the City. The site presents topographic difficulties, although a design in conformance with development standards can be attained. This project has been revised and incorporates techniques to bring the project as close to conformance with the code as possible. The house is approximately 1 foot over the AFG, although the residence does not conform to the number of required stories. The staff recommends that the Planning Commission open the public hearing, receive testimony, and approve Variance No. 94-2, Findings of Fact, and conditions as listed within the Resolution. Chair/Meyer declared the public hearing open. Kenneth Welch, Engineer, 2440 S. Hacienda Boulevard, Hacienda Heights, stated that for anything to be built on this site, he believes the height cannot be improved. Chair/Meyer asked why the Planning Commission is being asked to approve a variance in a flood hazard area. CE/Myers responded that the Commission is not being asked to approve construction in a flood hazard area because there have been no submittals regarding the flood hazard area. If it is a recorded flood hazard area, to eliminate the designation, the development would be reviewed by the City Council. Chair/Meyer asked Mr. Welch if the applicant has read and December 12, 1994 Page 4 Planning Commission accepts the draft resolution and conditions. Mr. Piermarini responded he has no problems with the conditions. CDD/DeStefano stated all of the foundation footing details must be reviewed and approved by the City's Building and Safety Division prior to issuance of construction permits. Chair/Meyer declared the public hearing closed. RECESS: Chair/Meyer recessed the meeting at 7:50 p.m. RECONVENE: Chair/Meyer reconvened the meeting at 8:00 p.m. A motion was made by C/Huff and seconded by VC/Flamenbaum to approve Variance No. 94-2 with the addition of the following conditions: "That the flood hazard area question be addressed and that no structure will be permitted to be constructed within any easement without first receiving permission from the owner of the easement approving such structures." The motion was carried unanimously. 2. DEVELOPMENT REVIEW No. 94-2. A request to construct an 18,110 square foot, two-story office/professional building. The 40,496 square foot project site is undeveloped and is located at the southeast corner of Brea Canyon Road and Lycoming Street in Zone C -1 -BE. The project additionally proposes a freestanding 6 ft. high monument sign on the Brea Canyon Road frontage. Applicant/Property Owner: G. Miller Development, 721 Brea Canyon Road P. AP/Searcy reported that in 1990 the subject site was rezoned from R-1 (Single Family Residence Zone) to C-1 (Restricted Business Zone). The property is currently vacant. Formerly, the property had been developed with a single family residence. Abutting the site from the east to north lies a Los Angeles County Flood Control Channel, to the south a recreation vehicle storage site which is located adjacent to the SR 60 Freeway, to the north a convenience store and a condominium project, and to the west single family residential development, a day care center, and a variety of miscellaneous industrial/manufacturing type uses. December 12, 1994 Page 5 Planning Commission The project is designed with an orientation toward the interior of the site rather than to Brea Canyon Road. The advantage of this design allows for a substantial swath of landscaping along the Brea Canyon Road frontage thereby reducing the perception of the mass of the building. The structure will be located at distances ranging from 10 ft. to 20 ft. behind the sidewalk. An extensive mixture of plants including shrubs and trees are proposed along this rear elevation. The applicant is providing approximately 25 percent landscaping throughout the site. The project proposes a lot coverage ratio of 69 percent and a FAR of .56. There is an entry statement provided at the entries to the project in the form of 42 in. high stucco walls that screen the parking area from the street with assistance of landscaping. A six foot high block wall is proposed along the extreme southeast property line as an extension of the existing wall. All lighting will be designed so as to provide a minimum of one candlefoot over the site while minimizing light spillage off- site. Landscaping for the project is quite extensive and is intended to give the project the appearance of instant maturity. For example, the landscaping along Brea Canyon Road features four 36 in. box Queen Palms and three 25 ft. tall Mexican Fan Palms in addition to extensive shrubbery and ground cover. The parking area will be encased by Yew Pines and Dwarf Salmon along the southerly perimeter and Mexican Fan Palms, Loquats and various shrubs at the easterly boundary along the flood channel. The interior area of the site will be planted with a variety of trees and shrubs in sizes and quantities sufficient to detract from the visibility of the hardscape. The site provides for two points of ingress and egress, one on Brea Canyon Road, a four lane major arterial, and the other on Lycoming Street, a secondary road. All drive aisles conform to the Los Angeles County standard of 26 feet. The project is designed with a shared access easement to afford future inter - parcel circulation for any future development. The subject project is designed with parking spaces within this easement. The easement enters the site from the south and follows the flood channel to the Lycoming Street access. Staff recommends that the easement be recorded with the County Recorder upon approval of the City once the instrument is crafted and approved by the City. December 12, 1994 Page 6 Planning commission The parking standard stipulates a parking ratio of one space per 400 sq. ft. of retail/commercial office space. Additionally, the code requires one space per 250 sq. ft. of professional/medical office space. The minimum requirement for this project is 45 spaces if no professional/medical uses are located within the structure. Fifty parking spaces have been proposed on site and there is no on -street parking on Brea Canyon Road or Lycoming Street. Landscaping has been distributed in islands to break up the harshness of the hardscape. Thirty one spaces are standard size, 16 are compact stalls and three handicapped spaces are proposed and one of these spaces must accommodate van accessibility requirements. The site is currently vacant and the construction of the project will generate traffic volumes in excess of the previous land use (a single family residence). The increase will not, however, have a significant adverse impact. The traffic report prepared for a more intensive but similar project identifies a projection of approximately 1,500 trips per day. For this project the trip generation will be less. The report identified mitigation measures which will assist in reducing the impacts associated with the project. Included as mitigation measures are restriping Lycoming at the approaches to Brea Canyon Road 'to provide a left turn lane into the project and at the intersection and to prohibit parking on Lycoming Street (currently in effect). The building orientation is toward the interior of the site but the appearance of the structure from all sides displays consistency of theme and style. The design of the two floor office building features a French architectural style and a height of 35 feet. The applicant has proposed the primary exterior finish as Bisque stucco complemented by a darker Balsa accent. Additional channel accents are incorporated over areas of the first floor in the central portion of the building and the corners. The project offers second floor access to the outside via balconies from all elevations and is encased by the precast concrete balustrades. Cloud White trim is proposed for the fascia, trim, qudins and second floor precast concrete balustrades. The material proposed for the 12:12 roof is a typical flat concrete tile of dark adobe, adobe, avante light grey and sand topped with a painted sheet metal roof cap. Perched atop the protruding roof elements, the project proposes ornamentations. The windows of the project will display painted sheet metal caps above and typical stucco finish on the remaining perimeter. The December 12, 1994 Page 7 Planning Commission applicant has chosen to place the air conditioning and heating equipment on the roof in a well area that, in addition to the parapet, conceals the equipment from view. Signage for the project is proposed for the corner of the site closest to the intersection of Brea Canyon Road and Lycoming Street. The freestanding sign is designed with a maximum height of 6 ft. The sign will display the "BREA CANYON PLAZA" center identification in 12 inch high illuminated reverse pan channel letters. The stucco monument structure will have a 10 foot long split face in order to maximize exposure to commuters in all directions. The sign features architectural treatments which include a central 6 foot capped stucco pilaster as well as a 42 in. pilaster with channels, on the perimeter of each side. No other signage is requested as a part of this application. The staff recommends that the Planning Commission open the public hearing and receive testimony and approve the Resolution of Approval with the attached conditions. Chair/Meyer declared the public hearing open. Louis Marcellin, owner of adjacent property known as Walnut Valley Trailer, stated he would agree with a simple lot line adjustment to give up about 1500 square feet for a parking easement. He does not wish to give up an additional 3000 square feet for parking as shown on the subject plans. He further stated he would be in favor of an ingress/egress to Lycoming Street. Ben Pissaro, 21040 Lycoming, stated he is opposed to the flood channel being covered. In addition, he stated he is very concerned about the traffic flow on Lycoming. Chair/Meyer declared the public hearing closed. C/Flamenbaum asked for information regarding the flood control easement. CE/Myers responded that the information provided Is the best available information. The assessor's map indicates the channel may depart from a concentric curvature with the channel as it nears Lycoming. The Assessor's map indicates a 15' wide storm drain. Chair/Meyer indicated that the information provided during the December 12, 1994 Page S Planning Commission Public Hearing shows a set of plans indicating development on an adjoining piece of property and the adjoining property owner registering his opposition. The options are to deny the plans since they are inaccurate or to continue the public hearing and allow the applicant and the ajoining property owner the opportunity to work out the real lot lines. C/ Fong indicated his concerns about the left turn traffic from the project site onto Lycoming. Chair/Meyer stated that staff has suggested a traffic analysis for the project. Chair/Meyer further stated the traffic analysis should be provided prior to the staff review. Chair/Meyer continued that the project has merit in its concept although it may be slightly overbuilt for the lot. Some fine tuning needs to be done. If the applicant is going to show development on someone elses property, approval from the property owner would be prudent prior to submitting the project to the City. Responding to C/Huff, CDD/DeStefano stated staff's position is to insure that the maximum number of parking spaces permitted by the code be the appropriate goal to reach, particularly on a site such as this where there is no street parking or adjacent parking currently available. A motion was made by C/Schad and seconded by C/Huff to continue the public hearing to January 23, 1995 and have staff address the following items: 1) Traffic Study 2) Parking Easement 3) Lot Line Correction 4) Offstreet Parking. The motion was carried unanimously. OLD BUSINESS - None NEW BUSINESS - None PLANNING COMMISSION ITEMS - None ANNOUNCEMENTS CDD/DeStefano indicated the Development Code discussion will begin January 23, 1995. Chair/Meyer cautioned the Commission not to prejudice themselves before the City Council when giving testimony on the General Plan. December 12, 1994 Page 9 Planning commission Chair/Meyer thanked staff for their support to the Commission during 1994 and wished them happy holidays. A motion was made by C/Schad and seconded by C/Huff to adjourn the meeting to January 9, 1995. The motion was carried unanimously. Chair/Meyer declared the meeting adjourned at 9:00 p.m. Respectfully Submitted, /s/ James DeStefano James DeStefano Secretary Attest: /s/ David Meyer David Meyer Chairman f MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 9, 1995 CALL TO ORDER Chairman Meyer called the meeting to order at 7:12 p.m. at the South Coast Air Quality Management District Board Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Vice Chairman Flamenbaum. ROLL CALL Present: Commissioners: Chairman Meyer, Vice Chairman Flamenbaum, Schad, Fong, Huff Also Present: Associate Planner Robert Searcy; Assistant Planner Ann Lungu; Interim City Attorney Michael Montgomery, Consultant Engineer Michael Myers; Recording Secretary Carol Dennis MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR 1. Minutes of November 14, 1994 and December 12, 1994. The following corrections/amendments were offered: 1. C/Huff, November 14 minutes, Page 7, New Business, Item 1., change "indicative" to "indigenous". 2. Chair/Meyer, November 14 and December 12 minutes should reflect that C/Huff abstained from the minutes approval process. 3. C/Fong, November 14, Page 5, middle of third paragraph, correct "topal" to "topo". 4. Chair/Meyer, December 12, Page 4, motion by C/Huff regarding Variance 94-2, spell out the conditions. Copy from the Resolution into the minutes. January 9, 1995 Page 2 Planning commission 5. Chair/Meyer asked that the minutes be more active by abbreviating the staff report and adding more comments. 6. VC/Flamenbaum, November 14, Items 1 and 2, outline of proposed Development Ordinance, should include the request for staff to present the outline at the January, 1995 meeting. AP/Searcy stated his notes reflected "expeditiously" and that no date had been stated in the request during the November 14 meeting. A motion was made by VC/Flamenbaum and seconded by C/Schad to accept the minutes as amended. The motion was carried unanimously. PUBLIC HEARING: 1. VARIANCE No. 94-3. A request to install a total of six monument signs: Three monument signs - a maximum height of 10 feet with a maximum sign face area of 36.75 square feet utilized for tenant identification; and three monument signs - a maximum height of six feet with a maximum sign face area of 11.38 square feet utilized for center identification. Property Location: Diamond Bar Village Shopping and Professional Center, 325-379 South Diamond Bar Boulevard and 23341-23499 East Golden Springs Drive, Diamond Bar, CA 91765. Property Owner/Applicant: Steve Poretta, Poretta Family Trust, 601 South Glenoaks #301, Burbank, CA 91502. AstP/Lungu presented the staff report and indicated that staff feels the proposed project is an opportunity to correct the sign deficiencies, reduce the sign pollution on the site, and improve sign visibility for tenants. If the Planning Commission approves the proposed project, installation for all monument signs is proposed to occur within four months of the approval. Staff recommends that the Planning Commission approve Negative Declaration No. 92-7 and Variance 94-3, Findings of Fact, and conditions as listed within the resolution. VC/Flamenbaum asked if staff would approve the center identification signs to which Ast/P Lungu replied, "yes". January 9, 1995 Page 3 Planning commission In response to C/Huff, AstP/Lungu responded the existing signs are approximately 18 feet high, several feet in excess of the proposed 10 foot high signs. Chair/Meyer declared the public hearing open. Constance Nicholson, owner BCN Lighting & Signs, 2887 Buckhaven Road, Chino Hills stated her company has worked closely with staff and is available for questions from the Planning Commission. In response to Chair/Meyer, AstP/Lungu stated it is a requirement of the Sign Code that all free-standing monument signs have addresses. In addition, DKS has proposed a minimum setback of 15 feet from the edge of the travelled way and this will not create a site distance problem for entering vehicles. Chair/Meyer stated he believed the stipulated setback measurement should be from property line, not from curbface. Responding to Chair/Meyer, Mrs. Nicholson stated she does not know where the property lines are at the corner of Golden Springs Road and Diamond Bar Boulevard. Chair/Meyer stated usually, the 15 foot triangle is measured from property line rather than curbside. CE/Meyers referred Chair/Meyer to Condition (g) on Page 5 which allows for review and approval of the location. Chair/Meyer stated he would like the parameters spelled out in the resolution. In response to Chair/Meyer, AstP/Lungu indicated the applicant stated he would have the project completed within four months, even though he is allowed one year. Chair/Meyer declared the public hearing closed. Chair/Meyer suggested the following wording be added to Condition (g): "All freestanding monument signs .shall maintain a minimum 15 feet setback from the travelled roadway edge, provided that such signs shall not project over the public right-of-way, nor shall they impair vehicular site distances, to the satisfaction of the City Engineer." A motion was made by C/Schad and seconded by C/Fong to adopt the resolution as amended. The motion was carried unanimously. January 9, 1995 Page 4 Planning Commission 2. CONDITIONAL USE PERMIT No. 94-6. A request to modify and continue operation of an unmanned public utility substation for a cellular communication facility. The modification will incorporate digital in addition to the existing analog facilities which are now in place. The existing facility is located at Diamond Bar High School. The equipment is located on the roof and also in an enclosed interior unit. currently, the visible equipment consists of roof mounted whip antennae and a microwave antenna with the majority of the equipment obscured behind the school's mascot banner. The proposed project will add additional whip antennae and microwave antennae. Applicant: AirTouch Cellular, 3 Park Plaza, Irvine, CA 92714. Property Owner: Walnut Valley Unified School District, 880 S. Lemon Avenue, Diamond Bar. AP/Searcy reported the project is a request by the applicant to continue operation and expand the available technology at the site. The site has been in operation at this location for seven years and located on the roof of the gymnasium and within an adjacent equipment room. The current equipment features an array of antennae placed at various locations on the roof of the gymnasium. The proposed project would place additional equipment on existing structures and add new antennae in perimeter locations around the roof. The staff recommends that the Planning Commission open the public hearing and receive testimony and approve the Negative Declaration and the draft PC Resolution 95 -XX with the Findings of Fact and conditions listed. In response to VC/Flamenbaum, AP/Searcy indicated he had spoken with both AirTouch and L.A. Cellular about combining efforts and erecting a monopole. He further indicated that because they are two separate companies providing the same service, combining the service may create conflict and cross- talk within the two systems. Chair/Meyer declared the public hearing open. Dennis Lowry, Site Development Consultant, Air Touch Cellular, stated that this project will be a digital upgrade to provide better service to the community surrounding the site and involves minor hardware changes. January 9, 1995 Page 5 Planning Commission VC/Flamenbaum stated his concerns that Diamond Bar is starting to look like an "antenna farm" and asked the applicant if there is a way to combine the applicant and competitor systems in a single.monopole. Mr. Lowry responded that in some cases it is possible. However, in general, there needs to be some distance between systems. C/Schad stated he concurs with VC/Flamenbaum. Craig Clute, 21217 Fountain Springs Road, objects to the lack of information contained in the flyer distributed to the residents. He is very concerned that Diamond Bar is becoming an "antenna farm" and feels the Planning Commission needs to place a limit on the number of antennae allowed. Chair/Meyer declared the public hearing closed. VC/Flamenbaum announced he will be recusing himself from the next agenda item since he has a leasehold interest in the affected land, and proposed the Planning Commission table this agenda item until the next agenda item is heard. He suggested the Commission arrive at a solution by which the two parties can combine their efforts. Chair/Meyer asked if this would preclude VC/Flamenbaum from entering into the debate on this application. VC/Flamenbaum responded his concern is that somehow the antennae should be combined. Chair/Meyer asked if the question of proliferation of the antennae should be a part of the Development Code. VC/Flamenbaum responded that it clearly should be. C/Schad asked if it is possible for the cellular companies to combine several systems on one antenna. Responding to Chair/Meyer, AP/Searcy stated there will be one whip antenna approximately 22 feet high. The remainder will be hidden by the parapet and by the enclosure and the aesthetic impact will be approximately the same as currently exists. A motion was made by C/Schad and seconded by VC/Flamenbaum to approve Conditional Use Permit No. 94-6. The motion was carried unanimously. January 9, 1995 Page 6 Planning Commission In response to Chair/Meyer, AP/Searcy stated he would have used a categorical exemption had he been able to determine that a Negative Declaration had been prepared on the previous Conditional Use Permit. In the absence of that, and Los Angeles County's inability to provide staff with the information, the Negative Declaration was utilized to cover all bases. 3. CONDITIONAL USE PERMIT No. 94-7. A request to operate an unmanned public utility substation for cellular telecommunication facility with a 90 foot monopole with antennae and microwave dish. The radio equipment will be housed within an enclosed modular unit. Property Location: 3333 S. Brea Canyon Road Applicant: L.A. Cellular, Box 6028, Cerritos, CA 90702 Property Owner: Metro Diamond Bar Properties, Inc., 2030 Main #1020, Irvine, CA 92714 VC/Flamenbaum reminded the Planning Commission that he had recused himself from deliberation of this project and asked the record to reflect that he neither favors or opposes the project. AP/Searcy reported the applicant requests approval to locate a cell site, including a,90 foot monopole and radio equipment enclosure, in the parking area of an existing two story office building. The steel monopole is proposed with three antennae arrays with four antennae each and a future 4 foot microwave dish. The proposed 90 foot height is approximately 25 to 30 feet over the height of any other approved monopole within the City. Because one of the primary service recipients is mobile cellular users, the monopole must reach this service area. Because of the grade differential between the freeway and the area adjacent to the freeway and the area available for the project to be developed, this height is desired by the applicant to deliver the required level of service. The staff recommends that the Planning Commission open the public hearing, receive testimony, and continue the project for additional information. Responding to C/Schad, AP/Searcy stated the parking requirement for the office building is 127 spaces. With the removal of four spaces for this project, there will be 134 January 9, 199s Page 7 Planning Commission spaces remaining. In addition, there will be a backup generator at the site. Since the enclosure is soundproof, it is not expected to generate additional noise. Chair/Meyer declared the public hearing open. Dr. Gerald Bushberg, L.A. Cellular representative, stated there are facilities which have multiple cellular telephone companies' equipment on a single pole. He further stated this is technically impossible since the. systems were developed independently and because they are subscription based at this location. Dan Hare, AirTouch Cellular, 3 Park Plaza, Irvine, stated the temporary site has always been a marginal location and, in order to service the area, there are three sites proposed. At this time, only six antennae will be installed. C/Fong requested the applicant consider another location. Mr. Hare responded several alternative sites had been considered. C/Fong reiterated he is not convinced this is the optimum location for the antenna. He has a problem with the proposed facility location because of the visual impact. C/Huff asked why L.A. Cellular has three sites as opposed to AirTouch's one site. Mr. Hare responded he does not know. C/Huff stated he agrees with C/Fong that an alternative site should be considered. Craig Clute, Diamond Bar resident, reiterated the Planning Commission needs to set limitations immediately. Chair/Meyer declared the public hearing closed. Chair/Meyer stated the service station, which is a major sales tax contributor to the City, cannot have a sign exceeding six feet. In addition, Diamond Bar does not permit freeway signs. During the General Plan hearings the Planning Commission received testimony and recommendations that the City provide certain advertising upon entering the City. In his opinion, the various providers, in addition to combining on a pole, might do so on a pole which would have benefit to the business aspects of the community. He further stated that a two foot wide landscape planter is not adequate. Additionally, off- street parking for the business may become an issue. A motion was made by C/Huff and seconded by C/Schad to January 9, 1995 Page 8 Planning commission postpone the item to February 13, 1995 and have the applicant consider alternative sites, particularly to the south of the current site. The motion was carried 4-1 with the following roll call: AYES: COMMISSIONERS: Huff, Schad, Fong, Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Flamenbaum ABSENT: COMMISSIONERS: None RECESS: Chair/Meyer recessed the meeting at 9:10 p.m. RECONVENE: Chair/Meyer reconvened the meeting at 9:20 p.m. 4. CONDITIONAL USE PERMIT No. 94-4. The city is requesting to develop a 23.8 acre site located east of Pantera Drive and south of Bowcreek Drive. The master plan for the park includes development of two ball fields, multi -use hard courts, tennis courts, picnic areas, a tot lot, and a multipurpose community center approximately 7,500 square feet in size. Property Location: 700-800 Pantera Drive Applicant: City of Diamond Bar, 21660 E. Copley Drive, Suite #100, Diamond Bar AP/Searcy commented that the role of the Planning Department, is to present the City's technical review of the project. He stated that the project has undergone numerous scoping sessions with the public. The master plan project as it is presented has been approved as a "consensus" project by the Parks and Recreation Department and forwarded to the Planning Commission for review. CSD/Rose will serve as proponent for the Parks and Recreation Department's "consensus" project. AP/Searcy reported that the 23 acre park site was reviewed as a part of the EIR and established as part of the subdivision of Tract No. 31479 approved circa 1978. The 23 acre park site was designated as an element of the residential development that entailed the area north of Grand Avenue, east of Golden Springs Drive and Diamond Bar Boulevard, and south of the SR 60 Freeway. In 1988 the County Parks and Recreation Department initiated a project with similar elements to the present project and received approval in 1989 but the project was never constructed. The City Community Services Department then set out to create a new master plan for the Pantera Park January 9, 1995 Page 9 Planning commission site and using staff, a professional consultant, and community input from residents in the immediate vicinity of the park site. The General Plan has identified the inadequacy of park facilities within the City. "By any measure, the City is inadequately served by active and passive facilities." (Resource Management Element Page III -2). The primary active recreational facilities are located at Diamond Bar High School and the County Golf Course. As the City continues to grow in population, the disparity in the available active recreational facilities will increase. Currently, there is a total of 23 acres of developed park land to serve Diamond Bar north of Grand Avenue. There are no lighted baseball fields and no lighted basketball or tennis courts to serve north Diamond Bar. The General Plan directs the City to provide adequate active and passive recreation facilities. The present project has the opportunity to satisfy this directive. The incorporation of an extensive passive area for picnics, open play and future interpretive area (hiking trail) and the provision of the hard court area and ball fields•go a long way.- However, staff feels that the current plan does fall short in maximizing the park's features. In particular, the omission of lights on the ball fields reduces the opportunity for the utilization of the facility to its highest and best use. The potential negative impacts of ball field lighting can be mitigated as previously stated and should strongly be considered for this site. The staff has reviewed the needs of the general community as it relates the provision of recreation activities and found that the City lacks adequate facilities. The development of this park represents the opportunity for the greatest amount of active park space in the City. This project has undergone the scrutiny of the neighborhood in the immediate vicinity of this project and yielded the basis for a truly beneficial facility. The primary issues related to the master plan are traffic and circulation, light spillage, and intensity of use. The master plan and environmental mitigations have been incorporated to maximize the use and minimize the impacts. The project design, limits on hours of operation, deliveries, and lighting is defined in a manner that reduces impact to the existing residential development. January 9, 1995 Page 10 Planning Commission The purpose of this public hearing is to review the Negative Declaration and Mitigation Monitoring Program as this initiates the public review period. AP/Searcy stated the proponent for the project is Bob Rose, Director of Community Services for the City of Diamond Bar. Staff recommends that the Planning Commission open the public hearing, receive testimony and consider the Negative Declaration and direct staff as appropriate. Responding to VC/Flamenbaum, AP/Searcy stated the City is bound by the Conditional Use Permit requirements. Responding to VC/Flamenbaum, DCS/Rose indicated there. is security lighting around the building at Summit Ridge. Responding to C/Schad, AP/Searcy reiterated that 15.5 acres would be active and the remaining 7.5 acres would be natural or passive. C/Schad voiced his concern that there would be loss of the facility for night games without night lighting. AP/Searcy responded that the master plan excludes the use of ball field lighting. Staff is recommending that the Planning Commission strongly consider including lighting to maximize usage of the park. C/Schad commented that he wishes review of the botanical features of the park for preservation during the development process and expansion for certain -areas be addressed. Responding to C/Schad, AP/Searcy stated that Pomona School District has no definitive plans or schedule for building the school. Responding to C/Huff, AP/Searcy stated the park was conceptualized as a part of the original approval of the tract map about 1978 and lighting was included in the original plan. Again responding to C/Huff, AP/Searcy indicated Planning staff was not present at the community workshops. C/Huff asked AP/Searcy to address the liability factor of the water element and the costs involved. AP/Searcy stated he did not have that information available. January 9, 1995 Page 11 Planning commission Responding to C/Huff, AP/Searcy indicated the mitigation measures for the lighting system would limit the height of the standards on which the lights are placed and incorporate light shields, directing and focusing the light in certain areas. The Negative Declaration refers to incorporating very tall trees along the parameter of the site for diffusion. Pat Mann, Cotton\Beland\Associates, Inc. stated the Negative Declaration was prepared under his direction. The lighting was removed from the park plan and the firm does not have information on the type of lighting and intensity which might be used. He further stated that closing the park at 10:00 p.m. and turning off all lights would be the most effective measure in limiting the lighting impact. In response to C/Huff, DCS/Rose indicated the percentage of increase of use of the park on a year-round basis as a result of incorporating lighting for the ball field would be 46%. Inclusion of youth programs use during the winter months would increase the use percentage by about 102%. C/Fong asked how deep the water will be in the pond. AP/Searcy responded there is no specific design for the water element at this time. DCS/Rose introduced members of the project team. Joe Ruzicka, Vice Chairman, Parks and Recreation Commission, stated Pantera Park represents a great opportunity for the City of Diamond Bar. According to state and national recreation standards, Diamond Bar should have a minimum of 110 acres of developed active park land. Diamond Bar currently has about 50 acres and the development of Pantera Park would bring the total to approximately 65 acres which is still below the standard. The design provides facilities for many of the park uses which have been demanded by the community. These include active ball fields, tennis,, basketball and roller blade/hockey courts, formal picnic structures, and a jogging path around the park. Of the 55,000 residents of Diamond Bar, a full 30% or 16,000 are children. This park will allow us to further serve the children's needs with wholesome activities. The process for design incorporated the need to balance the desires of the local neighborhood with the needs of the entire community. In order to achieve this goal, the Parks and Recreation Commission conducted an extensive series of public workshops to reach consensus on the elements to be January 9, 1995 Page 12 Planning Commission incorporated into the park's design. Bob Mueting, Landscape Architect, referred the Planning Commission to the artist's conceptual drawing of the proposed site project master plan and pointed out the location of each of the components. Responding to C/Huff, Mr. Mueting stated the development is not yet phased. It is an overall master plan which needs to be approved before moving on to the subsequent design development with the staff. Responding to VC/Flamenbaum, Mr. Mueting stated that it would be his intent to make the retention basin attractive, whether or not it contained water. In addition, the bench drains would be designed to conform to the General Plan. Mr. Mueting indicated that whether or not the community center gets built in the future will not significantly impact the project. The plan before the Planning Commission represents a consensus of the community participation, not specifically documented by needs for each one of the elements. VC/Flamenbaum stated he feels there are too many elements for this size park and is concerned that the parking may not be adequate. Responding to VC/Flamenbaum, DCS/Rose stated the response from Pomona Unified School District is that the school site is available for overflow parking from the park, should it become necessary. When the school is built a joint use agreement would be acceptable. VC/Flamenbaum suggested that if the school comes with ball fields, would it not be expedient to enter into a reciprocal agreement to use some of its facilities and minimize the elements of Pantera Park. He feels the City is trying to solve all of its park problems with one facility, thereby burdening the neighborhood. Chair/Meyer declared the public hearing open. Donovan Martinez, 635 Pantera Drive, stated that he was one of the residents in attendance at all of the Pantera Park community planning meetings. In the beginning there was complete division. one group was in favor of an active park and the other group was in favor of a passive park. By the end of the deliberation there was consensus for what is before January 9, 1995 Page 13 Planning Commission the Planning Commission. There was never consensus to include lighting for the park and it was never part of the presentation. The only lighting considered was low lighting for the tennis courts. The majority of the residents were against field lighting. He asked that the Planning Commission respect the time and energy of the citizens to arrive at the current concept. Ardeshir Malganji, 765 Bowcreek, requested the Planning Commission reconsider the walkway to Bowcreek since it will create major parking problems. Dan Buffington, 2605 Indian Creek Road, stated although he was not a part of the meeting process, he strongly urges the use of lights in the park for the sake of the youth of Diamond Bar. Chair/Meyer declared the public hearing closed. Chair/Meyer stated that since this is a neighborhood park and the residents actively participated in the concept. He would urge cooperation, as part of this master plan, with the Pomona Unified School District and to address whether there is duplication of facilities. In addition, off-site signing needs to be provided for the park. He further stated that he is concerned with the feasibility of the water element. Chair/Meyer further stated he has two major concerns regarding the project. One is the timing of the Conditional Use Permit and the ability to exercise the permit in the one year time period. Secondly, regarding the environmental report concerning traffic. He adamantly disagrees with the report and believes that a park of this magnitude will generate significantly more traffic and wants it adequately addressed in the environmental review. In addition, the report should include the cumulative effect of the school traffic. C/Fong suggested lighting only one of the fields and also consider lighting ball fields in other parks in the City. Chair/Meyer reminded staff that the issue of parking on Bowcreek needs to be addressed. C/Huff asked for feedback on the proposed lighting and the impact on the neighborhood. He is concerned that other sites were not planned with lights as part of the project. Pantera Park was from the beginning and as distressing as it may be to January 9, 1995 Page 14 Planning Commission the residents, when they moved into the area, it was part of the plan. Responding to Chair/Meyer, AP/Searcy asked for clarification of the traffic study concerns. Chair/Meyer indicated that he would vote "no" when the environmental study comes before the Commission. He feels the traffic study is inadequately addressed. A motion was made by C/Schad and seconded by C/Huff to continue the public hearing to February 27, 1995. The motion was carried unanimously. OLD BUSINESS - None NEW BUSINESS - None PLANNING COMMISSION ITEMS C/Schad stated he would like to begin working on a Tree Ordinance. Chair/Meyer referred to a letter from the Mayor of Chino Hills indicating he found it extremely disappointing that the Traffic Element of the Draft General Plan did not assume Diamond Bar's responsibility of solving the traffic problem created by the City of Chino Hills by placing a four lane road through the environmentally sensitive Tonner Canyon. Chair/Meyer indicated he would, with the blessing of the Commission, work with staff to draft a letter to the mayor indicating why it was not in the Draft General Plan prepared by the Planning Commission. Chair/Meyer stated the Planning Commission would like to take a pro -active stance on the Development Code. He asked staff to place the item on the February 13, 1995 agenda. VC/Flamenbaum requested the Traffic Development Study for Calvary Chapel and Inter -Community Hospital also be placed on the February 13, 1995 agenda. AP/Searcy responded he was contacted Friday, January 6, 1995 by - the traffic engineer advising staff there are three identified alternative locations and a cost evaluation associated with each alternative site. Tentatively, meetings will be held the week of January 9, 1995 with the two adjacent property owners to discuss what they wish to do and what future plans Calvary January 9, 1995 Page 15 Planning Commission Chapel may have for their site. Staff hopes to bring this information to the Planning Commission within the next 60 days. Chair/Meyer asked staff to include the updates in the February meeting agenda. ANNOUNCEMENTS - None Chair/Meyer declared the meeting adjourned at 10:52 p.m. Respectfully Submitted, /s/ James DeStefano James DeStefano Secretary Attest: /s/ David Meyer David Meyer Chairman 1 f CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION NOVEMBER 10, 1994 CALL TO ORDER vice Chairman Istik called the meeting to order at 7:00 p.m. at the South Coast Air Quality Management District (SCAQMD) Hearing Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Commissioner Esposito. ROLL CALL Vice Chairman Istik stated that Chairman Ortiz would be absent and excused from the meeting. Commissioners: Esposito, Chavers, Gravdahl, vC/Istik. Staff: Senior Engineer, David Liu; Administrative Assistant, Tseday Aberra; Sergeant Rawlings, and Recording Secretary, Carol Dennis. I. APPROVAL OF MINUTES 1. Meetings of September 8, 1994 and October 13, 1994. Motion was made by C/Chavers and seconded by C/Gravdahl to accept the Minutes as presented. The Motion was passed with the following ROLL CALL vote: AYES: NOES: ABSTAIN: ABSENT: II. COMMISSION COMMENTS COMMISSIONERS: VC/Istik Chavers, Gravdahl, Esposito COMMISSIONERS: None COMMISSIONERS: None COMMISSIONERS: Chair/Ortiz C/Gravdahl stated that he attended the City On -Line Technical Advisory Committee meeting and participated in a discussion regarding more uses for the bulletin board. One idea is to put, the bus schedules on the discount passes and devise a ride share program for the citizens of Diamond Bar and for the senior citizens. November 10, 1994 Page 2 T&T Commission III. PUBLIC COMMENTS Oscar Law, 21511 Pathfinder Road, stated he is very pleased that David Liu was able to complete the restriping of the parking lot at Heritage Park. He requested that the City contemplate doing away with the holiday shuttle. Wilbur Smith, 21630 Fair Wind Lane suggested a traffic light synchronization be conducted at the intersection of Diamond Bar Boulevard and Brea Canyon Road because of the heavy through traffic and construction on Diamond Bar Boulevard. SE/Liu responded that the Diamond Bar Boulevard Project is a street improvement project only. Staff has identified the Brea Canyon Road and Diamond Bar Boulevard interesection as a potential future capital improvement project which will include traffic signal modification/synchronization. Currently, to facilitate the construction activities, the signals have been put on vehicle recall. Iv. CONSENT CALENDAR - None V. OLD BUSINESS A. Request by Evangelical Free Church of Diamond Bar to park along southbound Diamond Bar Boulevard between Crooked Creek Drive and Brea Canyon Road on Sundays. AA/Aberra stated this matter was brought before the Traffic and Transportation Commission on October 13, 1994. It is a request by the Evangelical Free Church of Diamond Bar to park along southbound Diamond Bar Boulevard between Crooked Creek Drive and Brea Canyon Road on Sundays. SE/Liu stated that staff recommends the Traffic and Transportation Commission deny the request to grant parking along the southbound Diamond Bar Boulevard between Crooked Creek Drive and Brea Canyon Road on Sundays due to the presence of the existing lot. wide bike lane striping and the anticipated future improvements of Diamond Bar Boulevard/Brea Canyon Road intersection. As future improvements, the 450' long taper for the double left -turn lane will commence approximately at the church's entry driveway and will end on the northside of Cherrydale Drive. b I] ri J November 10, 1994 Page 3 TiT Commission According to Caltrans Traffic Manual, Figure 6-23, parking is prohibited where a 41 minimum wide bike lane exists adjacent to a curb and gutter profile which is the case that will exist along the section of Diamond Bar Boulevard between the Church entrance driveway and Brea Canyon Road. With respect to any requests to allow parking in a bike lane, Figure 6-25 of Caltrans Traffic Manual permits curb parking only in situations where the 6" solid bike lane line is 11' minimum distance from -the curb or edge of pavement, thereby allowing a 5' minimum bike lane width and a 61 minimum vehicle parking width directly adjacent to the curb. At St. Denis Church, the existing bike lane width is 131. C/Chavers stated that at the October 13, 1994 meeting, the Traffic and Transportation Commission recommended a temporary solution pending further investigation and asked if staff relayed the temporary recommendation to City Council. SE/Liu responded that the recommendation was not presented to the City Council. C/Chavers commented that he feels it was a sound engineering judgement to not relay the Commission recommendation to City Council to provide 90 days of temporary parking in light of the information uncovered; however, if the Traffic and Transportation Commission makes a recommendation which is to be passed along to City Council, it should be done and staff should not make an arbitrary decision to hold up the recommendation. Mark Hopper, 1125 Grubstake Drive, stated that he is one of the pastors of the Evangelical Free Church. He echoed his disappointment and frustration that one month ago the church members left the Traffic and Transportation Commission meeting with the understanding that the request for 90 -day temporary parking would be placed on the next City Council agenda and that did not happen. The church would appreciate the opportunity to park on Diamond Bar Boulevard just as St. Denis was permitted to park. SE/Liu commented the bike lane in front of St. Denis Church is 13' wide whereas the bike lane in front of Evangelical Free Church is 101. November 10, 1994 Page 4 T&T Commission Charles Hughes, 23209 Sabana Drive, asked if the street in front of St. Denis is the same width as the street in front of Evangelical Free Church, and if the only difference is the width of the painted bike lanes, would it be any safer for bicyclists. C/Chavers asked if there is there any reason the bike lane width cannot be uniform along Diamond Bar Boulevard. SE/Liu responded that the striping of the bike lanes restructuring could be done during the resurfacing project currently in process on Diamond Bar Boulevard. A motion was made by C/Chavers and seconded by C/Gravdahl to deny staff's recommendation and, instead, to request the staff to relay to City Council the request for curbside parking on the west side of Diamond Bar Boulevard between Crooked Creek Drive and Brea Canyon Road on Sundays be allowed until such time as the double left turn lane is installed on southbound Diamond Bar Boulevard at Brea Canyon Road. Furthermore, the current bike lane width should be increased to 13' as part of the Diamond Bar Boulevard Street Rehabilitation Project. As a condition, Evangelical Free Church will send a letter to the City Council indicating their understanding of these conditions. The motion was carried unanimously with the following ROLL CALL vote: AYES: COMMISSIONERS: VC/Istik, Chavers, Gravdahl, Esposito NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Ortiz B. Request to install "No Overnight Parking" signs on Washington Street betveen Brea Canyon Road and Lincoln Avenue. AA/Aberra reported a resident's request for "No Overnight Parking" signs on Washington Street between Brea Canyon Road and Lincoln Avenue. This request is a result of the resident's observation of abandoned vehicles on Washington Street. Staff observed Washington Street between Brea Canyon Road and Lincoln Avenue on several occasions and did not find any abandoned vehicles. If abandoned vehicles are found parked on said street, as the resident indicates, the F November 10, 1994 Page 5 T&T Commission appropriate action would be to contact the Sheriff's Department. At this time, staff does not feel it is necessary to install "No Overnight Parking" signs on Washington Street between Brea Canyon Road and Lincoln Avenue. However, staff will continue to monitor this area in the future. Staff recommended that the Traffic and Transportation Commission deny the request to install "No Overnight Parking" signs on Washington Street between Brea Canyon Road and Lincoln Avenue. In response to VC/Istik, Sgt. Rawlings stated that he is not aware of an enforcement problem with this request. The four vehicles reported had all been stolen. A motion was made by C/Gravdahl and seconded by C/ Esposito to accept staff's recommendation. The motion was passed unanimously with the following ROLL CALL vote: AYES: COMMISSIONERS: VC/Istik, Chavers, Gravdahl, Esposito NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Ortiz C. Neighborhood Traffic Study for the Pathfinder Road/Brea Canyon Road/Diamond Bar Boulevard triangle area. SE/Liu reported that following a discussion at the October 13, 1994 Traffic and Transportation Commission meeting, the request for a traffic study on Fountain Springs Road indicated the need for a comprehensive neighborhood traffic study of the area bounded by Pathfinder Road, Brea Canyon Road, and Diamond Bar Boulevard. At this time, staff is proposing to request proposals from qualified engineering firms to conduct this study. With such intention, staff would like to solicit the commission's input in further defining the scope of work for the neighborhood traffic study. It is recommended that the Traffic and Transportation Commission concur with staff's recommendation to procure a qualified traffic engineering firm to conduct the neighborhood traffic study for the area bounded by Pathfinder Road/Brea Canyon Road/Diamond Bar Boulevard. I November 10, 1994 Page 6 T&T Commission Craig Clute, 21217 Fountain Springs Road, presented a multi-purpose petition to the Traffic and Transportation Commission, copy of which was presented to the City Council on October 18, 1994. This petition requests a traff is study of Fountain Springs along with the requests for solutions to the traffic problems. The petition also supports the Traffic and Transportation Commission's recommendation to conduct a study of the area bounded by Pathfinder Road/Brea Canyon Road/Diamond Bar Boulevard. VC/Istik recommended the verbiage used in the petition be referred to the consultant when conducting the traffic study. C/Gravdahl asked if the Commission were to concur, how long it would take for completion of the study. SE/Liu responded that there is considerable data available and with the additional information gathered by the consultant, the study would take 60 to 90 days. A motion was made by C/Gravdahl to have C/Chavers work with SE/Liu to set up the scope of work and budget for the neighborhood traffic study. The motion was carried unanimously with the following ROLL CALL vote: AYES: COMMISSIONERS: VC/Istik, Chavers, Gravdahl, Esposito NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Ortiz VI. NEW BUSINESS A. 25 MPH prima facie speed limit on residential streets. SE/Liu reported under California Law, the maximum speed limit for any passenger vehicle is 55 miles per hour (mph). All other speed limits are prima facie limits, which "on the face of it", are safe and prudent under normal conditions. Certain prima facie limits are established by law and include the 25 mph limit in business and residential districts; the 15 mph limit in alleys, at blind intersections and railroad grade crossings; and a part-time 25 mph in school zones when children are going to and from school. 1 1 November 10, 1994 Page 7 TiT Commission Intermediate speed limits between 25 mph and 55 mph may be established by local authorities on the basis of traffic engineering surveys. Such surveys include the analysis of roadway conditions, accident records, and the prevailing speed of drivers using the roadway under study. The Commission's concern has to do with the surveyed speed limits on some residential streets versus the 25 mph prima facie speed limits for residential streets. It is recommended that the Traffic and Transportation Commission consider a policy statement for establishing speed limits on residential streets after the adoption of a General Plan. C/Gravdahl recommended the Commission table this item until after the General Plan is completed. VC/Istik stated his concern with waiting until the General Plan is completed. He said.that the General Plan would identify some or all of the subject streets as residential collector streets in lieu of residential streets. He asked SE/Liu what effect this might have on the speed limit. SE/Liu responded according to the California Vehicle Code a local street or road is defined as follows: A local street or road primarily provides access to abutting residential property and shall meet the following three conditions: (1) Roadway width of not more than 40 feet. (2) Not more than one-half mile of uninterrupted length. (3) Not more than one traffic lane in each direction. SE/Liu continued that the purpose of the speed survey is to allow the Sheriff's Department to enforce speed limits by radar or other electronic equipment. C/Chavers indicated that he would like to see a maximum speed limit of 25 mph on residential streets. He stated residential collector is not an appropriate title. Streets should be local streets or residential streets. However, he wants a public forum for this decision making process and concurs with staff's recommendation to table the matter. November 10, 1994 Page a TAT Commission In response to VC/Istik, Sgt. Rawlings stated radar could be utilized in a one-half mile length from start to stop. A motion was made by VC/Istik and seconded by C/Chavers to have staff provide the California Vehicle Code criteria in a tabular form and table the matter to the next Traffic and Transportation Commission meeting. The motion was carried unanimously with the following ROLL CALL vote: AYES: COMMISSIONERS: VC/Istik, Chavers, Gravdahl, Esposito NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Ortiz B. Issue: Addressing future requests for bott dots on residential streets. SE/Liu reported the Department of Public Works receives various requests from residents on a regular basis. One such request the department has received in the past is for installation of bott dots on residential streets. He explained the process that the department undertook regarding the bott dots request. It is recommended that the Traffic and Transportation Commission concur with staff's approach in implementing/ installing bott dots on residential streets. Furthermore, it is recommended that any future requests for bott dots on residential streets be processed administratively through the Department of Public Works. A motion was made by C/Chavers and seconded by C/Gravdahl that all future requests for bott dots be brought before the Traffic and Transportation Commission. The motion was carried unanimously with the following ROLL CALL vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: VC/Istik, Chavers, Gravdahl, Esposito None None Chair/Ortiz VII. STATUS OF PREVIOUS ACTION ITEMS - None f� D November 10, 1994 Page 9 TiT Commission VIII. ITEMS FROM COMMISSIONERS A. Request to install 3 -Nay stop signs on Cold Spring Lane at Barbi Lane and Ambushers Street. SE/Liu requested the item be continued to the next Traffic and Transportation Commission meeting since the item had been put on the agenda by Chair/Ortiz. Wilbur Smith, 21630 Fair Wind Lane stated the two streets mentioned are escape paths for the Diamond Ridge tract onto Diamond Bar Boulevard. IB. ITEMS FROM STAFF - None B. INFORMATIONAL ITEMS A. Eligible uses of Proposition A and C Local Return Funds. C/Chavers indicated that the Traffic and Transportation ' Commission received a listing from staff of the eligible uses of Proposition A and C Local Return Funds. He stated his intention was to receive a report showing.how the monies had actually been used. SE/Liu responded that the City Manager's office has completed a memo discussing various eligible programs. This memo is scheduled to be presented to the City Council. C/Chavers requested a copy of the memo for the December Traffic and Transportation Commission meeting. BI. ADJOURNMENT The motion was made, seconded and carried unanimously to adjourn the meeting at 9:05 p.m. Respectfully, avid G�'.Liu Secretary Att t: Jk ik -� airman R �. CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION DECEMBER 8, 1994 CALL TO ORDER Chairman Ortiz called the meeting to order at 7:00 p.m. at the South Coast Air Quality Management District (SCAQMD) Hearing Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Commissioner Gravdahl. ROLL CALL Chairman Ortiz stated that Commissioner Esposito would be absent and excused from the meeting. Commissioners: Chairman Ortiz, Chavers, Gravdahl, VC/Istik. Staff: senior Engineer, David Liu;_ Consultant Engineer, Michael Myers; Sergeant Rawlings; and Recording Secretary, Carol Dennis. I. APPROVAL OF MINUTES 1. Meeting of November 10, 1994. Chair/Ortiz indicated that, due to his absence, he wished to have VC/Istik sign the minutes of November 10, 1994. C/Chavers indicated his that on Page 4, third paragraph, his motion should reflect "a bike lane consistent with the configuration that exists in front of St. Denis Church." He continued that if the bike lane is 131, his motion should reflect both statements. A motion was made by VC/Istik and seconded by C/Gravdahl to approve the minutes as amended. The minutes were approved with the following ROLL CALL vote: AYES: COMMISSIONERS: VC/Istik, Gravdahl, Chavers NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/Ortiz ABSENT: COMMISSIONERS: Esposito 101 December 8, 1994 Page 2 T&T Commission h; II. COMMISSION COMMENTS C/Gravdahl asked staff for a report from Tuesday's City Council meeting regarding the outcome of parking in front of the Evangelical Free Church of Diamond Bar. SE/Liu responded that the City . Council accepted the recommendation from the Traffic and Transportation Commission with the condition that instead of all day Sunday, the hours will be limited to 6:00 a.m. to 10:00 p.m. VC/Istik requested a copy of the staff report which went to City Council. SE/Liu responded that he will mail a copy of the staff report to each Commissioner. VC/Istik indicated he.would like to see an advance copy of any staff report of a Traffic and Transportation Commission recommendation being forwarded to City Council. Chair/Ortiz stated that Jones Intercable seems to be taking advantage of their parking privilege by using cones at the red curb. He suggested that the red zone should be enforced or the red curb be removed to permit legal parking. SE/Liu responded that Chair/Ortiz is correct and there are no exceptions. Staff will contact Jones Intercable Friday, December 9, 1994 and work with the Sheriff's Department to control the situation. III. PUBLIC COMMENTS Craig Clute, 21217 Fountain Springs Road inquired about the progress of the Fountain Springs traffic study. He also asked for an update on the bott dots issue. SE/Liu responded that staff, together with the assistance of C/Chavers, had prepared a scope of work for the study. Staff solicited and received three proposals. He further stated that fee negotiations are proceeding. The notice to proceed should be issued during the week of December 12. Regarding the bott dots, SE/Liu stated the Traffic and Transportation Commission stated at the November 10, 1994 meeting that this issue would be considered on a case -by- case basis. December 6, 1994 Page 3 TiT Commission C/Chavers stated the scope and intention is to have the first public workshop at the January 12, 1995 Traffic and Transportation Commission meeting. This workshop is intended to be a "problem assessment" workshop, and not a "solutions generating" workshop. The consultant will then prepare an analysis and range of solutions which might be implemented, and return with a presentation for the February 9, 1995 Traffic and Transportation Commission meeting. Following the February workshop, the consultant will prepare a final technical memorandum recommending the conclusions of the study and the implementation plan for the neighborhood traffic control program. Mr. Clute recommended a public meeting be held at Heritage Park. The Commission concurred. VC/Istik inquired as to how the residents will be notified. SE/Liu responded that all residents of the area will be notified by mail. Wilbur Smith, 21630 Fair Wind Lane asked about the feasibility of controlling the traffic signals at the south end of Diamond Bar to discourage some of the cut -through traffic, particularly during the reconstruction of Diamond Bar Boulevard. He indicated he spoke with Interim City Engineer, George Wentz, who indicated it would be a relatively simple matter for the City to request Caltrans to change the timing of the traffic signals. He asked that this temporary measure be pursued by the City. Mr. Smith further requested that signs be set up along the SR - 57 at the Diamond Bar off -ramps to let motorists know there is construction taking place in Diamond Bar. He feels this may encourage motorists to bypass the City. Mr. Smith indicated that, following their review of the Diamond Bar Draft General Plan, the City of Chino Hills, in a letter to the Diamond Bar City Council, encouraged a bypass road through Tonner Canyon. SE/Liu responded that staff has contacted CalTrans regarding Mr. Smith's suggestions for controlling traffic signals and it appears they will be unable to assist with freeway signs. The City has adequate signage and traffic control devices for the construction activities. There has been a 10 calendar day delay as a result of unanticipated subsurface condition, which December 8, 1994 Page 4 moves the completion date to January 14, 1995. T&T Commission C/Chavers stated he has observed the contractor closing lanes with little regard for peak hour traffic. He asked if there is a time limit within the contract specifying when lanes may be closed. SE/Liu responded that because of the wet subsurface condition encountered, the traffic control plan originally developed for the project had to be set aside. As a result, it became necessary to divert both the northbound and southbound traffic to the southbound lanes during the construction hours of 8:00 a.m. to 4:00 p.m. resulting in one lane of traffic in each direction. Responding to Mr. Smith, C/Chavers stated Los Angeles County is in charge of the traffic signal controllers. Although they can adjust the time there could be a negative effect of increasing the queue back onto the freeway ramps. If this should occur, CalTrans can override any decisions made by the City to change the setting of the controllers. IV. CONSENT CALENDAR - None V. OLD BUSINESS A. 25 MPH prima facie speed limit on residential streets. SE/Liu reported that at the November 10, 1994 Traffic and Transportation Commission meeting, staff identified residential streets which did not have the prima facie speed limit of 25 MPH. The Commission requested that staff provide, in tabular format, the CVC criteria with regard to the definition of local streets and roads. According to the California Vehicle Code, a local street or road is defined as follows: A local street or road primarily provides access to abutting residential property and shall meet the following three conditions: (1) Roadway width of not more than 40 feet. December 8, 1994 Page 5 T&T Commission (2) Not more than one-half mile (2640 feet) of uninterrupted length. Interruptions shall include official traffic control devices as defined in Section 445. (3) Not more than one traffic lane in each direction. Incorporating the surveyed residential streets information with the aforementioned CVC's definition for local streets and roads, staff prepared a table for the Commission's review and discussion. The streets mentioned in the report are those the Commission requested be reviewed. A motion was made by C/Chavers and seconded by Chair/Ortiz to leave Kiowa Crest Drive and Palomino Drive posted as is (Kiowa Crest Drive is currently posted 25 mph and Palomino Drive has no posted speed limit) and allow staff time to conduct data research to see if the implementation of stop signs is warranted which would allow for the "interrupted length" criteria such that these streets maintain residential or local category. AYES: It is recommended that the Traffic and Transportation Chavers, Chair/Ortiz, Commission discuss the information provided and direct staff as necessary. NOES: A motion was made by VC/Istik and seconded by C/Chavers None to recommend that the City Council adopt a policy. ' statement that "Residential streets in Diamond Bar should ABSENT: be posted at 25 mph." In recognition of this policy, the Esposito speed limit on Prospectors Road, Highland Valley Road, Fountain Springs Road, and Cold Spring Lane, shall revert to that posting. The motion passed with the following ROLL CALL vote: AYES: COMMISSIONERS: VC/Istik, Chavers, Gravdahl, Chair/Ortiz NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Esposito A motion was made by C/Chavers and seconded by Chair/Ortiz to leave Kiowa Crest Drive and Palomino Drive posted as is (Kiowa Crest Drive is currently posted 25 mph and Palomino Drive has no posted speed limit) and allow staff time to conduct data research to see if the implementation of stop signs is warranted which would allow for the "interrupted length" criteria such that these streets maintain residential or local category. AYES: COMMISSIONERS: Chavers, Chair/Ortiz, Gravdahl, VC/Istik NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Esposito December 8, 1994 Page 6 T&T Commission Y A motion was made by VC/Istik and seconded by Chair/Ortiz to request City Council delete the term "Residential Collector" from the Circulation Element of the Draft General Plan and replace it with the term "Residential Streets". AYES: COMMISSIONERS: VC/Istik, Chair/Ortiz, Chavers, Gravdahl NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Esposito VI. NEW BUSINESS A. TDA Article 3 (SB 821) Regional Funds SE/Liu reported the City of Diamond Bar was granted $98,000 in Transportation Development Act (TDA), Article 3 (SB 821) regional funds in Fiscal Year 199.1-92. SB 821 monies are to be used for various bicycle and pedestrian facilities improvement projects. The City was awarded SB_ 821 funding as a result of its proposal to improve/ construct bicycle lanes located on Grand Avenue,, Diamond Bar Boulevard, Golden Springs Drive, and Brea Canyon Road. The Los Angeles County Metropolitan Transportation Authority (LACMTA) notified .the City regarding its $98,000 regional funding. The City was informed that this money will lapse if said amount is not utilized by the end of Fiscal Year 1994-95 or by June, 1995. As part of the Diamond Bar Boulevard Rehabilitation/ Reconstruction Project, the City will utilize $50,000 of its SB 821 monies to restripe/modify the existing bicycle lanes on north and southbound Diamond Bar Boulevard between Brea Canyon Road and Grand Avenue. Furthermore, the City has allocated $20,000 of this fund to establish bike routes along Grand Avenue. This improvement will be part of the Grand Avenue Rehabilitation Project. It is also the intention of the City to utilize SB 821 monies to modify the existing bicycle route on Golden Springs Drive between Diamond Bar Boulevard and Temple Avenue from Class III Bike Route to Class II Bike Lanes. A N'. `5 m December 8, 1994 Page 7 T&T Commission Staff recommended that the Traffic and Transportation Commission provide input regarding the proposed uses of SB 821 funds and its concurrence. A motion was made by C/Chavers and seconded by VC/Istik to concur with staff's recommendation to utilize the remaining SB 821 monies to modify the existing bike route on Golden Springs Drive between Diamond Bar Boulevard and Temple Avenue from the current Class III Bike Route to Class II Bike Lanes. The motion was passed with the following ROLL CALL vote: AYES: COMMISSIONERS: Chavers, VC/Istik, Gravdahl, Chair/Ortiz NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Esposito B. Request for stop signs at residential T -intersections. SE/Liu reported that routinely, the Department of Public Works receives requests to install stop signs at residential T -intersections. When such requests are received, the Department investigates in accordance with the State of California's Traffic Manual. Generally, staff takes the following into consideration when evaluating requests for stop signs at T - intersections: (1) Actual warrants (2) Sight distance concerns (3) Street grades (4) Speed Concerns have been raised regarding the need for stop signs at three (3) residential T -intersections. They are: (1) Barbi Lane at Cold Spring Lane (2) Cold Spring Lane at Ambushers Street (3) Clear View Crest Drive at Rock.River Road Staff has previously field investigated these T - intersections and did not find warrants for their installation. December 8, 1994 Page 8 TiT Commission As stated in the CalTrans guidelines, stop signs should be used only where warranted. Additionally, as required in the California Vehicle Code, Section 21800 (b) (1), "the driver of any vehicle on a terminating highway shall yield the right-of-way to any vehicle on the intersecting continuing highway". However, staff also recognizes that placement of stop signs at the leg of a T -intersection technically just reinforces the requirement to yield to oncoming traffic. Therefore, staff suggests the following standard practice for requests for stop signs 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. _L;°�x (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. (6) The matter will then be forwarded onto the City Council for consideration/action. Staff recommends that the Traffic and Transportation Commission concur with the recommended standard practice for stop sign requests at T -intersections, review the three (3) T -intersections at Barbi Lane at Cold Spring Lane, Cold Spring Lane at Ambushers Street, and Clear View Crest Drive at Rock River Road and determine merits of the requests. r December 8, 1994 Page 9 T&T Commission Chair/Ortiz asked if the two citizens who wrote letters regarding this agenda item were notified the item would be on the agenda for this meeting. SE/Liu responded that both were notified by mail and no response was forthcoming from either party. C/Chavers stated that this was an agenda item for the November 10, 1994 meeting and the parties were not present at that meeting. Staff recommended the item be tabled to the December meeting. SE/Liu stated there has been no response in any form from the interested parties. However, there are two concerned citizens present. Chair/Ortiz asked the concerned citizens to step forward and offer their comments. _t Red Calkins 240 Eagle Nest Drive requested a stop sign g � P n g =,a at Clear View Crest Drive at Rock River Road on two „v occasions. He reiterated he is in favor of a stop sign at the location. Wilbur Smith, 21630 Fair Wind Lane stated the Commission should consider the unsafe traffic conditions and recommend the installation of stop signs at the proposed locations. Chair/Ortiz asked if stop signs would be a better tool for enforcement. Sgt. Rawlings responded that there may not be sufficient traffic in those areas to warrant more enforcement than is already available. However, enforcement would be easier with stop signs in place. C/Chavers commended staff for a very clear and precise report. He concurred with the recommendations presented by staff. A motion was made by C/Chavers and seconded by VC/Istik to adopt staff's policy statement and table the discussion with regard to the necessity of stops signs at the three proposed intersections until staff has an opportunity to complete further studies and make additional recommendations. VC/Istik requested an amendment to the motion to include the intersection of December 8, 1994 Page 10 TIT Commission Gold Run Drive and Running Branch Road for further study and recommendation. The motion was passed with the following ROLL CALL vote: AYES: COMMISSIONERS: Chavers, VC/Istik, Gravdahl, Chair/Ortiz NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Esposito VII. STATUS OF PREVIOUS ACTION ITEMS SE/Liu reported that in addition to the Sunday parking for the Evangelical Free Church, the City Council also accepted the recommendation as forwarded from the Traffic and Transportation Commission regarding the installation of a right turn lane on southbound Brea Canyon Road at westbound 60 on-ramp. VIII. ITEMS FROM COMMISSIONERS VC/Istik stated he was called by Eileen Ansari, the City Council member who appointed him. She asked him about a recommendation which had come before the City Council from the Traffic and Transportation Commission. He said that he was not aware the Sunday parking recommendation had gone to the City Council and indicated he wishes to have copies of staff reports being submitted to City Council in advance so that he is aware of the item and able to discuss the matter with the Council members. IB. ITEMS FROM STAFF SE/Liu stated that Tuesday, December 13, 1994 from 5:30 to 8:30 p.m. the Commissioners are invited to the holiday festivities at the Heritage Park Community Center. SE/Liu asked if all Commissioners are receiving copies of the City Council agenda in a timely fashion. VC/Istik responded he receives the agenda on Monday or Tuesday prior to the meeting. Chair/Ortiz stated he usually receives the agenda the morning of the City Council meeting. December 8, 1994 Page 11 TiT Commission SE/Liu indicated he will coordinate with the City Clerk to be certain that the Commission members receive the agendas in a timely fashion. C/Gravdahl asked if the packet item could be included with the agenda. SE/Liu responded staff will ask the City Clerk to attach the specific reports to the agenda. B. INFORMATIONAL ITEMS Chair/Ortiz requested that the "Eligible Uses of Proposition A and C Funds" be a January Traffic and Transportation Commission agenda item. SE/Liu introduced Carol Dennis as the new Recording Secretary. SI. ADJOURNMENT The motion was made, seconded and carried unanimously to adjourn the meeting at 8:55 p.m. Attest: /s/ Tom Ortiz Tom Ortiz Chairman Respectfully, /s/ David G. Liu David G. Liu Secretary CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION JANUARY 12, 1995 CALL TO ORDER Chairman Ortiz called the meeting to order at 7:00 p.m. at the South Coast Air Quality Management District (SCAQMD) Hearing Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Chairman Ortiz. ROLL CALL Chairman Ortiz stated that Vice Chairman Istik would be absent and excused from the meeting. Commissioners: Chairman Ortiz, Chavers, Gravdahl, Esposito Staff: Senior Engineer, David Liu; Consultant Engineer, Michael Myers; Tseday Aberra, Administrative Assistant; Sergeant Rawlings; and Recording Secretary, Carol Dennis I• APPROVAL OF MINUTES 1• Meeting of December 8, 1994. Chair/Ortiz indicated that Vice Chairman Istick requested that the approval of the minutes of December 8, 1994 be postponed until the February meeting. The Commission concurred. II. COMMISSION COMMENTS C/Gravdahl reported that Mayor Pro Tem Papen will meet with representatives of the Commuter Computer on Friday, January 13, 1995. III. PUBLIC COMMENTS Craig Clute, 21217 Fountain Springs Road, commented that in the Circulation Element a list of residential streets experiencing cut -through traffic have been identified, but not January 12, 1995 Page 2 T&T commission Fountain Springs Road. Wilbur Smith, 21630 Fair Wind Lane, asked for the schedule of completion' for the Diamond Bar Boulevard Rehabilitation. Project. He suggested that the Traffic and Transportation Commission should respond to the letter from the mayor of Chino Hills and that the response should indicate it is not feasible to put a road in Carbon Canyon. He also asked for an update on his request to put temporary signs on the SR -57 indicating construction of Diamond Bar Boulevard. SE/Liu responded that the Diamond Bar Boulevard Rehabilitation Project had been delayed due to the inclement weather and the project should be completed by February 15, 1995. With respect to signs on SR -57, SE/Liu stated it would not be appropriate to request the signs at this time. CE/Myers responded the letter from Chino Hills was beir-- addressed by the Mayor and he felt a response would forthcoming. C/Chavers stated he was concerned that Diamond Bar's Circulation Element might contain verbiage that could be construed as indicating a double standard. He indicated it seems to be okay for Diamond Bar to recommend a road in others' environmentally sensitive area such as Soquel Canyon. He feels Chino Hills has a valid opinion of the intent of the General Plan. C/Gravdahl concurred with C/Chavers that a road should not be built in an environmentally sensitive area. IV. CONSENT CALENDAR - None V. OLD BUSINESS A. Neighborhood Traffic Study for the Pathfinder Road/Brea Canyon Road/Diamond Bar Boulevard triangle area. SE/Liu reported that staff received three (3) proposals for the neighborhood traffic study. They were DKS Associates, Austin -Foust Associates, Inc., and Linscott, Law & Greenspan, _ Engineers. January 12, 1995 Page 3 TAT Commission On January 3, 1995, the Council approved staff's recommendation to award DKS Associates a contract to conduct the neighborhood study. The recommendation was based on the DKS Associates' existing knowledge of the City, data already collected, computer software/data capability, and staffing proposed for the project. DKS Associates will work closely with City staff in order to identify and incorporate residents' concerns (i.e. speeding, cut -through traffic) and to explore various mitigation measures to address these concerns. He further commented that any additional data collection effort will be made after the completion of the Diamond Bar Boulevard Rehabilitation Project. Staff recommends that the Traffic and Transportation Commission receive and file the report. Craig Clute, 21217 Fountain Springs Road, wanted to know why Evergreen Springs Drive and Brea Canyon Cut-off Road were not on the list for the study. He also asked if there were .fas proposed improvements for Brea Canyon Road, and whether or not the Brea Canyon Cut-off/Corporate Terrace Drive intersections will be signalized. SE/Liu.responded that the neighborhood study is meant to be a comprehensive study and if necessary, DKS and the City will incorporate any critical intersections or streets in the study. The Brea'Canyon Cut-off Road/Corporate Terrace Drive intersection is warranted for traffic signal upon full occupancy of the proposed site. The developer will be funding 100% of the signal cost. Regarding the proposed improvements on Brea Canyon Road (south of Pathfinder Road), conceptual plans were presented to the Traffic and Transportation Commission last year. Staff will be proposing this as a future Capital Improvement Project. C/Chavers apologized to Craig Clute that the citizens should not have to wait for a traffic study to be done until Diamond Bar Boulevard Rehabilitation Project is completed. He encouraged staff to step up progress on the study. January 12, 1995 Page 4 r T&T commission A motion was made by C/Chavers and seconded by C/Gravdahl to amend staff's recommendation to expedite the study. The motion was carried 4-0 with the following roll call: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Chavers, Gravdahl, Esposito, Chair/Ortiz None None VC/Istik B. Request for stop signs at residential T -intersections SE/Liu reported that at the request of the Traffic and Transportation Commission staff has completed further site investigations at the 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. Staff recommends that the Traffic and Transportation; Commission approve the installation of W -7A (side road) signs. on both approaches of the aforementioned continuing streets and R-1 (stop) signs at the intersecting legs of these residential T -intersections. Red Calkins, 240 Eagle Nest Drive, commented he wants stop signs at the intersecting legs. C/Gravdahl indicated he felt a 3 -way stop might be appropriate on Clear View Crest at Rock River Road. Wilbur Smith stated he would like to see a stop signs at Barbi Lane and Cold Springs Lane. A motion was made by C/Chavers and seconded by Chair/Ortiz to adopt staff's recommendation. The motion was carried 4-0 with the following roll call: AYES: COMMISSIONERS: Chavers, Chair/Ortiz, Gravdahl, Esposito NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Istik VI. NEW BUSINESS - None fir; January 12, 1995 Page 5 VII. STATUS OF PREVIOUS ACTION ITEMS TAT Commission C/Gravdahl asked staff to provide the Commission with a cost breakdown of the 1994 Holiday Shuttle program. VIII. ITEMS FROM COMMISSIONERS C/Esposito commented that during the peak hours, eastbound 12 lane on Grand Avenue between Golden Springs Drive and Montefino Avenue is being used as a through lane. She suggested motorists could be deterred from creating a third lane on eastbound Grand Avenue by creating a bike lane. SE/Liu responded that staff is aware of this situation and will resolve this as part of the Grand Avenue Rehabilitation Project. In response to C/Gravdahl's inquiry regarding the cost of the Holiday Shuttle, SE/Liu will be providing a copy of the memorandum to the City Manager for his information. Chair/Ortiz commended staff for providing the Commission a complete and up-to-date list of Commissioners indicating the names of the City Council members who appointed them. IB. ITEMS FROM STAFF SE/Liu stated when staff contacted Jones Intercable with respect to parking on Brea Canyon Road, they were assured Jones Intercable would refrain from doing so in the future. CE/Myers stated the Orange County Transit Authority (OCTA) bus stop proposal of the Pathfinder Park -N -Ride lot will be agendized for the February 9, 1995 Traffic and Transportation Commission meeting. OCTA needs to know if its proposal will be subject to further evaluation. CE/Myers suggested the possibility of including this as part of the neighborhood traffic study. C/Gravdahl suggested that informational items and materials be forwarded to the Commission members in advance of the scheduled meetings for the Commissioners' input. By so doing, it may not be necessary to agendize this and other items. Chair/Ortiz asked for this to be an agenda'item next meeting. The Commission concurred. January 12, 1995 Page 6 T&T Commission �; 4 Y. INFORMATIONAL ITEMS Regarding the November 28, 1994 letter from Chino Hills addressed to the Mayor of Diamond Bar and specifically referring to the Draft Circulation Element of the General Plan, C/Chavers recommended a response from the Traffic and Transportation Commission be sent to the Diamond Bar City Council. CE/Myers responded the Chairman of the Planning Commission is drafting a letter of response because he represents the current status of the General Plan. C/Chavers recommended the Commission forward to City Council the statement that "this City will endeavor to treat all three potential bypass corridors with equal respect. Each potential route will be given the same credence, the same sensitivity, and the same understanding and care, whether one route be within our boundaries and the other two _outside our boundaries." C/Gravdahl stated he agrees with C/Chavers and requested such5. action be taken when all five members are present. CE/Myers indicated if the Commission wishes to respond it should be done immediately. Chair/Ortiz suggested the response,could come directly from C/Chavers. C/Chavers requested the minutes reflect his statement and staff forward the statement to the City Council. In addition, he wanted the City to indicate to Chino Hills "that a route in or around Tonner Canyon would not be funded by adjacent developments. In fact, the developable land adjacent to Tonner Canyon which could contribute a significant portion of the cost of constructing a major arterial is entirely irrelevant. The funding of this road will be by those who drive it because there will be no development adjacent to it, at least within the boundaries of Diamond Bar." He stated that Diamond Bar needs to make this very clear to the City of Chino Hills. Responding to C/Gravdahl, C/Chavers indicated this statement needs to be forwarded to the appropriate party/parties (i.e. Planning Commission, City Council, etc.) stated he would make the same statement at future public meetings. r January 12, 1995 Page 7 T&T Commission CE/Myers stated he would like to take .direction by the consensus of the Commission. Respectfully, /s/ David G. Liu David G. Liu Secretary Attest: /s/ Tom Ortiz Tom Ortiz Chairman A motion was made by C/Chavers and seconded by C/Gravdahl that staff forward to the City Council the Commission's desire to have C/Chaver's statements included in the letter the City Council is preparing in response to the letter from the City of Chino Hills. The motion was carried 3-1 with the following roll call: AYES: COMMISSIONERS: Chavers, Gravdahl, Esposito NOES: COMMISSIONERS: Chair/Ortiz ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Istik CE/Myers commented a discussion of the Circulation Element to the General Plan could be an agenda item for a future meeting. XI. ADJOURNMENT - Chairman Ortiz declared the meeting to adjourned at 8:42. p.m. Respectfully, /s/ David G. Liu David G. Liu Secretary Attest: /s/ Tom Ortiz Tom Ortiz Chairman City of Diamond Bar I N T E R O F F I C E M E M O R A N D U M TO: Mayor Papen and Mayor Pro Tem Werner FROM: Linda G. Magnuson Accountinq Manger SUBJECT: Voucher Register, February 21, 1995 DATE: February 15, 1995 Attached is the Voucher Register dated February 21, 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 21, 1995 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION 001 General Fund 115 Integrated Waste Management Fund 125 Community Dev. Block Grant Fund 138 LLAD 138 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 225 Grand Ave. Construction Fund 250 CIP Fund TOTAL ALL FUNDS APPROVED BY: Linda G. MagAu6bn Accounting Manager Terrence L. Belanger City Manager AMOUNT $270,203.51 4,968.00 2,592.87 2,483.76 1,156.74 169.75 21.00 8.153.75 $269,749.38 /*&-6- e. -4 � -� Phy lis E. Papen Mayor Ga H. Werner Mayctr P o Tem aaa City of D i a a a n d Bar **� RUN TIME: 161602/16/95 VOUCHER REGISTER DUE THRU.............02/21/95 PAGE 1 VENDOR NAME VENDOR ID. * * PREPAID * * ACCOUNT PROJ.TX-NO BATCH PO.LINE/ND. ------------------------------------------------------------------------------------------------------------------------------- ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK AT & T AT&T TOTAL DUE VENDOR --------) 17.13 Alar Glass AlarGlass *001-4090-2125 5 502218 02/15 02/21 *001-4313-2210 Jan Long Dist Phne Svcs 17.75 WindowRplcmnt-HrtgCowCtr 95.95 TOTAL DUE VENDOR --------) 17.75 Accurate Landscape Accurate All City *401-4325-2210 2 50221B 05/2207B 02/15 02121 35945 Add'l Maint-Starshne-Dec 23.71 *138-4538-2210 6 502218 01/2205 02/15 02/21 35945 Add'l Maint-Dist 38 -Dec 37.46 *139-4539-2210 4 50221B 01/2206C 02/15 02/21 35945 Add'l Maint-Dist139-Dec 30.00 *139-4539-2210 6 50221B 01/2206C 02/15 02/21 35948 Dec Irrigtn Work-Dist39 622.71 *138-4538-2210 8 50221B 01/2205 02/15 02/21 35979 Tree Fertilization-Dist38 1,679.00 TOTAL DUE VENDOR --------) 2,392.88 Air Surface Courier Air Surfac *001-4553-2110 1 50221B 02/15 02/21 077218 CourierCirculationElement 17.13 TOTAL DUE VENDOR --------) 17.13 Alar Glass AlarGlass *001-4313-2210 10 50221B 01/2554 02/15 02/21 4984 WindowRplcmnt-HrtgCowCtr 95.95 TOTAL DUE VENDOR --------) 95.95 All City Management All City *001-4411-5531 4 50221B 0112080A 02/15 02/21 000059 1/8-1/21 Crssg Grd Svcs 2,306.95 TOTAL DLE VENDOR --------) 2,306.95 American Art China Co. AKq*t *001-4095-1200 5 502218 01/2591 02/15 02/21 34210/34253 Mtg Supplies-CCCA-Cups 511.64 TOTAL ME VENDOR -------- } 511.64 Aramark Refreshment Aramark *001-4090-2130 4 502218 02/2309A 02/15 02/21 348161 March Equip Rent 29.00 TOTAL DUE VENDOR --------} 29.00 AramarkCor AramarkCar *001-4090-2325 4 502218 01/2587 02/15 02/21 Council-Reorganiztn-12/6 124.49 *001-4090-2325 6 50221B 01/2138A 02/15 02/21 BrtlyBrkfstSheriffs-12/13 376.17 TOTAL DUE VENDOR --------) 500.66 BT Paramount BTParamoun *001-4090-6220 2 50221B 01/2614 02/15 02/21 4156 3 Walnut Bookscases 36x36 365.34 TOTAL DUE VENDOR --------) 365.34 ##* City RUN TIME: 16:16 02/16/95 V O U C H E R R EG I S T E R PAGE 2 6 DUE THRU.............02/21/95 VENDOR NAME VENDOR ID. * PREPAID ACCOUNT PROJ.TX-ND BATCH PO.LINE/ D. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK --------------------------------------------------------------------------------------------------------------------- Blaze, Danielle #001-3478 Brea, City of ¢001-4350-5300 1463 4 502218 BreaCity 2 50221B 01/1875 Bryan A. Stirrat & Assc BryanStirr *001-4551-5227 2 50221B 01/2322 #001-4551-5227 4 50221B 01112374 CELSOC CELSOC *001-4551-2340 2 50221A Campbell, Kathy 1467 *001-3478 6 502218 Carnahan, Lisa 1468 #001-3478 8 50221B Carol Dennis Caro IDon i *001-4210-4000 4 50221C 01/2082 #001-4210-4000 2 50221C 02/2540 Chan, Mei 1461 *001-3478 12 50221D Charles Abbott t Asc Inc CharlesAbb *115-4515-5500 6 50221B 01/2148 02/15 02/21 13308 Recreation Refund 10.00 TOTAL DUE VENDOR --------) 10.00 02/15 02/21 52930 Jan Recreation Svcs 25,555.00 TOTAL DUE VENDOR --------) 25,555.00 - 02/15 02/21 95013 Inspect5vcs-SteepleChase 287.20 02/15 02/21 95013 Inspectn Svcs-Calsbrook 112.50 TOTAL DUE VENOM --------) 399.70 02/15 02/21 SubdvsnMapkt-2/23-Garvey 210.00 02/21/95 0000025764 TOTAL PREPAID AMOM ----) 210.00 TOTAL DUE VENDOR --------) 0.00 02/15 02/21 13426 Recreation Refund 10.00 TOTAL DUE VENDOR --------) 10.00 02/15 02/21 13481 Recreation Refund 37.00 TOTAL DUE VENDOR --------) 37.00 02/15 02/21 ADR9501 ADR Minutes May -Dec 150.00 02/15 02/21 PC9501 MntsSec-P1ngCoeul2/12-1/9 420.00 TOTAL DUE VENDOR --------> 570.00 02/15 02/21 13451 Recreation Refund 32.00 TOTAL DUE VENDOR --------) 32.00 02/15 02/21 097-022 Dec-SolidWasteProf5vcs 4,968.00 TOTAL DUE VENOM --------) 4,968.00 *** Citof Diamond Bar �** RUN TIME: 16:16 02/16/95 V O y U C H E R R E G I S T E R PAGE 3 DUE THRU.............02/21/95 VENDOR NAME VENDOR ID. * PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION ARMY DATE CHECK. ---------------------------------------------------------------------------------------------------------------------- Chino Valley Building ChnoVlyBld *001-4440-1200 4 502218 01/2555 02/15 02/21 Sand-EmerPrepSuppl 451.80 *001-4440-1200 6 502218 01/2566 02/15 02/21 Sand-EeerPrepSuppl 500.00 *001-4440-1200 8 507218 01/2567 02/15 02/21 Sand-Eme "Suppl 500.00 *001-4440-1200 10 502218 01/2568 02/15 02/21 EmerPrepSuppl-Sand 441.84 TOTAL DUE VENDOR --------) 1,893.64 Community Disposal Co. ComDisposl *001-4510-5501 2 502218 01/2061 02/15 02/21 Jan Street Sweeping Svcs 6,300.15 TOTAL DUE VENDOR --------) 6,300.15 Computer Applied Systems CAS *001-4050-4030 2 502218 01/2159 02/15 02/21 950203 Feb-ComputrMaint-Finance 832.00 TOTAL DUE VENDOR --------) 832.00 Corcoran, Deborah 1464 *001-3478 5 50221B 02/15 02/21 13495 Recreation Refund 27.00 TOTAL DUE VENDOR --------) 27.00 Cotton/Beland Assoc CotBelAsso *001-4210-4220 2 50221B 01/2267 02/15 02/21 3672 Prof5vcs-GPlan-11/28-1/15 879.04 TOTAL DUE VENDOR --------) 879.04 Curland, Kim 1466 *001-3478 7 50221B 02/15 02/21 13517 Recreation Refund 27.00 TOTAL DUE VENDOR --------) 27.00 DW Engineering D&JEngine *001-4310-5318 2 50221C 01/2607 02/15 02/21 94S-012 StormDamgeinsp-Hrtg/Syc. 135.00 *2'50-4510-6416 06895 4 50221C 01/2455 02/15 02/21 94S-013 ElectMeterInsp-GldSprgs 78.75 TOTAL DUE VENDOR --------) 213.75 DFM Associates owssoc *001-4040-1200 4 50-121C 01/2437 02/15 02/21 14732 -IN 1995CalifElectnCodes 78.58 TOTAL DUE VENDOR - ------- ) 78.58 Day & Night Copy Center Day&Night *001-4090-2100 4 502210 01/2609 02/15 02/21 08121 CopySvcs-P&RAgendaPackets 151.65 TOTAL DUE VENDOR --------) 151.65 t*t City of Diamond Bar ##t RUN TIME: 161602/16/95 VOUCHER REGISTER DUE THRU.............02/21/95 PAGE 4 VENDOR NAME VENDOR ID. * t PREPAID * * ACCOUNT PROJ.TX-NO BATCH PO.LINE/ND. --------------------------------------------------------------------------------------------------------------------- ENTRY/M INVOICE DESCRIPTION AMOUNT DATE CHECK Diamond Bar Petty Cash PettyCash TOTAL DUE VENDOR --------) *001-4010-2325 7 50221E 02/15 02/21 Mtgs-CCouncil 12.43 *001-4040-2325 1 50221E 02/15 02/21 Mtg-CClerk 2.00 *001-4090-1200 6 50221E 02/15 02/21 Mtg-Gen Govt Suppl 27.76 *001-4095-2395 1 50221E 02/15 02/21 Coma Info Supplies 1.62 *001-4310-1200 9 50221E 02/15 02/21 Supplies -Community Svcs 5.36 +001-4350-1200 13 50221E 02/15 02/21 Recreation Supplies 3.38 *001-4350-2325 1 50221E 02/15 02/21 Recreation Meetings 12.00 {001-4440-1200 11 50221E 02/15 02/21 Supplies -Ever Prep 30.00 *125-4215-2325 1 50221E 02/15 02121 ADA RetroFit 4.40 TOTAL DUE VENDOR --------) 98.60 Diamond Bar/Walnut YMCA DBWalYMCA *125-4215-2355 4 50221E 01/1955 02/15 02/21 Dec-DayCampCD9GReimh 605.00 *125-4215-2355 6 50221E 01/1954 02/15 02/21 CDBG-Chldcre Asstnce-Dec 1,927.00 TOTAL DUE VENDOR --------) 2,532.00 Doubletree Hotel Doubletree *001-4010-M 150221C 02/15 02/21 SCAGAccoe3/1-3-Hreny,Papn 240.90 TOTAL DUE VENDOR --------) 240.90 Dwight French & Assoc. DwightFren *2215-4510-6411 2 50221C 01/C1860 02/15 02/21 1011965 Dec Svcs-GrandAveRehab 21.00 TOTAL DUE VENDOR --------) 21.00 Emed Co Inc EmedCo *001-4313-2210 12 50221C 01/2586 02/15 02/21 294439 SeokefreeDecals-HrtgPrk 50.55 TOTAL DUE VENDOR --------> 50.55 Engineering-Environeenatl EngEnvGeol *001-2300-1012 5 50221C 02/15 02/21 G501231AI85 GeoTech Review-Tintah-Jan 130.00 TOTAL DUE VENDOR --------> 130.00 F&A Federal Credit Union F&ACreditU #001-2110-1012 3 50221A 02/15 02/21 CreditUnionDeductions-PP3 2,079.75 02/21/95 0400025762 TOTAL PREPAID AMOUNT ----) 2,079.75 TOTAL DUE VENDOR --------) 0.00 F. Morton Pit Co FMortinPit #001-4411-6250 2 50221C 01/2528 02/15 02/21 RadarUnitAccessor-Sheriff 126.80 TOTAL DUE VENDOR --------) 126.80 *** Citof Diamond Bar *** RUN TIME: 161602/16/95 VOy U C H E R REGISTER PAGE 5 DUE THRU.............02/21/95 VENDOR NAME VENDOR ID. * * PREPAID ACCOUNT PRO.I.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ---------------------------------------------------------------------------------------------------------------------- Federal Eipress Corp. FedExpress *001-2300-1010 13 50221C 02/15 02/21 540651915 Exp Mail -FPL 94-25 13.00 *001-2300-1010 14 50221C 02/15 02/21 540651915 Exp Mail -FPL 94-25 9.00 *401-4090-2120 1 50221C 02/15 02/21 540651915 TreePlantContractLawsuit 20.00 *001-4090-2120 2 50221C 02/15 02/21 540651915 Exp Mail-NPEDS Permit 9.00 *001-4090-2120 3 50221C 02/15 02/21 540651915 Exp Mail -Grant -Firebreaks 13.00 TOTAL DUE VENDOR --------) 64.00 Firestone Stares Firestone *001-4310-2200 4 50221C 01/2536 02/15 02/21 460677313 Tires-P&R Truck 424.34 TOTAL DUE VENDOR --------) 424.34 First Interstate Bank First Inter *001-4010-2325 5 50221A 02/15 02/21 Mtg-Mtgmry,Werner,Ansari 7.15 02/21/95 0000025760 TOTAL PREPAID AMOUNT ----) 7.15 TOTAL DUE VENDOR --------) 0.00 Flamenbaum, Bruce Flamenbaum *001-4210-4100 1 50221E 02/15 02/21 P1ngCommMtgs-11/14-12/12 120.00 TOTAL DUE VENDOR --------) 120.00 Fleet Call FleetCall *401-4090-2130 5 50221C 02/15 02/21 Feb -2 Way Radio Svcs 158.55 TOTAL DUE ,VENDOR --------) 158.55 Fang, Franklin FongF +001-4210-4100 5 50221E 02/15 02/21 P1ngCommMtgs-11/14-12/12 120.00 TOTAL DUE VENDOR --------> 120.00 Futrell, Cindy 1476 *001-3478 9 50221C 02/15 02/21 13493 Recreation Refund 27.00 TOTAL ME VENDOR --------) 27.00 GFOA GFOA *001-4050-2340 1 50221C 02/15 02/21 IntGovtkct-1/25-27Gitmed 330.00 TOTAL DUE VENDOR --------) 330.00 GTE California GTE *041-4331-2125 3 50221C 02/15 02/21 Phne Svcs-SycCynPrk 75.54 TOTAL DUE VENDOR --------> 75.54 Citof y Diamond Bar ��+► RUN TIME: 16:16 02/16/95 V O U C H E R R E G I S T E R PAGE 6 DUE THRU .............02/21/95 VENDOR NAME VENDOR ID. * * PREPAID ACCOUNT PROJ.TX-NG BATCH PO.LINE/N0. --------------------------------------------------------------------------------------------------------------------------------- ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK GTE California GTE *001-4319-2125 1 50221C 02/15 02/21 Phne Svcs -Peterson Prk 42.28 TOTAL DUE VENDOR --------) 42.28 GTE California GTE *001-4040-2125 2 50221C 02/15 02/21 Modum Line Svcs -1/2-2/22 33.67 TOTAL DUE VENDOR --------) 33.67 Geiger, Donna GeigerD *001-4350-4300 12 50221C 02/2264 02/15 02/21 09b95005 MntSec-Comm Svcs 1/26 172.00 TOTAL DUE VENDOR --------) 172.00 Gollins, Michelle 1457 *001-3478 10 50221C 02/15 02/21 13174 Recreation Refund 19.50 TOTAL DUE VENDOR --------) 19.50 Gonsalves b Son, Joe A. Gonsalves *001-4010-4000 2 50201C 01/1975A 02/15 02/21 Professional Svcs -Feb 2,100.00 TOTAL DUE VENDOR --------) 2,100.00 Graffiti Control Systems GrafitiCon *001-4558-5520 4 50221C 01/2095 02/15 02/21 DBO195 Graffiti Removal -Jan 1,444.00 *001-4558-5520 6 50221C 01/2095 02/15 02/21 DB1294 Graffiti Removal -Dec 2,160.00 TOTAL DUE VENDOR --------> 3,604.00 HighPoint Graphics HighPoint *001-4010-2110 1 50221C 07/2231 02/15 02/21 45167 Prepress-Business Cards 21.65 *001-4090-2110 5 50221C 06/2231 02/15 02/21 45240 Prepress-City Letterhead 30.31 TOTAL DUE VENDOR --------) 51.96 Home Depot HomeDepot *001-4090-1200 5 50221C 02/15 02/21 2262320 Supplies -PlywoodPhneSys 15.51 TOTAL DUE VENDOR --------) 15.51 Huff, Bob HuffB *001-4210-4100 3 50221E 02/15 02/21 P1ngCowMtgs-11/14-12/12 120.00 TOTAL DUE VENDOR --------) 120.00 *** Citof Diamond Bar *#� RUN TIME: 16:16 02/16/95 V O y U C H E R R E G I S T E R PAGE 7 DUE THRU.............02/21/95 VENDOR NAME VENDOR ID. # * PREPAID { } ACCOUNT PROJ.TX-ND BATCH PO.LINE/ND. ENTRY/DUE INVOICE DESCRIPTION NIGUNT DATE CHECK --------------------------------------------------------------------------------------------------------------------------------- Impressive Screenworks Impressive *001-4350-1200 8 50221D 01/2355 02/15 02/21 3129 Youth/AdultBsktblUniforms 2,014.93 TOTAL DUE VENDOR --------) 2,014.93 Inland Valley Dly Bulletn IVDB *001-4040-2115 6 502211) 01/2131 02/15 02/21 102926 Bids -Signal Construction 49.00 *001-4040-2115 8 502210 01/2131 02/15 02/21 104278 PubNot-94FinancialReport 21.00 *125-4215-2115 4 50221D 01/2606 02/15 02/21 97041 LegalNotice-CDBGHrg 56.87 - TOTAL DUE VENDOR --------) 126.87 Intl Business Equipment InBusEquip *001-4090-2100 6 50221D 01/2146 02/15 02/21 7727 Jan Copy Charges 267.48 *001-4090-2200 6 50221D 02/2146 02/15 02/21 7727 Jan Xerox Base Maint Chrg 281.00 TOTAL DUE VENDOR --------) 548.48 Int'1 Business Equipment InBusEquip *001-4090-2100 8 50221D 01/2146 02/15 02/21 8050 Feb Copy Charges 368.32 *001-4090-2200 8 50221D 42/2146 02/15 02/21 8050 Feb -Xerox Base Maint Chrg 281.00 TOTAL DUE VENDOR --------> 649.32 John Alden G.T. JohnAlden *001-4010-0090 2 50221D 02/15 02/21 MarchInsPrems-CmbrMiller 470.00 TOTAL DUE VENDOR --------) 470.00 Kratzat, Liane 1473 *001-3478 11 50221D 02/15 02/21 13314 Recreation Refund 27.00 TOTAL DUE VENDOR --------) 27.00 L.A. County -Sheriff's Dep LACSheriff *001-4411-5404 3 50221D 02/15 02/21 31821 DUI Enforcemnt Svcs -Dec 3,285.55 *001-4411-5401 3 50221D 02/15 02/21 31846 Dec -Helicopter Svs 9.87 TOTAL DUE VENDOR --------) 3,295.42 L.A.County Public Warks LACPubWk *001-4331-5300 4 50221D 01/2039A 02/15 02/21 9505316 Dec Sump Pump Maint-SycCy 83.28 TOTAL DUE VENDOR --------) 83.28 LA Cellular Telephone LACellular *401-4030-2125 1 50MD 02/15 02/21 Cellular Svcs-CMgr 43.01 *001-4030-2125 2 502211) 02/15 02/21 Cellular Svcs-CMgr 54.11 *001-4090-2125 6 50221D 02/15 02/21 Cellular Svcs-GenGovt 38.49 *001-4440-2125 2 50221D 02/15 02/21 Cellular Svcs-EmerPrep 33.63 TOTAL DUE VENDOR --------) 169.24 *** Citof Diaeond Bar *** RUN TIME: 161602/16/95 VOy U C H E R REGISTER PAGE 8 DUE THRU.............02/21/95 VENDOR NAME VENDOR ID. PREPAID $ +� ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/M INVOICE DESCRIPTION AMOUNT DATE CHECK -------------------------------------------------------------------------------------------------------------- LA County Registar LACRecordr x001-4040-2390 2 50221D 01/2623 Landscape West LandscapeW *001-4558-5508 2 502210 01/2123 Laverne, City of LaverneCit *001-4411-5405 7 50221D Leighton and Associates Leighton *001-2300-1012 6 50221D *001-2300-1012 7 50221D *001-2300-1012 8 50221D Lewis Engraving Inc. LewisEngra *001-4095-1200 7 50221D 01/2497 Linscott,Law X Greenspan Linscott *001-2300-1010 15 502210 ' 02/15 02/21 256-K 02/15 02/21 15038 02/15 02/21 02/15 02/21 83280 02/15 02/21 83608 02/15 02/21 84945 02/15 02/21 17734 02/15 02/21 1 Locke, Canny 1470 *001-3478 14 50221D 02/15 02/21 13319 Los Angeles County LACIntSvc *001-4090-2130 7 50221D 01/21294 02/15 02/21 521 Los Angeles County LACLibrary *001-4355-5300 1 50221E 02/15 02/15 CtyGenMuniciplElectn 30,499.91 TOTAL DUE VENDOR --------) 30,499.91 Jan-WeesAbate/SidwlkMaint 4,561.84 TOTAL DUE VENDOR --------) 4,561.84 DecPrkgCitesHrgProcessing 28.00 TOTAL DUE VENDOR --------) 28.00 Soils Review -EN 93-046 140.50 Soils Review -EN 93-046 76.00 Geotech Rvw-EN93-013 51.50 TOTAL DUE VENDOR --------) 268.00 Tile Engrv-Schey/Esposito 34.64 TOTAL DUE VENDOR --------) 34.64 Engr5vcs-FPL 94-22 2,974.50 TOTAL DUE VENDOR --------) 2,974.50 Recreation Refund 52.00 TOTAL DUE VENDOR --------) 52.00 Dec -Pager Svcs 120.51 TOTAL DE VENDOR --------! 120.51 July -Oct 94 Library Svcs 52,500.00 TOTAL DUE VENDOR --------> 52,500.00 t*� tof Diaeond Bar *#* RUM TIME: 16:16 02/16/95 Ciy V O U C H E R R E G I S T E R PAGE 9 DUE THRU.............02/21/95 VENDOR NAME VENDOR ID. * + PREPAID ACCOUNT PRDJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------ Love, Becky 1465 *001-3478 13 502210 WAX MMASC *001-4030-2325 3 50221A Martin & Chapman Co. Martin&Cha *OOi-4040-2320 2 50221D 01/2392 Maymard, Gayle *001-3478 *001-3478 Mello, Lorry *001-3478 Meyer, David *001-4210-4100 1462 16 50221D 17 50221D 1469 15 50221D MyerD 2 50221E 02/15 02/21 13533 02/15 02/21 02;15 02/21 95069 02/15 02/21 13489 02/15 02/21 13489 02/15 02/21 13326 02/15 02/21 Montgomery, Michael MMontgoaer TOTAL DUE VENDOR --------) 27.00 *001-2110-1008 9 50221E 02/15 02/21 *001-4020-4020 2 50221E 01/2062 02/15 02/21 *001-4020-4021 2 50221E 02/2062 02/15 02/21 *001-4020-4021 4 50221E 02/2062 02/15 02/21 *001-4020-4021 6 50221E 02/2062 02/15 02/21 Nelson, Susan 1472 *001-3478 19 502211) 02/15 02/21 13378 Recreation Refund 27.00 TOTAL DUE VENDOR --------) 27.00 2/15-InfoSuperHwy-Butzlaf 12.00 02/21/95 00001125765 TOTAL PREPAID AMOUNT ----> 12.00 TOTAL DUE VENDOR --------> 0.00 1995 Election Supplies 98.10 TOTAL DUE VENDOR --------) 98.10 Recreation Refund 31.00 Recreation Refund 4640 TOTAL DUE VENDOR --------) 77.00 Recreation Refund 31.00 TOTAL DUE VENDOR --------) 31.00 P1ngComWitgs-11/14-12/12 120.00 TOTAL DUE VENDOR --------) 120.00 Jan Retire Contrib 684.32 - Jan -Legal Services 5,000.00 Jan Svcs -Days Inn 187.50 Jan Svcs -Oak Tree Lanes 1,000.00 Jan Svcs - City Logo 312.50 TOTAL DUE VENOM --------) 5,815.68 Recreation Refund 40.00 TOTAL DUE VENDOR --------) 40.00 t}{ Citof Diamond Bar +�* RUN TIME: 16:16 02/16/95 V O y U C H E R R E G I S T E R PAGE 10 DUE THRU.............02/21/95 VENDOR NAPE VENDOR ID. * * PREPAID ACCOUNT PRDJ.TX-NO BATCH PO.LINE/ND. ENTRY/DUE INVOICE DESCRIPTION AMBIT DATE CHECK ----------------------------------------------------------------------------------------------------------------- Ohanesian, Paula 1474 *001-3478 18 50221D 02/15 02/21 13417 Recreation Refund 27.00 TOTAL DUE VENDOR --------) 27.00 PERS Health Benefits PERSHealth *001-2110-1005 2 50721A 02/15 02/21 Feb -Health Press 10,424.25 02/21/95 0000025761 *001-4090-0093 1 50221A 02/15 02/21 Feb -Admin Fees 49.68 02/21/95 0000025761 TOTAL PREPAID AMOUNT ----) 10,473.93 TOTAL DUE VENDOR --------) 0.00 Payroll Transfer *401-1020 PayrollTr 3 50221E 02/15 02/21 Payroll Transfer PP3 49,000.00 02/21/95 0000000003 TOTAL PREPAID AMOUNT ----) 49,000.00 TOTAL DUE VENDOR --------) 0.00 Pitney Bowes Credit -Corp. PBCC *001-4090-2130 9 50221D 01/2343C 02/15 02/21 1444744 Feb/Mar-EquipRent-Fldr 99.59 TOTAL DUE VENDOR --------) 99.59 Pomona Valley Humane Soc. PVNS 0)1-4431-5403 4 50221D 01/1949 02/15 02/21 Feb -Animal Contrl Svcs 4,514.09 TOTAL DUE VENDOR --------) 4,514.09 PostNet and Printing PostNet *001-4350-1200 10 50221D 01/2481 02/15 02/21 950023 BusCards-TinyTots 41.33 TOTAL ME VENDOR --------) 41.33 Postage By Phone PostByPhon Q01-4090-2120 4 502210 02/15 02/21 Postage Replenishment 1,500.00 TOTAL DUE VENDOR --------) 1,500.00 Public Empl Retirement PERS *001-2110-1008 6 50221D 02/15 02/21 Retire Cantrib-PP3 Emplyr 3,043.07 *001-2110-1008 7 50221D 02/15 02/21 Retire Contrib-PP3 Emplye 3,378.49 *001-2110-1008 8 50221D 02/15 02/21 Montgmry Retire Cant-PP3 684.32 TOTAL DUE VENDOR --------) 7,105.88 Public Financial *001-4010-2325 PubFinance 6 50221A 02/15 02/21 2/10-InvPubFunds-Ansari 20.00 02/21/95 0000025763 *001-4050-2325 1 50221A 02/15 02/21 2/10-InvPubFunds-Magnuson 20.00 02/21/95 0000025763 TOTAL PREPAID AMOUNT ----) 40.00 TOTAL DUE VENDOR --------) 0.00 ### of Diamond Bar *+� RUN TIME: 16:16 02/16/95 City V O U C H E R R E G I S T E R PAGE 11 DUE THRU.............02/21/95 VENDOR NAME VENDOR ID. t # PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DLIE INVOICE DESCRIPTION AMXINT DATE CHECK: ---------------------------------------------------------------------------------------------- R.H.F. Inc. RHFInc #001-4411-2200 1 50221E 02/15 02/21 Repair/CalibrateRadarLInit 93.75 TOTAL DUE VENDOR --------) 93.75 RJM Design RJMDesign #250-4310-6415 06695 8 50221E 01/2391 02/15 02/21 11160 Plans-MpleHilADARetroFit 8,075.00 TOTAL DUE VENDOR --------) 8,075.00 Repro Graphics ReproGraph Wil -4090-2110 7 50221E 01/2557 02/15 02/15 7133 PrtgSvcs-BusCards 394.69 TOTAL DUE VENDOR --------) 394.69 Ritz Camera Ritz Carver #001-4095-2110 1 50221E 01/22250 02/15 02/21 1101542 PhotoDvlpmntSpringNMsletr 25.47 TOTAL DUE VENDOR --------) 25.47 San Gabriel Valley #001-4551-2325 SGVEA 1 50221A 02/15 02/21 2/15 -Gen Mtg-Lui 15.00 02/21/95 0000025767 TOTAL PREPAID AIWNT ----) 15.00 TOTAL DUE VENDOR --------- ) 0.00 San Gabriel Vly Tribune SGVTribune #001-4040-2115 10 50221E 01/2132B 02/15 02/21 04169 PubNot-94FinancialRepart 22.40 #001-4040-2115 12 50221E 0112132B 02/15 02/21 14558 PubNot-BioTrffcSignals 60.12 TOTAL DUE VENDOR --------) 82.52 Schad, Don SchadD *W1-4210-4100 4 50221E 02/15 02/21 PingCammMtgs-11/14-12/12 120.00 TOTAL DUE VENDOR --------) 120.00 Sheriff's Relief Assoc SheriffEmp #001-4010-1200 1 50221E 02/15 02/21 BadgesPapen,Werner,Harmny 30.27 TOTAL DLE VENDOR --------) 30.27 Smart & Final Smar t&Finl #001-4350-1200 12 50221E 01/2069 02/15 02/21 2144087 OperatingSuppl-Recreation 78.49 TOTAL DIE VENDOR --------) 78.49 ttt City of Diamond Bar +*+ RUNTIME: 16:1602/16/95 VOUCHER REGISTER DUE THRU.............02/21/95 PARE 12 VENDOR NAME VENDOR ID. * t PREPAID * t ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AIWT DATE CHECK. --------------------------------------------------------------------------------------------------------------------------- So Ca Assn of Governments SCAG *001-4010-2330 2 50221E Southern Ca. Edison SoCaEdison *001-4311-2126 2 50221E t001-4313-2126 3 50221E *001-4316-2126 2 50221E *001-4319-2126 2 50221E *001-4322-2126 2 50221E t001-4328-2126 2 50221E *001-4331-2126 2 50221E Southern Ca. Edison SoCaEdison *001-4510-2126 2 50221E *141-4541-2126 2 50221E 02/15 02/21 GenAssem 3/2-3-Hrmny,Papn 120.00 +001-4510-2126 TOTAL DUE VENDOR --------) 120.00 02/15 02/21 Elect Svcs -Paul Grow 35.70 02/15 02/21 Elect Svcs -Heritage Prk 1,011.80 02/15 02/21 Elect Svcs -Maple Hill 269.49 ' 02/15 02/21 Elect Svcs -Peterson 62.91 02/15 02/21 Elect Svcs -Ron Reagan 460.27 02/15 02/21 Elect Svcs-Summitridge 182.63 02/15 02/21 Elect Svcs -Sycamore Cyn 422.10 SportPins TOTAL DUE VENDOR --------) 2,444.90 02/15 02/21 Elect Svcs-Trffc Control 483.93 02/15 02/21 Elect Svcs -Dist 41 152.11 . TOTAL DUE VENDOR --------) 901.98 TOTAL DUE VENDOR --------) 636.04 Southern Ca. Edison SoCaEdison +001-4325-2126 2 50221E 02/15 02/21 *001-4510-2126 3 50221E 02/15 02/21 *138-4538-2126 3 50221E 02/15 02/21 *141-4541-2126 3 50221E 02/15 02/21 Elect Svcs-Starshine Prk 18.19 Elect Svcs-Trffc Control 891.67 Elect Svcs -Dist 38 349.17 Elect Svcs -Dist 41 17.64 TOTAL DUE yENDOR --------) 1,276.67 Southern Ca. Edison SoCaEdison +001-4510-2126 4 50221E 02/15 02/21 Elect Svcs-Trffc Control 253.41 +139-4539-2126 2 50221E 02/15 02/21 Elect Svcs -Dist 39 504.03 TOTAL DUE VENDOR --------) 757.44 Southern Ca. Edison SoCaEdison *001-4510-2126 5 50221E 02/15 02/21 Elect Svcs -Traffic Contrl 2,910.50 TOTAL DUE VENDOR --------) 2,910.50 Sport Pins SportPins *001-4095-1200 9 50221E 01/2572 02/15 02/15 24200 Supplies -City Pins 901.98 TOTAL DUE VENDOR --------) 901.98 +++ City of Diamond Bar +++ RUN TIME: 16:16 02/16/95 V 0 U C H E R R E G I S T E R PAGE 13 DUE THRU.............02/21/95 VENDOR NAME VENDOR ID. + + PREPAID + + ACCOUNT PROJ.TX-N0 BATCH PO.LINE/NO. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK TEAC America Inc.. TEACAmeric +001-4090-2205 6 50221E 01/2408 02/15 02/21 V715M Repair -Hard Drives 35.58 TOTAL DUE VENDOR --------) 35.58 Towne Center Travel TowneCente +001-4030-2330 6 50221E 02/15 02/21 Mtg 2/22-24-Butzlaff 239.00 TOTAL. DUE VENDOR --------) 239.00 Usher, Frank UsherF +001-4030-2330 5 50221A 02/15 02/21 TrvlAdvance-League2/22-24 100.00 02/21/95 0000025766 TOTAL PREPAID AMOM ----) 100.00 TOTAL DUE VENDOR --------) 0.00 Walnut Valley Unified WVUSD +001-4350-2140 4 50221E 01/2054 02/15 02/21 FacilityRent-Summr/Sprg94 31,888.25 TOTAL DILE VENDOR --------) 31,888.25 Walnut Vly Water Dist WVWaterDis +138-4538-2126 4 50221E 02/15 02/21 Water Usage -Dist 38 15.00 TOTAL DUE VENDOR --------) 15.00 Walnut Vly Water Dist WVWaterDis +138-4538-2126 5 50221E 02/15 02/21 Water Usage -Dist 38 403.13 TOTAL DUE VENDOR - ------- ) 403.13 Wang, Shwuling 1477 +001-3478 20 50221E 02/15 02/21 13427 Recreation Svcs 35.00 TOTAL DUE VENDOR --------) 35.00 Wright, Paul WrightP +001-4090-4000 6 50221E 01/2475 02/15 02/21 Aud/VisSvcs-GPIs 1/31-2/6 240.00 +001-4090-4000 8 50221E 01/2475 02/15 02/21 Audis Svcs-CCncl 2/7 180.00 TOTAL DUE VENDOR --------) 420.00 Yosemite Waters YosemWater +001-4310-1200 8 50221E 02/2021A 02/15 02/21 2.42841 Water-Syc Cyn Prk 7.25 TOTAL DUE VENDOR --------) 7.25 *4* City of Diamond Bar * * * RUN TIME: 16:16 02/16/95 V 0 U C H E R R E G I S T E R PAGE 14 DUE THRU.............02/21/95 VENDOR NAME VENDOR ID. * } PREPAID ACCMW PROJ.TX-ND BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOLNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ TOTAL PREPAID -----------) 61,937.83 TOTAL DUE ---------------) 227,811.55 TOTAL REPORT ------------) 289,749.38 tis City of Diamond Bar RUN TIME: 16:16 02/16/95 V O U C H E R R E G I S T E R PAGE 1 FUND SUMMARY REPORT DUE THRU.............02/21/95 TOTAL------------------------------------------------------------------------------------------------ ALL FUNDS 289,749.38 71,320.06 505.50 217,923.82 DISBURSE G/L GJE MILL POST GJE HAS POSTED FUTURE TRANSACTIONS FUND ------------------------------------------------------------------------------------------------------------------------------------ TOTAL DIRECT PAY REVENUE EXPENSE REVERIE EXPENSE REVENUE EXPENSE 001 General Fund 270,203.51 71,320.06 505.50 198,377.95 138 LLAD #38 Fund 2,483.76 2,483.76 139 LLAD #39 Fund 1,156.74 1,156.74 115 Int Waste Mgmt F 4,968.00 4,968.00 250 G.I.P. Fund 8,153.75 8,153.75 125 CDBG Fund 2,592.87 2,592.87 225 Grand Av Const F 21.00 21.00 141 LLAD #41 Fund 169.75 169.75 TOTAL------------------------------------------------------------------------------------------------ ALL FUNDS 289,749.38 71,320.06 505.50 217,923.82 ///////// �CARL WARREN & CO. C i y C 0111// Insurance Ad;uscers Claims M1lanagement and .Xdmimsrranun 95 FEB 2 PM 2: 05 750 1 he (in Driec Sunc 4011 Oran IIC. ( AQ2 /]6i Mail NI Box 25180 sante Ana. CA 92799-51811 1714 740-7999 00r 572-6900 I -AX 714)740-7992 TO: City of Diamond Bar January 31, 1995 ATTENTION: LYnda Burgess, CMC/AAE, City Clerk RE: Claim Goode V. Diamond Bar Claimant Edward Wayne Goode D/Event 01/19/95 Recd Y/Office 01/25/95 Our File S 82019 ABK We have reviewed the above captioned claim and request that you take the action indicated below: [YY] CLAIN REJECTION: sena a standard rejection latter 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 A "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 andxthat 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 IN YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code Section 911.4 [ ] APPLICATION 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. Very truly yours, C & COMPANY Dwigh J., Ku cc: SCJPIA w/enc. TO PERSON OP. PROPERTY INSTRUCTIONS I. Claims for death, injury to person or to personal property must be filed not later than 6 rhos. after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later 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 locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. 7. Claim must be filed with City Clerk. (Gov. Code Sec. 915a) To: The City of Diamond Bar Name of Claimant Home Address of Claimant City and State Business Address of Claimant City and State /s- Cir `l LAS �.A✓d AVS SA.crf.4 F&'l' -14 Give address to which you desire notices or communications to be sent regarding this claire: S//4 C:,.AIVM No. S5 J"k111 25 Psi 2: 38 Age of Claimant (if natural person) 57 Home Telephone Number 47,99 - Se / —7s9 Business Telephone Number now ara 1JAMAUE or INJURY occur? Give full particulars. / V tt , e ! / NC/ /(,� 4,4 O AS igr eA Cil N s/ o.v A,, Ad `l X e/',G T/� C NG /i C -OA-) q�u�� Titi c c Tl a .v �9ed/�d / it�J Amo LYA/ti✓,��y �;tq "A'e-e �Qcd �o�� Lu/i� /� / /Re A.vd lv /C rLe L �A�'r � �i.N9 /�v�•7"iC /�e`/e,va� R @�p�/ !� // When did DAMAGE or INJURY occur? Give full particulars, date, time of day: T�i/i u,e ..r,4A-� eq- ,5?oRx 4A-,1 Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give street names and addresses and measurements from landmarks: 9Nd ow 'What particular ACT or OMISSION do you claim caused the injury or damage?'Give names of City employees causing the injury or damage, if known: j cep To No m6av,'wyt e- ✓ f 12! �► , S W ,4 5 Al u �v p ie fi� c 7"e d COBS �1P UG t, o N UA9-t' � d 0 „t.. r , n cr do you claim resulted? Give full extent of injuries or damages claimed: jU/o w,A) Nuo 712 e leo r<e N !rt ee= t «'fiat A MOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of computation: Aeo--2 � •_ lip/Rc� 7Am,ay� tc�it,� � 40 -- %C TA L• W 11"A1.sle_4 RV y rIA,a �rf�.yf,Ld tc-t,e,s ,.rhoe%.t,r 0;,.-e ES 1IMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of computation: SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE nsurance payments received, if any, na-::es of :nsu:ance Ccm pang; Expenditures made on account of accident or :n;ury /Y If -o �+4 7;e �uate — item) Name and address of Wanesses, Doctors and Hospitals: READ CAREFULLY For all accident claims place on following dicgram names of streets, including North, East, South, and West; indicate place of accident by "Y" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when VOL first saw it, and by ' R^ ; cc•; -n c` .. or your vehicle when you first saw Citi, vehicle; location of City vehicle at time of accident by "A-1" and location of yourseZor1y 11r vehicle at the time of the accident by "B-1" and the point of impact by "�{,' NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS 7 FOR OTHER ACCIDENTS U LK Signature of CIaimant or person filing on his behalf giv relatiorns,Up to Claiing mant: I 'Typed Name: = G `1C ST BE FITyD 'w7Tht CITY CLERK (GOV. CODE SEC. 915a). Date N9wi0 s S o i e 1p el m W11 Ia e p e oW W t� eM 9Ny `s �:at��'roff1e+oA :4 - av Fwo lc'ula�+a�1�y;3�A�SiL 1 M1'� a�4>,�rraYN�ltt 11-+(t OE,p 3, i::'. f>� }uo • ' �.'��u^O '3�,'1 „wpi aasri' A;1 ana o .�a,a 3 r ol a . y t f.- ' ♦ ail' 1 31µ'F .,r a. 06 0A 06 �yoy .dti,lbC'� i TT*) F-11114. ;11J ;� � v,'•. Sir �5 :.,.y4 +�{ �a 7ol�981212046521 Sy}S t 1 _} .;, .:.. rr::'vy;%�'`� .rfi. n •\ S% S 74. OR W., ., BVI .CY PP l .._�,._. r C1lSTf7MEa f:UM�A! �f . ... _.—..•�-.» ._._.,-...__ INRIAL STDRE'ADDRESS ME ° IC °- FMW ESTIMATE REFERENCE NUMREF, AUTHORIZATION VOTOR VEHICLE REPA'R NO. WE ; 4 to `iPd.r-Tom ..i LIQ 0�:Vll:Cls. YIA'Ih: b:*:Pwlftd at Voeft SII AX• Iam of Ow..p,.u...+w - QM10mM Irmo Y. � A 1�trN hlp 1MyM I{p tMMinNM Ds T .._. /o d:alllf ffi t1I/N LtQ Wlbda/y. O ustorw Irma . - - - - u - < � � •fit• ' fi REMARKS `. a, � as F' � INOW►1 �•: �,. s � a, tt .,k r � Iran � y1 E u �` i M r4' ` y ` • � t kir , - .. - rye• • tl'•hy4 ..-.. : •:. .ten _.a. ..,. _ r:.^.•y�iipyr�,<la.rK.in_. i$1G•w....a ill .. �C W. AEWZ CARL WARREN & CO. Insurance Adiusters Claims Administrators PO. Box 25180 Santa Ana, CA 92799.5180 (714) 740-7999 FAX: (714) 740-7992 TO: City of Diamond Bar Attention: Lynda Burgess, City Clerk S,3',-, 06 Date: January 25, 1995 Re: Claim: Claimant: Ins. Co. of N. America/Carrara Marble Co. D/Event : 7-17-94 Rec'd Y/Office: 9-13-94 Our File: S-79975--PRK We have reviewed the above captioned claim and request that you take th action indicated below: CLAIM REJECTION: Send a standard rejection letter to the claimant. j� CLAIM INSUFFICIENCY: In accordance with the telephone conversation of , 19 , 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 A "REJECTION" LETTER. See Government Code Sections 910 and/or 910.2 and or 910.4. Cj AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to the claimant, refecting 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 IN YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code Section 911.4. [� APPLICATION 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 Very truly yours, CARL NY (Add ster) Patty Ramos/ib September 9, 1994 City of Diamond Bar Attn: City Clerk 21660 East Copley Drive #100 Diamond Bar, CA 91765 RE: PP�. � � 11� �✓ iw i V fa :J CIGNA Pro 94 SEP 13 Ptt, 1: 4 8 & Casualty PertY Claim Number: 340A123973-3 Insured: Carrara Marble Company Date of Accident: 7-17-94 Gentlemen: 21860 Burbank Boulevard Suite #200 P.O. Box 3500 Woodland Hills, CA 91367 Telephone 818.712.6200 This letter is to serve as notice of a claim as required under Government Code Section 910. I. Name and Address of Claimant: 1.) Insurance Company of North America as subrogee for Carrara Marble Company P.O. Box 3500 Woodland Hills, CA 91365 2.) Duane Leventry c/o Law Offices of Eugene Osko 223 East Rowland Street Covina, California 91723-3147 3.) Richard F. Sagamang Jr. 1403 St. Vladimir Glendora, CA 91741 (potential) 4.)Renee Darlene Miletta 288 W. 19th Street Upland, CA 91784 (potential) 5.) Shelly Cordova 23501 Mirage Lane Diamond Bar, CA 91765 (potential) II. Address to Which Notices Should Be Sent: Insurance Company of North America P.O. Box 3500 Woodland Hills, CA 91365 Re: File No. 340A123973-3 Attn: Abby Padron III. Date and Place of Accident: July 17,1994 Diamond Bar Blvd., 1036 feet south of Gold Rush Dr. IV. General Description of Nature of Loss: 1988 Acura Legend driven by Shelley Diane Cordova fishtailed and rolled over. Cause of accident was malfunction of a city owned sprinkler which sprayed water onto the windshield and flooded the street. VI. Amount Claimed: 1.) Insurance Company of North America $8923.55 all others -unknown at this time If your office requires presentation of a claim on a special form, please supply the appropriate form. We shall await your timely response. Sincerely, fivrla� Abby Padron Insurance Company of North America (818) 712-6208 Z/00/ CARL e WARREN & CO. surance Adjusters Ciaims Management and Administration 750 The Onv Drive Swrc 400 Orange. CA 92668 Niail. P.O- Rnx 25180 Santa Ana, CA 92799-5 130 (714�740-7999 (800)572-6900 FAX: (714) 740-7992 TO: City of Diamond Bar r t1`4di r c:U 0177 c!,, ,K 95 FEB 14 PM 1: 0 7 ATTENTION: Tommmye Cribbins, Deputy City Clerk February 10, 1995 RE•• Claim Melton v. Diamond Bar Claimant Meredith M. Melton D/Event 01/08/95 Recd Y/Office 01/25/95 Our File S 82054 ABK We have reviewed the above captioned claim and request that you take the action indicated below: [ZZ] CLAIM REJBCTION9 Send a standard rejection letter to the claimant. [ rr,ATM 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 A -"EMACTION 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 IN YOUR OFFICE. DO NOT SEW A "R k'i`ION" LETTER. See Government Code Section 911.4 [ ] APPLICATION 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. Very t my yours, C ANY g tX. Kun cc: SCJPIA w/enc. %. —° , , r , v t - 1-t, v /-1 J TO PERSON OR PROPERTY INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be flied not later than 6 mas. after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later 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 locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. 7. Claim must be filed with City Clerk. (Gov. Code Sec. 915a) To: The City of Diamond Bar Name of Claimant (Owner) Meredith M. Melton (Driver) Leslie D. Str.allm Home Address of Claimant City and State 015-2 Shannon Ct. Diamond Bar, Ca. 9176 Business Address of Claimant City and Stale 2777 S. Diamond Bar Blvd Diamond Bar, Ca 9176 G: _ address to .rash ycu desire nvucos �c wauliunications to be sent regarding this claim: CLAIM Age of Claimant (if natural person) 19 Home Telephone Number 909-861-6488 Business Telephone Number 909-598-0021 2015-2 Shannon Ct. Diamond Bar, Ca. 91765 How did DAMAGE or INJURY occur? Give full particulars. Driving north on Diamond Bar Blvd. at 6:15 P.M. on January 8, 1995 in right lane, struck pothole app. 24" lonf by 18" wide. The driving conditions were dark, wet and raining. Driving speed was at 30 mph oe less. VV nen did DAMAGE or INJURY occur? Give full particulars, date, time of day: January 8, 1995 at 6:15 P.M. Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give street names and addresses and measurements from landmarks: App. 2/10 mile south of Mountain Laurel St. Right lane of north bound side of street, the side that was in the process of being repaved. The pothole was located in the right tire path of the right lane. 'What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or damage, if known: Pothole occured during repaving of the right lane of Diamond Bar Blvd, North bound side of the street. W at DAMAGE cr INJURIES do you claim resulted? Give full extent of injuries or damages claimed: Damaged rim beyond repair (see Attached photo and repair order),puntured side wall of tire, knocked alignement out of car. What AJfOUNT do you cla::n on account of each item of injury or damage as of date of presentation of this claim, giving basis of computation: 439.97 Parts and Labor 21.86 Tax 461.83 Total Gine ESTIMATED AIMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of computation: see above SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Ins•.rance payments received, if any a:_ .a :. s vI i .s,ranee Company: Expenditures made on account of accident , r :^;ury: (Date — Item) (Aniount) Used Alumimum wheel -195.00 Balance labor 5.00 Alignement 165.99 New tiro 69.99 Balance parts 3.99 Tax 21.86 dame and address of Witnesses, Doctors ar.d Hospitals: Darline Sacquety 3267 White Cloud Ct. Chino Hills, Ca. 91709 909-627-1899 READ CAREFULLY For all accident claims place on follo-wing dizgram names of streets, including :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 when 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 signed by claimant. FOR AUTOMOBILE ACCIDENTS CUR& -y �'; CAI FOR OTHER ACCIDENTS SIDEWALK C> J �Jv '1h�� s f';T'� o CURB --x Signature of Claimant or person filing on his behalf wing Typed Name: Date r ationsr o Claimant:A P Leslie D. Strahm 1/23/95 G L ^5 i'L7Sr BE F IT1 ED, YTITH CITY CIc K (GOV. CDDE SEC. 915a) . -FIRESTONE STORES CR o,-c(l((o 1150 S0. GRAND AVE. DIAMOND BAR, CA 9176f 7168 025984 � - / S7>�< A qua OAk ffKatk C' Rn�I�4 , use d�a� e�'�G�e due-ra at ?�ej 0_�' - f - fl"- mlirai m -mom" V V cc m D ` r m V Azo;Z "�O O Z ti V I (�///�� ji,1 ZC T Z O A `C0 A S NA p C C A -_0 �2 N m➢�� _ c c m A O u —✓1� l`1S ; PO Am30-INCH � - z m C � C � ICi Q ySanQ 'DDOA -f m n D =N rn2 D < 0—Vr n m _ Z m=zn •^ J Gl) T � < < m rn < 30 m N v V A 3 rnCNLAI n mo- a >t2 `/ems`f o D Z T m rF Zrn y * p H o ' MoD TV, Z 70 m `r F —, _ro Z a� n n a 7 N M i t m N i n '�n �_n Z(., loo n D m m --o � Z J Z pi+ p� � A Q ^ ' J Z `^ O N ri O X — �`` ; " o Fri r� .1r�r—a-4mx \y ` _ r.. l�'-1 Z 3 �1Z �p < n:a 0� N 3 �, ra m r' T Zoo -v Z � 12 Pi CIO L (/1 x r N .J c.n e. 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I ► , I ..... `- - ------4 - --1----------------'. Camber Caster Toe SAI Included Angle Turning Angle Diff. , I , i --------j'------------- -_ Front- -.. Cross Camber Cross Caster Total Toe Set Back . -------- r -- --T--------, ---- angel ► Actual 4 B ----A --------- 4--M 0� 1.28° 0 1 ° 0.10" ► 0.003 4 -0.33" I -0.10 ► 0.0f2 0 4 0.81* I ----- L----------L--'------1----------------- L ----_• Name Address Telephone Vehicle (VIN#) License Mileage, Technician Time and Date 13:42:46 Specifications Left Front T-------------- -I ► Actual 4 Before I Specified Range{ +--------------- ! -0.35° 4 -0.420 1 -0.800 0.408 1 ► 0.94° 4 0.940 I 0.400 1.900 1 'P-0.03" 0.17" i -0.05" 0.05" ► 4 1 I ►4 ..... ► 4 ..... I ..... .... I ---------------- " er¢Ston¢ Chevrolet 88.92 Beretta w/HD Suspension Right Front-------_--� ! Actual 4 Before I Specified Rangel 1--------- 4------o-+----------°_ ! -9.054 4 -0.03 0.40 1 -0.80° ° 1 ► 1.170 4 1.17° 1 9.400 0.95" 1 ! 0.01" 4 0.15" 1 -0.05" 1 `----- ---1'---- ---1----------------' Camber Caster Toe SAI Included Angle Turning Angle Diff. Front -1------ --- -, ► Actual 4 Before I Specified -Rangel -------� Cross Camber ► -0.300 4 -0.390 1 -1.000 1.000 I Cross Caster ► -0.240 t -0.240 1 -0.700 0.700 I Total Toe ► -0.02" 4 0.31" 1 -0.10" 0.10" Set Back ► 0.710 4 0.730 i----------------, L--------- j-- ------ Acj.j u� )me n t+ Front To (-= dj u s t : Elo gc_iLe lower hole. Pu_sh_or pull �_,�ahe -r0 specif:icciti� gin, POO 19 OBJIAOV9 view i l lu i 7�ftc r filing a � r f�rc: filing I a i art, t,her pre;- "��:on t i r-�ue " --=�-------------------------------------- CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 6 'TO: 'Terrence L. Belanger, City Manager MEETTNG DATE: February 21, 1995 REPORT DATE: February 13, 1995 FROM: Bob Rose, Community Services Director TITLE: Acceptance of the Parkway 'Trees Planted along Major Boulevards in the City of Diamond Bar. SUMMARY: 'The City Council, at their regular meeting on September 20, 1994, awarded the contract for the planting of trees in the parkways along the major boulevards in Diamond Bar. Green Giant Landscape, the lowest responsive bidder, was awarded the contract for $14,930, plus a contingency in an amount not to exceed $1,500, for a total authorization of $16,430. Two change orders totalling $1,465. were processed by staff to plant 20 additional trees. A total of 169 trees were planted per contract specifications, for a total cost of $16,395. All of the work specified in the contract and change orders has been completed and is ready to be accepted by the City Council. RECOMMENDED ACTION: Staff recommends that the City Council accept the Parkway 'Trees Planted along the major boulevards in Diamond Bar; direct the City Clerk to file and the City Manager to sign, the proper Notice of Completion; and authorize staff to release the retention of $1,640. after 35 days from the filing of the Notice of Completion. LIST OF ATTACHMENTS: X Staff Report Resolution(s) _ Ordinance(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) X Other: Notice of Completion 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? Yes X No What Commission? S. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: RED BY: 7-.-'�� Teri -enc elanger City M er Frank M. Usher Assistant City Manager ' 4V Bob Rose Community Services Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE February 21, 1995 TO Honorable Mayor and Members of the City Council FROM 'Terrance L. Belanger, City Manger SUBJECT Acceptance of the Parkway 'trees Planted Along Major Boulevards in the City of Diamond Bar. ISSUE STATEMENT Shall the City Council accept the Parkway 'Trees planted along the major boulevards in Diamond Bar, and direct the City Clerk to file the proper Notice of Completion, and authorize staff to release the retention of $1,640. after 35 days from the filing of the Notice of Completion? RECOMMENDED ACTION Staff recommends that the City Council accept the Parkway 'Trees planted along the major boulevards in Diamond Bar; direct the City Clerk to file and the City Manager to sign the proper Notice of Completion; and authorize staff to release the retention of $1,640. after 35 days from the filing of the Notice of Completion. FINANCIAL SUMMARY 'notal contract amount authorized by the City Council for the planting of parkway trees is $16,430. 'This includes a contingency of $1,500 should the need for additional trees be determined. Change Order #1 in the amount of $1,315. and Change Order #2 in the amount of $150. were processed by staff after several additional parkway trees were found damaged or missing due to auto accidents or vandalism. Total cost of the Change Orders was $1,465. Total cost of the original bid was $14,930. This brings the total cost of tree planting contract to $16,395, which is within the $16,430 contract amount authorized by the City Council. BACKGROUND/DISCUSSION At its meeting on September 20, 1994, the City Council awarded a contract to Green Giant Landscape to plant trees in the parkways of the major boulevards in Diamond Bar. The contract amount awarded was $14,930, plus a contingency of $1,500 for additional trees, should the need be determined, bringing the total authorized amount of the contract to $16,430. While work on the contract was in progress, staff determined that an additional 20 trees were dead or missing that were not specified in the original contract. In response to this need, staff processed Change Order #1 on November 22, 1994 in the amount of $1,315. for 18 additional trees; and Change Order #2 on February 2, 1995 in the amount of $150. for 2 additional trees. 'The total cost of Change Orders was $1,465. for 20 additional trees. In all 169 trees were planted along the major boulevards in Diamond Bar at a total cost of $16,395. All of the work specified in the contract plus the work specified in the two Change Orders has been complete and is ready to be accepted by the City Council. Progress payments in the amount of $14,755. have been made to the contractor. A retention of 10% of the cost of the contract plus the two Change Orders ($1,640.), the amount prescribed in the contract, is being held by the City. The retention is scheduled to be released to the contractor 35 days after the filing of the Notice of Completion, pending City Council approval. PREPARED BY Bob Rose Community Services Director L r+r 1�I,r,I' a....ri.a i + R3 INL 4EnihtSTrY s ' .,a:, hriEN a6�;�pr✓t� vt41 '� I CITY OF DIAMOND BAR j Na— 21660 E. Copley Dr., #100 Diamond Bar, CA 91765 L' ! SPACE ABOVE THIS {INE FOR RECORDER'S USE NOTICE OF COMPLETION Notice oursuant to Civil Code Section 3093, must be filed within 10 days after ?ompef,,or (See reverse side to, Complete recuirements.) Notice is hereby given lhat- 1 The undersigned is owner or coreorate officer of the owner of the-nterest or estate stated below in the aroperty hereinafter described 2 the full name of the owner is _ City of Diamond Bar 3 The full address of the owner is 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 4- The nature of 'he interest or estate of the owner Is; In fee, (If other than fee. ;In Ne - in fee' and insert. fa' example, -,urchasef uncle, c,mracl Of pu'shase." Gr ' lessee' ) 5, Tie full names and full addresses of all persons, f any, who hold titL with the undersigned as !Pint tenants or as tenants in common are NAMES ADDRESSES 5 A work of improvement on the property hereinafter described was completed on February 10, 199$he work done was: Planting of trees in the Parkways along the major boulevards in 1 The nDame olhe�dBar r'if any. for such work of improvement was rTPa^ ri ant r.andscape___. 9/20/94 (If no contractor for wcrw of improvement as a whole, nsert "vane (Date of Contract) S. The property on which said work of mprcvement was completed is in the city of _Diamond Bar County of Los Angeles State of Califorrla. and Is described as follows: Various trees in the parkway along major boulevards in the City of Diamond Bar per the attac-hPd rider 9. The street address of said property s None if ec street address s peen nfhually assigned. insert "none".) Dated: February 21, 1995 verdiCatmn for Individual Owner un&, Signature of owner or corporate off.cer a ner named in pa^agraph 2 or his age VERIFICATION I, the undersigned, say I am the City Manager of the declarant of the foregoing ('Presioent of', "Manager of 'A partner of', `Owner of', elc.) notice of completion; I have read said notice of completion and know the contents thereof: the same is true of my own knowledge- _ I declare under penalty of perjury that the foregoing is true and correct. Executed on February 17 --19 95 at Diamond Bar . California. (Date of signature.) (City wnere sign 4"- /L- _ V 9rC` 1 (Personal signature of the ,ndividual who is swearin the contents of the notice of completion are true) EXHIBIT "A" Rider to Notice of Completion - Tree Planting in the City of Diamond Bar - Completed 2/10/95 NO. OF LOCATION TREES PLANTED SPECIES Brea Canyon Rd. - Northbound Copper Canyon Drive to Pathfinder Road 2 Carrot Wood Brea Canyon Cut -Off Road - Westbound Fallow Field Drive to Pathfinder Road 12 Jacaranda Pathfinder Road - Eastbound West City Limits to Brea Canyon Road 9 Jacaranda Evergreen Springs Dr. to Diamond Bar Blvd 12 Bronze Loquat Pathfinder Rd. - Westbound Diamond Bar Blvd. to Shaded Wood 13 Bronze Loquat Shaded Wood to West City Limits 1 Jacaranda Peaceful Hills Road - Northbound Starshine Road to Shaded Wood 1 Crape Myrtle -White Diamond Bar Blvd. - Northbound Brea Canyon Road to Sugarpine Place 1 Canary Island Pine Sugarpine Place to Pathfinder Road 1 Crape Myrtle -Red Pathfinder Road to Acacia Hill Road 2 Crape Myrtle -Red Grand Avenue to Clear Creek Canyon Dr. 3 Crape Myrtle -Red SR -60 Freeway to Sunset Crossing Road 2 Canary Island Pine Diamond Bar Blvd. - Southbound Goldrush Dr. to Clear Creek Canyon Drive 2 Canary Island Pine Acacia Hill Road to Silver Hawk Dr. 1 Crape Myrtle -Red Brea Canyon Road - Northbound Pathfinder Road to Golden Springs Dr. 6 Crape Myrtle -Red Lycoming Street to North City Limits 7 Canary Island Pine Washington Street - Eastbound 15 Bronze Loquat Washington Street - Westbound Brea Canyon Road to Cul -de -Sac 4 Bronze Loquat Cul -de -Sac to Brea Canyon Road Brea Canyon Road - Southhound Golden Springs Dr. to Glenbrook Drive 2 Canary Island Pine Umon Avenue - Northbound Golden Springs Drive to SR -60 Freeway 1 Jacaranda Lemon Avenue - Southbound Walnut Ave. to Earlgate Street 6 Red -Flowering Gum SR -60 Freeway to Golden Springs Dr. 3 Jacaranda Golden Springs Dr. - Northbound West City Limits to Lemon Avenue 6 Bronze Loquat Lemon Avenue to Brea Canyon Road 2 Canary Island Pine Copley Drive to Grand Avenue 1 Canary Island Pine Golden Prados Drive to Grand Avenue 2 Canary Island Pine Sylvan Glen Road to Temple Avenue 3 Canary Island Pine Diamond Bar Blvd. to Ballena Drive 10 Crape Myrtle -Red Golden Springs Dr. - Southbound Temple Avenue to Sunset Crossing Road 1 Canary Island Pine Sr -60 Freeway to Ballena Drive 2 Yew Pine Lemon Avenue to West City Limits 9 Bronze Loquat ('rand Avenue - Eastbound Golden Springs Drive to Cahill Place 3 Brisbane Box Diamond Bar Blvd. to Country View Drive 4 Brisbane Box Summit Ridge to East City Limits 1 Brisbane Box Grand Avenue - Westbound Cleghom Drive to Diamond Bar Blvd 3 Brisbane Box Diamond Bar Blvd to Montefino Avenud 1 Brisbane Box Sunset Crossing - Westbound SR -60 Freeway to Cul -de -Sac 10 Pittosporum 4 Crape Myrtle -Red Sunset Crossing Road - Eastbound Cul -De -Sac to SR -60 Freeway 1 Crape Myrtle -Red TOTAL TREES PLANTED 169 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: February 21, 1995 REPORT DATE: February 16, 1995 FROM: Bob Rose, Community Services Director TITLE: Resolutions No. 95 -XX, 95 -XX and 95 -XX of the City Council of the City of Diamond Bar approving the plans and specifications for the landscape and irrigation maintenance of Lighting and Landscape Districts No. 38, 39 and 41, respectively, in said City and authorizing and directing the City Clerk to advertise to receive bids. SUMMARY: The current contracts for the maintenance of Lighting and Landscape Maintenance Districts #38, #39 and #41, respectively, expire on June 30, 1995. Staff has developed plans and specifications for the bidding process to select a contractor to perform the maintenance responsibilities beginning July 1, 1995. Enhancements have been added to the contract specifications that staff believes will better serve the Districts and do so in a more economical manner than the process currently in use. (Summary continued on Page 2) RECOMMENDED ACTION: It is recommended that the City Council adopt Resolutions No. 95 -XX, 95 -XX and 95 -XX approving the plans and specifications for the maintenance of Lighting and Landscape Districts No. 38, 39 and 41, respectively, and authorize and direct the City Clerk to advertise to receive bids. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) -2L Bid Specifications (on file in City Clerk's Office) Ordinance(s) _ Other: Notice of Completion Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been X Yes No reviewed by the City Attorney? 2. Does the report require a majority vote? _ X Yes No 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? Yes X No What Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: EWED BY: Ter&nQCJ-J Belanger City Manager Frank M. Usher 13ob Rose Assistant City Manager Community Services Director Agenda Report Meeting Date: February 21, 1995 Community Services Department page 2 SUMMARY (continued from page 1): These enhancements include: 1. Addition of pest control responsibilities 2. Addition of cleaning of "V" -ditches in natural areas. 3. Addition of annual inspection of backflow devices. Currently, the above maintenance tasks are completed as additional work per the existing maintenance specifications, at an annual cost of about $12,000. It is staff's experience that when such tasks are included as work in the specifications during the bidding process, rather than as additional work after the contract has been awarded, the pricing for the work is much more competitive. CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 21, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrance L. Belanger, City Manger SUBJECT: Resolutions No. 95 -XX, 95 -XX and 95 -XX of the City Council of the City of Diamond Bar approving the plans and specifications for the landscape and irrigation maintenance of Lighting and Landscape Districts No. 38, 39 and 41, respectively, in said City and authorizing and directing the City Clerk to advertise to receive bids. ISSUE STATEMENT: Shall the City Council adopt Resolutions No. 95 -XX, 95 -XX and 95 -XX approving the plans and specifications for the maintenance of Lighting and Landscape Districts No. 38, 39 and 41, respectively, and authorize and direct the City Clerk to advertise to receive bids? RECOMMENDED ACTION: It is recommended that the City Council adopt Resolutions No. 95 -XX, 95 -XX and 95 -XX approving the plans and specifications for the maintenance of Lighting and Landscape Districts No. 38, 39 and 41, respectively, and authorize and direct the City Clerk to advertise to receive bids. FINANCIAL SUMMARY: All costs associated with maintenance of each of the Lighting and Landscape Districts are paid from property tax assessments received for that purpose from the property owners in each of the respective districts. BACKGROUND/DISCUSSION: The current contracts for the maintenance of Lighting and Landscape Maintenance Districts #38, #39 and #41, respectively, expire on June 30, 1995. Staff has developed plans and specifications for the bidding process to select a contractor to perform the maintenance responsibilities beginning July 1, 1995. Enhancements have been added to the contract specifications that staff believes will better serve the Districts and do so in a more economical manner than the process currently in use. These enhancements include: 1. Addition of pest control responsibilities 2. Addition of cleaning of "V" -ditches in natural areas. 3. Addition of annual inspection of backflow devices. Currently, the above maintenance tasks are completed as additional work per the existing maintenance specifications, at an annual cost of about $12,000. It is staff's experience that when such tasks are included as work in the specifications during the bidding process, rather than as additional work after the contract has been awarded, the pricing for the work is much more competitive. All of the tasks described above are required for the health and safety of the residents living in or near the Districts. The term of the contracts included in the specifications is for one year, with an option for the City Council to extend each contract on an annual basis for five (5) additional years. PREPARED BY: Bob Rose Community Services Director S .. � `..'.�/ .era\ - I3 � e/aY j � .�+�lSi �. `� � s; ♦.`1 r �;�ie' 4 r `— 1� sf C U aN:? R• ♦9 a ;s_Y�`—tel t n .,es.. nj�� 2 .• � a IC .�i.;• � I° Esc„ 1s 3%j � _ °:g Aross To 3e tc,144144 t rq •, ' r� .' ,4 t n �� $fid c? q ` - �r�1� w•7 C 17b 66i 5 t " U)est C,' �. t ';• , ` \,: i ,�" • •o •,!rs,� n,_.'�u' : e� r oLE1'c►Dl6r►F� da Rvkvy SQu�i r tZici t •b Dioi�+Kl le D=9-1 Ski � � 9' � *• •� �' a ``\ Area '4 Acr45 SP19 ; =` ," 4 '` -- Gw4 oww: .83 Av-e Al CITY OF DIAMOND BAR STATE OF CALIFORNIA FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 38 THE CITY OF DIAMOND BAR The City Clerk of the City of Diamond Bar, California will receive at her office in the City Hall, in said city, until 10:00a.m., Thursday, March 23, 1995 sealed proposals for the performance of the above described services. A walk through will be conducted on Thursday, March 9, 1995 at 9:00a.m. 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 01PORTANT NOTICE TO BIDDER Notice is hereby given that the City of Diamond Bar is soliciting bids for maintenance services for Lighting and Landscape District 38. A mandato bidders conference and inspection of the areas to be maintained will be held at 9:00a.m. on Thursday, March 9, 1995 at Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California. Bids will be accepted until 10:00a.m. on Thursday, March 23, 1995 at Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California 91765, at which time and place said bids shall be publicly opened, examined and declared. Inquires regarding these specifications can be directed to Bob Rose, Director of Community Services, (909) 396-5694. Upon receipt of this proposal, contact Bob Rose, Director of Community Services, at the City of Diamond Bar with the name of a contact person within your company. Failure to provide the City with this information may result in improper distribution of updated materials regarding the bid documents. The City will not be responsible for information not being distributed to the proper person. SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 38 IN THE CITY OF DIAMOND BAR TABLE OF CONTENTS NOTICE OF INVITING SEALED BID 1 INFORMATION FOR BIDDERS 6 SCHEDULE OF PRICES 12 BIDDER'S PROPOSAL 13 CONTRACTOR'S INDUSTRIAL SAFETY RECORD 15 SUBCONTRACTOR LIST 16 NON -COLLUSION AFFIDAVIT 18 FAITHFUL PERFORMANCE BOND 19 LABOR AND MATERIAL BOND 20 BIDDER'S BOND 21 AGREEMENT 22 SPECIAL PROVISIONS 29 EXHIBIT "A" SP19 EXHIBIT "B" SP20 EXHIBIT "C" SP22 EXHIBIT "D" SP23 RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE LANDSCAPE AND IRRIGATION MAINTENANCE OF LIGHTING AND LANDSCAPE DISTRICT NO. 38 IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to maintain certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the maintenance of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the plans and specifications for the Landscape and Irrigation Maintenance in Landscape and Lighting District No. 38. SECTION 2. That the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: 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 10:00a.m. on Thursday, March 23, 1995 sealed bids or proposals for the Landscape and Irrigation Maintenance in Lighting and Landscape Distirct No. 38 in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for Lighting and Landscape Maintenance Distirct No. 38 in the City of Diamond Bar". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or 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. 2 The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standard, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any 3 work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed at the time of award in accordance with the provisions of the contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. A C-27 license is required. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of $15.00, said $15.00 is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non -reimbursable payment of $5.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 9-3 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). 4 The City of Diamond Bar, California, reserves the right to reject any and all bids. The Engineer's Estimate is: $ 48,000 By order of the City Council of the City of Diamond Bar, California. Dated this day of PASSED, APPROVED AND ADOPTED this MAYOR ATTEST: CITY CLERK 1995. day of , 1995. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1995 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar 5 INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Standard Specifications for Public Works Construction, 1994 Edition. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashiers or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guaranty that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed. 3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid upon, alternative proposals or any other modifications of the bid form which is not specifically called for in the contract documents may result in the owner's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered but a telegraphic modification may be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 6 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall he allow any subcontractor to commence work on this subcontract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer or insurers, satisfactory to and first approved by the City in writing. Certificates of insurance in the amounts required shall be furnished by the contractor to the City prior to the commencement of work. The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Worlanen's Compensation Insurance laws. The contractor shall maintain public liability insurance to protect said contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said contractor and the City against loss from liability imposed by law, for damage to any property, damage insurance shall be maintained by the contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $500,000 for one person injured in the accident and in the amount of not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $500,000 with respect to any property damage aforesaid. The City shall be named a co-insured regardless of fault. The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made 7 under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the Owner a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, . firm, partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. 11. AWARD OF CONTRACT: The City may award the contract to the lowest responsible bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be compared on the basis of the lowest possible cost relative to the alternate or alternates selected and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals. However, the award may be made after said period if the successful bidder has not given the City written notice of the withdrawal of his bid. 12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid, or on the base bid and any alternate or combination of alternates. 13. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. 14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code). Forms for this purpose are furnished with the contract documents. 15. WORKMEN'S COMPENSATION: In accordance with the provisions of Section 3700 EJ of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the Owner the following certificate prior to performing the work under this contract: "I am aware of the provisions of Section 3700 of the Labor code which require compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 16. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the Owner, will be held for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 17. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City on the form agreement provided, and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein .provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be readvertised. 18. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at S4380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 19. FMPL-OYMENT OF APPRENTICES: The contractor, and all subcontractors, shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the contractor and all sub -contractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR). 20. EVIDENCF OF ESPONSIBILITY• 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. 9 21. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. Pursuant to Labor Code Section 1775, the Contractor shall forfeit as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file and available for inspection in the office of the Department of Industrial Relations, Division of Labor Statistics and Research. 22. PERMITS FEES AND LICENSES: The Contractor shall possess a valid License to do business in the City of Diamond Bar prior to the issuance of the first payment made under this contract. 23. NO REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are advised that upon payment of the appropriate purchase price, the set of contract drawings and specifications become the property of the purchaser and are not to be returned to the City of Diamond Bar. 24. AWARD OF CONTRACT: The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. 25. QUANTITIES: The quantity of work for the unit price items to be done under the contract, as noted in the Schedule of Prices, is an estimate and is not to be taken as an expressed or implied statement that the actual quantity of work will correspond to the estimate. The right is reserved by the City of Diamond Bar to increase or decrease or to entirely eliminate items from the work if found desirable or expedient. The Contractor will be allowed no claims for anticipated profits, loss of profits or for any damages of any sort because of any difference between the estimated and actual quantities of work done or for work decreased or eliminated by the City of Diamond Bar. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 26. WITHDRAWAL OF BIDS: The bidder may withdraw his bid at any time prior to the date and hour set for opening of bids upon presentation of a written request to the City's Engineer signed by an authorized representative of the bidder or by the person filing the bid. 27. INVALID PROPOSALS: Proposals submitted by telegraph and those which are not logged in at the office of the City Clerk of the City of Diamond Bar, prior to the date and hour set for receipt of same will not be considered. 10 28. ALTERING PROPOSALS: The wording of the proposals shall not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. Erasures of interlineations in the proposal must be explained or noted over the signature of the bidder. 29. ACCEPTANCE OR REJECTION OF BIDS: The City Council of the City of Diamond Bar reserves the right to accept any bid or reject any or all bids and to waive any informality or defects in bids received as the best interests of the City of Diamond Bar. Proposals in which the bid prices are obviously unbalanced may be rejected. Proposals in which a bid item is left totally blank will be considered as being nonresponsive and automatically rejected. 30. BID PRICES AND AGREEMENT OF FIGURES: If a unit price bid item total amount arrived at by multiplying the unit price times the quantity does not agree with the total amount entered for the item or if the total amount is not entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in a unit price bid item the total amount is entered for the item but not the unit price, the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid on individual items (if called for) do not add up to the total amount shown, the correctly added total of the individual items shall prevail over the total amount. 31. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to time, issue addenda to the contract documents during the period of advertising for bids, for the purpose of clarifying or correcting special provisions, plans or bid proposal. Purchasers of contract documents will be furnished with copies of such addenda, either by first class mail or personal delivery, during the period of advertising. The addenda will be sent to the address the purchaser of the contract documents left with or furnished the City of Diamond Bar at the time the purchase was made. 11 CITY OF DIAMOND BAR SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 38 DESCRIPTION MONTHLY ITEM WITH UNIT MONTHLY PRICE ANNUAL NO. QUANTITY PRICE IN WORDS IN FIGURES AMOUNT 1 Lump Miscellaneous landscaping in Sum Maintenance Distirct No. 38 (See attached Map) TOTAL ANNUAL PRICE (in words) BID SUBMITTED BY COMPANY NAME (in figures) DATE ADDRESS CITY ZIP PHONE (_) SIGNATUE 12 FAX (_) BIDDER'S PROPOSAL FOR THE ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 38 IN THE CITY OF DIAMOND BAR, CALIFORNIA Date 19, To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a copartnership, give the name under which the co -partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any person, firm or corporation. (c) That he has carefully examined familiarized himself with all of the physical solely upon his own knowledge. he location of the proposed work, and has and climatic conditions, and makes this bid (d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith. (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are but estimates, and that the unit prices will apply to the actual quantities whatever they may be. 13 Accompanying this proposal is a certified or cashier's check or bidder's bond, payable to the order of the City of Diamond Bar in the sum of Dollars ($ Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state. It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar, but if this contract is entered into and said bonds are furnished, or if the bid is not accepted then said check shall be returned to the undersigned, or the bidder will be released from the bidder's bond. Address of Bidder City Zip Code 14 Telephone of Bidder Signature of Bidder CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification Bid Date This information must include all construction work undertaken m the State of Califomia by the bidder and any partnership joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into consideration m evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. 5 Calendar Years Prior to Current Year 1991 1992 1993 1994 TOTAL CURRENT YEAR 1. No. of contracts 2. Total dollar amount of contracts (in thousands of $) 3. No. of fatalities 4. No. of lost workday cases 5. No. of lost work day cases involving permanent transfer to another job or termination of employment 6. No. of lost workdays* *The information required for these items is the same as required for column 3 to 6, Code 10, Occupational Injuries, summary - Occupational Injuries and Illnesses of these records, OSSA No. 102. The above information was compiled from the records that are available to me at this time and I declare under perjury that the information is true and accurate within the limitations of these records. Name of Bidder (print) Address City Zip Code 15 Signature State Contractors' Lic. No.& Classification Telephone In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the general contractor's total bid, and the portion of the work which will be done by each subcontractor. Name under which Sub- License Address of Office Specific Description of Contractor is licensed Number Mill or Shop Sub -Contract work & portion of the work If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.) Dated Bidder Signature Signature 16 Accompanying this proposal is (Insert "$ 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). Bid price indicated refers to all items illustrated on plans and details, and delineated within specifications installed and completely in place in accordance with all applicable portions of the construction documents and include all costs connected with such items including, but not necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for Contractor. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) SIGNATURE DATE ADDRESS CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. - CLASSIFICATION - EXPIRATION DATE I declare under penalty of perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 7028.15. CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER 17 NONCOLLUSION AFFIDAVIT State of California ) �&*j County of Los Angeles ) being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any other bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bids are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) Subscribed and sworn to before me this day of Notary Public in and for the County of Los Angeles, State of California My Commission expires , 1995. 18 1995. FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of ($ Dollars lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the contract is hereby waived by such Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1995. PRINCIPAL SURETY Ml (SEAL) IM 19 (SEAL) LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, AND as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, hereinafter referred to as the "City", in the sum of DOLLARS ($ lawful money of the United States of America, for the payment. of which sum, to be made, we bind ourselves, jointly and several firmly by these presents. CALIFORNIA will and truly THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed contract with said City for construction of the work under the City's specification entitled and is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if said Contractor in said contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of . 1995. PRINCIPAL SURETY BY: By: (SEAL) (SEAL) 20 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as principal, and as surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on Thursday, March 23, 1995 for the Annual Landscape Maintenance for Lighting & Landscape Maintenance Distirct No. 38 in the City of Diamond Bar. NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A. D., 1995. (seal) (seal) (seal) (seal) PRINCIPAL (seal) SURETY (seal) ADDRESS NOTE: Signatures of those executing for the surety must be properly acknowledged. 21 KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Annual Landscape Maintenance for Lighting & Landscape Maintenance Distirct No. 38 in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Annual Landscape Maintenance for Lighting & Landscape Maintenance Distirct No. 38 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. 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days, 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 22 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. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 23 6) Automobile - Prvperty Damagc $250,000 caWi MA-Mccu.. 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 insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in 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 24 such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the 25 Administrator of Apprenacesnip, 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 LIABILITYs The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor or his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the 26 Contractor hereunder, c,d a1C 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-DISCUMINATION• 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. CO MACT 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 ,1995, in the total amount of $ The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional I year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 28.02 of specifications, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensations as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim - Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, as its discretion, 27 substitute for the Index such other similar index as it may deem appropriate. 12. AIMMEY'S F FS• In the event that any action or proceeding s brought by either party to enforce any term or provision of this Agreement, the revaillin party shait recover its reasonable attorneys' fees and costs incurred with respect thereto. g l 13. TERMINATION: This Agreement may be terminated by City upon the giving of a written "Notice of Termination" to contractor at least thirty of termination specified in said notice. In the event of such termination, ntractor shall only be paid for services rendered and expenses necessarily termination. incurred prior to the effective date of IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date APPROVED AS TO FORM City Attorney Date Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time 28 By: Name Title CITY OF DIAMOND BAR, CALIFORNIA By: Mayor By: City Clerk SPECIAL PROVISIONS ► �: •►t90MMM. All work shall be done in accordance with the 1994 Edition of the Standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, Plans, Standard Construction Drawings and these Special Provisions. 1INTIMOM 1=0 Rol Section 2-1 Award and Execution of Contract is amended,by the following: (a) Examination of Plans 1U2=ifiQ&dQnc Aerial Provisions- and Site of Work: The bidder is required to examine carefully the site and the proposal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, including all installations and utilities, whether underground, surface or overhead, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. (b) P=Qsal 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) 4.jection of Pronocal nntaining Alterations, Erasures or Irregularities: Proposals may be rejected if they show any alterations or form additions not called for, conditional or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. (d) Bidder's laranly* All proposals shall be presented under sealed cover and shall be accompanied by cash, cashier's check or certified check payable to, or bidder's bond in favor of the City of Diamond Bar in an amount of said proposal, and no proposal shall be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. (e) Award ofContract: The award of the contract, if it be awarded, will be to the 29 lowest responsible bidder. (fl Return of Bi r's Guaranteese Proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. The Notice Inviting Sealed Bids, Proposal, Bonds, Instructions for Bidders, General Provisions and Detail Specifications, shall be deemed incorporated in the contract by reference. A corporation to which an award is made will be required, before the contract is finally executed, to furnish evidence of its corporate existence that the officer signing the contract and bonds for the corporation is duly authorized so to do. Subsection 2-S_ 1 pl ns nd Specifirationc Goner l- is amended by the addition of thr, following: An addendum to these specifications may be issued by the Engineer at any time prior to the bid opening. Section 5. Utilities. This section is modified by addition of the following subsections. Subsection 5-1 ocation This ct tion is amenriPd by addition of the followtn�g i The Contractor shall notify Underground Service Alert (USA) at 1-800-422-4133 two working days prior to the start of any boring or excavating operations. The Contractor shall notify the owners of all utilities 48 hours before start of construction. The utility owners listed may be contacted as indicated. Utility titication. Utility owners who may have facilities which may affect the work are as follows: General Telephone 1400 E. Phillips Blvd. Pomona, California 91766 (909) 865-3307 Southern California Edison Company 800 West Cienega San Dimas, California 91773 (909) 592-3724 Walnut Valley Water District 271 South Brea Canyon Road Walnut, California 91789 (909) 595-7554 30 Southern California Gas Company Distribution Department 920 S. Stimson Ave. City of Industry, Ca 91745 (909) 394-4327 Underground Service Alert 1 (800) 422-4133 Subsection 5-2 Protection. The Contractor is hereby alerted to the existence of all utility lines shown on the plans. The Contractor shall carefully protect all lines during the course of construction. The Contractor is cautioned to protect existing utilities and their appurtenances which may be within the work area. Particular attention shall be given to water valves. Prior to commencing construction the contractor shall submit for approval a construction schedule. 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. Contra ponsibility for Work. Until acceptance of the work in writing by the City of Diamond Bar, the contractor shall have the charge and care of the work site at all times and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non execution of the work. The contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof. The City of Diamond Bar permits stockpiling of excavation material and/or construction material only in an authorized location. This requirement also applies to the location of a material and equipment yard and a construction office. All existing improvements (except utilities) which are removed or damaged during the course of construction of the project shall be restored to a condition equal to or better than, in all respects, the existing improvements removed or damaged unless otherwise specified or noted on the drawings. 31 Full compensation for conforming to the requirements of this section shall be included in other items of work performed and no additional compensation will be allowed. Subsection 74.1 Duration ofContract: The Contractor shall begin work on or before the date of a written "Notice to Proceed" and shall comoletc the en irork within sixty (60) calenrinr rlay.c following": No public street, or portion thereof, may be closed to through traffic as a part of this Contract. However, if, in the opinion of the Engineer, it is in the interest of the City of Diamond Bar to close the street, the contractor shall close the street as directed by the Engineer. Full compensation for conforming to the requirements of this section shall be included in other items of work performed and no additional compensation will be allowed. The Contractor shall furnish all flagmen and guards and supply and install all signs, lights, flares, barricade delineators, and other facilities which are necessary to expedite the passage of public traffic through or around the work or to prevent accidents or damage or injury to the public or to give adequate warning to the public of any dangerous conditions to be encountered. The Caltrans "Manual of Traffic Controls" shall be used for all traffic control on this project. Subsection 7-11 HORiNG OF EXCAVATIONS Shoring of excavations is not generally required on this project, however, the City's Engineer may determine that shoring is required in portions of the construction area, due to the type of trench excavation proposed by the contractor. The City has performed no soil testing to determine precisely what areas, if any, will require shoring. Shoring of excavation if required shall be in accordance with the requirements of Subsection 306-1, as amended, of the Standard Specifications, and shall meet all the requirements of the Construction Safety Orders of the Department of Industrial Relations, State of California and of OSHA. Approved protective fencing and barricading will also be provided by the Contractor as a part of this item. Prior to the required excavation the Contractor shall obtain all permits required thereby. The Contractor shall conform to the Section 6424 of the California State Labor Code regarding shoring and bracing of excavations. Of special importance in this regard is the following extract from said section: "For the excavation of any trench or trenches five feet or more in depth, the Contractor shall submit for acceptance by the awarding body, or by a registered civil or structural engineer employed by the awarding body, to whom authority has been delegated, in advance of excavation, of a detailed plan showing the design of W shorings, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer". Full compensation for conforming to the requirements of this section shall be included in other items of work involved and no additional compensation will be allowed. lection 9 M .aSnrPmPnt and payment. Subsection 9-3 is modified by addition of the following Paragraphs: The Contractor agrees that the payment that of the amount under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City of Diamond Bar, the City Council, the City Manager, and the City Engineer of any and all claims or liability on account of work performed under the contract or any alterations thereof. Progress Payments. The Contractor shall be entitled each month to a monthly progress payment in an amount equal to ninety percent (90%) of the estimated percentage of actual work completed by the end of the preceding calendar month, based on the contract price less all previous payments, provided that in all events the City shall withhold no less than ten percent (10%) of the contract price until final completion and acceptance of the work. The contractor may substitute in lieu of cash retention. This payment on account shall in no way be considered as an acceptance of any part of the work or material of the contract, nor shall it in any way govern the final estimate. Final Payments. After the completion of the contract, the Engineer shall make a final inspection of the work done thereunder, and if entirely satisfactory and complete, the City shall pay 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. 33 SPECIFICATIONS FOR THE PROVISION OF LANDSCAPE AND APPURTENANT MAINTENANCE SERVICES FOR SPECIAL LANDSCAPE MAINTENANCE DISTRICTS 1. SCOPE OF THE WORT{ AND CONTRACT 1.01 The Work to be done under these specifications shall include the furnishing of all labor, material and equipment necessary for the provision of landscape and appurtenant maintenance services as set forth in these specifications including the exhibits attached hereto within the boundaries of the Special Districts and as said boundaries may have been heretofore or may be hereafter altered. 1.02 The foregoing work shall be done in a thorough and workmanlike manner under the direction and to the satisfaction of the Director of the Community Services Department. The premises shall be maintained at the level of service provided for in these specifications at all times. 1.03 The Contractor shall have the exclusive duty, right and privilege to mow, edge, trim, overseed, reseed, fertilize, aerate, irrigate, hand water and bleed valves as necessary during emergencies when automatic systems are not functioning, prune, trim, and renovate turf and shrub areas designated hereunder, as well as to provide weed control, disease control, tree maintenance within the District, maintenance of sprinkler systems including backflow, revention devices, repair of walkways, pumps; and the necessary maintenance of any appurtenant structures and equipment. 1.04 In return for the exclusiveness of said Contract and the other considerations provided for herein, the Contractor agrees to provide the landscape and appurtenant maintenance services within said District without any further compensation except as otherwise specifically provided for in the contract and/or specifications. 1.05 The Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage plant, groundcover or turf areas. 1.06 The Contractor shall, during the specified hours and days of operation, respond to all emergencies within two (2) hours of notification. 1.07 The Contractor shall perform a maintenance inspection weekly during daylight hours of all areas within the premises. Such inspection shall be both visual and operational. It, shall include operation of all irrigation, lighting and other mechanical systems to check for proper condition and reliability. 1.08 The term Director as used in these specifications shall mean Director of the Community Services Department or his authorized representative(s). 2. AREAS TO BE MAINTAINED 2.01 There are medians, parkway panels, cul-de-sac islands, village greens, adjacent roadway slopes, open space lots, linear greenbelts, paseos, fire protection slope areas, gate entry areas, creek beds, semi -natural, and natural areas with turf, plants, trees, and ground cover which are irrigated by manual and/or an electrically controlled automatic systems. 2.02 Surface drains ("V" ditches) in the natural areas of the District are included as an area to be maintained by the contractor under these specifications. 2.03 An identification of the areas to be maintained is provided in Exhibit A attached to these specifications. 2.04 The bidder, before submitting his bid, shall visit all existing areas to be maintained and inform himself fully as to all conditions that might affect the work specified. Said inspection of these areas in the company of City representatives will be required as a condition of submitting a bid and all bidders must attend the bidders' conference which will be held on the site on the day of the walk-through inspection. 2.05 Estimated square footage by district are provided for all areas to be maintained on the attached Exhibit A. However, it is the responsibility of the Contractor to verify by inspection and to observe the various slope characteristics. 3. CERTMCATIONS/REPORTS 3.01 Certification Contractor shall complete the attached Landscape Maintenance certification form designated Exhibit B and shall submit same to Director concurrent with the monthly invoicing. The monthly payment to the Contractor will not be made until such report has been received by the Director. 3.02 In addition, when applicable, Contractor shall submit with the monthly invoice and Landscape Maintenance certification form, a report indicating, for those specialty type maintenance operations completed, the quantity and complete description of all commercial and organic fertilizer, grass seed and soil amendments used and a valid licensed California Pest Control Advisor's recommendation and copies of corresponding pesticide use report signed by a licensed California Pest Control Operator for all chemical disease and pest control work performed. 3.03 Main ten n P F mr b R"= Contractor shall maintain and keep current a report form that records all On-going, Seasonal, and Additional Work, maintenance functions performed on a daily basis, by Contractor's personnel. Said report shall be in a form and content acceptable to the Director and shall be submitted to Director concurrent with the monthly invoicing. The monthly payment will not be made until such report is received by the Director. 4. ADDITIONAL WORK 4.01 The Director may at his discretion authorize the Contractor to perform additional work, in accordance with the provisions of the contract including but not limited to, repairs and replacements when the need for such work arises out of extraordinary incidents such as SP2 vandalism, Acts of God, and third party negligence; or improvements in order to add new, modify existing or to refurbish existing landscaping and irrigation systems as provided for in the contract authorizing the provision of those services. 4.02 Prior to performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and marials. No work shall commen without the written authorization cefrom the Director. Not withstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Director nay verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twenty-four (24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Director for approval. 4.03 All additional work shall commence on the specified date established and Contractor shall Proceed diligently to complete said work within the time allotted. 5. CONTRACTOR'S LIABIQ.ITy 5.01 All damages incurred to existing improvements located within areas under maintenance which in the City's opinion are due to the Contractor's operation shall be repaired or replaced at the Contractor's expense. 5.02 All such repairs or replacements shall be completed within the following time limits. a. Irrigation damage shall be repaired or replaced within one watering cycle. b. All damages to shrubs, trees, turf or groundcover shall be repaired or replaced within five (5) working days. 5.03 All repairs and/or replacements shall be completed in accordance with the following maintenance practices. a. Trees - Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. - If damage results in loss of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of Director. b. Shrubs - Minor damage may be corrected by appropriate pruning. - Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in Section 18 of these Specifications. c. Chemicals - All damage resulting from chemical operation, either spray -drift or lateral - leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil conditioned to insure its ability to support plant life. 6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 6.01 Should any misunderstanding arise the Director will interpret the Agreement. If the Contractor disagrees with the interpretation of the Director, he shall continue with the work in accordance with the Director's interpretation. Within thirty (30) days after receipt of the interpretation, SP3 he may file a written request for a hearing before a Disputes Review Panel as provided herein. The written request shall outline in detail the area of dispute. 6.02 The Disputes Review Panel will be appointed by the Director and will be composed of not less than three Non -City personnel having experience in the administration of Landscape maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to the Director, for his consideration, within one (1) week following the conclusion of the hearing. The Director shall render an interpretation based upon his review of the Panel's recommendation. The Director's decision shall be final. 7. OFFICE OF INQUIRIES AND COMPLAINTS 7.01 The Contractor shall maintain an office at some fixed place and shall maintain a telephone there at, listed in the telephone directory in his own name or in the firm name by which he is most commonly known, and shall, at all times, have some responsible person (s) , employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from property owners and tenants within said District or from the Director. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of the complaint within one (1) hour of receipt of complaint by the answering service. The telephone of said Contractor shall be on the exchange or exchanges of said District(s) or a toll-free number, and in no case shall the people of said District(s) be required to pay a toll charge to telephone said Contractor. During normal working hours, the Contractor's Foreman or employee of the Contractor, who is responsible for providing maintenance services shall be available for notification through radio communication. 7.02 Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify the Contractor cause such action to be taken by the City work force and shall charge the cost thereof as determined by the Director, against the Contractor, or may deduct such cost from any amount due to Contractor from City. 7.03 The Contractor shall maintain a written log of all complaints, the date and time thereof and the action taken pursuant thereto or the reason for non -action. The log of complaints shall be open to the inspection of the Director at all reasonable times. 7.04 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Director. If any complaint is not abated within 24 hours, the Director shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director, the Director may correct the specific complaint and the total cost incurred by the City will be deducted and forfeit from the payments owing to the Contractor from the City. SP4 8. SAFETY 8.01 Contractor agrees to perform all work outlined in these specifications in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all local, County, State or other legal requirements including but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL. O.S.H.A. Safety orders at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at said areas under maintenance and keep a log indicating date inspected and action taken. 8.02 It shall be the Contractor's responsibility to inspect, and identify, any conditions that renders any portion of the areas under maintenance unsafe, as well as any unsafe practices occurring thereon. The Director shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making minor corrections including but not limited to filling holes in turf areas and paving, replacing valve box covers, and securing play apparatus if any so as to protect members of the public or others from injury. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring on the premises, including a complete written report thereof to the Director within five (5) days following the occurrence. 9. HOURS AND DAYS OF MAINTENANCE SERVICE 9.01 Hours of maintenance service shall be either 6:00 a.m. to 2:30 p.m. or 6:30 a.m. to 3:00 p.m. on those days maintenance is to be provided for a Special District pursuant to the work schedule approved in advance by the Director. 9.02 Contractor shall provide on-site staffing at the prescribed hours five (5) days per week, Monday through Friday at the Special Districts indicated on the work schedules approved in advance by the Director. Any changes in the days and hours of operation heretofore prescribed shall be subject to prior written approval by the Director. 9.03 Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this Agreement shall constitute a legal day's work and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of Twenty-five Dollars ($25.00) for each laborer, worker or mechanic employed in the execution of said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week, in violation of the provision of Section 1811 to 1815, inclusive, of the Labor Code of the State of California. SP5 10. MAINTENANCE SCHEDULES 10.01 Contractor shall provide a work schedule for the Districts to be maintained which shall be submitted to the Director within ten (10) days after the effective date of this Agreement for his approval. 10.02 The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the Director within five (5) working days prior to scheduled time for the work. 10.03 The above provisions are not construed to eliminate the Contractor's responsibility in complying with the requirement to notify the Director for Specialty Type maintenance as set forth immediately hereinafter. 10.04 Contractor shall notify the Director, in writing, at least two (2) weeks prior to the date and time of all "Specialty Type" maintenance operations. "Specialty Type" operations are defined as: a. Fertilization b. Turf aerification c. Turf renovation/verticutting d. Turf reseeding e. Spraying of trees, shrubs or turf f. Other items as determined by the Director Said "Specialty Type" maintenance services shall be performed in compliance with the specialized maintenance program (Exhibit C) attached hereto. Failure to complete special services in accord with the schedules set forth on Exhibit c will result in the Contractor becoming liable to the City for liquidated damages ($100 per day) without written notice commencing automatically upon the first day following the final date such work was to be completed. 11. CONTRACTOR'S STAFF 11.01 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. All of the Contractor's maintenance personnel shall be supervised by a qualified, English speaking, Foreman in the employ of the Contractor. 11.02 Contractor shall transfer or discharge any employee whose conduct or activity shall, in the reasonable exercise of discretion by the Director, be deemed detrimental to the interest of the public patronizing the premises. Contractor shall transfer or discharge any such person within a reasonable time following notice therefor from the Director and such person shall not be employed at any other City District area of maintenance contracted for and maintained by, the Contractor. 11.03 Director may require the Contractor to establish an identification system for personnel assigned to an area of maintenance which clearly indicates to the public the name of the Contractor responsible for the landscape and appurtenant maintenance services. The identification system SP6 shall be furnished at the Contractor's expense and may include appropriate attire and/or name badges as specified by the Director. 11.04 The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirt, shall be worn at all times and buttoned. 12. SIGNS/IMPROVEMENTS 12.01 Contractor shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval therefor is obtained from the Director. 13. UTILITIES 13.01 The City shall pay for all utilities. However, water usage shall not exceed amount required to comply with irrigation schedules established by the Contractor and approved by the Director. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current usage with historical usage for the same time period. The excess cost factor, to be deducted from payments to Contractor from City will be presented to the Contractor by the Director prior to actual deduction to allow for explanations. 14. NON-INTERFERENCE 14.01 Contractor shall not interfere with the public use of the premises and shall conduct it's operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 15. STORAGE FACILITIES 15.01 City shall not provide any storage facilities for the Contractor. 16. TURF CARE 16.01 The Contractor shall perform at his sole expense the following services: a• Mowing - Turf to be mowed with an adequately sharpened rotary or reel type mower, equipped with rollers, to ensure a smooth surface appearance without scalping. All warm season grasses (Bermuda, St. Augustine, and Kikuyu) to be cut at a 1 inch height throughout the year. All coal season grasses (Blue Grass and Fescues) to be cut at 2 1/2 inches during April through November and at 2 inches during December to March of each year. The mowing heights will be adjusted by the Director during periods of renovation. All grass clippings will be collected and removed from the site on the same day the area is mowed. Notwithstanding the previous statements, use of a mulching type mower that TZA deposits finely ground clippings in place is authorized and encouraged (large clumps of clippings must be removed). A mowing schedule will be established and maintained. This schedule will provide that all areas will be mowed not less than once a week during the warm season of April to November and once every two weeks during the cool season of December to March. This schedule will be submitted to the Director for approval. b. Fling - With each cutting, the edge of the grass along sidewalks, curbs, shrub and flower beds, and walls shall be trimmed to a neat and uniform line. Where trees and shrubs occur in turf areas, all grass shall be removed 6 inches from the trunks of trees and away from the drip line of shrubs by use of power scythe, approved chemicals, or small mowers as required. Trim around all sprinkler heads as necessary in order to provide maximum water coverage. Edging will be done concurrent with each mowing. The edge of the turf shall be trimmed around value boxes, meter boxes, backflow devices or any structures located within the turf areas. All turf edges are to be maintained to prevent grass invasion into adjacent shrub, flower, and ground cover bed areas. All clippings shall be removed from site the same day area is edged. After mowing and edging is completed all adjacent walkways are to be swept clean by power blower. c. Weed Control - Control turf weeds as needed and in accordance with the specialized maintenance program (Exhibit Q. Hand removal of noxious weeds or grasses will be required as necessary. d. Insect/Disease Control - Eliminate all insect or disease affecting turf areas as they occur. e. AeratinF - Aerate all turf areas four (4) times annually in accordance with the specialized maintenance program (Exhibit Q. Aerate all turf by using 1/2 inch tines removing 2 -inch cores of sod with an aerator machine at not more than 6 -inch spacing once over. Director is to be notified at least two (2) weeks prior to the exact date of aerating. f. Thatch Removal - Renovate all warm season grasses to the soil line and verticut all cool season grasses once annually prior to the overseeding operation to be performed in the fall of each year. Equipment will consist of standard renovating or vertical mowing types. Director is to be notified at least two (2) weeks prior to the exact date of renovation. g• Irrigation - Irrigation, including hand -watering and bleeding of valves during an emergency situation, as required to maintain adequate growth rate and appearance and in accordance with a schedule most conducive to plant growth. Contractor to provide Director with monthly written irrigation schedule on form provided for this purpose. Director shall have the ability to change the irrigation schedule as the need develops. Adequate soil moisture will be determined by programming the automatic sprinkler controllers as follows: (1) Consideration must be given to the soil conditions, seasonal temperatures, wind conditions, humidity, minimizing runoff and the relationship of conditions which affect day and night watering. This may include daytime watering during winter weather to prevent icy conditions and manual operation of the irrigation system during periods of windy or inclement weather. During freezing, rainy and/or windy conditions, automatic irrigation will be discontinued. (2) In areas where wind creates problems of spraying water onto private property or road rights -0f --way, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night (between the hours of 7:00 p.m. and 6:00 a.m.). (3) The Contractor shall be responsible for monitoring all systems within the jurisdiction of this specification and correct for: coverage, adjustment, clogging of lines, and SP8 removal of obstacles, including plant materials which obstruct the spray. (4) Check systems daily and adjust and/or repair any sprinkler heads causing excessive runoff, including slope areas, or which throw directly onto roadway paving or walks (where sprinkler heads can be adjusted) within the District. (5) All controllers shall be adjusted on a weekly basis considering the water requirements of each remote control valve (sprinkler station). (6) Irrigation system will be controlled by Contractor in such a way as not to cause an excessively wet area which could interfere with the Contractor's ability to mow all turf. (7) The Contractor shall observe and note any deficiencies occurring from the original design and review these findings with the Director, so necessary improvements can be considered. (8) Contractor shall repair all leaking or defective valves immediately upon occurrence, or within twenty-four (24) hours following notification from the Director of such a deficiency. (9) A soil probe shall be used to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones. (10) Contractor shall file a monthly statement with the Department of Community Services certifying that all irrigation systems are functioning properly and provide a monthly irrigation schedule for the succeeding month. (11) Contractor shall also be required to file a yearly certification with the Department of Health Services and/or Walnut Valley Water District that all backflow prevention devices on the irrigation systems are operating in accordance with the requirements established by the Los Angeles County Health Services Department and/or Walnut Valley Water District. It will be the responsibility of the Contractor to repair and replace when necessary, subject to the provisions of Section 21 hereunder, all backflow prevention devices at his sole expense. Said certification shall be completed within thirty (30) days upon notification from the Department of Health Services and/or Walnut Valley Water District that said certifications are due. h. Fertilization - Turf shall be fertilized with a balanced type commercial fertilizer twice (2) a year during the months of May and September. All fertilizer used shall be inorganic and granular. Rate for each application shall be one (1) pound of actual available nitrogen per 1,000 square feet of a balanced type commercial fertilizer. The balanced fertilizer shall be approved by the Director and shall be of a 4-1-2 ratio. In addition to the balanced type commercial fertilization, the Contractor shall fertilize all turf areas with ammonium sulphate during March, April, and July of each calendar year at a rate of one (1) pound of actual available nitrogen per 1,000 square feet and with calcium or ammonium nitrate during November, December, and January of each calendar year at a rate of one (1) pound of actual available nitrogen per 1,000 square feet. All turf areas fertilized shall be thoroughly soaked immediately following fertilization. L Turf Reseeding - Contractor shall once each year in fall, overseed all turf after aerification and overseed all bare spots as needed throughout the remainder of the year to reestablish turf to an acceptable quality. When Contractor reseeds turf he will aerify, renovate or verticut, seed and mulch (spread evenly over the entire area to a uniform depth of 1/4 inch) in this sequence. The Director may require the use of sod when SP9 deemed necessary. Contractor shall be entitled to additional compensation for the cost of the sod only provided loss of turf was not due to the negligence of the Contractor. Overseeding shall be sown at a rate of five (5) pounds per 1,000 square feet and reseeding of bare areas shall be sown at a rate of eight (8) pounds per 1,000 square feet. The following seed specifications shall be used for all overseeding and reseeding. 17. SHRUB AND GROUND COVER CARE 17.01 The Contractor shall perform at his sole expense the following services: a. Pruning - Prune shrubbery during the month of January through March to encourage healthy growth habits and for shape and appearance with the exception of roses which shall be pruned no later than January. All shrubs shall be free of dead wood, weak, diseased, insect infested and damaged limbs at all times. Remove all clippings the same day shrubbery is pruned. b• Trimmin - Restrict growth of shrubbery and ground covers to area behind curbs and walkways, and within planter beds by trimming, as necessary, or upon written notice by the Director. c. Renovation - Renovate ground covers according to prescribed practices in the industry as needed to maintain a healthy vigorous appearance and growth rate. d. DisPace and Insect Control - Maintain free of disease and insects ad treat when needed pursuant to section 20. e. Weed Control - All ground cover and shrub beds are to be kept weed free at all times. Methods for control can incorporate one or all three of the following: (1) Hand removal. (2) Cultivation. (3) Chemical eradication. f. Fertilization - Apply fertilizer at least two (2) times per year (during the months of March and April, and September and October) to provide a healthy color in all plants with foliar feedings if applicable. Contractor will cultivate around plants where needed. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with a fertilization schedule, with two (2) weeks notification prior to the proposed fertilization. g• Irrigation - Irrigate including hand watering and bleeding of valves in emergency situations where automatic systems are not functioning as required to maintain adequate growth rate and appearance. Section -16, Paragraph g, concerning irrigation practices shall apply to shrubs and ground covers. h. Shrub and GroLnrt over Rep emenr - All damaged, diseased (untreatable) or SP10 Proportion Name By Weight Purity Germination Newport Blue Grass 20% 95% 90% Lolium Perenne 'Pennfine' Rye 26 1/3% 95% 85% Pennant Rye 26 1/3% 95 % 85% Derby Rye 26 1/3% 95 % 85% 17. SHRUB AND GROUND COVER CARE 17.01 The Contractor shall perform at his sole expense the following services: a. Pruning - Prune shrubbery during the month of January through March to encourage healthy growth habits and for shape and appearance with the exception of roses which shall be pruned no later than January. All shrubs shall be free of dead wood, weak, diseased, insect infested and damaged limbs at all times. Remove all clippings the same day shrubbery is pruned. b• Trimmin - Restrict growth of shrubbery and ground covers to area behind curbs and walkways, and within planter beds by trimming, as necessary, or upon written notice by the Director. c. Renovation - Renovate ground covers according to prescribed practices in the industry as needed to maintain a healthy vigorous appearance and growth rate. d. DisPace and Insect Control - Maintain free of disease and insects ad treat when needed pursuant to section 20. e. Weed Control - All ground cover and shrub beds are to be kept weed free at all times. Methods for control can incorporate one or all three of the following: (1) Hand removal. (2) Cultivation. (3) Chemical eradication. f. Fertilization - Apply fertilizer at least two (2) times per year (during the months of March and April, and September and October) to provide a healthy color in all plants with foliar feedings if applicable. Contractor will cultivate around plants where needed. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with a fertilization schedule, with two (2) weeks notification prior to the proposed fertilization. g• Irrigation - Irrigate including hand watering and bleeding of valves in emergency situations where automatic systems are not functioning as required to maintain adequate growth rate and appearance. Section -16, Paragraph g, concerning irrigation practices shall apply to shrubs and ground covers. h. Shrub and GroLnrt over Rep emenr - All damaged, diseased (untreatable) or SP10 dead shrubs and ground covers will be replaced with the exact same material that existed and of similar size as required by the Director unless otherwise notified by the Director in writing. Substitutions for any plant materials must have prior approval in writing by the Director. Original plans and specifications should be consulted to determine correct identification of species. All shrubs shall be guaranteed to live and remain in healthy condition for no less than six (6) months from the date of acceptance of the job by the Director. 18. TREE CARE 18.01 The Contractor at his sole expense shall perform the following services: a. Tree Maintenance - (1) Contractor shall be responsible for the pruning, shaping and removal of trees under 15' in height. The Contractor shall inform the Director's office of any damaged or diseased trees or any trees that poise a threat to adjacent concrete, walls or property. (2) All trees shall be maintained free of all dead, diseased and damaged branches back to the point of breaking. Cuts must be made flush with the parent limb or trunk to promote proper healing. Any cuts exceeding one and one-half (1 112) inch will be treated with a wound dressing. All sucker growth is to be removed from trees as it occurs. (3) Maintain seven (7) foot clearance for branches overhanging walks and fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of streets where applicable. (4) Control insects and diseases as needed pursuant to the provisions of Section 19 and Exhibit C. (5) Stake and support all replacement trees and replace stakes which have been broken or damaged on existing trees as required. (a) Tree stakes shall be pentachlorophenol treated lodge pole pine not less than eight (8) feet in length for five (5) gallon size trees and not less than ten (10) feet for fifteen (15) gallon trees sizes (two (2) per tree). (b) Guy wires where required and plant ties will be of pliable, zinc -coated ten (10 gauge wire (two (2) ties per tree). (c) Hose for covering wire to be either new or used garden hose at least one-half (1/2) inch in diameter those ties should allow for minimum of three (3) additional inches of clearance beyond the diameter of the branch or trunk being secured). (d) Stakes will not be placed closer than eight (8) inches from trunk of the tree. (e) Stakes and ties will be placed so no chafing of bark occurs and shall be checked frequently and retied to prevent girdling. b. Fertilization - Apply fertilizer within dripline at least once per year (during the months of March or April) to provide a healthy color in all plants. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with two (2) weeks notification prior to the fertilizer application. SPIT c. Irrigation - Irrigation will be programmed in conjunction with automatic controllers or manual control valves servicing turf or ground cover and shrub areas in accordance with the requirements of Section 16, Paragraph g. d. Permits - If a permit is required for tree pruning, City Department of Community Services will obtain permit prior to commencement of work by Contractor. e. Tree Replacement - All trees permanently damaged by any means will be replaced as provided for under Sections 6 or 24 with the identical species of tree existing previously, unless otherwise notified in writing by the Director. The need for and the size of replacement will be determined by the Director at the monthly maintenance inspection meeting or upon written notification. Size of the replacement shall be of a like size not to exceed a 24 -inch box specimen container size. Substitutions will require prior written approval by the Director. original plans and specifications should be consulted to insure correct identification of species. f. Olive Tree SpraAnn¢, - Ornamental olive trees shall be sprayed to prevent fruit set by use of "Maintain." Two applications shall be required 7-10 days apart. The first application shall be applied when 1/2 to 3/4 of the olive blooms are open (sometime between April 1 and May 10). Both spray applications shall be put on using a power sprayer with a minimum of 150 p.s.i. pressure. 19. USE OF CHEMICALS (PESTICIDES) AND DISEASE AND PEST CONTROL 19.01 The Contractor shall perform at his sole expense the following services: a. Disease, insect and pest control tasks described previously in turf, shrub/ground cover and tree care specifications. b. Control of weeds, insects and pests in the District areas, landscaped or natural, that may have an immediate adverse affect on adjacent private property. 19.02 Chemical use shall be controlled by the contractor per the following: a. Chemical Application - All work involving the use of chemicals will be accomplished by a State of California licensed pest control operator. A written recommendation by a person possessing a valid California Pest Control Advisor License is required prior to chemical application. b. Permits- All chemicals requiring a special permit for use must be registered by the Contractor with the County Agricultural Commissioner Office and a permit obtained with a copy to the City Department of Community Services prior to use. A copy of all forms submitted to the County Agricultural Commissioner shall be given to the Director on a timely basis. c. Compliance with Re ala ion - All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California will be adhered to. d. Pest Control- Control of ground squirrels, gophers, and other burrowing rodents by trapping and/or eradication will be provided by the Contractor at his sole expense. Whenever holes are visible upon the surface, these holes shall be filled and securely tamped by contractor to avoid moisture runoff SP12 entering the holes. This procedure shall be followed in all areas especially within all slope areas. 20. GENERAL CLEAN-UP 20.01 The Contractor shall perform at his sole expense the following services: a. Trash Removal - Remove all trash and accumulated debris from site. b. Policing of Are?s - All areas under maintenance and other designated areas will have above identified trash removed daily, seven days per week throughout the year. c. Concrete/Asphalt Median Strip Maintenance - Contractor is responsible for weed and grass removal within concrete/asphalt median strip areas, if any, at all times. d. Curb and Gutter Maintenance - Contractor is responsible for removal of weeds and grass from curb and gutter expansion joints at all times. e. Walkway Mainenance - Walkways, if any, will be cleaned immediately following mowing and edging and cleaned by use of power sweeping or blower equipment not less than once per week. This includes removal of all foreign objects from surfaces such as gum, dog feces, grease, paint, graffiti, etc. All walkway cracks and expansion joints shall be maintained weed and grass free at all times. f. Drain Miaiptenance - All drains, "V" ditches and catch basins shall be free of siltation and debris at all times. g. Removal_ of Lmyes - Accumulations of leaves shall be removed from all areas not less than once per week. h. Trash Containers in Mini -Parks - All trash containers in mini -parks shall be emptied daily, seven days per week, throughout the year, and removed from the site. 21. IRRIGATION SYSTEM MAINTENANCE OR REPAIR 21.01 All irrigation systems within the District areas designated in this specification will be repaired and maintained as required for operation, by the Contractor at his sole expense in the following manner: a. Scope of Responsibility - The Contractor shall maintain (repair or replace as needed) and keep operable all irrigation equipment consisting of sprinkler heads, valves, lines, quick couplers, risers, automatic controllers, batteries, and backflow prevention devices. This paragraph does not require the Contractor to make a complete piping replacement of the system. b. Replacement Requirements - Replacements will be of original materials or substitutes approved by the Director in writing prior to any installation. c. Extent of Responsibility - The Contractor will be responsible for immediate maintenance (repair or replacement) of all irrigation systems. Contractor will be responsible at all times for hand watering and the bleeding of valves in emergency situations as required to sustain and prevent loss of turf, trees, SP13 plants, and ground covers when automatic systems are not functioning. The replacement Section 21 requirements to be provided by the Contractor shall be the normal deterioration, wear and tear, or negligence upon the part of the Contractor. The replacement required by Section 21 caused by extraordinary incidents of vandalism, acts of God, and third party negligence will be accomplished by the Contractor pursuant to the provisions of Section 23 of this Specification. However, the District(s) will continue the program of reimbursing the Contractor for the replacement with a new diaphragm valve of any piston type valve deemed to be unrepairable by the Director. However, the Contractor will be reimbursed only for the wholesale cost of the new diaphragm valve including sales tax plus 15% for overhead and profit (not for the labor to install). d. Ordinance - All materials and workmanship will be in accordance with applicable City or County Plumbing Ordinances. Where the provisions of the specifications exceed such requirements, the specifications shall govern. 22. MAINTENANCE AND REPAIR OF WALKWAYS & SERVICE ROADS, DRAINAGE SYSTEMS, CONCRETE BLOCKWALLS & MISCELLANEOUS IMPROVEMENTS 22.01 Walkways and Service Roads - All walkways and service roads, if any, shall be maintained by the Contractor so as to keep the integrity of the walking or driving surface in a safe, unimpaired condition. The Contractor shall be entitled to additional compensation for maintaining walkways and service roads in the following manner: a. Broken corners will be removed and repaired as required. b. Broken curbs or headers adjacent to or part of roadways or walkways will be repaired or replaced. c. Contractor will not be responsible for total replacement of roadways or walkways as a result of normal deterioration, but will be required to replace all improvements damaged by his negligence. 22.02 Drainages System - The following services shall be provided by the Contractor at his expense except as otherwise provided for: a. All surface drains ("V" ditches), if any, shall be kept clear of debris so that water will have an unimpeded passage to its outlet. Contractor will repair or replace concrete portions as necessary for which the Contractor will receive additional compensation. b. All sub -surface drains (except storm drains) , if any, shall be periodically flushed with water to avoid build-up of silt and debris. All inlets to sub- surface drains shall be kept clear of leaves, paper and other debris to ensure unimpeded passage of water. Contractor shall replace all broken or stolen sections of pipe, catch basin boxes and grates, for which additional compensation shall be authorized. 22.03 Miscellaneous Improvements - It will be the responsibility of the Contractor to repair or replace miscellaneous improvements such as signs and mowing strips, and any SP14 other structural improvements within the District unless otherwise specified. Contractor shall be entitled to additional compensation for these services. 23. MAINTENANCE, REPAIRS AND REPLACEMENTS DUE TO EXTRAORDINARY INCIDENTS 23.01 Contractor shall be responsible or performing maintenance, repairs and replacements, when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and Third party negligence in accordance with the provisions of this Section. The Contractor shall replace as the result of any of the extraordinary incidents described in this Section (1) damaged, diseased (untreatable) or dead shrubs, ground cover and trees in accordance with Sections 17 and 18 and (2) inoperable irrigation equipment described in Section 21. The Contractor shall submit a written estimate of the cost for performing such work. The Director may, upon review and approval of such estimate, authorize the Contractor to perform said work by the issuance of a written Work Order. After submittal of the bill, the Contractor shall be reimbursed only for the agreed upon cost estimate. Allowable elements of cost for (1) the replacement of shrubs, ground cover, and trees shall be their wholesale cost including sales tax and cost of labor plus a factor of 15 percent (15%) for overhead and profit and (2) the replacement of Irrigation Equipment as defined in Section 19 of these Specifications shall be only the wholesale cost of equipment including sales tax (no reimbursement for Contractor's cost of labor) plus a factor of 15 percent (15%) for overhead and profit. In the event the Contractor's written estimate is not approved, then the Director reserves the right to contract with a third party to perform such work. 24. MAINTENANCE INSPECTIONS 24.01 The Contractor shall: a. Weekly perform a maintenance inspection during daylight hours of all facilities within the District. Such inspection shall be both visual and operational. The operational inspection shall include operation of all sprinkler, lighting and other technical systems to check for proper operational condition and reliability. b. Monthly meet on site with an authorized representative of the Director for a walk-through inspection. Said meeting shall be at the convenience of the Director and may include residents of the community. The Director shall notify the appropriate local representatives of the time and place of each walk- through inspection at least one (1) week prior to such inspection. In addition, weekly interim inspections may be made by the Director. Any corrective work required as a result of a monthly inspection or any interim inspection by the Director shall be accomplished to the satisfaction of the Director within three (3) days of the notification of deficiencies, except in the case of a leaking valve which must be repaired within 24 hours following notification. SP15 25. PLAYGROUND EQUIPMENT MAINTENANCE 25.01 All playground sites and equipment shall be inspected at the start of each work day and sand cleaned and raked level to remove any foreign and hazardous material and neatly groomed. 25.02 Special attention shall be made to low sand areas, around play equipment. These sand areas shall be leveled by distributing sand from high areas to low areas. 25.03 All sand play areas shall be maintained free of litter, cans, pop tops, broken glass and other debris. 25.04 All playground sites and equipment shall be checked daily, seven days per week, throughout the year and Contractor shall clean and remove litter from sand areas daily, seven .days per week, throughout the year. Any unsafe condition of play equipment shall be corrected and/or reported pursuant to Section 8 of these specifications. 25.05 By the 10th of each month, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rototilling, all areas shall be raked level. 26. FIRE PROTECTION SLOPE AREAS MAINTENANCE 26.01 These slope areas are hillside areas and are designed to meet Los Angeles County Ordinances for fire retardation. These areas generally occur in sloping terrain with gradients ranging 10 percent to 100 percent. Slopes are either manufactured or natural. The natural slopes have been brushed to remove certain plant materials. Manufactured slopes have been hydromulched in accordance with applicable County ordinances. Use of these areas by the residents should be minimal. 26.02 The maintenance of the natural slopes requires that the weeds and native brush be clipped to a height of 2 to 4 inches for a distance of at ' least 100 feet from a dwelling or structure. Also, dead wood from woody plants shall be trimmed when the area is brushed. Apply water within the cleared zone only as needed during fire season to maintain sufficient moisture content for sustenance of the plants and to inhibit combustion. Remove all debris from this operation off the District property. Weeding shall commence immediately following the rainy season once the growth of weeds has reached a maximum of 12 inches in height or when the County Fire Marshall has determined that a fire hazard condition exists. The required weeding shall be completed as soon as possible following its commencement and shall be completed throughout a District within a maximum period of thirty (30) days. Contractor shall be responsible for maintaining the brushed slope areas throughout the year in accordance with the above -identified height of weeds, dead wood removal and distance from dwellings or structures requirements. This may require that certain areas will need additional brushing as directed by the County Fire Marshall. Contractor will be paid additional compensation for additional brushing at the rate SP16 specified in the form of bid. Also, Contractor shall fertilize twice a year shrubs in these areas with inorganic 10-6-4 and remove weeds to a distance of 30 feet measured from any sidewalk adjacent to a fire protection slope area. 26.03 Where reference is made to weeding, brushing or clearing within 100 feet of a structure, it is intended that the space between the structure and the private property line is the responsibility of the owner of the property. As an example, assume a private residential lot has a depth of 100 feet, the rear or side of which abuts a fire protection slope. Assume that the structure is set back 20 feet from the property line abutting this slope. The Contractor's responsibility is within the portion or balance of the 100 feet outside of the private property boundary, or, in this case, 80 feet. Consult with the Director for any questions regarding these areas. 26.04 The maintenance of the manufactured slopes requires that the planted slopes be kept weed free at all times. Contractor shall program the irrigation system to deliver sufficient moisture within the root zone of trees and shrubs to sustain growth. Contractor shall be responsible for any damage to slope areas caused by excessive watering practices. Plants and trees shall be fertilized in accordance with the requirements of Sections 17 and 18 of these Specifications. Weeding will be subject to the special conditions identified in Exhibit D of these specifications. 27. NATURAL AREAS MAINTENANCE 27.01 Natural areas are open space areas that have minimal usage due to the sloping character of the land and the rugged landscape materials that are native to the land. Contractor will provide periodic maintenance consisting of debris removal only as directed by the Director. 27.02 Surface drains ("V" ditches) located in natural areas shall be maintained by the Contractor per 22.02.a at the Contractor's sole expense. 28. TERM OF AGREEMENT 28.01 This Agreement shall take effect and commence upon its execution by the City Council and unless executed on the first day of a calendar month, shall continue for the rest of the partial calendar month in which executed and for a period of twelve (12) full calendar months thereafter. 28.02 The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional 1 year extensions. 29. CONTRACTOR'S COMPENSATION 29.01 Should this Agreement commence on other than the first day of a calendar month, SP17 the Contractor's compensation for that partial calendar month shall be prorated at the rate of 1/30 of the full monthly rate per day, to, and including, the last day of the partial calendar month. 29.02 In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 28.02, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensations as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, as its discretion, substitute for the Index such other similar index as it may deem appropriate. 30.01 Contractor shall divert all organic material (i.e. grass clippings, tree trimmings) from being disposed with regular refuse. Contractor shall, to the extend feasible, utilize acceptable techniques (i.e. grassrecycling, composting) as approved by the Director, in the diversion of all organic materials from landfills. 30.02 Diversion shall be completed on an on-going basis. SP18 EXHIBIT "B" LANDSCAPE MAINTENANCE CERTIFICATION I (We) hereby certify under penalty of perjury that the work within the facilities specified under the provisions of the contract specifications for the District has been performed in accordance with the specification of said Agreement for the month of , 19 , and that: I. Not less than the prevailing wages,as determined by the State Department of Industrial Relations, have been paid to personnel employed to do this work. 2. All On -Going Maintenance Tasks have been completed as provided for in said Agreement and Specifications. 3. Irrigation systems have been checked for operability and that the following are functioning properly. a. Irrigation lines b. Valves C. Sprinkler heads d. Controllers 4. Spraying and/or use of chemicals has occurred. If Yes, has: a. Copies of the PCA's written recommendation been sent to the Inspector? b. Copies of the Pesticide Use Report been sent to the Inspector? c. Copies of restricted use permits been sent to the Inspector? SP20 5. Specialty Type Maintenance has been requested. If Yes, has: a. The inspector been notified in writing? b. If applicable, quantity and complete description of materials used been sent to inspector? 6. The work schedule provided remains unchanged. If schedule has been changed, has: a. Inspector been notified: 7. COMMENTS Company Name (please print) Authorized Representative's Signature SP21 Date 'J 0101 C C _ _ ' V p J 3 f 9 i 7 f Lij ::D Cy O O z u _ _ O "J C J O J C LL C Ic N„ J CS CO V C C ` "+, V •- <os Ze W < z W Q 4J �V �' R�° _Ufc WLLJ C = W p. C C < N ICL SP22 EXHIBIT "D" DIAMOND BAR LLAD NOS. 39 AND 41 The program for the control of Fescue on the planted slope areas within the Diamond Bar Hills and the Diamond Bar High Country developments shall consist of the following pre -emergent and post emergent herbicide applications. Ronstar shall be applied at the rate of 100-200 pounds per acre to prevent the germination of new Fescue and will put the existing Fescue under unfavorable stress allowing the existing ground cover to push out the Fescue by outgrowing it. Fusilade at the rate of one pint per acre shall be applied to control existing Fescue. Therefore, this program provides for the use of Fusilade as a post -emergent grass killer and Ronstar as a pre -emergent grass herbicide to control Fescue found on these designated slopes. This program shall be repeated as often as needed to eradicate or control the growth of Fescue on these slopes. The above conditions will be discussed on the site during the scheduled walk-through inspection which all prospective bidders will be required to attend. SP23 n A N 4 AcRiES TuaF .10 a;zoL-4a )CX Y- 3ad s }/��1�JTA111�Z7 �AhKh �trQ; „.TUr� Cc 5L�Pe I,ZDW.- Oar r:4 - _ •c- : - . r : �0 �, � J � -A �' _ • cif Qr c � A W CDti 60 aQ iyo.ie e 0� lr�^ 77, -.LM(17 O o Lq ,� ,�c r. X010/ � � a '!! 19 T �. •� -,_ -nom '_ _ ao ^' p � — � m _A •� �/ a•aF Ln o •� � � Oso �� 6�.`.� fu `OA �O� W CD( -no � \ �� ao \ c O N 49.98ti z, un \4 _ W .� •tea`' Ln N ~.M� `c ` w 00 Y - �1 ��' / O ^' �°' ♦ 's `' �- , s d .10 Ln A r_ vu L 15.4 �I^- W N _ CJS a cmk 30 � j Cn �� q \ 11111,41M JIM AN C-1 00 L 'z % Dy 4 40W 44P 11111,41M JIM AN C-1 00 L 'z COLgi 0�'by sJ.6s Ao 16 on rj _.a0 by o ;O ?may % ` y Ira q bQ O CD > � . ?,�6p � w •� Gl 4 O LP y :O O ♦t A Co ip - U O LL) T ,. _ r „r1,."•,+.,tea, V0� � � � 40 - >: �• r9�ss... `� .� .. s. '. '�y�� tiff -t) � V �1 m f � liwk--- 4 c 09 ve . WA.V9 61 Oq 0 'Pa13 ti:W Lp q "�? a +�?�S�"•r ,. - � c � : r. CITY OF DIAMOND BAR STATE OF CALIFORNIA FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 39 THE CITY OF DIAMOND BAR The City Clerk of the City of Diamond Bar, California will receive at her office in the City Hall, in said city, until 10:00a.m., Thursday, March 23, 1995 sealed proposals for the performance of the above described services. A walk through will be conducted on Friday, March 10, 1995 at 9:00a.m. 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 E%IPORTANT NOTICE TO BIDDER Notice is hereby given that the City of Diamond Bar is soliciting bids for maintenance services for Lighting and Landscape District No. 39. A mandatory bidders conference and inspection of the areas to be maintained will be held at 9:OOa.m. on Friday, March 10, 1995 at Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California. Bids will be accepted until 10:00a.m. on Thursday, March 23, 1995 at Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California 91765, at which time and place said bids shall be publicly opened, examined and declared. Inquires regarding these specifications can be directed to Bob Rose, Director of Community Services, (909) 396-5694. Upon receipt of this proposal, contact Bob Rose, Director of Community Services, at the City of Diamond Bar with the name of a contact person within your company. Failure to provide the City with this information may result in improper distribution of updated materials regarding the bid documents. The City will not be responsible for information not being distributed to the proper person. SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 39 IN THE CITY OF DIAMOND BAR TABLE OF CONTENTS NOTICE OF INVITING SEALED BID I 6 INFORMATION FOR BIDDERS 12 SCHEDULE OF PRICES 13 BIDDER'S PROPOSAL 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD 16 SUBCONTRACTOR LIST 18 NON -COLLUSION AFFIDAVIT 19 FAITHFUL PERFORMANCE BOND 20 LABOR AND MATERIAL BOND 21 BIDDER'S BOND 22 AGREEMENT 29 SPECIAL PROVISIONS SP19 EXHIBIT "A" SP20 EXHIBIT "B" SP22 EXHIBIT "C" SP23 EXHIBIT "D" RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE LANDSCAPE AND IRRIGATION MAINTENANCE OF LIGHTING AND LANDSCAPE DISTRICT NO. 39 IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to maintain certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the maintenance of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the plans and specifications for the Landscape and Irrigation Maintenance in Landscape and Lighting District No. 39. SECTION 2. That the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: C1111 WDE ICLV ty W 1 1 11 1 to W ; 1 ' 1 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 10:00a.m. on Thursday, March 23, 1995 sealed bids or proposals for the Landscape and Irrigation Maintenance in Lighting and Landscape District No. 39 in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, 'Bid for Lighting and Landscape Maintenance District No. 39 in the City of Diamond Bar". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or 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. 2 The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standard, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any 3 work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed at the time of award in accordance with the provisions of the contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. A C-27 license is required. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of $15.00, said $15.00 is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non -reimbursable payment of $5.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 9-3 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). 4 The City of Diamond Bar, California, reserves the right to reject any and all bids. The Engineer's Estimate is: $ 75,000 By order of the City Council of the City of Diamond Bar, California. Dated this day of 1995. PASSED, APPROVED AND ADOPTED this day of 1995. MAYOR ATTEST: CITY CLERK I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1995 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar 5 INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Standard Specifications for Public Works Construction, 1994 Edition. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashiers or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guaranty that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed. 3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid upon, alternative proposals. or any other modifications of the bid form which is not specifically called for in the contract documents may result in the owner's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered but a telegraphic modification may be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 6 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall he allow any subcontractor to commence work on this subcontract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer or insurers, satisfactory to and first approved by the City in writing. Certificates of insurance in the amounts required shall be furnished by the contractor to the City prior to the commencement of work. The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. The contractor shall maintain public liability insurance to protect said contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said contractor and the City against loss from liability, imposed by law, for damage to any property, damage insurance shall be maintained by the contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $500,000 for one person injured in the accident and in the amount of not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $500,000 with respect to any property damage aforesaid. The City shall be named a co-insured regardless of fault. The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made 7 under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the Owner a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. 11. AWARD OF CONTRACT: The City may award the contract to the lowest responsible bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be compared on the basis of the lowest possible cost relative to the alternate or alternates selected and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals. However, the award may be made after said period if the successful bidder has not given the City written notice of the withdrawal of his bid. 12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid, or on the base bid and any alternate or combination of alternates. 13. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. 14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code). Forms for this purpose are furnished with the contract documents. 15. WORKMEN'S COMPENSATION: In accordance with the provisions of Section 3700 L-1 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the Owner the following certificate prior to performing the work under this contract: "I am aware of the provisions of Section 3700 of the Labor code which require compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 16. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the Owner, will be held for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 17. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City on the form agreement provided, and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be readvertised. 18. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at 54380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 19. EMPLOYMENT OF APPRENTICES: The contractor, and all subcontractors, shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the contractor and all sub -contractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR). 20. EVIDENCE OF 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. 9 21. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. Pursuant to Labor Code Section 1775, the Contractor shall forfeit as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file and available for inspection in the office of the Department of Industrial Relations, Division of Labor Statistics and Research. 22. PERMITS FEES AND LICENSES: The Contractor shall possess a valid License to do business in the City of Diamond Bar prior to the issuance of the first payment made under this contract. 23. NO REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are advised that upon payment of the appropriate purchase price, the set of contract drawings and specifications become the property of the purchaser and are not to be returned to the City of Diamond Bar. 24. AWARD OF CONTRACT: The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. 25. QUANTITIES: The quantity of work for the unit price items to be done under the contract, as noted in the Schedule of Prices, is an estimate and is not to be taken as an expressed or implied statement that the actual quantity of work will correspond to the estimate. The right is reserved by the City of Diamond Bar to increase or decrease or to entirely eliminate items from the work if found desirable or expedient. The Contractor will be allowed no claims for anticipated profits, loss of profits or for any damages of any sort because of any difference between the estimated and actual quantities of work done or for work decreased or eliminated by the City of Diamond Bar. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 26. WITHDRAWAL OF BIDS: The bidder may withdraw his bid at any time prior to the date and hour set for opening of bids upon presentation of a written request to the City's Engineer signed by an authorized representative of the bidder or by the person filing the bid. 27. INVALID PROPOSALS: Proposals submitted by telegraph and those which are not logged in at the office of the City Clerk of the City of Diamond Bar, prior to the date and hour set for receipt of same will not be considered. 10 28. ALTERING PROPOSALS: The wording of the proposals shall not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. Erasures of interlineations in the proposal must be explained or noted over the signature of the bidder. 29. ACCEPTANCE OR REJECTION OF BIDS: The City Council of the City of Diamond Bar reserves the right to accept any bid or reject any or all bids and to waive any informality or defects in bids received as the best interests of the City of Diamond Bar. Proposals in which the bid prices are obviously unbalanced may be rejected. Proposals in which a bid item is left totally blank will be considered as being nonresponsive and automatically rejected. 30. BID PRICES AND AGREEMENT OF FI F : If a unit price bid item total amount arrived at by multiplying the unit price times the quantity does not agree with the total amount entered for the item or if the total amount is not entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in a unit price bid item the total amount is entered for the item but not the unit price, the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid on individual items (if called for) do not add up to the total amount shown, the correctly added total of the individual items shall prevail over the total amount. 31. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to time, issue addenda to the contract documents during the period of advertising for bids, for the purpose of clarifying or correcting special provisions, plans or bid proposal. Purchasers of contract documents will be furnished with copies of such addenda, either by first class mail or personal delivery, during the period of advertising. The addenda will be sent to the address the purchaser of the contract documents left with or furnished the City of Diamond Bar at the time the purchase was made. 11 CITY OF DIAMOND BAR SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 39 DESCRIPTION MONTHLY ITEM WITH UNIT MONTHLY PRICE NO. QUANTITY PRICE IN WORDS IN FIGURES 1 Lump Miscellaneous landscaping in Sum Maintenance District No. 39 except Parks (See attached Map) 2. Lump Landscaping of Parks in Sum District No. 39 TOTAL ANNUAL PRICE (in words) BID SUBMITTED BY (in figures) DATE COMPANY NAME ADDRESS CITY ZIP PHONE (_) FAX SIGNATURE 12 ANNUAL AMOUNT BIDDER'S PROPOSAL FOR THE ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 39 IN THE CITY OF DIAMOND BAR, CALIFORNIA Date 19 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a copartnership, give the name under which the co -partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any person, firm or corporation. (c) That he has carefully examined the location of the proposed work, and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith. (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are but estimates, and that the unit prices will apply to the actual quantities whatever they may be. 13 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 ($ 1 Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state. It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar, but if this contract is entered into and said bonds are furnished, or if the bid is not accepted then said check shall be returned to the undersigned, or the bidder will be released from the bidder's bond. Address of Bidder City Zip Code 14 Telephone of Bidder Signature of Bidder CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification Bid Date This information must include all construction work undertaken in the State of California by the bidder and any Partnership joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which be 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 1991 1992 1993 1994 TOTAL CURRENT YEAR 1. No. of contracts 2. Total dollar amount of contracts (in thousands of $) 3. No. of fatalities 4. No. of lost workday cases 5. No. of lost work day cases involving Permanent transfer to another job or termination of employment 6. No. of lost workdays* *The information required for these items is the same as required for column 3 to 6, Code 10, Occupational Injuries, summary - Occupational Injuries and Illnesses of these records, OSEA No. 102. The above information was compiled from the records that are available to me at this time and I declare under perjury that the information is true and accurate within the limitations of these records. Name of Bidder (print) Address City Zip Code 15 Signature State Contractors' Lic. No.& Classification Telephone In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the general contractor's total bid, and the portion of the work which will be done by each subcontractor. Name under which Sub- License Address of Office Specific Description of Contractor is licensed Number Mill or Shop Sub -Contract work & portion of the work If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.) Dated Bidder Signature Signature 16 Accompanying this proposal is (Insert "$ 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). Bid price indicated refers to all items illustrated on plans and details, and delineated within specifications installed and completely in place in accordance with all applicable portions of the construction documents and include all costs connected with such items including, but not necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for Contractor. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) SIGNATURE DATE ADDRESS CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. - CLASSIFICATION - EXPIRATION DATE I declare under penalty of perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 7028.15. UL N i KAL tUK SIGNATURE OR AUTHORIZED OFFICER 17 NONCOLLUSION AFFIDAVIT State of California ) County of Los Angeles ) SS. being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any other bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bids are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any ' breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) Subscribed and sworn to before me this day of 1995 Notary Public in and for the County of Los Angeles, State of California My Commission expires 1995. 18 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of ($ Dollars lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the contract is hereby waived by such Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1995. PRINCIPAL (SEAL) SURETY L.'", 19 (SEAL) LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, AND as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of DOLLARS ($ ) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed contract with said City for construction of the work under the City's specification entitled and is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if said Contractor in said contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said IN WITNESS WHEREOF, we have hereunto set our hands and seals this , day of 1995. PRINCIPAL M. (SEAL) 20 SURETY (SEAL) BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as principal, and as surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on Thursday, March 23, 1995 for the Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 39 in the City of Diamond Bar. NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A. D., 1995. (seal) (seal) (seal) PRINCIPAL (seal) SURETY ADDRESS (seal) NOTE: Signatures of those executing for the surety must be properly acknowledged. 21 KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 39 in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 39 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 CONSIDEREDCOMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRAC 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 22 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. INSURAN • 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. romnensation Insurance• Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 23 6) Automobile - Property Damage $25UMU 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 insured and other provisions required herein. 5. PREVAILIN 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 24 such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the 25 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 willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the 26 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-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated ,1995, in the total amount of $ The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional 1 year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 28.02 of specifications, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensations as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim - Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, as its discretion, 27 substitute for the Index such other similar index as it may deem appropriate. 12. ATTORNEY'S FEESe 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. 13. TERMINATION: This Agreement may be terminated by City upon the giving of a written "Notice of Termination" to contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date Name Title APPROVED AS TO FORM CITY OF DIAMOND BAR, CALIFORNIA City Attorney Date Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time 28 Mayor By: City Clerk SPECIAL PROVISIONS All work shall be done in accordance with the 1994 Edition of the Standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, Plans, Standard Construction Drawings and these Special Provisions. (a) Examination of Plans. Specifications, Special Provisions, and Site of Work: The bidder is required to examine carefully the site and the proposal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, including all installations and utilities, whether underground, surface or overhead, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. (b) Proposal Form: All proposals must be made upon blank forms to be obtained from the City Clerk at City Hall, 21660 E. Copley Dr, Suite 100, Diamond Bar, CA. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, and his address shown. If the proposal is made by individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer. (c) Rej ection of Proposals Containing Alterations, Erasures or Irregularities: Proposals may be rejected if they show any alterations or form additions not called for, conditional or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. (d) Bidder's Guaranty: All proposals shall be presented under sealed cover and shall be accompanied by cash, cashier's check or certified check payable to, or bidder's bond in favor of the City of Diamond Bar in an amount of said proposal, and no proposal shall be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. (e) Award of Contract: The award of the contract, if it be awarded, will be to the 29 lowest responsible bidder. (f) Return of Bidder's Guaranteed Proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. The Notice Inviting Sealed Bids, Proposal, Bonds, Instructions for Bidders, General Provisions and Detail Specifications, shall be deemed incorporated in the contract by reference. A corporation to which an award is made will be required, before the contract is finally executed, to furnish evidence of its corporate existence that the officer signing the contract and bonds for the corporation is duly authorized so to do. An addendum to these specifications may be issued by the Engineer at any time prior to the bid opening. Section 5. Utilities. This section is modified by addition of the following subsections. Subsection 5-1. Location. This section is amended by addition of the foil owing• The Contractor shall notify Underground Service Alert (USA) at 1-800-422-4133 two working days prior to the start of any boring or excavating operations. The Contractor shall notify the owners of all utilities 48 hours before start of construction. The utility owners listed may be contacted as indicated. Utility Owner Identificatio_n_. Utility owners who may have facilities which may affect the work are as follows: General Telephone 1400 E. Phillips Blvd. Pomona, California 91766 (909) 865-3307 Southern California Edison Company 800 West Cienega San Dimas, California 91773 (909) 592-3724 Walnut Valley Water District 271 South Brea Canyon Road Walnut, California 91789 (909) 595-7554 30 Southern California Gas Company Distribution Department 920 S. Stimson Ave. City of Industry, Ca 91745 (909) 394-4327 Underground Service Alert 1 (800) 422-4133 Subsection 5-2 Protection. The Contractor is hereby alerted to the existence of all utility lines shown on the plans. The Contractor shall carefully protect all lines during the course of construction. The Contractor is cautioned to protect existing utilities and their appurtenances which may be within the work area. Particular attention shall be given to water valves. Prior to commencing construction the contractor shall submit for approval a construction schedule. 15-11761MME!1'f•TI• .11 .M • Labor Discrimination. No discrimination shall be made in the employment of such persons upon public works because of the race, color, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter 11 or Part VII, Division 2 of the Labor Code in accordance with the provisions of Section 1735 thereof. Subsection 7-3.1.Contractor's Responsibility for Work. Until acceptance of the work in writing by the City of Diamond Bar, the contractor shall have the charge and care of the work site at all times and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non execution of the work. The contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof. The City of Diamond Bar permits stockpiling of excavation material and/or construction material only in an authorized location. This requirement also applies to the location of a material and equipment yard and a construction office. All existing improvements (except utilities) which are removed or damaged during the course Of construction of the project shall be restored to a condition equal to or better than, in all respects, the existing improvements removed or damaged unless otherwise specified or noted on the drawings. 31 Full compensation for conforming to the reciuiremetltsor this section snali de included In other items of work performed and no additional compensation will be allowed. Subsection 74.1 Duration ofContract: The Contractor shall begin work on or before the date of a written "Notice to 1_11 _ 1 Proceed" and -_ _. .1 _ JLaLLI .. I is amennea addition of the follower". No public street, or portion thereof, may be closed to through traffic as a part of this Contract. However, if, in the opinion of the Engineer, it is in the interest of the City of Diamond Bar to close the street, the contractor shall close the street as directed by the Engineer. Full compensation for conforming to the requirements of this section shall be included in other items of work performed and no additional compensation will be allowed. The Contractor shall furnish all flagmen and guards and supply and install all signs, lights, flares, barricade delineators, and other facilities which are necessary to expedite the passage of public traffic through or around the work or to prevent accidents or damage or injury to the public or to give adequate warning to the public of any dangerous conditions to be encountered. The Caltrans "Manual of Traffic Controls" shall be used for all traffic control on this project. Subsection 7-11 SHORING OF EX AVATT(1N�C Shoring of excavations is not generally required on this project, however, the City's Engineer may determine that shoring is required in portions of the construction area, due to the type of trench excavation proposed by the contractor. The City has performed no soil testing to determine precisely what areas, if any, will require shoring. Shoring of excavation if required shall be in accordance with the requirements of Subsection 306-1, as amended, of the Standard Specifications, and shall meet all the requirements of the Construction Safety Orders of the Department of Industrial Relations, State of California and of OSHA. Approved protective fencing and barricading will also be provided by the Contractor as a part of this item. Prior to the required excavation the Contractor shall obtain all permits required thereby. The Contractor shall conform to the Section 6424 of the California State Labor Code regarding shoring and bracing of excavations. Of special importance in this regard is the following extract from said section: "For the excavation of any trench or trenches five feet or more in depth, the Contractor shall submit for acceptance by the awarding body, or by a registered civil or structural engineer employed by the awarding body, to whom authority has been delegated, in advance of excavation, of a detailed plan showing the design of 32 shorings, bracing, sloping or otner provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer". Full compensation for conforming to the requirements of this section shall be included in other items of work involved and no additional compensation will be allowed. Section 9 Measurement and Payment. Subsection 9-3 is modified by addition of the following Paragraphs: The Contractor agrees that the payment that 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. ProgreaL-Payments. The Contractor shall be entitled each month to a monthly progress payment in an amount equal to ninety percent (90%) of the estimated percentage of actual work completed by the end of the preceding calendar month, based on the contract price less all previous payments, provided that in all events the City shall withhold no less than ten percent (10%) of the contract price until final completion and acceptance of the work. The contractor may substitute in lieu of cash retention. This payment on account shall in no way be considered as an acceptance of any part of the work or material of the contract, nor shall it in any way govern the final estimate. Final Payments. After the completion of the contract, the Engineer shall make a final inspection of the work done thereunder, and if entirely satisfactory and complete, the City shall pay 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. 33 SP19 S to PE — i 2. o L, qC P, TURF — I -7 /,(� S . F. CITY OF DIAMOND BAR STATE OF CALIFORNIA FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 41 THE CITY OF DIAMOND BAR The City Clerk of the City of Diamond Bar, California will receive at her office in the City Hall, in said city, until 10:00a.m., Thursday, March 23, 1995 sealed proposals for the performance of the above described services. A walk through will be conducted on Wednesday, March 8, 1995 at 1:00p.m. 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 V"ORTANT NOTICE TO BIDDER Notice is hereby given that the City of Diamond Bar is soliciting bids for maintenance services for Lighting and Landscape District 41. A Maadal= bidders conference and inspection of the areas to be maintained will be held at 1:OOp.m. on Wednesday, March 8, 1995 at Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California. Bids will be accepted until 10:OOa.m. on Thursday, March 23, 1995 at Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California 91765, at which time and place said bids shall be publicly opened, examined and declared. Inquires regarding these specifications can be directed to Bob Rose, Director of Community Services, (909) 396-5694. Upon receipt of this proposal, contact Bob Rose, Director of Community Services, at the City of Diamond Bar with the name of a contact person within your company. Failure to provide the City with this information may result in improper distribution of updated materials regarding the bid documents. The City will not be responsible for information not being distributed to the proper person. SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 41 IN THE CITY OF DIAMOND BAR TABLE OF CONTENTS NOTICE OF INVITING SEALED BID INFORMATION FOR BIDDERS SCHEDULE OF PRICES BIDDER'S PROPOSAL CONTRACTOR'S INDUSTRIAL SAFETY RECORD SUBCONTRACTOR LIST NON -COLLUSION AFFIDAVIT FAITHFUL PERFORMANCE BOND LABOR AND MATERIAL BOND BIDDER'S BOND AGREEMENT SPECIAL PROVISIONS EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT "D" 1 6 12 13 15 16 18 19 20 21 22 29 SP19 SP20 SP22 SP23 RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE LANDSCAPE AND IRRIGATION MAINTENANCE OF LIGHTING AND LANDSCAPE DISTRICT NO. 41 IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to maintain certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the maintenance of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the plans and specifications for the Landscape and Irrigation Maintenance in Landscape and Lighting District No. 41. SECTION 2. That the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: 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 10:00a.m. on Thursday, March 23, 1995 sealed bids or proposals for the Landscape and Irrigation Maintenance in Lighting and Landscape District No. 41 in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for Lighting and Landscape Maintenance District No. 41 in the City of Diamond Bar". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or 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. N The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standard, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied bythe City of Diamond Bar to the difference between the low bid and the second lowest bid, to the lowest bidder. and the surplus, if any, shall be returned The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any 3 work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed at the time of award in accordance with the provisions of the contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. A C-27 license is required. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of $15.00, said $15.00 is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non -reimbursable payment of $5.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 9-3 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). 4 The City of Diamond Bar, California, reserves the right to reject any and all bids. The Engineer's Estimate is: $ 45,000 By order of the City Council of the City of Diamond Bar, California. Dated this day of 1995. PASSED, APPROVED AND ADOPTED this day of 1995. MAYOR ATTEST: CITY CLERK I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the_day of 1995 b the following vote:y AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar 5 INFORMATION FOR BIDDERS 1. PREPARATION OF BI 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. 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, GiIARANTEF. Each proposal shall be accompanied by cash or by a cashiers or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guaranty that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed. 3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS• Changes in or addition to the bid form, recapitulations of the work bid upon, alternative proposals or any other modifications of the bid form which is not specifically called for in the contract documents may result in the owner's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered but a telegraphic modification may be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DURCEFEANCIRS IN PR()MAL, 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. R1 6. BIDDER'S EXAMINATION OF SIM Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7.WITHD�I AWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8• INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall he allow any subcontractor to commence work on this subcontract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer or insurers, satisfactory to and first approved by the City in writing. Certificates of insurance in the amounts required shall be furnished by the contractor to the City prior to the commencement of work. The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. The contractor shall maintain public liability insurance to protect said contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said contractor and the City against loss from liability imposed by law, for damage to any property, damage insurance shall be maintained by the contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $500,000 for one person injured in the accident and in the amount of not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $500,000 with respect to any property damage aforesaid. The City shall be named a co-insured regardless of fault. The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made 7 under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9. INTERPRETATION OF PLANS AND DOCUMENTSP If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the Owner a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. DISQUALIFICATION OF BIDDERS More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. 11. AWARD OF CONTRACT,• The City may award the contract to the lowest responsible bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be compared on the basis of the lowest possible cost relative to the alternate or alternates selected and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals. However, the award may be made after said period if the successful bidder has not given the City written notice of the withdrawal of his bid. 12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid, or on the base bid and any alternate or combination of alternates. 13. COMPETENCY OF BIDDERS:. In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. 14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code). Forms for this purpose are furnished with the contract documents. 15. WORKMEN'S COMPENSA Qi In accordance with the provisions of Section 3700 8 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the Owner the following certificate prior to performing the work under this contract: "I am aware of the provisions of Section 3700 of the Labor code which require compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 16. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the Owner, will be held for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 17. EXEC[ZTION OF ONTRACT• The bidder to whom award is made shall execute a written contract with the City on the form agreement provided, and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be readvertised. 18. "OR EQUAL!. Pursuant to Division 5, Chapter 4, Article 4 (commencing at S4380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 19. EMPLOYMENT OF APPRFNTIrFc The contractor, and all subcontractors, shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the contractor and all sub -contractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR). 20. EVIDENCE OF RFSpONg1B1 rTv• Upon the request of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 21. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. Pursuant to Labor Code Section 1775, the Contractor shall forfeit as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor 'Code are on file and available for inspection in the office of the Department of Industrial Relations, Division of Labor Statistics and Research. 22. PERMITS F AND S• The Contractor shall possess a valid License to do business in the City of Diamond Bar prior to the issuance of the first payment made under this contract. 23. NO RFF1jND FOR DRAWINGS AND spEci purchasers are advised that upon payment of the appropriate purchase price, the set of contract drawings and specifications become the property of the purchaser and are not to be returned to the City of Diamond Bar. 24. AWARD OF CONTRACT- The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. 25. DUAN IES- The quantity of work for the unit price items to be done under the contract, as noted in the Schedule of Prices, is an estimate and is not to be taken as an expressed or implied statement that the actual quantity of work will correspond to the estimate. The right is reserved by the City of Diamond Bar to increase or decrease or to entirely eliminate items from the work if found desirable or expedient. The Contractor will be allowed no claims for anticipated profits, loss of profits or for any damages of any sort because of any difference between the estimated and actual quantities of work done or for work decreased or eliminated by the City of Diamond Bar. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 26. WITHDRAWAL OF BIDS; The bidder may withdraw his bid at any time prior to the date and hour set for opening of bids upon presentation of a written request to the City's Engineer signed by an authorized representative of the bidder or by the person filing the bid. 27. INVALID PROPOSAL S• Proposals submitted by telegraph and those which are not logged in at the office of the City Clerk of the City of Diamond Bar, prior to the date and hour set for receipt of same will not be considered. 10 28. ALTERING PROPO ALS • The wording of the proposals shall not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. Erasures of interlineations in the proposal must be explained or noted over the signature of the bidder. 29. ACCEPTANCE OR FTECTION OF BIDS• The City Council of the City of Diamond Bar reserves the right to accept any bid or reject any or all bids and to waive any informality or defects in bids received as the best interests of the City of Diamond Bar. Proposals in which the bid prices are obviously unbalanced may be rejected. Proposals in which a bid item is left totally blank will be considered as being nonresponsive and automatically rejected. 30. BID pgiCES AND AGREEMENT OF FIGURES: If a unit price bid item total amount arrived at by multiplying the unit price times the quantity does not agree with the total amount entered for the item or if the total amount is not entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in a unit price bid item the total amount is entered for the item but not the unit price, the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid on individual items (if called for) do not add up to the total amount shown, the correctly added total of the individual items shall prevail over the total amount. 31. ADDENDA TO ONTRAC'T D IJMFNTCe The Engineer may, from time to time, issue addenda to the contract documents during the period of advertising for bids, for the purpose of clarifying or correcting special provisions, plans or bid proposal. Purchasers of contract documents will be furnished with copies of such addenda, either by first class mail or personal delivery, during the period of advertising. The addenda will be sent to the address the purchaser of the contract documents left with or furnished the City of Diamond Bar at the time the purchase was made. 11 CITY OF DIAMOND BAR SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 41 DESCRIPTION MONTHLY ITEM DESCRIPTION UNIT MONTHLY PRICE NO. QUANTITY PRICE IN WORDS IN FIGURES 1 Lump Miscellaneous landscaping in Sum Maintenance District No. 41 (See attached Map) TOTAL ANNUAL, PRICE (in words) BID SUBMITTED BY COMPANY NAME ADDRESS PHONE (_) SIGNATUE 12 (in figures) DATE CITY ZIP FAX (_) ANNUAL. AMOUNT BIDDER'S PROPOSAL FOR THE ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 41 IN THE CITY OF DIAMOND BAR, CALIFORNIA To the City Council of the City of Diamond Bar: Date 19 The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: (If the bidder is a corporation, give the name of the corporation and the name of its President, secretary, treasurer, and manager. If a copartnership, give the name under which the co -partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any person, firm or corporation. (c) That he has carefully examined the location of the proposed work, and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith. (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are but estimates, and that the unit prices will apply to the actual quantities whatever they may be. 13 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 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification Bid Date This information must include all construction work undertaken in the State of California by the bidder and any Partnership joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, bidder. The bidder may attach an corporation or individual Y y additional information or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. 5 Calendar Years Prior to Current Year 1991 1992 1993 1994 TOTAL CURRENT YEAR I. No. of contracts 2. Total dollar amount of contracts (in thousands of $) 3. No. of fatalities 4. No. of lost workday cases 5. No. of lost work day cases involving Permanent transfer to another job or termination of employment 6. No. of lost workdays* *The information required for these items is the same as required for column 3 to 6, Code 10, Occupational Injuries, summary - Occupational Injuries and Illnesses of these records, OSEA No. 102. The above information was compiled from the records that are available to me at this time and I declare under perjury that the information is true and accurate within the limitations of these records. Name of Bidder (print) Signature Address State Contractors' Lic. No.& Classification City Zip Code Telephone 15 In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one Percent 0%) of the general contractor's total bid, and the portion of the work which will be done by each subcontractor. Name under which Sub- License Address of Office Specific Description of Contractor is licensed Number Mill or Shop Sub -Contract work & portion of the work If the bidder fails to specify a subcontractor for an er agrees to Perform the work with his own crews. (Alternative subcont actors forrtion of the { the same dwork are Prohibited by provisions of the California Government Code.) Dated Bidder Signature Signature 16 Accompanying this proposal is (Insert "$ 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). Bid price indicated refers to all items illustrated on plans and details, and delineated within specifications installed and completely in place in accordance with all applicable portionsthe construction documents and include all costs connected with such items includin for Contractor. g,butt of necessarily limited to, materials, transportation, takes, insurance, labor, overhead, and profit, All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) SIGNATURE DATE ADDRESS CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. - CLASSIFICATION - EXPIRATION DATE I declare under penalty of perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 7028.15. CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER 17 NONCOLLUSION AFFIDAVIT State of California ) County of Los Angeles ) SS. is being first duly sworn, deposes and says that he or she of arty making the foregoing bid that the bid is not made in the interest of or on behalf ofpany undisclosed Person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any other bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, orcenference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bids are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) Subscribed and sworn to before me this day of 1995. Notary Public in and for the County of Los Angeles, State of California My Commission expires , 1995. is FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of ($ Dollars of which sum, will and truly l to be made, e bind ourselves, jointlawful money of the United States of y seveoral t firml went these presents. Y by THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the Provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the contract is hereby waived by such Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this , 1995. day of PRINCIPAL SURETY (SEAL) (SEAL) 19 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, AND as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of DOLLARS ($ ) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed contract with said City for construction of the work under the City's specification entitled and is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if said Contractor in said contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said IN WITNESS WHEREOF, we have hereunto set our hands and seals this , 1995. day of PRINCIPAL SURETY BY: By: (SEAL) (SEAL) 20 BIDDER'S Bvnrli KNOW ALL MEN BY THESE PRESENTS, THAT WE, as principal, and as surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on Thursday, March 23, 1995 for the Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 41 in the City of Diamond Bar. NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A. D., 1995. (seal) (seal) (seal) PRINCIPAL (Seal) SURETY (seal) ADDRESS (Seal) NOTE: Signatures of those executing for the surety must be properly acknowledged. 21 KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 41 in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GEN 'RALSCOPEOF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 41 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 DOCTJMFNTc Tri BE o 'ONSjpFREp COMPLEMENTARY, The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CO jTBAQj 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 22 liquidated damages :.� ,hc ainuunE or one-nundred ($I00.00) 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. INSURAN(`F• 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 Incur = Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 23 6) Automobile - Propercy Damage 3z5v,Uw 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 insured and other provisions required herein. 5. PRE VAI .TNG 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 24 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. APPREEMCESHIP EMP .nYMENT• In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the 25 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 LIABILITY6 The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor or his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the 26 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-DISCRIMINATION• No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of section 1735 of said Code. 11. CONTRACT PRICE AN PAYM NT• 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 ,1995, in the total amount of $ The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional 1 year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 28.02 of specifications, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensations as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim - Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, as its discretion, 27 substitute for the Index such other similar index as it may neem appropriate. 12. ATTO NF Y"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. 13. TERMINATION: This Agreement may be terminated by City upon the giving of a written "Notice of Termination" to contractor at least thirty ate of termination specified in said notice. In the event of such terminationconractorshall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date APPROVED AS TO FORM City Attorney Date Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time 28 By: Name Title CITY OF DIAMOND BAR, CALIFORNIA By: Mayor City Clerk SPECUL PROvisioxs ► �: •►�ONVE81� All work shall be done in accordance with the 1994 Edition of the Standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, Plans, Standard Construction Drawings and these Special Provisions. Section 2-1. Award and ExecC'Ontrart le amonii--I t--- the foil is vi (a) Examination of ificationc penial Provicionc and Site of Work: The bidder is required to examine carefully the site and the proposal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, including all installations and utilities, whether underground, surface or overhead, as to the character, quality and quantities of work to be Performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. (b) PL000sal 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) &iection of PlQRQsale Coitainine Altera i n , Erasures or IrrePularities: Proposals may be refected if they show any alterations or form additions not called for, conditional or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. (d) Bidder's QuUmUyu All proposals shall be presented under sealed cover and shall be accompanied by cash, cashier's check or certified check payable to, or bidder's bond in favor of the City of Diamond Bar in an amount of said proposal, and no proposal shall be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. (e) Award ofContract: The award of the contract, if it be awarded, will be to the 29 lowest responsible bidder. (fl Betum of Bidder'c UaMflj . proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. The Notice Inviting Sealed Bids, Proposal, Bonds, Instructions for Bidders, General Provisions and Detail Specifications, shall be deemed incorporated in the contract by reference. A corporation to which an award is made will be required, before the contract is finally executed, to furnish evidence of its corporate existence that the officer signing the contract and bonds for the corporation is duly authorized so to do. Subs ion 2-5. l _ P1 nc nd 12ec�ifiQati ins ro„ by 1� addition of the f,,��,,��''., ••,,• illidi is mPnrlPci folly. An addendum to these specifications may be issued by the Engineer at any time prior to the bid opening. This section is modified by addition of the following subsections The Contractor shall notify Underground Service Alert (USA) at 1-800-422-4133 two working days prior to the start of any boring or excavating operations. The Contractor shall notify the owners of all utilities 48 hours before start of construction. The utility owners listed may be contacted as indicated. Utilit I Owner Identification. Utility owners who may have facilities which may affect the work are as follows: General Telephone 1400 E. Phillips Blvd. Pomona, California 91766 (909) 865-3307 Southern California Edison Company 800 West Cienega San Dimas, California 91773 (909) 592-3724 Walnut Valley Water District 271 South Brea Canyon Road Walnut, California 91789 (909) 595-7554 30 Southern California Gas Company Distribution Department 920 S. Stimson Ave. City of Industry, Ca 91745 (909) 394-4327 Underground Service Alert 1 (800) 422-4133 Subsection 5-2 Protection. The Contractor is hereby alerted to the existence of all utility lines shown on the plans. The Contractor shall carefully protect all lines during the course of construction. The Contractor is cautioned to protect existing utilities and their appurtenances which may be within the work area. Particular attention shall be given to water valves. Prior to commencing construction the contractor shall submit for approval a construction schedule. 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 ontra�tnr' R spon ibili yfor Work. Until acceptance of the work in writing by the City of Diamond Bar, the contractor shall have the charge and care of the work site at all times and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non execution of the work. The contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof. The City of Diamond Bar permits stockpiling of excavation material and/or construction material only in an authorized location. This requirement also applies to the location of a material and equipment yard and a construction office. All existing improvements (except utilities) which are removed or damaged during the course Of construction of the project shall be restored to a condition equal to or better than, in all respects, the existing improvements removed or damaged unless otherwise specified or noted on the drawings. 31 Full compensation for conforming to the requircincnts uC WIS section matt be included in other items of work performed and no additional compensation will be allowed. Subsection 74 1 D Aratinn of nntraQ The Contractor shall begin work on or before the date of a writtenshall "Notice to Proceed" and e e entire prynj�,.r work within cixly (job calendar avc Subsection 7-lo.1 _ Traffi and ArcPcc by addlt��n of hP folly": No public street, or portion thereof, may be closed to through traffic as a part of this Contract. However, if, in the opinion of the Engineer, it is in the interest of the City of Diamond Bar to close the street, the contractor shall close the street as directed by the Engineer. Full compensation for conforming to the requirements of this section shall be included in other items of work performed and no additional compensation will be allowed. The Contractor shall furnish all flagmen and guards and supply and install all signs, lights, flares, barricade delineators, and other facilities which are necessary to expedite the passage of public traffic through or around the work or to prevent accidents or damage or injury to the public or to give adequate warning to the public of any dangerous conditions to be encountered. The Caltrans "Manual of Traffic Controls" shall be used for all traffic control on this project. Subsection 7-11 RH(iRTwt OF XCAVA11l1NC Shoring of excavations is not generally required on this project, however, the City's Engineer may determine that shoring is required in portions of the construction area, due to the type of trench excavation proposed by the contractor. The City has performed no soil testing to determine precisely what areas, if any, will require shoring. Shoring of excavation if required shall be in accordance with the requirements of Subsection 306-1, as amended, of the Standard Specifications, and shall meet all the requirements of the Construction Safety Orders of the Department of Industrial Relations, State of California and of OSHA. Approved protective fencing and barricading will also be provided by the Contractor as a part of this item. Prior to the required excavation the Contractor shall obtain all permits required thereby. The Contractor shall conform to the Section 6424 of the California State Labor Code regarding shoring and bracing of excavations. Of special importance in this regard is the following extract from said section: "For the excavation of any trench or trenches five feet or more in depth, the Contractor shall submit for acceptance by the awarding body, or by a registered civil or structural engineer employed by the awarding body, to whom authority has been delegated, in advance of excavation, of a detailed plan showing the design of 32 shorings, bracing, sloping or other provisivn5 co be maue for worKer protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer". Full compensation for conforming to the requirements of this section shall be included in other items of work involved and no additional compensation will be allowed. Section 9 Measurement and pay en . Subsection 9-3 is modified by addition of the following Paragraphs: The Contractor agrees that the payment that 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 PayMentg The Contractor shall be entitled each month to a monthly progress payment in an amount equal to ninety percent (90%) of the estimated percentage of actual work completed by the end of the preceding calendar month, based on the contract price less all previous payments, provided that in all events the City shall withhold no less than ten percent (10%) of the contract price until final completion and acceptance of the work. The contractor may substitute in lieu of cash retention. This payment on account shall in no way be considered as an acceptance of any part of the work or material of the contract, nor shall it in any way govern the final estimate. Fin* After the completion of the contract, the Engineer shall make a final inspection of the work done thereunder, and if entirely satisfactory and complete, the City shall pay to the Contractor an amount which, when added to the payments previously made and deductions allowable to the City, will equal ninety percent (90%) of the contract price. Thereafter the balance of the contract price remaining unpaid shall be paid 35 calendar days after the recording of a Notice of Completion by the City. The payment of the final amount due under the contract and the adjustment and payment for any work done in accordance with any alterations of the same shall release the City from any and all claims on account of the work performed under the contract or any alterations thereof. 33 CITY OF DIAMOND BAR ,,�°° AGENDA REPORT AGENDA NO.: (O•e TO: Terrence L. Belanger, City Manager MEETING DATE: February 21, 1995 REPORT DATE: February 14, 1995 FROM: George A. Wentz, City Engineer TITLE: A Resolution of the Council of the City of Diamond Bar Approving Plans and Specifications for the Construction of Sidewalks on Diamond Bar Boulevard Between Fountain Springs Road and Pathfinder Road, in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. SUMMARY: Under the 1994-95 Los Angeles Urban County CDBG (Community Development Block Grant) Program, $91,710 of CDBG federal funds was unallocated. At the January 17, 1995 City Council meeting, these unallocated funds were allocated towards the construction of sidewalks on Diamond Bar Boulevard from Fountain Springs Road to Pathfinder Road. 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 Sidewalks on Diamond Bar Boulevard from Fountain Springs Road to Pathfinder Road and authorize the City Clerk to advertise the project for bids. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification X Resolution(s) X Bid Specifications (on file in City Clerk's Office) Ordinances(s) _ Other Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the 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 In REVIEWED BY: Terrence L. City Manager GeJgU A. W� C' y Engin CITY C0VN(41L REIDORT AGENDA NO. MEETING DATE: February 21, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: A Resolution of the Council of the City of Diamond Bar Approving Plans and Specifications for the Construction of Sidewalks on Diamond Bar Boulevard Between Fountain Springs Road and Pathfinder Road, in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. ISSUE STATEMENT To construct sidewalks on Diamond Bar Boulevard between Fountain Springs Road and Pathfinder Road. RECOMMENDATION That the City Council adopt Resolution No. 95 -XX approving the bid specifications for the Construction of Sidewalks on Diamond Bar Boulevard from Fountain Springs Road to Pathfinder Road and authorize the City Clerk to advertise the project for bids. FINANCIAL SUMMARY The Engineer's estimate is approximately $85,000.00. $91,710 of CDBG federal funds has already been approved and incorporated into the FY 1994-95 budget for these sidewalks. BACKGROUND/DISCUSSION Under the 1994-95 Los Angeles Urban County CDBG Program, $91,710 of CDBG federal funds was unallocated. At the January 17, 1995 City Council meeting, these unallocated funds were allocated towards the construction of sidewalks on Diamond Bar Boulevard from Fountain Springs Road to Pathfinder Road. Staff has prepared the bid specifications for the construction of sidewalks at 2 locations in Diamond Bar, as reflected in the attached Appendix A. A total of 2,460 linear feet of sidewalk will be constructed. These specifications were reviewed and approved by the Office of Affirmative Action on February 14, 1995. The work to be performed under the specifications consists of the construction of new sidewalk and other incidental and appurtenant work necessary for the proper construction of the contemplated improvements in the following areas: - LOCATION: FROM: TO: • W/S Diamond Bar Boulevard Fountain Springs Road Pathfinder Road • E/S Diamond Bar Boulevard Shadow Canyon 300' N/O Shadow Cnyn. 1 PAGE 2 SIDEWALK CONSTRUCTION FEBRUARY 21, 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 twenty (20) working 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 for approval and authorize City Clerk to advertise for bids Bid Opening Award of Contract Notice to Proceed Start of Construction Completion of Construction Prepared By: Anne X. Garvey 2 February 21, 1995 March 16, 1995 April 4, 1995 April 4, 1995 April 10, 1995 May 5, 1995 APPENDIX A LIST OF NEW SIDEWALK LOCATIONS 1. W/S DIAMOND BAR BOULEVARD: BETWEEN FOUNTAIN SPRINGS AND PATHFINDER: LENGTH = 2,160 L.F. 2. E/S DIAMOND BAR BOULEVARD: BETWEEN SHADOW CANYON AND PATHFINDER: LENGTH = 300 L.F. ---------------------------------------------------------------------- - .. g�\ v s •" i ♦ X3`0 o •S'rs, ♦'� • i 4� ? Y ♦o r o 1'1 ur i ,� 3 \ o i ,►ti � � err •+ „• ri LO Ste/ � �C.\ %��t ♦ 9 ,� �j� � a .Q J � .� NEW SIDEWALK ON WESTSIDE OF r \ +°+ ♦ �°j, �_ _ _ _ _ fir,, •� / i� DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS AND s, \f PATHFINDER o, \s, �ft \ 11 0 is 16 pp \' \ � •� ~ \ J �_/vim I a 99 so / J V \ � ,,� �' ^ e far J11'1�• [ a � 1 1:/ // o n• ♦ � r 37 \ • et .0' I Ij o t i y \ t �• ,tG•1 �i � / ftw' S w•f it \ \.`• P , 'n . b // 0e, 9 °°per c \ � � W vv 10 io7 too WI IOz lo3 lo. los " I 10i • f Qi j SS +`� ; r, Q • N 0 c 1 o R C E �s 9 cn rp;�- � i f TR N0 a 3 0 0 9 1 o; tl M B 789 51 - 75 i sag ti' i� mc v� TR`N0 38454 A`\ MB 1050 - 40 - 42 CON00 CD v ol ti r' M 10 n ` \ ' G � \ O I 'a S 4i � , N• J N 3. 33 NEW SIDEWALK ON EASTSIDE OF + \ �( 8 ` 4 o ' DIAMOND BAR BOULEVARD BETWEEN SHADOW CANYON AND rr • \' \ s 9f' 1 ; ar ': yRt 300' NORTH OF SHADOW CANYON 7 \ \ +,r.i r fr Vwr W \ V. 71 7:70 na .+ • r 3 J / ` Sae /� / y //. �; .. It >♦ .a + `� r' so try• \ `'. t• 46 w, �7.. s _ 10. 107 103 loa ios we 107 r/ \ \`� j 00 99 si° • J ° f 0 1 4 2 'ie` i i7�lt� t a t. .Y• RESOLUTION NO. 95- A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF SIDEWALKS ON DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND PATHFINDER ROAD, 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 Sidewalks on Diamond Bar Boulevard 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 sixteenth day of March, 1995, sealed bids or proposals for the "Construction of Sidewalks on Diamond Bar Boulevard between Fountain Springs Road and Pathfinder Road 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 Sidewalks on biamond Bar Boulevard between Fountain Springs Road and Pathfinder Road 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 E C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship 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. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and a labor and material bond in an amount equal to one hundred (1000) 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 profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by 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 twenty-first day of February, 1995. PASSED, APPROVED AND ADOPTED by the City Council of the City this 21st 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 twenty- first 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 E1 C l-1 i Ur UTANILV1111J DAK AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: February 21, 1995 REPORT DATE: February 15, 1995 VIA: Terrence L. Belanger, City Manager FROM: Frank M. Usher, Assistant City Manager ISSUE: On February 1, 1994, the City Council approved an appropriation of $60,000 for additional library services on Thursdays and Saturdays through June 30, 1994, to be paid at the rate of $1,500 per day. The actual amount paid under this action was $58,500. DISCUSSION: In the Budget for Fiscal Year 1994-1995, the Council provided an appropriation of $160,000 for continuation of these services. Because other funding actions by Los Angeles County were expected, and their impact were not known in the early part of the Fiscal Year, a formal agreement for the Thursday and Saturday service was not finalized, although the service was continued. We have received an invoice in the amount of $52,500 for this service during the four month period of July through October, 1994. The invoice also indicates that the Library "will need no further financial assistance for the remainder of this Fiscal Year." Also, in January 1995, the County funded service was expanded to Monday through Saturday. RECOMMENDATION: It is respectfully recommended that the Council ratify an extension of the agreement for Thursday and Saturday service at a rate of $1,500 per day for the period of July through October 1994. Payment of the invoice for this period is included in the warrant register for this meeting. ---------------------------------------------------------------------------------------------------------------------------------------- EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terr nce L. elanger City Manager Frank M. Usher Assistant City Manager AGENDA ITEM NO. 6.10 NO DOCUMENTATION AVAILABLE AGENDA ITEM NO. 8.1 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: February 21, 1995 REPORT DATE: February 13, 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. The Purchasing Ordinance was approved for first reading at the February 7, 1995 City Council Meeting. Staff has not received any additional comments regarding the Purchasing Ordinance. RECOMMENDATION: It is recommended that the City Council approve, for second reading and adoption, by title only, Ordinance No.2 (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). " EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? X Yes —No MAJORITY N/A _ Yes —No _ Yes X No 5. Are other departments affected by the report? X Yes —No Report discussed with the following affected departments: All Departments are affected. REVIEWED BY: I, T&rence L. Bela4jr City Manager Frank . Usher Ke lee A. Fritzal Assistant City Manager Administrative Assistant 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, Part A herein. Section 2. The following provisions are hereby adopted as the Purchasing Ordinance of the City of Diamond Bar to read, in words and figures, as follows: PURCHASING ORDINANCE Sections: 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. 2 (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. (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 i viduals or organizations possessing a high degree of professional, unique, specialized, technic skill or expertise, not adaptable to competitive bidding, or where the service involves a contract for special activities, negotiations and for the acquisition of land, trash services, insurance bonds or any other service of a similar nature to the above engaged for a particular project or series of projects. Contracts that are within formal bidding requirements must be approved by the City Manager and City Council prior to execution. (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 forbids. (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 shall 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: 3 (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 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, and where legally required to do so, shall authorize in writing or verbally, 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. This ordinance does not apply to contracts to print legal briefs or legal notices, contracts for professional and other services or items which are in their nature unique and not subject to competition or other services for which by law another officer or body is specifically charged with obtaining. 4 Section 3.24.060 Requisitions - 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 Funds - 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/Open 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 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, 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. (d) If, at the discretion of the purchasing agent, 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. 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 and receive 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 security; provided that a successful bidder shall forfeit his bid security upon refusal or 3 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 bidders at the time of the bid opening. Section 3.24.140 Sole Source Procurement- In which situations that 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 purchasing ordinance. Section 3 24 150 Cooperative Purchasing Programs - 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 through the State, the county, or other governmental agencies will result in savings to the City, the City is authorized to make such purchases. 7 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 3.24.170 Use of Recycled 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 Bidding for Public Works Projects - 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 ($10,000) 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 over ten thousand dollars must be approved by the City Council. In the case of Professional Services, where there does not exist a 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 =lus Personal Property- The City Manager is authorized to determine 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. (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 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 , 1995. 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 , 1995 and was finally passed 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: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: LYNDA BURGESS, City Clerk City of Diamond Bar E DIAMOND BAR CITY COUNCIL RULES (ALSO APPLIES TO COMMISSION AND COMMITTEE MEETINGS) PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of interest which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in person to the City Clerk. As a general rule the opportunity for public 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 towards 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 Board Room any person who commits the folowing 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 staff 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 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. C. Disobedience of any lawful order of the 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. For comparison, attached are copies of the Board Rules of the MTA and Los Angeles Board of Supervisors as well as written comments received from Al Rumpilla. I . .. v W. * . . r I . . .. . r.. 1 . V d - V I I -o 0 • 1 1- ' ■ 4' I M; I I I IS P W 4 i M.*- d 1" W ,.6 . s. r }1' The mer" of the &=rd of supervisors an open to the pubM A member of the publla May address the Board an one agenda item per meting, and a request to aiddr w the Boatel MUS be submMed In person to the Ixeautive Ofncer of the Board prior to the start of itis meeting, Tbs Hoard may rima %4 publio input on MW Item, based on the ttwmber of people requesting to speak and the bueinew cr the Board. In addition, a member of the public has the rWA to address itis Board an items of Interest which are within the ag&ot matter MftcUon of Me Board. A per- son inlay snake one preeatation in any three month period, an a non agada item, but the p-;*esenMUM shill nit sand three minutes In Isngth. Not mare than rive Pam= may addra the Aazd on n=40m& hams at +V meeLlag. In awordenoe With the Brom Ant, all manors to be &GW an by the Board must be poew as meant 72 bona's prlw to itis Board mseling. In ages of an e®ar- Vngy, cw when a sukaeat matter needs Immedlate acwoaa or comes to the alien• UM of the Board suboegttsttt to the agenda being poeoed, upas makcina aminin '• '= fludho, itis Board may gat an an ittm UM wane W% on the P agends, The majority of the Boatd's TuWa agenda Is bwsioelly a ooaas A eaIgwdex. After the Iuooeatlon and Pledge of Allegiarm, the Chair of the Hoard will request the' meonttve Offiosr to ma the agatda. The aunzwe O[Yiaer wm in& INN whloh Items have been req«asted to be bold for discussbn or aoaatlnuauM, =4 the remaining "ms wM be approved. Items whiah an set few a time aer- Wn may or may not ba cal2ed up at exactly the utas indicated, depead3ng on UN businwo of the Hoard. The item that ars held fqP dim-iseion UUW be taken up at xzW time, depending on ft bugs== of the Board. The agenda la Aroc cared atpheZ N by Thr la a brief m=marl of the departm re's v ica smsnded acsion, sad ffi Moet butateoes, a oCXTONP XWC ren atameaMAM &= tlw thief Aam�olpdrea!Vie Ofrkw, 1920ated to ON" Iet m lbabbd at the end of ea& aSmIa, ars I=s why haat boa aoa*zued frcm pore* aus taGMIP for ftin*jrr dlsous IM and alum Fibs Boatel. Tis MUM at itis agenda► is mommonb referred to as lbs 9A•1Eem AMOW . At itis re+gusst of a a 4m visoar, risme aaa itis A -lb m agcnaa ® be caned up for aoos111 64an at aW nms. The Board his adopted s 94 of rWw for oondu t. during the Board MeeLingt. The fbIlwhV aaaoerp6 from trA duke adopted Wes of Lbs Board pertalne to oonduct in Me BOOM Room: 8eotton 1-0. RMOVAL PWII TEX BOARD ROOM. The CheIr shark order removed from the Board Room Lay person who oosonn= itis WowW acts to respe4 to a regular or :pedal meeting of Uw Board of SuperPl#aes.1 00 Dlsorderfn oontempwoas or inamiM behavior toward the Board at MW member tbe(Wf, tenOW to iatevvpi Me due and nun" aouree at said Meetim ff 4 v�+inttrei e"TA I'm Pide it &x- Hove:•) COMMCT IN TM 84AM0 ROOM (101001121) Cb) a brew,, at UW Veuve, bG6ster= aorAoat or vkMA dIJMVb&nM tetkC4 to interrupt the duo ind °'rdar)y 0ourse of said matting (o) � of any lawful order of the Chau, rWhMb &0 include an order ao be eeatawato r hin from addneeei4 the Board: and (M "Y other Unj&"ft with tAe due =d Mdff W MAW of said meeJn& AM p � removed a1�1 be eyce3uciad fi�am it�er� � dknd Ix � from Which fisc Lae bees vvoe � BomdjTnj �h � be e.�a� mo�iaaadopted by a ao by W Chair• by Lha eg Arms upon bMg Agendas for the Board mestinp are prepared by the Easoutivs Otiioe on Wsdaeedey &fUmnoovs and are avatlab3e on Thursda3► aoppc�r�g docau arts are also available UO3 oompA,er a phoes modem. A euppirmM".. a sed correattons, after - additions or d,SteRions to the stend& is &T&Mb is are Also available va nos. The a and elec�ro�oAilY, as gibed above. gvM mum of the Board of &fPwvisora .is recorded an' ossaetts tiAAB, and e� duplfaate Lopes an available fbr a namsaal oMV- Atber UM Bosi�d m�eetiag a st&WMMb CC The • road mosage is ft aomoas taken bj► the Hoard, the Hoard =oft& wblch items wm�e Avaflayle tmmed�vi tbbawip( appvved by the Hoard. The of pt'ooeedta� and sari are avw3abk .OUMM an I`t'id44 atteraoons MA mV be e+aoamed by 4 Per` wag aomputer and phone =dim The pSWOOMMOU at prooeedi� C80P) are ava9sbis the week Mowing tas m 0000 of False of Apedu�1� 9 4C14� 974.1484 po� at lea S of prdo ---- . (813) 974.1424 Cassettes Top* of meat44M .(213) 974-14114 TiSaaMipts of m~ - C81and 80p 918? 89+0-1 �8� or 48x1 a88 3) 974r 1067 Compt�r AMM to aged phone MMV rig &ago= of We Board - (813) 974-7807 General InfOMattoh • (213) 974-1411 LomI=T RMZMATION Air mreoa who seeks rapport oc mdat� h� Bowd of an air =afal aatson may be sntod to the provieioes of Loc AY #dM COURV COft Chapter a.190, rdsting to lobbyloW Violation at the iobt� ordi laM MAY reguN 3mTROPOLITAN TRANSPORTATION AUTHORITY BOARD RULES (ALSO APPLIES TO BOARD COMMITTEES) PUBLIC INPUT The meetings of the Metropolitan Transportation Authority Board are open to the public. A member of the public may address the Board on the subject of one o� more agenda items and/or other items of interest which are within the subject [natter jurisdiction of the Metropolitan Transportation Authority. The total present for any combination of agenda items and non -agenda items addressed shall not exceed two minutes in length. A request to address the Board must be submitted person to the Board Secretary. As a general rule the time and agenda order for public comment at each meeting will be 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 Board. 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 a committee composed exclusively of Board members. (Does not apply to Committee meetings). In accordance with State Law (Brown Act), all matters to be acted on by the MTA Board must be posted at least 72 hours prior to the Board meeting. In case of emergency, or when a subject matter arises subsequent to the posting of the agenda, upon snaking certain findings the Board may act on an item that is not on the posted agenda. CONDUCT IN THE BOARD ROOM The following rule pertains to conduct at Metropolitan Transportation Authority meetings: REMOVAL FROM THE BOARD ROOM The Chair shall order removed from the Board Room any person who commits the following acts in respect to a regular or special meeting of the MTA Board: a. Disorderly behavior toward the Board or any member of the staff 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 of the Chair, which shall include an order to be seated or to refrain from addressing the Board; and d. Any other unlawful interference with tete due and orderly course of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE BOARD Agendas for the Regular MTA Board meetings are prepared by the Board Secretary and are available six days prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. A supplemental agenda that includes corrections; additions or deletions to the agenda is available 72 hours prior to the meeting. The supplemental agenda is also available electronically. Every meeting of the MTA Board of Directors is recorded on cassette tapes, and duplicate tapes are available for a nominal charge. After each Board meeting, a record is prepared which indicates the actions taken by the Board. This record is available on the second business day following the meeting. DISCLOSURE OF CONTRIBUTIONS The State Political Reform Act (Government Code Section 84308) requires that a parry to a proceeding before an agency involving a license, permit, or other entitlement for use, including all contracts (other than competitively bid, labor, or personal employment contracts), shall disclose on the record of the proceeding any contributions in an amount of more than $250 made within the preceding 12 months by the party, or his or her agent, to any officer of the agency. Persons required to make this disclosure shall do so by filling out a "Disclosure of Contribution" form which is available at the LACMTA Board Meeting and its committee meetings. Failure to comply with this requirement may result in the assessment of civil or criminal penalties. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. A wheelchair ramp can be provided by giving notice at least three business days in advance of the meeting. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (213) 244-7451 between 8 a.m. and 5 p.m., Monday through Friday. Our TDD line is (800) 252-9040. HELPFUL PHONE NUMBERS Copies of Agenda - (213) 244-7211, 244-7213 Copies of Rules of the Board - (213) 244-7451 Copies of Record of Board Action - (213) 244-6581 Copies of Cassette Tapes of Meetings - (213) 244-6581 Computer Access to Agendas - (213) 244-6040 General Information (213) 244-7451 TDD line (800) 252-9040 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. 2 14 1 1 - AL RUNT LLA FACSIlVIILE TRANSMITTAL FORM DATE: February 3,1995 ATTENTION: Mr. Terrence L. Belanger FROM: Mr. Al Rumpilla :MC -7771-17 ' Dear Mr. Belanger: Would you please see that a copy of these two pages, be pass on to each of our Council members for Tuesday (the 7) council meeting Thank you On page 2 ,are my recommendations for changes that I feel should be made to the council's rules that have replace the mission statement on the back page of the agenda. I feel that who ever wrote the rules are trying to close the door to the public for future participation. W. Al Rumpilla. NUUMM CWPASS R4CUM JCS COVER SHMM TM LF AM ]?MW AU NOT RB=VW CALL (909) MI -MG FACCUM (FAX) NLAAt (909) W1 -MM DIAMOND BAR CITY COUNCIL N NMG RULES PUBLIC 1NPCT1' The aflbe Dimond Bar Cay Council are apeab do pudic A member aftbe pub is may addr dr ibe Council cuilte *Act afaae armors agenda deme. Arequadbaddrem6c Councilmgr vohmhry be arbmitted b the City Chdr. IncmhrtofKMded ibe meeting, pawn Whom idaeded podesfor an ilrmmry be r+equatb givellm it p esestrtian at ibe time dw item is cAed antbe agenda. Yaar auoperalk n is paddy apprecistA Inaecatthuce wig Stele Law (BROWN ACT'). all man be aged an by 9n Cily Council moat be poded at leart?2 horns pdwib Am Cauoc it mating In are of emagmey or vdrea a wbjed matter cried aubaegomt b the paitiog aftbe 800066 Upon mdCiog eaiain $odingr, the Council mg+ act an an item that i not on ltre ported agenda. CONDUCT IN THE QTY COUNCII. CHAMBERS The Chair:boll ardw removed foam the Council Ct mbers mor prion orb commie the following acb in rdpeetto areolar arq= d meeting of the Diamond Bw ChY Council A. Dboreleely bebaviorb haeatiaoally is/a:upttbe due sad aededy course afiaid medics. S Avioimt didwbsom utertioodly to iotmuptdo doe sod orderly course afmd mee/igg. C. Any emlaoeM ida£amce wi& the doe and cedeily cooAxt of said meedus ENMRMA71ON REL ATING TO AGENDAS AND ACMNS OF TER COUNCQ. Agenda fw&t regular Diamond BarCky Camemadirga are prrpwedbythe City Cladssod ane avaUMa 72 horns prior 1a ga nodiog. Agmdar are availade deckageo t and mg► be aecewed by a pawnsl a>lionemodem. Every medias of>be My Cauocil is recorded an cradle tapes sod duplicate bees are availoble for anomiod ADAAEQiJlxEMENT'S Aooedkw microphone h availoble iwthoae prion vd&mebft iwpairmeab wiwcsoaot aooew da pudic rpe ddoS a vL Sip Logasga interI m seeviow nos dw avWW& by steins notice at ladilm burioear days is advance afga madio& Please tdg600e (909) 860-24891 P P 8 am and 3 psa Mondry dwough Friday. HELPFUL PHONE NMIERS Copies of Agenda. Ames aftbe Council. Cardte Tapes of Mediepr (909) 860.2189 Caamputer Aooew b Agmdw (909) 860 -UM Geoaal Iedormdian (909)860.2489 CC: to all dy council membri CC: to city maosaw CC: to city adios 02/83/1995 18:59 909-861-0090 AL RLWILLA PAGE a - AL RL WHjLA DAM Februsy 3,1995 ATTENTION: W. Tarmce L BdmW FROM W. Al R=piH& Dear Mr. BehmW: Would you plow see *& a copy of dxw two paws, be pm an to am& of our Council memben for TucWq (ihe 7) council nmmft Think you. 0npage 2,are myiFrmv for chmgm OW I fcd sbodd be nude to the ==Ps ruka that hxvc replace the mission "mamt on to back pap ofdw agcndL I fed dud who am wrote the nda we ty* to clow the door ib the public fm fitum L0 Mr. Al R=MFIU 1FM1.W=A=WTn MCAMF" M4m 02/03/1995 18:59 909-851-8898 AL RLWILLA PAGE 02 DIAMOND BAR CITY COUNCIL WMEI O RMM 13.arnr./r eti�n+�■��ra�►tlo�an.grab��O.wa�r�i�e.c�.�i�e.b►.�8ar �a oo.d osda wdraetaeaar araaa. �aeea �e■rr. wn.�slb.aje..�.00wcr�q.o�■rl�e�,�s wi.�Wari.c�q►cs,,� badwbhcmbbddw--- o■�wbssl��WM11r#r�i��lan1*rtrobes* poodMlo miday stiWs aamdo#am&Yasraooparomba nlarapsar<,iaiad. h oomlow Law OWAMACI).#MalaW bb@BpM Mi dECIPCoMMatstbapoded 4I hod" how sriahaIS COMA, 06 i aaaa MOW obw wi p l � 1�p1�i,�Wdiaap■�d�apaas�;Igpa�erlaina■di�4aG�c�dfgaota�ar�laaai��aataa�e �aQMieia�a+4�wd/�lrQour�rYCfa�i■aagpawoaMiaaoe�4is�iv�dr4 �a��•a�faa ae�aeW aea�ia�d �a aiar.o.darCYq�, A.bsainetdMirleaa�il�s�traisaadari■baa■�wd�idaAaa S Ariataat�ieY�,q lalarlioa�albr to iMaa+rptia daa aad aNr�► aoaara daaN aar% Q Aaq�i■wddirrd�■oawir�aaaeaaiaade�b►aa�rdrotdaoidwaollq� , A�ia1 �t*asa��nia�ondSaeCa,CasaeYsaani� raepnpurd �j�LMy►CJaW asdassraWila TZla�pelab�ar� Awia..a..iYiladaWaaidob►aa�o►w.aoerrrrtbpr.p.ow.t aoonw aptiaMaseadara �M"ft atsecly Cowoli eaoodad as<twom brand � M wWjAhfwssaseW ADA !'/ waoedraarsioa�aiarriiieWr�aae0araasw�aolir4►1■rsi�rwiwi�saaraotaoaaarMpdYa ..,.:. is d� �� iiMarsea�raaerioa. a� da a.ilaW i4raieh;ar�llea re ia.atihal.iw dqa �loarsteyio■ao" 8004w Wwwa sm =#spa M=dW*M* rift. C4jhm dAvmk bias %fftCvmA Cmmdk qa a["lslf W 0"8604W Coupdo 'L Gond A" I"4N/MOi�li No►1s: A6.770N MAY TAM ONANY r= E30CIUM oldM AGDWA. m so aid4►ao..A ME&M Om odgr.orew m b dor aria INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Mayor Papen RE: Standards of Conduct: Council Meetings; Use of City Stationary and City Insignia; Council Member Relationships; Unauthorized and Inappropriate Conduct and Activities; Sanctions for Inappropriate and Unauthorized Conduct and Activities DATE: February 7, 1995 Members of the City Council have requested that an item be placed on the Council meeting agenda, which provides an opportunity for the Council 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, Councilmember 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 Councilmembers conduct and/or represent themselves to each other and the community. In order to achieve some 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. 4 RESOLUTION NO. 91-71 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING CITY COUNCIL STANDARDS OF OPERATION WHEREAS, it is important to the successful operation of any public organization that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization; and WRZUM, the establishment of standards. by the City Council will promote understanding and trust among members of the City Council and staff concerning their roles, responsibilities and expectations for the operation of thr City; -and NSR, the establishment and periodic review of these City Council policy standards will assist new members of the City Council to better understand their role and responsibilities as Council Members. Now, T3>i"0120 DH 1T RNSOLVID by the City of Diamond Bar as follows: A. The Council shall meet the first and third Tuesdays of each month, commencing at 6:00 p.m. If the Council desires to proceed past .11:30 p.m., the Council; at 11:00 p.m., will determine which issues will be completed at that meeting and which its= will be continued to the next Tuesday meeting. B. Public Comments are to be scheduled'tor 6:00 p.m., immediately following the llaq Salute, Roll Call and Council Comments. C. No action is to bo taken on items raised under Public Comments. Besides oral requests, citizens - may also be requested to put concerns in writing, if that the item(s) is to be agendized, for a later Council meeting date, at the discretion of the Council and City Manager. D. At the beginning Of the meetinq, if there are a number of people requestinq to speak on a particular subject under Public Comments, the Mayor may request that there be a spokesperson and that the others limit their ccmmeats,'speak at the end of the meeting or contact Council or City Manager. This does not apply to scheduled agenda items. COUNCIL STANDARDS Page Two Section 1. OPERATION OF CITY COUNCIL MEETINGS (CONIT) E. In order to ensure that all members of the public have .an opportunity to speak, pertaining to issues that are not on the meeting agenda, and that the Council is able to complete the publics business, there shall be a five-minute limitation on comments by the public unless otherwise prohibited by law. The Mayor will be responsible for enforcing the time limits as suggested. Any Council Member may request an extension of the five-minute time limitation. If the Council concurs that the nature of the issue warrants an extension of time, the time limit may be extended. F. The Council will not hold a public hearing on items scheduled under Departmental Reports or Council Concerns. If just one or two people desire to speak on the item, the Council will listen to their comments. If more than two parsons at the meeting desire to speak on an item, the Council may reschedule the item on the agenda of a subsequent meeting. G. with Council approval; Mayor may schedule Council review of agenda items out of their prescribed order on the printed agenda. H. Significant proposed changes to City ordinances shall be set for public hearing. •'I. The Council Member making a motion shall either restate the motion or have the City Clark restate -the motion, before the vote, to clarify the motion for thW public and staff. J. Council Members should not gat into a debate with a member of the public or staff at a Council meatinq. K. The City Council will, on a quarterly basis, agendize and prioritize' those significant items to be scheduled as future Council study session topics. L. If an applicant submits a new site plan for a development or if the City Council requests changes in the submitted site plan, the public hearing will be continued at least two weeks to allow time for staff review. M. Any written correspondence or other materials received at a City Council meeting (frog the public or staff) will be documented with a receipt time and data by the City Clerk and distribution indicated. If the City Clark does not receive a copy of the written submittal, it will not be considered to have been received or acted upon by the City Council. COUNCIL STANDARDS Page Three ssctios 1. OPERATION OF CITY COUNCIL MEETINGS (CON'T) N. All minutes of City Council meetings shall be composed utilizing an action -taken format; rather than a transcript format. All meetings shall be audiotaped, in their entirety, for Council, public and staff referenceCity Council and Planning Commission tapes shall be retained for two years, from the date of the meeting. All other Commission and Committee meeting tapes shall retained, until the approved minutes of a meetinq have been reported to the City Council. O. Any concerns by a Council Member over the performance of a City employee during a Council meeting should be privately directed to the City Manager to ensure the concern is properly addressed. section Z. COMMITTE ASSIGNMENTS. CITY COMMISSIONS AND PRESS RELATIONS' A. Individual Council Members will have the right to attend mietings but are cautioned about becoming involved in the meeting's discussions and/or violating the Brown Act. H. Written committee reports will be given -to this Council on significant committee recommendations and/or actions. C. Nov ideas or suggested programs will be presented to the full council before presenting to the media. Section s. COUNCIL MEMBER PRESENTATIONS -AT OTHER AGENCIES AND GROUPS, A. It a member of the City Council represents the City before another govornmentsI agency, organisation, the Council Member will first indicate the majority position of this Council. Personal opinions and comments may be expressed only if the Council Member clarifies that these statements do not represent the position of the City Council. N ti• a • PVV: WOO 444W-91 A. There will be mutual respect from both staff and Council - members of their respective roles and responsibilities, when expressing criticism in public session. H. In public session, City staff members will address Council members, utilizinq Mayor, Councilman or Councilwoman; and, Council members will address all staff members, utilizing Mr. or No. rather than the person's first names. COUNCIL STANDARDS Page Four Section 4. CITY COUNCIL RELATIONSHIPS WITH CITY STAFF (CON'T) C. City staff acknowledge that the Council is the City's policy making body. The City Council acknowledges that staff administers the Council's policies. D. The Council, as the overall policy body, holds the City Manager responsible for the administration of the City Departments. The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments per Council direction. E. The Council will direct the City Manager on all major or new issues. A Council Member will not initiate any action or have prepared any report that is significant in nature or initiate any project or study, without the approval -of a majority of the City Council. F. All written informational material requested by individual Council Members will be submitted by staff to all council - members. with the notation indicating which.Council Member- requested the. ..information. _ G. Council will not attempt to coerce or influence -staff in the making of appointments, the awarding of contracts, the selection of consultants, the procossiriq of development applications, or the granting of City licenses or permits. H. Mail that is addressed to the Mayor and City Council will be circulated by the City Manager to the City Council with a comment as to which staff person will be assisting the Mayor and/or Council Vember in preparing a response. I. The Mayor's response, when appropriate and the original communication, will be submitted to Council members for their information. Mail addressed to individual Council Members may .be responded to, by that Council Member. K. Staff team sensitivity and support is important. once a final decision is reached by the council, Planning Commission or other City body, it will be accepted, supported and implemented by staff. section S. TTTIGATTON AND CONFIDENTIALTNFORKRTIOK A. City Council Members will keep all written -and verbal information provided on matters that are confidential, under State law, in strict confidence to insure that- the City's position is not compromised. No dissemination of information or materials will be made to anyone, except Council Members, City Attorney, City Manager or Assistant City. Manager. COUNCIL STANDARDS Page Five Section S. LITIGATION AND CONFIDENTTAL�TNFOgM TTgN (CON'T) B. It the:City••Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claims or litigation, and/or employee negotiations, all contact with the other party will be the designated City person(s) representing the City in the handling of the negotiations or litigation. A Council Member will not have any contact or discussion with the other party or its representative involved with the negotiation during this time and will not communicate any discussion conducted in closed sessions. section s. A. Frequent communication is an important and integral part of council relationships and will be the standard of operation. B. Respect for each individual Council Members interpersonal style will be a. standard of operation. Courtesy and sensitivity to .individual points Of view will be a standard of operation.. C. on areas where Council Members disagree, especially on the process to be used, discussions will occur to facilitate a clear direction. D. Council approach to authority is collegial rather than individual. E. Council Members will keep an'opan mind on all issues. F. Individual Council Members, on mature pertaining to upcoming or anticipated items where a public.'hearinq will be held, will maintains as near neutral position as possible to assure not only the appearance but the actual degree of openness that is attendant to our community responsibility. The City Clerk shall certify to the adoption of this Resolution. DhsasD, RD AMOT AND OPTIM this 3rd day of December, ., 1991. COUNCIL STANDARDS Page Six I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meatinq of the City Council of the City of Diamond Bar held on__UA day of December 3. 1991, by the following vote: AYES: NOES: ABSENT:: ABSTAINED: COUNCILMEMBERS: COUNCILMM013tS : COUNCILMEMBERS: COUNCILMEMBERS: Miller, Forbinq, M/Rim None Papen, Werner None LYNDA BuRGzs.S,*CitY Clerk city of Diamond Bar PROPOSED AMENDMENTS TO COUNCIL STANDARDS Resolution 91-71 Section 1. OPERATION OF CITY COUNCIL MEETINGS (Revision) Change Section A. to reflect current starting time of 6:30 P.M. Section 7. Council Communications (Addition) 1. "Communications" involving the use of the City of Diamond Bar logo or facsimile thereof, 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 a quorum of the City Council at a regularly scheduled meeting. 4. 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. 5. 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. Section 8. USE OF CITY INSIGNIA, EQUIPMENT AND PROPERTY (Addition) A. City insignia, equipment and property shall be used only for appropriate purposes as determined through policy direction to the entire City Council and related operational direction by the City Manager and appropriate subordinate staff. B. City insignia and the names of all City Council members shall not be used on any document without the approval of a majority of the City Council or the City Manager. They shall not be used for personal, political'or pecuniary purposes. Section 9. VIOLATIONS, CENSORSHIP AND OR SANCTIONS (Addition) a. Violation of any provision of this policy may be justification for censorship, sanctions, or restrictions on Council privileges. Any such action must be approved by a majority of a quorum of the City Council at a regularly scheduled meeting. Note: Written comments on this issue from Nick Anis are attached. FEB -07-95 TUE 03:22 PM COMP BUS SERV.,N.ANIS 909 396 0014 P.02 November 9, 1994 City of Diamond Bar City Governmont/City Council Communications Policy Note: A. variation of this policy should also be enacted to cover any of the City Commissioners and/ or Committee Members. 1. a. This policy pertains to communications of the City of Diamond Bar and members or groups of membets of the City of Diamond Bar City Council. b. "Communications" are hereafter defined as any communications involving the use of the City of Diamond Bar and/or the City of Diamond Bar City Council "stationary" and/or the City of Diamond Bar `logo" including `variations" giving the impression of City or City Council sanctioned communications, regardless of who created and/or printed it, with or without the names of one or more of the council members including, but not limited to, proclamations, declarations, press releases, business cards, newsletters, advertisements, flyers, faxes, banners, buttons. pins, tee shirts, balloons, video/audio tapes, computer disks, e-mail, and signs. 2. "Communications" pertaining to any partisan or nonpartisan candidates ARE HEREBY PRO- HIKIED. 3. "Communications" I evolving NON -CANDIDATE POLITICAL USES MUST BE APPROVED BY A MAJORITY OP A QUORUM OF THE CITY COUNCIL. 4. "Communications" FOR PERSONAL AND BUSINESS USES ARE PROHI131TED, S. All other "Communications" SHALL. BE LIMTFED TO OFFICIAL GOVERNMENT BUSI- NESS except for the following: 6. a. ANY NON -SANCTIONED communications otherwise not prohibited by this policy, by individual or groups of City Council members, or their representatives. where the City of Diamond Bar, the City of Diamond Bar City Council, members of the City staff, and/or City Commissioners are mentioned shall include the following disclaimer (in bold type with a minumn point size ofl2 or the prevailing point size used, wWch ever its larger) and conspicu- ously used: b. "This is not an officially sanctioned communication of the City of Diamond Bar or the City of Diamond Bar City Council. The representations made are the opinions of the author(s). The City of Diamond Bar is not responsible for any representations, made." 7. `Communications" not relating to official government business involving NONCANDIDATE POLITICAL USES shall be drafted for council approval, included In the council members' ,packets, and approved or declined at the next scheduled Diamond Bar City Council meeting. A simple signature by three or more council members or a majority of the quorum at that meeting will constitute approval. FEB -@7-95 TUE 03:23 PM COMP BUS SERV�N.ANIS 909 396 0014 P.03 $. "Communications" challenged by one or more members of the City Council shall be drafted for council review or approval at the next scheduled Dlamond Bat' City Council meeting, Said Communications shall be included in the council members' packets, and, if determined not to be official government business, shall be approved or declined. A simple signature by three or more council members or a majority of the quorum at that meeting will constitute approval. 9. a. Violation of any provision of this policy by each individual council member will be consid- ered abuse of office and will result in a fine of $2,500 per occurrence. b. All fines will be due and payable immediately. Fines that remain unpaid for 30 days will be turned over to collection and the responsible parties deemed Disclaimer a "scoffaw." c. The names, offenses, and amounts due from any "scoffaw" shall be made public. d. Scoffaws will be responsible for any unpaid lines, including collections and attorney fees. Any money due from the City of Dimond Bar to scoffaws, including salary and expenses, Will be withheld until full payment is made. e. Payment of fines and fees will be made to the City of Diamond Bar and will be applied to the general fund. f. The City of Diamond Bar will not be responsible for legal fees or fines incurred by individual city council members and/or scoffaws challenging or found in violation of this policy. RESOLUTION NO. 95 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CENSURING COUNCILMAN CLAIR W. HARMONY WHEREAS, Councilman Clair W. Harmony has purposely, knowingly, and deliberately made false, irresponsible and inaccurate public allegations pertaining to members of the Diamond Bar City Council with reckless disregard for the truth; and WHEREAS, Councilman Clair W. Harmony has purposely, knowingly and deliberately made false irresponsible and inaccurate public allegations against members of the Diamond Bar City Staff with reckless disregard for the truth or the professional reputation of the Staff; and WHEREAS, Councilman Clair W. Harmony has purposely, knowingly and. deliberately made false irresponsible and inaccurate public allegations against Consultants hired by the City of Diamond Bar with reckless disregard for the truth or the professional reputation of the Consultants; and WHEREAS, Councilman Clair W. Harmony has made purposely, knowingly and deliberately made false, reckless, irresponsible and inaccurate public allegations about the structure and integrity of the City of Diamond Bar's financial investments and financial systems; and WHEREAS, Councilman Clair W. Harmony has conducted himself in a manner that is unbecoming to a holder of public office and in a manner that has brought disrepute to the City of Diamond Bar; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Diamond Bar does hereby censure Councilman Clair W. Harmony for conduct unbecoming a holder of public office and expresses its strong disapproval of the false, reckless, irresponsible and inaccurate public statements made by Councilman Clair W. Harmony regarding members of the City Council, City Staff, its financial systems, investments and Consultants. FURTHERMORE, BE IT RESOLVED, pursuant to Resolution No. 94-40 notice is hereby given to all parties that the City Council declares its intention to not provide a defense at public expense to Councilman Clair W. Harmony for any cause of action related to the allegations of battery, libel, slander or defamation arising from his actions and/or allegations. PASSED, APPROVED AND ADOPTED this day of 1995. Phyllis E. Papen, Mayor I, LYNDA BURGESS, the City Clerk of Diamond Bar, do hereby certify that th6 foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the of 1995, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk ,j Interoffice. M E M O R A N D U M To: HonorableM6mbers of the City Council From: Mayor P4and Mayor Pro Tem Werner Re: Status Report on the Activities of the City Online Technical Committee Date: February 17, 1995 On Wednesday, February 8, 1995, Mayor Pro Tem Werner and I met with the City Online Technical Advisory Committee (COL -TAC). The COL -TAC discussed the need for setting and prioritizing goals that will help to improve and expand the level of services offered through City Online. After a lengthy discussion, the COL -TAC members approved a workplan for the remainder of the Fiscal Year. Overall, it was felt that the discussions were very positive and will help contribute to the continued development of City Online. The COL -TAC workplan consists of a combination of informational and service applications designed to improve service to residents while reducing demands on staff time. The workplan includes: 1. Online access to Municipal Code. The City has retained a code publishing company to codify its resolutions and ordinances into a comprehensive municipal code. It is anticipated that the City Council will receive a draft of this code sometime in April. Once the municipal code has been approved, staff should upload it to City Online. This will allow City Online users to perform legislative research without having to come into City Hall. 2. Online registration for recreational programs. Staff should complete and implement the application that will allow City Online users to electronically register for recreation classes and adult excursions. 3. Online access to agenda. packets. The City currently displays the City Council and Planning Commission agendas on City Online. Recently staff developed a CITY OF DIAMOND BAR STATE OF CALIFORNIA FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 38 THE CITY OF DIAMOND BAR The City Clerk of the City of Diamond Bar, California will receive at her office in the City Hall, in said city, until 10:00a.m., Thursday, March 23, 1995 sealed proposals for the performance of the above described services. A walk through will be conducted on Thursday, March 9, 1995 at 9:00a.m. 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 E14PORTANT NOTICE TO BIDDER Notice is hereby given that the City of Diamond Bar is soliciting bids for maintenance services for Lighting and Landscape District 38. A mandatoy bidders conference and inspection of the areas to be maintained will be held at 9:OOa.m. on Thursday, March 9, 1995 at Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California. Bids will be accepted until 10:00a.m. on Thursday, March 23, 1995 at Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California 91765, at which time and place said bids shall be publicly opened, examined and declared. Inquiries regarding these specifications can be directed to Bob Rose, Director of Community Services, (909) 396-5694. Upon receipt of this proposal, contact Bob Rose, Director of Community Services, at the City of Diamond Bar with the name of a contact person within your company. Failure to provide the City with this information may result in improper distribution of updated materials regarding the bid documents. The City will not be responsible for information not being distributed to the proper person. SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 38 IN THE CITY OF DIAMOND BAR TABLE OF CONTENTS NOTICE OF INVITING SEALED BID I INFORMATION FOR BIDDERS 6 SCHEDULE OF PRICES 12 BIDDER'S PROPOSAL 13 CONTRACTOR'S INDUSTRIAL SAFETY RECORD 15 SUBCONTRACTOR LIST 16 NON -COLLUSION AFFIDAVIT 18 FAITHFUL PERFORMANCE BOND 19 LABOR AND MATERIAL BOND 20 BIDDER'S BOND 21 AGREEMENT 22 SPECIAL PROVISIONS 29 SPECIFICATIONS FOR MAINTENANCE SERVICES SP1 EXHIBIT "A" SP19 EXHIBIT "B" SP20 EXHIBIT "C" SP22 RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE LANDSCAPE AND IRRIGATION MAINTENANCE OF LIGHTING AND LANDSCAPE DISTRICT NO. 38 IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to maintain certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the maintenance of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the plans and specifications for the Landscape and Irrigation Maintenance in Landscape and Lighting District No. 38. SECTION 2. That the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: 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 10:00a.m. on Thursday, March 23, 1995 sealed bids or proposals for the Landscape and Irrigation Maintenance in Lighting and Landscape District No. 38 in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for Lighting and Landscape Maintenance District No. 38 in the City of Diamond Bar". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be 'less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or 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. 2 The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standard, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) ,of the contract price for said work shall be given to -secure the work paymentthe of toaims for be done by the�Contractor, terials or orplany furnished for the performance o 3 work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed at the time of award in accordance with the provisions of the contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. A C-27 license is required. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of $15.00, said $15.00 is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non-reimbursable payment of $5.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 9-3 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). 4 The City of Diamond Bar, California, reserves the right to reject any and all bids. The Engineer's Estimate is: $ 48,000 By order of the City Council of the City of Diamond Bar, California. Dated this day of 1995. PASSED, APPROVED AND ADOPTED this day of 1995• MAYOR ATTEST: CITY CLERK I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1995 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar 5 INFORMATION FOR BIDDERS 1. ppFpARATION 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 Public Works Construction, 1994 Edition. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by rash or by a cashiers or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guaranty that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed. 3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid upon, alternative proposals or any other modifications of the bid form which is not specifically called for in the contract documents may result in the owner's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered but a telegraphic modification may be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 6 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of. the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7. WITHDRAWAL- OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8. INSURANCE E AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall he allow any subcontractor to commence work on this subcontract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer or insurers, satisfactory to and first approved by the City in writing. Certificates of insurance in the amounts required shall be furnished by the contractor to the City prior to the commencement of work: The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. The contractor shall maintain public liability insurance to protect said contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said contractor and the City against loss from liability imposed by law, for damage to any property, damage insurance shall be maintained by the contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $500,000 for one person injured in the accident and in the amount of not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $500,000 with respect to any property damage aforesaid. The City shall be named a co-insured regardless of fault. The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made 7 under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the Owner a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No_person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. DIS uALIFICATION OF BIDDERS_ More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. 11. AWARD OF CONTRACT_ The City may award the contract to the lowest responsible bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be compared on the basis of the lowest possible cost relative to the alternate or alternates selected and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals. However, the award may be made after said period if the successful bidder has not given the City written notice of the withdrawal of his bid. 12. AI TERNATE& If alternate bids are called for, the contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid, or on the base bid and any alternate or combination of alternates. 13. COMPETENCY OF BIDDERS In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. 14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code). Forms for this purpose are furnished with the contract documents. 15. WORKMEN'S COM PEN AS TION: In accordance with the provisions of Section 3700 8 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the Owner the following certificate prior to performing the work under this contract: "I am aware of the provisions of Section 3700 of the Labor code which require compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 16. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the Owner, will be held for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 17. EXECUTION OF CONTRACT_ The bidder to whom award is made shall execute a written contract with the City on the form agreement provided, and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract,- the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such. second or third lowest bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be readvertised. 18. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at S4380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 19. EMPLOYMENT OF APPRENTICES: The contractor, and all subcontractors, shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the contractor and all sub -contractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR). 20. F_VIDENCE OF ROVONSIBIL.ITY: Upon the request -of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 21. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. Pursuant to Labor Code Section 1775, the Contractor shall forfeit as penalty to theCity of Diamond Bar, not more than fifty dollars ($50.00) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, ,by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file and available for inspection in the office of the Department of Industrial Relations, Division of Labor Statistics and Research. 22. PERMITS FEES AND LICENSES: The Contractor shall possess a valid License to do business in the City of Diamond Bar prior to the issuance of the first payment made under this contract. 23. No REFUND Fog nRAWINGS AND SPECIFICATIONS: Purchasers are advised that upon payment of the appropriate purchase price, the set of contract drawings and specifications become the property of the purchaser and are not to be returned to the City of Diamond Bar. 24. AWARD OF CONI'RACT9 The award of the contract, if it be awarded, will be to the lowest responsible bidder, whose proposal complies with all the requirements described. 25. Q« NTMES: The quantity of work for the unit price items to be done under the contract, as noted in the Schedule of Prices, is an estimate and is not to be taken as an expressed or implied statement that. the actual quantity of work will correspond to the estimate. The right is reserved by the City of Diamond Bar to increase or decrease or to entirely eliminate items from the work if found desirable or expedient. The Contractor will be allowed no claims for anticipated profits, loss of profits or for any damages of any sort because of any difference between the estimated and actual quantities of work done or for work decreased or eliminated by the City of Diamond Bar. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 26. WITHDRAWAL OF BIDS: The bidder may withdraw his bid at any time prior to the date and hour set for opening of bids upon presentation of a written request to the City's Engineer signed by an authorized representative of the bidder or by the person filing the bid. 27. INVALID PROPOSALS: Proposals submitted by telegraph and those which are not logged in at the office of the City Clerk of the City of Diamond Bar, prior to the date and hour set for receipt of same will not be considered. 10 28. AI 'TERING PROPOSALS: The wording of the proposals shall not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. Erasures of interlineations in the proposal must be explained or noted over the signature of the bidder. 29. ACCEPTANCE OR MECTION OF BIDS: The City Council of the City of Diamond Bar reserves the right to accept any bid or reject any or all bids and to waive any informality or defects in bids received as the best interests of the City of Diamond Bar. Proposals in which the bid prices are obviously unbalanced may be rejected. Proposals in which a bid item is left totally blank will be considered as being nonresponsive and automatically rejected. 30. BID PRICES AND AGREEMENT OF FIGURES: If a unit price bid item total amount arrived at by multiplying the unit price times the quantity does not agree with the total amount entered for the item or if the total amount is not entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in. a unit price bid item the total amount is entered for the item but not the unit price, the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid on individual items (if called for) do not add up to the total amount shown, the correctly added total of the individual items shall prevail over the total amount. 31. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to time, issue addenda to the contract documents during the period of advertising for bids, for the purpose of clarifying or correcting special provisions, plans or bid proposal. Purchasers of contract documents will be furnished with copies of such addenda, either by first class mail or personal delivery, during the period of advertising. The addenda will be sent to the address the purchaser of the contract documents left with or furnished the City of Diamond Bar at the time the purchase was made. 11 CITY OF DIAMOND BAR SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 38 DESCRIPTION MONTHLY ITEM WITH UNIT MONTHLY PRICE ANNUAL NO. QUANTITY PRICE IN WORDS IN FIGURES AMOUNT 1 Lump Miscellaneous landscaping in Sum Maintenance District No. 38 (See attached Map) TOTAL ANNUAL PRICE (in words) (in figures) BID SUBMITTED BY DATE COMPANY NAME ADDRESS PHONE (_) SIGNATURE 12 CITY ZIP FAX (� BIDDER'S PROPOSAL FOR THE ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 38 IN THE CITY OF DIAMOND BAR, CALIFORNIA Date 19 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a copartnership, give the name under which the co -partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any person, firm or corporation. (c) That he has carefully examined familiarized himself with all of the physical solely upon his own knowledge. the location of . the proposed work, and has and climatic conditions, and makes this bid (d) That by submitting this Bidder's Proposal, he sclmowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith. (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are but estimates, and that the unit prices will apply to the actual quantities whatever they may be. 13 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 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification Bid Date This information must include all construction work undertaken in the State of California by the bidder and any partnership joy 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 parmership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. 5 Calendar Years Prior to Current Year 1991 1992 1993 1994 TOTAL CURRENT YEAR 1. No. of contracts 2. Total dollar amount of contracts (in thousands of S) 3. No. of fatalities 4. No. of lost workday cases 5. No. of lost work day cases involving permanent transfer to another job or termination of employment 6. No. of lost workdays' 'The information required for these items is the same as required for column 3 to 6, Code 10, Occupational Injuries, summary - Occupational Injuries and Illnesses of these records, OSEA No. 102. The above information was compiled from the records that are available to me at this time and I declare under perjury that the information is true and accurate within the limitations of these records. Name of Bidder (print) Address Signature State Contractors' Lic. No.& Classification City Zip Code Telephone 15 In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the general contractor's total bid, and the portion of the work which will be done by each subcontractor. Name under which Sub- License Address of Office Specific Description of Contractor is licensed Number Mill or Shop Sub -Contract work & portion of the work If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative 'subcontractors for the same work are prohibited by provisions of the California Government Code.) Dated Bidder Signature Signature 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). Bid price indicated refers to all items illustrated on plans and details, and delineated within specifications installed and completely in place in accordance with all applicable portions of the construction documents and include all costs connected with such items including, but not necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for Contractor. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) ADDRESS SIGNATURE DATE CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. - CLASSIFICATION - EXPIRATION DATE I declare under penalty of perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 7028.15. CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER 17 NONCOLLUSION AFFIDAVIT State of California ) SS. County of Los Angeles ) being first duly sworn, deposes and says that he or she is of I the party malting the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any other bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bids are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature STATE OF CALIFORNIA ) } COUNTY OF LOS ANGELES) Subscribed and sworn to before me this day of 1995. Notary Public in and for the County of Los Angeles, State of California My Commission expires , 1995. 18 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of 'said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said contract shall not in any way release said Contractor or the- Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the contract is hereby waived by such Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1995. PRINCIPAL SURETY BY: BY: (SEAL) 19 (SEAL) LABOR AND MA'1TI AL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, AND, as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of DOLLARS ($ ) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed contract with said City for construction of the work under the City's specification entitled and is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if said Contractor in said contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1995. PRINCIPAL BY: (SEAL) 20 SURETY By: (SEAL) BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE as principal, and as surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on Thursday, March 23, 1995 for the Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 38 in the City of Diamond Bar. NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A. D., 1995. (seal) (seal) (seal) (seal) PRINCIPAL (seal) SURETY (seal) ADDRESS NOTE: Signatures of those executing for the surety must be properly acknowledged. 21 KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment and material for Annual Landscape Maintenance for Lighting & Landscape Maintenance As irc No. 38 in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: - J\)�7 / ,( ,L , 1. GENERAL SCOPE OF WORK: Contractor furnish all necessary labor, tools, materials, appliances, and equipment for and do the ork for the Annual Landscape Maintenance for Lighting &Landscape Maintenance isttr o. 38 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. 793 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 installationof the work within sixty (60) , calendar days from the execution of the first contract. The bidder agrees further to the assessment of 22 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. ComWnsation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) . Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 23 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 insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in 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 24 such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade* for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used -in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the 25 Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORKe 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 willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties; obligations, and liabilities arising out of or in connection with such work, operations, or activities of the 26 Contractor hereunder, and the Contractor agrees to save and hold the Lity 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-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated ,1995, in the total amount of $ The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional 1 year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 28.02 of specifications, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim - Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, as its discretion, 27 substitute for the Index such other similar index as it may deem appropriate. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by City upon the giving of a written "Notice of Termination" to contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date By: Name Title APPROVED AS TO FORM CITY OF DIAMOND BAR, CALIFORNIA City Attorney Date Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time LO Mayor By: City Clerk 28 SPECIAL PROVISIONS All work shall be done in accordance with the 1994 Edition of the Standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, Plans, Standard Construction Drawings and these Special Provisions. Section 2-1 Award and Execution of Contract is amended by the following: (a) F.xa_mination of Plans Suecifications. Special Provisions. and Site of Work: The bidder is required to examine carefully the site and the proposal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, including all installations and utilities, whether underground, surface or overhead, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. (b) EMpoW 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) Rojnrrion of Proposals Containing Alterations. Erasures or Irregularities: Proposals may be rejected if they show any alterations or form additions not called for, conditional or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. (d) Bidder's Guaranty: All proposals shall be presented under sealed cover and shall be accompanied by cash, cashier's check or certified check payable to, or bidder's bond in favor of the City of Diamond Bar in an amount of said proposal, and no proposal shall be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. (e) Award of Contract: The award of the contract, if it be awarded, will be to the 29 lowest responsible bidder. (f) Retarn of Bidder's Guarantees: Proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. The Notice Inviting Sealed Bids, Proposal, Bonds, Instructions for Bidders, General Provisions and Detail Specifications, shall be deemed incorporated in the contract by reference. A corporation to which an award is made will be required, before the contract is finally executed, to furnish evidence of its corporate existence that the officer signing the contract and bonds for the corporation is duly authorized so to do. Subsection 2-5.1. Plans and Spmifications-General. is amended by the addition of the following: An addendum to these specifications may be issued by the Engineer at any time prior to the bid opening. Section 5. Utilities. This section is modified by addition of the following subsections. Subsection 5-1 Location, This section is amended by addition of the following: The Contractor shall notify Underground Service Alert (USA) at 14800-422-4133 two working days - prior to the start of any boring or excavating operations. The Contractor shall notify the owners of all utilities 48 hours before start of construction. The utility owners listed may be contacted as indicated. Utilily Owner Identification. Utility owners who may have facilities which may affect the work are as follows: General Telephone 1400 E. Phillips Blvd. Pomona, California 91766 (909) 865-3307 Southern California Edison Company 800 West Cienega San Dimas, California 91773 (909) 592-3724 Walnut Valley Water District 271 South Brea Canyon Road Walnut, California 91789 (909) 595-7554 Southern California Gas Company Distribution Department 920 S. Stimson Ave. City of Industry, Ca 91745 (909) 394-4327 Underground Service Alert 1 (800) 422-4133 Subsection 5-2. Protection. The Contractor is hereby alerted to the existence of all utility lines shown on the plans. The Contractor shall carefully protect all lines during the course of construction. The Contractor is cautioned to protect existing utilities and their appurtenances which may be within the work area. Particular attention shall be given to water valves. Section 6 Construction Schedule and Commencement of Work is amended by the addition of the followin¢: Prior to commencing construction the contractor shall submit for approval a construction schedule. Section 7 Res=sibilities of the Contractor in Conduct of His Work. Guhsecdon 7-2. Labor is amended by the addition of the following: Labor Discrimination. No discrimination shall be made in the employment of such persons upon public works because of the race, color, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter 11 or Part VII, Division 2 of the Labor Code in accordance with the provisions of Section 1735 thereof. Subsection 7-3 1 Contractor's Responsibility for Work. Until acceptance of the work in writing by the City of Miamond Bar, the contractor shall have the charge and care of the work site at all times and shall, bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non execution of the work. Mn contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof. The City of Diamond Bar permits stockpiling of excavation material and/or construction material only in an authorized location. This requirement also applies to the location of a material and equipment yard and a construction office. All existing improvements (except utilities) which are removed or damaged during the course of construction of the project shall be restored to a condition equal to or better than, in all respects, the existing improvements removed or damaged unless otherwise specified or noted on the drawings. 31 Full compensation for conforming to the requirements of this section shall be incluaea in other items of work performed and no additional compensation will be allowed. Subsection 74.1 Duration of Contract: The Contractor shall begin work on the date specified in the "Notice to Proceed". Subsection 7-10.1. Traffic and Access is amended by addition of the following": No public street, or portion thereof, may be closed to through traffic as a part of this Contract. However, if, in the opinion of the Engineer, it is in the interest of the City of Diamond Bar to close the street, the contractor shall close the street as directed by the Engineer. Full compensation for conforming to the requirements of this section shall be included in other items of work performed and no additional compensation will be allowed. The Contractor shall furnish all flagmen and guards and supply and install all signs, lights, flares, barricade delineators, and other facilities which are necessary to expedite the passage of public traffic through or around the work or to prevent accidents or damage or injury to the public or to give adequate warning to the public of any dangerous conditions to be encountered. The Caltrans "Manual of Trak Controls" shall be used for all traffic control on this project. Subsection 7-11 SHORING OF EXCAVATIONS Shoring of excavations is not generally required on this project, however, the City's Engineer may determine that shoring is required in portions of the construction area, due to the type of trench excavation proposed by the contractor. The City has performed no soil testing to determine precisely what areas, if any, will require shoring. Shoring of excavation if required shall be in accordance with the requirements of Subsection 306-1, as amended, of the Standard Specifications, and shall meet all the requirements of the Construction Safety Orders of the Department of Industrial Relations, State of California and of OSHA. Approved protective fencing and barricading will also be provided by the Contractor as a part of this item. Prior to the required excavation the Contractor shall obtain all permits required thereby. The Contractor shall conform to the Section 6424 of the California State Labor Code regarding shoring and bracing of excavations. Of special importance in this regard is the following extract from said section: "For the excavation of any trench or trenches five feet or more in depth, the Contractor shall submit for acceptance by the awarding body, or by a registered civil or structural engineer employed by the awarding body, to whom authority has been delegated, in advance of excavation, of a detailed plan showing the design of shorings, bracing, sloping or other provisions to be made for worker protection 32 shorings, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety .Orders, the plan shall be prepared by a registered civil or structural engineer". Full compensation for conforming to the requirements of this section shall be included in other items of work involved and no additional compensation will be allowed. Section 9. Measurement and Payment. Subsection 9-3 is modified by addition of the following Paragraphs: The Contractor agrees that the payment that of the amount under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City of Diamond Bar, the City Council, the City Manager, and the City Engineer of any and all claims or liability on account of work performed under the contract or any alterations thereof. Progress Payments. The Contractor shall be entitled each month to a monthly progress payment in an amount equal to ninety percent (90%) of the estimated percentage of actual work completed by the end of the preceding calendar month, based on the contract price less all previous payments, provided that in all events the City shall withhold no less than ten percent (10%) of the contract price until final completion and acceptance of the work. The contractor may substitute in lieu of cash retention. This payment on account shall in no way be considered as an acceptance of any part of the work or material of the contract, nor shall it in any way govern the final estimate. Final Payments. After the completion of the contract, the Engineer shall make a final inspection of the work done thereunder, and if entirely satisfactory and complete, the City shall pay 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. 33 SPECIFICATIONS Fox rnm YxvvisiuiN vjr LANDSCAPE AND APPURTENANT MAINTENANCE SERVICES FOR SPECIAL LANDSCAPE MAINTENANCE DISTRICTS 1. SCOPE OF THE WORK AND CONTRACT 1.01 The Work to be done under these specifications shall include the furnishing of all labor, material and equipment necessary for the provision of landscape and appurtenant maintenance services as set forth in these specifications including the exhibits attached hereto within the boundaries of the Special Districts and as said boundaries may have been heretofore or may be hereafter altered. 1.02 The foregoing work shall be done in a thorough and workmanlike manner under the direction and to the satisfaction of the Director of the Community Services Department. The premises shall be maintained at the level of service provided for in these specifications at all times. 1.03 The Contractor shall have the exclusive duty, right and privilege to mow, edge, trim, overseed, reseed, fertilize, aerate, irrigate, hand water and bleed valves as necessary during emergencies when automatic systems are not functioning, prune, trim, and renovate turf and shrub areas designated hereunder, as well as to provide weed control, disease control, tree maintenance within the District, maintenance of sprinkler systems including backflow, revention devices, repair of walkways, pumps; and the necessary maintenance of any appurtenant structures and equipment. 1.04 In return for the exclusiveness of said Contract and the other considerations provided for herein, the Contractor agrees to provide the landscape and appurtenant maintenance services within said District without any further compensation except as otherwise specifically provided for in the contract and/or specifications. 1.05 The Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage plant, groundcover or turf areas. 1.06 The Contractor shall, during the specified hours and days of operation, respond to all emergencies within two (2) hours of notification. 1.07 The Contractor shall perform a maintenance inspection weekly during daylight hours of all areas within the premises. Such inspection shall be both visual and operational. It, shall include operation of all irrigation, lighting and other mechanical systems to check for proper condition and reliability. 1.08 The term Director as used in these specifications shall mean Director of the Community Services Department or his authorized representative(s). 2. AREAS TO BE MAINTAINED 2.01 There are medians, parkway panels, cul-de-sac islands, village greens, adjacent roadway slopes, open space lots, linear greenbelts, paseos, fire protection slope areas, gate entry areas, creek SPI beds, semi -natural, and natural areas with turf, plants, trees, and ground cover which are irrigated by manual and/or an electrically controlled automatic systems. 2.02 Surface drains ("V" ditches) in the natural areas of the District are included as an area to be maintained by the contractor under these specifications. 2.03 An identification of the areas to be maintained is provided in Exhibit A attached to these specifications. 2.04 The bidder, before submitting his bid, shall visit all existing areas to be maintained and inform himself fully as to all conditions that might affect the work specified. Said inspection of these areas in the company of City representatives will be required as a condition of submitting a bid and all bidders must attend the bidders' conference which will be held on the site on the day of the walk-through inspection. 2.05 Estimated square footage by district are provided for all area to be maintained on the attached Exhibit A. However, it is the responsibility of the Contractor to verify by inspection and to observe the various slope characteristics. 3. CERTMCATIONS/REPORTS 3.01 Certification Contractor shall complete the attached Landscape Maintenance certification form designated Exhibit B and shall submit same to Director concurrent with the monthly invoicing. The monthly payment to the Contractor will not be made until such report has been received by the Director. 3.02 In addition, when applicable, Contractor shall submit with the monthly invoice and Landscape Maintenance certification form, a report indicating, for those specialty type maintenance operations completed, the quantity and complete description of all commercial and organic fertilizer, grass seed and soil amendments used and, a valid licensed California Pest Control Advisor's recommendation and copies of corresponding pesticide use report signed by a licensed California Pest Control Operator for all chemical disease and pest control work performed. 3.03 Maintenance Function R= Contractor shall maintain and keep current a report form that records all On-going, Seasonal, and Additional Work, maintenance functions performed on a daily basis, by Contractor's personnel. Said report shall be in a form and content acceptable to the Director and shall be submitted to Director concurrent with the monthly invoicing. The monthly payment will not be made until such report is received by the Director. 4. ADDITIONAL WORK 4.01 The Director may at his discretion authorize the Contractor to perform additional work, in accordance with the provisions of the contract including but not limited to, repairs and replacements when the need for such work arises out of extraordinary incidents such as SP2 vandalism, Acts of God, and third party negligence; or improvements in order to add new, modify existing or to refurbish existing landscaping and irrigation systems as provided for in the contract authorizing the provision of those services. 4.02 Prior to performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials. No work shall commence without the written authorization from the Director. Not withstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Director nay verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twenty-four (24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Director for approval. 4.03 All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. 5. CONTRACTOR'S LIABILITY 5.01 All damages incurred to existing improvements located within areas under maintenance which in the City's opinion are due to the Contractor's operation shall be repaired or replaced at the Contractor's expense. 5.02 All such repairs or replacements shall be completed within the following time limits. a. Irrigation damage shall be repaired or replaced within one watering cycle. b. All damages to shrubs, trees, turf or groundcover shall be repaired or replaced within five (5) working days. 5.03 All repairs and/or replacements shall be completed in accordance with the following maintenance practices. a. Trees - Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. - If damage results in loss of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of Director. b. Shrubs - Minor damage may be corrected by appropriate pruning. - Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in Section 18 of these Specifications. c. Chemicals - All damage resulting from chemical operation, either spray -drift or lateral - leaching, shall be costed in accordance with the aforementioned maintenance practices and the soil conditioned to insure its ability to support plant life. 6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 6.01 Should any misunderstanding arise the Director will interpret the, Agreement. If the Contractor disagrees with the interpretation of the Director, he shall continue with the work in accordance with the Director's interpretation. Within thirty (30) days after receipt of the interpretation, SP3 he may file a written request for a hearing before a Disputes Review Panel as provided herein. The written request shall outline in detail the area of dispute. 6.02 The Disputes Review Panel will be appointed by the Director and will be composed of not less than three Non -City personnel having experience in the administration of Landscape maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to the Director, for his consideration, within one (1) week following the conclusion of the hearing. The Director shall render an interpretation based upon his review of the Panel's recommendation. The Director's decision shall be final. 7. OFFICE OF INQUIRIES AND COMPLAINTS 7.01 The Contractor shall maintain an office at some fixed place and shall maintain a telephone there at, listed in the telephone directory in his own name or in the firm name by which he is most commonly known, and shall, at all times, have some responsible person (s) , employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from property owners and tenants within said District or from the Director. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of the complaint within one (1) hour of receipt of complaint by the answering service. The telephone of said Contractor shall be on the exchange or exchanges of said District(s) or a toll-free number, and in no case shall the people of said District(s) be required to pay a toll charge to telephone said Contractor. During normal working hours, the Contractor's Foreman or employee of the Contractor, who is responsible for providing maintenance services shall be available for notification through radio communication. 7.02 Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify the Contractor cause such action to be taken by the City work force and shall charge the cost thereof as determined by the Director, against the Contractor, or may deduct such cost from any amount due to Contractor from City. 7.03 The Contractor shall maintain a written log of all complaints, the date and time thereof and the action taken pursuant thereto or the reason for non -action. The log of complaints shall be open to the inspection of the Director at all reasonable times. 7.04 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Director. If any complaint is not abated within 24 hours, the Director shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director, the Director may correct the specific complaint and the total cost incurred by the City will be deducted and forfeit from the payments owing to the Contractor from the City. SP4 8. SAFETY 8.01 Contractor agrees to perform all work outlined in these specifications in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all local, County, State or other legal requirements including but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL. O.S.H.A. Safety orders at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at said areas under maintenance and keep a log indicating date inspected and action taken. 8.02 It shall be the Contractor's responsibility to inspect, and identify, any conditions that renders any portion of the areas under maintenance unsafe, as well as any unsafe practices occurring thereon. The Director shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making minor corrections including but not limited to filling holes in turf areas and paving, replacing valve box covers, and securing play apparatus if any so as to protect members of the public or others from injury. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring on the premises, including a complete written report thereof to the Director within five (5) days following the occurrence. 9. HOURS AND DAYS OF MAINTENANCE SERVICE 9.01 Hours of maintenance service shall be either 6:00 a.m. to 2:30 p.m. or 6:30 a.m. to 3:00 p.m. on those days maintenance is to be provided for a Special District pursuant to the work schedule approved in advance by the Director. 9.02 Contractor shall provide on-site staffing at the prescribed hours five (5) days per week, Monday through Friday at the Special Districts indicated on the work schedules approved in advance by the Director. Any changes in the days and hours of operation heretofore prescribed shall be subject to prior written approval by the Director. 9.03 Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this Agreement shall constitute a legal day's work and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of Twenty-five Dollars ($25.00) for each laborer, worker or mechanic employed in the execution of. said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week, in violation of the provision of Section 1811 to 1815, inclusive, of the Labor Code of the State of California. SP5 10. MAINTENANCE SCHEDULES 10.01 Contractor shall .provide a work schedule for the Districts to be maintained which shall be submitted to the Director within ten (10) days after the effective date of this Agreement for his approval. 10.02 The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the Director within five (5) working days prior to scheduled time for the work. 10.03 The above provisions are not construed to eliminate the Contractor's responsibility in complying with the requirement to notify the Director for Specialty Type maintenance as set forth immediately hereinafter. 10.04 Contractor shall notify the Director, in writing, at least two (2) weeks prior to the date and time of all "Specialty Type" maintenance operations. "Specialty Type" operations are defined as: a. Fertilization b. Turf aerification c. Turf renovation/verticutting d. Turf reseeding e. Spraying of trees, shrubs or turf f. Other items as determined by the Director Said "Specialty Type" maintenance services shall be performed in compliance with the specialized maintenance program (Exhibit C) attached hereto. Failure to complete special services in accord with the schedules set forth on Exhibit c will result in the Contractor becoming liable to the City for liquidated damages ($100 per day) without written notice commencing automatically upon the first day following the final date such work was to be completed. 11. CONTRACTOR'S STAFF 11.01 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. All of the Contractor's maintenance personnel shall be supervised by a qualified, English speaking, Foreman in the employ of the Contractor. 11.02 Contractor shall transfer or discharge any employee whose conduct or activity shall, in the reasonable exercise of discretion by the Director, be deemed detrimental to the interest of the public patronizing the premises. Contractor shall transfer or discharge any such person within a reasonable time following notice therefor from the Director and such person shall not be employed at any other City District area of maintenance contracted for and maintained by, the Contractor. 11.03 Director may require the Contractor to establish an identification system for personnel assigned to an area of maintenance which clearly indicates to the public the name of the Contractor responsible for the landscape and appurtenant maintenance services. The identification system SP6 shall be furnished at the Contractor's expense and may include appropriate attire and/or name badges as specified by the Director. 11.04 The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirt, shall be worn at all times and buttoned. 12. SIGNSIMWROVEMENTS 12.01 Contractor shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval therefor is obtained from the Director. 13. UTILITIES 13.01 The City shall pay for all utilities. However, water usage shall not exceed amount required to comply with irrigation schedules established by the Contractor and approved by the Director. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current usage with historical usage for the same time period. The excess cost factor, to be deducted from payments to Contractor from City will be presented to the Contractor by the Director prior to actual deduction to allow for explanations. 14. NON-INTERFERENCE 14.01 Contractor shall not interfere with the public use of the premises and shall conduct it's operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 15. STORAGE FACILITIES 15.01 City shall not provide any storage facilities for the Contractor. 16. TURF CARE 16.01 The Contractor shall perform at his sole expense the following services: a. Mowing - Turf to be mowed with an adequately sharpened rotary or reel type mower, equipped with rollers, to ensure a smooth surface appearance without scalping. All warm season grasses (Bermuda, St. Augustine, and Kikuyu) to be cut at a 1 inch height throughout the year. All coal season grasses (Blue Grass and Fescues) to be cut at 2 1/2 inches during April through November and at 2 inches during December to March of each year. The mowing heights will be adjusted by the Director during periods of renovation. All grass clippings will be collected and removed from the site on the same day the area is mowed. Notwithstanding the previous statements, use of a mulching type mower that SP7 deposits finely ground clippings in place is authorized and encouraged (large clumps of clippings must be removed). A mowing schedule will be established and maintained. This schedule will provide that all areas will be mowed not less than once a week during the warm season of April to November and once every two weeks during the cool season of December to March. This schedule will be submitted to the Director for approval. b. Fdging - With each cutting, the edge of the grass along sidewalks, curbs, shrub and flower beds, and walls shall be trimmed to a neat and uniform line. Where trees and shrubs occur in turf areas, all grass shall . be removed 6 inches from the trunks of trees and away from the drip line of shrubs by use of power scythe, approved chemicals, or small mowers as required. Trim around all sprinkler heads as necessary in order to provide maximum water coverage. Edging will be done concurrent with each mowing. The edge of the turf shall be trimmed around value boxes, meter boxes, backflow devices or any structures located within the turf areas. All turf edges are to be maintained to prevent grass invasion into adjacent shrub, flower, and ground cover bed areas. All clippings shall be removed from site the same day area is edged. After mowing and edging is completed all adjacent walkways are to be swept clean by power blower. c. Weed Control - Control turf weeds as needed and in accordance with the specialized maintenance program (Exhibit Q. Hand removal of noxious weeds or grasses will be required as necessary. d. Insect/Disease Control - Eliminate all insect or disease affecting turf areas as they occur. e. Aeradng - Aerate all turf areas four (4) times annually in accordance with the specialized maintenance program (Exhibit Q. Aerate all turf by using 1/2 inch tines removing 2 -inch cores of sod with an aerator machine at not more than 6 -inch spacing once over. Director is to be notified at least two (2) weeks prior to the exact date of aerating. f. Thatch &moval - Renovate all warm season grasses to the soil line and verticut all cool season grasses once annually prior to the overseeding operation to be performed in the fall of each year. Equipment will consist of standard renovating or vertical mowing types. Director is to be notified at least two (2) weeks prior to the exact date of renovation. g. Irrigation - Irrigation, including hand -watering and bleeding of valves during an emergency situation, as required to maintain adequate growth rate and appearance and in accordance with a schedule most conducive to plant growth. Contractor to provide Director with monthly written irrigation schedule on form provided for this purpose. Director shall have the ability to change the irrigation schedule as the need develops. Adequate soil moisture will be determined by programming the automatic sprinkler controllers as follows: (1) Consideration must be given to the soil conditions, seasonal temperatures, wind conditions, humidity, minimizing runoff and the relationship of conditions which affect day and night watering. This may include daytime watering during winter weather to prevent icy conditions and manual operation of the irrigation system during periods of windy or inclement weather. During freezing, rainy and/or windy conditions, automatic irrigation will be discontinued. (2) In areas where wind creates problems of spraying water onto private property or road rights-of-way, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night (between the hours of 7:00 p.m. and 6:00 a. m.). (3) The Contractor shall be responsible for monitoring all systems within the jurisdiction of this specification and correct for: coverage, adjustment, clogging of lines, and SPS removal of obstacles, including plant materials which obstruct the spray. (4) Check systems daily and adjust and/or repair any sprinkler heads causing excessive runoff, including slope areas, or which throw directly onto roadway paving or walks (where sprinkler heads can be adjusted) within the District. (5) All controllers shall be adjusted on a weekly basis considering the water requirements of each remote control valve (sprinkler station). (6) Irrigation system will be controlled by Contractor in such a way as not to cause an excessively wet area which could interfere with the Contractor's ability to mow all turf. () The Contractor shall observe and note any deficiencies occurring from the original design and review these findings with the Director, so necessary improvements can be considered. (8) Contractor shall repair all leaking or defective valves immediately upon occurrence, or within twenty-four (24) hours following notification from the Director of such a deficiency. (9) A soil probe shall be used to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones. (10) Contractor shall file a monthly statement with the Department of Community Services certifying that all irrigation systems are functioning properly and provide a monthly irrigation schedule for the succeeding month. (11) Contractor shall also be required to file a yearly certification with the Department of Health Services and/or Walnut Valley Water District that all backflow prevention devices on the irrigation ' systems are operating in accordance with the requirements established by the Los Angeles County Health Services Department and/or Walnut Valley Water District. It will be the responsibility of the Contractor to repair and replace when necessary, subject to the provisions of Section 21 hereunder, all backflow prevention devices at his sole expense. Said certification shall be completed within thirty (30) days upon notification from the Department of Health Services and/or Walnut Valley Water District that said certifications are due. h. Fertilization - Turf shall be fertilized with a balanced type commercial fertilizer twice (2) a year during the months of May and September. All fertilizer used shall be inorganic and granular. Rate for each application shall be one (1) pound of actual available nitrogen per 1,000 square feet of a balanced type commercial fertilizer. The balanced fertilizer shall be approved by the Director and shall be of a 4-1-2 ratio. In addition to the balanced type commercial fertilization, the Contractor shall fertilize all turf areas with ammonium sulphate during March, April, and July of each calendar year at a rate of one (1) pound of actual available nitrogen per 1,000 square feet and with calcium or ammonium nitrate during November, December, and January of each calendar year at a rate of one (1) pound of actual available nitrogen per 1,000 square feet. All turf areas fertilized shall be thoroughly soaked immediately following fertilization. i. Turf Resee" - Contractor shall once each year in fall, overseed all turf after aerification and overseed all bare spots as needed throughout the remainder of the year to reestablish turf to an acceptable quality. When Contractor reseeds turf he will aerify, renovate or verticut, seed and mulch (spread evenly over the entire area to a uniform depth of 1/4 inch) in this sequence. The Director may require the use of sod when SP9 deemed necessary. Contractor shall be entitled to additional compensation for the cost of the sod only provided loss of turf was not due to the negligence of the Contractor. Overseeding shall be sown at a rate of five (5) pounds per 1,000 square feet and reseeding of bare areas shall be sown at a rate of eight (8) pounds per 1,000 square feet. The following seed specifications shall be used for all overseeding and reseeding. 17. SHRUB AND GROUND COVER CARE 17.01 The Contractor shall perform at his sole expense the following services: a. Pruning - Prune shrubbery during the month of January through March to encourage healthy growth habits and for shape and appearance with the exception of roses which shall be pruned no later than January. All shrubs shall be fret of dead wood, weak, diseased, insect infested and damaged limbs at all times. Remove all clippings the same day shrubbery is pruned. b. Trimming - Restrict growth of shrubbery and ground covers to area behind curbs and walkways, and within planter beds by trimming, as necessary, or upon written notice by the Director. c. Renovation - Renovate ground covers according to prescribed practices in the industry as needed to maintain a healthy vigorous appearance and growth rate. d. Disease and Inert Control - Maintain free of , disease and insects ad treat when needed pursuant to section 20. e. Weed Control - All ground cover and shrub beds are 'to be kept weed free at all times. Methods for control can incorporate one or all three of the following: (1) Hand removal. (2) Cultivation. (3) Chemical eradication. f. Fertilization - Apply fertilizer at least two (2) times per year (during the months of March and April, and September and October) to provide a healthy color in all plants with foliar feedings if applicable. Contractor will cultivate around plants where needed. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with a fertilization schedule, with two (2) weeks notification prior to the proposed fertilization. g. jaiga�on - Irrigate including hand watering and bleeding of valves in emergency situations where automatic systems are not functioning as required to maintain adequate growth rate and appearance. Section -16, Paragraph g, concerning irrigation practices shall apply to shrubs and ground covers. h. Shrub and Ground Cover Rep acement - All damaged, diseased (untreatable) or SP10 Proportion Name By Weight Purity Germination Newport Blue Grass 20% 95% 90% Lolium Perenne ' Pennfine' Rye 26 113% 95 % 85% Pennant Rye 26 1/3% 95 % 85% Derby Rye 26 1/3% 95 % 85% 17. SHRUB AND GROUND COVER CARE 17.01 The Contractor shall perform at his sole expense the following services: a. Pruning - Prune shrubbery during the month of January through March to encourage healthy growth habits and for shape and appearance with the exception of roses which shall be pruned no later than January. All shrubs shall be fret of dead wood, weak, diseased, insect infested and damaged limbs at all times. Remove all clippings the same day shrubbery is pruned. b. Trimming - Restrict growth of shrubbery and ground covers to area behind curbs and walkways, and within planter beds by trimming, as necessary, or upon written notice by the Director. c. Renovation - Renovate ground covers according to prescribed practices in the industry as needed to maintain a healthy vigorous appearance and growth rate. d. Disease and Inert Control - Maintain free of , disease and insects ad treat when needed pursuant to section 20. e. Weed Control - All ground cover and shrub beds are 'to be kept weed free at all times. Methods for control can incorporate one or all three of the following: (1) Hand removal. (2) Cultivation. (3) Chemical eradication. f. Fertilization - Apply fertilizer at least two (2) times per year (during the months of March and April, and September and October) to provide a healthy color in all plants with foliar feedings if applicable. Contractor will cultivate around plants where needed. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with a fertilization schedule, with two (2) weeks notification prior to the proposed fertilization. g. jaiga�on - Irrigate including hand watering and bleeding of valves in emergency situations where automatic systems are not functioning as required to maintain adequate growth rate and appearance. Section -16, Paragraph g, concerning irrigation practices shall apply to shrubs and ground covers. h. Shrub and Ground Cover Rep acement - All damaged, diseased (untreatable) or SP10 dead shrubs and ground covers will be replaced with the exact same material that existed and of similar size as required by the Director unless otherwise notified by the Director in writing. Substitutions for any plant materials must have prior approval in writing by the Director. Original plans and specifications should be consulted to determine correct identification of species. All shrubs shall be guaranteed to live and remain in healthy condition for no less than six (6) months from the date of acceptance of the job by the Director. 18. TREE CARE 18.01 The Contractor- at his sole expense shall perform the following services: a. Tree Maintenance - (1) Contractor shall be responsible for the pruning, shaping and removal of trees under 15' in height. The Contractor shall inform the Director's office of any damaged or diseased trees or any trees that poise a threat to adjacent concrete, walls or property. (2) All trees shall be maintained free of all dead, diseased and damaged branches back to the point of breaking. Cuts must be made flush with the parent limb or trunk to promote proper healing. Any cuts exceeding one and one-half (1 1/2) inch will be treated with a wound dressing. All sucker growth is to be removed from trees as it occurs. (3) Maintain seven (7) foot clearance for branches overhanging walks and fourteen (14) foot ' clearance for branches overhanging beyond curb line into the paved section of streets where applicable. (4) Control insects and diseases as needed pursuant to the provisions of .Section 19 and Exhibit C. (5) Stake and support all replacement trees and replace stakes which have been broken or damaged on existing trees as required. (a) Tree stakes shall be pentachlorophenol treated lodge pole pine not less than eight (8) feet in length for five (5) gallon size trees and not less than ten (10) feet for fifteen (15) gallon trees sizes (two (2) per tree). (b) Guy wires where required and plant ties will be of pliable, zinc -coated ten (10 gauge wire (two (2) ties per tree). (c) Hose for covering wire to be either new or used garden hose at least one-half (1/2) inch in diameter those ties should allow for minimum of three (3) additional inches of clearance beyond the diameter of the branch or trunk being secured). (d) Stakes will not be placed closer than eight (8) inches from trunk of the tree. (e) Stakes and ties will be placed so no chafing of bark occurs and shall be checked frequently and retied to prevent girdling. b. Fertilisation - Apply fertilizer within dripline at least once per year (during the months of March or April) to provide a healthy color in all plants. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with two (2) weeks notification prior to the fertilizer application. Spll C. lr i&Wgn - Irrigation will be programmed in conjunction with automatic controllers or manual control valves servicing turf or ground cover and shrub areas in accordance with the requirements of Section 16, Paragraph g. d. Pgrmi - If a permit is required for tree pruning, City Department of Community Services will obtain permit prior to commencement of work by Contractor. e. Tree Rola== m n - All trees permanently damaged by any means will be replaced as provided for under Sections 6 or 24 with the identical species of tree existing previously, unless otherwise notified in writing by the Director. The need for and the size of replacement will be determined by the Director at the monthly maintenance inspection meeting or upon written notification. Size of the replacement shall be of a like size not to exceed a 24 -inch box specimen container size. Substitutions will require prior written approval by the Director. original plans . and specifications should be consulted to insure correct identification of species. f. Olive Tree Spmyjng - Ornamental olive trees shall be sprayed to prevent fruit set by use of "Maintain." Two applications shall be required 7-10 days apart. The first application shall be applied when 1/2 to 3/4 of the olive blooms are open (sometime between April 1 and May 10). Both spray applications shall be put on using a power sprayer with a minimum of 150 p.s.i. pressure. 19. USE OF CHEMICALS (PESTICIDES) AND DISEASE AND PEST CONTROL 19.01 The Contractor shall perform at his sole expense the following services: a. Disease, insect and pest control tasks described previously in turf, shrub/ground cover and tree care specifications. b. Control of weeds, insects and pests in the District areas, landscaped or natural, that may have an immediate adverse affect on adjacent private property. 19.02 Chemical use shall be . controlled by the contractor per the following: a. Chemical A22li a ion - All work involving the use of chemicals will be accomplished by a State of California licensed pest control operator. A written recommendation by a person possessing a valid California Pest Control Advisor License is required prior to chemical application. b. Permits- All chemicals requiring a special permit for use must be registered by the Contractor with the County Agricultural Commissioner Office and a permit obtained with a copy to the City Department of Community Services prior to use. A copy of all forms submitted to the County Agricultural Commissioner shall be given to the Director on a timely basis. c.oC mpliance with Re ila ions - All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California will be adhered to. d. Pest Control- Control of ground squirrels, gophers, and other burrowing rodents by trapping and/or eradication will be provided by the Contractor at his sole expense. Whenever holes are visible upon the surface, these holes shall be filled and securely tamped by contractor to avoid moisture runoff SP12 entering the holes. This procedure shall be followed in all areas especially within all slope areas. 20. GENERAL CLEAN-UP 20.01 The Contractor shall perform at his sole expense the following services: a. Trash Removal - Remove all trash and accumulated debris from site. b. Policing of Areas - All areas under maintenance and other designated areas will have above identified trash removed daily, seven days per week throughout the year. c. concrete/Asphalt Median Strip Maintenance - Contractor is responsible for weed and grass removal within concrete/asphalt median strip areas, if any, at all times. d. (orb and Grum M intenanoe - Contractor is responsible for removal of weeds and grass from curb and gutter expansion joints at all times. e. Walkway Maintenance - Walkways, if any, will be cleaned immediately following mowing and edging and cleaned by use of power sweeping or blower equipment not less than once per week. This includes removal of all foreign objects from surfaces such as gum, dog feces, grease, paint, graffiti, etc. All walkway cracks and expansion joints shall be maintained weed and grass free at all times. f. Drain Maintenance - All drains, "V" ditches and catch basins shall be free of siltation and debris at all times. g. Removal of Leaves - Accumulations of leaves shall be removed from all areas not less than once per week. h. Trash Containers in Mini -Parks - All trash containers in mini -parks shall be emptied daily, seven days per week, throughout the year, and removed from the site. 21. IRRIGATION SYSTEM MAINTENANCE OR REPAIR 21.01 All irrigation systems within the District areas designated in this specification will be repaired and maintained as required for operation, by the Contractor at his sole expense in the following manner: a. S= of Re, ility - The Contractor shall maintain (repair or replace as needed) and keep operable all irrigation equipment consisting of sprinkler heads, valves, lines, quick couplers, risers, automatic controllers, batteries, and backflow prevention devices. This paragraph does not require the Contractor to make a complete piping replacement of the system. b. Re2lacemment Requirements - Replacements will be of original materials or substitutes approved by the Director in writing prior to any installation. c. Extent of Responsibility - The Contractor will be responsible for immediate maintenance (repair or replacement) of all irrigation systems. Contractor will be responsible at all times for hand watering and the bleeding of valves in emergency situations as required to sustain and prevent loss of turf, trees, SP13 plants, and ground covers when automatic systems are not functioning. The replacement Section 21 requirements to be provided by the Contractor shall be the normal deterioration, wear and tear, or negligence upon the part of the Contractor. The replacement required by Section 21 caused by extraordinary incidents of vandalism, acts of God, and . third party negligence will be accomplished by the Contractor pursuant to the provisions of Section 23 of this Specification. However, the District(s) will continue the program of reimbursing the Contractor for the replacement with a new diaphragm valve of any piston type valve deemed to be unrepairable by the Director. However, the Contractor will be reimbursed only for the wholesale cost of the new diaphragm valve including sales tax plus 15% for overhead and profit (not for the labor to install). d. Ordinances - All materials and workmanship will be in accordance with applicable City or County Plumbing Ordinances. Where the provisions of the specifications exceed such requirements, the specifications shall govem. 22. MAINTENANCE AND REPAIR OF WALKWAYS & SERVICE ROADS, DRAINAGE SYSTEMS, CONCRETE BLOCKWALLS & MISCELLANEOUS IMPROVEMENTS 22.01 Walkways and Service Roads - All walkways and service roads, if any, shall be maintained by the Contractor so as to keep the integrity of the walking or driving surface in a safe, unimpaired condition. The Contractor shall be entitled to additional compensation for maintaining walkways and service roads in the following manner: a. Broken corners will be removed and . repaired as required. b. Broken curbs or headers adjacent to or part of roadways or walkways will be repaired or replaced. c. Contractor will not be responsible for total replacement of roadways or walkways as a result of normal deterioration, -but will be required to replace . all improvements damaged by his negligence. 22,02 praig&&Csy ems - The following services shall be provided by the Contractor at his expense except as otherwise provided for: a. All surface drains ("V" ditches), if any, shall be kept clear of debris so that water will have an unimpeded passage to its outlet. Contractor will repair or replace concrete portions as necessary for which the Contractor will receive additional compensation. periodically b. All sub -surface drains (except storm drains) , if any, shall be pe y flushed with water to avoid build-up of silt and debris. All inlets to sub- surface drains shall be kept clear of leaves, paper and other debris to ensure unimpeded passage of water. Contractor shall replace all broken or stolen sections of pipe, catch basin boxes and grates, for which additional compensation shall be authorized. 22.03 Miscellaneous Lmorovements - It will be the responsibility of the Contractor to repair or replace miscellaneous improvements such as signs and mowing strips, and any SP14 other structural improvements within the District unless otherwise specified. Contractor shall be entitled to additional compensation for these services. 23. MAINTENANCE, REPAIRS AND REPLACEMENTS DUE TO EXTRAORDINARY INCIDENTS 23.01 Contractor shall be responsible or performing maintenance, repairs and replacements, when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and Third party negligence in accordance with the provisions of this Section. The Contractor shall replace as the result of any of the extraordinary incidents described in this Section (1) damaged, diseased (untreatable) or dead shrubs, ground cover and trees in accordance with Sections 17 and 18 and (2) inoperable irrigation equipment described in Section 21. The Contractor shall submit a written estimate of the cost for performing such work. The Director may, upon review and approval of such estimate, authorize the Contractor to perform said work by the issuance of a written Work Order. After submittal of the bill, the Contractor shall be reimbursed only for the agreed upon cost estimate. Allowable elements of cost for (1) the replacement of shrubs, ground cover, and trees shall be their wholesale cost including sales tax and cost of labor plus a factor of 15 percent (15%) for overhead and profit and (2) the replacement of Irrigation Equipment as defined in Section 19 of these Specifications shall be only the wholesale cost of equipment including sales tax (no reimbursement for Contractor's cost of labor) plus a factor of 15 percent (15%) for overhead and profit. In the event the Contractor's written estimate is not approved, then the Director reserves the right to contract with a third party to perform such work. 24. MAINTENANCE INSPECTIONS 24.01 The Contractor shall: a. Weekly perform a maintenance inspection during daylight hours of all facilities within the District. Such inspection shall be both visual and operational. The operational inspection shall include operation of all sprinkler, lighting and other technical systems to check for proper operational condition and reliability. b. Monthly meet on site with an authorized representative of the Director for a walk-through inspection. Said meeting shall be at the convenience of the Director and may include residents of the community. The Director shall notify the appropriate local representatives of the time and place of each walk- through inspection at least one (1) week prior to such inspection. In addition, weekly interim inspections may be made by the Director. Any corrective work required as a result of a monthly inspection or any interim inspection by the Director shall be accomplished to the satisfaction of the Director within three (3) days of the notification of deficiencies, except in the case of a leaking valve which must be repaired within 24 -hours following notification. 25. PLAYGROUND EQUIPMENT MAINTENANCE 25.01 All playground sites and equipment shall be inspected at the start of each work day and sand cleaned and raked level to remove any foreign and hazardous material and neatly groomed. 25.02 Special attention shall be made to low sand areas, around play equipment. These sand areas shall be leveled by distributing sand from high areas to low areas. 25.03 All sand play areas shall be maintained free of litter, cans, pop tops, broken glass and other debris. 25.04 All playground sites and equipment shall be checked daily, seven days per week, throughout the year and Contractor shall clean and remove litter from sand areas daily, seven days per week, throughout the year. Any unsafe condition of play equipment shall be corrected and/or reported pursuant to Section 8 of these specifications. 25.05 By the 10th of each month, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rototilling, all areas shall be raked level. 26. • FIRE PROTECTION SLOPE AREAS MAINTENANCE 26.01 These slope areas are hillside areas and are designed to meet Los Angeles County Ordinances for fire retardation. These areas generally occur in sloping terrain with gradients ranging 10 percent to 100 percent. Slopes are either manufactured or natural. The natural slopes have been brushed to remove certain plant materials. Manufactured slopes have been hydromulched in accordance with applicable County ordinances. Use of these areas by the residents should be minimal. 26.02 The maintenance of the natural slopes requires that the weeds and native brush be clipped to a height of 2 to 4 inches for a distance of at least 100 feet from a dwelling or structure. Also, dead wood from woody plants shall be trimmed when the area is brushed. Apply water within the cleared zone only as needed during fire season to maintain sufficient moisture content for sustenance of the plants and to inhibit combustion. Remove all debris from this operation off the District property. Weeding shall commence immediately following the rainy season once the growth of weeds has reached a maximum of 12 inches in height or when the County Fire Marshall has determined that a fire hazard condition .exists. The required weeding shall be completed as soon as possible following its commencement and shall be completed throughout a District within a maximum period of thirty (30) days. Contractor shall be responsible for maintaining the brushed slope areas throughout the year in accordance with the above -identified height of weeds, dead wood removal and distance from dwellings or structures requirements. This may require that certain areas will need additional brushing as directed by the County Fire Marshall. Contractor will be paid additional compensation for additional brushing at the rate SP16 specified in the form of bid. Also, Contractor shall fertilize twice a year shrubs in these areas with inorganic 10-6-4 and remove weeds to a distance of 30 feet measured from any sidewalk adjacent to a fire protection slope area. 26.03 Where reference is made to weeding, brushing or clearing within 100 feet of a structure, it is intended that the space between the structure and the private property line is the responsibility of the owner of the property. As an example, assume a private residential lot has a depth of 100 feet, the rear or side of which abuts a fire protection slope. Assume that the structure is set back 20 feet from the property line abutting this slope. The Contractor's responsibility is within the portion or balance of the 100 feet outside of the private property boundary, or, in this case, 80 feet. Consult with the Director for any questions regarding these areas. 26.04 The maintenance of the manufactured slopes requires that the planted slopes be kept weed free at all times. Contractor shall program the irrigation system to deliver sufficient moisture within the root zone of trees and shrubs to sustain growth. Contractor shall be responsible for any damage to slope areas caused by excessive watering practices. Plants and trees shall be fertilized in accordance with the requirements of Sections 17 and 18 of these Specifications. Weeding will be subject to the special conditions identified in Exhibit D of these specifications. 27. NATURAL AREAS MAINTENANCE 27.01 Natural areas are open space areas that have minimal usage due to the sloping character of the land and the rugged landscape materials that are native to the land. Contractor will provide periodic maintenance consisting of debris removal only as directed by the Director. 27.02 Surface drains ("V" ditches) located in natural areas shall be maintained by the Contractor per 22.02.a at the Contractor's sole expense. 28. TERM OF AGREEMENT 28.01 This Agreement shall take effect and commence upon its execution by the City Council and unless executed on the first day of a calendar month, shall continue for the rest of the partial calendar month in which executed and for a period of twelve (12) full calendar months thereafter. 28.02 The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional 1 year extensions. 29. CONTRACTOR'S COMPENSATION 29.01 Should this Agreement commence on other than the first day of a calendar month, SP17 the Contractor's compensation for that partial calendar month shall be prorated at the rate of 1/30 of the full monthly rate per day, to, and including, the last day of the partial calendar month. 29.02 In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 28.02, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. 'The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensations as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, as its discretion, substitute for the Index such other similar index as it may deem appropriate. IJ � vn�r,710 _-_- .. _II '_r ti t' 110: 1 1_ A7 30.01 Contractor shall divert all organic material (i.e. grass clippings, tree trimmings) from being disposed with regular refuse. Contractor shall, to the extend feasible, utilize acceptable techniques (i.e. grassrecycling, composting) as approved by the Director, in the diversion of all organic materials from landfills. 30.02 Diversion shall be completed on an on-going basis. SP19 11, I. A-rz'--9Q'l IF MJ W Wr rl zw' 407 to !An =14 Am" be \ s a A+K tit, 6�kW Sep-js (s7 Fy. us 4b'r 41 bld� A" stJe- 441�o N Tewpk - 4p CV& S.. Area: . . . . . . . . TLrf -- S. '4 Acres .tl e-. EXHIBIT "B" LANDSCAPE MAINTENANCE CERTIFICATION I (We) hereby certify under penalty of perjury that the work within the facilities specified under the provisions of the contract specifications for the District has been performed in accordance with the specification of said Agreement for the month of , 19_, and that: 1. Not less than the prevailing wages, as determined by the State Department of Industrial Relations, have been paid to personnel employed to do this work. 2. All On -Going Maintenance Tasks have been completed as provided for in said Agreement and Specifications. 3. Irrigation systems have been checked for operability and that the following are functioning properly. a. Irrigation lines b. Valves c. Sprinkler heads d. Controllers 4. Spraying and/or use of chemicals has occurred. If Yes, have: a. Copies of the PCA's written recommendation been sent to the Inspector? b. Copies of the Pesticide Use Report been sent to the Inspector? c. Copies of restricted use permits been sent to the Inspector? SP20 5. Specialty Type Maintenance been requested? If Yes, has: a. The inspector been notified in writing? b. If applicable, quantity and complete description of materials used been sent to inspector? 6. The work schedules provided remain unchanged. If schedules have been changed, has: a. Inspector been notified?: 7. COMMENTS Company Name (please print) Authorized Representative's Signature SP21 Date i i OVJ W H OM NN C WG J C C W _ r z TO W V Y` a J r i z'� E EQ c o Li V2 c 4i V W. o• W0 = r = e z C < + N C J SP22 CITY OF DIAMOND BAR STATE OF CALIFORNIA FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 39 THE CITY OF DIAMOND BAR in The City Clerk of the City of Diamond Bar, CaliforniaMarchi23 r1� ed pproopCeosals or City Hall, in said city, until 10:00a.m., Thursday, M will be conducted on the performance of the above described services. A walk through Friday, March 10, 1995 at 9:00a.m. CITY OF DIAMOND BAR Phyllis E. Papen, Mayor Gary H. Werner, Mayor Pro Tem Eileen R. Ansari, Co nonce meer Clair W. Harmony, mber Gary G. Miller, CouncilmemM roger Terrence L. Belanger, City IlapORTANT NOTICE TO BIDDER Notice is hereby given that the City of Diamond Bar is soliciting bids for maintenance services for Lighting and Landscape District No. 39. be held A Ma,�y bidders conference and inspection of the Bear to City ed will East Copley at 9:00a.m. on Friday, March 10, 1995 at Diamond ty Drive, Suite 100, Diamond Bar, California. until 10:00a.m. on Thursday, March 23, 1995 at Diamond Bar City Bids will be acceptedDiamond Bar, California 91765, at which time Hall, 21660 East Copley Drive, Suite 100, and place said bids shall be publicly opened, examined and declared. Inquiries regarding these specifications can be directed to Bob Rose, Director of Community Services, (909) 396-5694. Director of Community Services, at the Upon receipt of this proposal, contact Bob Rose, person within your company. Failure City of Diamond Bar with the name of a contact pe to provide the City with this information may result lin improper mbe � distribution of for information materials regarding the bid documents. The City will not being distributed to the proper person. SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 39 IN THE CITY OF DIAMOND BAR TABU OF CONTENTS NOTICE pTINVITING FOR SEALED B BIDDERS INFORMATION SCHEDULE OF PRICES BIDDER'S PROPOSAL CONTRACTOR'S INDUSTRIAL SAFETY RECORD SUBCONTRACTOR NON -COLLUSION AFFIDAVIT FAITHFUL AND�NIAMATERIAL ORMANCE BOND BOND LAB BIDDER'S BOND AGREEMENT SPECIAL PROVISIONS SPECIFICATIONS FOR MAINTENANCE SERVICES EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT "D" 1 6 12 13 15 16 18 19 20 21 22 29 SPI SP19 SP20 SP22 SP23 RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL DOShECIFICAI'IONS F THE CITY OFO DIAMOND BAR APPRVING PLAN MANCE OF FOR THE LANDSCAPE AND IRRIGATION MAINTE LIGHTING AND LANDSCAPE DISTRICT NO. 39 IN SAID CITY CTl'Y CLERK O AND AUTHORIZING O RECEIVE BIDS. DIRECTING C ADVERTISE WHEREAS, it is the intention of the City of Diamond Bar to maintain certain improvements in .the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared Plans and specifications for the maintenance of cern improvements. OF DIAMOND BAR, NOW, 'THEREFORE, THE CITY COUNCIL OF THE CITY AND ORDER AS CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE FOLLOWS: ifications presented to the City of Diamond Bar .SECTION I. That the plans and spec specifications for the Landscape and Irrigation be and are hereby approved as the plans and spec Maintenance in Landscape and Lighting District No. 39. ertise s for doing specified SECTION 2. That the City Clerk is hereby authorized and directed to wor�spec' � required by law for the receipt of sealed bids or proposals resaid lans and specifications, which said advertisement shall be substantially in to the afo P the following words and figures, to wit: Los Angeles pursuant to a Resolution of the City Council of the City of Diamond gar, California,directing this notice, NOTICE IS HEREBY GIVEN that the of Diamond said City County, Clerk in the City steed bids or of Diamond Bar will receive at the office of the City March 23, 1995 sealed cape District Bar, on or before the hour and IrOri� o Maintenancersday n Lm- On Thuighting an proposals for the Landscape No. 39 in said City. Clerk, Bids will be opened and publicly read immediatelyforni the offer of the City Suite 100, 21660 E. Copley Drive, Diamond Bar, Cal rovided for the purpose, addressed to the City of Bids must be made on a form or Lighting and Landscape Ma►ntenanCe Distract No. Diamond Bar, California, marked, 39 in the City of Diamond Bar". given that in accordance with the Provisions of PREVAILING WAGE: Notice is hereby g ter 1, Articles 1 and 2, the Contractor is California Labor Code, . Division 2, Part 7, Chap r diem wages for work of a required to pay not less than the general prevailing rate of per in which the public work is performed, and not less than similar character in the locality and overtime work. In that the general prevailing rate of per diem wages for holiday e Director of the Department of Industrial Relations of the State of California is regard, the prevailing rates of per diem wages are on file required to and has determined such general of Diamond Bar, Suite 100, 21660 E. Copley in the office of the City Clerk of the City interested party on request. The Drive, Diamond Bar, California, and are available f such determinations to be posted at the job Contracting Agency also shall cause a copy site. penaltyto the Pursuant to Labor Code Section 1775, the fort�hrlabborer.°Workman or mechanic City of Diamond Bar, not more than fifty ($50.00) r each calendar day or PO1t1On thereof, if such laborer, workman, or mechanic employed for prevailing rate of wages hereinbefore stipulated for any is paid less than the general P him or by any subcontractor under him, in violation done under the attached contract, by of the provisions of said Labor Code. accordance with the provisions of Section 1777.5 of the regulations fothode esCalifornia ended In acro by chapter 971, Statutes of 1939, and in accordance with Fin the prosecution Apprenticeship Council, properly indentured apprentices may be employed of the work. Attention is directed to the provisions in Sections 1777.Soan�y su7bc6oritfrdc�or Laborr apprentices by the Contractor Code concerning the employment of him. 1 to the joint apprenticeship committee Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply ofthe apprenticeship Program nearest the site of the public works project and which administersfix for a certificate of approval. The certificate file contract the The ratio tio Of in that trade Performance apprentices to journeymen that will be used in the t one to five except: of apprentices to journeymen in such cases shall not be less than e area of coverage by the joint apprenticeship A. When unemploymentin th an average of 15 percent in the 90 days prior to the committee has exceeded request for certificate; or When the number of apprentices in training in the area exceeds a ratio of one B. 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 bests statewide or locally; or provides evidence that he employs registered apprentices D When the Contractor p one apprentice on all of his contracts on an annual average of not, less than to eight journeymen. 2 ed for the The Contractor is required to make contributions °re stered apprentices lorhjourneymen �ministradon of apprenticeship programs if he employs g in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standard, wage schedules, and other requirements may be obtained from the Director of Industrial thea Division of lApprenticesl►iPciO the 1S dards r of Apprenticeship, San Francisco, California, or from and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five ($25.00) for each laborer, workman, or mechanic employed w work hereinbefore mentioned, the execution of for by him or any subcontractor under him, upon y or permitted each calendar day during which said laborer, workman, or mechanic is required to labor more than eight (8) hours in violation of said Labor Code. s to pay travel and subsistence pay to each workman needed to execute Contractor agree payments aro defined in the work required by t ve�bargaining agreementsContract as such ravel filed and daccorlstencedance with labor Code Section the applicable collective 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or to the City of Diamond Bar for an amount equal to at least 10 bidder's bond, payable percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the contract if the same is awarded to him, and in oe= ebnttnoof sh all retome terse to such cthy proposed contract said cash, cashier's check, or certified check, of the City of Diamond Bar. the amount If the City of Diamond Bar awards the contract City of Diamond xt Bar to bidder,the difference of the lowest bidder s security shall be appl ed Y shall be returned between the low bid and the second lowest bid, and the surplus, if any, to the lowest bidder. contract The amount of the bond to be given to secure a faithful performance thereof, and an for said work shall be one hundred percent (100°0 of the contract p rice for to one hundred percent (10096) of the p lies additional bond in an amount equal payment of claims for any materials or supplies said work shall be given to secure the pay the Contractor, or any furnished for the performance of the work contracted to be done by 3 and the Contractor w work or labor of any kind done thereon, ill 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. time of No proposal will be considered from a Contractor s Licenseho is t licensed at Law(Californias Business award in accordance with the provisions of the contracto Business and Professions Code, Section 7000 et seq.) and rules and regulations adoptedpursuantA thereto or to whom a proposal form has not been issued by the City of Diamond Bar. C-27 license is required. profiles, plans, and specifications of The work is to be done in accordance with the P ofHall, Diamond the City of Diamond Bar on file in the office of the City Clerk at the City application Bar, California. Copies of the plans and specifications will be furnished upon app to $15.00, said $15.00 is non-refundable. o the City of Diamond Bar and payment o copies of the plans and specifications will be Upon written request by the bidder, a payment stipulated above, together with an mailed when said request is accompanied by p ym es and additional non-reimbursable payment of $5.00 to cover the cost of mailing charges overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar.' rovisio as set In accordance with the requirements of ncete 9-3of contracted tothe General Pbe done by the forth in the Plans and Specifications regarding Contractor, the Contractor may, upon the Contractor's request of st and at the C d (Contractor'asollse cost and expense, substitute authorized securities m retention). !! The City of Diamond Bar, California, reserves the right to reject anY and all bids' The Engineer's Estimate is: $ 75,000 By order of the City Council of the City of Diamond Bar, California. Dated this day of 1995. ED this day of PASSED, APPROVED AND ADOPT ................... 1' MAYOR ATTEST: CITY CLERK LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that I• roved and adopted at a regular meeting of the the foregoing Resolution was passed, app _ day of 1995 by City Council of the City of Diamond Bar held on the —' the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar 5 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. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashiers or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guaranty that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed. 3. SIGNATUREe The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid upon, alternative proposals or any other modifications of the bid form which is not specifically called for in the contract documents may result, in the owner's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered but a telegraphic modification may be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DISCREPANCIES IN PROPOSALS- In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to . waive any irregularity or informality in any bid to the extent permitted by law. 6 6. BIDD .R'4 FYe rtwr. TION OF STTR of the proposed work and the contract documenttsshtherefore. it willexaminebidder shall carefully the site bidder has investigated and is satisfied as to the conditions te am d that the o be encountered character, quality, and quantity of materials to be furnished, and as to the r firemen the the contract, specifications and drawings. Thendividual �N is of of the work and the date of such examination name lobe stated in a proposal. efined the site By submitting a bid, the bidder will be held to have personally examined the site and drawings, to have carefully read the specifications,the ability to meet all the difficulties attending the execution doto he proposed have sa�n himself as to his delivery of his proposal, and agrees that if he is awarded a contract, h contract before the claim against the City of Diamond Bar based on ignorance or misunderstanding contract provisions. g of the OF BII)C; Atl written request, or by telegraphic request confirmeder d withdraw in three mhis er s either personally, by time prior to the scheduled closing time for receipt of bids. above at any 8. contract until he has secured all insurance and rbonds qui ed commence ems work under this he allow any subcontractor to commence work on this subcontract until all similar insurance and bonds required of the subcontractor have been obtained. ce compliance with this section shall be issued in the form, and beaninsurer or tm�suurrein rs satisfactory to and first approved by the City in writing. amounts required shall be furnished b the con Certificates of insurance in the of work. Y tracror to the City prior to the commencement The contractor shall maintain adequate Workmen's Compensation Insurance under the law of the State of California for all labor employed by him orb an s who may come within the protection of such Workmen's Y Y subcontractor under him contractor shall maintain public liabilityCompensation Insurance laws. The against loss from liabilityimposed insurance protect said contractor and the City including death resulting therefrom by law, for damages on account of bodily injury, or persons, other than employees, suffered orldirectly or o haves been from suffered b any Y person execution of this contract or any subcontract thereunder, and also to protect �saidormance contractor and the City against loss fry liability insurance shall be maintained by the cont ac ory in fullor damag of property, damage Period of performance under this contract, in the amount of not less than dung the entire person injured in the accident and in the amount of not less than $1,000,p 0 f r more thaii one person injured in one accident and in the amount of not less to any property damage aforesaid. The City shall be than $500,000 with respect named a co insured regardless of fault. The contractor shall secure with a responsible co requirements satisfactory bonds conditioned upon faithfulPerformance rfo corporate surety, or corporate sureties, under the contract and upon the payment of aclaaiims the materials, men l and laborers thereunder. The Faithful Performance Bond shall be in. the sum of not less than one of the estimated aggregate amount of the payments to be made hundred percent (100%), 7 under the contract computed on the basis of the prices stated in the propos. .The and M�� Bond shall be in the sum of not less than one hundred Labor estimated aggregate amount of the percent (100 �) of the basis of the prices stated in the proposal. to be made under the contract computed on the proposal. 9. submitting a bid for the proposed contract*is in do If any person contemplating of the drawings, s is doubt as to the true meaning of any part g . pecifiications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, request for an interpretation or corretion thereof. he The person stri to the Owner a written be responsible for its prompt delive ung the request will documents will be made only by Addendum dulyinterpretation and a or correction fsuch of the contract be mailed or delivered to each PY of aitch addendum will is authorized to make an person receiving a set of the contract documents. No -person any bidder, and no bidder isauthorizedto interpretation rely n any such provision uin the contract documents to nauthorized oral interpretation. 10. firm, partnership, ce More than one proposal from an individual, considered. rporation, or association under the same or different names, will not be Reasonable grounds for believing that an Proposal for the work contemplated will cause the ejections of alis lerrs� m more than one bidder is interested. If there is reason for believin P oposals in which such all bids will be rejected and none of the g that collusion exists among the bidders, Participants in such collusion will be considered in future proposals, 11. AWARD OFSONTRArr The Ci ma bidder on the total base bid or on an ty y award the contract to the lowest responsible will be compared on the basis of ythe elowest alternates indicated in the proposal. Bids alternates selected and the contract, if awarded, pwillbbe le awarded to Vst relative . oe . e, or whose proposal complies with the requirements of theses sPon bidder will be made within sixty (60) calendar days after the opening of the The award, if made, the award may be made after said period if the successful bidder has po given the r, written notice of the withdrawal of his bid. City 12. A IERN,ATE; If alternate bids are called for, the contract may be awarded at election of the governing board to the lowest responsible bidder on the the base bid and any alternate or combination of alternates. base bid, or on the 13. OOMPF.TFrvC�ivenn F Riilil�D�consideration will be not only to the financial In gs�n�nlowest responsible bidder, competency of the bidder for the performance of the work covered by g but she to the general proposal. 14. LUTING S t 1BCOIVTR A CTO r subcontractors on this project as required by the Pblettirpose are furnished and Subcontractingrrnished with the contract Each bidder t a list f F i r Act (Public Contract Code). Forms for this u P oposed Subletting documents. 15. wORKmEmS (imEE.N, aT►n� In accordance with the provisions of Section 3700 8 Of the Labor Code, the Contractor shall secure the payment of com n employees. The Contractor shall sign and file with there pe cation to his to Performing the work under this contract; ^I am Owner the .following certificate prior of the Labor code which require compensation or to ndertakeof eself=in u��f .mon 3700 with the provisions of that code, and I will in accordance the Performance of the work of this contract. "plY with such Provisions before commencing 16. BID p .Prtcrr RFTt�uiv at the discretion of the Owner, :Deposits of three or more low bidders, bidder of the Bonds required and returnwill be eld for of executed co the number being ry days or until posting by the successful first occurs, at which time the deposits will be returned afterocon consideration Agreement, whichever 17. the bids. ETON OF ['ONTRArr The bidder to whom award is made shall execute written contract with the City on the forma to a and bonds as herein provided within ten 110) dent providedfrom, and shall secure all insurance award. Failure or refusal to enter into a contractus herein a dateOf or written notice of the Of the stipulated requirements in connection therewith shall be just causeto form to any o a annulment Of the award and the forfeiture of the proposal guaranty If the successful bidder refuses or fails to execute the contract Contract to the second lowest responsible bidder. If the o e City may award the refuses or fails to execute the contract, the Ci second lowest responsible bidder responsible bidder. On City may award the contract to the third lowest execute the contract, such bidder's or refusal of such second or third lowest bidder to work may then be reach erti idd. guarntees shall be likewise forfeited to the City. The 18. :QRE- QUq""' pursuant to Division 5, Ch Government Code, all s after 4, Article 4 (commencing at 54380) Provided however specifications shall be deemed to include the words "or equal", specifications, that permissible exceptions hereto shall be specifically noted in the 19. comply with the provisions in The contractor, and all subcontractors, shall of the California Sections 1777.5, (Chapter 1411, Statutes of 1968 Labor Code concerning the employment of )' and 1.6 any subcontractor under him shall comply with the requirements of said scotions �n and employment of apprentices; however, the contractor shall have full responsibility the compliance with said Labor Code section, for all apprenticeable occupations,ty for any other contractual or employment relationships alleged to exist. In addition tothea of State Labor Code Requirements regarding the emploticesyment hove contractor and all sub -contractors shall comply with Section 5 ap 3,i Title29 of ee trthe ainees, of Federal Regulations (29CFR). 20. EVIDFNcE OF FCPni�7crnrr r•r+� bid is under consideration for the award of then contracn the t �sltall he Cbidder whose satisfactory Promptly to the City evidence showing the bidder's financial resources, his construction experience organization and plant facilities available for the performance of the contract. •and his E 21. SAGE A'TFc; The Contractor and/or Subcontractor shall pa wages the "Notice Inviting Sealed Bids" section of theses y g as indicated in Section 1775, the Contractor shall forfeit as peclfica°ons. Pursuant to Labor Code than fifty dollars Penalty to the City of Diamond Bar, not ($50.00 for laborers, workmen, or mechanics employed for each ca more day, or Portion thereof, if such laborer, workman or mechanic employed is calendar the general prevailing rate of wages herein referred to and stipulated for Paid less than under the proposed contract, by him, orb an any work done Provisions of the Labor Code, and in y Y subcontractor under him, in violation of the all collective bargaining agreements relating particular, theWork as tons 1770 fo17h8 inclusive. Copies of SecLabor Code are on file and available for in in the aforementioned Industrial Relations, Division of Labor Statistics and Ren the office of the Department Partrnent of 22. PEBMITS FFFc 4ND t I FTVCFC to do business uz the City of Diamond Bar The Contractor shall Possess a valid License under this contract. prior to the issuance of the first payment made 23• lY0 RF.Fr run that u ORD AwtNG4 AN:; eD�-•.,.,., Pon Payment of the Purchasers are advised specifications aPProPnate purchase price, the set of contract drawings and of Diamond B me the property of the purchaser and are not to be returned to the a City 24. gj�gD OF ONTR UM. the lowest responsible bidder whose propwsaldcoo npliecontract, Awith alltthe a irem awarded, will ib to 25. e requirements described. The quantity of work for the unit price items to be done under the contract, as noted in the Schedule of Prices, is an estimate and is not to be taken expressed or implied statement that the actual quantity, of work will correspond estimate, as an � to the The right is reserved by the City of Diamond Bar to increase or decrease or to entirely eliminate items from the work if found desirable or expedient. The Con allowed no claims for anticipated profits, loss of profits or for an tractor will rt because of any difference between the estimated and actual s damages of any sort quantities work decreased or eliminated by the City of Diamond Bar. of work done or for The City Council of the City of Diamond Bar reserves the right to reject an and to waive any irregularity or informality in any bid to the extent y or all bids 26. Permitted by law. L OF IDS; 'le bidder may withdraw his bid at any time prior to the date and hour set for opening of bids upon City's Engineer signedy P Po presentation- of a written request to the the bid. b an authorised representative of the bidder or by the person filing 27• '111 rLL1711LID PROPnc e r c proposals submitted b telegraph logged in at the office of rhe City Clerk of the City of DiamoBar d those which are not hour set for receipt of same will not be considered. • Prior to the date and 10 28. additions, �conions, limitations,] or Provisions The ninserted bof the y �l not be changed. An irregular and may cause its rejection. Y bidder will render the propos al Erasures of interlineations in the proposal must be explained or noted the bidder. over the signature of 29. tCEff s�►�� ORRFiFDiamond rrves then t to The City Council of the City of informality or defects in bids receive t} ebbs or �� any or all bids and to waive any ests of the City of Diamond Bar. Proposals in which the bid prices are obviously unbalanced may be rejected. Proposals in which a bid item is left totally blank will be considered as bei and automatically rejected. ng nonresponsive 30. SID pRI(�byy ND Aamount arrived aulttplying the unit price rimes the If a unit price bid item total total amount entered for the item or if the total am does not agree with the the corrected extension will be considered as representingnt is not entered, the unit price and If in a unit price bid item the total intentions. the unit price shall be mnount is entered for the item but not the unit price, that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid on individual items (if called for) do not add u Shown, the correctly added total of the individual items shall prevail Duero the total amount 31. the total amount. �A TO OIV7'RAr-r pCX'trt�,�Cwrr•a issue addenda to the contract documents during the The Enter may, from time to time, Purpose of clarifying or correctin s g period of advertising for bids, for the 8 special provisions, plans or bid proposal. Purchasers of contract documents will be first class mail or furnished with copies of such addenda, either by sent to the addressr personal Purchaser eelidelivery, d�encgo the cPerio of advertising. of Diamond Bar documents left wl�h orhfurnihed theill be City at the time the purchase was made. 11 CITY OF D SPECIFICATIONS FOR ANNUM, IAMOND BAR LIGHTING &LANDSCAPE LANDSCAPE MAINTENANCE FOR MAINTENANCE DISTRICT NO. 39 ITEM DESCRIPTION NO. QjJ•I, W� UNIT MONTHLY PRICE IN WORDS 1 Lump Miscellaneous landscaping in. Sum Maintenance District No. 39 except Parks (See attached Map) 2. Lump Landscaping of Parks in Sum District No. 39 TOTAL ANNUAL PRICE (in words) MONTIlI,Y PRICE ANNUAL IN FIGURES AMOUNT (in figures) BID SUBMITTED BY DATE COMPANY NAME ADDRESS CITY ZIP PHONE FAX SIGNATURE 12 BIDDER'S PROPOSAL FOR THE ANNU AL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE ISTRICT O. 39 IN THE CITY OF DIAMOND BAR, ALIFORNIA Dau 19 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: r parties interested in this proposal as principals aro the a) That the only persons o following: give the nam (If the bidder is a corporation,e of the corporation and the name of itsactnershi ve the name under which president, secretary, treasurer, and manager. If a cop P � co-partners. If an the co, -partnership does business, and �thn e contracnames ts addresses Of all co -p to be drawn-) individual, state the name under which is made without collusion with any person, firm or (b) That this proposal corporation. That he has carefully examined the location of the proposed work, and has (c) and climatic conditions, and makes this bid familiarized himself with all of the physical solely upon his own knowledge. he acknowledges receipt and knowledge (d) That by submitting this Bidder's Proposal, of Diamond Bar to him at the of the contents of those communications sent by the City form was obtained. address furnished by him to the City of Diamond Bar when this Proposal (e) That he has carefully examined the specifications, both general and detail, and the ins attached hereto, and communications sent to him as aforesaid, and makes this drawings proposal in accordance therewith. That, if this bid is accepted he will enter into a written contract for the (f) performance of the proposed work with the City of Diamond- ter into such contract and to accept in full payment for (g) That hepro Poses to enrices shown in the attached schedule. It is the work actually done thereunder the p understood and agreedrices will apply to the actual that the quantities set forth are but estimates, and that the unit p quantities whatever they may be. 13 om an ing this propos is a certified or cashier's check or bidder's bond, Accompany* cc P y of Diamond Bar to the suM of payable to the order of the City Dollars ($ a financially Said bidder's bond has been duly executed bbu he u dnrsignedithis�l idler and by sound surety Company authorized to transact that should the bidder fail within ten days after award of It is understood and agreed surety bonds, then the proceeds of contract enter into the contract and furnish acceptableof the City of Diamond Bar, but said check, or bidder's bond, shall said the Property r Will be released from ' entered into and said bonds are furnished, bidde the bid is not accepted if this contract is then said check shall be returned to the undersigned, or e the bidder's bond. Address of Bidder City Zip Code Telephone of Bidder Signature of Bidder 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification Bid Date in the State of California by the bidder and m as a principal or This information must include all construction corporation that that any pini thy btdde! t � of bid submittal. any partnership joint venture or cot and the current Year prior to �n or individual owner for the last five calendar Y for h particular partaership, joint v � hke taken into Separate information shall be submitted formation or explanation of data surrounding bidder. The bidder may attach any rd An explanation must be attached of the circums consideration in evaluating the safety recO any and all fatalities. 5 Calendar Years Prior to Current Year 1991 1992 1993 1994 TOTAL CURRENT YEAR 1. No. of contracts 2. Total dollar amount of contracts (in thousands of $) 3. No. of fatalities 4. No. of lost workday cases 5. No. of lost work day cases involving Permanent transfer to another job or termination of employment (,. No. of lost workdays' _ as required for column 3 to 6. Code 109 The information reg t required for�� Wuries and Illnesses of these records, OSSA No. 102. occupational Injuries, summary ' records that are av The above informatioailable to we at this time and I declare n was compiled from the limita�� of these records• under perjury that the information is true and accurate wry Name of Bidder (print) Address City Zip Code Signature 15 State Contractors Lic. NoA Classi5MM Telephone 5,3w 5 In compliance with the provisions of the laruti Public the pt Code Section 4102, the undersigned lace of business of each subcontractor general contractor in or about the bidder herewith sets forth the name � 1/2 of one who will perform work or labor or render service to the g construction of the work or improvement in an amount in excess f thenwot kf w 'loch will be percent (1 %) of the general contractors total bid, and the po done by each subcontractor. Address of Office Specific Description of License Sub -Contract work Name under which Sub- Number Mill or. Shop & portion of the work Contractor is licensed on of the work, the bidder agrees are i a subcontractor for nafiVe� subcontractors for the same If the bidder fails to specify to perform the work with his own crews. prohibited by provisions of the California Government Code*) Bidder Dated Signature Signature 16 Accompanying this proposal is „ " or "bidder's bond", (as the case may be) in the (Insert "$ certified check-, cash«, "cashier's check , rcent (109b) of the total bid). amount equal to at least ten pe within Tans and details, and delineated accordance with all applicable portions of the Bid price indicated refers to all items illustrated on p but not specifications installed and completely in place in acro documents and include all costs connected with such labor overhead, and profit, construction taxes, insurance, necessarily limited to, materials, transportation, for Contractor. completed project with all All work called for on the construction documents are to provide a rating properly and ready for use. systems operating the required contract, with further agrees that in case of default in executing holidays, after having The undersign days, not including Sundays and legal the proms of necessary bond, within ten (10) n awarded and is ready for signature, the contract has been me the property of the City of Diamond Bar, and received notice that ro the security accompanying his bid shall f m be considered null and void. this proposal and the acceptance thereof may - DATE NAME OF BIDDER (PRINT) SIGNATURE ADDRESS ZIP CODE TELEPHONE CITY CLASSIFICATION EXPIRATION DATE STATE CONTRACTOR LICENSE NO. the representations I declare under penalty of perjury of the laws of he Statee r�lrelr tints o� California Business made herein are Code and Section 7ce028 lt in asccordance and Professional CON—TRACT—OR SIGNATURE OR AUTHORIZED OFFICER CONTRA 17 NONCOLLUSION AFFIDAVIT State of California ) SS. County of Los Angeles ) being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any other bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or 'cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bids are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) Subscribed and sworn to before me this day of 1995. Notary Public in and for the County of Los Angeles, State of California My Commission expires 1995. 18 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as ---------------- "Contractor" as PRINCIPAL, an SURETY, are held and firmly bound unto the CITY the DIAMOND BAR, s as Dollar CALIFORNIA hereinafter referred to as the y ' f„* the navment ($ ) lawful money of the United States or d several firmly by of which sum, will and truly to be made, we bind ourselves, jointly these presents. LIGATION ARE SUCH, that whereas, said contract has THE CONDITIONS OF THIS OB n awarded and is about to enter into the tanne enticed tract with said City °L in been specification give, this bond consideration of the work under the and is required by said City 8 connection with the execution of said contract. Perform all the NOW, THEREFORE, if said Contractor shall well and truly do and Pe li tions of said contract on his part to be done and performed at the time covenants and ob ga and in the manner specified herein; this obligation shall be null and void; otherwise it shat be and in full force and effect; s to be furnished, PROVIDED, that any alterations in the work to be done, or I not iIn I n �an way release said PRO pursuant to the terns of said contract steal ted under the which may be made p extension of item gran Contractor or the. Surety thereunder nor shall any and notice of such provisions of said contract release contract is said waived by such Surety' alterations. or extensions of the r or said Surety contras day of WITNESS HEREOF, we have hereunto set our hands and seals plus—_"�- IN 1995. SURETY PRINCIPAL BY: (SEAL) BY: 19 (SEAL) LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, AND as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, hereinafter referred to as the "City", in the sum of DOLLARS ($ lawful money of the United States of America, for the payment of which sum, to be made, we bind ourselves, jointly and several firmly by these presents. CALIFORNIA will .and truly THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed contract with said City for construction of the work under the City's specification entitled and is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if said Contractor in said contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with . respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified' above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1995. PRINCIPAL SURETY By: (SEAL) (SEAL) 20 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as principal, and as surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on Thursday, March 23, 1995 for the Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 39 in the City of Diamond Bar. NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A. D., 1995. (seal) (seal) (seal) (seal) PRINCIPAL (seal) SURETY (seal) ADDRESS NOTE: Signatures of those executing for the surety must be properly acknowledged. 21 KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 39 in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 39 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. 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days, 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 22 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. Compcnsation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: _ "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. . 23 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 insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in 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 24 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. APPREismCESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the 25 Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOUR 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, CONT ACTOR'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 willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against ,And will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the 26 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-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated 91995, in the total amount of $ The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional 1 year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 28.02 of specifications, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim - Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, as its discretion, 27 substitute for the Index such other similar index as it may deem appropriate. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by City upon the giving of a written "Notice of Termination" to contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date By: Name Title APPROVED AS TO FORM CITY OF DIAMOND BAR, CALIFORNIA City Attorney Date Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time 28 By: Mayor City Clerk SPECIAL PROVISIONS 1 ♦ ::• ► 10 • ► All work shall be. done in accordance with the 1994 Edition of the Standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, Plans, Standard Construction Drawings and these Special Provisions. (a) Examination of Plans. Specifications. Special Provisions. and Site of Work: The bidder is required to examine carefully the site and the proposal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, including all installations and utilities, whether underground, surface or overhead, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. (b) Proposal Form: All proposals must be made upon blank forms to be obtained from the City Clerk at City Hall, 21660 E. Copley Dr, Suite 100, Diamond Bar, CA. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, and his. address shown. If the proposal is made by individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer. (c) ggiection of Proposals Containing. Alterations. Erasures or Irregularities: Proposals may be rejected if they show any alterations or form additions not called for, conditional or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. (d) Bidder's Guaranty: All proposals shall be presented under sealed cover and shall be accompanied by cash, cashier's check or certified check payable to, or bidder's bond in favor of the City of Diamond Bar in an amount of said proposal, and no proposal shall be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. (e) Award of Contract: The award of the contract, if it be awarded, will be to the 4] lowest responsible bidder. (f) Return of Bidder's Guarantees@ Proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. The Notice Inviting Sealed Bids, Proposal, Bonds, Instructions for Bidders, General Provisions and Detail Specifications, shall be deemed incorporated in the contract by reference. A corporation to which an award is made will be required, before the contract . is finally executed, to furnish evidence of its corporate existence that the officer signing the contract and bonds for the corporation is duly authorized so to do. Subsection 2-5.1. Plans and Specifications -General, is amended by the addition of the folly: An addendum to these specifications may be issued by the Engineer at any time prior to the bid opening. Section 5. Utilities. This section is modified by addition of the following subsections. Subsection 5-1. Location. This section is amended by addition of the following• The Contractor shall notify Underground Service Alert (USA) at 1-800-422-4133 two working days . prior to the start of any boring or excavating operations. The Contractor shall notify the owners of all utilities 48 hours before start of construction. The utility owners listed may be contacted as indicated. Utility Owner Identification. Utility owners who may have facilities which may affect the work are as follows: General Telephone 1400 E. Phillips Blvd. Pomona, California 91766 (909) 865-3307 Southern California Edison Company 800 West Cienega San Dimas, California 91773 (909) 592-3724 Walnut Valley Water District 271 South Brea Canyon Road Walnut, California 91789 (909) 595-7554 30 Southern California Gas Company Distribution Department 920 S. Stimson Ave. City of Industry, Ca 91745 (909) 3944327 Underground Service Alert 1 (800) 422-4133 Subsection 5-2. Protection. The Contractor is hereby alerted to the existence of all utility lines shown on the plans. The Contractor shall carefully protect all lines during the course of construction. The Contractor is cautioned to protect existing utilities and their appurtenances which may be within the work area. Particular attention shall be given to water valves. Prior to commencing construction the contractor shall submit for approval a construction schedule. 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 ResMns� ebilit for Work. Until acceptance of the work in writing by the City of'Diamond Bar, the contractor shall have the charge and care of the work site at all times and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non execution of the work. The contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof. The City of Diamond Bar permits stockpiling of excavation material and/or construction material only in an authorized location. This requirement also applies to the location of a material and equipment yard and a construction office. All existing improvements (except utilities) which are removed or damaged during the course of construction of the project shall be restored to a condition equal to or better than, in all respects, the existing improvements removed or damaged unless otherwise specified or noted on the drawings. 31 Full compensation for conforming to the requirements of this section shall be included in other items of work performed and no additional compensation will be allowed. Subsection 74.1 Duration of Contract- The ontra t•The Contractor shall begin work on the date specified in the "Notice to Proceed". Subsection 7-10.1. Traffic and Access is amended by addition of the following": No public street, or portion thereof, may be closed to through traffic as a part of this Contract. However, if, in the opinion of the Engineer, it is in the interest of the City of Diamond Bar to close the street, the contractor shall close the street as directed by the Engineer. Full compensation for conforming to the requirements of this section shall be included in other items of work performed and no additional compensation will be allowed. The Contractor shall furnish all flagmen and guards and supply and install all signs, lights, flares, barricade delineators, and other facilities which are necessary to expedite the passage of public traffic through or around the work or to prevent accidents or damage or injury to the public or to give adequate warning to the public of any dangerous conditions to be encountered. The Caltrans "Manual of Traffic Controls" shall be used for all traffic control on this project. Subsection 7-11 SHORING OF EXCAVATIONS Shoring of excavations is not generally required on this project, however, the City's Engineer may determine that shoring is required in portions of the construction area, due to the type of trench excavation proposed by the contractor. The City has performed no soil testing to determine precisely what areas, if any, will require shoring. Shoring of excavation if required shall be in accordance with the requirements of Subsection 306-1, as amended, of the Standard Specifications, and shall meet all the requirements of the Construction Safety Orders of the Department of Industrial Relations, State of California and of OSHA. Approved protective fencing and barricading will also be provided by the Contractor as a part of this item. Prior to the required excavation the Contractor shall obtain all permits required thereby. The Contractor shall conform to the Section 6424 of the California State Labor Code regarding shoring and bracing of excavations. Of special importance in this regard is the following extract from said section: "For the excavation of any trench or trenches five feet or more in depth, the Contractor shall submit for acceptance by the awarding body, or by a registered civil or structural engineer employed by the awarding body, to whom authority has been delegated, in advance of excavation, of a detailed plan showing the design of 32 shorings, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer". Full compensation for conforming to the requirements of this section shall be included in other items of work involved and no additional compensation will be allowed. Section 9. Measurement and Payment. Subsection 9-3 is modified by addition of the following Paragraphs: The Contractor agrees that the payment that 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 Pa ents. The Contractor shall be entitled each month to a monthly progress payment in an amount equal to ninety percent (90%) of the estimated percentage of actual work completed by the end of the preceding calendar month, based on the contract price less all previous payments, provided that in all events the City shall withhold no less than ten percent (10%) of the contract price until final completion and acceptance of the work. The contractor may substitute in lieu of cash retention. This payment on account shall in no way be considered as an acceptance of any part of the work or material of the contract, nor shall it in any way govern the final estimate. Final Payments. After the completion of the contract, the Engineer shall make a final inspection of the work done thereunder, and if entirely satisfactory and complete, the City shall pay to the Contractor an amount which, when added to the payments previously made and deductions allowable to the City, will equal ninety percent (90%) of the contract price. Thereafter the balance of the contract price remaining unpaid shall be paid 35 calendar days after the recording of a Notice of Completion by the , City. The payment of the final amount due under the contract and the adjustment and payment for any work done in accordance with any alterations of the same shall release the City from any and all claims on account of the work performed under the contract or any alterations thereof. 33 SPECIFICATIONS FOR THE PROVISION OF LANDSCAPE AND APPUR'T'ENANT MAINTENANCE SERVICES FOR SPECIAL LANDSCAPE MAINTENANCE DISTRICTS 1. SCOPE OF THE WORK AND CONTRACT 1.01 The Work to be done under these specifications shall include the furnishing of all labor, material and equipment necessary for the provision of landscape and appurtenant maintenance services as set forth in these specifications including the exhibits attached hereto within the boundaries of the Special Districts and as said boundaries may have been heretofore or may be hereafter altered. 1.02 The foregoing work shall be done in a thorough and workmanlike manner under the direction and to the satisfaction of the Director of the Community. Services Department. The premises shall be maintained at the level of service provided for in these specifications- at all times. 1.03 The Contractor shall have the exclusive duty, right and privilege to mow, edge, trim, overseed, reseed, fertilize, aerate, irrigate, hand water and bleed valves as necessary during emergencies when automatic systems are not functioning, prune, trim, and renovate turf and shrub areas designated hereunder, as well as to provide weed control, disease control, tree maintenance within the District, maintenance of sprinkler -systems including backflow, revention devices, repair of walkways, pumps; and the necessary maintenance of any appurtenant structures and equipment. 1.04 In return for the exclusiveness of said Contract and the other considerations provided for herein, the Contractor agrees to provide the landscape and appurtenant maintenance services within said District without any further compensation except as otherwise specifically provided for in the contract and/or specifications. 1.05 The Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage plant, groundcover or turf areas. 1.06 The Contractor shall, during the specified hours 'and days of operation, respond to all emergencies within two (2) hours of notification. 1.07 The Contractor shall perform a maintenance inspection weekly during daylight hours of all areas within the premises. Such inspection shall be both visual and operational. It, shall include operation of all irrigation, lighting and other mechanical systems to check for proper condition and reliability. 1.08 The term Director as used in these specifications shall mean Director of the Community Services Department or his authorized representative(s). 2. AREAS TO BE MAINTAINED 2.01 There are medians, parkway panels, cul-de-sac islands, village greens; adjacent roadway slopes, open space lots, linear greenbelts, paseos, fire protection slope areas, gate entry areas, creek SPI beds, semi -natural, and natural areas with turf, plants, trees, and ground cover which are irrigated by manual and/or an electrically controlled automatic systems. 2.02 Surface drains ("V" ditches) in the natural areas of the District are included as an area to be maintained by the contractor under these specifications. 2.03 An identification of the areas to be maintained is provided in Exhibit A attached to these specifications. 2.04 The bidder, before submitting his bid, shall visit all existing areas to be maintained and inform himself fully as to all conditions that might affect the work specified. Said inspection of these areas in the company of City representatives will be required as a condition of submitting a bid and all bidders must attend the bidders' conference which will be held on the site on the day of the walk-through inspection. 2.05 Estimated square footage by district are provided for all areas to be maintained on the attached Exhibit A. However, it is the responsibility of the Contractor to verify by inspection and to observe the various slope characteristics. 3. CERTMCATIONS/REPORTS 3.01 Certification Contractor shall complete the attached Landscape Maintenance certification form designated Exhibit B and shall submit same to Director concurrent with the monthly invoicing. The monthly payment to the Contractor will not be made until such report has been received by the Director. 3.02 In addition, when applicable, Contractor shall submit with the monthly invoice and Landscape Maintenance certification form, a report indicating, for those specialty type maintenance operations completed, the quantity and complete description of all commercial and organic fertilizer, grass seed and soil amendments used and, a valid licensed California Pest Control Advisor's recommendation and copies of corresponding pesticide use report signed by a licensed California Pest Control Operator for all chemical disease and pest control work performed. 3.03 Maintenance Function lZ",tr Contractor shall maintain and keep current a report form that records all On-going, Seasonal, and Additional Work, maintenance functions performed on a daily basis, by Contractor's personnel. Said report shall be in a form and content acceptable to the Director and shall be submitted to Director concurrent with the monthly invoicing. The monthly payment will not be made until such report is received by the Director. 4. ADDITIONAL WORK 4.01 The Director may at his discretion authorize the Contractor to perform additional work, in accordance with the provisions of the contract including but not limited to, repairs and replacements when the need for such work arises out of extraordinary incidents such as SP2 vandalism, Acts of God, and third party negligence; or improvements in order to add new, modify existing or to refurbish existing landscaping and irrigation systems as provided for in the contract authorizing the provision of those services. 4.02 Prior to performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials. No work shall commence without the written authorization from the Director. Not withstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Director nay verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twenty-four (24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Director for approval. 4.03 All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. 5. CONTRACTOR'S LIABILITY 5.01 All damages incurred to existing improvements located within areas under maintenance which in the City's opinion are due to the Contractor's operation shall be repaired or replaced at the Contractor's expense. 5.02 All such repairs or replacements shall be completed within the following time limits. a. Irrigation damage shall be repaired or replaced within one watering cycle. b. All damages to shrubs, trees, turf or groundcover shall be repaired or replaced within five (5) working days. 5.03 All repairs and/or replacements shall be completed in accordance with the following maintenance practices. a. Trees - Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. - If damage results in loss of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of Director. b. Shrubs - Minor damage may be corrected by appropriate pruning. - Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in Section 18 of these Specifications. c. Chemicals - All damage resulting from chemical operation, either spray -drift or lateral - leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil conditioned to insure its ability to support plant life. 6. EWERPRETATION OF THE MAINTENANCE SPECIFICATIONS 6.01 Should any misunderstanding arise the Director will interpret the Agreement. If the Contractor disagrees with the interpretation of the Director, he shall continue with the work in accordance with the Director's interpretation. Within thirty (30) days after receipt of the interpretation, SP3 he may file a written request for a hearing before a Disputes Review Panel as provided herein. The written request shall outline in detail the area of dispute. 6.02 The Disputes Review Panel will be appointed by the Director and will be composed of not less than three Non -City personnel having experience in the administration of Landscape maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to the Director, for his consideration, within one (1) week following the conclusion of the hearing. The Director shall render an interpretation based upon his review of the Panel's recommendation. The Director's decision shall be final. 7. OFFICE OF INQUIRIES AND COMPLAINTS 7.01 The Contractor shall maintain an office at some fixed place and shall maintain a telephone there at, listed in the telephone directory in his own name or in the firm name by which he is most commonly known, and shall, at all times, have some responsible person (s) , employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from property owners and tenants within said District or from the Director. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of the complaint within one (1) hour of receipt of complaint by the answering service. The telephone of said Contractor shall be on the exchange or exchanges of said District(s) or a toll-free number, and in no case shall the people of said District(s) be required to pay a toll charge to telephone said Contractor. During normal working hours, the Contractor's Foreman or employee of the Contractor, who is responsible for providing maintenance services shall be available for notification through radio communication. 7.02 Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify the Contractor cause such action to be taken by the City work force and shall charge the cost thereof as determined by the Director, against the Contractor, or may deduct such cost from any amount due to Contractor from City. 7.03 The Contractor shall maintain a written log of all complaints, the date and time thereof and the action taken pursuant thereto or the reason for non -action. The log of complaints shall be open to the inspection of the Director at all reasonable times. 7.04 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Director. If any complaint is not abated within 24 hours, the Director shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director, the Director may correct the specific complaint and the total cost incurred by the City will be deducted and forfeit from the payments owing to the Contractor from the City. SP4 8. SAFETY 8.01 Contractor agrees to perform all work outlined in these specifications in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all local', County, State or other legal requirements including but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL. O.S.H.A. Safety orders at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at said areas under maintenance and keep a log indicating date inspected and action taken. 8.02 It shall be the Contractor's responsibility to inspect, and identify, any conditions that renders any portion of the areas under maintenance unsafe, as well as any unsafe practices occurring thereon. The Director shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making minor corrections including but not limited to filling holes in turf areas and paving, replacing valve box covers, and securing play apparatus if any so as to protect members of the public or others from injury. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring on the premises, including a complete written report thereof to the Director within five (5) days following the occurrence. 9. HOURS AND DAYS OF MAINTENANCE SERVICE 9.01 Hours of maintenance service shall be either 6:00 a.m. to 2:30 p.m. or 6:30 a.m. to 3:00 p.m. on those days maintenance is to be provided for a Special District pursuant to the work schedule approved in advance by the Director. 9.02 Contractor shall provide on-site staffing at the prescribed hours five (5) days per week, Monday through Friday at the Special Districts indicated on the work schedules approved in advance by the Director. Any changes in the days and hours of operation heretofore prescribed shall be subject to prior written approval by the Director. 9.03 Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this Agreement shall constitute a legal day's work and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of Twenty-five Dollars ($25.00) for each laborer, worker or mechanic employed in the execution of , said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week, in violation of the provision of Section 1811 to 1815, inclusive, of the Labor Code of the State of California. SP5 10. MAINTENANCE SCHEDULES 10.01 Contractor shall ,provide a work schedule for the Districts to be maintained which shall be submitted to the Director within ten (10) days after the effective date of this Agreement for his approval. 10.02 The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the Director within five (S) working days prior to scheduled time for the work. 10.03 The above provisions are not construed to eliminate the Contractor's responsibility in complying with the requirement to notify the Director for Specialty Type maintenance as set forth immediately hereinafter. 10.04 Contractor shall notify the Director, in writing, at least two (2) weeks prior to the date and time of all "Specialty Type" maintenance operations. "Specialty Type" operations are defined as: a. Fertilization b. Turf aerification c. Turf renovation/verticutting d. Turf reseeding e. Spraying of trees, shrubs or turf f. Other items as determined by the Director Said "Specialty Type" maintenance services shall be performed in compliance with the specialized maintenance program (Exhibit C) attached hereto. Failure to complete special services in accord with the schedules set forth on Exhibit c will result in the Contractor becoming liable to the City for liquidated damages ($100 per day) without written notice commencing automatically upon the first day following the final date such work was to be completed. 11. CONTRACTOR'S STAFF 11.01 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. All of the Contractor's maintenance personnel shall be supervised by a qualified, English speaking, Foreman in the employ of the Contractor. 11.02 Contractor shall transfer or discharge any employee whose conduct or activity shall, in the reasonable exercise of discretion by the Director, be deemed detrimental to the interest of the public patronizing the premises. Contractor shall transfer or discharge any such person within a reasonable time following notice therefor from the Director and such person shall not be employed at any other City District area of maintenance contracted for and maintained by, the Contractor. 11.03 Director may require the Contractor to establish an identification system for personnel assigned to an area of maintenance which clearly indicates to the public the name of the Contractor responsible for the landscape and appurtenant maintenance services. The identification system SP6 shall be furnished at the Contractor's expense and may include appropriate attire and/or name badges as specified by the Director. 11.04 The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirt, shall be worn at all times and buttoned. 12. SIGNS/UAPROVFAWMS 12.01 Contractor shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval therefor is obtained from the Director. 13. UTQ,ITIES 13.01 The City shall pay for all utilities. However, water usage shall not exceed amount required to comply with irrigation schedules established by the Contractor and approved by the Director. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current usage with historical usage for the same ,time period. The excess cost factor, to be deducted from payments to Contractor from City will be presented to the Contractor by the Director prior to actual deduction to allow for explanations. 14. NON-INTERFERENCE 14.01 Contractor shall not interfere with the public use of the premises and shall conduct it's operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 15. STORAGE FACILITIES 15.01 City shall not provide any storage facilities for the Contractor. 16. TURF CARE 16.01 The Contractor shall perform at his sole expense the following services: a. Mowing - Turf to be mowed with an adequately sharpened rotary or reel type mower, equipped with rollers, to ensure a smooth surface appearance without scalping. All warm season grasses (Bermuda, St. Augustine, and Kikuyu) to be cut at a 1 inch height throughout the year. All coal season grasses (Blue Grass and Fescues) to be cut at 2 1/2 inches during April through November and at 2 inches during December to March of each year. The mowing heights will be adjusted by the Director during periods of renovation. All grass clippings will be collected and removed from the, site on the same day the area is mowed. Notwithstanding the previous statements, use of a mulching type mower that SP7 deposits finely ground clippings in place is authorized and encouraged (large clumps of clippings must be removed). A mowing schedule will be established and maintained. This schedule will provide that all areas will be mowed not less than once a week during the warm season of April to November and once every two weeks during the cool season of December to March. This schedule will be submitted to the Director for approval. b. Fling - With each cutting, the edge of the grass along sidewalks, curbs, shrub and flower beds, and walls shall be trimmed to a neat and uniform line. Where trees and shrubs occur in turf areas, all grass shall be removed 6 inches from the trunks of trees and away from the drip line of shrubs by use of power scythe, approved chemicals, or small mowers as required. Trim around all sprinkler heads as necessary in order to provide maximum water coverage. Edging will be done concurrent with each mowing. The edge of the turf shall be trimmed around value boxes, meter boxes, backflow devices or any structures located within the turf areas. All turf edges are to be maintained to prevent grass invasion into adjacent shrub, flower, and ground cover bed areas. All clippings shall be removed from site the same day area is edged. After mowing and edging is completed all adjacent walkways are to be swept clean by power blower. c. Weed Control - Control turf weeds as needed and in accordance with the specialized maintenance program (Exhibit Q. Hand removal of noxious weeds or grasses will be required as necessary. d. Insect/Disea_ Control - Eliminate all insect or disease affecting turf area as they occur. e. Aerating - Aerate all turf areas four (4) times annually in accordance with the specialized maintenance program (Exhibit Q. Aerate all turf by using 1/2 inch tines removing 2 -inch cores of sod with an aerator machine at not more than 6 -inch spacing once over. Director is to be notified at least two (2) weeks prior to the exact date of aerating. L Thatch Removal - Renovate all warm season grasses to the soil line and verticut all cool season grasses once annually prior to the overseeding operation to be performed in the fall of each year. Equipment will consist of standard renovating or vertical mowing types. Director is to be notified at least two (2) weeks prior to the exact date of renovation. g. Irrigation - Irrigation, including hand -watering and bleeding of valves during an emergency situation, as required to maintain adequate growth rate and appearance and in accordance with a schedule most conducive to plant growth. Contractor to provide Director with monthly written irrigation schedule on form provided for this purpose. Director shall have the ability to change the irrigation schedule as the need develops. Adequate soil moisture will be determined by programming the automatic sprinkler controllers as follows: (1) Consideration must be given to the soil conditions, seasonal temperatures, wind conditions, humidity, minimizing runoff and the relationship of conditions which affect day and night watering. This may include daytime watering during winter weather to prevent icy conditions and manual operation of the irrigation system during periods of windy or inclement weather. During freezing, rainy and/or windy conditions, automatic irrigation will be discontinued. (2) In areas where wind creates problems of spraying water onto private property or road rights-of-way, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night (between the hours of 7:00 p.m. and 6:00 a.m.). (3) The Contractor shall be responsible for monitoring all systems within the jurisdiction of this specification and correct for: coverage, adjustment, clogging of lines, and SP8 removal of obstacles, including plant materials which obstruct the spray. (4) Check systems daily and adjust and/or repair any sprinkler heads causing excessive runoff, including slope areas, or which throw directly onto roadway paving or walks (where sprinkler heads can be adjusted) within the District. (5) All controllers shall be adjusted on a weekly basis considering the water requirements of each remote control valve (sprinkler station). (6) Irrigation system will be controlled by Contractor in such a way as not to cause an excessively wet area which could interfere with the Contractor's ability to mow all turf. (7) The Contractor shall observe and note any deficiencies occurring from the original design and review these findings with the Director, so necessary improvements can be considered. (8) Contractor shall repair all leaking or defective valves immediately upon occurrence, or within twenty-four (24) hours following notification from the Director of such a deficiency. (9) A soil probe shall be used to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones. (10) Contractor shall file a monthly statement with the Department of Community Services certifying that all irrigation systems are functioning properly and provide a monthly irrigation schedule for the succeeding month. (11) Contractor shall also be required to file a yearly certification with the Department of Health Services and/or Walnut Valley Water District that all backflow prevention devices on the irrigation systems are operating in accordance with the requirements established by the Los Angeles County Health Services Department and/or Walnut Valley Water District. It will be the responsibility of the Contractor to repair and replace when necessary, subject to the provisions of Section 21 hereunder, all backflow prevention devices at his sole expense. Said certification shall be completed within thirty (30) days upon notification from the Department of Health Services and/or Walnut Valley Water District that said certifications are due. h. Fertilization - Turf shall be fertilized with a balanced type commercial fertilizer twice (2) a year during the months of May and September. All fertilizer used shall be inorganic and granular. Rate for each application shall be one (1) pound of actual available nitrogen per 1,000 square feet of a balanced type commercial fertilizer. The balanced fertilizer shall be approved by the Director and shall be of a 4-1-2 ratio. In addition to the balanced type commercial fertilization, the Contractor shall fertilize all turf areas with ammonium sulphate during March, April, and July of each calendar year at a rate of one (1) pound of actual available nitrogen per 1,000 square feet and with calcium or ammonium nitrate during November, December, and January of each calendar year at a rate of one (1) pound of actual available nitrogen per 1,000 square feet. All turf areas fertilized shall be thoroughly soaked immediately following fertilization. i. Turf Reseeding - Contractor shall once each year in fall, overseed all turf after aerification and overseed all bare spots as needed throughout the remainder of the year to reestablish turf to an acceptable quality. When Contractor reseeds turf he will aerify, renovate or verticut, seed and mulch (spread evenly over the entire area to a uniform depth of 1/4 inch) in this sequence. The Director may require the use of sod when SP9 deemed necessary. Contractor shall be entitled to additional compensation for the cost of the sod only provided loss of turf was not due to the negligence of the Contractor. Overseeding shall be sown at a rate of five (5) pounds per 1,000 square feet and reseeding of bare areas shall be sown at a rate of eight (8) pounds per 1,000 square feet. The following seed specifications shall be used for all overseeding and reseeding. 17. SHRUB AND GROUND COVER CARE 17.01 The Contractor shall perform at his sole expense the following services: a. pig - Prune shrubbery during the month of January through March to encourage healthy growth habits and for shape and appearance with the exception of roses which shall be pruned no later than January. All shrubs shall be free of dead wood, weak, diseased, insect infested and damaged limbs at all times. Remove all clippings the same day shrubbery is pruned. b. Trimming - Restrict growth of shrubbery and ground covers to area behind curbs and walkways, and within planter beds by trimming, as necessary, or upon written notice by the Director. c. Renovation - Renovate ground covers according to prescribed practices in the industry as needed - to maintain a healthy vigorous appearance and growth rate. d. Disease and Insect Control - Maintain free of,disease and insects ani treat when needed pursuant to section 20. e. Weed Control - All ground cover and shrub beds are to be kept weed free at all times. Methods for control can incorporate one or all three of the following: (1) Hand removal. (2) Cultivation. (3) Chemical eradication. f. Fertilim ion - Apply fertilizer at least two (2) times per year (during the months of March and April, and September and October) to provide a healthy color in all plants with foliar feedings if applicable. Contractor will cultivate around plants where needed. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with a fertilization schedule, with two (2) weeks notification prior to the proposed fertilization. g. I - Irrigate including hand watering and bleeding of valves in emergency situations where automatic systems are not functioning as required to maintain adequate growth rate and appearance. Section -16, Paragraph g, concerning irrigation practices shall apply to shrubs and ground covers. h. Shrub and Ground Cover Replacement - All damaged, diseased (untreatable) or SP10 Proportion Name By Weight Purity Germination Newport Blue Grass 20% 95% 90% Lolium Perenne 'Pennfine' Rye 26 1/3% 95% 85% Pennant Rye 26 113% 95 % 85% Derby Rye 26 1/3% 95 % 85% 17. SHRUB AND GROUND COVER CARE 17.01 The Contractor shall perform at his sole expense the following services: a. pig - Prune shrubbery during the month of January through March to encourage healthy growth habits and for shape and appearance with the exception of roses which shall be pruned no later than January. All shrubs shall be free of dead wood, weak, diseased, insect infested and damaged limbs at all times. Remove all clippings the same day shrubbery is pruned. b. Trimming - Restrict growth of shrubbery and ground covers to area behind curbs and walkways, and within planter beds by trimming, as necessary, or upon written notice by the Director. c. Renovation - Renovate ground covers according to prescribed practices in the industry as needed - to maintain a healthy vigorous appearance and growth rate. d. Disease and Insect Control - Maintain free of,disease and insects ani treat when needed pursuant to section 20. e. Weed Control - All ground cover and shrub beds are to be kept weed free at all times. Methods for control can incorporate one or all three of the following: (1) Hand removal. (2) Cultivation. (3) Chemical eradication. f. Fertilim ion - Apply fertilizer at least two (2) times per year (during the months of March and April, and September and October) to provide a healthy color in all plants with foliar feedings if applicable. Contractor will cultivate around plants where needed. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with a fertilization schedule, with two (2) weeks notification prior to the proposed fertilization. g. I - Irrigate including hand watering and bleeding of valves in emergency situations where automatic systems are not functioning as required to maintain adequate growth rate and appearance. Section -16, Paragraph g, concerning irrigation practices shall apply to shrubs and ground covers. h. Shrub and Ground Cover Replacement - All damaged, diseased (untreatable) or SP10 dead shrubs and ground covers will be replaced with the exact same material that existed and of similar size as required by the Director unless otherwise notified by the Director in writing. Substitutions for any plant materials must have prior approval in writing by the Director. Original plans and specifications should be consulted to determine correct identification of species. All shrubs shall be guaranteed to live and remain in healthy condition for no less than six (6) months from the date of acceptance of the job by the Director. 18. TREE CARE 18.01 The Contractor- at his sole expense shall perform the following services: a. Tree Maintenance - (1) Contractor shall be responsible for the pruning, shaping and removal of trees under 15' in height. The Contractor shall inform the Director's office of any damaged or diseased trees or any trees that poise a threat to adjacent concrete, walls or property. (2) All trees shall be maintained free of all dead, diseased and damaged branches back to the point of breaking. Cuts must be made flush with the parent limb or trunk to promote proper healing. Any cuts exceeding one and one-half (1 1/2) inch will be treated with a wound dressing. All sucker growth is to be removed from trees as it occurs. (3) Maintain seven (7) foot clearance for branches overhanging walks and fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of streets where applicable. (4) Control insects and diseases as needed pursuant to the provisions of Section 19 and Exhibit C. (5) Stake and support all replacement trees and replace stakes which have been broken or damaged on existing trees as required. (a) Tree stakes shall be pentachlorophenol treated lodge pole pine not less than eight (8) feet in length for five (5) gallon size trees and not less than ten (10) feet for fifteen (15) gallon trees sizes (two (2) per tree). (b) Guy wires where required and plant ties will be of pliable, zinc -coated ten (10 gauge wire (two (2) ties per tree). (c) Hose for covering wire to be either new or used garden hose at least one-half (1/2) inch in diameter those ties should allow for minimum of three (3) additional inches of clearance beyond the diameter of the branch or trunk being secured). (d) Stakes will not be placed closer than eight (8) inches from trunk of the tree. (e) Stakes and ties will be placed so no chafing of bark occurs and shall be checked frequently and retied to prevent girdling. b. Fertilization - Apply fertilizer within dripline at least once per year (during the months of March or April) to provide a healthy color in all plants. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with two (2) weeks notification prior to the fertilizer application. Spit c. Irrigalion - Irrigation will be programmed in conjunction with automatic controllers or manual control valves servicing turf or ground cover and shrub areas in accordance with the requirements of Section 16, Paragraph g. d. Perini - If a permit is required for tree pruning, City Department of Community Services will obtain permit prior to commencement of work by Contractor. e. Tree ftlacernent - All trees permanently damaged by any means will be replaced as provided for under Sections 6 or 24 with the identical species of tree existing previously, unless otherwise notified in writing by the Director. The need for and the size of replacement will be determined by the Director at the monthly maintenance inspection meeting or upon written notification. Size of the replacement shall be of a like size not to exceed a 24 -inch box specimen container size. Substitutions will require prior written approval by the Director. original plans and specifications should be consulted to insure correct identification of species. f. Olive Tree Sprayer - Ornamental olive trees shall be sprayed to prevent fruit set by use of "Maintain." Two applications shall be required 7-10 days apart. The first application shall be applied when 1/2 to 3/4 of the olive blooms are open (sometime between April 1 and May 10). Both spray applications shall be put on using a power sprayer with a minimum of 150 p.s.i. pressure. 19. USE OF CHEMICALS (PESTICIDES) AND DISEASE AND PEST CONTROL 19.01 The Contractor shall perform at his sole expense the following services: a. Disease, insect and pest control tasks described previously in turf, shrub/ground cover and tree care specifications. b. Control of weeds, insects and pests in the District areas, landscaped or natural, that may have an immediate adverse affect on adjacent private property. 19.02 Chemical use shall be controlled by the contractor per the following: a. Chemical Application - All work involving the use of chemicals will be accomplished by a State of California licensed pest control operator. A written recommendation by a person possessing a valid California Pest Control Advisor License is required prior to chemical application. b. Perini All chemicals requiring a special permit for use must be registered by the Contractor with the County Agricultural Commissioner Office and a permit obtained with a copy to the City Department of Community Services prior to use. A copy of all forms submitted to the County Agricultural Commissioner shall be given to the Director on a timely basis. c. Compliance with Regulations - All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California will be adhered to. d. Pest Control- Control of ground squirrels, gophers, and other burrowing rodents by trapping and/or eradication will be provided by the Contractor at his sole expense. Whenever holes are visible upon the surface, these holes shall be filled and securely tamped by contractor to avoid moisture runoff SP12 entering the holes. This procedure shall be followed in all areas especially within all slope areas. 20. GENERAL CLEAN-UP 20.01 The Contractor shall perform at his sole expense the following services: a. Trash Removal - Remove all trash and accumulated debris from site. b. Policing of Areas - All area under maintenance and other designated areas will have above identified trash removed daily, seven days per week throughout the year. c. Concrete/Asphalt Median Strip Maintenance - Contractor is responsible for weed and grass removal within concrete/asphalt median strip areas, if -any, at all times. d. Curb and Gutter Maintenance - Contractor is responsible for removal of weeds and grass from curb and gutter expansion joints at all times. e. Walkway Maintenance - Walkways, if any, will be cleaned immediately following mowing and edging and cleaned by use of power sweeping or blower equipment not less than once per week. This includes removal of all foreign objects from surfaces such as gum, dog feces, grease, paint, graffiti, etc. All walkway cracks and expansion joints shall be maintained weed and grass free at all times. L Drain Maintenance - All drains, "V" ditches and catch basins shall be free of siltation and debris at all times. g. Removal of Leaves - Accumulations of leaves shall be removed from all areas not less than once per week. h. Trash Containers in Mini -Parks - All trash containers in mini -parks shall be emptied daily, seven days per week, throughout the year, and removed from the site. 21. IRRIGATION SYSTEM MAINTENANCE OR REPAIR 21.01 All irrigation systems within the District areas designated in this specification will be repaired and maintained as required for operation, by the Contractor at his sole expense in the following manner: a. Scope of Responsibility - The Contractor shall maintain (repair or replace as needed) and keep operable all irrigation equipment consisting of sprinkler heads, valves, lines, quick couplers, risers, automatic controllers, batteries, and backflow prevention devices. This paragraph does not require the Contractor to make a complete piping replacement of the system. b. Replacement Requirements - Replacements will be of original materials or substitutes approved by the Director in writing prior to any installation. c. Extent of Responsibility - The Contractor will be responsible for immediate maintenance (repair or replacement) of all irrigation systems. Contractor will be responsible at all times for hand watering and the bleeding of valves in emergency situations as required to sustain and prevent loss of turf, trees, SP13 plants, and ground covers when automatic systems are not functioning. The replacement Section 21 requirements to be provided by the Contractor shall be the normal deterioration, wear and tear, or negligence upon the part of the Contractor. . The replacement required by Section 21 caused by extraordinary incidents of vandalism, acts of God, and third party negligence will be accomplished by the Contractor pursuant to the provisions of Section 23 of this Specification. However, the District(s) will continue the program of reimbursing the Contractor for the replacement with a new diaphragm valve of any piston type valve deemed to be unrepairable by the Director. However, the Contractor will be reimbursed only for the wholesale cost of the new diaphragm valve including sales tax plus 15% for overhead and profit (not for the labor to install). d. Ordinances - All materials and workmanship will be in accordance with applicable City or County Plumbing Ordinances. Where the provisions of the specifications exceed such requirements, the specifications shall govern. 22. MAINTENANCE AND REPAIR OF WALKWAYS & SERVICE ROADS, DRAINAGE SYSTEMS, CONCRETE BLOCKWALLS & MISCELLANEOUS U"ROVEMENTS 22.01 Walkways and Service Roads - All walkways and service roads, if any, shall be maintained by the Contractor so as to keep the integrity of the walking or driving surface in a safe, unimpaired condition. The Contractor shall be entitled to additional compensation for maintaining walkways and service roads in the following manner: a. Broken comers will be removed and . repaired as required. b. Broken curbs or headers adjacent to or part of roadways or walkways will be repaired or replaced. c. Contractor will not be responsible for total replacement of roadways or walkways as a result of normal deterioration, but will be required to replace all. improvements damaged by his negligence. 22.02 Drainagc Systemc - The following services shall be provided by the Contractor at his expense except as otherwise provided for: a. All surface drains ("V" ditches), if any, shall be kept clear of debris so that water will have an unimpeded passage to its outlet. Contractor will repair or replace concrete portions as necessary for which the Contractor will receive additional compensation. b. All sub -surface drains (except storm drains) , if any, shall be periodically flushed with water to avoid build-up of silt and debris. All inlets to sub- surface drains shall be kept clear of leaves, paper and other debris to ensure unimpeded passage of water. Contractor shall replace all broken or stolen sections of pipe, catch basin boxes and giates, for which additional compensation shall be authorized. 22.03 Miscellaneous Improvements - It will be the responsibility of the Contractor to repair or replace miscellaneous improvements such as signs and mowing strips, and any SP14 other structural improvements within the District unless otherwise specified. Contractor shall be entitled to additional compensation for these services. 23. MAINTENANCE, REPAIRS AND REPLACEMENTS DUE TO EXTRAORDINARY INCIDENTS 23.01 Contractor shall be responsible or performing maintenance, repairs and replacements, when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and Third party negligence in accordance with the provisions of this Section. The Contractor shall replace as the result of any of the extraordinary incidents described in this Section (1) damaged, diseased (untreatable) or dead shrubs, ground cover and trees in accordance with Sections 17 and 18 and (2) inoperable. irrigation equipment described in Section 21. The Contractor shall submit a written estimate of the cost for performing such work. The Director may, upon review and approval of such estimate, authorize the Contractor to perform said work by the issuance of a written Work Order. After submittal of the bill, the Contractor shall be reimbursed only for the agreed upon cost estimate. Allowable elements of cost for (1) the replacement of shrubs, ground cover, and trees shall be their wholesale cost including sales tax and cost of labor plus a factor of 15 percent (15%) for overhead and profit and (2) the replacement of Irrigation Equipment as defined in Section 19 of these Specifications shall be only the wholesale cost of equipment including sales tax (no reimbursement for Contractor's cost of labor) plus a factor of 15 percent (15%) for overhead and profit. In the event the Contractor's written estimate is not approved, then the Director reserves the right to contract with a third party to perform such work. 24. MAINTENANCE INSPECTIONS 24.01 The Contractor shall: a. Weekly perform - a maintenance inspection during daylight hours of all facilities within the District. Such inspection shall be both visual and operational. The operational inspection shall include operation of all sprinkler, lighting and other technical systems to check for proper operational condition and reliability. b. Monthly meet on site with an authorized representative of the Director for a walk-through inspection. Said meeting shall be at the convenience of the Director and may include residents of the community. The Director shall notify the appropriate local representatives of the time and place of each walk- through inspection at least one (1) week prior to such inspection. In addition, weekly interim inspections may be made by the Director. Any corrective work required as a result of a monthly inspection or any interim inspection by the Director shall be accomplished to the satisfaction of the Director within three (3) days of the notification of deficiencies, except in the case of a leaking valve which must be repaired within 24 hours following notification. SPIS 25. PLAYGROUND EQUIPMENT MAINTENANCE 25.01 All playground sites and equipment shall be inspected at the start of each work day and sand cleaned and raked level to remove any foreign and hazardous material and neatly groomed. 25.02 Special attention shall be made to low sand areas, around play equipment. These sand areas shall be leveled by distributing sand from high areas to low areas. 25.03 All sand play areas shall be maintained free of litter, cans, pop tops, broken glass and other debris. 25.04 All playground sites and equipment shall be checked daily, seven days per week, throughout the year and Contractor shall clean and remove litter from sand areas daily, seven days per week, throughout the year. Any unsafe condition of play equipment shall be corrected and/or reported pursuant to Section 8 of these specifications. 25.05 By the 10th of each month, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rototilling, all areas shall be raked level. 26. • FIRE PROTECTION SLOPE AREAS MAINTENANCE 26.01 These slope areas are hillside areas and are designed to meet Los Angeles County Ordinances for fire retardation. These areas generally occur in sloping terrain with gradients ranging 10 percent to 100 percent. Slopes are either manufactured or natural. The natural slopes have been brushed to remove certain plant materials. Manufactured slopes have been hydromulched in accordance with applicable County ordinances. Use of these areas by the residents should be minimal. 26.02 The maintenance of the natural slopes requires that the weeds and native brush be clipped to a height of 2 to 4 inches for a distance of at least 100 feet from a dwelling or structure. Also, dead wood from woody plants shall be trimmed when the area is brushed. Apply water within the cleared zone only as needed during fire season to maintain sufficient moisture content for sustenance of the plants and to inhibit combustion. Remove all debris from this operation off the District property. Weeding shall commence immediately following the rainy season once the growth of weeds has reached a maximum of 12 inches in height or when the County Fire Marshall has determined that a fire hazard condition exists. The required weeding shall be completed as soon as possible following its commencement and shall be completed throughout a District within a maximum period of thirty (30) days. Contractor shall be responsible for maintaining the brushed slope areas throughout the year in accordance with the above -identified height of weeds, dead wood removal and distance from dwellings or structures requirements. This may require that certain areas will need additional brushing as directed by the County Fire Marshall. Contractor will be paid additional compensation for additional brushing at the rate SP16 specified in the form of bid. Also, Contractor shall fertilize twice a year shrubs in these areas with inorganic 10-6-4 and remove weeds to a distance of 30 feet measured from any sidewalk adjacent to a fire protection slope area. 26.03 Where reference is made to weeding, brushing or clearing within 100 feet of a structure, it is intended that the space between the structure and the private property line is the responsibility of the owner of the property. As an example, assume a private residential lot has a depth of 100 feet, the rear or side of which abuts a fire protection slope. Assume that the structure is set back 20 feet from the property line abutting this slope. The Contractor's responsibility is within the portion or balance of the 100 feet outside of the private property boundary, or, in this case, 80 feet. Consult with the Director for any questions regarding these areas. 26.04 The maintenance of the manufactured slopes requires that the planted slopes be kept weed free at all times. Contractor shall program the irrigation system to deliver sufficient moisture within the root zone of trees and shrubs to sustain growth. Contractor shall be responsible for any damage to slope areas caused by excessive watering practices. Plants and trees shall be fertilized in accordance with the requirements of Sections 17 and 18 of these Specifications. Weeding will be subject to the special conditions identified in Exhibit D of these specifications. 27. NATURAL AREAS MAINTENANCE 27.01 Natural areas are open space areas that have minimal usage due to the sloping character of the land and the rugged landscape materials that are native to the land. Contractor will provide periodic maintenance consisting of debris removal only as directed by the Director. 27.02 Surface drains ("V" ditches) located in natural areas shall be maintained by the Contractor per 22.02.a at the Contractor's sole expense. 28. TERM OF AGREEMENT 28.01 This Agreement shall take effect and commence upon its execution by the City Council and unless executed on the first day of a calendar month, shall continue for the rest of the partial calendar month in which executed and for a period of twelve (12) full calendar months thereafter. 28.02 The City Council shall have the option to extend this Agreement up to five (S) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional 1 year extensions. 29. CONTRACTOR'S COMPENSATION 29.01 Should this Agreement commence on other than the first day of a calendar month, SP17 the Contractor's compensation for that partial calendar month shall be prorated at the rate of 1/30 of the full monthly rate per day, to, and including, the last day of the partial calendar month. 29.02 In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 28.02, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living duffing the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensations as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall; as its discretion, substitute for the Index such other similar index as it may deem appropriate. 30.01 Contractor shall divert all organic material (i.e. grass clippings, tree trimmings) from being disposed with regular refuse. Contractor shall, to the extend feasible, utilize acceptable techniques (i.e. grassrecycling, composting) as approved by the Director, in the diversion of all organic materials from lapdfills. 30.02 Diversion shall be completed on an on-going basis. SP18 Q-2 WgtT�t�4E J O Parks Ac �s T AL 38,13 fit; S Mbt1NTA1t�1�� . ck I �.Zoa w- Dir .uw-' r-+iv_'"n ta. :ate •° A ��{ - - � . , r 'sf; OJi�./ Q0 m w / CO 19O w O a 14 +�y O _ o- m� IQ .N77 w w De lf Id Pu +s JE W r IQ^ A + , w .��, - CD 4.1 66 N U7 °y �' v 17) .61 - - �•\. Uj CS co JV 41, '.06 OHO ,b° _nIQ `a�1 ro V w J, - ie �+ s. M •- " i,�w ff Jy �/ O.4q '�� Y` \` l.Jo •-�� ` //.�) _ � fes.-aw, � � � .� � \`•� � i P Its IV.- t sb�` (o )j i0. un 9r )0 O> s , ., 20 Qy \ go I .'-+"ltf:r:ss•- *�`a�-" t'.id�7_q'_7��'L.. _ 4 �- .'-+"ltf:r:ss•- *�`a�-" t'.id�7_q'_7��'L.. _ _ 4 .Gr Y � r!✓ o r� o Z f 0 m z q r a = •__ T `4�ti �y 6 -73 V f �- _ 4 .Gr Y � r!✓ o r� o Z f 0 m z q r a = •__ T `4�ti �y 6 -73 V f w 1�IV• e C ��O c 7)� CO o k .A W N Lo 4 •p �. (-NpG ��64 y w A 'LnAOo W A �� pb Nw a a p4 pJ b� W i�b ! A n � w • NCO. C)A 0 L rnG> n '� +•- e- 4 L'i �y • VI N Lh tit ` .•� 9 � bis O (_ 11 \ y J W 410 64§� sO .Lo ' �rlco a M i 63 '" tib � -•_'.� .. � i *off � y � t � • ! � b'b �• V) tva 4 It LM w ► w:3 0 Lrl 6 0 ,�. 09 S •9e rqa al Nj ''' dlp t cki v T V 111 y . = 3 r EXHIBIT "B" LANDSCAPE MAINTENANCE CERTIFICATION I (We) hereby certify under penalty of perjury that the work within the facilities specified under the provisions of the contract specifications for the District has been performed in accordance with the specification of said Agreement for the month of , 19 , and that: 1. Not less than the prevailing wages, as determined by the State Department of Industrial Relations, have been paid to personnel employed to do this work. 2. All On -Going Maintenance Tasks have been completed as provided for in said Agreement and Specifications. 3. Irrigation systems have been checked for operability and that the following are functioning properly. a. Irrigation lines b. Valves c. Sprinkler heads d. Controllers 4. Spraying and/or use of chemicals has occurred. If Yes, have: a. Copies of the PCA's written recommendation been sent to the Inspector? b. Copies of the Pesticide Use Report been sent to the Inspector? c. Copies of restricted use permits been sent to the Inspector? SP20 5. Specialty Type Maintenance been requested? If Yes, has: a. The inspector been notified in writing? b. If applicable, quantity and complete description of materials used been sent to inspector? 6. The work schedules provided remain unchanged. If schedules, have been changed, has: a. Inspector been notified?: 7. COMMENTS Company Name (please print) Authorized Representative's Signature Date SP21 l�l f� O 0 V i si ao 'g f:_ C 7 W < V S u O z W V ' Z z J W v U z z W QI w p O W 0 = 0 O !\ O O W <<� N ~h r 0= Qj C Z = N 2 W O V r= O� u U(� Z � i i� 'jo tJ V J �. O r '� V C v� 0!U W O v u W .7 w 2 SP22 SIS 0 V i si ao 'g f:_ C V S u EXHIBIT "D" DIAMOND BAR LLAD NOS. 39 AND 41 The program for the control of Fescue on the planted slope areas within the Diamond Bar Hills and the Diamond Bar High Country developments shall consist of the following pre -emergent and post emergent herbicide applications. Ronstar shall be applied at the rate of 100-200 pounds per acre to prevent the germination of new Fescue and will put the existing Fescue under unfavorable stress allowing the existing ground cover to push out the Fescue by outgrowing it. Fusilade at the rate of one pint per acre shall be applied to control existing Fescue. Therefore, this program provides for the use of Fusilade as a post -emergent grass killer and Ronstar as a pre -emergent grass herbicide to control Fescue found on these designated slopes. This program shall be repeated as often as needed to eradicate or control the growth of Fescue on these slopes. The above conditions will be discussed on the site during the scheduled walk-through inspection which all prospective bidders will be required to attend. SP23 CITY OF DIAMOND BAR STATE OF CALIFORNIA ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 41 THE CITY OF DIAMOND BAR The City Clerk of the City of Diamond Bar, California will receive at her office in the City Hall, in said city, until 10:00a.m., Thursday, March 23, 1995 sealed proposals for the performance of the above described services. A walk through will be conducted on Wednesday, March 8, 1995 at 1:00p.m. 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 EMPORTANT NOTICE TO BIDDER Notice is hereby given that the City of Diamond Bar is soliciting bids for maintenance services for Lighting and Landscape District 41. A mandatoy bidders conference and inspection of the areas to be maintained will be held at 1:00p.m. on Wednesday, March 8, 1995 at Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California. Bids will be accepted until 10:00a.m. on Thursday, March 23, 1995 at Diamond Bar City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California 91765, at which time and place said bids shall be publicly opened, examined and declared. Inquiries regarding these specifications can be directed to Bob Rose, Director of Community Services, (909) 396-5694. Upon receipt of this proposal, contact Bob Rose, Director of Community Services, at the City of Diamond Bar with the name of a contact person within your company. Failure to provide the City with this information may result in improper distribution of updated materials regarding the bid documents. The City will not be responsible for information not being distributed to the proper person. SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 41 IN THE CITY OF DIAMOND BAR TABLE OF CONTENTS NOTICE OF INVITING SEALED BID INFORMATION FOR BIDDERS SCHEDULE OF PRICES BIDDER'S PROPOSAL CONTRACTOR'S INDUSTRIAL SAFETY RECORD SUBCONTRACTOR LIST NON -COLLUSION AFFIDAVIT FAITHFUL PERFORMANCE BOND LABOR AND MATERIAL BOND BIDDER'S BOND AGREEMENT SPECIAL PROVISIONS SPECIFICATIONS FOR EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT "D" MAINTENANCE SERVICES 6 12 13 15 16 18 19 20 21 22 29 SP1 SP19 SP20 SP22 SP23 RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE LANDSCAPE AND IRRIGATION MAINTENANCE OF LIGHTING AND LANDSCAPE DISTRICT NO. 41 IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to maintain certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the maintenance of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the plans and specifications for the Landscape and Irrigation Maintenance in Landscape and Lighting District No. 41. SECTION 2. That the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: 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 10:00a.m. on Thursday, March 23, 1995 sealed bids or proposals for the Landscape and Irrigation Maintenance in Lighting and Landscape District No. 41 in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for Lighting and Landscape Maintenance District No. 41 in the City of Diamond Bar". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be "less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or 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. 2 The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in . any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standard, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed at the time of award in accordance with the provisions of the contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. A C-27 license is required. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file .in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of $15.00, said $15.00 is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non -reimbursable payment of $5.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 9-3 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). 2 The City of Diamond Bar, California, reserves the right to reject any and all bids. The Engineer's Estimate is: $ 45,000 By order of the City Council of the City of Diamond Bar, California. Dated this day of PASSED, APPROVED AND ADOPTED this day of 1995. MAYOR ATTEST: CITY CLERK I, LYNDA BURGESS, City, Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1995 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar 5 INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Standard Specifications for Public Works Construction, 1994 Edition. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL- GUARANTEE: Each proposal shall be accompanied by cash or by a cashiers or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guaranty that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed. 3. SIGNATURE: The bid must be signed in thename of the bidder and must be. the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid upon, alternative proposals or any other modifications of the bid form which is not specifically called for in the contract documents may result in the owner's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered but a telegraphic modification may be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 6 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7. WITHDRAWAL- OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8. INSURANCE AND BONDS: The Contractor shall not commence work under, this contract until he has secured all insurance and bonds required under this section nor shall he allow any subcontractor to commence work on this subcontract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer or insurers, satisfactory to and first approved by the City in writing. Certificates of insurance in the amounts required shall be furnished by the contractor to the City prior to the commencement of work. The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. The contractor shall maintain public liability insurance to protect said contractor and the City against loss from liability imposed by law, for damages on- account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said contractor and the City against loss from liability imposed by law, for damage to any property, damage insurance shall be maintained by the contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $500,000 for one person injured in the accident and in the amount of not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $500,000 with respect to any property damage aforesaid. The City shall be named a co-insured regardless of fault. The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made 7 under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9 INTpgpgET • TION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the Owner a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. nisQUALIFI ATION OF BIDDERS More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. 11. AWARD -OF CONTRACT: The City may award the contract to the lowest responsible bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be compared on the basis of the lowest possible cosk relative to the alternate or alternates selected and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals. However, the award may be made after said period if the successful bidder has not given the City written notice of the withdrawal of his bid. 12, ALTERNATESe If alternate bids are called for, the contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid, or on the base bid and any alternate or combination of alternates. 13. COMPETENCY OF BIDDERS- In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. 14. LISTING SUBCONTRACTORS Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code). Forms for this purpose are furnished with the contract documents. 15. WORKMEN'S COMPENSATION_ In accordance with the provisions of Section 3700 8 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the Owner the following certificate prior to performing the work under this contract: "I am aware of the provisions of Section 3700 of the Labor code which require compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 16. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the Owner, will be held for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 17. EXECUTION TION OF CONTBA_C T: The bidder to whom award is made shall execute a written contract with the City on the form agreement provided, and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract,- the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be readvertised. 18. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at S4380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 19. EMPLOYMENT OF APPRENTICES: The contractor, and all subcontractors, shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1%8), and 1777.6 of the California Labor Code concerning the employment of apprentices. The contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the contractor and all sub -contractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR). 20. EVIDENCE OF RESPONSIBILITY:_ Upon the request • of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 9 21. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. Pursuant to Labor Code Section 1775, the Contractor shall forfeit as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation .of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file and available for inspection in the office of the Department of Industrial Relations, Division of Labor Statistics and Research. 22. PERMITS FEES AND LICENSES: The Contractor shall possess a valid License to do business in the City of Diamond Bar prior to the issuance of the first payment made under this contract. 23. No REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are advised that upon payment of the appropriate purchase price, the set of contract drawings and specifications become the property of the purchaser and are not to be returned to the City of Diamond Bar. 24. AWARD OF CONTRACT: The award of the contract, if it be awarded, will be to the lowest responsible bidder' whose proposal complies with all the requirements described. 25. Qi TANTITIES: The quantity of work for the unit price items to be done under the contract, as noted in the Schedule of Prices, is an estimate and is not to be taken as an expressed or implied statement that the actual quantity of work will correspond to the estimate. The right is reserved by the City of Diamond Bar to increase or decrease or to entirely eliminate items from the work. if found desirable or expedient. The Contractor will be allowed no claims for anticipated profits, loss of profits or for any damages of any sort because of any difference between the estimated and actual quantities of work done or for work decreased or eliminated by the City of Diamond Bar. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 26. WITHDRAWAL. OF BIDS: The bidder may withdraw his bid at any time prior to the date and hour set for opening of bids upon presentation of a written request to the City's Engineer signed by an authorized representative of the bidder or by the person filing the bid. 27. INVALID PROPOSALS Proposals submitted by telegraph and those which are not logged in at the office of the City Clerk of the City of Diamond Bar, prior to the date and hour set for receipt of same will not be considered. 10 28. ALTERING PROPOSAL: The wording of the proposals shall not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. Erasures of interlineations in the proposal must be explained or noted over the signature of the bidder. 29. ACCEPTANCE OR REJECTION OF BIDS: The City Council of the City of Diamond Bar reserves the right to accept any bid or reject any or all bids and to waive any informality or defects in bids received as the best interests of the City of Diamond Bar. Proposals in which the bid prices are obviously unbalanced may be rejected. Proposals in which a bid item is left totally blank will be considered as being nonresponsive and automatically rejected. 30. BID PRICES AND AGREEMENT OF FIGURES: If a unit price bid item total amount arrived at by multiplying the unit price times the quantity does not agree with the total amount entered for the item or if the total amount is not entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in- a unit price bid item the total amount is entered for the item but not the unit price, the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid on individual items (if called for) do not add up to the total amount shown, the correctly added total of the individual items shall prevail over the total amount. 31. ADDENDA TO CONTgACT DOCUMENTS The Engineer may, from time. to time, issue addenda to the contract documents during the period of advertising for bids, for the purpose of clarifying or correcting special provisions, plans or bid proposal. Purchasers of contract documents will be furnished with copies of such addenda, either by first class mail or personal delivery, during the period of advertising. The addenda will be sent to the address the purchaser of the contract documents left with or furnished the City of Diamond Bar at the time the purchase was made. 11 CITY OF DIAMOND BAR SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 41 DESCRIPTION MONTHLY ITEM WITH UNIT MONTHLY PRICE ANNUAL NO. QUANTITY PRICE IN WORDS IN FIGURES AMOUNT 1 Lump Miscellaneous landscaping in Sum Maintenance District No. 41 (See attached Map) TOTAL ANNUAL PRICE (in words) BID SUBMITTED BY COMPANY NAME ADDRESS PHONE SIGNATURE (in figures) DATE CITY ZIP FAX (_� 12 BIDDER'S PROPOSAL FOR THE ANNUAL LANDSCAPE MAINTENANCE FOR LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 41 IN THE CITY OF DIAMOND BAR, CALIFORNIA Date—.19— To ate 19 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a copartnership, give the name under which the co -partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any person, firm or corporation. (c) That he has carefully examined the location of .the proposed work, and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith. (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are but estimates, and that the unit prices will apply to the actual quantities whatever they may .be. 13 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 14 Signature of Bidder CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification Bid Date This information must include all construction work undertaken in the State of California by the bidder and any partnership joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submitral. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional mformanon or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. 5 Calendar Years Prior to Current Year 1991 1992 1993 1994 TOTAL CURRENT YEAR. 1. No. of contracts 2. Total dollar amount of contracts (in thousands of $) 3. No. of fatalities 4. No. of lost workday cases 5. No. of lost work day cases involving permanent transfer to another job or termination of employment 6. No. of lost workdays* *The information required for these items is the same as required for column 3 to 6, Code 10, Occupational Injuries, summary Occupational Injuries and Illnesses of these records, OSEA No. 102. The above information was compiled from the records that are available to me at this time and I declare under perjury that the information is true and accurate within the limitations of these records. Name of Bidder (print) Address City Zip Code 15 Signature State Contractors' Lic. No.& Classification Telephone In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the general contractor's total bid, and the portion of the work which will be done by each subcontractor. Name under which Sub- License Address of Office Specific Description of Contractor is licensed Number Mill or Shop Sub -Contract work & portion of the work If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.) Dated Bidder Signature Signature 16 Accompanying this proposal is (Insert "$ 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). Bid price indicated refers to all items illustrated on plans and details, and delineated within specifications installed and completely in place in accordance with all applicable portions of the construction documents and include all costs connected with such items including, but not necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for Contractor. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) ADDRESS SIGNATURE DATE CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. - CLASSIFICATION' - EXPIRATION DATE I declare under penalty of perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 7028.15. CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER 17 State of California County of Los Angeles ) is foregoing bid that person, partnership, and not collusive or any other bidder to conspired, connived, that anyone shall r indirectly, sought by of the bidder or an NONCOLLUSION AFFIDAVIT y 1,-1 being first duly sworn, deposes and says that he or she of the party making the the bid is not made in the interest of or on behalf of, any undisclosed company, association, organization, or corporation; that the bid is genuine sham; that the bidder has not directly or indirectly induced or solicited put in a false or sham bid, and has not directly or indirectly colluded, or, agreed with any other bidder or anyone else to put in a sham bid, or efrain from bidding; that the bidder has not in any manner, directly or agreement, communication, or conference with ' anyone to fix the bid price other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bids are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown .thereof, or the contents thereof, or divulged information or, date relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or - to any member or agent thereof to effectuate a collusive or sham bid. Signature STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) Subscribed and sworn to before me this day of 1995. Notary Public in and for the County of Los Angeles, State of California My Commission expires , 1995. 18 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be fumished, which may be made pursuant to the terms of said contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the contract is hereby waived by such Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1995. PRINCIPAL SURETY W (SEAL) BY: 19 (SEAL) LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, AND as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, hereinafter referred to as the "City", in the sum of DOLLARS ($ lawful money of the United States of America, for the payment of which sum, to be made, we bind ourselves, jointly and several firmly by these presents. CALIFORNIA will and truly THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed contract with said City for construction of the work under the City's specification entitled and is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if said Contractor in said contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified, above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1495. PRINCIPAL M (SEAL) 20 SURETY By: - (SEAL) BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as principal, and as surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on Thursday, March 23, 1995 for the Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 41 in the City of Diamond Bar. NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A. D., 1995. (seal) (seal) (seal) (seal) PRINCIPAL (seal) SURETY (seal) ADDRESS NOTE: Signatures of those executing for the surety must be properly acknowledged. 21 KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 41 in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL. SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 41 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. 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days, 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 22 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. Com2Cnsation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 23 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 insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in 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 24 such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor- Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used . in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an.annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the 25 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 worlanen 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 willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the 26 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-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated,1995, in the total amount of $ The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional 1 year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 28.02 of specifications, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim - Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, as its discretion, 27 substitute for the Index such other similar index as it may deem appropriate. U. 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. 13. TERMINATION: This Agreement may be terminated by City upon the giving of a written "Notice of Termination" to contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective .date of termination. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date APPROVED AS TO FORM City Attorney Date Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time 28 By: Name Title CITY OF DIAMOND BAR, CALIFORNIA By: Mayor By: City Clerk 1. 2 SPECIAL PROVISIONS All work shall be done in accordance with the 1994 Edition of the Standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, Plans, Standard Construction Drawings and .these Special Provisions. Section 2-1. Award and Execution of Contract is amended b the fojlowink: (a) Examination of Plans- pecifca ions Sneci 1 Provisio:.R and Site of Work: The bidder is required to examine carefully the site and the proposal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, including all installations and utilities, whether underground, surface or overhead, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. (b) Proposal Form: All proposals must be made upon blank forms to be obtained from the City Clerk at City Hall, 21660 E. Copley Dr, Suite 100, Diamond Bar, CA. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, and his address shown. If the proposal is made by individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address 19 •..... I I 1 ' 1 SPECIAL PROVISIONS wl tm lwwzb •► All work shall be done in accordance with the 1994 Edition of the Standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, Plans, Standard Construction Drawings and .these Special Provisions. Section 2-1. Award and Execution of Contract is amended by the following: (a) Examination of Plans. Specifications. Special Provisions. and Site of Work: The bidder is required to examine carefully the site and the proposal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, including all installations and utilities, whether underground, surface or overhead, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. (b) E=sal 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) Rgiection of PEMsals Containing Alterations. Erasures or Irregularities.. Proposals may be rejected if they show any alterations or form additions not called for, conditional or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. (d) Bidder's Guaranty: All proposals shall be presented under sealed cover and shall be accompanied by cash, cashier's check or certified check payable to, or bidder's bond in favor of the City of Diamond Bar in an amount of said proposal, and no proposal shall be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. (e) Award of Contract: The award of the contract, if it be awarded, will be to the 29 lowest responsible bidder. (f) Return of Bidder's Guarantees: Proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. The Notice Inviting Sealed Bids, Proposal, Bonds, Instructions for Bidders, General Provisions and Detail Specifications, shall be deemed incorporated in the contract by reference. A corporation to which an award is made will be required, before the contract is finally executed, to furnish evidence of its corporate existence that the officer signing the contract and bonds for the corporation is duly authorized so to do. Subsection 2-5.1. Plans and Specifications -General is amended by the addition of the following: An addendum to these specifications may be issued by the Engineer at any time prior to the bid opening. Section 5. Utilities. This section is modified by addition of the following subsections. Subsection 5-1 Location This section is amended by addition of the following: The Contractor shall notify Underground Service Alert (USA) at 1-800-4224133 two working days prior to the start of any boring or excavating operations. The Contractor shall notify the owners of all utilities 48 hours before start of construction. The utility owners listed may be contacted as indicated. Utility Owner Identification. Utility owners who may have facilities which may affect the work are as follows: General Telephone 1400 E. Phillips Blvd. Pomona, California 91766 (909) 865-3307 Southern California Edison Company 800 West Cienega San Dimas, California 91773 (909) 592-3724 Walnut Valley Water District 271 South Brea Canyon Road Walnut, California 91789 (909) 595-7554 30 Southern California Gas Company Distribution Department 920 S. Stimson Ave. City of Industry, Ca 91745 (909) 394-4327 Underground Service Alert 1 (800) 422-4133 Subsection 5-2. Protection. The Contractor is hereby alerted to the existence of all utility lines shown on the plans. The Contractor shall carefully protect all lines during the course of construction. The Contractor is cautioned to protect existing utilities and their appurtenances which may be within the work area. Particular attention shall be given to water valves. Commencement of Work is amended lection 6 (` Cop�truction Schedule and - _ by the addition of the followin¢: Prior to commencing construction the contractor shall submit for approval a construction schedule. Section 7 ReaMnsibilities of the Contractor in Conduct of His Work. Subsection 7-2. Labor is amended by the addition of the followin¢: Labor Discrimination. No discrimination shall be made in the employment of such persons upon public works because of the race, color, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter 11 or Part VII, Division 2 of the Labor Code in accordance with the provisions of Section 1735 thereof. Subsection 7-3.1. Contractor's Responsibility for Work. Until acceptance of the work in writing by the City of ,Diamond Bar, the contractor shall have the charge and care of the work site at all times and shall- bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non execution of the work. The contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof. The City of Diamond Bar permits stockpiling of excavation material and/or construction material only in an authorized location. This requirement also applies to the location of a material and equipment yard and a construction office. All existing improvements (except utilities) which are removed or damaged during the course of construction of the project shall be restored to a condition equal to or better than, in all respects, the existing improvements removed or damaged unless otherwise specified or noted on the drawings. 31 Full compensation for conforming to the requirements of this section shall be included in other items of work performed and no additional compensation will be allowed. Subsection 74.1 Duration of Contract: The Contractor shall begin work on the date specified in the "Notice to Proceed". Subsection 7-10.1. Traffic and Access is amended by addition of the following": No public street, or portion thereof, may be closed to through traffic as a part of this Contract. However, if, in the opinion of the Engineer, it is in the interest of the City of Diamond Bar to close the street, the contractor shall close the street as directed by the Engineer. Full compensation for conforming to the requirements of this section shall be included in other items of work performed and no additional compensation will be allowed. The Contractor shall furnish all flagmen and guards and supply and install all signs, lights, flares, barricade delineators, and other facilities which are necessary to expedite the passage of public traffic through or around the work or to prevent accidents or damage or injury to the public or to give adequate warning to the public of any dangerous conditions to be encountered. The Caltrans "Manual of Traffic Controls" shall be used for all traffic control on this project. Subsection 7-11 SHORING OF EXCAVATIONS Shoring of excavations is not generally required on this project, however, the City's Engineer may determine that shoring is required in portions of the construction area, due to the type of trench excavation proposed by the contractor. The City has performed no soil testing to determine precisely what areas, if any, will require shoring. Shoring of excavation if required shall be in accordance with the requirements of Subsection 306-1, as amended, of the Standard Specifications, and shall meet all the requirements of the Construction Safety Orders of the Department of Industrial Relations, State of California and of OSHA. Approved protective fencing and barricading will also be provided by the Contractor as a part of this item. Prior to the required excavation the Contractor shall obtain all permits required thereby. The Contractor shall conform to the Section 6424 of the California State Labor Code regarding shoring and bracing of excavations. Of special importance in this regard is the following extract from said section: "For the excavation of any trench or trenches five feet or more in depth, the Contractor shall submit for acceptance by the awarding body, or by a registered civil or structural engineer employed by the awarding body, to whom authority has been delegated, in advance of excavation, of a detailed plan showing the design of 32 shorings, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer". Full compensation for conforming to the requirements of this section shall be included in other items of work involved and no additional compensation will be allowed. Section 9 Measurement and Payment. Subsection 9-3 is modified by addition of the following Paragraphs: The Contractor agrees that the payment that 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 Pests. The Contractor shall be entitled each month to a monthly progress payment in an amount equal to ninety percent (90%) of the estimated percentage of actual work completed by the end of the preceding calendar month, based on the contract price less all previous payments, provided that in all events the City shall withhold no less than ten percent (10%) of the contract price until final completion and acceptance of the work. The contractor may substitute in lieu of cash retention. This payment on account shall in no way be considered as an acceptance of any part of the work or material of the contract, nor shall it in any way govern the final estimate. Final Payments. After the completion of the contract, the Engineer shall make a final inspection of the work done thereunder, and if entirely satisfactory and complete, the City shall pay to the Contractor an amount which, when added to the payments previously made and deductions allowable to the City, will equal ninety percent (90%) of the contract price. Thereafter the balance of the contract price remaining unpaid shall be paid 35 calendar days after the recording of a Notice of Completion by the , City. The payment of the final amount due under the contract and the adjustment and payment for any work done in accordance with any alterations of the same shall release the City from any and all claims on account of the work performed under the contract or any alterations thereof. 33 SPECIFICATIONS FOR THE PROVISION OF LANDSCAPE AND APPURTENANT MAINTENANCE SERVICES FOR SPECIAL LANDSCAPE MAINTENANCE DISTRICTS 1. SCOPE OF THE WORK AND CONTRACT 1.01 The Work to be done under these specifications shall include the furnishing of all labor, material and equipment necessary for the provision of landscape and appurtenant maintenance services as set forth in these specifications including the exhibits attached hereto within the boundaries of the Special Districts and as said boundaries may have been heretofore or may be hereafter altered. 1.02 The foregoing work shall be done in a thorough and workmanlike manner under the direction and to the satisfaction of the Director of the Community. Services Department. The premises shall be maintained at the level of service provided for in these specifications" at all times. 1.03 The Contractor shall have the exclusive duty, right and privilege to mow, edge, trim, overseed, reseed, fertilize, aerate, irrigate, hand water and bleed valves as necessary during emergencies when automatic systems are not functioning, prune, trim, and renovate turf and shrub areas designated hereunder, as well as to provide weed control, disease control, tree maintenance within the District, maintenance of sprinkler systems including backflow, revention devices, repair of walkways, pumps; and the necessary maintenance of any appurtenant structures and equipment. 1.04 In return for the exclusiveness of said Contract and the other considerations provided for herein, the Contractor agrees to provide the landscape and appurtenant maintenance services within said District without any further compensation except as otherwise specifically provided for in the contract and/or specifications. 1.05 The Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage plant, groundcover or turf areas. 1.06 The Contractor shall, during the specified hours and days of operation, respond to all emergencies within two (2) hours of notification. 1.07 The Contractor shall perform a maintenance inspection weekly during daylight hours of all areas within the premises. Such inspection shall be both visual and operational. It, shall include operation of all irrigation, lighting and other mechanical systems to check for proper condition and reliability. 1.08 The term Director as used in these specifications shall mean Director of the Community Services Department or his authorized representative(s). 2. AREAS TO BE MAINTAINED 2.01 There are medians, parkway panels, cul-de-sac islands, village greens, adjacent roadway slopes, open space lots, linear greenbelts, paseos, fire protection slope areas, gate entry areas, creek SPI beds, semi -natural, and natural areas with turf, plants, trees, and ground cover which are irrigated by manual and/or an electrically controlled automatic systems. 2.02 Surface drains ("V" ditches) in the natural areas of the District are included as an area to be maintained by the contractor under these specifications. 2.03 An identification of the areas to be maintained is provided in Exhibit A attached to these specifications. 2.04 The bidder, before submitting his bid, shall visit all existing areas to be maintained and inform himself fully as to all conditions that might affect the work specified. Said inspection of these areas in the company of City representatives will be required as a condition of submitting a bid and all bidders must attend the bidders' conference which will be held on the site on the day of the walk-through inspection. 2.05 Estimated square footage by district are provided for all area to be maintained on the attached Exhibit A. However, it is the responsibility of the Contractor to verify by inspection and to observe the various slope characteristics. 3. CERTWICATIONS/REPORTS 3.01 Certification Contractor shall complete. the attached Landscape Maintenance certification form designated Exhibit B and shall submit same to Director concurrent with the monthly invoicing. The monthly payment to the Contractor will not be made until such report has been received by the Director. 3.02 In addition, when applicable, Contractor shall submit with the monthly invoice and Landscape Maintenance certification form, a report indicating, for those specialty type maintenance operations completed, the . quantity and complete description of all commercial and organic fertilizer, grass seed and soil amendments used and a valid licensed California Pest Control Advisor's recommendation and copies of corresponding pesticide use report signed by a licensed California Pest Control Operator for all chemical disease and pest control work performed. 3.03 Maintenance Function RM Contractor shall maintain and keep current a report form that records all On-going, Seasonal, and Additional Work, maintenance functions performed on a daily basis, by Contractor's personnel. Said report shall be in a form and content acceptable to the Director and shall be submitted to Director concurrent with the monthly invoicing. The monthly payment will not be made until such report is received by the Director. 4. ADDITIONAL WORK 4.01 The Director may at his discretion authorize the Contractor to perform additional work, in accordance with the provisions of the contract including but not limited to, repairs and replacements when the need for such work arises out of extraordinary incidents such as SP2 vandalism, Acts of God, and third party negligence; or improvements in order to add new, modify existing or to refurbish existing landscaping and irrigation systems as provided for in the contract authorizing the provision of those services. 4.02 Prior to performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials. No work shall commence without the written authorization from the Director. Not withstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Director nay verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twenty-four (24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Director for approval. 4.03 All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. 5. CONTRACTOR'S LIABILITY 5.01 All damages incurred to existing improvements located within areas under maintenance which in the City's opinion are due to the Contractor's operation shall be repaired or replaced at the Contractor's expense. 5.02 All such repairs or replacements shall be completed within the following time limits. a. Irrigation damage shall be repaired or replaced within one watering cycle. b. All damages to shrubs, trees, turf or groundcover shall be repaired or replaced within five (5) working days. 5.03 All repairs and/or replacements shall be completed in accordance with the following maintenance practices. a. Trees - Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. - If damage results in loss of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of Director. b. Shrubs - Minor damage may be corrected by appropriate pruning. - Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in Section 18 of these Specifications. c. Chemicals - All damage resulting from chemical operation, either spray -drift or lateral - leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil conditioned to insure its ability to support plant life. 6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 6.01 Should any misunderstanding arise the Director will interpret the Agreement. If the Contractor disagrees with the interpretation of the Director, he shall continue with the work in accordance with the Director's interpretation. Within thirty (30) days after receipt of the interpretation, SP3 he may file a written request for a hearing before a Disputes Review Panel as provided herein. The written request shall outline in detail the area of dispute. 6.02 The Disputes Review Panel will be appointed by the Director and will be composed of not less than three Non -City personnel having experience in the administration of Landscape maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to the Director, for his consideration, within one (1) week following the conclusion of the hearing. The Director shall render an interpretation based upon his review of the Panel's recommendation. The Director's decision shall be final. 7. OFFICE OF INQUIRIES AND COMPLAINTS 7.01 The Contractor shall maintain an office at some fixed place and shall maintain a telephone there at, listed in the telephone directory in his own name or in the firm name by which he is most commonly known, and shall, at all times, have some responsible person (s) , employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from property owners and tenants within said District or from the Director. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of the complaint within one (1) hour of receipt of complaint by the answering service. The telephone of said Contractor shall be on the exchange or exchanges of said District(s) or a toll-free number, and in no case shall the people of said District(s) be required to pay a toll charge to telephone said Contractor. During normal working hours, the Contractor's Foreman or employee of the Contractor, who is responsible for providing maintenance services shall be available for notification through radio communication. 7.02 Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify the Contractor cause such action to be taken by the City work force and shall charge the cost thereof as determined by the Director, against the Contractor, or may deduct such cost from any amount due to Contractor from City. 7.03 The Contractor shall maintain a written log of all complaints, the date and time thereof and the action taken pursuant thereto or the reason for non -action. The log of complaints shall be open to the inspection of the Director at all reasonable times. 7.04 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Director. If any complaint is not abated within 24 hours, the Director shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director, the Director may correct the specific complaint and the total cost incurred by the City will be deducted and forfeit from the payments owing to the Contractor from the City. SP4 8. SAFETY 8.01 Contractor agrees to perform all work outlined in these specifications in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all local, County, State or other legal requirements including but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL. O.S.H.A. Safety orders at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at said areas under maintenance and keep a log indicating date inspected and action taken. 8.02 It shall be the Contractor's responsibility to inspect, and identify, any conditions that renders any portion of the areas under maintenance unsafe, as well as any unsafe practices occurring thereon. The Director shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making minor corrections including but not limited to filling holes in turf areas and paving, replacing valve box covers, and securing play apparatus if any so as to protect members of the public or others from injury. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring on the premises, including a complete written report thereof to the Director within five (5) days following the occurrence. 9. HOURS AND DAYS OF MANTENANCE SERVICE 9.01 Hours of maintenance service shall be either 6:00 a.m. to 2:30 p.m. or 6:30 a.m. to 3:00 p.m. on those days maintenance is to be provided for a Special District pursuant to the work schedule approved in advance by the Director. 9.02 Contractor shall provide on-site staffing at the prescribed hours five (5) days per week, Monday through Friday at the Special Districts indicated on the work schedules approved in advance by the Director. Any changes in the days and hours of operation heretofore prescribed shall be subject to prior written approval by the Director. 9.03 Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this Agreement shall constitute a legal day's work and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of Twenty-five Dollars ($25.00) for each laborer, worker or mechanic employed in the execution of , said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each . calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week, in violation of the provision of Section 1811 to 1815, inclusive, of the Labor Code of the State of California. SP5 10. MAINTENANCE SCHEDULES 10.01 Contractor shall .provide a work schedule for the Districts to be maintained which shall be submitted to the Director within ten (10) days after the effective date of this Agreement for his approval. 10.02 The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the Director within five (5) working days prior to scheduled time for the work. 10.03 The above provisions are not construed to eliminate the Contractor's responsibility in complying with the requirement to notify the Director for Specialty Type maintenance as set forth immediately hereinafter. 10.04 Contractor shall notify the Director, in writing, at least two (2) weeks prior to the date and time of all "Specialty Type" maintenance operations. "Specialty Type" operations are defined as: a. Fertilization b. Turf aerification c. Turf renovation/verticutting d. Turf reseeding e. Spraying of trees, shrubs or turf f. Other items as determined by the Director Said "Specialty Type" maintenance services shall be performed in compliance with the specialized maintenance program (Exhibit C) attached hereto. Failure to complete special services in accord with the schedules set forth on Exhibit c will result in the Contractor becoming liable to the City for liquidated damages ($100 per day) without written notice commencing automatically upon the first day following the final date such work was to be completed. 11. CONTRACTOR'S STAFF 11.01 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. All of the Contractor's maintenance personnel shall be supervised by a qualified, English speaking, Foreman in the employ of the Contractor. 11.02 Contractor shall transfer or discharge any employee whose conduct or activity shall, in the reasonable exercise of discretion by the Director, be deemed detrimental to the interest of the public patronizing the premises. Contractor shall transfer or discharge any such person within a reasonable time following notice therefor from the Director and such person shall not be employed at any other City District area of maintenance contracted for and maintained by, the Contractor. 11.03 Director may require the Contractor to establish an identification system for personnel assigned to an area of maintenance which clearly indicates to the public the name of the Contractor responsible for the landscape and appurtenant maintenance services. The identification system SP6 shall be furnished at the Contractor's expense and may include appropriate attire and/or name badges as specified by the Director. 11.04 The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirt, shall be worn at all times and buttoned. 12. SIGNSIDWROVEMENTS 12.01 Contractor shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval therefor is obtained from the Director. 13. UTII.ITIES 13.01 The City shall pay for all utilities. However, water usage shall not exceed amount required to comply with irrigation schedules established by the Contractor and approved by the Director. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current usage with historical usage for the same time period. The excess cost factor, to be deducted from payments to Contractor from City will be presented to the Contractor by the Director prior to actual deduction to allow for explanations. 14. NON-INTERFERENCE 14.01 Contractor shall not interfere with the public use of the premises and shall conduct it's operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 15. STORAGE FACILITIES 15.01 City shall not provide any storage facilities for the Contractor. 16. TURF CARE 16.01 The Contractor shall perform at his sole expense the following services: a. Mowing - Turf to be mowed with an adequately sharpened rotary or reel type mower, equipped with rollers, to ensure a smooth surface appearance without scalping. All warm season grasses (Bermuda, St. Augustine, and Kikuyu) to be cut at a 1 inch height throughout the year. All coal season grasses (Blue Grass and Feseues) to be cut at 2 1/2 inches during April through November and at 2 inches during December to March of each year. The mowing heights will be adjusted by the Director during periods of renovation. All grass clippings will be collected and removed from the site on the same day the area is mowed. Notwithstanding the previous statements, use of a mulching type mower that SP7 deposits finely ground clippings in place is authorized and encouraged (large clumps of clippings must be removed). A mowing schedule will be established and maintained. This schedule will provide that all areas will be mowed not less than once a week during the warm season of April to November and once every two weeks during the cool season of December to March. This schedule will be submitted to the Director for approval. b. aging - With each cutting, the edge of the grass along sidewalks, curbs, shrub and flower beds, and walls shall be trimmed to a neat and uniform line. Where trees and shrubs occur in turf areas, all grass shall be removed 6 inches from the trunks of trees and away from the drip line of shrubs by use of power scythe, approved chemicals, or small mowers as required. Trim around all sprinkler heads as necessary in order to provide maximum water coverage. Edging will be done concurrent with each mowing. The edge of the turf shall be trimmed around value boxes, meter boxes, backflow devices or any structures located within the turf areas. All turf edges are to be maintained to prevent grass invasion into adjacent shrub, flower, and ground cover bed areas. All clippings shall be removed from site the same day area is edged. After mowing and edging is completed all adjacent walkways are to be swept clean by power blower. c. Weed Control - Control turf weeds as needed and in accordance with the specialized maintenance program (Exhibit Q. Hand removal of noxious weeds or grasses will be required as necessary. d. Insect/Disease Control - Eliminate all insect or disease affecting turf areas as they occur. e. Aerating - Aerate all turf areas four (4) times annually in accordance with the specialized maintenance program (Exhibit Q. Aerate all turf by using 1/2 inch tines removing 2 -inch cores of sod with an aerator machine at not more than 6 -inch spacing once over. Director is to be notified at least two (2) weeks prior to the exact date of aerating. f. Thatch Removal_ - Renovate all warm season grasses to the soil line and verticut all cool season grasses once annually prior to the overseeding operation to be performed in the fall of each year. Equipment will consist of standard renovating or vertical mowing types. Director is to be notified at least two (2) weeks prior to the exact date of renovation. g. Iajontion - Irrigation, including hand -watering and bleeding of valves during an emergency situation, as required to maintain adequate growth rate and appearance and in accordance with a schedule most conducive to plant growth. Contractor to provide Director with monthly written irrigation schedule on form provided for this purpose. Director shall have the ability to change the irrigation schedule as the need develops. Adequate soil moisture will be determined by programming the automatic sprinkler controllers as follows: (1) Consideration must be given to the soil conditions, seasonal temperatures, wind conditions, humidity, minimizing runoff and the relationship of conditions which affect day and night watering. This may include daytime watering during winter weather to prevent icy conditions and manual operation of the irrigation system during periods of windy or inclement weather. During freezing, rainy and/or windy conditions, automatic irrigation will be discontinued. (2) In areas where wind creates problems of spraying water onto private property or road rights -of --way, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night (between the hours of 7:00 p.m. and 6:00 a. m.). (3) The Contractor shall be responsible for monitoring all systems within the jurisdiction of this specification and correct for: coverage, adjustment, clogging of lines, and SP8 removal of obstacles, including plant materials which obstruct the spray. (4) Check systems daily and adjust and/or repair any sprinkler heads causing excessive runoff, including slope areas, or which throw directly onto roadway paving or walks (where sprinkler heads can be adjusted) within the District. (5) All controllers shall be adjusted on a weekly basis considering the water requirements of each remote control valve (sprinkler station). (6) Irrigation system will be controlled by Contractor in such a way as not to cause an excessively wet area which could interfere with the Contractor's ability to mow all turf. () The Contractor shall observe and note any deficiencies occurring from the original design and review these findings with the Director, so necessary improvements can be considered. (8) Contractor shall repair all leaking or defective valves immediately upon occurrence, or within twenty-four (24) hours following notification from the Director of such a deficiency. (9) A soil probe shall be used to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones. (10) Contractor shall file a monthly statement with the Department of Community Services certifying that all irrigation systems are functioning properly and provide a monthly irrigation schedule for the succeeding month. (11) Contractor shall also be required to file a yearly certification with the Department of Health Services and/or Walnut Valley Water District that all backflow prevention devices on the irrigation systems are operating in accordance with the requirements established by the Los Angeles County Health Services Department and/or Walnut Valley Water District. It will be the responsibility of the Contractor to repair and replace when necessary, subject to the provisions of Section 21 hereunder, all backflow prevention devices at his sole expense. Said certification shall be completed within thirty (30) days upon notification from the Department of Health Services and/or Walnut Valley Water District that said certifications are due. h. Fertilization - Turf shall be fertilized with a balanced type commercial fertilizer twice (2) a year during the months of May and September. All fertilizer used shall be inorganic and granular. Rate for each application shall be one (1) pound of actual available nitrogen per 1,000 square feet of a balanced type commercial fertilizer. The balanced fertilizer shall be approved by the Director and shall be of a 4-1-2 ratio. In addition to the balanced type commercial fertilization, the Contractor shall fertilize all turf areas with ammonium sulphate during March, April, and July of each calendar year at a rate of one (1) pound of actual available nitrogen per 1,000 square feet and with calcium or ammonium nitrate during November, December, and January of each calendar year at a rate of one (1) pound of actual available nitrogen per 1,000 square feet. All turf areas fertilized shall be thoroughly soaked immediately following fertilization. L Turf Reseeding - Contractor shall once each year in fall, overseed all turf after aerification and overseed all bare spots as needed throughout the remainder of the year to reestablish turf to an acceptable quality. When Contractor reseeds turf he will aerify, renovate or verticut, seed and mulch (spread evenly over the entire area to a uniform depth of 1/4 inch) in this sequence. The Director may require the use of sod when SP9 deemed necessary. Contractor shall be entitled to additional compensation for the cost of the sod only provided loss of turf was not due to the negligence of the Contractor. Overseeding shall be sown at a rate of five (5) pounds per 1,000 square feet and reseeding of bare areas shall be sown at a rate of eight (8) pounds per 1,000 square feet. The following seed specifications shall be used for all overseeding and reseeding. 17. SHRUB AND GROUND COVER CARE 17.01 The Contractor shall perform at his sole expense the following services: a. Prunina - Prune shrubbery during the month of January through March to encourage healthy growth habits and for shape and appearance with the exception of roses which shall be pruned no later than January. All shrubs shall be free of dead wood, weak, diseased, insect infested and damaged limbs at all times. Remove all clippings the same day shrubbery is pruned. b. Trimmini; - Restrict growth of shrubbery and ground covers to area behind curbs and walkways, and within planter beds by trimming, as necessary, or upon written notice by the Director. c. Renovation - Renovate ground covers according to prescribed practices in the industry as needed to maintain a healthy vigorous appearance and growth rate. d. Di. ace and Insert Control_ - Maintain free of disease and insects aid treat when needed pursuant to section 20. e. Weed Control - All ground cover and shrub beds are to be kept weed free at all times. Methods for control can incorporate one or all three of the following: (1) Hand removal. (2) Cultivation. (3) Chemical eradication. f. Fertili7ntion - Apply fertilizer at least two (2) times per year (during the months of March and April, and September and October) to provide a healthy color in all plants with foliar feedings if applicable. Contractor will cultivate around plants where needed. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with a fertilization schedule, with two (2) weeks notification prior to the proposed fertilization. g. jajggon - Irrigate including hand watering and bleeding of valves in emergency situations where automatic systems are not functioning as required to maintain adequate growth rate and appearance. Section -16, Paragraph g, concerning irrigation practices shall apply to shrubs and ground covers. h. Shrub and Ground Cover Replacement - All damaged, diseased (untreatable) or SP10 Proportion Name By Weight Purity Germination Newport Blue Grass 20% 95% 90 % Lolium Perenne ' Pennfine' Rye 26 1/3% 95 % 85% Pennant Rye 26 1/3% 95% 85% Derby Rye 26 1/3% 95 % 8596 17. SHRUB AND GROUND COVER CARE 17.01 The Contractor shall perform at his sole expense the following services: a. Prunina - Prune shrubbery during the month of January through March to encourage healthy growth habits and for shape and appearance with the exception of roses which shall be pruned no later than January. All shrubs shall be free of dead wood, weak, diseased, insect infested and damaged limbs at all times. Remove all clippings the same day shrubbery is pruned. b. Trimmini; - Restrict growth of shrubbery and ground covers to area behind curbs and walkways, and within planter beds by trimming, as necessary, or upon written notice by the Director. c. Renovation - Renovate ground covers according to prescribed practices in the industry as needed to maintain a healthy vigorous appearance and growth rate. d. Di. ace and Insert Control_ - Maintain free of disease and insects aid treat when needed pursuant to section 20. e. Weed Control - All ground cover and shrub beds are to be kept weed free at all times. Methods for control can incorporate one or all three of the following: (1) Hand removal. (2) Cultivation. (3) Chemical eradication. f. Fertili7ntion - Apply fertilizer at least two (2) times per year (during the months of March and April, and September and October) to provide a healthy color in all plants with foliar feedings if applicable. Contractor will cultivate around plants where needed. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with a fertilization schedule, with two (2) weeks notification prior to the proposed fertilization. g. jajggon - Irrigate including hand watering and bleeding of valves in emergency situations where automatic systems are not functioning as required to maintain adequate growth rate and appearance. Section -16, Paragraph g, concerning irrigation practices shall apply to shrubs and ground covers. h. Shrub and Ground Cover Replacement - All damaged, diseased (untreatable) or SP10 dead shrubs and ground covers will be replaced with the exact same material that existed and of similar size as required by the Director unless otherwise notified by the Director in writing. Substitutions for any plant materials must have prior approval in writing by the Director. Original plans and specifications should be consulted to determine correct identification of species. All shrubs shall be guaranteed to live and remain in healthy condition for no less than six (6) months from the date of acceptance of the job by the Director. 18. TREE CARE 18.01 The Contractor- at his sole expense shall perform the following services: a. Tree Maintenance - (1) Contractor shall be responsible for the pruning, shaping and removal of trees under 15' in height. The Contractor shall inform the Director's office of any damaged or diseased trees or any trees that poise a threat to adjacent concrete, walls or property. (2) All trees shall be maintained free of all dead, diseased and damaged branches back to the point of breaking. Cuts must be made flush with the parent limb or trunk to promote proper healing. Any cuts exceeding one and one-half (1 1/2) inch will be treated with a wound dressing. All sucker growth is to be removed from trees as it occurs. (3) Maintain seven (7) foot clearance for branches overhanging walks and fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of streets where applicable. (4) Control insects and diseases as needed pursuant to the provisions of Section 19 and Exhibit C. (5) Stake and support all replacement trees and replace stakes which have been broken or damaged on existing trees as required. (a) Tree stakes shall be pentachlorophenol treated lodge pole pine not less than eight (8) feet in length for five (5) gallon size trees and not less than ten (10) feet for fifteen (15) gallon trees sizes (two (2) per tree). (b) Guy wires where required and plant ties will be of pliable, zinc -rated ten (10 gauge wire (two (2) ties per tree). (c) Hose for covering wire to be either new or used garden hose at least one-half (1/2) inch in diameter those ties should allow for minimum of three (3) additional inches of clearance beyond the diameter of the branch or trunk being secured). (d) Stakes will not be placed closer than eight (8) inches from trunk of the tree. (e) Stakes and ties will be placed so no chafing of bark occurs and shall be checked frequently and retied to prevent girdling. b. Fertilization - Apply fertilizer within dripline at least once per year (during the months of March or April) to provide a healthy color in all plants. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Director with two (2) weeks notification prior to the fertilizer application. SP11 c. Irrigation - Irrigation will be programmed in conjunction with automatic controllers or manual control valves servicing turf or ground cover and shrub areas in accordance with the requirements of Section 16, ' Paragraph g. d. Pgrmi - If a permit is required for tree pruning, City Department of Community Services will obtain permit prior to commencement of work by Contractor. e. Tree Replacement - All trees permanently damaged by any means will be replaced as provided for under Sections 6 or 24 with the identical species of tree existing previously, unless otherwise notified in writing by the Director. The need for and the size of replacement will be determined by the Director at the monthly maintenance inspection meeting or upon written notification. Size of the replacement shall be of a like size not to exceed a 24 -inch box specimen container size. Substitutions will require prior written approval by the Director. original plans and specifications should be consulted to insure correct identification of species. f. Olive Tree Spraying - Ornamental olive trees shall be sprayed to prevent fruit set by use of "Maintain." Two applications shall be required 7-10 days apart. The first application shall be applied when 1/2 to 3/4 of the olive blooms are open (sometime between April 1 and May 10). Both spray applications shall be put on using a power sprayer with a minimum of 150 p.s.i. pressure. 19. USE OF CHEMICALS (PESTICIDES) AND DISEASE AND PEST CONTROL 19.01 The Contractor shall perform at his sole expense the following services: a. Disease, insect and pest control tasks described previously in turf, shrub/ground cover and tree care specifications. b. Control of weeds, insects and pests in the District areas, landscaped or natural, that may have an immediate adverse affect on adjacent private property. 19.02 Chemical use shall be controlled by the contractor per the following: a. Chemical Application - All work involving the, use of chemicals will be accomplished by a State of California licensed pest control operator. A written recommendation by a person possessing a valid California Pest Control Advisor License is required prior to chemical application. b. PermiAll chemicals requiring a special permit for use must be registered by the Contractor with the County Agricultural Commissioner Office and a permit obtained with a copy to the City Department of Community Services prior to use. A copy of all forms submitted to the County Agricultural Commissioner shall be given to the Director on a timely basis. c. Comolia= with Regula ions - All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California will be adhered to. d. Pest Control- Control of ground squirrels, gophers, and other burrowing rodents by trapping and/or eradication will be provided by the Contractor at his sole expense. Whenever holes are visible upon the surface, these holes shall be filled and securely tamped by contractor to avoid moisture runoff SP12 entering the holes. This procedure shall be followed in all areas especially within all slope areas. 20. GENERAL CLEAN-UP 20.01 The Contractor shall perform at his sole expense the following services: a. Trash Removal - Remove all trash and accumulated debris from site. b. Policing of Armes - All areas under maintenance and other designated areas will have above identified trash removed daily, seven days per week throughout the year. c. Concrete/AVhalt Median Strip Maintenance - Contractor is responsible for weed and grass removal within concrete/asphalt median strip areas, if any, at all times. d. Qlrb and Gutter Maintenance - Contractor is responsible for removal of weeds and grass from curb and gutter expansion joints at all times. e. Walkway Maintenance - Walkways, if any, will be cleaned immediately following mowing and edging and cleaned by use of power sweeping or blower equipment not less than once per week. This includes removal of all foreign objects from surfaces such as gum, dog feces, grease, paint, graffiti, etc. All walkway cracks and expansion joints shall be maintained weed and grass free at all times. f. Drain Maintenance - All drains, "V" ditches and catch basins shall be free of siltation and debris at all times. g. Removal of Leaves - Accumulations of leaves shall be removed from all areas not less than once per week. h. Trach Containers in Mini -Parks - All trash containers in mini -parks shall be emptied daily, seven days per week, throughout the year, and removed from the site. 21. IRRIGATION SYSTEM MAINTENANCE OR REPAIR 21.01 All irrigation systems within the District areas designated in this specification will be repaired and maintained as required for operation, by the Contractor at his sole expense in the following manner: a. &= of ReMgnsibility - The Contractor shall maintain (repair or replace as needed) and keep operable all irrigation equipment consisting of sprinkler heads, valves, lines, quick couplers, risers, automatic controllers, batteries, and backflow prevention devices. This paragraph does not require the Contractor to make a complete piping replacement of the system. b. Replacement Requirements - Replacements will be of original materials or substitutes approved by the Director in writing prior to any installation. c. Extent of Responsibility - The Contractor will be responsible for immediate maintenance (repair or replacement) of all irrigation systems. Contractor will be responsible at all times for hand watering and the bleeding of valves in emergency situations as required to sustain and prevent loss of turf, trees, SP13 plants, and ground covers when automatic systems are not functioning. The replacement Section 21 requirements to be provided by the Contractor shall be the normal deterioration, wear and tear, or negligence upon the part of the Contractor. The replacement required by Section 21 caused by extraordinary incidents of vandalism, acts of God, and third party negligence will be accomplished by the Contractor pursuant to the provisions of Section 23 of this Specification. However, the District(s) will continue the program of reimbursing the Contractor for the replacement with a new diaphragm valve of any piston type valve deemed to be unrepairable by the Director. However, the Contractor will be reimbursed only for the wholesale cost of the new diaphragm valve including sales tax plus 15% for overhead and profit (not for the labor to install). d. Ordinances - All materials and workmanship will be in accordance with applicable City or County Plumbing Ordinances. Where the provisions of the specifications exceed such requirements, the specifications shall govern. 22. MAINTENANCE AND REPAIR OF WALKWAYS & SERVICE ROADS, DRAINAGE SYSTEMS, CONCRETE BLOCKWALLS & MISCELLANEOUS IMPROVEMENTS 22.01 Walkways and Service Roads - All walkways and service roads, if any, shall be maintained by the Contractor so as to keep the integrity of the walking or driving surface in a safe, unimpaired condition. The Contractor shall be entitled to additional compensation for maintaining walkways and service roads in the following manner: a. Broken corners will be removed and . repaired as required. b. Broken curbs or headers adjacent to or part of roadways or walkways will be repaired or replaced. c. Contractor will not be responsible for total 'replacement of roadways or walkways as a result of normal deterioration, but will be required to replace all improvements damaged by his negligence. 22,02 praina&C Systems - The following services shall be provided by the Contractor at his expense except as otherwise provided for: a. All surface drains ("V" ditches), if any, shall be kept clear of debris so that water will have an unimpeded passage to its outlet. Contractor will repair or replace concrete portions as necessary for which the Contractor will receive additional compensation. b. All sub -surface drains (except storm drains) , if any, shall be periodically flushed with water to avoid build-up of silt and debris. All inlets to sub- surface drains shall be kept clear of leaves, paper and other debris to ensure unimpeded passage of water. Contractor shall replace all broken or stolen sections of pipe, catch basin boxes and grates, for which additional compensation shall be authorized. 22.03 Miscellaneous Improvements - It will be the responsibility of the Contractor to repair or replace miscellaneous improvements such as signs and mowing strips, and any SP14 other structural improvements within the District unless otherwise specified. Contractor shall be entitled to additional compensation for. these services. 23. MAINTENANCE, REPAIRS AND REPLACEMENTS DUE TO EXTRAORDINARY INCIDENTS 23.01 Contractor shall be responsible or performing maintenance, repairs and replacements, when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and Third party negligence in accordance with the provisions of this Section. The Contractor shall replace as the result of any of the extraordinary incidents described in this Section (1) damaged, diseased (untreatable) or dead shrubs, ground cover and trees in accordance with Sections 17 and 18 and (2) inoperable irrigation equipment described in Section 21. The Contractor shall submit a written estimate of the cost for performing such work. The Director may, upon review and approval of such estimate, authorize the Contractor to perform said work by the issuance of a written Work Order. After submittal of the bill, the Contractor shall be reimbursed only for the agreed upon cost estimate. Allowable elements of cost for (1) the replacement of shrubs, ground cover, and trees shall be their wholesale cost including sales tax and cost of labor plus a factor of 15 percent (15%) for overhead and profit and (2) the replacement of Irrigation Equipment as defined in Section 19 of these Specifications shall be only the wholesale cost of equipment including sales tax (no reimbursement for Contractor's cost of labor) plus a factor of 15 percent (15%) for overhead and profit. In the event .the Contractor's written estimate is not approved, then the Director reserves the right to contract with a third party to perform such work. 24. MAINTENANCE INSPECTIONS 24.01 The Contractor shall: a. Weekly perform a maintenance inspection during daylight hours of all facilities within the District. Such inspection shall be, both visual and operational. The operational inspection shall include operation, of all sprinkler, lighting and other technical systems to check for proper operational condition and reliability. b. Monthly meet on site with an authorized representative of the Director for a walk-through inspection. Said meeting shall be at the convenience of the Director and may include residents of the community. The Director shall notify the appropriate local representatives of the time and place of each walk- through inspection at least one (1) week prior to such inspection. In addition, weekly interim inspections may be made by the Director. Any corrective work required as a result of a monthly inspection or any interim inspection by the Director shall be accomplished to the satisfaction of the Director within three (3) days of the notification of deficiencie$, except in the case of a leaking valve which must be repaired within 24 hours following notification. 25. PLAYGROUND EQUIPMENT MAINTENANCE 25.01 All playground sites and equipment shall be inspected at the start of each work day and sand cleaned and raked level to remove any foreign and hazardous material and neatly groomed. 25.02 Special attention shall be made to low sand areas, around play equipment. These sand areas shall be leveled by distributing sand from high areas to low areas. 25.03 All sand play areas shall be maintained free of litter, cans, pop tops, broken glass and other debris. 25.04 All playground sites and equipment shall be checked daily, seven days per week, throughout the year and Contractor shall clean and remove litter from sand areas daily, seven days per week, throughout the year. Any unsafe condition of play equipment shall be corrected and/or reported pursuant to Section 8 of these specifications. 25.05 By the 10th of each month, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rototilling, all areas shall be raked level. 26. • FIRE PROTECTION SLOPE AREAS MAINTENANCE 26.01 These slope areas are hillside areas and are designed to meet Los Angeles County Ordinances for fire retardation. These areas generally occur in sloping terrain with gradients ranging 10 percent to 100 percent. Slopes are either manufactured or natural. The natural slopes have been brushed to remove certain plant materials. Manufactured slopes have been hydromulched in accordance with applicable County ordinances. Use of these areas by the residents should be minimal. 26.02 The maintenance of the natural slopes requires that the weeds and native brush be clipped to a height of 2 to 4 inches for a distance of at least 100 feet from a dwelling or structure. Also, dead wood from woody plants shall be trimmed when the area is brushed. Apply water within the cleared zone only as needed during fire season to maintain sufficient moisture content for sustenance of the plants and to inhibit combustion. Remove all debris from this operation off the District property. Weeding shall commence immediately following the rainy season once the growth of weeds has reached a maximum of 12 inches in height or when the County Fire Marshall has determined that a fire hazard condition exists. The required weeding shall be completed as soon as possible following its commencement and shall be completed throughout a District within a maximum period of thirty (30) days. Contractor shall be responsible for maintaining the brushed slope areas throughout the year in accordance with the above -identified height of weeds, dead wood removal and distance from dwellings or structures requirements. This may require that certain areas will need additional brushing as directed by the County Fire Marshall. Contractor will be paid additional compensation for additional brushing at the rate SP16 specified in the form of bid. Also, Contractor shall fertilize twice a year shrubs in these areas with inorganic 10-&4 and remove weeds to a distance of 30 feet measured from any sidewalk adjacent to a fire protection slope area. 26.03 Where reference is made to weeding, brushing or clearing within 100 feet of a structure, it is intended that the space between the structure and the private property line is the responsibility of the owner of the property. As an example, assume a private residential lot has a depth of 100 feet, the rear or side of which abuts a fire protection slope. Assume that the structure is set back 20 feet from the property line abutting this slope. The Contractor's responsibility is within the portion or balance of the 100 feet outside of the private property boundary, or, in this case, 80 feet. Consult with the Director for any questions regarding these areas. 26.04 The maintenance of the manufactured slopes requires that the planted slopes be kept weed free at all times. Contractor shall program the irrigation system to deliver sufficient moisture within the root zone of trees and shrubs to sustain growth. Contractor shall be responsible for any damage to slope areas caused by excessive watering practices. Plants and trees shall be fertilized in accordance with the requirements of Sections 17 and 18 of these Specifications. Weeding will be subject to the special conditions identified in Exhibit D of these specifications. 27. NATURAL AREAS MAINTENANCE 27.01 Naturalareas are open space areas that have minimal usage due to the sloping character of the land and the rugged landscape materials that are native to the land. Contractor will provide periodic maintenance consisting of debris removal only as directed by the Director. 27.02 Surface drains ("V" ditches) located in natural areas shall be maintained by the Contractor per 22.02.a at the Contractor's sole expense. 28. TERM OF AGREEMENT 28.01 This Agreement shall take effect and commence upon its execution by the City Council and unless executed on the first day of a calendar month, shall continue for the rest of the partial calendar month in which executed and for a period of twelve (12) full calendar months thereafter. 28.02 The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional 1 year extensions. 29. CONTRACTOR'S COMPENSATION 29.01 Should this Agreement commence on other than the first day of a calendar month, SP17 the Contractor's compensation for that partial calendar month shall be prorated at the rate of 1/30 of the full monthly rate per day, to, and including, the last day of the partial calendar month. 29.02 In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 28.02, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensations as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, as its discretion, substitute for the Index such other similar index as it may deem appropriate. 30.01 Contractor shall divert all organic material (i.e. grass clippings, tree trimmings) from being disposed with regular refuse. Contractor shall, to the extend feasible, utilize acceptable techniques (i.e. grassrecycling, composting) as approved by the Director, in the diversion of all organic materials from landfills. 30.02 Diversion shall be completed on an on-going basis. SPls X x X v x x xyr xxx IZIJ 3 �0 AC�� - Tb $ N1A�r1TP<<N�7 EXHIBIT "B" LANDSCAPE MAINTENANCE CERTIFICATION I (We) hereby certify under penalty of perjury that the work within the facilities specified under the provisions of the contract specifications for the District has been performed in accordance with the specification of said Agreement for the month of , 19 , and that: 1. Not less than the prevailing wages, as determined by the State Department of Industrial Relations, have been paid to personnel employed to do this work. 2. All On -Going Maintenance Tasks have been completed as provided for in said Agreement and Specifications. 3. Irrigation systems have been checked for operability and that the following are functioning properly. a. Irrigation lines b. Valves c. Sprinkler heads d. Controllers 4. Spraying and/or use of chemicals has occurred. If Yes, have: a. Copies of the PCA's written recommendation been sent to the Inspector? b. Copies of the Pesticide Use Report been sent to the Inspector? c. Copies of restricted use permits been sent to the Inspector? SP20 5. Specialty Type Maintenance been requested? If Yes, has: a. The inspector been notified in writing? b. If applicable, quantity and complete description of materials used been sent to inspector? 6. The work schedules provided remain unchanged. If schedules, have been changed, has: a. Inspector been notified?: 7. COMMENTS Company Name (please print) Authorized Representative's Signature SP21 Date "O �= z J C j[ = Q 2 C C S 0 ., 72z s v _ o < J o Lu ` J 0 w T Z. O C j L > z z J LU U z Q � z w zcc O cdo N'Nt MC LU 0 0 Q O Q W ^L < `J j Q QzC1C U c> Q< W z W Q y o u � i Q O w zz z W ~ v a SP22 rw �w = S. S "O �= z J C j[ = Q 2 C C S ., 72z s v _ o < J o � J Z. O EXHIBIT "D" DIAMOND BAR LLAD NOS. 39 AND 41 The program for the control of Fescue on the planted slope areas within the Diamond Bar Hills and the Diamond Bar High Country developments shall consist of the following pre -emergent and post emergent herbicide applications. Ronstar shall be applied at the rate of 100-200 pounds per acre to prevent the germination of new Fescue and will put the existing Fescue under unfavorable stress allowing the existing ground cover to push out the Fescue by outgrowing it. Fusilade at the rate of one pint per acre shall be applied to control existing Fescue. Therefore, this program provides for the use of Fusilade as a post -emergent grass killer and Ronstar as a pre -emergent grass herbicide to control Fescue found on these designated slopes. This program shall be repeated as often as needed to eradicate or control the growth of Fescue on these slopes. The above conditions will be discussed on the site during the scheduled walk-through inspection which all prospective bidders will be required to attend. SP23